| 1 | 1 | | 87R126 LHC-D |
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| 2 | 2 | | By: Wu H.B. No. 489 |
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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 providing certain information to criminal defendants |
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| 8 | 8 | | before a plea is entered or before the defendant elects to have |
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| 9 | 9 | | punishment assessed by a jury. |
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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 (j) to read as follows: |
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| 13 | 13 | | (j) Before accepting a plea of guilty or a plea of nolo |
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| 14 | 14 | | contendere for an offense punishable as a felony, the court shall |
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| 15 | 15 | | admonish the defendant regarding: |
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| 16 | 16 | | (1) the applicable provisions governing whether the |
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| 17 | 17 | | judge or a jury will assess punishment in the case; |
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| 18 | 18 | | (2) the range of punishments the judge or jury is |
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| 19 | 19 | | authorized to consider; and |
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| 20 | 20 | | (3) the effect of judge or jury sentencing on the |
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| 21 | 21 | | eligibility of the defendant for: |
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| 22 | 22 | | (A) judge-ordered community supervision under |
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| 23 | 23 | | Article 42A.053; |
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| 24 | 24 | | (B) jury-recommended community supervision under |
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| 25 | 25 | | Article 42A.055; and |
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| 26 | 26 | | (C) deferred adjudication community supervision |
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| 27 | 27 | | under Subchapter C, Chapter 42A. |
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| 28 | 28 | | SECTION 2. Chapter 28, Code of Criminal Procedure, is |
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| 29 | 29 | | amended by adding Article 28.15 to read as follows: |
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| 30 | 30 | | Art. 28.15. JURY SENTENCING. Before a defendant who is |
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| 31 | 31 | | charged with an offense punishable as a felony files a sworn motion |
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| 32 | 32 | | for community supervision as provided by Article 42A.055(b) or |
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| 33 | 33 | | elects in writing to have punishment assessed by a jury, the court |
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| 34 | 34 | | shall admonish the defendant regarding: |
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| 35 | 35 | | (1) the range of punishments the judge or jury is |
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| 36 | 36 | | authorized to consider; and |
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| 37 | 37 | | (2) the effect of judge or jury sentencing on the |
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| 38 | 38 | | eligibility of the defendant for: |
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| 39 | 39 | | (A) judge-ordered community supervision under |
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| 40 | 40 | | Article 42A.053; |
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| 41 | 41 | | (B) jury-recommended community supervision under |
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| 42 | 42 | | Article 42A.055; and |
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| 43 | 43 | | (C) deferred adjudication community supervision |
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| 44 | 44 | | under Subchapter C, Chapter 42A. |
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| 45 | 45 | | SECTION 3. The changes in law made by this Act apply to a |
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| 46 | 46 | | plea of guilty or nolo contendere entered or a motion or election |
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| 47 | 47 | | for a jury to assess punishment made on or after the effective date |
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| 48 | 48 | | of this Act, regardless of whether the offense with reference to |
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| 49 | 49 | | which the plea is entered or motion or election is made is committed |
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| 50 | 50 | | before, on, or after that date. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2021. |
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