the 85th legislature: highlights legislative process

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Prosecutors ConferenceMarch 22, 2018

The 85th Legislature:Highlights

Legislative Process

Every 2 years

140 day session

Bills must pass both chambers

Governor has 3 options

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Over 6,000 bills filed 1,211 bills passed 50 bills vetoed 1,160 new laws

Call the right play and don’t stop on the 1 Yard Line!

Security of Courts and Judges

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S.B. 42: Judge Julie Kocurek Act

5 Things to Know About S.B. 42

• OCA Judicial Security Division



• Court Security Committee

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• Court Security Officers

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In this chapter, "court security

officer" means a constable, sheriff, sheriff ’s deputy, municipal peace officer, or any other person assigned to provide security for municipal court

The commission, in consultation with the OCA, shall develop a model court security curriculum for court security officers, as required by Chapter 158, Government Code, and provide the curriculum to any training program the commission approves to provide training to court security officers.





• Civil Filing Fee

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• Civil Filing Fee

• Reporting

Security incident in or around building housing court

By 3rd Business Day

Notify OCA & Presiding Judge

Any adverse event that threatens the security of a person or property, or causes or may cause significant disruption to functions of the court due to a breach in security.

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http://www.txcourts.gov/statistics/court-security-incidents/

Records, Confidentiality, and Expunctions

5 Years: Confidentiality

all records and files and information stored by electronic means or otherwise, from which a record or file could be generated*

*HB 681

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H.B. 557: Ch. 55 Expunctions

Concurrent jurisdiction with the district courts for municipal courts of record

Fine only offenses

Arrested or where offense

(1) Trial Procedure

On acquittal, the trial court shall advise the acquitted person of the right to expunction

(2) Direct Role

Prosecutor may recommend expunction to the court before the person is tried for the offense (55.01(b)(2), CCP)

For pro se, or if state requested expunction, prosecutor shall prepare the order for the court (55.02 (Sec. 1), CCP)

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(3) Indirect Role

At the expunction hearing, the governmental entity named in the petition may be represented by the attorney responsible for providing legal representation to the entity (55.02 (Sec.2)(c-1), CCP)

H.B. 2059: Ch. 106 Expunctions

Not more than one arrest without a conviction for a TABC offense may be expunged

*see the TMCEC chart

Issue: Timing (Arrest)Any person placed under a custodial or noncustodial arrest for not more than one violation of this code while a minor and who was not convicted of the violation may apply to the court to have the records of the arrest expunged.

New law for arrest expunction under 106.12(d), CCP

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Issue: Timing (Conviction)

Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged

Existing law for conviction expunction under 106.12(a), CCP

Magistration & Municipal Regulation

S.B. 1849: The Sandra Bland Act

Law Enforcement dataLaw Enforcement trainingMental Health & Jails

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S.B. 2006: Outdoor Sign Regulations

New Class C & Fine-Only

Data Tampering Failing to Pay Tolls Forgery

Check your practice

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H.B. 1266: Continuances

New 29.035, CCP requires trial court to grant continuance on oral or written motion if ct. sets a hearing or trial without at least three business days’ notice

See: www.texassure.com

S.B. 1187: FMFR Citations

S.B. 1913/H.B. 351: Citations

information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount

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S.B. 413: Uncollectible Fees

This bill applies only to one county government.

S.B. 1911: Self Help Resources

http://www.txcourts.gov/programs-services/self-help/

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H.B. 2908: Enhanced Assault

H.B. 3223: Retired Patrol Cars

Resources

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Robby ChapmanDirector of Clerk Education & Program Attorney, TMCEC

Questions?

Funded by a grant from the Texas Courts of Criminal Appeals Revised 7/1/17

EXPUNCTIONS

JUVENILES AND MINORS

Alcoholic Beverage

Code Sec. 106.12

Health & Safety

Code Sec. 161.255

Code of Criminal

Procedure Art. 45.0541

Code of Criminal Procedure

Art. 45.0216

Offenses Purchase of Alcohol by a Minor

(Section 106.02);

Attempt to Purchase Alcohol by a

Minor (Section 106.25);

Consumption of Alcohol by a Minor

(Section 106.04);

Driving or Operating Watercraft

Under the Influence of Alcohol by

Minor (DUI) (Section 106.041);

Possession of Alcohol by a Minor

(Section 106.05); and

Misrepresentation of Age by a Minor

(Section 106.07).

Possession, Purchase,

Consumption, Or

Receipt of Cigarettes

Or Tobacco Products

By Minors Prohibited

(Section 161.252).

Failure to Attend School

(Section 25.094, E.C.)

*This offense was repealed

with the passage of HB

2398 in 2015. Prior

convictions or dismissed

charges are to be expunged

under the new Art.

45.0541.

All Penal Offenses as described by

Section 8.07(a)(4) or (5), P.C.:

Misdemeanors punishable by

fine only (Section 8.07(a)(4))

Violations of penal ordinances

of political subdivisions

(Section 8.07(a)(5))

This article applies to any fine-only

misdemeanor conviction (other than

traffic) that is not covered by a

separate expunction provision (i.e.,

A.B.C. offenses, tobacco offenses, or

Failure to Attend School as outlined

in the three columns to the left). This

will include the following:

Penal Code-Class C

misdemeanors

Education Code offenses (other

than Failure to Attend School)

Health & Safety Code offenses

(other than tobacco offenses)

City ordinance violations

Court must inform of right to

expunction in open court and give

copy of law to child and parent.

Age to Apply At least age 21. No age requirement. No application required. At least age 17.

Requirements Must have had only one conviction under

A.B.C. while a minor for an expunction of

the conviction records under 106.12(c).,

A.B.C.

Must have had only one custodial or

noncustodial arrest if not convicted for an

expunction of the arrest records under

106.12(d), A.B.C.

Multiple convictions

may be expunged, but

must have completed

tobacco awareness

program or tobacco

related community

service.

Defendant must have been

convicted of Failure to

Attend School, OR

Failure to Attend School

charges must have been

dismissed.

Only one conviction of any penal

fine-only offense described in

Section 8.07 (a)(4) or (5), P.C., while

person was a child or only one

conviction under Section 43.261,

P.C.

Also applies to dismissals of penal

offenses under Article 45.052, C.C.P.

(Teen Court) or Article 45.051,

C.C.P. (Deferred Disposition).

Court Petitioned Municipal court in which charged or

convicted.

Municipal court in

which convicted.

Petition not required.

Municipal court in which convicted.

Affidavit or Proof Sworn statement that they have had only

one conviction if seeking an expunction of

conviction records.

Sworn statement that applicant was not

arrested for a violation of the A.B.C. other

than one seeking expunged if not

convicted and seeking an expunction of

arrest records.

Sworn statement that

they have completed

tobacco awareness

program or tobacco-

related community

service.

No proof required. Courts

are responsible for

expunging records related

to convictions and

dismissals of Failure to

Attend School.

Sworn statement that they were not

convicted of any additional offense;

or for expunction of a sexting

offense, found to have engaged in

conduct indicating a need for

supervision described by Section

51.03(b)(7), F.C.

Hearing Optional Optional N/A Optional

Fee $30 fee required $30 fee required None $30 fee required

the 85th legislature: highlights legislative process

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