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AN ACT
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relating to certain procedures applicable to certain offenses |
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involving family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 27.14(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A defendant charged with a misdemeanor for which the |
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maximum possible punishment is by fine only may, in lieu of the |
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method provided in Subsection (a), mail or deliver in person to the |
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court a plea of "guilty" or a plea of "nolo contendere" and a waiver |
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of jury trial. The defendant may also request in writing that the |
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court notify the defendant, at the address stated in the request, of |
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the amount of an appeal bond that the court will approve. If the |
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court receives a plea and waiver before the time the defendant is |
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scheduled to appear in court, the court shall dispose of the case |
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without requiring a court appearance by the defendant. If the court |
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receives a plea and waiver after the time the defendant is scheduled |
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to appear in court but at least five business days before a |
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scheduled trial date, the court shall dispose of the case without |
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requiring a court appearance by the defendant. The court shall |
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notify the defendant either in person or by regular mail of the |
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amount of any fine or costs assessed in the case, information |
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regarding the alternatives to the full payment of any fine or costs |
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assessed against the defendant, if the defendant is unable to pay |
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that amount, and, if requested by the defendant, the amount of an |
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appeal bond that the court will approve. Except as otherwise |
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provided by this code, the defendant shall pay any fine or costs |
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assessed or give an appeal bond in the amount stated in the notice |
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before the 31st day after receiving the notice. This subsection |
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does not apply to a defendant charged with a misdemeanor involving |
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family violence, as defined by Section 71.004, Family Code. |
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SECTION 2. Article 27.14(e)(2), Code of Criminal Procedure, |
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is amended to read as follows: |
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(2) The court may provide the admonishment under |
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Subdivision (1) orally or in writing[, except that if the defendant
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is charged with a misdemeanor punishable by fine only, the
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statement printed on a citation issued under Article 14.06(b) may
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serve as the court admonishment required by this subsection]. |
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SECTION 3. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0211 to read as follows: |
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Art. 45.0211. PLEA BY DEFENDANT CHARGED WITH FAMILY |
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VIOLENCE OFFENSE. (a) In this article, "family violence" has the |
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meaning assigned by Section 71.004, Family Code. |
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(b) If a defendant is charged with an offense involving |
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family violence, the judge or justice must take the defendant's |
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plea in open court. |
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SECTION 4. Article 66.102(f), Code of Criminal Procedure, |
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is amended to read as follows: |
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(f) Information in the computerized criminal history system |
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relating to sentencing must include for each sentence: |
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(1) the sentencing date; |
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(2) the sentence for each offense, by offense code and |
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incident number; |
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(3) if the offender was sentenced to confinement: |
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(A) the agency that receives custody of the |
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offender; |
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(B) the length of the sentence for each offense; |
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and |
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(C) if multiple sentences were ordered, whether |
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the sentences were ordered to be served consecutively or |
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concurrently; |
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(4) if the offender was sentenced to pay a fine, the |
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amount of the fine; |
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(5) if a sentence to pay a fine or to confinement was |
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ordered but was deferred, probated, suspended, or otherwise not |
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imposed: |
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(A) the length of the sentence or the amount of |
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the fine that was deferred, probated, suspended, or otherwise not |
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imposed; and |
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(B) the offender's name, offense code, and |
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incident number; [and] |
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(6) if a sentence other than a fine or confinement was |
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ordered, a description of the sentence ordered; and |
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(7) whether the judgment imposing the sentence |
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reflects an affirmative finding entered under Article 42.013 |
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(Finding of Family Violence). |
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SECTION 5. Article 66.252, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (g) to |
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read as follows: |
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(b) The arresting law enforcement agency shall prepare a |
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uniform incident fingerprint card described by Article 66.251 and |
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initiate the reporting process for each offender charged with: |
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(1) a felony; |
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(2) [or] a misdemeanor for which a term of confinement |
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may be imposed; or |
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(3) a misdemeanor punishable by fine only that |
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involves family violence, as defined by Section 71.004, Family Code |
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[other than a misdemeanor punishable by fine only]. |
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(g) On disposition of a case in which an offender is charged |
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with a misdemeanor described by Subsection (b)(3), the clerk of the |
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court exercising jurisdiction over the case shall report the |
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applicable information regarding the person's citation or arrest |
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and the disposition of the case to the Department of Public Safety |
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using a uniform incident fingerprint card described by Article |
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66.251 or an electronic methodology approved by the Department of |
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Public Safety. |
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SECTION 6. |
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Article 27.14, Code of Criminal Procedure, as |
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amended by this Act, and Article 45.0211, Code of Criminal |
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Procedure, as added by this Act, apply only to the entry of a plea |
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with respect to an offense committed on or after the effective date |
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of this Act. The entry of a plea with respect to an offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1528 was passed by the House on May 1, |
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2019, by the following vote: Yeas 100, Nays 46, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1528 on May 22, 2019, by the following vote: Yeas 102, Nays 39, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1528 was passed by the Senate, with |
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amendments, on May 15, 2019, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |