S.B. No. 873
AN ACT
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