| 1 | | - | H.B. No. 1996 |
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| 1 | + | By: Leman (Senate Sponsor - Huffman, Zaffirini) H.B. No. 1996 |
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| 2 | + | (In the Senate - Received from the House April 23, 2019; |
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| 3 | + | April 24, 2019, read first time and referred to Committee on State |
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| 4 | + | Affairs; April 29, 2019, reported favorably by the following vote: |
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| 5 | + | Yeas 8, Nays 0; April 29, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to admonitions given by a court to a defendant before |
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| 6 | 12 | | accepting a plea of guilty or nolo contendere. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Article 26.13, Code of Criminal Procedure, is |
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| 9 | 15 | | amended by amending Subsection (d) and adding Subsection (d-1) to |
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| 10 | 16 | | read as follows: |
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| 11 | 17 | | (d) Except as provided by Subsection (d-1), the [The] court |
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| 12 | 18 | | may make the admonitions required by this article either orally or |
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| 13 | 19 | | in writing. If the court makes the admonitions in writing, it must |
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| 14 | 20 | | receive a statement signed by the defendant and the defendant's |
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| 15 | 21 | | attorney that the defendant [he] understands the admonitions and is |
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| 16 | 22 | | aware of the consequences of the [his] plea. If the defendant is |
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| 17 | 23 | | unable or refuses to sign the statement, the court shall make the |
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| 18 | 24 | | admonitions orally. |
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| 19 | 25 | | (d-1) The court shall make the admonition required by |
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| 20 | 26 | | Subsection (a)(4) both orally and in writing. Unless the court has |
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| 21 | 27 | | received the statement as described by Subsection (d), the court |
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| 22 | 28 | | must receive a statement signed by the defendant and the |
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| 23 | 29 | | defendant's attorney that the defendant understands the admonition |
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| 24 | 30 | | required by Subsection (a)(4) and is aware of the consequences of |
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| 25 | 31 | | the plea. If the defendant is unable or refuses to sign the |
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| 26 | 32 | | statement, the court shall make a record of that fact. |
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| 27 | 33 | | SECTION 2. Article 26.13, Code of Criminal Procedure, as |
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| 28 | 34 | | amended by this Act, applies only to a plea of guilty or a plea of |
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| 29 | 35 | | nolo contendere accepted by a court on or after September 1, 2019, |
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| 30 | 36 | | regardless of whether the offense for which the plea was submitted |
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| 31 | 37 | | was committed before, on, or after that date. |
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| 32 | 38 | | SECTION 3. This Act takes effect September 1, 2019. |
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| 33 | | - | ______________________________ ______________________________ |
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| 34 | | - | President of the Senate Speaker of the House |
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| 35 | | - | I certify that H.B. No. 1996 was passed by the House on April |
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| 36 | | - | 17, 2019, by the following vote: Yeas 133, Nays 5, 3 present, not |
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| 37 | | - | voting. |
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| 38 | | - | ______________________________ |
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| 39 | | - | Chief Clerk of the House |
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| 40 | | - | I certify that H.B. No. 1996 was passed by the Senate on May |
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| 41 | | - | 10, 2019, by the following vote: Yeas 31, Nays 0. |
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| 42 | | - | ______________________________ |
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| 43 | | - | Secretary of the Senate |
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| 44 | | - | APPROVED: _____________________ |
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| 45 | | - | Date |
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| 46 | | - | _____________________ |
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| 47 | | - | Governor |
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| 39 | + | * * * * * |
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