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.