CRIMINAL PROCEDURE 

HB 1658 REFUND OF CASH BOND Effective: 9-1-2011 Statutes Affected: CP 17.02   CASH FUNDS DEPOSITED IN LIEU OF SURETIES ARE REFUNDED TO: any person to whom a receipt was issued the defendant, if receipt issued to defendant the defendant, if no other person is able to produce a receipt

HB 1853 DISQUALIFICATION TO ACT AS SURETY Effective: 9-1-2011 Statutes Affected: CP 17.10   A PERSON IS DISQUALIFIED FROM ACTING AS SURETY IF FINALLY CONVICTED FOR: A misdemeanor involving moral turpitude A felony

HB 1070 TAKING BAIL Effective: 6-17-2011 Statutes Affected: CP 17.025   LICENSED JAILER: May take a bail bond May discharge any other powers and duties relating to bail *SURETY BOND IS NOT REQUIRED TO BE SWORN* CP 17.08

SB 0877 VERIFICATION OF INCARCERATION Effective: 5-19-2011 Statutes Affected: CP 17.16 BEFORE FORFEITURE, SURETY MAY RELIEVE UNDERTAKING BY: Surrendering defendant into custody of sheriff Delivering affidavit to sheriff and prosecuting attorney stating that defendant is incarcerated in federal, state, or Texas county custody Sheriff must verify incarceration Sheriff places detainer on defendant Surety remains liable for expenses of returning defendant

SB 1233 COUNTY JAILERS Effective: 6-17-2011 SB 0604 Effective: 9-1-2011 Statutes Affected: CP 2.31 ADDITIONAL ABILITIES: Execute process issued under CCP to jailer on person confined in the jail: Warrant Capias Subpoena Attachment and if specially trained, Capias related to bail Search warrant

SB 1378 PEACE OFFICERS Effective: 9-1-2011 Statutes Affected: CP 2.126 TRIBAL COUNCIL OF ALABAMA-COUSHATTA INDIAN TRIBE MAY EMPLOY AND COMMISSION PEACE OFFICERS On the reservation: enforce state law arrest without warrant enforce traffic laws Outside the reservation: arrest for violation of any law if summoned by another law enforcement agency to assist  

HB 2472 REPORTING CERTAIN WARRANTS Effective: 9-1-2011 Statutes Affected: CP 2.195 Issuance of felony warrants or capias following failure to appear must be reported to NCIC within 30 days of failure to appear  

HB 0215 PHOTOGRAPHIC AND LIVE LINEUPS Effective: 9-1-2011 Statutes Affected: CP 38.20 Adopt either model or agency policy based on: Credible research on eyewitness memory Best practices to reduce erroneous identification and enhance reliability Policies based on: Manner of selection of photographs Instructions given to witness before viewing lineup Documentation and preservation of results Administrator who is unaware of which participant is the suspect 

HB 0976 ISSUANCE OF WARRANT BY MAGISTRATE Effective: 6-17-2011 Statutes Affected: CP 15.03 PERSON MAY REQUEST WARRANT OR SUMMONS BY ELECTRONIC BROADCAST If defendant charged, recording kept until acquittal or appeal exhausted ELECTRONIC BROADCAST Two-way communication of image and sound Includes Internet videoconferencing  

HB 1891 EXECUTION OF SEARCH WARRANT FOR DATA ON CERTAIN DEVICES Effective: 9-1-2011 Statutes Affected: CP 18.07 Data or information in or on electronic device may be recovered and analyzed after the expiration of 3 days allowed for execution of warrant  

HB 1173 RELEASE ON BOND Effective: 9-1-2011 Statutes Affected: CP 17.033 APPLIES TO HARRIS COUNTY Persons detained in jail following arrest without a warrant must be released on bond (≤ $5,000) no later than the 36th hour (rather than 24 hours) after arrest if no determination of probable cause Release may be postponed for no more than 72 hours on application of prosecuting attorney  

HB 3000 RELEASE OF DEFENDANT CHARGED WITH CONTINUOUS TRAFFICKING OF PERSONS Effective: 9-1-2011 Statutes Affected: CP 17.03 CP 17.032 ONLY THE COURT (AND NOT A MAGISTRATE) MAY RELEASE DEFENDANT ON PERSONAL BOND INCLUDES CONTINUOUS TRAFFICKING OF PERSONS AMONG VIOLENT OFFENSES PREVENTING RELEASE ON PERSONAL BOND FOR MENTAL ILLNESS Continuous trafficking of persons – engaging in trafficking 2 or more times during 30 or more days  

HB 2014 DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND (Trafficking of Persons) Effective: 9-1-2011 Statutes Affected: CP 17.153 JUDGE OR MAGISTRATE MAY DENY DEFENDANT CHARGED WITH TRAFFICKING OF A CHILD RELEASE ON BAIL PENDING TRIAL FOR VIOLATION OF CONDITION OF BOND  

