Bill Text: TX HB134 | 2013-2014 | 83rd Legislature | Introduced

---

Bill Title: Relating to the criminal jurisdiction of the supreme court and the abolishment of the court of criminal appeals.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-02-06 - Referred to Judiciary & Civil Jurisprudence [HB134 Detail]

Download: Texas-2013-HB134-Introduced.html

---

83R1803 YDB-D
By: Raymond H.B. No. 134

A BILL TO BE ENTITLED
AN ACT
relating to the criminal jurisdiction of the supreme court and the
abolishment of the court of criminal appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 4.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
following courts have jurisdiction in criminal actions:
1. The Supreme Court [of Criminal Appeals];
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, Tarrant County, or
Travis County that give preference to criminal cases and the
magistrates appointed by the judges of the criminal district courts
of Dallas County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal
jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts; and
11. The magistrates appointed by the judges of the
district courts of Lubbock County.
SECTION 2. Article 4.04, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.04. SUPREME COURT [OF CRIMINAL APPEALS]
Sec. 1. The Supreme Court [of Criminal Appeals] and each
justice of the court [judge thereof shall] have[, and is hereby
given,] the power and authority to grant and issue and cause the
issuance of:
(1) writs of habeas corpus;
(2) [, and,] in criminal law matters, the writs of
mandamus, procedendo, prohibition, and certiorari; and
(3) any [. The court and each judge thereof shall
have, and is hereby given, the power and authority to grant and
issue and cause the issuance of such] other writs [as may be]
necessary to protect its jurisdiction or enforce its judgments.
Sec. 2. The Supreme Court has [of Criminal Appeals shall
have, and is hereby given,] final appellate and review jurisdiction
in criminal cases coextensive with the limits of the state, and its
determinations are [shall be] final. [The appeal of all cases in
which the death penalty has been assessed shall be to the Court of
Criminal Appeals. In addition, the Court of Criminal Appeals may,
on its own motion, with or without a petition for such discretionary
review being filed by one of the parties, review any decision of a
court of appeals in a criminal case. Discretionary review by the
Court of Criminal Appeals is not a matter of right, but of sound
judicial discretion.]
Sec. 3. A reference in this code or other state law to the
Court of Criminal Appeals means the Supreme Court, a reference to a
judge of the Court of Criminal Appeals means a justice of the
Supreme Court, and a reference to the presiding judge of the Court
of Criminal Appeals means the chief justice of the Supreme Court.
SECTION 3. Section 52.092(c), Election Code, is amended to
read as follows:
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) railroad commissioner;
(8) chief justice, supreme court;
(9) justice, supreme court[;
[(10) presiding judge, court of criminal appeals;
[(11) judge, court of criminal appeals].
SECTION 4. Section 172.021(g), Election Code, is amended to
read as follows:
(g) A candidate for the office of chief justice or justice,
supreme court, [or presiding judge or judge, court of criminal
appeals,] who chooses to pay the filing fee must also accompany the
application with a petition that complies with the requirements
prescribed for a petition authorized by Subsection (b), except that
the minimum number of signatures that must appear on the petition
required by this subsection is 50 from each court of appeals
district.
SECTION 5. Section 22.001(a), Government Code, is amended
to read as follows:
(a) The supreme court has appellate jurisdiction [, except
in criminal law matters,] coextensive with the limits of the state
and extending to all questions of law arising in the following cases
when they have been brought to the courts of appeals from appealable
judgment of the trial courts:
(1) a case in which the justices of a court of appeals
disagree on a question of law material to the decision;
(2) a case in which one of the courts of appeals holds
differently from a prior decision of another court of appeals or of
the supreme court on a question of law material to a decision of the
case;
(3) a case involving the construction or validity of a
statute necessary to a determination of the case;
(4) a case involving state revenue;
(5) a case in which the railroad commission is a party;
and
(6) any other case in which it appears that an error of
law has been committed by the court of appeals, and that error is of
such importance to the jurisprudence of the state that, in the
opinion of the supreme court, it requires correction, but excluding
those cases in which the jurisdiction of the court of appeals is
made final by statute.
