3/13/2018 1 Prosecutors Conference March 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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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
5 Things to Know About S.B. 42
• OCA Judicial Security Division
• Court Security Committee
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5 Things to Know About S.B. 42
• OCA Judicial Security Division
• Court Security Committee
• 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.
5 Things to Know About S.B. 42
• OCA Judicial Security Division
• Court Security Committee
• Court Security Officers
• Civil Filing Fee
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5 Things to Know About S.B. 42
• OCA Judicial Security Division
• Court Security Committee
• Court Security Officers
• 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/
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