SB 0250 PROTECTIVE ORDERS - STALKING Effective: 9-1-2011 Statutes Affected: CP 7A.01 VICTIM OF STALKING – NOW INCLUDES PERSON IN DATING RELATIONSHIP MAY APPLY FOR PROTECTIVE ORDER WITHOUT THE NECESSITY OF DEFENDANT’S ARREST COURTS WITH JURISDICTION: District Court Juvenile Court Statutory County Court  

SB0179 PROTECTIVE ORDERS - PETS Effective: 9-1-2011 Statutes Affected: FA 85.021 Applies to pets, companion or assistance animals Person committing family violence prohibited from: Harming Threatening Interfering with care, custody, control Person prohibited from removing from possession COURTS WITH JURISDICTION: District - Family, Juvenile Statutory County Court  

HB 1829 EMERGENCY DETENTION; TRANSFER Effective: 9-1-2011 Statutes Affected: HS 573.012 HS 573.022 PHYSICIAN MAY PRESENT APPLICATION BY E-MAIL WITH DOCUMENT ATTACHED (PDF) MAGISTRATE MAY TRANSMIT WARRANT ELECTRONICALLY – If digital signature transmitted with document BY E-MAIL with warrant attached as PDF (signature transmitted with document) FACILITY/HOSPITAL ADMINISTRATOR MAY CONSENT TO TRANSFER TO MENTAL HOSPITAL  

HB 0167 TRANSPORTATION OF PATIENTS Effective: 9-1-2011 Statutes Affected: HS 574.0455 HS 574.045 COMMISSIONERS MAY ESTABLISH LIST OF QUALIFIED TRANSPORTATION SERVICE PROVIDERS COMMISSIONERS COURT MAY AUTHORIZE TRANSPORT OF PATIENT UNDER EDO BY, AMONG OTHERS, A QUALIFIED TRANSPORTATION SERVICE PROVIDER  

RELATING TO PROCEDURE  

HB 1573 Effective: 9-1-2011 Statutes Affected: CP 17.085 IF NO ONLINE ACCESS TO CRIMINAL CASE RECORD – CLERK REQUIRED TO POST NOTICE OF FUTURE COURT DOCKET SETTING: AS SOON AS COURT NOTIFIES CLERK OF SETTING POST IN PUBLIC PLACE IN COURTHOUSE

HB 0984 MUNICIPAL COURTS Effective: 5-19-2011 Statutes Affected: CP 4.14 GV 29.003 CONCURRENT JURISDICTION CONTIGUOUS CITIES BOUNDARIES WITHIN ½ MILE ALL CASES FOR WHICH EITHER MUNICIPALITY HAS JURISDICTION FAILURE TO ATTEND SCHOOL CASES INVOLVING SEIZURE OF CRUELLY TREATED ANIMALS

SB 1200 VENUE Effective: 9-1-2011 Statutes Affected: CP 4.12 HARRIS COUNTY JUSTICE COURTS MISDEMEANOR CASES MAY BE TRIED IN ANY PRECINCT ADJACENT TO THE PRECINCT IN WHICH THE OFFENSE WAS COMMITTED

HB 0079 LOCAL RULES OF ADMINISTRATION Effective: 1-1-2012 Statutes Affected: CP 4.12 JUSTICES OF THE PEACE IN EACH COUNTY ADOPT LOCAL RULES FOR TRANSFER OF CASES FROM ONE PRECINCT TO ANOTHER MAJORITY VOTE

SB 0578 TESTIMONY OF CHILDREN Effective: 9-1-2011 Statutes Affected: CP 38.074 CHILD: Person younger than 17 years of age who is not a defendant, who will testify in criminal proceeding Oath administered in understandable manner Questions asked in appropriate language Limit testimony to school hours No intimidation or harassment by any party Allowed to have comfort object or support person

MUST BE MADE WITHIN 5 DAYS AFTER RENDITION OF JUDGMENT SB 0519 MOTION FOR NEW TRIAL Effective: 9-1-2011 Statutes Affected: CP 45.037 MUST BE MADE WITHIN 5 DAYS (rather than 1 day) AFTER RENDITION OF JUDGMENT AND NOT AFTERWARDS

HB 0027 PAYMENT OF FINES AND COSTS Effective: 9-1-2011 Statutes Affected: CP 45.041 Applies to offenses committed on or after 9-1-2011 IF DEFENDANT UNABLE IMMEDIATELY TO PAY: JUDGE MUST ALLOW DEFENDANT TO PAY FINE AND COSTS IN SPECIFIED PORTIONS AT DESIGNATED INTERVALS

HB 1964 COMMUNITY SERVICE FOR JUVENILES HB 0350 TO DISCHARGE FINE AND COSTS Effective: 9-1-2011 Statutes Affected: CP 45.0492 Applies to offense committed on or after 9-1-2011 SPECIFICALLY APPLIES TO DEFENDANTS YOUNGER THAN 17 YEARS OF AGE HB 1964 200 hours of community service no monetary credit specified HB 0350 Offense must be committed on school property community service or tutoring not less than $50 for 8 hours

