By: Shelley S.B. No. 256
73R3852 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a plea of guilty or nolo contendere in a misdemeanor
1-3 case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (b), (c), and (d), Article 27.14,
1-6 Code of Criminal Procedure, are amended to read as follows:
1-7 (b) A defendant charged with a misdemeanor for which the
1-8 maximum possible punishment is by fine only may, in lieu of the
1-9 method provided in Subsection (a) of this article, mail or deliver
1-10 in person to the court a plea of "guilty" or a plea of "nolo
1-11 contendere" and a waiver of jury trial. The defendant may also
1-12 request in writing that the court notify the defendant, at the
1-13 address stated in the request, of the amount of an appeal bond that
1-14 the court will approve. If the court receives a plea and waiver
1-15 before the time the defendant is scheduled to appear in court, the
1-16 court shall dispose of the case without requiring a court
1-17 appearance by the defendant. The court shall notify the defendant
1-18 either in person or by certified mail, return receipt requested, of
1-19 the amount of any fine assessed in the case and, if requested by
1-20 the defendant, the amount of an appeal bond that the court will
1-21 approve. The defendant shall pay any fine assessed or give an
1-22 appeal bond in the amount stated in the notice before the 31st day
1-23 after receiving the notice.
1-24 (c) In a misdemeanor case <arising out of a moving traffic
2-1 violation> for which the maximum possible punishment is by fine
2-2 only, payment of a fine, or an amount accepted by the court
2-3 constitutes a finding of guilty in open court, as though a plea of
2-4 nolo contendere had been entered by the defendant.
2-5 (d) If written notice of an offense <a traffic violation>
2-6 for which maximum possible punishment is by fine only or of a
2-7 violation relating to the manner, time, and place of parking has
2-8 been prepared, delivered, and filed with the court and a legible
2-9 duplicate copy has been given to the defendant, the written notice
2-10 <duplicate copy> serves as a complaint to which the defendant may
2-11 plead "guilty," "not guilty," or "nolo contendere." If the
2-12 defendant pleads "not guilty" to the offense, a complaint shall be
2-13 filed that conforms to the requirements of Chapter 45 of this code,
2-14 <Article 45.01, Code of Criminal Procedure, 1965,> and that
2-15 complaint serves as an original complaint. A defendant may waive
2-16 the filing of a sworn complaint and elect that the prosecution
2-17 proceed on the written notice of the charged offense if the
2-18 defendant agrees in writing with the prosecution, signs the
2-19 agreement, and files it with the court.
2-20 SECTION 2. This Act takes effect September 1, 1993.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.