Bill Text: TX SB1010 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to providing a victim, guardian of a victim, or close relative of a deceased victim with notice of a plea bargain agreement in certain criminal cases.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1010 Detail]
Download: Texas-2011-SB1010-Enrolled.html
S.B. No. 1010 |
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relating to providing a victim, guardian of a victim, or close | ||
relative of a deceased victim with notice of a plea bargain | ||
agreement in certain criminal cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (a) and (e), Article 26.13, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Prior to accepting a plea of guilty or a plea of nolo | ||
contendere, the court shall admonish the defendant of: | ||
(1) the range of the punishment attached to the | ||
offense; | ||
(2) the fact that the recommendation of the | ||
prosecuting attorney as to punishment is not binding on the court. | ||
Provided that the court shall inquire as to the existence of a [ |
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plea bargain agreement [ |
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and the defendant and, if [ |
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exists, the court shall inform the defendant whether it will follow | ||
or reject the [ |
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on the plea. Should the court reject the [ |
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defendant shall be permitted to withdraw the defendant's [ |
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of guilty or nolo contendere; | ||
(3) the fact that if the punishment assessed does not | ||
exceed the punishment recommended by the prosecutor and agreed to | ||
by the defendant and the defendant's [ |
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court must give its permission to the defendant before the | ||
defendant [ |
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except for those matters raised by written motions filed prior to | ||
trial; | ||
(4) the fact that if the defendant is not a citizen of | ||
the United States of America, a plea of guilty or nolo contendere | ||
for the offense charged may result in deportation, the exclusion | ||
from admission to this country, or the denial of naturalization | ||
under federal law; and | ||
(5) the fact that the defendant will be required to | ||
meet the registration requirements of Chapter 62, if the defendant | ||
is convicted of or placed on deferred adjudication for an offense | ||
for which a person is subject to registration under that chapter. | ||
(e) Before accepting a plea of guilty or a plea of nolo | ||
contendere, the court shall, as applicable in the case: | ||
(1) inquire as to whether a victim impact statement | ||
has been returned to the attorney representing the state and ask for | ||
a copy of the statement if one has been returned; and | ||
(2) inquire as to whether the attorney representing | ||
the state has given notice of the existence and terms of any plea | ||
bargain agreement to the victim, guardian of a victim, or close | ||
relative of a deceased victim, as those terms are defined by Article | ||
56.01. | ||
SECTION 2. Article 56.08, Code of Criminal Procedure, is | ||
amended by amending Subsections (b) and (e) and adding Subsection | ||
(b-1) to read as follows: | ||
(b) If requested by the victim, the attorney representing | ||
the state, as far as reasonably practical, shall give to the victim | ||
notice of any scheduled court proceedings, changes in that | ||
schedule, and the filing of a request for continuance of a trial | ||
setting[ |
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(b-1) The attorney representing the state, as far as | ||
reasonably practical, shall give to the victim, guardian of a | ||
victim, or close relative of a deceased victim notice of the | ||
existence and terms of any plea bargain agreement to be presented to | ||
the court. | ||
(e) The brief general statement describing the plea | ||
bargaining stage in a criminal trial required by Subsection (a)(1) | ||
shall include a statement that: | ||
(1) the victim impact statement provided by the | ||
victim, guardian of a victim, or close relative of a deceased victim | ||
will be considered by the attorney representing the state in | ||
entering into the plea bargain agreement; and | ||
(2) the judge before accepting the plea bargain | ||
agreement is required under Article [ |
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(A) whether a victim impact statement has been | ||
returned to the attorney; [ |
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(B) if a victim impact statement has been | ||
returned, for a copy of the statement; and | ||
(C) whether the attorney representing the state | ||
has given the victim, guardian of a victim, or close relative of a | ||
deceased victim notice of the existence and terms of the plea | ||
bargain agreement. | ||
SECTION 3. (a) The change in law made by this Act applies | ||
only to a plea bargain agreement that is presented to a court on or | ||
after the effective date of this Act. | ||
(b) A plea bargain agreement that is presented to a court | ||
before the effective date of this Act is covered by the law in | ||
effect when the agreement was presented, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1010 passed the Senate on | ||
April 13, 2011, by the following vote: Yeas 31, Nays 0; | ||
May 25, 2011, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 27, 2011, House | ||
granted request of the Senate; May 29, 2011, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1010 passed the House, with | ||
amendments, on May 23, 2011, by the following vote: Yeas 145, | ||
Nays 0, two present not voting; May 27, 2011, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 29, 2011, House adopted Conference Committee Report by the | ||
following vote: Yeas 147, Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |