|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to court proceedings for a plea of guilty or nolo |
|
contendere for a misdemeanor punishable by fine only. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 27.14(b), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(b) A defendant charged with a misdemeanor for which the |
|
maximum possible punishment is by fine only may, in lieu of the |
|
method provided in Subsection (a) of this article, mail or deliver |
|
in person to the court a plea of "guilty" or a plea of "nolo |
|
contendere" and a waiver of jury trial. The defendant may also |
|
request in writing that the court notify the defendant, at the |
|
address stated in the request, of the amount of an appeal bond that |
|
the court will approve. If the court receives a plea and waiver |
|
before the time the defendant is scheduled to appear in court, the |
|
court shall dispose of the case without requiring a court |
|
appearance by the defendant. If the court receives a plea and |
|
waiver after the time the defendant is scheduled to appear in court |
|
but at least five business days before a scheduled trial date, the |
|
court shall dispose of the case without requiring a court |
|
appearance by the defendant. The court shall notify the defendant |
|
either in person or by certified mail, return receipt requested, of |
|
the amount of any fine assessed in the case and, if requested by the |
|
defendant, the amount of an appeal bond that the court will approve. |
|
The defendant shall pay any fine assessed or give an appeal bond in |
|
the amount stated in the notice before the 31st day after receiving |
|
the notice. |
|
SECTION 2. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect at the time 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 the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 3. This Act takes effect September 1, 2009. |