| 1 | 1 | | By: Herrero H.B. No. 4252 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to certain inmates entering certain pleas by mail or |
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| 7 | 7 | | certain secure electronic transmissions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 27, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Article 27.19 to read as follows: |
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| 11 | 11 | | Art. 27.19. PLEA BY CERTAIN INMATES. (a) Notwithstanding |
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| 12 | 12 | | any other provision of this code, a court shall accept a plea of |
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| 13 | 13 | | guilty or nolo contendere with respect to a Class A or B misdemeanor |
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| 14 | 14 | | sent by United States mail or secure electronic or facsimile |
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| 15 | 15 | | transmission from an inmate who is incarcerated in a facility |
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| 16 | 16 | | operated by or under contract with the Texas Department of Criminal |
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| 17 | 17 | | Justice. |
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| 18 | 18 | | (b) Before accepting a plea under this article, the court |
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| 19 | 19 | | shall verify that the person submitting the plea is: |
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| 20 | 20 | | (1) the same person named in the information; or |
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| 21 | 21 | | (2) a person with legal authority to enter a plea on |
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| 22 | 22 | | behalf of the person named in the information. |
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| 23 | 23 | | SECTION 2. Article 27.19, Code of Criminal Procedure, as |
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| 24 | 24 | | added by this Act, applies to a plea of guilty or nolo contendere |
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| 25 | 25 | | entered on or after the effective date of this Act, regardless of |
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| 26 | 26 | | whether the offense with reference to which the plea is entered is |
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| 27 | 27 | | committed before, on, or after that date. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2009. |
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