q?FpE A~MNEY GICCMERAL
OFTEXAS
AUSTIN. TEXAS 78711
March 31, 1966
Honorable Sam Cleveland
mf3trict Attorney
Stephenvllle, Texas, 76401 Re: Construction of Sections
148 and 149 of Article
6701d, Vernon's Civil
Statutes, in reference to
whether the new Code of
Criminal Prooedure would
prevent the prosecution
for failure to appear in
Dear Sir: a traffiic violation.
In your retient opinion request you state:
.“Artiale 67016, Section 148, Revised
Civil Statutes of Texas, provides that a
person arrested for a violation of some
traffio regulation, under the Act may
obtain his release by signing a duplicate
copy of notice to appear before the court
at some appointed time after ten days.
‘Article 6701d, Se&ion 149, protides
that failure to appear ia court as agreed
undex the terms’~of the preceding SeotlOn
oonstt;itutes another violation if willfully
done.
"Aa I understand these two sections,
after proper complaints have been filed
both for the trafflo violation and the
failure to appear, warrants of arrest may
be issued for the person charged.
"18 there anything in the New Code of
Criminal ,Proaedure or otherwise whioh would
prevent the additional aharge of failure to
appear from being filed and a warrant of
arrest issued for that offense."
In addition to Article 67018, Sections 148 and 149,
cited above, Article 792 of the Penal Code of the State of
Texas also deals with the violation of a person nho fail0
to appear as promised,
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Honorable Sam Cleveland, page 2 (0-645)
The 1966 Code of Criminal Proaedure does not
amend or repeal Article 792 or any of these sections of
Artlole 6701d. Further, Artlalea 882, 883, 884 and 885
bf the old Code of Criminal Procedure, which dealt with
warrants of arrest la Justice Courts, have been brought
forward in the 1966 Code of Crimllaal Procedure and codified
as Articles 45.16, 4!Ll7, 45.18 and 45*19 with only lnslgnlf-
laant grammar aud punctuation changes.
It is the opinion of this office that the law is
at111 the same as it r&a In respect to the isauaaoe of war-
rants for arrest for the failure to appear for a traffic
violation,
SUNNARY
There Is aothing In the 1966 Code of
Criminal Procedure whih would prevent
the proseoutlon for fasilure to appear in
a traffio vlolatlon'under Artiole 67016,
Seotions 148 and 149, Vernon's Civil
Statutes, and Article 792, Texas Peaal
Code a .
Yours very truly,
Aaaiataut A%torney General
REO/er
APPROVED:
OPINION CO~TTER ,,
w. v. Cleppert, Chairman
CharleaB. Sranner
Lomy F. Znleaer
Ronald Luua
Pat Bailey
APPROVEDPOR!FHEA'EKUWEX~ENERAJJ
By. T, B. Wright
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