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
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