SECTION 6. Section 22.002(a), Government Code, is amended
to read as follows:
(a) The supreme court or a justice of the supreme court may
issue writs of procedendo and certiorari and all writs of quo
warranto and mandamus agreeable to the principles of law regulating
those writs, against a statutory county court judge, a statutory
probate court judge, a district judge, a court of appeals or a
justice of a court of appeals, or any officer of state government
except the governor[, the court of criminal appeals, or a judge of
the court of criminal appeals].
SECTION 7. The heading to Subchapter B, Chapter 22,
Government Code, is amended to read as follows:
SUBCHAPTER B. SUPREME COURT: [OF] CRIMINAL APPEALS
SECTION 8. Subchapter B, Chapter 22, Government Code, is
amended by adding Section 22.1011 to read as follows:
Sec. 22.1011. REFERENCE TO COURT OF CRIMINAL APPEALS. A
reference in this code or other state law to the court of criminal
appeals means the supreme court, a reference to a judge of the court
of criminal appeals means a justice of the supreme court, and a
reference to the presiding judge of the court of criminal appeals
means the chief justice of the supreme court.
SECTION 9. Sections 22.102 and 22.103, Government Code, are
amended to read as follows:
Sec. 22.102. MANDATE. When the court from which an appeal
is taken is deprived of jurisdiction over the case pending the
appeal and the case is determined by a court of appeals or the
supreme court [of criminal appeals], the mandate of the appellate
court that determined the case shall be directed to the court that
had jurisdiction over the case, as also provided by Section 22.226.
Sec. 22.103. ASCERTAINMENT OF FACTS. The supreme court [of
criminal appeals] may ascertain, on affidavit or otherwise, the
matters of fact that are necessary to the exercise of its
jurisdiction.
SECTION 10. Section 22.105(a), Government Code, is amended
to read as follows:
(a) The fact that a justice [judge] of the supreme court [of
criminal appeals] is disqualified under the constitution and laws
of this state to hear and determine a case shall be certified to the
governor.
SECTION 11. The heading to Section 22.106, Government Code,
is amended to read as follows:
Sec. 22.106. COMMISSIONERS OF SUPREME COURT [OF CRIMINAL
APPEALS].
SECTION 12. Sections 22.106(a), (c), and (d), Government
Code, are amended to read as follows:
(a) The chief justice [presiding judge] of the supreme court
[of criminal appeals], with the concurrence of a majority of the
justices [judges] of the supreme court [of criminal appeals], may
designate and appoint a retired appellate judge or district judge
who has consented to be subject to appointment, or an active
appellate judge or district judge, to sit as a commissioner of the
supreme court [of criminal appeals]. A designated judge must
consent to the designation and appointment. The chief justice
[presiding judge] may designate and appoint as many commissioners
as the chief justice considers [he deems] necessary to aid the court
in disposing of its business.
(c) The opinions of a commissioner shall be submitted to the
supreme court [of criminal appeals] for approval. When approved by
a majority of the court, an opinion of a commissioner has the same
weight and legal effect as an opinion originally prepared by the
supreme court [of criminal appeals].
(d) The compensation of a judge while sitting as a
commissioner of the supreme court [of criminal appeals] shall be
paid out of money appropriated from the general revenue fund for
that purpose in an amount equal to the salary of the justices
[judges] of the supreme court [of criminal appeals] and shall be in
lieu of the retirement allowance that the judge receives or in lieu
of the compensation the judge [he] receives as an active judge of
another court. In addition to the compensation, a judge sitting as
a commissioner of the court is entitled to receive the judge's [his]
actual travel expenses to and from Austin and a $25 per diem while
the judge [he] is assigned to the supreme court [of criminal
appeals] in Austin.
SECTION 13. Sections 22.107, 22.108, 22.109, and 22.1095,
Government Code, are amended to read as follows:
Sec. 22.107. COMMISSION IN AID OF SUPREME COURT [OF
CRIMINAL APPEALS]. (a) In addition to the authority granted by
Section 22.106 [of this code], the supreme court [of criminal
appeals] may appoint a commission for the aid of the court in
disposing of the business before the court. The commission in aid
of the court shall discharge the duties that are assigned it by the
supreme court [of criminal appeals].
