Bill Text: TX SB415 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the entry of a plea by defendants charged with certain misdemeanors involving family violence.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2019-04-26 - Committee report sent to Calendars [SB415 Detail]
Download: Texas-2019-SB415-Comm_Sub.html
| By: Huffman | S.B. No. 415 | |
| (Collier) | ||
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| relating to the entry of a plea by defendants charged with certain | ||
| misdemeanors involving family violence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 27.14(b), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (b) A defendant charged with a misdemeanor for which the | ||
| maximum possible punishment is by fine only may, in lieu of the | ||
| method provided in Subsection (a), mail or deliver in person to the | ||
| court a plea of "guilty" or a plea of "nolo contendere" and a waiver | ||
| of jury trial. The defendant may also request in writing that the | ||
| court notify the defendant, at the address stated in the request, of | ||
| the amount of an appeal bond that the court will approve. If the | ||
| court receives a plea and waiver before the time the defendant is | ||
| scheduled to appear in court, the court shall dispose of the case | ||
| without requiring a court appearance by the defendant. If the court | ||
| receives a plea and waiver after the time the defendant is scheduled | ||
| to appear in court but at least five business days before a | ||
| scheduled trial date, the court shall dispose of the case without | ||
| requiring a court appearance by the defendant. The court shall | ||
| notify the defendant either in person or by regular mail of the | ||
| amount of any fine or costs assessed in the case, information | ||
| regarding the alternatives to the full payment of any fine or costs | ||
| assessed against the defendant, if the defendant is unable to pay | ||
| that amount, and, if requested by the defendant, the amount of an | ||
| appeal bond that the court will approve. Except as otherwise | ||
| provided by this code, the defendant shall pay any fine or costs | ||
| assessed or give an appeal bond in the amount stated in the notice | ||
| before the 31st day after receiving the notice. This subsection | ||
| does not apply to a defendant charged with a misdemeanor involving | ||
| family violence, as defined by Section 71.004, Family Code. | ||
| SECTION 2. Article 27.14(e)(2), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (2) The court may provide the admonishment under | ||
| Subdivision (1) orally or in writing[ |
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| SECTION 3. Subchapter B, Chapter 45, Code of Criminal | ||
| Procedure, is amended by adding Article 45.0211 to read as follows: | ||
| Art. 45.0211. PLEA BY DEFENDANT CHARGED WITH FAMILY | ||
| VIOLENCE OFFENSE. (a) In this article, "family violence" has the | ||
| meaning assigned by Section 71.004, Family Code. | ||
| (b) If a defendant is charged with an offense involving | ||
| family violence, the judge or justice must take the defendant's | ||
| plea in open court. | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to the entry of a plea with respect to an offense committed on or | ||
| after the effective date of this Act. The entry of a plea with | ||
| respect to an offense committed before the effective date of this | ||
| Act is governed by the law in effect on the date the offense was | ||
| committed, and the former law is continued in effect for that | ||
| purpose. For purposes of this section, an offense was committed | ||
| before the effective date of this Act if any element of the offense | ||
| occurred before that date. | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
