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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.��Articles 45.051(a), (a-1), (b), and (c), Code of |
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Criminal Procedure, are amended to read as follows: |
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�������(a)��On a plea of guilty or nolo contendere by a defendant or |
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on a finding of guilt in a misdemeanor case punishable by fine only |
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and payment of all court costs, the judge may [, at the judge's
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discretion,] defer further proceedings without entering an |
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adjudication of guilt and place the defendant on probation for a |
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period not to exceed 180 days. In issuing the order of deferral, |
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the judge may impose a special expense fee on the defendant in an |
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amount not to exceed the amount of the fine that could be imposed on |
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the defendant as punishment for the offense. The special expense |
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fee may be collected at any time before the date on which the period |
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of probation ends. The judge may elect not to impose the special |
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expense fee for good cause shown by the defendant. If the judge |
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orders the collection of a special expense fee, the judge shall |
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require that the amount of the special expense fee be credited |
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toward the payment of the amount of the fine imposed by the judge. |
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An order of deferral under this subsection terminates any liability |
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under a bail bond or an appearance bond given for the charge. |
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�������(a-1)��Notwithstanding any other provision of law, as an |
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alternative to requiring a defendant charged with one or more |
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offenses to make payment of all court costs as required by |
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Subsection (a), the judge [, in the judge's discretion,] may: |
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�������������(1)��allow the defendant to enter into an agreement for |
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payment of those costs in installments during the defendant's |
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period of probation; |
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�������������(2)��require an eligible defendant to discharge all or |
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part of those costs by performing community service under Article |
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45.049; or |
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�������������(3)��take any combination of actions authorized by |
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Subdivision (1) or (2). |
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�������(b)��During the deferral period, the judge may[, at the
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judge's discretion,] require the defendant to: |
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�������������(1)��post a bond in the amount of the fine assessed to |
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secure payment of the fine; |
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�������������(2)��pay restitution to the victim of the offense in an |
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amount not to exceed the fine assessed; |
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�������������(3)��submit to professional counseling; |
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�������������(4)��submit to diagnostic testing for alcohol or a |
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controlled substance or drug; |
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�������������(5)��submit to a psychosocial assessment; |
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�������������(6)��participate in an alcohol or drug abuse treatment |
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or education program; |
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�������������(7)��pay the costs of any diagnostic testing, |
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psychosocial assessment, or participation in a treatment or |
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education program either directly or through the court as court |
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costs; |
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�������������(8)��complete a driving safety course approved under |
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Chapter 1001, Education Code, or another course as directed by the |
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judge; |
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�������������(9)��present to the court satisfactory evidence that |
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the defendant has complied with each requirement imposed by the |
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judge under this article; and |
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�������������(10)��comply with any other reasonable condition. |
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�������(c)��On determining that the defendant has complied with the |
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requirements imposed by the judge under this article, the judge |
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shall dismiss the complaint, and it shall be clearly noted in the |
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docket that the complaint is dismissed and that there is not a final |
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conviction. [If the complaint is dismissed, a special expense not
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to exceed the amount of the fine assessed may be imposed.] |
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�������SECTION�3.��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�4.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 1544 was passed by the House on April |
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30, 2009, by the following vote:��Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1544 on May 29, 2009, by the following vote:��Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 1544 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote:��Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |