By: Canales (Senate Sponsor - Alvarado) H.B. No. 1712
(In the Senate - Received from the House April 24, 2023;
April 24, 2023, read first time and referred to Committee on State
Affairs; May 12, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 12, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1712 By: Hughes
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
PaxtonX
BettencourtX
BirdwellX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PerryX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of a magistrate's name on certain signed
orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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. (a) 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, the 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.
(b) The failure of a magistrate to include the magistrate's
name on an order as provided by Subsection (a) does not affect the
validity of the order.
(c) A defendant in a criminal action may make a motion to add
to an order that does not comply with Subsection (a) the name of the
magistrate who signed the order if:
(1) the order is relevant to the action; and
(2) the defendant is unable to identify the magistrate
who signed the order.
(d) The supreme court may adopt rules to implement this
article.
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 3. This Act takes effect September 1, 2023.
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