Bill Text: TX SB873 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the courts authorized to hear certain matters relating to a capias pro fine.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB873 Detail]
Download: Texas-2015-SB873-Enrolled.html
S.B. No. 873 |
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relating to the courts authorized to hear certain matters relating | ||
to a capias pro fine. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 43.05, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) If the court that issued the capias pro fine is | ||
unavailable, the arresting officer may, in lieu of placing the | ||
defendant in jail, take the defendant to: | ||
(1) another court in the same county with jurisdiction | ||
over Class A and Class B misdemeanors or a county criminal law | ||
magistrate court in the same county, if the court that issued the | ||
capias pro fine was a county court or a statutory county court with | ||
Class A and Class B misdemeanor jurisdiction; or | ||
(2) another court in the same county with jurisdiction | ||
over felony cases or a county criminal law magistrate court in the | ||
same county, if the court that issued the capias pro fine was a | ||
district court with felony jurisdiction. | ||
SECTION 2. Article 45.045, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) If the court that issued the capias pro fine is | ||
unavailable, the arresting officer may, in lieu of placing the | ||
defendant in jail, take the defendant to: | ||
(1) a justice of the peace court or county criminal law | ||
magistrate court with jurisdiction over Class C misdemeanors that | ||
is located in the same county, if the court that issued the capias | ||
pro fine was a justice of the peace court; or | ||
(2) a municipal court that is located in the same | ||
municipality, if the court that issued the capias pro fine was a | ||
municipal court. | ||
SECTION 3. Article 45.046, Code of Criminal Procedure, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) For purposes of a hearing described by Subsection (a), | ||
if the court that issued the capias pro fine is unavailable, the | ||
following judicial officers may conduct the hearing: | ||
(1) a justice of the peace or county criminal law | ||
magistrate with jurisdiction over Class C misdemeanors who is | ||
located in the same county as the issuing court, if the issuing | ||
court was a justice of the peace court; or | ||
(2) a municipal court judge who is located in the same | ||
municipality as the issuing court, if the issuing court was a | ||
municipal court. | ||
SECTION 4. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 873 passed the Senate on | ||
April 23, 2015, by the following vote: Yeas 30, Nays 0; and that | ||
the Senate concurred in House amendment on May 28, 2015, by the | ||
following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 873 passed the House, with | ||
amendment, on May 22, 2015, by the following vote: Yeas 140, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |