Bill Text: TX HB163 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the criminal jurisdiction of the supreme court and the abolishment of the court of criminal appeals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-11 - Referred to Judiciary & Civil Jurisprudence [HB163 Detail]
Download: Texas-2011-HB163-Introduced.html
82R1187 YDB-D | ||
By: Raymond | H.B. No. 163 |
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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 4.04, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.04. SUPREME COURT [ |
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Sec. 1. The Supreme Court [ |
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justice of the court [ |
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issuance of: | ||
(1) writs of habeas corpus; | ||
(2) [ |
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mandamus, procedendo, prohibition, and certiorari; and | ||
(3) any [ |
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necessary to protect its jurisdiction or enforce its judgments. | ||
Sec. 2. The Supreme Court has [ |
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in criminal cases coextensive with the limits of the state, and its | ||
determinations are [ |
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SECTION 2. 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[ |
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SECTION 3. 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, [ |
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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 4. Section 22.001(a), Government Code, is amended | ||
to read as follows: | ||
(a) The supreme court has appellate jurisdiction [ |
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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 5. 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[ |
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SECTION 6. The heading to Subchapter B, Chapter 22, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. SUPREME COURT: [ |
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SECTION 7. 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 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 8. 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 [ |
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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 [ |
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matters of fact that are necessary to the exercise of its | ||
jurisdiction. | ||
SECTION 9. Section 22.105(a), Government Code, is amended | ||
to read as follows: | ||
(a) The fact that a justice [ |
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of this state to hear and determine a case shall be certified to the | ||
governor. | ||
SECTION 10. Sections 22.106(a), (c), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) The chief justice [ |
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[ |
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justices [ |
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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 [ |
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consent to the designation and appointment. The chief justice | ||
[ |
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as the chief justice considers [ |
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in disposing of its business. | ||
(c) The opinions of a commissioner shall be submitted to the | ||
supreme court [ |
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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 [ |
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(d) The compensation of a judge while sitting as a | ||
commissioner of the supreme court [ |
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paid out of money appropriated from the general revenue fund for | ||
that purpose in an amount equal to the salary of the justices | ||
[ |
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lieu of the retirement allowance that the judge receives or in lieu | ||
of the compensation the judge [ |
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another court. In addition to the compensation, a judge sitting as | ||
a commissioner of the court is entitled to receive the judge's [ |
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actual travel expenses to and from Austin and a $25 per diem while | ||
the judge [ |
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SECTION 11. 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 [ |
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Section 22.106 [ |
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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 [ |
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(b) The commission shall be composed of two attorneys having | ||
the qualifications fixed by the constitution and laws of this state | ||
for a justice [ |
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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 [ |
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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 [ |
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(d) Each member of the commission is entitled to receive for | ||
the member's [ |
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(e) The supreme court [ |
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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 [ |
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two stenographers for the commission. | ||
Sec. 22.108. RULES OF APPELLATE PROCEDURE IN CRIMINAL | ||
CASES. (a) The supreme court [ |
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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 [ |
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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 [ |
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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 [ |
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the secretary of state the rules or amendments to rules promulgated | ||
by the supreme court [ |
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(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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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the supreme court [ |
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procedures providing for and governing the electronic filing of | ||
briefs, pleadings, and other documents for capital cases in that | ||
court. | ||
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SECTION 12. Sections 22.110(a), (b), (c), and (e), | ||
Government Code, are amended to read as follows: | ||
(a) The supreme court [ |
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that judicial training related to the problems of family violence, | ||
sexual assault, and child abuse and neglect is provided. | ||
(b) The supreme court [ |
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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 54 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 [ |
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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 [ |
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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 13. Sections 22.1105(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) The supreme court [ |
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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 [ |
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(c) In adopting the rules, the supreme court [ |
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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 14. 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 [ |
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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 15. 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 [ |
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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[ |
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determined by the legislature in its appropriation acts for the | ||
support of the judiciary. | ||
SECTION 16. Section 22.302(a), Government Code, is amended | ||
to read as follows: | ||
(a) At the discretion of its chief justice [ |
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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 17. 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 18. This Act takes effect on the date on which the | ||
constitutional amendment proposed by the 82nd Legislature, Regular | ||
Session, 2011, to abolish the court of criminal appeals and vest | ||
that court's criminal jurisdiction in the supreme court takes | ||
effect. If that amendment is not approved by the voters, this Act | ||
has no effect. |