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.