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A BILL TO BE ENTITLED
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AN ACT
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relating to the entering of a plea in a criminal case by a defendant |
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confined in a penal institution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 27.19, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Notwithstanding any other provision of this code, a |
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court shall accept a plea of guilty or nolo contendere from a |
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defendant who is confined in a penal institution if the plea is |
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made: |
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(1) in accordance with the procedure established by |
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Article 27.18; or |
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(2) in writing, including a writing delivered by |
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United States mail or secure electronic or facsimile transmission, |
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before the appropriate court having jurisdiction in the county in |
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which the penal institution is located, provided that: |
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(A) the defendant is notified by the court of |
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original jurisdiction of the right to counsel and the procedures |
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for requesting appointment of counsel, and is provided a reasonable |
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opportunity to request a court-appointed lawyer; |
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(B) if the defendant elects to proceed without |
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counsel, the defendant must waive the right to counsel in |
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accordance with Article 1.051; |
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(C) the defendant must waive the right to be |
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present at the taking of the plea or to have counsel present, if the |
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defendant has counsel; and |
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(D) if the defendant is charged with a felony, |
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judgment and sentence are rendered in accordance with the |
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conditions and the procedure established by Article 42.14(b). |
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(c) Before accepting a plea submitted under Subsection |
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(a)(2), the court shall verify that the person submitting the plea |
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is: |
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(1) the defendant named in the information or |
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indictment; or |
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(2) a person with legal authority to act for the |
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defendant named in the information or indictment. |
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SECTION 2. Article 27.19, Code of Criminal Procedure, as |
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amended by this Act, applies to a plea of guilty or nolo contendere |
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entered on or after the effective date of this Act, regardless of |
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whether the offense with reference to which the plea is entered is |
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committed before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2011. |