| 1 | 1 | | 86R5244 AJZ-D |
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| 2 | 2 | | By: Collier H.B. No. 2896 |
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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 entry of a plea by defendants charged with certain |
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| 8 | 8 | | misdemeanors involving family violence. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 27.14(b), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) A defendant charged with a misdemeanor for which the |
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| 13 | 13 | | maximum possible punishment is by fine only may, in lieu of the |
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| 14 | 14 | | method provided in Subsection (a), mail or deliver in person to the |
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| 15 | 15 | | court a plea of "guilty" or a plea of "nolo contendere" and a waiver |
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| 16 | 16 | | of jury trial. The defendant may also request in writing that the |
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| 17 | 17 | | court notify the defendant, at the address stated in the request, of |
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| 18 | 18 | | the amount of an appeal bond that the court will approve. If the |
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| 19 | 19 | | court receives a plea and waiver before the time the defendant is |
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| 20 | 20 | | scheduled to appear in court, the court shall dispose of the case |
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| 21 | 21 | | without requiring a court appearance by the defendant. If the court |
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| 22 | 22 | | receives a plea and waiver after the time the defendant is scheduled |
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| 23 | 23 | | to appear in court but at least five business days before a |
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| 24 | 24 | | scheduled trial date, the court shall dispose of the case without |
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| 25 | 25 | | requiring a court appearance by the defendant. The court shall |
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| 26 | 26 | | notify the defendant either in person or by regular mail of the |
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| 27 | 27 | | amount of any fine or costs assessed in the case, information |
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| 28 | 28 | | regarding the alternatives to the full payment of any fine or costs |
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| 29 | 29 | | assessed against the defendant, if the defendant is unable to pay |
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| 30 | 30 | | that amount, and, if requested by the defendant, the amount of an |
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| 31 | 31 | | appeal bond that the court will approve. Except as otherwise |
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| 32 | 32 | | provided by this code, the defendant shall pay any fine or costs |
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| 33 | 33 | | assessed or give an appeal bond in the amount stated in the notice |
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| 34 | 34 | | before the 31st day after receiving the notice. This subsection |
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| 35 | 35 | | does not apply to a defendant charged with a misdemeanor involving |
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| 36 | 36 | | family violence, as defined by Section 71.004, Family Code. |
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| 37 | 37 | | SECTION 2. Article 27.14(e)(2), Code of Criminal Procedure, |
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| 38 | 38 | | is amended to read as follows: |
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| 39 | 39 | | (2) The court may provide the admonishment under |
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| 40 | 40 | | Subdivision (1) orally or in writing[, except that if the defendant |
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| 41 | 41 | | is charged with a misdemeanor punishable by fine only, the |
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| 42 | 42 | | statement printed on a citation issued under Article 14.06(b) may |
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| 43 | 43 | | serve as the court admonishment required by this subsection]. |
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| 44 | 44 | | SECTION 3. Subchapter B, Chapter 45, Code of Criminal |
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| 45 | 45 | | Procedure, is amended by adding Article 45.0211 to read as follows: |
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| 46 | 46 | | Art. 45.0211. PLEA BY DEFENDANT CHARGED WITH FAMILY |
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| 47 | 47 | | VIOLENCE OFFENSE. (a) In this article, "family violence" has the |
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| 48 | 48 | | meaning assigned by Section 71.004, Family Code. |
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| 49 | 49 | | (b) If a defendant is charged with an offense involving |
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| 50 | 50 | | family violence, the judge or justice must take the defendant's |
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| 51 | 51 | | plea in open court. |
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| 52 | 52 | | SECTION 4. The change in law made by this Act applies only |
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| 53 | 53 | | to the entry of a plea with respect to an offense committed on or |
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| 54 | 54 | | after the effective date of this Act. The entry of a plea with |
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| 55 | 55 | | respect to an offense committed before the effective date of this |
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| 56 | 56 | | Act is governed by the law in effect on the date the offense was |
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| 57 | 57 | | committed, and the former law is continued in effect for that |
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| 58 | 58 | | purpose. For purposes of this section, an offense was committed |
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| 59 | 59 | | before the effective date of this Act if any element of the offense |
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| 60 | 60 | | occurred before that date. |
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| 61 | 61 | | SECTION 5. This Act takes effect September 1, 2019. |
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