Texas 2023 - 88th Regular

Texas House Bill HB1712

Filed
1/26/23  
Out of House Committee
4/10/23  
Voted on by House
4/20/23  
Out of Senate Committee
5/12/23  
Voted on by Senate
5/16/23  
Governor Action
6/9/23  

Caption

Relating to the inclusion of a magistrate's name on certain signed orders.

Impact

The passage of HB1712 is expected to improve the identification of magistrates responsible for issuing court orders, which could aid defendants in understanding the judicial decisions affecting their cases. This greater transparency is viewed positively, particularly for individuals receiving important legal documents such as search warrants or divorce decrees, fostering trust in the judicial process. Moreover, the bill aligns with ongoing efforts to modernize judicial procedures and improve clarity in legal communications.

Summary

House Bill 1712 seeks to enhance transparency in the judicial process by requiring that all signed orders from magistrates include the full name of the magistrate in a legible format, either in handwriting, typewritten form, or stamp print. The bill amends the Code of Criminal Procedure, clarifying what constitutes acceptable documentation of a magistrate's signature. Specifically, it emphasizes that orders without a legible magistrate’s name are still legally valid, thereby ensuring that the lack of clarity in signatures does not invalidate essential court orders.

Sentiment

The sentiment surrounding HB1712 has been largely favorable, reflecting a broad consensus on the need for transparency in the legal system. Advocates, including representatives from legal associations, support the measure's intent to foster accountability within the judiciary. The positive reception of the bill in committee and during its voting reflects a commitment to enhancing public confidence in legal processes, though the acknowledgment that the existing orders would remain valid even without legible names may have mitigated concerns about potential challenges to past rulings.

Contention

While there is an overall positive sentiment, some points of contention have emerged regarding the bill's implementation. Concerns were raised by a few members about the practical implications of the requirement for legibility and how it might affect the workload of magistrates. Furthermore, while the bill specifies that the absence of a legible signature does not invalidate an order, critics have pointed out that it might still lead to confusion in the courtroom or among defendants who may struggle to identify the responsible magistrate without clear identification.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB669

Relating to the inclusion of a magistrate's name on certain signed orders.

TX HB212

Relating to the inclusion of a magistrate's name on certain signed orders.

TX HB93

Relating to the inclusion of a magistrate's name on certain signed orders.

Similar Bills

No similar bills found.