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A BILL TO BE ENTITLED
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AN ACT
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relating to notice regarding the availability of deferred |
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disposition for a Class C misdemeanor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A peace officer who is charging a person, including a |
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child, with committing an offense that is a Class C misdemeanor, |
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other than an offense under Section 49.02, Penal Code, may, instead |
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of taking the person before a magistrate, issue a citation to the |
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person that contains written notice of the time and place the person |
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must appear before a magistrate, the name and address of the person |
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charged, [and] the offense charged, and a statement advising the |
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person that the judge may, at the judge's discretion, defer further |
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proceedings without entering an adjudication of guilt and place the |
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defendant on probation for a period not to exceed 180 days. |
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SECTION 2. Article 45.019(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A complaint is sufficient, without regard to its form, |
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if it substantially satisfies the following requisites: |
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(1) it must be in writing; |
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(2) it must commence "In the name and by the authority |
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of the State of Texas"; |
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(3) it must state the name of the accused, if known, or |
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if unknown, must include a reasonably definite description of the |
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accused; |
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(4) it must show that the accused has committed an |
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offense against the law of this state, or state that the affiant has |
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good reason to believe and does believe that the accused has |
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committed an offense against the law of this state; |
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(5) it must state the date the offense was committed as |
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definitely as the affiant is able to provide; |
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(6) it must bear the signature or mark of the affiant; |
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[and] |
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(7) it must conclude with the words "Against the peace |
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and dignity of the State" and, if the offense charged is an offense |
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only under a municipal ordinance, it may also conclude with the |
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words "Contrary to the said ordinance"; and |
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(8) it must contain a statement advising the accused |
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that the judge may, at the judge's discretion, defer further |
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proceedings without entering an adjudication of guilt and place the |
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accused on probation for a period not to exceed 180 days. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2007. |