BILL ANALYSIS C.S.H.B. 669 By: Canales Criminal Jurisprudence Committee Report (Substituted) BACKGROUND AND PURPOSE Concerned observers note the difficulty in determining the originating courts of certain court orders. C.S.H.B. 669 seeks to address this issue by requiring signed court orders to include the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 669 amends the Code of Criminal Procedure to require any signed order that is issued by a magistrate under that code or any signed order pertaining to a criminal matter that is issued by a magistrate under other state law to include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print. EFFECTIVE DATE September 1, 2017. COMPARISON OF ORIGINAL AND SUBSTITUTE While C.S.H.B. 669 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill. INTRODUCED HOUSE COMMITTEE SUBSTITUTE SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include the magistrate's name in typewritten form with the magistrate's signature. SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print. SECTION 2. The change in law made by this Act in adding Article 2.101, Code of Criminal Procedure, applies to a signed order issued by a magistrate on or after the effective date of this Act. A signed order issued by a magistrate before the effective date of this Act is governed by the law in effect on the date the order was issued, and the former law is continued in effect for that purpose. SECTION 2. Same as introduced version. SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as introduced version.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 669
By: Canales
Criminal Jurisprudence
Committee Report (Substituted)
C.S.H.B. 669
By: Canales
Criminal Jurisprudence
Committee Report (Substituted)
BACKGROUND AND PURPOSE Concerned observers note the difficulty in determining the originating courts of certain court orders. C.S.H.B. 669 seeks to address this issue by requiring signed court orders to include the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 669 amends the Code of Criminal Procedure to require any signed order that is issued by a magistrate under that code or any signed order pertaining to a criminal matter that is issued by a magistrate under other state law to include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
EFFECTIVE DATE September 1, 2017.
COMPARISON OF ORIGINAL AND SUBSTITUTE While C.S.H.B. 669 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
INTRODUCED HOUSE COMMITTEE SUBSTITUTE SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include the magistrate's name in typewritten form with the magistrate's signature. SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print. SECTION 2. The change in law made by this Act in adding Article 2.101, Code of Criminal Procedure, applies to a signed order issued by a magistrate on or after the effective date of this Act. A signed order issued by a magistrate before the effective date of this Act is governed by the law in effect on the date the order was issued, and the former law is continued in effect for that purpose. SECTION 2. Same as introduced version. SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as introduced version. INTRODUCED HOUSE COMMITTEE SUBSTITUTE SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include the magistrate's name in typewritten form with the magistrate's signature. SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print. SECTION 2. The change in law made by this Act in adding Article 2.101, Code of Criminal Procedure, applies to a signed order issued by a magistrate on or after the effective date of this Act. A signed order issued by a magistrate before the effective date of this Act is governed by the law in effect on the date the order was issued, and the former law is continued in effect for that purpose. SECTION 2. Same as introduced version. SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as introduced version.
INTRODUCED HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include the magistrate's name in typewritten form with the magistrate's signature. SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
SECTION 2. The change in law made by this Act in adding Article 2.101, Code of Criminal Procedure, applies to a signed order issued by a magistrate on or after the effective date of this Act. A signed order issued by a magistrate before the effective date of this Act is governed by the law in effect on the date the order was issued, and the former law is continued in effect for that purpose. SECTION 2. Same as introduced version.
SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as introduced version.
BACKGROUND AND PURPOSE
Concerned observers note the difficulty in determining the originating courts of certain court orders. C.S.H.B. 669 seeks to address this issue by requiring signed court orders to include the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 669 amends the Code of Criminal Procedure to require any signed order that is issued by a magistrate under that code or any signed order pertaining to a criminal matter that is issued by a magistrate under other state law to include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
EFFECTIVE DATE
September 1, 2017.
COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 669 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
INTRODUCED HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include the magistrate's name in typewritten form with the magistrate's signature. SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows: Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
SECTION 2. The change in law made by this Act in adding Article 2.101, Code of Criminal Procedure, applies to a signed order issued by a magistrate on or after the effective date of this Act. A signed order issued by a magistrate before the effective date of this Act is governed by the law in effect on the date the order was issued, and the former law is continued in effect for that purpose. SECTION 2. Same as introduced version.
SECTION 3. This Act takes effect September 1, 2017. SECTION 3. Same as introduced version.
INTRODUCED
HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows:
Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include the magistrate's name in typewritten form with the magistrate's signature.
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.101 to read as follows:
Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, Government Code, or other law of this state must include, with the magistrate's signature, the magistrate's name in legible handwriting, legible typewritten form, or legible stamp print.
SECTION 2. The change in law made by this Act in adding Article 2.101, Code of Criminal Procedure, applies to a signed order issued by a magistrate on or after the effective date of this Act. A signed order issued by a magistrate before the effective date of this Act is governed by the law in effect on the date the order was issued, and the former law is continued in effect for that purpose.
SECTION 2. Same as introduced version.
SECTION 3. This Act takes effect September 1, 2017.
SECTION 3. Same as introduced version.