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A BILL TO BE ENTITLED
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AN ACT
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relating to providing certain information to criminal defendants |
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before a plea is entered or before the defendant elects to have |
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punishment assessed by a jury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.13, Code of Criminal Procedure, is |
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amended by adding Subsection (j) to read as follows: |
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(j) Before accepting a plea of guilty or a plea of nolo |
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contendere for an offense punishable as a felony, the court shall |
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admonish the defendant regarding: |
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(1) the applicable provisions governing whether the |
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judge or a jury will assess punishment in the case; |
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(2) the range of punishments the judge or jury is |
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authorized to consider; and |
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(3) the effect of judge or jury sentencing on the |
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eligibility of the defendant for: |
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(A) judge-ordered community supervision under |
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Article 42A.053; |
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(B) jury-recommended community supervision under |
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Article 42A.055; and |
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(C) deferred adjudication community supervision |
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under Subchapter C, Chapter 42A. |
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SECTION 2. Chapter 28, Code of Criminal Procedure, is |
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amended by adding Article 28.15 to read as follows: |
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Art. 28.15. JURY SENTENCING. Before a defendant who is |
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charged with an offense punishable as a felony files a sworn motion |
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for community supervision as provided by Article 42A.055(b) or |
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elects in writing to have punishment assessed by a jury, the court |
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shall admonish the defendant regarding: |
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(1) the range of punishments the judge or jury is |
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authorized to consider; and |
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(2) the effect of judge or jury sentencing on the |
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eligibility of the defendant for: |
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(A) judge-ordered community supervision under |
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Article 42A.053; |
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(B) jury-recommended community supervision under |
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Article 42A.055; and |
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(C) deferred adjudication community supervision |
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under Subchapter C, Chapter 42A. |
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SECTION 3. The changes in law made by this Act apply to a |
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plea of guilty or nolo contendere entered or a motion or election |
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for a jury to assess punishment made on or after the effective date |
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of this Act, regardless of whether the offense with reference to |
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which the plea is entered or motion or election is made is committed |
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before, on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2021. |