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AN ACT
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relating to certain notifications required for persons convicted of |
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a misdemeanor involving family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Article 26.13, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Prior to accepting a plea of guilty or a plea of nolo |
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contendere, the court shall admonish the defendant of: |
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(1) the range of the punishment attached to the |
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offense; |
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(2) the fact that the recommendation of the |
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prosecuting attorney as to punishment is not binding on the court. |
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Provided that the court shall inquire as to the existence of any |
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plea bargaining agreements between the state and the defendant and, |
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in the event that such an agreement exists, the court shall inform |
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the defendant whether it will follow or reject such agreement in |
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open court and before any finding on the plea. Should the court |
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reject any such agreement, the defendant shall be permitted to |
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withdraw his plea of guilty or nolo contendere; |
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(3) the fact that if the punishment assessed does not |
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exceed the punishment recommended by the prosecutor and agreed to |
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by the defendant and his attorney, the trial court must give its |
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permission to the defendant before he may prosecute an appeal on any |
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matter in the case except for those matters raised by written |
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motions filed prior to trial; |
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(4) the fact that if the defendant is not a citizen of |
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the United States of America, a plea of guilty or nolo contendere |
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for the offense charged may result in deportation, the exclusion |
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from admission to this country, or the denial of naturalization |
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under federal law; [and] |
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(5) the fact that the defendant will be required to |
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meet the registration requirements of Chapter 62, if the defendant |
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is convicted of or placed on deferred adjudication for an offense |
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for which a person is subject to registration under that chapter; |
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and |
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(6) the fact that it is unlawful for the defendant to |
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possess or transfer a firearm or ammunition if the defendant is |
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convicted of a misdemeanor involving family violence, as defined by |
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Section 71.004, Family Code. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0131 to read as follows: |
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Art. 42.0131. REQUIRED NOTICE FOR PERSONS CONVICTED OF |
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MISDEMEANORS INVOLVING FAMILY VIOLENCE. If a person is convicted |
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of a misdemeanor involving family violence, as defined by Section |
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71.004, Family Code, the court shall notify the person of the fact |
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that it is unlawful for the person to possess or transfer a firearm |
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or ammunition. |
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SECTION 3. This Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 1470 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1470 passed the House on |
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May 3, 2007, by the following vote: Yeas 143, Nays 0, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |