Texas 2009 - 81st Regular

Texas House Bill HB1644 Compare Versions

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1	1	81R5182 SJM-D
2	2	By: Dukes H.B. No. 1644
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to admonishments given to a person charged with a
8	8	misdemeanor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(b) A peace officer who is charging a person, including a
13	13	child, with committing an offense that is a Class C misdemeanor,
14	14	other than an offense under Section 49.02, Penal Code, may, instead
15	15	of taking the person before a magistrate, issue a citation to the
16	16	person that contains written notice of the time and place the person
17	17	must appear before a magistrate, the name and address of the person
18	18	charged, [and] the offense charged, and the following admonishment,
19	19	in boldfaced or underlined type or in capital letters:
20	20	"If you are convicted of a misdemeanor offense involving
21	21	violence where you are or were a spouse, intimate partner, parent,
22	22	or guardian of the victim or are or were involved in another,
23	23	similar relationship with the victim, it may be unlawful for you to
24	24	possess or purchase a firearm, including a handgun or long gun, or
25	25	ammunition, pursuant to federal law under 18 U.S.C. Section
26	26	922(g)(9) or Section 46.04(b), Penal Code. If you have any
27	27	questions whether these laws make it illegal for you to possess or
28	28	purchase a firearm, you should consult an attorney."
29	29	SECTION 2. Article 26.13(a), Code of Criminal Procedure, is
30	30	amended to read as follows:
31	31	(a) Prior to accepting a plea of guilty or a plea of nolo
32	32	contendere, the court shall admonish the defendant of:
33	33	(1) the range of the punishment attached to the
34	34	offense;
35	35	(2) the fact that the recommendation of the
36	36	prosecuting attorney as to punishment is not binding on the
37	37	court. Provided that the court shall inquire as to the existence
38	38	of any plea bargaining agreements between the state and the
39	39	defendant and, in the event that such an agreement exists, the court
40	40	shall inform the defendant whether it will follow or reject such
41	41	agreement in open court and before any finding on the plea. Should
42	42	the court reject any such agreement, the defendant shall be
43	43	permitted to withdraw his plea of guilty or nolo contendere;
44	44	(3) the fact that if the punishment assessed does not
45	45	exceed the punishment recommended by the prosecutor and agreed to
46	46	by the defendant and his attorney, the trial court must give its
47	47	permission to the defendant before he may prosecute an appeal on any
48	48	matter in the case except for those matters raised by written
49	49	motions filed prior to trial;
50	50	(4) the fact that if the defendant is not a citizen of
51	51	the United States of America, a plea of guilty or nolo contendere
52	52	for the offense charged may result in deportation, the exclusion
53	53	from admission to this country, or the denial of naturalization
54	54	under federal law; and
55	55	(5) the fact that the defendant will be required to
56	56	meet the registration requirements of Chapter 62, if the defendant
57	57	is convicted of or placed on deferred adjudication for an offense
58	58	for which a person is subject to registration under that chapter[;
59	59	and
60	60	[(6) the fact that it is unlawful for the defendant to
61	61	possess or transfer a firearm or ammunition if the defendant is
62	62	convicted of a misdemeanor involving family violence, as defined by
63	63	Section 71.004, Family Code].
64	64	SECTION 3. Article 27.14, Code of Criminal Procedure, is
65	65	amended by adding Subsection (e) to read as follows:
66	66	(e)(1) Before accepting a plea of guilty or a plea of nolo
67	67	contendere by a defendant charged with a misdemeanor involving
68	68	family violence, as defined by Section 71.004, Family Code, the
69	69	court shall admonish the defendant by using the following
70	70	statement:
71	71	"If you are convicted of a misdemeanor offense involving
72	72	violence where you are or were a spouse, intimate partner, parent,
73	73	or guardian of the victim or are or were involved in another,
74	74	similar relationship with the victim, it may be unlawful for you to
75	75	possess or purchase a firearm, including a handgun or long gun, or
76	76	ammunition, pursuant to federal law under 18 U.S.C. Section
77	77	922(g)(9) or Section 46.04(b), Penal Code. If you have any
78	78	questions whether these laws make it illegal for you to possess or
79	79	purchase a firearm, you should consult an attorney."
80	80	(2) The court may provide the admonishment under
81	81	Subdivision (1) orally or in writing, except that if the defendant
82	82	is charged with a misdemeanor punishable by fine only, the
83	83	statement printed on a citation issued under Article 14.06(b) may
84	84	serve as the court admonishment required by this subsection.
85	85	SECTION 4. The change in law made by this Act applies only
86	86	to an offense committed on or after the effective date of this Act.
87	87	An offense committed before the effective date of this Act is
88	88	governed by the law in effect at the time the offense was committed,
89	89	and the former law is continued in effect for that purpose. For
90	90	purposes of this section, an offense was committed before the
91	91	effective date of this Act if any element of the offense occurred
92	92	before that date.
93	93	SECTION 5. This Act takes effect September 1, 2009.