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A BILL TO BE ENTITLED
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AN ACT
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relating to admonishments given to a person charged with a |
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misdemeanor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A peace officer who is charging a person, including a |
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child, with committing an offense that is a Class C misdemeanor, |
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other than an offense under Section 49.02, Penal Code, may, instead |
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of taking the person before a magistrate, issue a citation to the |
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person that contains written notice of the time and place the person |
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must appear before a magistrate, the name and address of the person |
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charged, [and] the offense charged, and the following admonishment, |
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in boldfaced or underlined type or in capital letters: |
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"If you are convicted of a misdemeanor offense involving |
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violence where you are or were a spouse, intimate partner, parent, |
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or guardian of the victim or are or were involved in another, |
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similar relationship with the victim, it may be unlawful for you to |
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possess or purchase a firearm, including a handgun or long gun, or |
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ammunition, pursuant to federal law under 18 U.S.C. Section |
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922(g)(9) or Section 46.04(b), Penal Code. If you have any |
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questions whether these laws make it illegal for you to possess or |
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purchase a firearm, you should consult an attorney." |
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SECTION 2. Article 26.13(a), Code of Criminal Procedure, is |
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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 |
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court. Provided that the court shall inquire as to the existence |
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of any plea bargaining agreements between the state and the |
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defendant and, in the event that such an agreement exists, the court |
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shall inform the defendant whether it will follow or reject such |
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agreement in open court and before any finding on the plea. Should |
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the court reject any such agreement, the defendant shall be |
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permitted to 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 3. Article 27.14, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e)(1) Before accepting a plea of guilty or a plea of nolo |
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contendere by a defendant charged with a misdemeanor involving |
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family violence, as defined by Section 71.004, Family Code, the |
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court shall admonish the defendant by using the following |
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statement: |
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"If you are convicted of a misdemeanor offense involving |
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violence where you are or were a spouse, intimate partner, parent, |
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or guardian of the victim or are or were involved in another, |
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similar relationship with the victim, it may be unlawful for you to |
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possess or purchase a firearm, including a handgun or long gun, or |
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ammunition, pursuant to federal law under 18 U.S.C. Section |
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922(g)(9) or Section 46.04(b), Penal Code. If you have any |
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questions whether these laws make it illegal for you to possess or |
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purchase a firearm, you should consult an attorney." |
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(2) The court may provide the admonishment under |
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Subdivision (1) orally or in writing, except that if the defendant |
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is charged with a misdemeanor punishable by fine only, the |
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statement printed on a citation issued under Article 14.06(b) may |
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serve as the court admonishment required by this subsection. |
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SECTION 4. 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 occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |