Texas 2019 - 86th Regular

Texas House Bill HB51 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 51
	1	+	By: Canales (Senate Sponsor - Zaffirini) H.B. No. 51
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 15, 2019, reported favorably by the
	5	+	following vote: Yeas 6, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation and promulgation of certain standard forms
6	12		for statewide use in criminal actions.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter C, Chapter 72, Government Code, is
9	15		amended by adding Section 72.0245 to read as follows:
10	16		Sec. 72.0245. STANDARD FORMS IN CRIMINAL ACTIONS. (a) The
11	17		office shall create and promulgate for use in criminal actions by
12	18		the courts standard forms for:
13	19		(1) waiving a jury trial and entering a plea of guilty
14	20		or nolo contendere in a felony case under Article 1.15, Code of
15	21		Criminal Procedure, including for:
16	22		(A) the waiver of appearance, confrontation, and
17	23		cross-examination of witnesses;
18	24		(B) the defendant's consent to an oral
19	25		stipulation of evidence and testimony; and
20	26		(C) the introduction of any documentary
21	27		evidence;
22	28		(2) waiving a jury trial and entering a plea of guilty
23	29		or nolo contendere in a misdemeanor case under Article 27.14, Code
24	30		of Criminal Procedure;
25	31		(3) a trial court to admonish a defendant under
26	32		Article 26.13, Code of Criminal Procedure, and, if applicable,
27	33		Article 27.14(e), Code of Criminal Procedure, before accepting the
28	34		defendant's plea of guilty or nolo contendere;
29	35		(4) a defendant who receives admonitions in writing
30	36		under Article 26.13, Code of Criminal Procedure, to acknowledge
31	37		that the defendant understands the admonitions and is aware of the
32	38		consequences of the defendant's plea;
33	39		(5) a trial court to enter into the record the court's
34	40		certification of a defendant's right to appeal under Rule
35	41		25.2(a)(2), Texas Rules of Appellate Procedure;
36	42		(6) waiving the defendant's right to discovery under
37	43		Article 39.14, Code of Criminal Procedure;
38	44		(7) acknowledging the disclosure, receipt, and list of
39	45		all evidence provided to the defendant under Article 39.14, Code of
40	46		Criminal Procedure, as required by Subsection (j) of that article;
41	47		(8) documenting the punishment that the prosecutor
42	48		recommends as part of a plea bargain agreement, including a
43	49		defendant's consent to waiving certain appeal rights under Rule
44	50		25.2(a)(2), Texas Rules of Appellate Procedure, if the punishment
45	51		assessed by the court does not exceed the punishment recommended by
46	52		the prosecutor and agreed to by the defendant; and
47	53		(9) waiving a defendant's right to an expunction or to
48	54		an order of nondisclosure of criminal history record information.
49	55		(b) The office shall update the forms as necessary.
50	56		(c) The supreme court by rule shall set the date by which all
51	57		courts with jurisdiction over criminal actions must adopt and use
52	58		the forms created under Subsection (a), and if updated, the date by
53	59		which those courts must adopt and use a form updated under
54	60		Subsection (b).
55	61		(d) A court shall accept a form promulgated by the office
56	62		under this section unless the form has been completed in a manner
57	63		that causes a substantive defect that cannot be cured.
58	64		SECTION 2. Not later than September 1, 2020, the Office of
59	65		Court Administration of the Texas Judicial System shall create and
60	66		promulgate the forms required by Section 72.0245, Government Code,
61	67		as added by this Act.
62	68		SECTION 3. This Act takes effect September 1, 2019.
63		-	______________________________ ______________________________
64		-	President of the Senate Speaker of the House
65		-	I certify that H.B. No. 51 was passed by the House on April
66		-	12, 2019, by the following vote: Yeas 144, Nays 0, 1 present, not
67		-	voting.
68		-	______________________________
69		-	Chief Clerk of the House
70		-	I certify that H.B. No. 51 was passed by the Senate on May 21,
71		-	2019, by the following vote: Yeas 31, Nays 0.
72		-	______________________________
73		-	Secretary of the Senate
74		-	APPROVED: _____________________
75		-	Date
76		-	_____________________
77		-	Governor
	69	+	* * * * *