By: Huffman S.B. No. 415
(Collier)
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), 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 regular mail of the
amount of any fine or costs assessed in the case, information
regarding the alternatives to the full payment of any fine or costs
assessed against the defendant, if the defendant is unable to pay
that amount, and, if requested by the defendant, the amount of an
appeal bond that the court will approve. Except as otherwise
provided by this code, the defendant shall pay any fine or costs
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 45.0211 to read as follows:
Art. 45.0211. 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, 2019.