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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of the court regarding a plea bargain |
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agreement that requires a defendant to pay costs associated with |
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court-appointed counsel. |
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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 adding Subsection (h-2) to read as follows: |
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(h-2)(1) Before accepting a plea of guilty or a plea of nolo |
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contendere in a case in which a plea bargain agreement exists, the |
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court shall inquire as to whether the agreement requires the |
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defendant to pay in part or in whole the costs of legal services |
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provided to the defendant in accordance with Article 1.051(c) or |
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(d), including any expenses and costs. |
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(2) If the plea bargain agreement requires payment of |
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the costs of legal services as described by Subdivision (1), the |
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court shall determine, in accordance with Articles 26.05(g) and |
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42A.301(b)(11), the amount the defendant is able to pay for the |
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legal services. |
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(3) The failure of the court to comply with |
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Subdivision (1) or (2) is not a ground for the defendant to set |
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aside the conviction, sentence, or plea, except that after |
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imposition of the sentence or placement on community supervision, |
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including deferred adjudication community supervision, any order |
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requiring the defendant to pay an amount for legal services becomes |
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void if the court does not substantially comply with those |
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subdivisions. |
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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. |