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79R6905 JD-D

By:  Uresti                                                       H.B. No. 2502


A BILL TO BE ENTITLED
AN ACT
relating to the prosecution in a justice or municipal court of a person charged with more than one traffic offense arising from the same criminal episode. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 45, Code of Criminal Procedure, is amended by adding Article 45.0175 to read as follows: Art. 45.0175. OFFENSES ARISING FROM SINGLE CRIMINAL EPISODE; ADMISSION OF UNADJUDICATED OFFENSE. (a) When a person is charged with more than one traffic offense arising out of the same criminal episode, the person is entitled to: (1) waive a trial by jury; (2) be prosecuted in a single proceeding; (3) admit during the proceeding the person's guilt of one or more of the offenses; and (4) request the court to take each offense into account in determining: (A) whether to defer the proceedings under Article 45.051; or (B) the amount of any fine or penalty to be imposed for the offense or offenses of which the defendant admits guilt. (b) If the court takes into account an admitted offense, prosecution is barred for that offense. SECTION 2. (a) The change in law made by this Act applies only to an offense committed on or after September 1, 2005. (b) An offense committed before September 1, 2005, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2005, if any element of the offense was committed before that date. SECTION 3. This Act takes effect September 1, 2005.