Texas 2009 - 81st Regular

Texas House Bill HB107 Compare Versions

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Old	New	Differences
1	1	H.B. No. 107
2	2
3	3
4	4	AN ACT
5	5	relating to allowing for certain criminal proceedings in the
6	6	absence of certain defendants.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 27, Code of Criminal Procedure, is
9	9	amended by adding Article 27.19 to read as follows:
10	10	Art. 27.19. PLEA BY CERTAIN DEFENDANTS.
11	11	(a) Notwithstanding any other provision of this code, a court
12	12	shall accept a plea of guilty or nolo contendere from a defendant
13	13	who is confined in a penal institution if the plea is made:
14	14	(1) in accordance with the procedure established by
15	15	Article 27.18; or
16	16	(2) in writing before the appropriate court having
17	17	jurisdiction in the county in which the penal institution is
18	18	located, provided that:
19	19	(A) the defendant is notified by the court of
20	20	original jurisdiction of the right to counsel and the procedures
21	21	for requesting appointment of counsel, and is provided a reasonable
22	22	opportunity to request a court-appointed lawyer;
23	23	(B) if the defendant elects to proceed without
24	24	counsel, the defendant must waive the right to counsel in
25	25	accordance with Article 1.051;
26	26	(C) the defendant must waive the right to be
27	27	present at the taking of the plea or to have counsel present, if the
28	28	defendant has counsel; and
29	29	(D) if the defendant is charged with a felony,
30	30	judgment and sentence are rendered in accordance with the
31	31	conditions and the procedure established by Article 42.14(b).
32	32	(b) In this article, "penal institution" has the meaning
33	33	assigned by Section 1.07, Penal Code.
34	34	SECTION 2. Article 42.14, Code of Criminal Procedure, is
35	35	amended to read as follows:
36	36	Art. 42.14. IN ABSENCE OF DEFENDANT. (a) In a misdemeanor
37	37	case, the [The] judgment and sentence [in a misdemeanor case] may be
38	38	rendered in the absence of the defendant.
39	39	(b) In a felony case, the judgment and sentence may be
40	40	rendered in the absence of the defendant only if:
41	41	(1) the defendant is confined in a penal institution;
42	42	(2) the defendant is not charged with a felony
43	43	offense:
44	44	(A) that is listed in Section 3g(a)(1), Article
45	45	42.12; or
46	46	(B) for which it is alleged that:
47	47	(i) a deadly weapon was used or exhibited
48	48	during the commission of the offense or during immediate flight
49	49	from the commission of the offense; and
50	50	(ii) the defendant used or exhibited the
51	51	deadly weapon or was a party to the offense and knew that a deadly
52	52	weapon would be used or exhibited;
53	53	(3) the defendant in writing before the appropriate
54	54	court having jurisdiction in the county in which the penal
55	55	institution is located:
56	56	(A) waives the right to be present at the
57	57	rendering of the judgment and sentence or to have counsel present;
58	58	(B) affirms that the defendant does not have
59	59	anything to say as to why the sentence should not be pronounced and
60	60	that there is no reason to prevent the sentence under Article 42.07;
61	61	(C) states that the defendant has entered into a
62	62	written plea agreement with the attorney representing the state in
63	63	the prosecution of the case; and
64	64	(D) requests the court to pronounce sentence in
65	65	the case in accordance with the plea agreement;
66	66	(4) the defendant and the attorney representing the
67	67	state in the prosecution of the case have entered into a written
68	68	plea agreement that is made a part of the record in the case; and
69	69	(5) sentence is pronounced in accordance with the plea
70	70	agreement.
71	71	(c) A judgment and sentence may be rendered under this
72	72	article in the absence of the defendant only after the defendant is
73	73	notified by the court of original jurisdiction of the right to
74	74	counsel and the defendant requests counsel or waives the right to
75	75	counsel in accordance with Article 1.051.
76	76	(d) In this article, "deadly weapon" and "penal
77	77	institution" have the meanings assigned by Section 1.07, Penal
78	78	Code.
79	79	(e) If a defendant enters a plea of guilty or nolo
80	80	contendere under Article 27.19, the attorney representing the state
81	81	may request at the time the plea is entered that the defendant
82	82	submit a fingerprint of the defendant suitable for attachment to
83	83	the judgment. On request for a fingerprint under this subsection,
84	84	the county in which the defendant is confined shall obtain a
85	85	fingerprint of the defendant and use first-class mail or other
86	86	means acceptable to the attorney representing the state and the
87	87	county to forward the fingerprint to the court accepting the plea.
88	88	SECTION 3. Article 27.19, Code of Criminal Procedure, as
89	89	added by this Act, and Article 42.14, Code of Criminal Procedure, as
90	90	amended by this Act, apply to a plea entered or to a judgment and
91	91	sentence rendered in a criminal case on or after the effective date
92	92	of this Act, regardless of whether the offense for which the plea is
93	93	entered or judgment and sentence are rendered is committed before,
94	94	on, or after that date.
95	95	SECTION 4. This Act takes effect September 1, 2009.
96	96	______________________________ ______________________________
97	97	President of the Senate Speaker of the House
98	98	I certify that H.B. No. 107 was passed by the House on April
99	99	22, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
100	100	voting; and that the House concurred in Senate amendments to H.B.
101	101	No. 107 on May 23, 2009, by the following vote: Yeas 138, Nays 0, 1
102	102	present, not voting.
103	103	______________________________
104	104	Chief Clerk of the House
105	105	I certify that H.B. No. 107 was passed by the Senate, with
106	106	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
107	107	0.
108	108	______________________________
109	109	Secretary of the Senate
110	110	APPROVED: __________________
111	111	Date
112	112	__________________
113	113	Governor