Bill Text: TX SB1522 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the entering of a plea in a criminal case by a defendant confined in a penal institution.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1522 Detail]
Download: Texas-2011-SB1522-Enrolled.html
S.B. No. 1522 |
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relating to the entering of a plea in a criminal case by a defendant | ||
confined in a penal institution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 27.19, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) Notwithstanding any other provision of this code, a | ||
court shall accept a plea of guilty or nolo contendere from a | ||
defendant who is confined in a penal institution if the plea is | ||
made: | ||
(1) in accordance with the procedure established by | ||
Article 27.18; or | ||
(2) in writing, including a writing delivered by | ||
United States mail or secure electronic or facsimile transmission, | ||
before the appropriate court having jurisdiction in the county in | ||
which the penal institution is located, provided that: | ||
(A) the defendant is notified by the court of | ||
original jurisdiction of the right to counsel and the procedures | ||
for requesting appointment of counsel, and is provided a reasonable | ||
opportunity to request a court-appointed lawyer; | ||
(B) if the defendant elects to proceed without | ||
counsel, the defendant must waive the right to counsel in | ||
accordance with Article 1.051; | ||
(C) the defendant must waive the right to be | ||
present at the taking of the plea or to have counsel present, if the | ||
defendant has counsel; and | ||
(D) if the defendant is charged with a felony, | ||
judgment and sentence are rendered in accordance with the | ||
conditions and the procedure established by Article 42.14(b). | ||
(c) Before accepting a plea submitted under Subsection | ||
(a)(2), the court shall verify that the person submitting the plea | ||
is: | ||
(1) the defendant named in the information or | ||
indictment; or | ||
(2) a person with legal authority to act for the | ||
defendant named in the information or indictment. | ||
SECTION 2. Article 27.19, Code of Criminal Procedure, as | ||
amended by this Act, applies to a plea of guilty or nolo contendere | ||
entered on or after the effective date of this Act, regardless of | ||
whether the offense with reference to which the plea is entered is | ||
committed before, on, or after that date. | ||
SECTION 3. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1522 passed the Senate on | ||
April 26, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1522 passed the House on | ||
May 23, 2011, by the following vote: Yeas 142, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |