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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 85th |
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Legislature, Regular Session, 2017, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill 1913 (the administrative, civil, and criminal |
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consequences, including fines, fees, and costs, imposed on |
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persons arrested for, charged with, or convicted of certain |
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criminal offenses) to consider and take action on the following |
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matters: |
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(1) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to amend and omit text not in disagreement in |
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SECTION 5 of the bill, in added Articles 43.05(a-1) and (a-2), |
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Code of Criminal Procedure, to read as follows: |
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(a-1) A court may not issue a capias pro fine for the |
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defendant's failure to satisfy the judgment according to its |
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terms unless the court holds a hearing on the defendant's ability |
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to satisfy the judgment and: |
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(1) the defendant fails to appear at the hearing; or |
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(2) based on evidence presented at the hearing, the |
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court determines that the capias pro fine should be issued. |
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(a-2) The court shall recall a capias pro fine if, before |
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the capias pro fine is executed: |
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(1) the defendant voluntarily appears to resolve |
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the amount owed; and |
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(2) the amount owed is resolved in any manner |
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authorized by this code. |
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Explanation: This change is necessary to clarify the |
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circumstances in which a court may issue or shall recall a capias |
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pro fine. |
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(2) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement in SECTION 7 of the |
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bill, in amended Article 43.091, Code of Criminal Procedure, to |
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read as follows: |
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Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR |
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CERTAIN [INDIGENT] DEFENDANTS AND FOR CHILDREN. A court may |
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waive payment of all or part of a fine or costs [cost] imposed on |
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a defendant [who defaults in payment] if the court determines |
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that: |
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(1) the defendant is indigent or does not have |
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sufficient resources or income to pay all or part of the fine or |
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costs or was, at the time the offense was committed, a child as |
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defined by Article 45.058(h); and |
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(2) each alternative method of discharging the fine |
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or cost under Article 43.09 or 42.15 would impose an undue |
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hardship on the defendant. |
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Explanation: This change is necessary to remove |
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unnecessary and duplicative language. |
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(3) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to amend and omit text not in disagreement in |
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SECTION 8 of the bill, in added Article 45.014(e), Code of |
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Criminal Procedure, to read as follows: |
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(e) A justice or judge may not issue an arrest warrant for |
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the defendant's failure to appear at the initial court setting, |
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including failure to appear as required by a citation issued |
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under Article 14.06(b), unless: |
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(1) the justice or judge provides by telephone or |
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regular mail to the defendant notice that includes: |
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(A) a date and time, occurring within the |
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30-day period following the date that notice is provided, when |
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the defendant must appear before the justice or judge; |
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(B) the name and address of the court with |
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jurisdiction in the case; |
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(C) information regarding alternatives to the |
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full payment of any fine or costs owed by the defendant, if the |
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defendant is unable to pay that amount; and |
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(D) an explanation of the consequences if the |
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defendant fails to appear before the justice or judge as required |
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by this article; and |
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(2) the defendant fails to appear before the justice |
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or judge as required by this article. |
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Explanation: This change is necessary to clarify and |
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simplify the limitation on a justice or judge's authority to |
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issue an arrest warrant for a defendant's failure to appear. |
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(4) Senate Rule 12.03(1) is suspended to permit the |
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committee to amend text not in disagreement in SECTION 9 of the |
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bill, in added Article 45.016(b), Code of Criminal Procedure, to |
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read as follows: |
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(b) The justice or judge may not, either instead of or in |
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addition to the personal bond, require a defendant to give a bail |
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bond unless: |
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(1) the defendant fails to appear in accordance with |
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this code with respect to the applicable offense; and |
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(2) the justice or judge determines that: |
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(A) the defendant has sufficient resources or |
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income to give a bail bond; and |
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(B) a bail bond is necessary to secure the |
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defendant's appearance in accordance with this code. |
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Explanation: This change is necessary to clarify the |
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circumstances in which a justice or judge may require a defendant |
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to give a bail bond in a criminal case based on an offense |
