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NOTICE
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The Local Rules of Criminal Procedure for the United States District Court, Southern District of Texas are proposed to be amended by the addition of the following rule:

CrLR58. PROCEDURE FOR MISDEMEANORS AND OTHER PETTY OFFENSES

CrLR58.1. Forfeiture of Collateral in Lieu of Appearance

  1. A person or organization charged with a misdemeanor or a petty offense as defined in Title 18, United States Code, Section 19, for which there is a published schedule providing for forfeiture of collateral may, in lieu of appearance, post collateral in the amount indicated for the offense, waive appearance before the United States District or Magistrate Judge, and consent to forfeiture of collateral.

  2. The Court has adopted forfeiture schedules and may from time to time modify and change these schedules by general order of the court without notice or comment.

  3. If a person or organization charged with an offense under Section A of this Rule fails to post and forfeit collateral, any punishment, including fine, imprisonment, or probation, may be imposed within the limits established by law upon conviction by plea or after trial.

  4. A person or organization charged with a misdemeanor or petty offense for which there is not a published schedule providing for forfeiture of collateral must appear before a United States District or Magistrate Judge.

  5. Of the total collateral amount paid, the sum of five dollars is designated as the special assessment required by Title 18, United States Code, Section 3013.

Written comments on this proposed amendment may be addressed to the Court by May 1, 2001, as follows:

Clerk, U.S. District Court
Attn: Local Rules, Room 5401
P.O. Box 61010
Houston, TX 77208

Dated: March 23, 2001