By Dear H.B. No. 251
74R358 GWK-F
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 certain misdemeanor cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a) and (c), Article 45.231, Code of
1-6 Criminal Procedure, are amended to read as follows:
1-7 (a) A justice may enter a judgment of conviction and forfeit
1-8 a cash bond posted by the defendant in satisfaction of the
1-9 defendant's fine and cost if the defendant:
1-10 (1) has entered a written and signed plea of not
1-11 guilty <nolo contendere> and a waiver of jury trial; and
1-12 (2) fails to appear according to the terms of the
1-13 defendant's release.
1-14 (c) Notwithstanding Article 45.45 of this code, the
1-15 defendant may apply for a new trial within the period provided by
1-16 Subsection (b) of this article, and the court shall grant the
1-17 application if the application is made within the period. On the
1-18 new trial, the court shall permit the defendant to withdraw the
1-19 previously entered plea of not guilty <nolo contendere> and waiver
1-20 of jury trial.
1-21 SECTION 2. The importance of this legislation and the
1-22 crowded condition of the calendars in both houses create an
1-23 emergency and an imperative public necessity that the
1-24 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force from and after its
2-3 passage, and it is so enacted.