| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 86R1706 JCG-D | |
| 2 | 2 | By: Moody H.B. No. 1319 | |
| 3 | - | Substitute the following for H.B. No. 1319: | |
| 4 | - | By: Murr C.S.H.B. No. 1319 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to a procedure in a justice or municipal court for | |
| 10 | 8 | rendering certain judgments and sentences. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Article 45.041, Code of Criminal Procedure, is | |
| 13 | 11 | amended by adding Subsection (e) to read as follows: | |
| 14 | 12 | (e)(1) This subsection applies only to a criminal action in | |
| 15 | 13 | which the defendant enters a plea of guilty or nolo contendere in a | |
| 16 | 14 | misdemeanor case punishable by fine only. | |
| 17 | 15 | (2) A criminal action described by Subdivision (1) is | |
| 18 | - | considered adjudicated for purposes of appeal | |
| 19 | - | sentence in the action is considered rendered | |
| 16 | + | considered adjudicated for purposes of appeal and the judgment and | |
| 17 | + | sentence in the action is considered rendered if: | |
| 20 | 18 | (A) the defendant enters a plea of guilty or nolo | |
| 21 | 19 | contendere and pays the amount of the fine and costs owed to the | |
| 22 | 20 | state; | |
| 23 | - | (B) the court accepts the defendant's payment as | |
| 24 | - | payment in full for the amount owed; and | |
| 21 | + | (B) the court finds the defendant guilty and | |
| 22 | + | accepts the defendant's payment as payment in full for the amount | |
| 23 | + | owed; and | |
| 25 | 24 | (C) the court creates a record of the acceptance | |
| 26 | - | of the defendant's plea and payment, | |
| 27 | - | record or whether the record contains | |
| 28 | - | signature. | |
| 25 | + | of the court's finding and the defendant's plea and payment, | |
| 26 | + | regardless of the form of the record or whether the record contains | |
| 27 | + | the justice's or judge's signature. | |
| 29 | 28 | SECTION 2. (a) Article 45.041(e), Code of Criminal | |
| 30 | 29 | Procedure, as added by this Act, applies to a criminal action | |
| 31 | 30 | commenced in a justice or municipal court before, on, or after the | |
| 32 | 31 | effective date of this Act. | |
| 33 | 32 | (b) The addition by this Act of Article 45.041(e), Code of | |
| 34 | 33 | Criminal Procedure, is intended to clarify rather than change the | |
| 35 | 34 | existing law. | |
| 36 | 35 | SECTION 3. This Act takes effect immediately if it receives | |
| 37 | 36 | a vote of two-thirds of all the members elected to each house, as | |
| 38 | 37 | provided by Section 39, Article III, Texas Constitution. If this | |
| 39 | 38 | Act does not receive the vote necessary for immediate effect, this | |
| 40 | 39 | Act takes effect September 1, 2019. |