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A BILL TO BE ENTITLED
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AN ACT
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relating to admonitions given by a court to a defendant before |
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accepting a plea of guilty or nolo contendere. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.13, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) Except as provided by Subsection (d-1), the [The] court |
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may make the admonitions required by this article either orally or |
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in writing. If the court makes the admonitions in writing, it must |
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receive a statement signed by the defendant and the defendant's |
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attorney that the defendant [he] understands the admonitions and is |
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aware of the consequences of the [his] plea. If the defendant is |
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unable or refuses to sign the statement, the court shall make the |
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admonitions orally. |
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(d-1) The court shall make the admonition required by |
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Subsection (a)(4) both orally and in writing. Unless the court has |
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received the statement as described by Subsection (d), the court |
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must receive a statement signed by the defendant and the |
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defendant's attorney that the defendant understands the admonition |
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required by Subsection (a)(4) and is aware of the consequences of |
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the plea. If the defendant is unable or refuses to sign the |
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statement, the court shall make a record of that fact. |
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SECTION 2. Article 26.13, Code of Criminal Procedure, as |
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amended by this Act, applies only to a plea of guilty or a plea of |
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nolo contendere accepted by a court on or after September 1, 2019, |
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regardless of whether the offense for which the plea was submitted |
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was committed before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2019. |