SB 1330 DEFERRED DISPOSITION Effective: 9-1-2011 Statutes Affected: CP 45.051 Applies to offense committed on or after 1-1-2012 DEFENDANT IS YOUNGER THAN 25 YEARS OF AGE OFFENSE IS MOVING VIOLATION COURT MAY REQUIRE ADDITIONAL DRIVING SAFETY COURSE 4-hour interactive course alcohol and drug awareness poor decision making, risk taking, impaired driving, distraction, speed, driving at night, using cell phones Requires written commitment

HB 1964 COMMUNITY SERVICE FOR JUVENILES HB 0350 TO DISCHARGE FINE AND COSTS Effective: 9-1-2011 Statutes Affected: CP 45.0492 Applies to offense committed on or after 9-1-2011 ALLOWS JUVENILE DEFENDANTS TO DISCHARGE COURT COSTS REQUIRED FOR DEFERRED DISPOSITION BY PERFORMING COMMUNITY SERVICE UNDER CP 45.049 OR CP 45.0492 (NEW) If programs under CP 45.057 require expenditure of government funds, programs must be approved by commissioners court or governing body of city

CHANGES REFERENCES TO TEXAS ONLINE HB 1504 TEXAS ONLINE Effective: 6-17-2011 Statutes Affected: CP 45.0511 CHANGES REFERENCES TO TEXAS ONLINE TO “STATE ELECTRONIC INTERNET PORTAL” IN DRIVING SAFETY COURSE STATUTE

HB 2717 ELECTRONIC PAYMENTS Effective: 6-17-2011 Statutes Affected: LG 132.002 COMMISSIONERS COURT MAY AUTHORIZE COUNTY OR PRECINCT OFFICER TO ACCEPT PAYMENTS BY ELECTRONIC MEANS MAY RETAIN PROCESSING FEE

SB 1521 MUNICIPAL COURT BUILDING SECURTY FUND Effective: 6-17-2011 Statutes Affected: CP 102.017 INCLUDES “WARRANT OFFICERS” AND RELATED EQUIPMENT WITHIN DEFINITION OF “SECURITY PERSONNEL, SERVICES, AND ITEMS” FOR WHICH FUND MAY BE USED

SB 0061 JUVENILE CASE MANAGER FUND Effective: 6-17-2011 Statutes Affected: CP 102.0174 ALLOWS JUVENILE CASE MANAGER FUND TO BE USED FOR: Training Travel expenses Office supplies Other necessary expenses relating to position (In addition to salary and benefits)

SB 0480 RECUSAL OF MUNICIPAL JUDGES HB 3475 Effective: 6-17-2011 Statutes Affected: GV 29.051 Verified motion stating alleged grounds for recusal Filed at least 10 days before hearing or trial Notice served on all parties Motion presented 3 days after filing Other parties may oppose or concur If motion not granted – Regional presiding judge assigns judge to hear case Hearing may be by telephone Certain assigned judges must be compensated

$0.15 court cost REPEALED SB 0001 CHILD SAFETY SEAT SYSTEM Effective: 9-28-2011 Statutes Affected: TN 545.412 $0.15 court cost REPEALED

RELATING TO COLLECTIONS  

SB 0373 OFFICE OF TREASURER Effective: 9-1-2011 Statutes Affected: CP 103.004 OFFICER MUST DEPOSIT MONEY ON OR BEFORE NEXT REGULAR BUSINESS DAY BUT NO MORE THAN 5TH BUSINESS DAY AFTER RECEIPT COMMISSIONERS NO LONGER HAVE AUTHORITY TO EXTEND DATE

HB 1426 COLLECTION OF MONEY Effective: 6-17-2011 Statutes Affected: CP 103.003 COMMISSIONERS COURT MAY COLLECT MONEY UNDER COLLECTION IMPROVEMENT PROGRAM

HB 2949 COLLECTION IMPROVEMENT PROGRAM Effective: 9-1-2011 SB 0001 Statutes Affected: CP 103.0033 “Eligible case” – a criminal case in which judgment entered OCA IS SOLELY IN CHARGE!

HB 2949 DPS FAILURE TO APPEAR PROGRAM Effective: 9-1-2011 Statutes Affected: TN 706.005 DPS FAILURE TO APPEAR PROGRAM (OMNIBASE) REQUIRES IMMEDIATE NOTIFICATION THAT THERE IS NO CAUSE TO CONTINIUE TO DENY RENEWAL OF DRIVER’S LICENSE BASED ON FAILURE TO APPAER OR FAILURE TO PAY OR SATISFY JUDGMENT

HB0588 DRIVER RESPONSIBILITY PROGRAM Effective: 9-1-2011 Statutes Affected: TN 708.157 REQUIRES DPS TO OFFER INCENTIVES FOR COMPLIANCE AND REHABILITATION REDUCTION OF SURCHARGE DECREASE IN LENGTH OF INSTALLMENT PLAN OPTION TO PAY 36 MONTH TOTAL IN ADVANCE DEFER ASSESSMENT UNTIL CONCLUSION OF DEPLOYMENT FOR MILITARY

SB 1386 REFUSAL TO REGISTER VEHICLES Effective: 9-1-2011 Statutes Affected: TN 502.185 INCLUDES “FAILURE TO APPEAR” AS A REASON TO ALLOW REFUSAL TO REGISTER VEHICLE