By:  Puente                                                       H.B. No. 207


A BILL TO BE ENTITLED
AN ACT
relating to the appearance by a defendant in certain misdemeanor cases. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 33.04, Code of Criminal Procedure, is amended to read as follows: Art. 33.04. MAY APPEAR BY COUNSEL. In [other] misdemeanor cases other than cases described by Article 33.03, the defendant may[, by consent of the State's attorney,] appear by counsel [,] and, if the defendant's counsel stipulates to the identity of the defendant, the trial may proceed without the defendant's [his] personal presence. SECTION 2. Subchapter D, Chapter 45, Code of Criminal Procedure, is amended by adding Article 45.204 to read as follows: Art. 45.204. SIGNATURE OF DEFENDANT NOT REQUIRED. A municipal court may not require the signature of a defendant on an appearance bond. SECTION 3. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to a proceeding that is commenced on or after the effective date of this Act. A proceeding that is commenced before the effective date of this Act is governed by the law in effect on the date the proceeding is commenced, and the former law is continued in effect for that purpose.