By Hinojosa H.B. No. 2188
76R7690 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedure for accepting a plea of guilty or nolo
1-3 contendere from certain misdemeanants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.31, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 45.31. DEFENDANT'S PLEA [DEFENDANT SHALL PLEAD]. (a)
1-8 After the jury is impaneled, or after the defendant has waived
1-9 trial by jury, the defendant may plead guilty or not guilty or may
1-10 enter a plea of nolo contendere, or the special plea to which
1-11 reference is made [named] in [the succeeding] Article 45.32.
1-12 (b) Before accepting a plea of guilty or a plea of nolo
1-13 contendere, the justice shall inform the defendant orally or in
1-14 writing of:
1-15 (1) the range of punishment attached to the offense;
1-16 (2) the fact that any recommendation of the
1-17 prosecuting attorney is not binding on the justice; and
1-18 (3) possible consequences of the plea, including, as
1-19 applicable, deportation, the exclusion from admission to this
1-20 country, or the denial of naturalization under federal law.
1-21 SECTION 2. The change in law made by this Act applies only
1-22 to a defendant who is charged with committing a misdemeanor offense
1-23 on or after the effective date of this Act. A defendant who is
1-24 charged with committing a misdemeanor offense before the effective
2-1 date of this Act is covered by the law in effect when the offense
2-2 was committed, and the former law is continued in effect for that
2-3 purpose. For purposes of this section, an offense was committed
2-4 before the effective date of this Act if any element of the offense
2-5 occurred before that date.
2-6 SECTION 3. This Act takes effect September 1, 1999.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.