Texas 2009 - 81st Regular

Texas House Bill HB3407 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9465 SJM-D
2	2	By: Miller of Comal H.B. No. 3407
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to at-large filing for a misdemeanor offense and the
8	8	appearance of the accused person before a magistrate.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 14.06, Code of Criminal Procedure, is
11	11	amended by adding Subsections (c-1) and (c-2) to read as follows:
12	12	(c-1) If the individual resides in the county where the
13	13	offense occurred, a person other than a peace officer who seeks to
14	14	make a complaint alleging that the individual committed a
15	15	misdemeanor offense may file with the prosecuting attorney:
16	16	(1) a complaint that describes the alleged offense;
17	17	and
18	18	(2) a sworn affidavit stating the facts that establish
19	19	probable cause that the individual committed the offense.
20	20	(c-2) If the prosecuting attorney determines based on a
21	21	complaint and sworn affidavit submitted under Subsection (c-1) that
22	22	probable cause exists to believe that the individual committed the
23	23	offense alleged, the prosecuting attorney shall prepare a charging
24	24	instrument and file with the county clerk the charging instrument,
25	25	the complaint, and the sworn affidavit. On receipt of the charging
26	26	instrument, the county clerk may, instead of issuing a warrant for
27	27	the arrest of the individual, send to the last known address of the
28	28	individual by certified mail, return receipt requested, a notice to
29	29	appear containing notice of the time and place the individual must
30	30	appear before the court, the name and address of the individual
31	31	charged, and the offense charged.
32	32	SECTION 2. Article 15.17(g), Code of Criminal Procedure, is
33	33	amended to read as follows:
34	34	(g) If a person charged with an offense punishable as a
35	35	misdemeanor appears before a magistrate in compliance with a
36	36	citation or notice to appear issued under Article 14.06 [14.06(b)
37	37	or (c)], the magistrate shall perform the duties imposed by this
38	38	article in the same manner as if the person had been arrested and
39	39	brought before the magistrate by a peace officer. After the
40	40	magistrate performs the duties imposed by this article, the
41	41	magistrate except for good cause shown may release the person on
42	42	personal bond. If a person who was issued a citation or notice to
43	43	appear under Article 14.06 [14.06(c)] fails to appear as required
44	44	by that citation or notice to appear, the magistrate before which
45	45	the person is required to appear shall issue a warrant for the
46	46	arrest of the accused.
47	47	SECTION 3. Article 14.06(d), Code of Criminal Procedure, is
48	48	repealed.
49	49	SECTION 4. The change in law made by this Act applies only
50	50	to an offense committed on or after the effective date of this Act.
51	51	An offense committed before the effective date of this Act is
52	52	covered by the law in effect when the offense was committed, and the
53	53	former law is continued in effect for that purpose. For purposes of
54	54	this section, an offense was committed before the effective date of
55	55	this Act if any element of the offense occurred before that date.
56	56	SECTION 5. This Act takes effect September 1, 2009.