Texas Attorney General Opinion: JM-898 Page: 3 of 12
12 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Sam W. Dick - Page 3 (JM-898)
exceed the amount of the fine assessed may
be imposed.
(4) Records relating to a complaint dis-
missed as provided by this article may be
expunged under Article 55.01 of this code.
(Emphasis added.)
Code Crim. Proc. art. 45.54.
In Attorney General Opinion JM-526 (1986), the
following observations were made relative to the
legislature's enactment of article 45.54:
The legislature enacted this statute to
enable a 'justice' to make a form of proba-
tion available to defendants convicted of
offenses with a maximum punishment of a fine
not to exceed $200, i.e, Class C misdemean-
ors. See Acts 1981, 67th Leg., ch. 318, 1,
at 894 eff. Sept. 1, 1981. Penal Code
12.23. This office has previously charact-
erized article 45.54 as a form of 'proba-
tion' although the statute does not use the
term. See Attorney General Opinion JM-307
(1985); see ....also Baker & Bubany, 'Probation
for Class C Misdemeanors: To Fine or Not to
Fine is Now the Question,' 22 So. Tex. L.J.
249 (1981). Prior to that time, there was
no legislative authorization to allow pro-
bation in non-traffic misdemeanor offenses
punishable by fine only. See Code Crim.
Proc. art. 42.13; see also Attorney General
Opinion H-1128 (1978).
In Attorney General Opinion JM-307 (1985) it was
noted that article 45.54, in contrast to the felony and
misdemeanor probation statute, includes no purpose clause
or any other provision stating the goals of its procedures
for suspending sentences. See Code Crim. Proc. art.
42.12. In Attorney General Opinion JM-526 it was stated
that article 45.54 authorizes the requirement that the
convicted defendant obtain employment as a condition of
the deferral of the fine so long as the condition of
emDlovment is reasonable. If a defendant can be required
to obtain employment under article 45.54, the same
rationale would tend to support the conclusion that he can
be required to render community service so long as that
requirement is reasonable. Probation authorized by
article 45.54 may only be applicable when the defendantp. 4421
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-898, text, May 9, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273336/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.