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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's waiver of a jury trial following a plea of |
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guilty or nolo contendere for a felony offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.14, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 26.14. JURY ON PLEA OF GUILTY. Where a defendant in a |
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case of felony persists in pleading guilty or in entering a plea of |
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nolo contendere, if the punishment is not absolutely fixed by law, a |
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jury shall be impaneled to assess the punishment and evidence may be |
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heard to enable the jury [them] to decide thereupon, unless the |
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defendant in writing or in person in open court waives the |
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defendant's [in accordance with Articles 1.13 or 37.07 shall have
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waived his] right to trial by jury. A defendant may waive the right |
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to a jury trial in the punishment phase of the trial without the |
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consent of the attorney representing the state or the approval of |
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the court. |
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SECTION 2. The change in law made by this Act applies only |
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to a plea of guilty or nolo contendere entered on or after the |
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effective date of this Act, regardless of whether the offense with |
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reference to which the plea is entered is committed before, on, or |
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after that date. |
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SECTION 3. This Act takes effect September 1, 2019. |