H.B. No. 107
AN ACT
relating to allowing for certain criminal proceedings in the
absence of certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 27, Code of Criminal Procedure, is
amended by adding Article 27.19 to read as follows:
Art. 27.19. PLEA BY CERTAIN DEFENDANTS.
(a) Notwithstanding any other provision of this code, a court
shall accept a plea of guilty or nolo contendere from a defendant
who is confined in a penal institution if the plea is made:
(1) in accordance with the procedure established by
Article 27.18; or
(2) in writing before the appropriate court having
jurisdiction in the county in which the penal institution is
located, provided that:
(A) the defendant is notified by the court of
original jurisdiction of the right to counsel and the procedures
for requesting appointment of counsel, and is provided a reasonable
opportunity to request a court-appointed lawyer;
(B) if the defendant elects to proceed without
counsel, the defendant must waive the right to counsel in
accordance with Article 1.051;
(C) the defendant must waive the right to be
present at the taking of the plea or to have counsel present, if the
defendant has counsel; and
(D) if the defendant is charged with a felony,
judgment and sentence are rendered in accordance with the
conditions and the procedure established by Article 42.14(b).
(b) In this article, "penal institution" has the meaning
assigned by Section 1.07, Penal Code.
SECTION 2. 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 confined 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 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 the appropriate
court having jurisdiction in the county in which the penal
institution is located:
(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 court 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) A judgment and sentence may be rendered under this
article in the absence of the defendant only after the defendant is
notified by the court of original jurisdiction of the right to
counsel and the defendant requests counsel or waives the right to
counsel in accordance with Article 1.051.
(d) In this article, "deadly weapon" and "penal
institution" have the meanings assigned by Section 1.07, Penal
Code.
(e) If a defendant enters a plea of guilty or nolo
contendere under Article 27.19, the attorney representing the state
may request at the time the plea is entered that the defendant
submit a fingerprint of the defendant suitable for attachment to
the judgment. On request for a fingerprint under this subsection,
the county in which the defendant is confined shall obtain a
fingerprint of the defendant and use first-class mail or other
means acceptable to the attorney representing the state and the
county to forward the fingerprint to the court accepting the plea.
SECTION 3. Article 27.19, Code of Criminal Procedure, as
added by this Act, and Article 42.14, Code of Criminal Procedure, as
amended by this Act, apply to a plea entered or to a judgment and
sentence rendered in a criminal case on or after the effective date
of this Act, regardless of whether the offense for which the plea is
entered or judgment and sentence are rendered is committed before,
on, or after that date.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 107 was passed by the House on April
22, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 107 on May 23, 2009, by the following vote: Yeas 138, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 107 was passed by the Senate, with
amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor