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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of court costs required in connection with |
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the suspension of sentence and deferral of final disposition in |
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certain misdemeanor traffic cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) On a plea of guilty or nolo contendere by a defendant or |
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on a finding of guilt in a misdemeanor case punishable by fine only |
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and, unless the judge elects to proceed under Subsection (a-1), |
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payment of all court costs, the judge may, at the judge's |
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discretion, defer further proceedings without entering an |
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adjudication of guilt and place the defendant on probation for a |
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period not to exceed 180 days. An order of deferral under this |
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subsection terminates any liability under a bail bond or an |
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appearance bond given for the charge. |
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(a-1) an alternative to requiring a defendant charged with |
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more than one traffic offense to make payment of all court costs as |
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required by Subsection (a), the judge, in the judge's discretion, |
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may: |
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(1) allow the defendant to enter into an agreement for |
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payment of those costs in installments during the defendant's |
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period of probation; |
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(2) require an eligible defendant to discharge all or |
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part of those costs by performing community service under Article |
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45.049; or |
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(3) take both actions authorized by Subdivisions (1) |
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and (2). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |