MAGISTRATE ISSUES

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MAGISTRATE ISSUES

• 78th Legislative Update
• 2003
• Robin A. Ramsay
• Presiding Municipal Judge
• City of Denton

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House Bill 559(Amends Art. 18.18(f) and (G)
C.C.P.)

• Procedures related to property forfeiture
• Disposition of obscene device or material
• Definition of obscene same as in Sec. 43.21 of
  the Penal Code
• All other aspects of 18.18 remain unaffected as
  to procedure for forfeiture and disposition of
  property
• Effective date Sept. 1, 2003

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House Bill 560(Amends Sec. 684.012
Transportation Code)

• Unattended vehicles parked on apartment complex
  facilities
• As well as adjacent property if vehicle obstructs
  gate, garbage, access ways, restricted parking
  areas, or in a tow away zone, and prohibits
  semi-tractor/trailers

• Provides for removal of vehicles with expired
  license or inspection certificate if provision in
  lease and only with 10 day notice
• Specifies method for providing notice to tenants
  with lease provisions

4
House Bill 1119(Amends Sec. 821.0211 Health
Safety Code)

• Provides for disposition of cruelly treated
  animals
• Defines magistrate as any officer as defined by
  Art. 2.09 of the Tx. C.C.P. with certain
  exceptions
• Specifically identifies justice and municipal
  courts as courts with jurisdiction
• Clarifies that warrant must issue within 10
  calendar days

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House Bill 1119(Amends Sec. 821.0211 Health
Safety Code)

• Substitutes the word disposition for that of
  sale
• Divests owner of ownership of the animal
  (livestock or not)
• Allows the court to order owner pay costs of
  investigation, care or costs of sale
• Provides for humane destruction of the animal
• Provides for appeal to county court or court at
  law

6
House Bill 1940(Amends Sec. 41.252(a) Government
Code)

• Addresses longevity pay for prosecutors by county
  
• Equal to 20 per month for each year of lifetime
  service
• Judges, magistrates and peace officers shall
  require payment of a 15 fee from each surety
  posting bond, not to exceed 30 for each bond
  posted
• Collecting officer must keep separate records of
  each fee collected, deposit funds into county
  treasury and remit funds collected to state
  comptroller each quarter
• 2/3 of funds deposited into felony prosecutors
  funds 1/3 deposited into fair defense account by
  state comptroller

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House Bill 2795(Amends Article 17.033 C.C.P.)

• Answers questions related to 24 and 48 hour time
  limits imposed by Art. 17.033 C.C.P.
• Specifically, time limits imposed under this
  article do not apply to an arrested person taken
  to a hospital, clinic or other medical facility.
• Time limits begin to run at the time physician or
  other medical professional releases person from
  hospital according to facility records
• Effective date Immediately

8
Senate Bill 433(Amends Title 1, C.C.P. to add
Chapter 7A)

• Provides for the issuance of Protective Orders
  for victims of sexual assault
• Amends Title 4 Family Code to extent it applies
• Allows a victim as defined by Sec. 22.011 or
  22.021 Penal Code to request issuance of
  protective order
• Order may issue regardless of relationship
  between assailant and victim
• Requires specific warnings, notice and hearing
• No direct reference to Magistrates Emergency
  Protective Orders under Art. 17.292 of the Tx.
  C.C.P.

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Senate Bill 1145(Amends Subsec. (a), Sec.
533.108 Health Safety Code)

• A local MHMR authority may prioritize funding to
  provide for services to incarcerated population,
  including substance abuse, including
• - screening
• - inpatient and medications services
• - short term residential and shelter services
• - co-occurring substance abuse services
• - specialized training of law enforcement or
  court personnel
• Local MHMR must coordinate with other local
  resources
• Local MHMR must have plan approved by the
  Department

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House Bill 297(Amends Art. 17.292 C.C.P.)

• Resolves issues regarding effect and duration of
  a magistrates order for emergency protection
  (MOEP)
• If a protective order issued under either Ch. 83
  or 85 of the Family Code by a District Court
  conflict with those of a MOEP issued by a
  magistrate, the provisions of the orders issued
  by the District Court prevail
• The magistrate issuing a MOEP may modify the
  terms of their order, upon notice to all parties
  and after hearing with specific findings of fact
• MOEP may, after notice and hearing be transferred
  to a court assuming jurisdiction

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HOUSE BILL 13(Amends Art. 15.26 C.C.P.)

• All arrest warrants and supporting affidavits are
  public information
• Clerk shall make all warrants and affidavits
  available for public inspection in the clerks
  office during normal business hours
• Clerk must provide copies upon payment of costs
• Effective Immediately

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