Texas Senate Bill SB1522

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/18/11
• Voted on by Senate: 4/26/11
• Out of House Committee: 5/20/11
• Voted on by House: 5/23/11
• Engrossed: 4/26/11
• Governor Action: 6/17/11
• Refer: 5/2/11
• Report Pass: 5/18/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the entering of a plea in a criminal case by a defendant confined in a penal institution.

Impact

With the implementation of SB1522, the Code of Criminal Procedure will be amended to include new guidelines specifically designed for defendants in custody. The bill impacts how pleas are processed for individuals who may otherwise be limited by their physical absence from the courtroom. The legal framework allows for modernized practices through the acceptance of written pleas, encouraging efficiency in judicial proceedings involving incarcerated individuals.

Summary

SB1522 aims to modify the process through which a defendant confined in a penal institution can enter a plea of guilty or nolo contendere. The bill mandates that such pleas can be accepted by courts either according to procedures set forth in previous articles or in writing. This provision allows for remote or electronic submission, which expands options for those incarcerated. To ensure proper legal process, the bill requires that defendants be notified of their rights and given reasonable opportunities to seek counsel before proceeding with a plea.

Contention

One of the notable points of contention surrounding SB1522 is the potential implications for defendants' rights. While the bill aims to streamline the plea process, concerns exist regarding the adequacy of legal representation and the possibility that defendants might feel pressured to waive their right to counsel. Critics argue that without proper safeguards, the rapid processing of pleas could undermine fair trial rights, while proponents maintain that it enhances access to legal redress for those unable to attend court in person.