Bill Amendment: TX HB1383 | 2023-2024 | 88th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to procedures in a criminal case after a defendant is found competent to stand trial and to consequences arising from certain violations of those procedures.

Status: 2023-05-05 - Referred to Criminal Justice [HB1383 Detail]

Download: Texas-2023-HB1383-House_Amendment_H_2_1-Rose.html

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Amend HB 1383 (house committee printing) as follows:

(1)  Strike SECTION 3 of the bill (page 2, lines 5-10).

(2)  On page 3, strike lines 1-3 and substitute the following:

(2)  a complaint alleging a judge failed to give preference to a criminal action described by Section 23.101(a)(2)(F) as required by that section.

(3)  Add the following appropriately numbered SECTION to the bill and renumber the SECTIONS of the bill accordingly:

SECTION ____.  Section 23.101(a), Government Code, is amended to read as follows:

(a)  Except as provided by Subsection (b-1), the trial courts of this state shall regularly and frequently set hearings and trials of pending matters, giving preference to hearings and trials of the following:

(1)  temporary injunctions;

(2)  criminal actions, with the following actions given preference over other criminal actions:

(A)  criminal actions against defendants who are detained in jail pending trial;

(B)  criminal actions involving a charge that a person committed an act of family violence, as defined by Section 71.004, Family Code;

(C)  an offense under:

(i)  Section 21.02 or 21.11, Penal Code;

(ii)  Chapter 22, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iii)  Section 25.02, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iv)  Section 25.06, Penal Code;

(v)  Section 43.25, Penal Code; or

(vi)  Section 20A.02(a)(7), 20A.02(a)(8), or 20A.03, Penal Code;

(D)  an offense described by Article 62.001(6)(C) or (D), Code of Criminal Procedure; [and]

(E)  criminal actions against persons who are detained as provided by Section 51.12, Family Code, after transfer for prosecution in criminal court under Section 54.02, Family Code; and

(F)  criminal actions in which a defendant is found competent to stand trial under Article 46B.084, Code of Criminal Procedure;

(3)  election contests and suits under the Election Code;

(4)  orders for the protection of the family under Subtitle B, Title 4, Family Code;

(5)  appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims and claims under the Federal Employers' Liability Act and the Jones Act;

(6)  appeals of final orders of the commissioner of the General Land Office under Section 51.3021, Natural Resources Code;

(7)  actions in which the claimant has been diagnosed with malignant mesothelioma, other malignant asbestos-related cancer, malignant silica-related cancer, or acute silicosis; and

(8)  appeals brought under Section 42.01 or 42.015, Tax Code, of orders of appraisal review boards of appraisal districts established for counties with a population of less than 175,000.

(4)  On page 3, line 4, strike ", 26.05, and 46B.084" and substitute "and 26.05".