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AN ACT
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relating to allowing for certain criminal proceedings in the |
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absence of certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 27, Code of Criminal Procedure, is |
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amended by adding Article 27.19 to read as follows: |
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Art. 27.19. PLEA BY CERTAIN DEFENDANTS. |
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(a) Notwithstanding any other provision of this code, a court |
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shall accept a plea of guilty or nolo contendere from a defendant |
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who is confined in a penal institution if the plea is made: |
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(1) in accordance with the procedure established by |
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Article 27.18; or |
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(2) in writing before the appropriate court having |
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jurisdiction in the county in which the penal institution is |
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located, provided that: |
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(A) the defendant is notified by the court of |
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original jurisdiction of the right to counsel and the procedures |
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for requesting appointment of counsel, and is provided a reasonable |
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opportunity to request a court-appointed lawyer; |
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(B) if the defendant elects to proceed without |
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counsel, the defendant must waive the right to counsel in |
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accordance with Article 1.051; |
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(C) the defendant must waive the right to be |
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present at the taking of the plea or to have counsel present, if the |
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defendant has counsel; and |
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(D) if the defendant is charged with a felony, |
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judgment and sentence are rendered in accordance with the |
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conditions and the procedure established by Article 42.14(b). |
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(b) In this article, "penal institution" has the meaning |
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assigned by Section 1.07, Penal Code. |
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SECTION 2. Article 42.14, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.14. IN ABSENCE OF DEFENDANT. (a) In a misdemeanor |
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case, the [The] judgment and sentence [in a misdemeanor case] may be |
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rendered in the absence of the defendant. |
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(b) In a felony case, the judgment and sentence may be |
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rendered in the absence of the defendant only if: |
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(1) the defendant is confined in a penal institution; |
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(2) the defendant is not charged with a felony |
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offense: |
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(A) that is listed in Section 3g(a)(1), Article |
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42.12; or |
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(B) for which it is alleged that: |
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(i) a deadly weapon was used or exhibited |
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during the commission of the offense or during immediate flight |
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from the commission of the offense; and |
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(ii) the defendant used or exhibited the |
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deadly weapon or was a party to the offense and knew that a deadly |
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weapon would be used or exhibited; |
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(3) the defendant in writing before the appropriate |
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court having jurisdiction in the county in which the penal |
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institution is located: |
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(A) waives the right to be present at the |
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rendering of the judgment and sentence or to have counsel present; |
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(B) affirms that the defendant does not have |
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anything to say as to why the sentence should not be pronounced and |
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that there is no reason to prevent the sentence under Article 42.07; |
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(C) states that the defendant has entered into a |
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written plea agreement with the attorney representing the state in |
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the prosecution of the case; and |
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(D) requests the court to pronounce sentence in |
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the case in accordance with the plea agreement; |
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(4) the defendant and the attorney representing the |
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state in the prosecution of the case have entered into a written |
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plea agreement that is made a part of the record in the case; and |
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(5) sentence is pronounced in accordance with the plea |
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agreement. |
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(c) A judgment and sentence may be rendered under this |
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article in the absence of the defendant only after the defendant is |
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notified by the court of original jurisdiction of the right to |
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counsel and the defendant requests counsel or waives the right to |
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counsel in accordance with Article 1.051. |
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(d) In this article, "deadly weapon" and "penal |
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institution" have the meanings assigned by Section 1.07, Penal |
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Code. |
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(e) If a defendant enters a plea of guilty or nolo |
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contendere under Article 27.19, the attorney representing the state |
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may request at the time the plea is entered that the defendant |
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submit a fingerprint of the defendant suitable for attachment to |
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the judgment. On request for a fingerprint under this subsection, |
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the county in which the defendant is confined shall obtain a |
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fingerprint of the defendant and use first-class mail or other |
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means acceptable to the attorney representing the state and the |
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county to forward the fingerprint to the court accepting the plea. |
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SECTION 3. Article 27.19, Code of Criminal Procedure, as |
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added by this Act, and Article 42.14, Code of Criminal Procedure, as |
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amended by this Act, apply to a plea entered or to a judgment and |
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sentence rendered in a criminal case on or after the effective date |
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of this Act, regardless of whether the offense for which the plea is |
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entered or judgment and sentence are rendered is committed before, |
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on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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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. 107 was passed by the House on April |
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22, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 107 on May 23, 2009, by the following vote: Yeas 138, Nays 0, 1 |
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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. 107 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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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 |