(b) The commission shall be composed of two attorneys having
the qualifications fixed by the constitution and laws of this state
for a justice [judge] of the supreme court [of criminal appeals].
Commissioners serve two-year terms that expire September 1 of each
odd-numbered year.
(c) The opinions of the commissioners in aid of the court
shall be submitted to the supreme court [of criminal appeals] for
approval. When approved by a majority of the court and handed down
as an opinion of the court, an opinion of a commissioner in aid of
the court has the same weight and legal effect as an opinion
originally prepared and handed down by the supreme court [of
criminal appeals].
(d) Each member of the commission is entitled to receive for
the member's [his] services the salary that is provided by law.
(e) The supreme court [of criminal appeals] by appointment
may fill a vacancy on the commission in aid of the court that is
created by the death, resignation, or removal of a member of the
commission. A person appointed to fill a vacancy continues in
office for the unexpired portion of the term for which the
commissioner vacating the office was appointed.
(f) The supreme court [of criminal appeals] shall appoint
two stenographers for the commission.
Sec. 22.108. RULES OF APPELLATE PROCEDURE IN CRIMINAL
CASES. (a) The supreme court [of criminal appeals] is granted
rulemaking power to promulgate rules of posttrial, appellate, and
review procedure in criminal cases except that its rules may not
abridge, enlarge, or modify the substantive rights of a litigant.
(b) The supreme court [of criminal appeals] may promulgate a
comprehensive body of rules of posttrial, appellate, and review
procedure in criminal cases and from time to time may promulgate a
specific rule or rules of posttrial, appellate, or review procedure
in criminal cases or an amendment or amendments to a specific rule
or rules. Rules and amendments adopted under this subsection are
effective at the time the supreme court [of criminal appeals]
considers expedient in the interest of a proper administration of
justice. The rules and amendments to rules remain in effect unless
and until disapproved, modified, or changed by the legislature.
The clerk of the supreme court [of criminal appeals] shall file with
the secretary of state the rules or amendments to rules promulgated
by the supreme court [of criminal appeals] under this subsection.
(c) The rules of posttrial, appellate, and review procedure
in criminal cases shall be published in the Texas Register and in
the Texas Bar Journal. The supreme court [of criminal appeals] may
adopt the method it considers expedient for the printing and
distribution of the rules.
Sec. 22.109. RULES OF EVIDENCE IN CRIMINAL CASES. (a) The
supreme court [of criminal appeals] has the full rulemaking power
in the promulgation of rules of evidence in the trials of criminal
cases, except that its rules may not abridge, enlarge, or modify the
substantive rights of a litigant.
(b) The supreme court [of criminal appeals] may promulgate a
comprehensive body of rules of evidence in the trials of criminal
cases and from time to time may promulgate a specific rule or rules
of evidence or an amendment or amendments to a specific rule or
rules. Rules and amendments adopted under this subsection are
effective at the time the supreme court [of criminal appeals]
considers expedient in the interest of a proper administration of
justice. The rules and amendments to rules remain in effect unless
and until disapproved by the legislature. The secretary of state
shall report the rules or amendments to rules to the next regular
session of the legislature by mailing a copy of the rules or
amendments to rules to each elected member of the legislature on or
before December 1 immediately preceding the session.
(c) The rules of evidence in the trials of criminal cases
shall be published in the Texas Register and in the Texas Bar
Journal. The supreme court [of criminal appeals] may adopt the
method it considers expedient for the printing and distribution of
the rules.
Sec. 22.1095. RULES ON ELECTRONIC FILING OF DOCUMENTS FOR
CAPITAL CASES IN SUPREME COURT [OF CRIMINAL APPEALS].
[(a)] Notwithstanding Subchapter I, Chapter 51, or any other law,
the supreme court [of criminal appeals] may adopt rules and
procedures providing for and governing the electronic filing of
briefs, pleadings, and other documents for capital cases in that
court.
[(b) In the adoption of rules and procedures under
Subsection (a), the court of criminal appeals shall coordinate with
the supreme court and the rules and procedures adopted by that
court.]
