By Dunnam H.B. No. 3488
76R9355 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a court to admonish certain defendants
1-3 entering a plea of guilty or nolo contendere of the sex offender
1-4 registration requirements.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 26.13(a), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (a) Prior to accepting a plea of guilty or a plea of nolo
1-9 contendere, the court shall admonish the defendant of:
1-10 (1) the range of the punishment attached to the
1-11 offense;
1-12 (2) the fact that the recommendation of the
1-13 prosecuting attorney as to punishment is not binding on the court.
1-14 Provided that the court shall inquire as to the existence of any
1-15 plea bargaining agreements between the state and the defendant and,
1-16 in the event that such an agreement exists, the court shall inform
1-17 the defendant whether it will follow or reject such agreement in
1-18 open court and before any finding on the plea. Should the court
1-19 reject any such agreement, the defendant shall be permitted to
1-20 withdraw his plea of guilty or nolo contendere;
1-21 (3) the fact that if the punishment assessed does not
1-22 exceed the punishment recommended by the prosecutor and agreed to
1-23 by the defendant and his attorney, the trial court must give its
1-24 permission to the defendant before he may prosecute an appeal on
2-1 any matter in the case except for those matters raised by written
2-2 motions filed prior to trial; [and]
2-3 (4) the fact that if the defendant is not a citizen of
2-4 the United States of America, a plea of guilty or nolo contendere
2-5 for the offense charged may result in deportation, the exclusion
2-6 from admission to this country, or the denial of naturalization
2-7 under federal law; and
2-8 (5) the fact that the defendant will be required to
2-9 meet the registration requirements of Chapter 62, as added by
2-10 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
2-11 if the defendant is convicted of or placed on deferred adjudication
2-12 for an offense for which a person is subject to registration under
2-13 that chapter, and a description of the duration of the registration
2-14 requirements applicable to the defendant.
2-15 SECTION 2. The change in law made by this Act applies only
2-16 to a criminal proceeding commenced on or after the effective date
2-17 of this Act. A criminal proceeding commenced before the effective
2-18 date of this Act is covered by the law in effect when the
2-19 proceeding was commenced, and the former law is continued in effect
2-20 for that purpose.
2-21 SECTION 3. This Act takes effect September 1, 1999.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.