Texas 2017 - 85th Regular

Texas House Bill HB2680 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R4497 JCG-D
2	2	By: Canales H.B. No. 2680
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and promulgation of certain standard forms
8	8	for statewide use in criminal actions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 72, Government Code, is
11	11	amended by adding Section 72.0245 to read as follows:
12	12	Sec. 72.0245. STANDARD FORMS IN CRIMINAL ACTIONS. (a) The
13	13	office shall create and promulgate for use in criminal actions by
14	14	the courts standard forms for:
15	15	(1) waiving a jury trial and entering a plea of guilty
16	16	or nolo contendere in a felony case under Article 1.15, Code of
17	17	Criminal Procedure, including for:
18	18	(A) the waiver of appearance, confrontation, and
19	19	cross-examination of witnesses;
20	20	(B) the defendant's consent to an oral
21	21	stipulation of evidence and testimony; and
22	22	(C) the introduction of any documentary
23	23	evidence;
24	24	(2) waiving a jury trial and entering a plea of guilty
25	25	or nolo contendere in a misdemeanor case under Article 27.14, Code
26	26	of Criminal Procedure;
27	27	(3) a trial court to admonish a defendant under
28	28	Article 26.13, Code of Criminal Procedure, and, if applicable,
29	29	Article 27.14(e), Code of Criminal Procedure, before accepting the
30	30	defendant's plea of guilty or nolo contendere;
31	31	(4) a defendant who receives admonitions in writing
32	32	under Article 26.13, Code of Criminal Procedure, to acknowledge
33	33	that the defendant understands the admonitions and is aware of the
34	34	consequences of the defendant's plea;
35	35	(5) a trial court to enter into the record the court's
36	36	certification of a defendant's right to appeal under Rule
37	37	25.2(a)(2), Texas Rules of Appellate Procedure;
38	38	(6) waiving the defendant's right to discovery under
39	39	Article 39.14, Code of Criminal Procedure;
40	40	(7) acknowledging the disclosure, receipt, and list of
41	41	all evidence provided to the defendant under Article 39.14, Code of
42	42	Criminal Procedure, as required by Subsection (j) of that article;
43	43	(8) documenting the punishment that the prosecutor
44	44	recommends as part of a plea bargain agreement, including a
45	45	defendant's consent to waiving certain appeal rights under Rule
46	46	25.2(a)(2), Texas Rules of Appellate Procedure, if the punishment
47	47	assessed by the court does not exceed the punishment recommended by
48	48	the prosecutor and agreed to by the defendant; and
49	49	(9) waiving a defendant's right to an expunction or to
50	50	an order of nondisclosure of criminal history record information.
51	51	(b) The office shall update the forms as necessary.
52	52	(c) The supreme court by rule shall set the date by which all
53	53	courts with jurisdiction over criminal actions must adopt and use
54	54	the forms created under Subsection (a), and if updated, the date by
55	55	which those courts must adopt and use a form updated under
56	56	Subsection (b).
57	57	(d) A court shall accept a form promulgated by the office
58	58	under this section unless the form has been completed in a manner
59	59	that causes a substantive defect that cannot be cured.
60	60	SECTION 2. Not later than September 1, 2018, the Office of
61	61	Court Administration of the Texas Judicial System shall create and
62	62	promulgate the forms required by Section 72.0245, Government Code,
63	63	as added by this Act.
64	64	SECTION 3. This Act takes effect September 1, 2017.