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A BILL TO BE ENTITLED
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AN ACT
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relating to an alternative plea of a defendant detained in |
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jail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.023, Code of Criminal Procedure, is |
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amended by adding Subsections (b), (c) and (d) and (e) to read as |
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follows: |
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(a) After the jury is impaneled, or after the defendant has |
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waived trial by jury, the defendant may: |
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(1) plead guilty or not guilty; |
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(2) enter a plea of nolo contendere; or |
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(3) enter the special plea of double jeopardy as described |
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by Article 27.05. |
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(b) If the defendant is detained in jail, the justice or |
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judge may permit the defendant to: |
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(1) enter a plea of guilty or not guilty; |
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(2) enter a plea of nolo contendere; or |
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(3) enter the special plea of double jeopardy as described |
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by Article 27.05. |
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(c) If the defendant enters a plea of guilty or no contest |
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while detained in jail, the justice or judge may, after complying |
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with Article 15.17 and admonishing the defendant of the right to |
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trial by jury, accept the defendant's plea, assess a fine, |
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determine costs, accept payment of the fine and costs, give credit |
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for time served, determine indigency, or, on satisfaction of the |
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judgment, discharge the defendant, as the case may indicate. |
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(d) Not later than the 10th day after the date that the a |
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judgment is entered pursuant to subsection (b) above, if the |
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defendant files a motion for new trial, the justice or judge shall: |
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(1) set aside the judgment; |
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(2) determine the amount of bail necessary to secure the |
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defendant's appearance; |
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(3) set the case on the court's docket; and |
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(4)proceed, as soon as practicable, to try the case. |
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(e) Notwithstanding subsection (d), a defendant shall not |
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be granted more than one new trial in the same case. |
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SECTION 2. This Act takes effect September 1, 2013. |