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A BILL TO BE ENTITLED
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AN ACT
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relating to the rendering of a judgment and sentence in the absence |
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of certain defendants charged with felonies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.14, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.14. IN ABSENCE OF DEFENDANT. (a) In a misdemeanor |
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case, the [The] judgment and sentence [in a misdemeanor case] may be |
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rendered in the absence of the defendant. |
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(b) In a felony case, the judgment and sentence may be |
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rendered in the absence of the defendant only if: |
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(1) the defendant is imprisoned in a penal |
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institution; |
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(2) the defendant is not charged with a felony |
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offense: |
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(A) that is listed in Section 3g(a)(1), Article |
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42.12; or |
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(B) for which it is alleged that: |
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(i) a deadly weapon, as defined by Section |
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1.07, Penal Code, was used or exhibited during the commission of the |
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offense or during immediate flight from the commission of the |
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offense; and |
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(ii) the defendant used or exhibited the |
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deadly weapon or was a party to the offense and knew that a deadly |
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weapon would be used or exhibited; |
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(3) the defendant in writing before a district court |
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having jurisdiction in the county where the defendant is |
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imprisoned: |
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(A) waives the right to be present at the |
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rendering of the judgment and sentence or to have counsel present; |
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(B) affirms that the defendant does not have |
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anything to say as to why the sentence should not be pronounced and |
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that there is no reason to prevent the sentence under Article 42.07; |
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(C) states that the defendant has entered into a |
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written plea agreement with the attorney representing the state in |
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the prosecution of the case; and |
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(D) requests the judge to pronounce sentence in |
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the case in accordance with the plea agreement; |
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(4) the defendant and the attorney representing the |
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state in the prosecution of the case have entered into a written |
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plea agreement that is made a part of the record in the case; and |
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(5) sentence is pronounced in accordance with the plea |
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agreement. |
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(c) In this article, "penal institution" has the meaning |
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assigned by Section 1.07, Penal Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |