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