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Amend SB 1913 on third reading as follows:
(1) In the SECTION of the bill amending Article 45.016, Code of Criminal Procedure, strike added Subsection (b) and substitute the following:
(b) The justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:
(1) the defendant fails to appear in accordance with this code with respect to the applicable offense; and
(2) the justice or judge determines that:
(A) the defendant has sufficient resources or income to give a bail bond; and
(B) a bail bond is necessary to secure the defendant's appearance in accordance with this code.
(2) In the SECTION of the bill addressing the applicability of Article 45.016, Code of Criminal Procedure, as amended by the bill, strike "Article 45.016" and substitute "Articles 45.016, 45.051, and 45.0511".
(3) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 45.051(a), Code of Criminal Procedure, is amended to read as follows:
(a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. In issuing the order of deferral, the judge may impose a special expense fee on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense. The special expense fee may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the special expense fee for good cause shown by the defendant. If the judge orders the collection of a special expense fee, the judge shall require that the amount of the special expense fee be credited toward the payment of the amount of the fine imposed by the judge. An order of deferral under this subsection terminates any liability under a [bail bond or an appearance] bond given for the charge.
SECTION ____. Article 45.0511(t), Code of Criminal Procedure, is amended to read as follows:
(t) An order of deferral under Subsection (c) terminates any liability under a [bail bond or appearance] bond given for the charge.