Recorder Vol. 20 No. 5.Indd
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Volume 20 August 2011 No. 5 © 2011 Texas Municipal Courts Education Center. Funded by a grant from the Texas Court of Criminal Appeals. INSIDE THIS ISSUE LLegislativeegislative Features Court Costs and Administrative UUpdatepdate Issues ................................................ 19 Juvenile Justice and Issues Relating to Children ....................................... 45 Magistrates Issues and Domestic Violence ........................................... 13 Ordinance and Local Government Issues ................................................ 42 Procedural Law ................................ 1 Substantive Criminal Law ................ 28 Traffi c Safety and Transportation Code Amendments ........................... 64 PROCEDURAL LAW Charts The Big Three................................... 81 Registration-Inspection-Financial — High Priority — Responsibility Requirements H.B. 27 will increase the likelihood Comparisons of Deferred Options ... 11 Subject: Compulsory Installment of defendants paying off the full Court Costs ...................................... 26 Payments of Fines and Costs by amount of the fi ne in a more effi cient Defenses to Prosecution ................... 80 Defendants Who Are Unable to Pay and timely manner. the Fines and Costs Municipal Juvenile/Minor ................ 55 New Class A and B Misdemeanors .. 41 H.B. 27 Commentary: Without the aid Effective: September 1, 2011 of the Code Construction Act New Class C/Fine-Only Offenses .... 40 (particularly, Section 311.023 of the New Punishments for Old Crimes ... 39 H.B. 27 amends Articles 42.15 and Government Code), this bill can be New Ways to Commit Old Crimes .. 39 45.041 of the Code of Criminal misinterpreted. If Article 45.041 of Passenger Restraint Laws ................ 78 Procedure by ensuring that defendants the Code of Criminal Procedure is “Probation Related,” Compliance, unable to immediately pay a fi ne and read in isolation, this amendment and Other Dismissals ....................... 85 costs are allowed to make payments can be misconstrued to mandate in specifi ed portions at designated payment plans to the exclusion of Other intervals. discharge by community service. The FY 11-12 Schedule ........................... 89 legislative history is clear; however, Index of Summaries ......................... 4 The author and the sponsor of the the language of the bill is less so. (numerical order) bill state that payment options for a This bill is not intended to impede Register Online ................................ 54 person unable to pay court fi nes and or prohibit a court from allowing a Registration Forms ........................... 90 costs are limited and that payment defendant to discharge fi nes and costs Table of Summaries ......................... 3 can easily become a heavy burden for by performing community service. (topical order) individuals with low incomes. The author and the sponsor believe that Procedural Law continued pg 5 Texas Municipal Courts Education Center About This Issue 1609 Shoal Creek Boulevard, Suite 302 Austin, Texas 78701 512.320.8274 or 800.252.3718 Fax: 512.435.6118 In the wake of historic economic hard times for the nation, the Texas 82nd www.tmcec.com Regular Legislature convened on January 11, 2011. The Texas Municipal Courts Education Center (TMCEC) tracked 796 bills, during the course of this session. Fair and Impartial Justice for All 140 days later, only 187 of the bills tracked (or 23.5 percent) became law. While there was one Special Session, it had minimal implications on municipal FY11 TMCEC Offi cers courts. Notably, this is the fi rst session in more than a decade in which no new court costs were created for municipal court cases. (In fact, one court cost was President: Stewart Milner, Arlington actually repealed!) President-Elect: Donna Starkey, Alvin 1st V.P.: Steven Williamson, Fort Worth 2nd V.P.: Robin A. Ramsay, Denton This publication contains 140 bill summaries divided into seven distinct Secretary: Hilda Cuthbertson, Bryan categories: Juvenile Justice and Issues Relating to Children; Court Costs and Treasurer: Robert C. Richter, Missouri City Administrative Issues; Ordinance and Local Government Issues; Substantive Past-President: Ed Spillane, College Station Criminal Law; Magistrate Duties and Domestic Violence; Traffi c Safety and Directors Transportation Issues; and Procedural Law. Jan Matthews, Lubbock • Ninfa Mares, Fort Worth • Brian Holman, Lewisville • Odell S. Holmes, El Paso • Kathleen Person, Temple Within each category, we have further categorized bills as high and medium • Phyllis Mathison, Bastrop • Letitia Farnie, priority. While this structure is helpful in learning changes in the law, we are Pearland • Julie Escalante, Baytown • George the fi rst to admit that any attempt at prioritization is somewhat subjective. Robinson, Yorktown Accordingly, readers are encouraged to read all of the bill summaries (regardless Staff if categorized high or medium priority) in order that you may ascertain local · Hope Lochridge, Executive Director applicability. If you prefer to read bill summaries organized numerically, rather · Ryan Kellus Turner, General Counsel & Director of Education than by topic, an alternate version of the legislative issue of The Recorder is · Mark Goodner, Program Attorney & Deputy available online at www.tmcec.com. Counsel · Cathy Riedel, Program Director The summaries contained in this publication were written during the months · Katie Tefft, Program Attorney of May, June, and July. Thus, when a summary refers to “current law,” it is · Margaret Danforth, Administrative Director · Deadra Stark, Research Assistant referring to the law prior to the day of the bill’s legislative enactment. Most · Pat Ek, Registration Coordinator amendments, except where noted, are effective September 1, 2011. · Scott Hume, Administrative Assistant · Tessa Madison, Program Coordinator TMCEC could not bring this compilation to you and maintain our educational · Crystal Peiser, Communications Assistant mission without the assistance of the State of Texas, more specifi cally, the · Jameson Crain, Multi-media Specialist · Cielito “Sky” Apolinar, Program Assistant House Research Organization (HRO), the Senate Research Center (SRC), and · Lisa Robinson, TxDOT Grant Administrator the Legislative Budget Board (LBB). While in some instances we have made · Hong Escobar, TxDOT Grant Administrator non-substantive edits and/or adaptations, the bill summaries contained in this compilation are derived from the work product of the State of Texas and the Published by the Texas Municipal Courts forenamed agencies. We are most appreciative for their efforts. Education Center through a grant from the Texas Court of Criminal Appeals. An annual subscription is available for $35. Many of the summaries are followed by commentary. The commentary is the collaborative efforts of the four TMCEC staff attorneys. Thanks to Mark Articles and items of interest not otherwise Goodner, Cathy Riedel, and Katie Tefft for their contributions. I also want to copyrighted may be reprinted with attribution as follows: “Reprinted from The thank Elizabeth Angelone and R, Christopher Baker, who both attend St. Mary’s Recorder: The Journal of Texas Municipal School of Law, Patty Thamez, Hope Lochridge, Jameson Crain, Cielito Apolinar Courts with permission from the Texas and the rest of the TMCEC staff for their commendable efforts in bringing this Municipal Courts Education Center.” information to the courts and the people of Texas. The views expressed are solely those of the authors and are not necessarily those of the Finally special thanks to the Legislative Update faculty who volunteered their TMCEC Board of Directors or of TMCEC time and energy to make the Legislative Updates a reality: Stewart Milner, staff members. Robin Ramsay, Eric Ransleben, and Ed Spillane. Your service to our courts and to TMCEC’s educational mission is much appreciated. Ryan Kellus Turner General Counsel & Director of Education, TMCEC August 26, 2011 Page 2 The Recorder August 2011 Table of Summaries Procedural Law S.B. 434.................18 H.B. 718....................32 S.B. 209...................48 High Priority S.B. 483.................18 H.B. 1123..................32 S.B. 578...................49 H.B. 27......................1 S.B. 819.................18 H.B. 1215................32 S.B. 1106..................49 H.B. 963....................5 Court Costs and H.B. 1666................33 S.B. 1241..................50 H.B. 1070..................5 Administrative Issues H.B. 1856................33 S.B. 1331; H.B. 3474 S.B. 480; H.B. 3475 High Priority H.B. 2014................33 ..................................50 ..................................6 H.B. 174.................25 H.B. 2118................34 S.B. 1489..................51 S.B. 519....................8 H.B. 984.................19 H.B. 3000................34 Medium Priority S.B. 604....................9 H.B. 1517...............19 H.B. 3396................35 H.B. 734....................52 Medium Priority H.B. 1559...............19 S.B. 24.....................35 H.B. 1907..................53 H.B. 215...................9 H.B. 1573...............20 S.B. 82.....................36 H.B. 2132..................53 H.B. 1638.................9 H.B. 1658...............20 S.B. 158...................36 S.B. 653.....................53 H.B. 2847.................9 H.B. 1771...............20 S.B. 377...................37 S.B. 1094...................54 S.B. 316..................10 H.B. 2717...............25