| 1 | 1 | | By: RodrÃguez S.B. No. 1401 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a procedure in a justice or municipal court for |
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| 7 | 7 | | rendering certain judgments and sentences. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 45.041, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subsection (e) to read as follows: |
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| 11 | 11 | | (e)(1) This subsection applies only to a criminal action in |
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| 12 | 12 | | which the defendant enters a plea of guilty or nolo contendere in a |
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| 13 | 13 | | misdemeanor case punishable by fine only. |
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| 14 | 14 | | (2) A criminal action described by Subdivision (1) is |
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| 15 | 15 | | considered adjudicated for purposes of appeal and the judgment and |
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| 16 | 16 | | sentence in the action is considered rendered if: |
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| 17 | 17 | | (A) the defendant enters a plea of guilty or nolo |
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| 18 | 18 | | contendere and pays the amount of the fine and costs owed to the |
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| 19 | 19 | | state; |
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| 20 | 20 | | (B) the court accepts the defendant's payment as |
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| 21 | 21 | | payment in full for the amount owed; and |
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| 22 | 22 | | (C) the court creates a record of the acceptance |
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| 23 | 23 | | of the defendant's plea and payment, regardless of the form of the |
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| 24 | 24 | | record or whether the record contains the justice's or judge's |
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| 25 | 25 | | signature. |
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| 26 | 26 | | SECTION 2. (a) Article 45.041(e), Code of Criminal |
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| 27 | 27 | | Procedure, as added by this Act, applies to a criminal action |
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| 28 | 28 | | commenced in a justice or municipal court before, on, or after the |
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| 29 | 29 | | effective date of this Act. |
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| 30 | 30 | | (b) The addition by this Act of Article 45.041(e), Code of |
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| 31 | 31 | | Criminal Procedure, is intended to clarify rather than change the |
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| 32 | 32 | | existing law. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2019. |
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