BILL ANALYSIS

 

 

 

H.B. 929

By: Anchia

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In criminal cases involving defendants in the military, pleading guilty or no contest in an effort to secure a reduced penalty for the charges may affect the defendant’s eligibility for enlistment or reenlistment in the U.S. armed forces or may result in the person’s discharge from the armed forces. It has been suggested that uniform instructions regarding the impact of a conviction resulting from such a plea will assist magistrates throughout Texas in their duties and further the administration of justice within the court. H.B. 929 seeks to address this issue by ensuring that defendants understand the possible outcomes of pleading guilty or no contest on current or future military service.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 929 amends the Code of Criminal Procedure to require a magistrate to inform a person who is arrested and taken before the magistrate that a plea of guilty or nolo contendere for the offense charged may affect the person's eligibility for enlistment or reenlistment in the U.S. armed forces or may result in the person's discharge from the U.S. armed forces.

 

EFFECTIVE DATE

 

September 1, 2019.