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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and promulgation of certain standard forms |
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for statewide use in criminal actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 72, Government Code, is |
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amended by adding Section 72.0385 to read as follows: |
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Sec. 72.0385. STANDARD FORMS IN CRIMINAL ACTIONS. (a) The |
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office shall create and promulgate for use in criminal actions by |
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the courts standard forms for: |
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(1) waiving a jury trial and entering a plea of guilty |
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or nolo contendere in a felony case under Article 1.15, Code of |
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Criminal Procedure, including for: |
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(A) the waiver of appearance, confrontation, and |
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cross-examination of witnesses; |
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(B) the defendant's consent to an oral |
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stipulation of evidence and testimony; and |
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(C) the introduction of any documentary |
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evidence; |
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(2) waiving a jury trial and entering a plea of guilty |
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or nolo contendere in a misdemeanor case under Article 27.14, Code |
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of Criminal Procedure; |
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(3) a trial court to admonish a defendant under |
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Article 26.13, Code of Criminal Procedure, and, if applicable, |
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Article 27.14(e), Code of Criminal Procedure, before accepting the |
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defendant's plea of guilty or nolo contendere; |
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(4) a defendant who receives admonitions in writing |
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under Article 26.13, Code of Criminal Procedure, to acknowledge |
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that the defendant understands the admonitions and is aware of the |
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consequences of the defendant's plea; |
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(5) a trial court to enter into the record the court's |
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certification of a defendant's right to appeal under Rule |
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25.2(a)(2), Texas Rules of Appellate Procedure; |
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(6) waiving the defendant's right to discovery under |
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Article 39.14, Code of Criminal Procedure; |
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(7) acknowledging the disclosure, receipt, and list of |
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all evidence provided to the defendant under Article 39.14, Code of |
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Criminal Procedure, as required by Subsection (j) of that article; |
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(8) documenting the punishment that the prosecutor |
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recommends as part of a plea bargain agreement, including a |
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defendant's consent to waiving certain appeal rights under Rule |
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25.2(a)(2), Texas Rules of Appellate Procedure, if the punishment |
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assessed by the court does not exceed the punishment recommended by |
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the prosecutor and agreed to by the defendant; and |
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(9) waiving a defendant's right to an expunction or to |
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an order of nondisclosure of criminal history record information. |
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(b) The office shall update the forms as necessary. |
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(c) The supreme court by rule shall set the date by which all |
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courts with jurisdiction over criminal actions must adopt and use |
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the forms created under Subsection (a), and if updated, the date by |
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which those courts must adopt and use a form updated under |
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Subsection (b). |
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(d) A court shall accept a form promulgated by the office |
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under this section unless the form has been completed in a manner |
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that causes a substantive defect that cannot be cured. |
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SECTION 2. Not later than September 1, 2024, the Office of |
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Court Administration of the Texas Judicial System shall create and |
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promulgate the forms required by Section 72.0385, Government Code, |
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as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |