By: Hinojosa S.B. No. 1522
(In the Senate - Filed March 10, 2011; March 22, 2011, read
first time and referred to Committee on Criminal Justice;
April 18, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; April 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the entering of a plea in a criminal case by a defendant
confined in a penal institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 27.19, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Notwithstanding any other provision of this code, a
court shall accept a plea of guilty or nolo contendere from a
defendant who is confined in a penal institution if the plea is
made:
(1) in accordance with the procedure established by
Article 27.18; or
(2) in writing, including a writing delivered by
United States mail or secure electronic or facsimile transmission,
before the appropriate court having jurisdiction in the county in
which the penal institution is located, provided that:
(A) the defendant is notified by the court of
original jurisdiction of the right to counsel and the procedures
for requesting appointment of counsel, and is provided a reasonable
opportunity to request a court-appointed lawyer;
(B) if the defendant elects to proceed without
counsel, the defendant must waive the right to counsel in
accordance with Article 1.051;
(C) the defendant must waive the right to be
present at the taking of the plea or to have counsel present, if the
defendant has counsel; and
(D) if the defendant is charged with a felony,
judgment and sentence are rendered in accordance with the
conditions and the procedure established by Article 42.14(b).
(c) Before accepting a plea submitted under Subsection
(a)(2), the court shall verify that the person submitting the plea
is:
(1) the defendant named in the information or
indictment; or
(2) a person with legal authority to act for the
defendant named in the information or indictment.
SECTION 2. Article 27.19, Code of Criminal Procedure, as
amended 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, 2011.
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