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