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