| 1 | 1 | | 81R9838 SJM-F |
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| 2 | 2 | | By: Miklos H.B. No. 1544 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to court proceedings for a plea of guilty or nolo |
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| 8 | 8 | | contendere for a misdemeanor punishable by fine only. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 27.14(b), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) A defendant charged with a misdemeanor for which the |
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| 13 | 13 | | maximum possible punishment is by fine only may, in lieu of the |
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| 14 | 14 | | method provided in Subsection (a) of this article, mail or deliver |
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| 15 | 15 | | in person to the court a plea of "guilty" or a plea of "nolo |
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| 16 | 16 | | contendere" and a waiver of jury trial. The defendant may also |
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| 17 | 17 | | request in writing that the court notify the defendant, at the |
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| 18 | 18 | | address stated in the request, of the amount of an appeal bond that |
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| 19 | 19 | | the court will approve. If the defendant mails or delivers in |
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| 20 | 20 | | person to the court [receives] a plea of "guilty" or "nolo |
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| 21 | 21 | | contendere" and a waiver of jury trial before the date on which the |
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| 22 | 22 | | trial on the merits commences [time the defendant is scheduled to |
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| 23 | 23 | | appear in court], the court shall dispose of the case without |
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| 24 | 24 | | requiring any additional [a] court appearance by the defendant. |
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| 25 | 25 | | The court shall notify the defendant either in person or by |
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| 26 | 26 | | certified mail, return receipt requested, of the amount of any fine |
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| 27 | 27 | | assessed in the case and, if requested by the defendant, the amount |
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| 28 | 28 | | of an appeal bond that the court will approve. The defendant shall |
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| 29 | 29 | | pay any fine assessed or give an appeal bond in the amount stated in |
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| 30 | 30 | | the notice before the 31st day after receiving the notice. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect at the time the offense was committed, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. For |
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| 36 | 36 | | purposes of this section, an offense was committed before the |
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| 37 | 37 | | effective date of this Act if any element of the offense occurred |
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| 38 | 38 | | before that date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2009. |
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