1-1 By: Shelley S.B. No. 256
1-2 (In the Senate - Filed February 4, 1993; February 8, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 16, 1993, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 16, 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 a plea of guilty or nolo contendere in a misdemeanor
1-18 case.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subsections (b), (c), and (d), Article 27.14,
1-21 Code of Criminal Procedure, are amended to read as follows:
1-22 (b) A defendant charged with a misdemeanor for which the
1-23 maximum possible punishment is by fine only may, in lieu of the
1-24 method provided in Subsection (a) of this article, mail or deliver
1-25 in person to the court a plea of "guilty" or a plea of "nolo
1-26 contendere" and a waiver of jury trial. The defendant may also
1-27 request in writing that the court notify the defendant, at the
1-28 address stated in the request, of the amount of an appeal bond that
1-29 the court will approve. If the court receives a plea and waiver
1-30 before the time the defendant is scheduled to appear in court, the
1-31 court shall dispose of the case without requiring a court
1-32 appearance by the defendant. The court shall notify the defendant
1-33 either in person or by certified mail, return receipt requested, of
1-34 the amount of any fine assessed in the case and, if requested by
1-35 the defendant, the amount of an appeal bond that the court will
1-36 approve. The defendant shall pay any fine assessed or give an
1-37 appeal bond in the amount stated in the notice before the 31st day
1-38 after receiving the notice.
1-39 (c) In a misdemeanor case <arising out of a moving traffic
1-40 violation> for which the maximum possible punishment is by fine
1-41 only, payment of a fine, or an amount accepted by the court
1-42 constitutes a finding of guilty in open court, as though a plea of
1-43 nolo contendere had been entered by the defendant.
1-44 (d) If written notice of an offense <a traffic violation>
1-45 for which maximum possible punishment is by fine only or of a
1-46 violation relating to the manner, time, and place of parking has
1-47 been prepared, delivered, and filed with the court and a legible
1-48 duplicate copy has been given to the defendant, the written notice
1-49 <duplicate copy> serves as a complaint to which the defendant may
1-50 plead "guilty," "not guilty," or "nolo contendere." If the
1-51 defendant pleads "not guilty" to the offense, a complaint shall be
1-52 filed that conforms to the requirements of Chapter 45 of this code
1-53 <Article 45.01, Code of Criminal Procedure, 1965>, and that
1-54 complaint serves as an original complaint. A defendant may waive
1-55 the filing of a sworn complaint and elect that the prosecution
1-56 proceed on the written notice of the charged offense if the
1-57 defendant agrees in writing with the prosecution, signs the
1-58 agreement, and files it with the court.
1-59 SECTION 2. This Act takes effect September 1, 1993.
1-60 SECTION 3. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended.
1-65 * * * * *
1-66 Austin,
1-67 Texas
1-68 March 16, 1993
2-1 Hon. Bob Bullock
2-2 President of the Senate
2-3 Sir:
2-4 We, your Committee on Criminal Justice to which was referred S.B.
2-5 No. 256, have had the same under consideration, and I am instructed
2-6 to report it back to the Senate with the recommendation that it do
2-7 pass and be printed.
2-8 Whitmire,
2-9 Chairman
2-10 * * * * *
2-11 WITNESSES
2-12 FOR AGAINST ON
2-13 ___________________________________________________________________
2-14 Name: Judge David Patronella x
2-15 Representing: Harris Cty Justices of Peace
2-16 City: Houston
2-17 -------------------------------------------------------------------
2-18 Name: Jerry Kunkle x
2-19 Representing: Justice of Peace & Const
2-20 City: McKinney
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2-22 Name: Terry Douglas x
2-23 Representing: Justice of Peace & Const Assn
2-24 City: Wylie
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2-26 Name: John K. Williams x
2-27 Representing: Justice of Peace & Const Assn
2-28 City: Robstown
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2-30 Name: Judge Bill Freeman x
2-31 Representing: JP & Const Assn of Tx
2-32 City: Gainsville
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