BILL ANALYSIS H.B. 244 By: Anchia Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties express concern that a criminal defendant who is a member of the military might not be aware of the impact of a guilty or nolo contendere plea on the defendant's future military service. H.B. 244 seeks to ensure that such a defendant is informed of that potential impact before entering a plea. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 244 amends the Code of Criminal Procedure to require a magistrate to inform a person who is arrested and taken before the magistrate that a plea of guilty or nolo contendere for the offense charged may affect the person's eligibility for enlistment or reenlistment in the U.S. armed forces or may result in the person's discharge from the U.S. armed forces if the person is a member of the armed forces. EFFECTIVE DATE September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 244
By: Anchia
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 244
By: Anchia
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties express concern that a criminal defendant who is a member of the military might not be aware of the impact of a guilty or nolo contendere plea on the defendant's future military service. H.B. 244 seeks to ensure that such a defendant is informed of that potential impact before entering a plea.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 244 amends the Code of Criminal Procedure to require a magistrate to inform a person who is arrested and taken before the magistrate that a plea of guilty or nolo contendere for the offense charged may affect the person's eligibility for enlistment or reenlistment in the U.S. armed forces or may result in the person's discharge from the U.S. armed forces if the person is a member of the armed forces.
EFFECTIVE DATE September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties express concern that a criminal defendant who is a member of the military might not be aware of the impact of a guilty or nolo contendere plea on the defendant's future military service. H.B. 244 seeks to ensure that such a defendant is informed of that potential impact before entering a plea.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 244 amends the Code of Criminal Procedure to require a magistrate to inform a person who is arrested and taken before the magistrate that a plea of guilty or nolo contendere for the offense charged may affect the person's eligibility for enlistment or reenlistment in the U.S. armed forces or may result in the person's discharge from the U.S. armed forces if the person is a member of the armed forces.
EFFECTIVE DATE
September 1, 2017.