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Amend Amendment No. 17 by Gattis to CSSB 909 by adding the
following appropriately numbered item to the amendment and
renumbering subsequent items of the amendment accordingly:
( ) Add the following appropriately numbered SECTIONS to the
bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 42.14, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.14. IN ABSENCE OF DEFENDANT. (a) In a misdemeanor
case, the [The] judgement and sentence [in a misdemeanor case] may
be rendered in the absence of the defendant.
(b) In a felony case, the judgement and sentence may be
rendered in the absence of the defendant only if:
(1) the defendant is imprisoned in a penal institution;
(2) the defendant in writing before a district court
having jurisdiction in the county where the defendant is
imprisoned:
(A) waives the right to be present at the
rendering of the judgement and sentence or to have counsel present;
(B) affirms that the defendant does not have
anything to say as to why the sentence should not be pronounced and
that there is no reason to prevent sentence under Article 42.07;
(C) states that the defendant has entered into a
written plea agreement with the attorney representing the state in
the prosecution of the case; and
(D) requests the judge to pronounce sentence in
the case in accordance with the plea agreement;
(3) the defendant and the attorney representing the
state in the prosecution of the case have entered into a written
plea agreement that is made a part of the record in the case; and
(4) sentence is pronounced in accordance with the plea
agreement.
(c) In this article, "penal institution" has the meaning
assigned by Section 1.07, Penal Code.
SECTION ____. Article 42.14, Code of Criminal Procedure, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect at
the time the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense was committed before that date.