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2021-046 Legislative Update - Municipal Court BillsDate: July 2, 2021 Report No. 2021-046 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: State Legislative Update – Municipal Court Bills BACKGROUND: Of the bills relating to Municipal Court that were tracked by the City, 10 bills passed through both houses of the legislature and were signed by the Governor. Of these, only one (1) will affect the City of Denton operations and residents in a significant way. DISCUSSION: The following are bills that will significantly affect the City of Denton municipal Court, its employees, or officers. HB 1693 – Financial Responsibility This bill: (1) authorizes a justice or municipal court to access the financial responsibility verification program to verify financial responsibility for the purpose of court proceedings; and (2) requires the costs associated with accessing the verification program to be paid out of the county treasury by order of the commissioners’ court or the municipal treasury by order of the governing body of the municipality, as applicable. As per best practices, the Presiding Judge requires that court staff verify vehicle insurance policies either for dismissal purposes or for compliance with a prior court order requiring a defendant to establish a new vehicle insurance policy. Under the current process, court staff is required to call individual insurance agents to verify if a presented insurance card was active during the dates listed on the card. Once that phone verification occurs, staff presents the case to the Judge for review. These calls often require voice messages and call backs. This bill grants access to the statewide insurance verification program. If not cost prohibitive to obtain access, the clerks would instantly verify insurance through the program, reducing required time for staff and for the defendant waiting on further instructions from the court. The bill is effective immediately. Additional Bills Requiring Only Minor Operational Changes The following affect municipal court operations, defendants, or other Court stakeholders without requiring significant operational adjustments from the City (all are effective September 1, 2021): HB 80 – Municipal Court Fines: provides, when fines and costs are being imposed on a defendant under the conservatorship of the Department of Family and Protective Services or in extended foster care, that a municipal judge: (1) may not require a defendant to pay any amount of fines and costs; and Date: July 2, 2021 Report No. 2021-046 (2) may require the defendant to perform community services to discharge fines and costs if the fines and costs are not waived. HB 569 – Misdemeanor Fines: provides, among other things, that in imposing a fine and costs in a case involving a misdemeanor punishable by a fine only, the justice or judge shall credit the defendant for any time the defendant was confined in jail or prison while serving a sentence for another offense at a rate of $150 for each day of confinement if that confinement occurred after the commission of the misdemeanor. HB 1071 – Animals in Court: allows a qualified facility dog or qualified therapy animal in certain court proceedings. HB 3774 – Municipal Court Pleas: provides, among many other things, that: a judge may not accept a plea of guilty or plea of nolo contendere from a defendant in open court unless it appears to the judge that the defendant is mentally competent, and the plea is free and voluntary. SB 49 – Defendants with Mental Illness or Intellectual Disability: provides revisions to criminal trial and sentencing procedures, including procedures for magistrates, relating to a defendant who may have a mental illness or who may be a person with an intellectual disability, makes revisions to competency restoration programs, and sets out provisions relating to outpatient treatment program participation for civilly committed individuals. CONCLUSION: Staff will continue to update Council through the Friday Report of any relevant impacts from the proposed legislation or its implementation. STAFF CONTACT: Tyler Atkinson Presiding Judge, Municipal Court Tyler.Atkinson@cityofdenton.com Jamie Lindsay Court Administrator Jamie.Lindsay@cityofdenton.com Ryan Adams Customer Service & Public Affairs Ryan.Adams@cityofdenton.com Rachel Balthrop Mendoza City Manager’s Office Rachel.Mendoza@cityofdenton.com REQUESTOR: Staff Initiated