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AN ACT
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relating to the court in which certain persons charged with |
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misdemeanors punishable by fine only may be arraigned. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Article 15.17, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) After an accused charged with a misdemeanor punishable |
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by fine only is taken before a magistrate under Subsection (a) [of
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this article] and the magistrate has identified the accused with |
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certainty, the magistrate may release the accused without bond and |
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order the accused to appear at a later date for arraignment in the |
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applicable justice [county] court or municipal [statutory county] |
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court. The order must state in writing the time, date, and place of |
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the arraignment, and the magistrate must sign the order. The |
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accused shall receive a copy of the order on release. If an accused |
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fails to appear as required by the order, the judge of the court in |
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which the accused is required to appear shall issue a warrant for |
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the arrest of the accused. If the accused is arrested and brought |
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before the judge, the judge may admit the accused to bail, and in |
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admitting the accused to bail, the judge should set as the amount of |
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bail an amount double that generally set for the offense for which |
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the accused was arrested. This subsection does not apply to an |
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accused who has previously been convicted of a felony or a |
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misdemeanor other than a misdemeanor punishable by fine only. |
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SECTION 2. 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. 415 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. 415 passed the House on |
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May 26, 2009, by the following vote: Yeas 143, Nays 0, one present |
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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 |