| 1 | 1 | | 86R3591 MAW-D |
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| 2 | 2 | | By: Walle H.B. No. 2130 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the duties of the court regarding a plea bargain |
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| 8 | 8 | | agreement that requires a defendant to pay costs associated with |
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| 9 | 9 | | court-appointed counsel. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 26.13, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (h-2) to read as follows: |
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| 13 | 13 | | (h-2)(1) Before accepting a plea of guilty or a plea of nolo |
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| 14 | 14 | | contendere in a case in which a plea bargain agreement exists, the |
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| 15 | 15 | | court shall inquire as to whether the agreement requires the |
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| 16 | 16 | | defendant to pay in part or in whole the costs of legal services |
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| 17 | 17 | | provided to the defendant in accordance with Article 1.051(c) or |
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| 18 | 18 | | (d), including any expenses and costs. |
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| 19 | 19 | | (2) If the plea bargain agreement requires payment of |
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| 20 | 20 | | the costs of legal services as described by Subdivision (1), the |
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| 21 | 21 | | court shall determine, in accordance with Articles 26.05(g) and |
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| 22 | 22 | | 42A.301(b)(11), the amount the defendant is able to pay for the |
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| 23 | 23 | | legal services. |
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| 24 | 24 | | (3) The failure of the court to comply with |
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| 25 | 25 | | Subdivision (1) or (2) is not a ground for the defendant to set |
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| 26 | 26 | | aside the conviction, sentence, or plea, except that after |
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| 27 | 27 | | imposition of the sentence or placement on community supervision, |
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| 28 | 28 | | including deferred adjudication community supervision, any order |
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| 29 | 29 | | requiring the defendant to pay an amount for legal services becomes |
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| 30 | 30 | | void if the court does not substantially comply with those |
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| 31 | 31 | | subdivisions. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to a plea of guilty or nolo contendere entered on or after the |
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| 34 | 34 | | effective date of this Act, regardless of whether the offense with |
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| 35 | 35 | | reference to which the plea is entered is committed before, on, or |
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| 36 | 36 | | after that date. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2019. |
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