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A BILL TO BE ENTITLED
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AN ACT
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relating to providing a victim, guardian of a victim, or close |
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relative of a deceased victim with notice of a plea bargain |
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agreement in certain criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (e), Article 26.13, Code of |
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Criminal Procedure, are 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 a [any] |
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plea bargain agreement [bargaining agreements] between the state |
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and the defendant and, if [in the event that such] an agreement |
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exists, the court shall inform the defendant whether it will follow |
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or reject the [such] agreement in open court and before any finding |
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on the plea. Should the court reject the [any such] agreement, the |
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defendant shall be permitted to withdraw the defendant's [his] plea |
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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 the defendant's [his] attorney, the trial |
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court must give its permission to the defendant before the |
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defendant [he] may prosecute an appeal on any matter in the case |
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except for those matters raised by written motions filed prior to |
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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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(e) Before accepting a plea of guilty or a plea of nolo |
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contendere, the court shall, as applicable in the case: |
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(1) inquire as to whether a victim impact statement |
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has been returned to the attorney representing the state and ask for |
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a copy of the statement if one has been returned; and |
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(2) inquire as to whether the attorney representing |
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the state has given notice of the existence and terms of any plea |
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bargain agreement to the victim, guardian of a victim, or close |
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relative of a deceased victim, as those terms are defined by Article |
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56.01. |
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SECTION 2. Article 56.08, Code of Criminal Procedure, is |
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amended by amending Subsections (b) and (e) and adding Subsection |
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(b-1) to read as follows: |
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(b) If requested by the victim, the attorney representing |
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the state, as far as reasonably practical, shall give to the victim |
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notice of any scheduled court proceedings, changes in that |
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schedule, and the filing of a request for continuance of a trial |
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setting[, and any plea agreements to be presented to the court]. |
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(b-1) The attorney representing the state, as far as |
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reasonably practical, shall give to the victim, guardian of a |
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victim, or close relative of a deceased victim notice of the |
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existence and terms of any plea bargain agreement to be presented to |
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the court. |
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(e) The brief general statement describing the plea |
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bargaining stage in a criminal trial required by Subsection (a)(1) |
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shall include a statement that: |
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(1) the victim impact statement provided by the |
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victim, guardian of a victim, or close relative of a deceased victim |
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will be considered by the attorney representing the state in |
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entering into the plea bargain agreement; and |
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(2) the judge before accepting the plea bargain |
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agreement is required under Article [Section] 26.13(e) to ask: |
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(A) whether a victim impact statement has been |
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returned to the attorney; [and] |
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(B) if a victim impact statement has been |
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returned, for a copy of the statement; and |
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(C) whether the attorney representing the state |
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has given the victim, guardian of a victim, or close relative of a |
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deceased victim notice of the existence and terms of the plea |
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bargain agreement. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to a plea bargain agreement that is presented to a court on or |
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after the effective date of this Act. |
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(b) A plea bargain agreement that is presented to a court |
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before the effective date of this Act is covered by the law in |
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effect when the agreement was presented, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |