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AN ACT
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relating to the prosecution of a Class C misdemeanor offense for |
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which the defendant does not appear. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Article 27.14, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) If written notice of an offense for which maximum |
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possible punishment is by fine only or of a violation relating to |
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the manner, time, and place of parking has been prepared, |
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delivered, and filed with the court and a legible duplicate copy has |
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been given to the defendant, the written notice serves as a |
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complaint to which the defendant may plead "guilty," "not guilty," |
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or "nolo contendere." If the defendant pleads "not guilty" to the |
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offense or fails to appear based on the written notice, a complaint |
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shall be filed that conforms to the requirements of Chapter 45 of |
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this code, and that complaint serves as an original complaint. A |
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defendant may waive the filing of a sworn complaint and elect that |
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the prosecution proceed on the written notice of the charged |
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offense if the defendant agrees in writing with the prosecution, |
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signs the agreement, and files it with the court. |
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SECTION 2. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is covered by the law in effect at the |
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time the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 3. 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 hereby certify that S.B. No. 413 passed the Senate on |
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May 7, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 413 passed the House on |
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May 26, 2009, by the following vote: Yeas 144, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |