80R4109 PEP-D
 
  By: West, Royce S.B. No. 538
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a defendant's right to appear by counsel 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.  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.
       SECTION 3.  This Act takes effect September 1, 2007.