| 1 | 1 | | S.B. No. 413 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the prosecution of a Class C misdemeanor offense for |
|---|
| 6 | 6 | | which the defendant does not appear. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Subsection (d), Article 27.14, Code of Criminal |
|---|
| 9 | 9 | | Procedure, is amended to read as follows: |
|---|
| 10 | 10 | | (d) If written notice of an offense for which maximum |
|---|
| 11 | 11 | | possible punishment is by fine only or of a violation relating to |
|---|
| 12 | 12 | | the manner, time, and place of parking has been prepared, |
|---|
| 13 | 13 | | delivered, and filed with the court and a legible duplicate copy has |
|---|
| 14 | 14 | | been given to the defendant, the written notice serves as a |
|---|
| 15 | 15 | | complaint to which the defendant may plead "guilty," "not guilty," |
|---|
| 16 | 16 | | or "nolo contendere." If the defendant pleads "not guilty" to the |
|---|
| 17 | 17 | | offense or fails to appear based on the written notice, a complaint |
|---|
| 18 | 18 | | shall be filed that conforms to the requirements of Chapter 45 of |
|---|
| 19 | 19 | | this code, and that complaint serves as an original complaint. A |
|---|
| 20 | 20 | | defendant may waive the filing of a sworn complaint and elect that |
|---|
| 21 | 21 | | the prosecution proceed on the written notice of the charged |
|---|
| 22 | 22 | | offense if the defendant agrees in writing with the prosecution, |
|---|
| 23 | 23 | | signs the agreement, and files it with the court. |
|---|
| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 25 | 25 | | to the prosecution of an offense committed on or after the effective |
|---|
| 26 | 26 | | date of this Act. The prosecution of an offense committed before |
|---|
| 27 | 27 | | the effective date of this Act is covered by the law in effect at the |
|---|
| 28 | 28 | | time the offense was committed, and the former law is continued in |
|---|
| 29 | 29 | | effect for that purpose. For purposes of this section, an offense |
|---|
| 30 | 30 | | was committed before the effective date of this Act if any element |
|---|
| 31 | 31 | | of the offense occurred before that date. |
|---|
| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|
| 33 | 33 | | ______________________________ ______________________________ |
|---|
| 34 | 34 | | President of the Senate Speaker of the House |
|---|
| 35 | 35 | | I hereby certify that S.B. No. 413 passed the Senate on |
|---|
| 36 | 36 | | May 7, 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 37 | 37 | | ______________________________ |
|---|
| 38 | 38 | | Secretary of the Senate |
|---|
| 39 | 39 | | I hereby certify that S.B. No. 413 passed the House on |
|---|
| 40 | 40 | | May 26, 2009, by the following vote: Yeas 144, Nays 0, one |
|---|
| 41 | 41 | | present not voting. |
|---|
| 42 | 42 | | ______________________________ |
|---|
| 43 | 43 | | Chief Clerk of the House |
|---|
| 44 | 44 | | Approved: |
|---|
| 45 | 45 | | ______________________________ |
|---|
| 46 | 46 | | Date |
|---|
| 47 | 47 | | ______________________________ |
|---|
| 48 | 48 | | Governor |
|---|