| 1 | 1 | | S.B. No. 415 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the court in which certain persons charged with |
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| 6 | 6 | | misdemeanors punishable by fine only may be arraigned. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subsection (b), Article 15.17, Code of Criminal |
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| 9 | 9 | | Procedure, is amended to read as follows: |
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| 10 | 10 | | (b) After an accused charged with a misdemeanor punishable |
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| 11 | 11 | | by fine only is taken before a magistrate under Subsection (a) [of |
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| 12 | 12 | | this article] and the magistrate has identified the accused with |
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| 13 | 13 | | certainty, the magistrate may release the accused without bond and |
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| 14 | 14 | | order the accused to appear at a later date for arraignment in the |
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| 15 | 15 | | applicable justice [county] court or municipal [statutory county] |
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| 16 | 16 | | court. The order must state in writing the time, date, and place of |
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| 17 | 17 | | the arraignment, and the magistrate must sign the order. The |
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| 18 | 18 | | accused shall receive a copy of the order on release. If an accused |
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| 19 | 19 | | fails to appear as required by the order, the judge of the court in |
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| 20 | 20 | | which the accused is required to appear shall issue a warrant for |
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| 21 | 21 | | the arrest of the accused. If the accused is arrested and brought |
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| 22 | 22 | | before the judge, the judge may admit the accused to bail, and in |
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| 23 | 23 | | admitting the accused to bail, the judge should set as the amount of |
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| 24 | 24 | | bail an amount double that generally set for the offense for which |
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| 25 | 25 | | the accused was arrested. This subsection does not apply to an |
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| 26 | 26 | | accused who has previously been convicted of a felony or a |
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| 27 | 27 | | misdemeanor other than a misdemeanor punishable by fine only. |
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| 28 | 28 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 29 | 29 | | ______________________________ ______________________________ |
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| 30 | 30 | | President of the Senate Speaker of the House |
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| 31 | 31 | | I hereby certify that S.B. No. 415 passed the Senate on |
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| 32 | 32 | | May 7, 2009, by the following vote: Yeas 31, Nays 0. |
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| 33 | 33 | | ______________________________ |
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| 34 | 34 | | Secretary of the Senate |
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| 35 | 35 | | I hereby certify that S.B. No. 415 passed the House on |
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| 36 | 36 | | May 26, 2009, by the following vote: Yeas 143, Nays 0, one present |
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| 37 | 37 | | not voting. |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Chief Clerk of the House |
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| 40 | 40 | | Approved: |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Date |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Governor |
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