81R23484 KCR-D
By: Deshotel H.B. No. 3372
Substitute the following for H.B. No. 3372:
By: McReynolds C.S.H.B. No. 3372
A BILL TO BE ENTITLED
AN ACT
relating to certain inmates entering certain pleas by mail or
certain secure electronic transmissions.
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 INMATES. (a) Notwithstanding
any other provision of this code, a court shall accept a written
plea of guilty or nolo contendere with respect to a Class A or B
misdemeanor sent by United States mail or secure electronic or
facsimile transmission from an inmate who is incarcerated in a
facility operated by or under contract with the Texas Department of
Criminal Justice.
(b) Before accepting a plea under this article, the court
shall verify that the person submitting the plea is:
(1) the same person named in the information; or
(2) a person with legal authority to enter a plea on
behalf of the person named in the information.
(c) A plea submitted under Subsection (a) must be
accompanied by a waiver of jury trial.
SECTION 2. Article 27.19, Code of Criminal Procedure, as
added by this Act, applies to a plea of guilty or nolo contendere
entered on or after the effective date of this Act, regardless of
whether the offense with reference to which the plea is entered is
committed before, on, or after that date.
SECTION 3. This Act takes effect September 1, 2009.