BILL ANALYSIS

S.B. 415

By: Huffman

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It is suggested that misdemeanor family violence offenses warrant an in-person admonishment from a judge due to the serious nature of such offenses, and there are concerns that the option for the entry of written pleas by defendants charged with such misdemeanors belie the gravity of these offenses. S.B. 415 seeks to ensure that all defendants charged with offenses involving family violence are administered admonishment in person by requiring these defendants' pleas to be taken in open court.

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

S.B. 415 amends the Code of Criminal Procedure to require a judge or justice to take the plea of a defendant who is charged with any offense involving family violence in open court. The bill removes an exception authorizing a printed statement on a citation issued at the time of arrest to serve as the required court admonishment of such a defendant.    

EFFECTIVE DATE

September 1, 2019.