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Amend Floor Amendment No. 1 to CSSB 21 by adding the following
appropriately numbered Section and renumbering subsequent sections
accordingly:
SECTION ____. Article 26.13(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before [Prior to] accepting a plea of guilty or a plea of
nolo contendere, the court shall admonish the defendant of:
(1) the range of the punishment attached to the
offense;
(2) the fact that the recommendation of the
prosecuting attorney as to punishment is not binding on the court.
Provided that the court shall inquire as to the existence of any
plea bargaining agreements between the state and the defendant and,
in the event that such an agreement exists, the court shall inform
the defendant whether it will follow or reject such agreement in
open court and before any finding on the plea. Should the court
reject any such agreement, the defendant shall be permitted to
withdraw the defendant's [his] plea of guilty or nolo contendere;
(3) the fact that if the punishment assessed does not
exceed the punishment recommended by the prosecutor and agreed to
by the defendant and the defendant's [his] attorney, the trial
court must give its permission to the defendant before the
defendant [he] may prosecute an appeal on any matter in the case
except for those matters raised by written motions filed before
[prior to] trial;
(4) the fact that if the defendant is not a citizen of
the United States of America, a plea of guilty or nolo contendere
for the offense charged may result in deportation, the exclusion
from admission to this country, or the denial of naturalization
under federal law; [and]
(5) the fact that the defendant will be required to
meet the registration requirements of Chapter 62, if the defendant
is convicted of or placed on deferred adjudication for an offense
for which a person is subject to registration under that chapter;
and
(6) the fact that the state imposes additional fees or
financial obligations on the defendant in connection with the plea
and the amounts of those fees and financial obligations.