| 1 | 1 | | By: Hinojosa S.B. No. 1522 |
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| 2 | 2 | | (Madden, Gallego, Carter, Burkett, Aliseda) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the entering of a plea in a criminal case by a defendant |
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| 8 | 8 | | confined in a penal institution. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 27.19, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) Notwithstanding any other provision of this code, a |
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| 14 | 14 | | court shall accept a plea of guilty or nolo contendere from a |
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| 15 | 15 | | defendant who is confined in a penal institution if the plea is |
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| 16 | 16 | | made: |
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| 17 | 17 | | (1) in accordance with the procedure established by |
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| 18 | 18 | | Article 27.18; or |
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| 19 | 19 | | (2) in writing, including a writing delivered by |
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| 20 | 20 | | United States mail or secure electronic or facsimile transmission, |
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| 21 | 21 | | before the appropriate court having jurisdiction in the county in |
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| 22 | 22 | | which the penal institution is located, provided that: |
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| 23 | 23 | | (A) the defendant is notified by the court of |
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| 24 | 24 | | original jurisdiction of the right to counsel and the procedures |
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| 25 | 25 | | for requesting appointment of counsel, and is provided a reasonable |
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| 26 | 26 | | opportunity to request a court-appointed lawyer; |
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| 27 | 27 | | (B) if the defendant elects to proceed without |
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| 28 | 28 | | counsel, the defendant must waive the right to counsel in |
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| 29 | 29 | | accordance with Article 1.051; |
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| 30 | 30 | | (C) the defendant must waive the right to be |
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| 31 | 31 | | present at the taking of the plea or to have counsel present, if the |
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| 32 | 32 | | defendant has counsel; and |
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| 33 | 33 | | (D) if the defendant is charged with a felony, |
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| 34 | 34 | | judgment and sentence are rendered in accordance with the |
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| 35 | 35 | | conditions and the procedure established by Article 42.14(b). |
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| 36 | 36 | | (c) Before accepting a plea submitted under Subsection |
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| 37 | 37 | | (a)(2), the court shall verify that the person submitting the plea |
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| 38 | 38 | | is: |
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| 39 | 39 | | (1) the defendant named in the information or |
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| 40 | 40 | | indictment; or |
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| 41 | 41 | | (2) a person with legal authority to act for the |
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| 42 | 42 | | defendant named in the information or indictment. |
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| 43 | 43 | | SECTION 2. Article 27.19, Code of Criminal Procedure, as |
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| 44 | 44 | | amended by this Act, applies to a plea of guilty or nolo contendere |
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| 45 | 45 | | entered on or after the effective date of this Act, regardless of |
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| 46 | 46 | | whether the offense with reference to which the plea is entered is |
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| 47 | 47 | | committed before, on, or after that date. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2011. |
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