By: Brown S.B. No. 568 73R2616 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the forfeiture of a bond in satisfaction of a fine and 1-3 costs in a misdemeanor case punishable by fine only. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 45, Code of Criminal Procedure, is 1-6 amended by adding Article 45.231 to read as follows: 1-7 Art. 45.231. FORFEITURE OF BOND IN SATISFACTION OF FINE. 1-8 (a) A justice may enter a judgment of conviction and forfeit a 1-9 cash bond posted by the defendant in satisfaction of the 1-10 defendant's fine and cost if the defendant: 1-11 (1) has entered a written and signed plea of nolo 1-12 contendere and a waiver of jury trial; and 1-13 (2) fails to appear according to the terms of the 1-14 defendant's release. 1-15 (b) A justice who enters a judgment of conviction and 1-16 forfeiture under Subsection (a) of this article shall immediately 1-17 notify the defendant in writing, by regular mail addressed to the 1-18 defendant at the defendant's last known address, that: 1-19 (1) a judgment of conviction and forfeiture of bond 1-20 was entered against the defendant on a date certain and the 1-21 forfeiture satisfies the defendant's fine and costs in the case; 1-22 and 1-23 (2) the defendant has a right to a new trial in the 1-24 case if the defendant applies for the new trial not later than the 2-1 10th day after the date of judgment and forfeiture. 2-2 (c) Notwithstanding Article 45.45 of this code, the 2-3 defendant may apply for a new trial within the period provided by 2-4 Subsection (b) of this article, and the court shall grant the 2-5 application if the application is made within the period. On the 2-6 new trial, the court shall permit the defendant to withdraw the 2-7 previously entered plea of nolo contendere and waiver of jury 2-8 trial. 2-9 SECTION 2. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended, 2-14 and that this Act take effect and be in force from and after its 2-15 passage, and it is so enacted.