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BILL ANALYSIS

 

 

 

H.B. 244

By: Anchia

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties express concern that a criminal defendant who is a member of the military might not be aware of the impact of a guilty or nolo contendere plea on the defendant's future military service. H.B. 244 seeks to ensure that such a defendant is informed of that potential impact before entering a plea.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 244 amends the Code of Criminal Procedure to require a magistrate to inform a person who is arrested and taken before the magistrate that a plea of guilty or nolo contendere for the offense charged may affect the person's eligibility for enlistment or reenlistment in the U.S. armed forces or may result in the person's discharge from the U.S. armed forces if the person is a member of the armed forces.

 

EFFECTIVE DATE

 

September 1, 2017.