Bill Text: TX HB1712 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the inclusion of a magistrate's name on certain signed orders.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB1712 Detail]
Download: Texas-2023-HB1712-Enrolled.html
| H.B. No. 1712 | ||
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| relating to the inclusion of a magistrate's name on certain signed | ||
| orders. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.101 to read as follows: | ||
| Art. 2.101. MAGISTRATE'S NAME ON SIGNED ORDER. (a) Any | ||
| signed order that is issued by a magistrate under this code or any | ||
| signed order pertaining to a criminal matter that is issued by a | ||
| magistrate under the Family Code, the Government Code, or other law | ||
| of this state must include, with the magistrate's signature, the | ||
| magistrate's name in legible handwriting, legible typewritten | ||
| form, or legible stamp print. | ||
| (b) The failure of a magistrate to include the magistrate's | ||
| name on an order as provided by Subsection (a) does not affect the | ||
| validity of the order. | ||
| (c) A defendant in a criminal action may make a motion to add | ||
| to an order that does not comply with Subsection (a) the name of the | ||
| magistrate who signed the order if: | ||
| (1) the order is relevant to the action; and | ||
| (2) the defendant is unable to identify the magistrate | ||
| who signed the order. | ||
| (d) The supreme court may adopt rules to implement this | ||
| article. | ||
| SECTION 2. The change in law made by this Act in adding | ||
| Article 2.101, Code of Criminal Procedure, applies to a signed | ||
| order issued by a magistrate on or after the effective date of this | ||
| Act. A signed order issued by a magistrate before the effective | ||
| date of this Act is governed by the law in effect on the date the | ||
| order was issued, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1712 was passed by the House on April | ||
| 20, 2023, by the following vote: Yeas 144, Nays 2, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1712 on May 19, 2023, by the following vote: Yeas 141, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1712 was passed by the Senate, with | ||
| amendments, on May 16, 2023, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
