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A BILL TO BE ENTITLED
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AN ACT
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relating to providing certain information to criminal defendants |
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before a plea is entered and at the time of the dismissal of certain |
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proceedings against the defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.13, Code of Criminal Procedure, is |
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amended by adding Subsections (j) and (k) to read as follows: |
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(j) Before accepting a plea of guilty or a plea of nolo |
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contendere with reference to an offense for which the defendant is |
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eligible to be placed on deferred adjudication community |
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supervision under Section 5, Article 42.12, the court shall inform |
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the defendant of the defendant's right to petition the court for an |
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order of nondisclosure under Section 411.081, Government Code, |
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including whether the plea will render the defendant ineligible to |
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pursue that right because of: |
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(1) the nature of the offense with reference to which |
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the plea is being entered; or |
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(2) the defendant's criminal history. |
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(k) The court must substantially comply with Subsection |
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(j). The failure of the court to comply with Subsection (j) is not a |
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ground for reversal unless the defendant shows that the defendant |
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was harmed by the failure of the court to provide the information. |
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SECTION 2. Section 5, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (c-1) to read as |
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follows: |
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(c-1) A judge who dismisses the proceedings against a |
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defendant and discharges the defendant under Subsection (c) shall: |
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(1) provide the defendant with a copy of the order of |
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dismissal and discharge; and |
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(2) if applicable, inform the defendant of the |
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defendant's eligibility to petition the court for an order of |
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nondisclosure under Section 411.081, Government Code, and the |
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earliest date the defendant is eligible to file the petition for the |
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order of nondisclosure. |
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SECTION 3. Articles 26.13(j) and (k), Code of Criminal |
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Procedure, as added by this Act, apply to a plea of guilty or nolo |
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contendere entered on or after the effective date of this Act, |
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regardless of whether the offense with reference to which the plea |
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is entered is committed before, on, or after that date. |
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SECTION 4. Section 5(c-1), Article 42.12, Code of Criminal |
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Procedure, as added by this Act, applies to an order of dismissal |
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and discharge entered on or after the effective date of this Act, |
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regardless of whether the defendant was placed on deferred |
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adjudication community supervision before, on, or after that date. |
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SECTION 5. This Act takes effect September 1, 2011. |