Texas 2015 - 84th Regular

Texas Senate Bill SB873 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R27389 ADM-F
2		-	By: Rodríguez S.B. No. 873
3		-	(Moody)
4		-	Substitute the following for S.B. No. 873: No.
	1	+	S.B. No. 873
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the courts authorized to hear certain matters relating
10	6		to a capias pro fine.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Article 43.05, Code of Criminal Procedure, is
13	9		amended by adding Subsection (c) to read as follows:
14	10		(c) If the court that issued the capias pro fine is
15	11		unavailable, the arresting officer may, in lieu of placing the
16	12		defendant in jail, take the defendant to:
17	13		(1) another court in the same county with jurisdiction
18	14		over Class A and Class B misdemeanors or a county criminal law
19	15		magistrate court in the same county, if the court that issued the
20	16		capias pro fine was a county court or a statutory county court with
21	17		Class A and Class B misdemeanor jurisdiction; or
22	18		(2) another court in the same county with jurisdiction
23	19		over felony cases or a county criminal law magistrate court in the
24	20		same county, if the court that issued the capias pro fine was a
25	21		district court with felony jurisdiction.
26	22		SECTION 2. Article 45.045, Code of Criminal Procedure, is
27	23		amended by adding Subsection (a-1) to read as follows:
28	24		(a-1) If the court that issued the capias pro fine is
29	25		unavailable, the arresting officer may, in lieu of placing the
30	26		defendant in jail, take the defendant to:
31	27		(1) a justice of the peace court or county criminal law
32	28		magistrate court with jurisdiction over Class C misdemeanors that
33	29		is located in the same county, if the court that issued the capias
34	30		pro fine was a justice of the peace court; or
35	31		(2) a municipal court that is located in the same
36	32		municipality, if the court that issued the capias pro fine was a
37	33		municipal court.
38	34		SECTION 3. Article 45.046, Code of Criminal Procedure, is
39	35		amended by adding Subsection (d) to read as follows:
40	36		(d) For purposes of a hearing described by Subsection (a),
41	37		if the court that issued the capias pro fine is unavailable, the
42	38		following judicial officers may conduct the hearing:
43	39		(1) a justice of the peace or county criminal law
44	40		magistrate with jurisdiction over Class C misdemeanors who is
45	41		located in the same county as the issuing court, if the issuing
46	42		court was a justice of the peace court; or
47	43		(2) a municipal court judge who is located in the same
48	44		municipality as the issuing court, if the issuing court was a
49	45		municipal court.
50	46		SECTION 4. This Act takes effect September 1, 2015.
	47	+	______________________________ ______________________________
	48	+	President of the Senate Speaker of the House
	49	+	I hereby certify that S.B. No. 873 passed the Senate on
	50	+	April 23, 2015, by the following vote: Yeas 30, Nays 0; and that
	51	+	the Senate concurred in House amendment on May 28, 2015, by the
	52	+	following vote: Yeas 30, Nays 1.
	53	+	______________________________
	54	+	Secretary of the Senate
	55	+	I hereby certify that S.B. No. 873 passed the House, with
	56	+	amendment, on May 22, 2015, by the following vote: Yeas 140,
	57	+	Nays 0, two present not voting.
	58	+	______________________________
	59	+	Chief Clerk of the House
	60	+	Approved:
	61	+	______________________________
	62	+	Date
	63	+	______________________________
	64	+	Governor