81R16651 PEP-F
By: Phillips, Moody, Herrero H.B. No. 107
Substitute the following for H.B. No. 107:
By: Moody C.S.H.B. No. 107
A BILL TO BE ENTITLED
AN ACT
relating to the rendering of a judgment and sentence in the absence
of certain defendants charged with felonies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.14, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.14. IN ABSENCE OF DEFENDANT. (a) In a misdemeanor
case, the [The] judgment and sentence [in a misdemeanor case] may be
rendered in the absence of the defendant.
(b) In a felony case, the judgment and sentence may be
rendered in the absence of the defendant only if:
(1) the defendant is imprisoned in a penal
institution;
(2) the defendant is not charged with a felony
offense:
(A) that is listed in Section 3g(a)(1), Article
42.12; or
(B) for which it is alleged that:
(i) a deadly weapon, as defined by Section
1.07, Penal Code, was used or exhibited during the commission of the
offense or during immediate flight from the commission of the
offense; and
(ii) the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited;
(3) the defendant in writing before a district court
having jurisdiction in the county where the defendant is
imprisoned:
(A) waives the right to be present at the
rendering of the judgment and sentence or to have counsel present;
(B) affirms that the defendant does not have
anything to say as to why the sentence should not be pronounced and
that there is no reason to prevent the sentence under Article 42.07;
(C) states that the defendant has entered into a
written plea agreement with the attorney representing the state in
the prosecution of the case; and
(D) requests the judge to pronounce sentence in
the case in accordance with the plea agreement;
(4) the defendant and the attorney representing the
state in the prosecution of the case have entered into a written
plea agreement that is made a part of the record in the case; and
(5) sentence is pronounced in accordance with the plea
agreement.
(c) In this article, "penal institution" has the meaning
assigned by Section 1.07, Penal Code.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2009.