85R9338 JSC-D
By: RodrÃguez S.B. No. 1534
A BILL TO BE ENTITLED
AN ACT
relating to the entry of a plea by defendants charged with certain
misdemeanors involving family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 27.14(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A defendant charged with a misdemeanor for which the
maximum possible punishment is by fine only may, in lieu of the
method provided in Subsection (a) [of this article], mail or
deliver in person to the court a plea of "guilty" or a plea of "nolo
contendere" and a waiver of jury trial. The defendant may also
request in writing that the court notify the defendant, at the
address stated in the request, of the amount of an appeal bond that
the court will approve. If the court receives a plea and waiver
before the time the defendant is scheduled to appear in court, the
court shall dispose of the case without requiring a court
appearance by the defendant. If the court receives a plea and
waiver after the time the defendant is scheduled to appear in court
but at least five business days before a scheduled trial date, the
court shall dispose of the case without requiring a court
appearance by the defendant. The court shall notify the defendant
either in person or by certified mail, return receipt requested, of
the amount of any fine assessed in the case and, if requested by the
defendant, the amount of an appeal bond that the court will approve.
The defendant shall pay any fine assessed or give an appeal bond in
the amount stated in the notice before the 31st day after receiving
the notice. This subsection does not apply to a defendant charged
with a misdemeanor involving family violence, as defined by Section
71.004, Family Code.
SECTION 2. Article 27.14(e)(2), Code of Criminal Procedure,
is amended to read as follows:
(2) The court may provide the admonishment under
Subdivision (1) orally or in writing[, except that if the defendant
is charged with a misdemeanor punishable by fine only, the
statement printed on a citation issued under Article 14.06(b) may
serve as the court admonishment required by this subsection].
SECTION 3. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0212 to read as follows:
Art. 45.0212. PLEA BY DEFENDANT CHARGED WITH FAMILY
VIOLENCE OFFENSE. (a) In this article, "family violence" has the
meaning assigned by Section 71.004, Family Code.
(b) If a defendant is charged with an offense involving
family violence, the judge or justice must take the defendant's
plea in open court.
SECTION 4. The change in law made by this Act applies only
to the entry of a plea with respect to an offense committed on or
after the effective date of this Act. The entry of a plea with
respect to an offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 5. This Act takes effect September 1, 2017.