SECTION 14. Sections 22.110(a), (b), (c), and (e),
Government Code, are amended to read as follows:
(a) The supreme court [of criminal appeals] shall assure
that judicial training related to the problems of family violence,
sexual assault, and child abuse and neglect is provided.
(b) The supreme court [of criminal appeals] shall adopt the
rules necessary to accomplish the purposes of this section. The
rules must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A of this code or
Chapter 201, Family Code, master, referee, and magistrate to
complete at least 12 hours of the training within the judge's first
term of office or the judicial officer's first four years of service
and provide a method for certification of completion of that
training. At least four hours of the training must be dedicated to
issues related to child abuse and neglect and must cover at least
two of the topics described in Subsections (d)(8)-(12). At least
six hours of the training must be dedicated to the training
described by Subsections (d)(5), (6), and (7). The rules must
require each judge and judicial officer to complete an additional
five hours of training during each additional term in office or four
years of service. At least two hours of the additional training
must be dedicated to issues related to child abuse and neglect. The
rules must exempt from the training requirement of this subsection
each judge or judicial officer who files an affidavit stating that
the judge or judicial officer does not hear any cases involving
family violence, sexual assault, or child abuse and neglect.
(c) In adopting the rules, the supreme court [of criminal
appeals] may consult with [the supreme court and with] professional
groups and associations in the state that have expertise in the
subject matter to obtain the recommendations of those groups or
associations for instruction content.
(e) The supreme court [of criminal appeals] or the court's
designee shall report the name of a judge or judicial officer who
does not comply with the requirements of this section to the State
Commission on Judicial Conduct.
SECTION 15. Sections 22.1105(b) and (c), Government Code,
are amended to read as follows:
(b) The supreme court [of criminal appeals] shall adopt the
rules necessary to provide for the training required under
Subsection (a). The rules must require a judge described by
Subsection (a) to complete two hours of the required training every
judicial academic year that ends in a 0 or a 5 as part of the
training the judge is required to complete under rules adopted by
the supreme court [of criminal appeals] or other law.
(c) In adopting the rules, the supreme court [of criminal
appeals] may consult with [the supreme court and with] professional
groups and associations in this state that have expertise in the
subject matter to obtain the recommendations of those groups or
associations for instructional content.
SECTION 16. Section 22.111, Government Code, is amended to
read as follows:
Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO
PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The supreme
court [of criminal appeals] shall provide to prosecuting attorneys
training related to the use of Section 12.47, Penal Code, and
Article 42.014, Code of Criminal Procedure, for enhancing
punishment on a finding that an offense was committed because of the
defendant's bias or prejudice as defined in Article 42.014, Code of
Criminal Procedure.
SECTION 17. Sections 22.226 and 22.301, Government Code,
are amended to read as follows:
Sec. 22.226. MANDATE. When the court from which an appeal
is taken is deprived of jurisdiction over the case pending the
appeal and the case is determined by a court of appeals or the
supreme court [of criminal appeals], the mandate of the appellate
court that determines the case shall be directed to the court that
had jurisdiction over the case, as also provided by Section 22.102.
Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF
APPELLATE COURTS. The salaries of the state prosecuting attorney
and the clerks, other officers, and employees of the supreme
court[, court of criminal appeals,] and courts of appeals shall be
determined by the legislature in its appropriation acts for the
support of the judiciary.
SECTION 18. Section 22.302(a), Government Code, is amended
to read as follows:
(a) At the discretion of its chief justice [or presiding
judge], the supreme court[, the court of criminal appeals,] or a
court of appeals may order that oral argument be presented through
the use of teleconferencing technology. The court and the parties
or their attorneys may participate in oral argument from any
location through the use of teleconferencing technology.
SECTION 19. The following sections of the Government Code
are repealed:
(1) Sections 22.0035(d) and (e);
(2) Section 22.101; and
(3) Section 22.112.
SECTION 20. This Act takes effect on the date on which the
constitutional amendment proposed by the 83rd Legislature, Regular
Session, 2013, to abolish the court of criminal appeals and
establish one supreme court with civil and criminal appellate
jurisdiction takes effect. If that amendment is not approved by the
voters, this Act has no effect.