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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