| 1 | 1 | | H.B. No. 1712 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the inclusion of a magistrate's name on certain signed |
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| 6 | 6 | | orders. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by adding Article 2.101 to read as follows: |
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| 10 | 10 | | Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. (a) Any |
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| 11 | 11 | | signed order that is issued by a magistrate under this code or any |
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| 12 | 12 | | signed order pertaining to a criminal matter that is issued by a |
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| 13 | 13 | | magistrate under the Family Code, the Government Code, or other law |
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| 14 | 14 | | of this state must include, with the magistrate's signature, the |
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| 15 | 15 | | magistrate's name in legible handwriting, legible typewritten |
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| 16 | 16 | | form, or legible stamp print. |
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| 17 | 17 | | (b) The failure of a magistrate to include the magistrate's |
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| 18 | 18 | | name on an order as provided by Subsection (a) does not affect the |
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| 19 | 19 | | validity of the order. |
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| 20 | 20 | | (c) A defendant in a criminal action may make a motion to add |
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| 21 | 21 | | to an order that does not comply with Subsection (a) the name of the |
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| 22 | 22 | | magistrate who signed the order if: |
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| 23 | 23 | | (1) the order is relevant to the action; and |
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| 24 | 24 | | (2) the defendant is unable to identify the magistrate |
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| 25 | 25 | | who signed the order. |
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| 26 | 26 | | (d) The supreme court may adopt rules to implement this |
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| 27 | 27 | | article. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act in adding |
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| 29 | 29 | | Article 2.101, Code of Criminal Procedure, applies to a signed |
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| 30 | 30 | | order issued by a magistrate on or after the effective date of this |
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| 31 | 31 | | Act. A signed order issued by a magistrate before the effective |
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| 32 | 32 | | date of this Act is governed by the law in effect on the date the |
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| 33 | 33 | | order was issued, and the former law is continued in effect for that |
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| 34 | 34 | | purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 36 | 36 | | ______________________________ ______________________________ |
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| 37 | 37 | | President of the Senate Speaker of the House |
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| 38 | 38 | | I certify that H.B. No. 1712 was passed by the House on April |
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| 39 | 39 | | 20, 2023, by the following vote: Yeas 144, Nays 2, 2 present, not |
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| 40 | 40 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 41 | 41 | | No. 1712 on May 19, 2023, by the following vote: Yeas 141, Nays 0, |
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| 42 | 42 | | 2 present, not voting. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Chief Clerk of the House |
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| 45 | 45 | | I certify that H.B. No. 1712 was passed by the Senate, with |
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| 46 | 46 | | amendments, on May 16, 2023, by the following vote: Yeas 31, Nays |
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| 47 | 47 | | 0. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Secretary of the Senate |
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| 50 | 50 | | APPROVED: __________________ |
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| 51 | 51 | | Date |
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| 52 | 52 | | __________________ |
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| 53 | 53 | | Governor |
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