Texas 2019 - 86th Regular

Texas House Bill HB1996

Caption

Relating to admonitions given by a court to a defendant before accepting a plea of guilty or nolo contendere.

Impact

The implementation of HB 1996 aims to enhance the procedural protections for defendants in Texas. By mandating that admonitions must be given in both formats, the bill seeks to reduce the chances of misunderstandings that could affect the validity of pleas. This change may also lead to more informed decisions by defendants, thereby potentially reducing later appeals based on claims of inadequate warning about plea outcomes. The bill's effective date of September 1, 2019, indicates a priority on reforming plea acceptance practices promptly.

Summary

House Bill 1996 amends the Texas Code of Criminal Procedure specifically related to the admonitions given to a defendant before accepting a plea of guilty or nolo contendere. This bill ensures that courts provide specific admonitions both orally and in writing, particularly regarding the consequences of pleading guilty. The legislation emphasizes the importance of defendants understanding the implications of their pleas, establishing a clear requirement for signed statements from both defendants and their attorneys to confirm comprehension of these consequences.

Sentiment

General sentiment around HB 1996 appears to be supportive, particularly among legal practitioners who advocate for better protection of defendants' rights within the judicial process. The legislation acknowledges the complexities of legal language that may not always be easily understood by defendants. By promoting clarity in the plea process through written and oral instructions, the bill fosters a more transparent legal environment, recognizing that informed consent is crucial in plea bargaining.

Contention

While the overall impact of HB 1996 seems to provide greater protections for defendants, there are concerns regarding the additional administrative burden this may place on courts. Some critics could argue that this requirement might complicate and prolong the plea process, hence increasing the burden on court resources. Nonetheless, supporters of the bill argue that the benefits of ensuring defendants are fully aware of their rights and the implications of their pleas outweigh these potential drawbacks.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1713

Relating to the creation and promulgation of certain standard forms for statewide use in criminal actions.

TX HB1617

Relating to notice for certain defendants regarding the unlawful possession or acquisition of a firearm or ammunition.

TX SB169

Relating to notice for certain defendants regarding the unlawful possession or acquisition of a firearm or ammunition.

TX HB4622

Relating to the manner in which certain criminal and juvenile proceedings are conducted.

TX SB2041

Relating to the manner in which certain criminal proceedings are conducted.

TX HB3817

Relating to a court requiring a defendant confined in a penal institution to appear by videoconference for certain pretrial proceedings.

TX HB2141

Relating to a hearing for an alleged violation of community supervision by a defendant and the manner in which that defendant is required to appear before the court.

TX HB361

Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.

TX HB782

Relating to authority of a court to reduce or modify a defendant's sentence.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

Similar Bills

No similar bills found.