| 1 | 1 | | By: Guillen (Senate Sponsor - Rodriguez) H.B. No. 2679 |
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| 2 | 2 | | (In the Senate - Received from the House May 9, 2013; |
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| 3 | 3 | | May 9, 2013, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 15, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 6, Nays 0; May 15, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to permitting an alternative plea for a defendant detained |
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| 11 | 11 | | in jail pending trial for a Class C misdemeanor. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 45.023, Code of Criminal Procedure, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Art. 45.023. DEFENDANT'S PLEA. (a) After the jury is |
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| 16 | 16 | | impaneled, or after the defendant has waived trial by jury, the |
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| 17 | 17 | | defendant may: |
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| 18 | 18 | | (1) plead guilty or not guilty; |
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| 19 | 19 | | (2) enter a plea of nolo contendere; or |
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| 20 | 20 | | (3) enter the special plea of double jeopardy as |
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| 21 | 21 | | described by Article 27.05. |
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| 22 | 22 | | (b) If a defendant is detained in jail before trial, the |
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| 23 | 23 | | justice or judge may permit the defendant to enter any of the pleas |
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| 24 | 24 | | described by Subsection (a). |
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| 25 | 25 | | (c) If a defendant who is detained in jail enters a plea of |
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| 26 | 26 | | guilty or nolo contendere, the justice or judge may, after |
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| 27 | 27 | | complying with Article 15.17 and advising the defendant of the |
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| 28 | 28 | | defendant's right to trial by jury, as appropriate: |
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| 29 | 29 | | (1) accept the defendant's plea; |
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| 30 | 30 | | (2) assess a fine, determine costs, and accept payment |
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| 31 | 31 | | of the fine and costs; |
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| 32 | 32 | | (3) give the defendant credit for time served; |
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| 33 | 33 | | (4) determine whether the defendant is indigent; or |
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| 34 | 34 | | (5) discharge the defendant. |
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| 35 | 35 | | (d) Notwithstanding Article 45.037, following a plea of |
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| 36 | 36 | | guilty or nolo contendere entered under Subsection (b), a motion |
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| 37 | 37 | | for new trial must be made not later than 10 days after the |
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| 38 | 38 | | rendition of judgment and sentence, and not afterward. The justice |
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| 39 | 39 | | or judge shall grant a motion for new trial made under this |
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| 40 | 40 | | subsection. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 42 | 42 | | * * * * * |
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