By: Shelley S.B. No. 256
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a plea of guilty or nolo contendere in a misdemeanor
1-2 case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (b), (c), and (d), Article 27.14,
1-5 Code of Criminal Procedure, are amended to read as follows:
1-6 (b) A defendant charged with a misdemeanor for which the
1-7 maximum possible punishment is by fine only may, in lieu of the
1-8 method provided in Subsection (a) of this article, mail or deliver
1-9 in person to the court a plea of "guilty" or a plea of "nolo
1-10 contendere" and a waiver of jury trial. The defendant may also
1-11 request in writing that the court notify the defendant, at the
1-12 address stated in the request, of the amount of an appeal bond that
1-13 the court will approve. If the court receives a plea and waiver
1-14 before the time the defendant is scheduled to appear in court, the
1-15 court shall dispose of the case without requiring a court
1-16 appearance by the defendant. The court shall notify the defendant
1-17 either in person or by certified mail, return receipt requested, of
1-18 the amount of any fine assessed in the case and, if requested by
1-19 the defendant, the amount of an appeal bond that the court will
1-20 approve. The defendant shall pay any fine assessed or give an
1-21 appeal bond in the amount stated in the notice before the 31st day
1-22 after receiving the notice.
1-23 (c) In a misdemeanor case <arising out of a moving traffic
1-24 violation> for which the maximum possible punishment is by fine
2-1 only, payment of a fine, or an amount accepted by the court
2-2 constitutes a finding of guilty in open court, as though a plea of
2-3 nolo contendere had been entered by the defendant.
2-4 (d) If written notice of an offense <a traffic violation>
2-5 for which maximum possible punishment is by fine only or of a
2-6 violation relating to the manner, time, and place of parking has
2-7 been prepared, delivered, and filed with the court and a legible
2-8 duplicate copy has been given to the defendant, the written notice
2-9 <duplicate copy> serves as a complaint to which the defendant may
2-10 plead "guilty," "not guilty," or "nolo contendere." If the
2-11 defendant pleads "not guilty" to the offense, a complaint shall be
2-12 filed that conforms to the requirements of Chapter 45 of this code
2-13 <Article 45.01, Code of Criminal Procedure, 1965>, and that
2-14 complaint serves as an original complaint. A defendant may waive
2-15 the filing of a sworn complaint and elect that the prosecution
2-16 proceed on the written notice of the charged offense if the
2-17 defendant agrees in writing with the prosecution, signs the
2-18 agreement, and files it with the court.
2-19 SECTION 2. This Act takes effect September 1, 1993.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.