1-1 By: Tallas (Senate Sponsor - Brown) H.B. No. 521 1-2 (In the Senate - Received from the House April 7, 1993; 1-3 April 13, 1993, read first time and referred to Committee on 1-4 Criminal Justice; April 28, 1993, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; April 28, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Whitmire x 1-9 Brown x 1-10 Nelson x 1-11 Sibley x 1-12 Sims x 1-13 Turner x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to the forfeiture of a bond in satisfaction of a fine and 1-18 costs in a misdemeanor case punishable by fine only. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Chapter 45, Code of Criminal Procedure, is 1-21 amended by adding Article 45.231 to read as follows: 1-22 Art. 45.231. FORFEITURE OF BOND IN SATISFACTION OF FINE. 1-23 (a) A justice may enter a judgment of conviction and forfeit a 1-24 cash bond posted by the defendant in satisfaction of the 1-25 defendant's fine and cost if the defendant: 1-26 (1) has entered a written and signed plea of nolo 1-27 contendere and a waiver of jury trial; and 1-28 (2) fails to appear according to the terms of the 1-29 defendant's release. 1-30 (b) A justice who enters a judgment of conviction and 1-31 forfeiture under Subsection (a) of this article shall immediately 1-32 notify the defendant in writing, by regular mail addressed to the 1-33 defendant at the defendant's last known address, that: 1-34 (1) a judgment of conviction and forfeiture of bond 1-35 was entered against the defendant on a date certain and the 1-36 forfeiture satisfies the defendant's fine and costs in the case; 1-37 and 1-38 (2) the defendant has a right to a new trial in the 1-39 case if the defendant applies for the new trial not later than the 1-40 10th day after the date of judgment and forfeiture. 1-41 (c) Notwithstanding Article 45.45 of this code, the 1-42 defendant may apply for a new trial within the period provided by 1-43 Subsection (b) of this article, and the court shall grant the 1-44 application if the application is made within the period. On the 1-45 new trial, the court shall permit the defendant to withdraw the 1-46 previously entered plea of nolo contendere and waiver of jury 1-47 trial. 1-48 SECTION 2. The importance of this legislation and the 1-49 crowded condition of the calendars in both houses create an 1-50 emergency and an imperative public necessity that the 1-51 constitutional rule requiring bills to be read on three several 1-52 days in each house be suspended, and this rule is hereby suspended, 1-53 and that this Act take effect and be in force from and after its 1-54 passage, and it is so enacted. 1-55 * * * * * 1-56 Austin, 1-57 Texas 1-58 April 28, 1993 1-59 Hon. Bob Bullock 1-60 President of the Senate 1-61 Sir: 1-62 We, your Committee on Criminal Justice to which was referred H.B. 1-63 No. 521, have had the same under consideration, and I am instructed 1-64 to report it back to the Senate with the recommendation that it do 1-65 pass and be printed. 1-66 Whitmire, 1-67 Chairman 1-68 * * * * * 2-1 WITNESSES 2-2 FOR AGAINST ON 2-3 ___________________________________________________________________ 2-4 Name: John Williams x 2-5 Representing: Justice of Peace/Constable As 2-6 City: Robstown 2-7 -------------------------------------------------------------------