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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 defendant mails or delivers in |
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person to the court [receives] a plea of "guilty" or "nolo |
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contendere" and a waiver of jury trial before the date on which the |
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trial on the merits commences [time the defendant is scheduled to
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appear in court], the court shall dispose of the case without |
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requiring any additional [a] court appearance by the defendant. |
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The court shall notify the defendant either in person or by |
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certified mail, return receipt requested, of the amount of any fine |
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assessed in the case and, if requested by the defendant, the amount |
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of an appeal bond that the court will approve. The defendant shall |
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pay any fine assessed or give an appeal bond in the amount stated in |
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the notice before the 31st day after receiving 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. |