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CRIMINAL PROCEDURE .

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Presentation on theme: "CRIMINAL PROCEDURE ."— Presentation transcript:

1 CRIMINAL PROCEDURE 

2 HB REFUND OF CASH BOND Effective: 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

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

4 HB TAKING BAIL Effective: Statutes Affected: CP 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

5 SB 0877 VERIFICATION OF INCARCERATION
Effective: 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

6 SB COUNTY JAILERS Effective: SB 0604 Effective: 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

7 SB PEACE OFFICERS Effective: 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

8 HB 2472 REPORTING CERTAIN WARRANTS
Effective: 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

9 HB 0215 PHOTOGRAPHIC AND LIVE LINEUPS
Effective: 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 

10 HB 0976 ISSUANCE OF WARRANT BY MAGISTRATE
Effective: 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

11 HB 1891 EXECUTION OF SEARCH WARRANT FOR DATA ON CERTAIN DEVICES Effective: 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

12 HB RELEASE ON BOND Effective: Statutes Affected: CP 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

13 HB 3000 RELEASE OF DEFENDANT CHARGED WITH CONTINUOUS TRAFFICKING OF PERSONS Effective: Statutes Affected: CP CP 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

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

15 SB 0250 PROTECTIVE ORDERS - STALKING
Effective: 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

16 SB0179 PROTECTIVE ORDERS - PETS
Effective: Statutes Affected: FA 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

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

18 HB 0167 TRANSPORTATION OF PATIENTS
Effective: Statutes Affected: HS HS 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

19 RELATING TO PROCEDURE

20 HB 1573 Effective: Statutes Affected: CP 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

21 HB MUNICIPAL COURTS Effective: Statutes Affected: CP 4.14 GV 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

22 SB VENUE Effective: 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

23 HB 0079 LOCAL RULES OF ADMINISTRATION
Effective: 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

24 SB 0578 TESTIMONY OF CHILDREN
Effective: Statutes Affected: CP 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

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

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

27 HB 1964 COMMUNITY SERVICE FOR JUVENILES
HB TO DISCHARGE FINE AND COSTS Effective: Statutes Affected: CP Applies to offense committed on or after 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

28 SB 1330 DEFERRED DISPOSITION
Effective: Statutes Affected: CP Applies to offense committed on or after 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

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

30 CHANGES REFERENCES TO TEXAS ONLINE
HB TEXAS ONLINE Effective: Statutes Affected: CP CHANGES REFERENCES TO TEXAS ONLINE TO “STATE ELECTRONIC INTERNET PORTAL” IN DRIVING SAFETY COURSE STATUTE

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

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

33 SB 0061 JUVENILE CASE MANAGER FUND
Effective: Statutes Affected: CP 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)

34 SB 0480 RECUSAL OF MUNICIPAL JUDGES
HB 3475 Effective: Statutes Affected: GV 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

35 $0.15 court cost REPEALED SB 0001 CHILD SAFETY SEAT SYSTEM
Effective: Statutes Affected: TN $0.15 court cost REPEALED

36 RELATING TO COLLECTIONS

37 SB OFFICE OF TREASURER Effective: Statutes Affected: CP 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

38 HB COLLECTION OF MONEY Effective: Statutes Affected: CP COMMISSIONERS COURT MAY COLLECT MONEY UNDER COLLECTION IMPROVEMENT PROGRAM

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

40 HB 2949 DPS FAILURE TO APPEAR PROGRAM
Effective: Statutes Affected: TN 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

41 HB0588 DRIVER RESPONSIBILITY PROGRAM
Effective: Statutes Affected: TN 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

42 SB 1386 REFUSAL TO REGISTER VEHICLES
Effective: Statutes Affected: TN INCLUDES “FAILURE TO APPEAR” AS A REASON TO ALLOW REFUSAL TO REGISTER VEHICLE


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