81R5182 SJM-D
By: Dukes H.B. No. 1644
A BILL TO BE ENTITLED
AN ACT
relating to admonishments given to a person charged with a
misdemeanor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains written notice of the time and place the person
must appear before a magistrate, the name and address of the person
charged, [and] the offense charged, and the following admonishment,
in boldfaced or underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(9) or Section 46.04(b), Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
purchase a firearm, you should consult an attorney."
SECTION 2. Article 26.13(a), Code of Criminal Procedure, is
amended to read as follows:
(a) Prior to accepting a plea of guilty or a plea of nolo
contendere, the court shall admonish the defendant of:
(1) the range of the punishment attached to the
offense;
(2) the fact that the recommendation of the
prosecuting attorney as to punishment is not binding on the
court. Provided that the court shall inquire as to the existence
of any plea bargaining agreements between the state and the
defendant and, in the event that such an agreement exists, the court
shall inform the defendant whether it will follow or reject such
agreement in open court and before any finding on the plea. Should
the court reject any such agreement, the defendant shall be
permitted to withdraw his plea of guilty or nolo contendere;
(3) the fact that if the punishment assessed does not
exceed the punishment recommended by the prosecutor and agreed to
by the defendant and his attorney, the trial court must give its
permission to the defendant before he may prosecute an appeal on any
matter in the case except for those matters raised by written
motions filed prior to trial;
(4) the fact that if the defendant is not a citizen of
the United States of America, a plea of guilty or nolo contendere
for the offense charged may result in deportation, the exclusion
from admission to this country, or the denial of naturalization
under federal law; and
(5) the fact that the defendant will be required to
meet the registration requirements of Chapter 62, if the defendant
is convicted of or placed on deferred adjudication for an offense
for which a person is subject to registration under that chapter[;
and
[(6) the fact that it is unlawful for the defendant to
possess or transfer a firearm or ammunition if the defendant is
convicted of a misdemeanor involving family violence, as defined by
Section 71.004, Family Code].
SECTION 3. Article 27.14, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e)(1) Before accepting a plea of guilty or a plea of nolo
contendere by a defendant charged with a misdemeanor involving
family violence, as defined by Section 71.004, Family Code, the
court shall admonish the defendant by using the following
statement:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(9) or Section 46.04(b), Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
purchase a firearm, you should consult an attorney."
(2) The court may provide the admonishment under
Subdivision (1) orally or in writing, except that if the defendant
is charged with a misdemeanor punishable by fine only, the
statement printed on a citation issued under Article 14.06(b) may
serve as the court admonishment required by this subsection.
SECTION 4. 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 occurred
before that date.
SECTION 5. This Act takes effect September 1, 2009.