Texas Senate Bill SB413

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/28/09
• Voted on by Senate: 5/7/09
• Out of House Committee: 5/18/09
• Voted on by House: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/27/09
• Passed: 6/19/09

Caption

Relating to the prosecution of a Class C misdemeanor offense for which the defendant does not appear.

Impact

The bill proposes significant changes regarding how non-appearances in Class C misdemeanor cases are processed in Texas. It effectively streamlines the prosecution process by allowing the prosecution to proceed without the need for a sworn complaint if the defendant waives this requirement in writing. This amendment appears aimed at reducing the burden on courts and speeding up the judicial process for lesser offenses by prioritizing efficiency and reducing administrative delays.

Summary

SB413, titled 'An Act Relating to the Prosecution of a Class C Misdemeanor Offense for Which the Defendant Does Not Appear', addresses the procedural requirements during the prosecution of Class C misdemeanor offenses specifically when a defendant fails to appear in court. The bill amends Article 27.14(d) of the Texas Code of Criminal Procedure to establish that when a written notice of an allowed offense is duly prepared and delivered, this notice serves as a complaint allowing the defendant to plead. In essence, the bill enhances the clarity of the process surrounding misdemeanor prosecutions, making it explicitly easier to handle non-appearances.

Contention

While the bill seems designed to facilitate the timely processing of misdemeanor cases, it may raise concerns regarding the rights of defendants. Opponents could argue that such changes could potentially undermine due process, as defendants might not fully understand their rights when faced with the option to waive the sworn complaint. The nuances of what constitutes an informed waiver could come into question, particularly for those without legal representation.

Interpretation

Overall, SB413 is a legislative attempt to refine the procedural handling of misdemeanors and improve court efficiency, but it must balance this goal with the necessity of protecting defendants' rights and ensuring they are fully informed and agree to the waiver of certain procedural protections before their cases proceed.