By: Huffman, Lucio S.B. No. 1010
A BILL TO BE ENTITLED
AN ACT
relating to providing a victim, guardian of a victim, or close
relative of a deceased victim with notice of a plea bargain
agreement in certain criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (e), Article 26.13, Code of
Criminal Procedure, are 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 a [any]
plea bargain agreement [bargaining agreements] between the state
and the defendant and, if [in the event that such] an agreement
exists, the court shall inform the defendant whether it will follow
or reject the [such] agreement in open court and before any finding
on the plea. Should the court reject the [any such] agreement, the
defendant shall be permitted to withdraw the defendant's [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 the defendant's [his] attorney, the trial
court must give its permission to the defendant before the
defendant [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.
(e) Before accepting a plea of guilty or a plea of nolo
contendere, the court shall, as applicable in the case:
(1) inquire as to whether a victim impact statement
has been returned to the attorney representing the state and ask for
a copy of the statement if one has been returned; and
(2) inquire as to whether the attorney representing
the state has given notice of the existence and terms of any plea
bargain agreement to the victim, guardian of a victim, or close
relative of a deceased victim, as those terms are defined by Article
56.01.
SECTION 2. Article 56.08, Code of Criminal Procedure, is
amended by amending Subsections (b) and (e) and adding Subsection
(b-1) to read as follows:
(b) If requested by the victim, the attorney representing
the state, as far as reasonably practical, shall give to the victim
notice of any scheduled court proceedings, changes in that
schedule, and the filing of a request for continuance of a trial
setting[, and any plea agreements to be presented to the court].
(b-1) The attorney representing the state, as far as
reasonably practical, shall give to the victim, guardian of a
victim, or close relative of a deceased victim notice of the
existence and terms of any plea bargain agreement to be presented to
the court.
(e) The brief general statement describing the plea
bargaining stage in a criminal trial required by Subsection (a)(1)
shall include a statement that:
(1) the victim impact statement provided by the
victim, guardian of a victim, or close relative of a deceased victim
will be considered by the attorney representing the state in
entering into the plea bargain agreement; and
(2) the judge before accepting the plea bargain
agreement is required under Article [Section] 26.13(e) to ask:
(A) whether a victim impact statement has been
returned to the attorney; [and]
(B) if a victim impact statement has been
returned, for a copy of the statement; and
(C) whether the attorney representing the state
has given the victim, guardian of a victim, or close relative of a
deceased victim notice of the existence and terms of the plea
bargain agreement.
SECTION 3. (a) The change in law made by this Act applies
only to a plea bargain agreement that is presented to a court on or
after the effective date of this Act.
(b) A plea bargain agreement that is presented to a court
before the effective date of this Act is covered by the law in
effect when the agreement was presented, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.