Texas 2009 - 81st Regular

Texas Senate Bill SB1236 Compare Versions

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1	1	S.B. No. 1236
2	2
3	3
4	4	AN ACT
5	5	relating to admonishments given to a person charged with a
6	6	misdemeanor.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsection (b), Article 14.06, Code of Criminal
9	9	Procedure, is amended to read as follows:
10	10	(b) A peace officer who is charging a person, including a
11	11	child, with committing an offense that is a Class C misdemeanor,
12	12	other than an offense under Section 49.02, Penal Code, may, instead
13	13	of taking the person before a magistrate, issue a citation to the
14	14	person that contains written notice of the time and place the person
15	15	must appear before a magistrate, the name and address of the person
16	16	charged, [and] the offense charged, and the following admonishment,
17	17	in boldfaced or underlined type or in capital letters:
18	18	"If you are convicted of a misdemeanor offense involving
19	19	violence where you are or were a spouse, intimate partner, parent,
20	20	or guardian of the victim or are or were involved in another,
21	21	similar relationship with the victim, it may be unlawful for you to
22	22	possess or purchase a firearm, including a handgun or long gun, or
23	23	ammunition, pursuant to federal law under 18 U.S.C. Section
24	24	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
25	25	questions whether these laws make it illegal for you to possess or
26	26	purchase a firearm, you should consult an attorney."
27	27	SECTION 2. Subsection (a), Article 26.13, Code of Criminal
28	28	Procedure, is amended to read as follows:
29	29	(a) Prior to accepting a plea of guilty or a plea of nolo
30	30	contendere, the court shall admonish the defendant of:
31	31	(1) the range of the punishment attached to the
32	32	offense;
33	33	(2) the fact that the recommendation of the
34	34	prosecuting attorney as to punishment is not binding on the
35	35	court. Provided that the court shall inquire as to the existence
36	36	of any plea bargaining agreements between the state and the
37	37	defendant and, in the event that such an agreement exists, the court
38	38	shall inform the defendant whether it will follow or reject such
39	39	agreement in open court and before any finding on the plea. Should
40	40	the court reject any such agreement, the defendant shall be
41	41	permitted to withdraw his plea of guilty or nolo contendere;
42	42	(3) the fact that if the punishment assessed does not
43	43	exceed the punishment recommended by the prosecutor and agreed to
44	44	by the defendant and his attorney, the trial court must give its
45	45	permission to the defendant before he may prosecute an appeal on any
46	46	matter in the case except for those matters raised by written
47	47	motions filed prior to trial;
48	48	(4) the fact that if the defendant is not a citizen of
49	49	the United States of America, a plea of guilty or nolo contendere
50	50	for the offense charged may result in deportation, the exclusion
51	51	from admission to this country, or the denial of naturalization
52	52	under federal law; and
53	53	(5) the fact that the defendant will be required to
54	54	meet the registration requirements of Chapter 62, if the defendant
55	55	is convicted of or placed on deferred adjudication for an offense
56	56	for which a person is subject to registration under that chapter[;
57	57	and
58	58	[(6) the fact that it is unlawful for the defendant to
59	59	possess or transfer a firearm or ammunition if the defendant is
60	60	convicted of a misdemeanor involving family violence, as defined by
61	61	Section 71.004, Family Code].
62	62	SECTION 3. Article 27.14, Code of Criminal Procedure, is
63	63	amended by adding Subsection (e) to read as follows:
64	64	(e)(1) Before accepting a plea of guilty or a plea of nolo
65	65	contendere by a defendant charged with a misdemeanor involving
66	66	family violence, as defined by Section 71.004, Family Code, the
67	67	court shall admonish the defendant by using the following
68	68	statement:
69	69	"If you are convicted of a misdemeanor offense involving
70	70	violence where you are or were a spouse, intimate partner, parent,
71	71	or guardian of the victim or are or were involved in another,
72	72	similar relationship with the victim, it may be unlawful for you to
73	73	possess or purchase a firearm, including a handgun or long gun, or
74	74	ammunition, pursuant to federal law under 18 U.S.C. Section
75	75	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
76	76	questions whether these laws make it illegal for you to possess or
77	77	purchase a firearm, you should consult an attorney."
78	78	(2) The court may provide the admonishment under
79	79	Subdivision (1) orally or in writing, except that if the defendant
80	80	is charged with a misdemeanor punishable by fine only, the
81	81	statement printed on a citation issued under Article 14.06(b) may
82	82	serve as the court admonishment required by this subsection.
83	83	SECTION 4. The change in law made by this Act applies only
84	84	to an offense committed on or after the effective date of this Act.
85	85	An offense committed before the effective date of this Act is
86	86	governed by the law in effect at the time the offense was committed,
87	87	and the former law is continued in effect for that purpose. For
88	88	purposes of this section, an offense was committed before the
89	89	effective date of this Act if any element of the offense occurred
90	90	before that date.
91	91	SECTION 5. This Act takes effect September 1, 2009.
92	92	______________________________ ______________________________
93	93	President of the Senate Speaker of the House
94	94	I hereby certify that S.B. No. 1236 passed the Senate on
95	95	April 30, 2009, by the following vote: Yeas 31, Nays 0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	I hereby certify that S.B. No. 1236 passed the House on
99	99	May 20, 2009, by the following vote: Yeas 135, Nays 0, one
100	100	present not voting.
101	101	______________________________
102	102	Chief Clerk of the House
103	103	Approved:
104	104	______________________________
105	105	Date
106	106	______________________________
107	107	Governor