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punishable by fine only. |
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(5) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to amend and omit text not in disagreement in |
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SECTION 12 of the bill, in added Articles 45.045(a-2) and (a-3), |
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Code of Criminal Procedure, to read as follows: |
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(a-2) The court may not issue a capias pro fine for the |
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defendant's failure to satisfy the judgment according to its |
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terms unless the court holds a hearing on the defendant's ability |
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to satisfy the judgment and: |
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(1) the defendant fails to appear at the hearing; or |
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(2) based on evidence presented at the hearing, the |
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court determines that the capias pro fine should be issued. |
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(a-3) The court shall recall a capias pro fine if, before |
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the capias pro fine is executed: |
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(1) the defendant voluntarily appears to resolve |
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the amount owed; and |
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(2) the amount owed is resolved in any manner |
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authorized by this chapter. |
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Explanation: This change is necessary to clarify the |
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circumstances in which a court may issue or shall recall a capias |
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pro fine. |
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(6) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement in SECTION 16 of the |
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bill, in amended Article 45.0491(a), Code of Criminal Procedure, |
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to read as follows: |
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(a) A municipal court, regardless of whether the court is |
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a court of record, or a justice court may waive payment of all or |
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part of a fine or costs imposed on a defendant [who defaults in
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payment] if the court determines that: |
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(1) the defendant is indigent or does not have |
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sufficient resources or income to pay all or part of the fine or |
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costs or was, at the time the offense was committed, a child as |
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defined by Article 45.058(h); and |
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(2) discharging the fine or [and] costs under |
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Article 45.049 or as otherwise authorized by this chapter would |
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impose an undue hardship on the defendant. |
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Explanation: This change is necessary to remove |
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unnecessary and duplicative language. |
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(7) Senate Rule 12.03(3) is suspended to permit the |
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committee to add text on a matter which is not in disagreement by |
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adding SECTIONS 20 and 21 to the bill, amending Articles |
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45.051(a) and 45.0511(t), Code of Criminal Procedure, to read as |
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follows: |
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SECTION 20. Article 45.051(a), Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) On a plea of guilty or nolo contendere by a defendant |
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or on a finding of guilt in a misdemeanor case punishable by fine |
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only and payment of all court costs, the judge may defer further |
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proceedings without entering an adjudication of guilt and place |
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the defendant on probation for a period not to exceed 180 days. |
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In issuing the order of deferral, the judge may impose a special |
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expense fee on the defendant in an amount not to exceed the amount |
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of the fine that could be imposed on the defendant as punishment |
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for the offense. The special expense fee may be collected at any |
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time before the date on which the period of probation ends. The |
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judge may elect not to impose the special expense fee for good |
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cause shown by the defendant. If the judge orders the collection |
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of a special expense fee, the judge shall require that the amount |
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of the special expense fee be credited toward the payment of the |
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amount of the fine imposed by the judge. An order of deferral |
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under this subsection terminates any liability under a [bail bond
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or an appearance] bond given for the charge. |
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SECTION 21. Article 45.0511(t), Code of Criminal |
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Procedure, is amended to read as follows: |
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(t) An order of deferral under Subsection (c) terminates |
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any liability under a [bail bond or appearance] bond given for |
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the charge. |
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Explanation: The addition of text is a technical change |
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necessary to conform to the changes made in SECTION 9 of the bill, |
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in added Article 45.016(b), Code of Criminal Procedure. |
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(8) Senate Rule 12.03(1) is suspended to permit the |
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committee to amend text not in disagreement in SECTION 31 of the |
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bill, in the transition language, to read as follows: |
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SECTION 31. The changes in law made by this Act to |
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Articles 45.016, 45.051, and 45.0511, Code of Criminal |
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Procedure, apply only to a bond executed on or after the |
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effective date of this Act. A bond executed before the effective |
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date of this Act is governed by the law in effect when the bond |
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was executed, and the former law is continued in effect for that |
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purpose. |
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Explanation: This change is necessary to properly |
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implement the addition of SECTIONS 20 and 21 to the bill. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 28, 2017, by the |
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following vote: Yeas 26, Nays 5. |
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_______________________________ |
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Secretary of the Senate |