H.B. No. 521
1-1 AN ACT
1-2 relating to the forfeiture of a bond in satisfaction of a fine and
1-3 costs in a misdemeanor case punishable by fine only.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 45, Code of Criminal Procedure, is
1-6 amended by adding Article 45.231 to read as follows:
1-7 Art. 45.231. FORFEITURE OF BOND IN SATISFACTION OF FINE.
1-8 (a) A justice may enter a judgment of conviction and forfeit a
1-9 cash bond posted by the defendant in satisfaction of the
1-10 defendant's fine and cost if the defendant:
1-11 (1) has entered a written and signed plea of nolo
1-12 contendere and a waiver of jury trial; and
1-13 (2) fails to appear according to the terms of the
1-14 defendant's release.
1-15 (b) A justice who enters a judgment of conviction and
1-16 forfeiture under Subsection (a) of this article shall immediately
1-17 notify the defendant in writing, by regular mail addressed to the
1-18 defendant at the defendant's last known address, that:
1-19 (1) a judgment of conviction and forfeiture of bond
1-20 was entered against the defendant on a date certain and the
1-21 forfeiture satisfies the defendant's fine and costs in the case;
1-22 and
1-23 (2) the defendant has a right to a new trial in the
1-24 case if the defendant applies for the new trial not later than the
2-1 10th day after the date of judgment and forfeiture.
2-2 (c) Notwithstanding Article 45.45 of this code, the
2-3 defendant may apply for a new trial within the period provided by
2-4 Subsection (b) of this article, and the court shall grant the
2-5 application if the application is made within the period. On the
2-6 new trial, the court shall permit the defendant to withdraw the
2-7 previously entered plea of nolo contendere and waiver of jury
2-8 trial.
2-9 SECTION 2. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.