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AN ACT
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relating to permitting an alternative plea for a defendant detained |
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in jail pending trial for a Class C misdemeanor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.023, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.023. DEFENDANT'S PLEA. (a) After the jury is |
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impaneled, or after the defendant has waived trial by jury, the |
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defendant may: |
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(1) plead guilty or not guilty; |
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(2) enter a plea of nolo contendere; or |
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(3) enter the special plea of double jeopardy as |
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described by Article 27.05. |
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(b) If a defendant is detained in jail before trial, the |
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justice or judge may permit the defendant to enter any of the pleas |
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described by Subsection (a). |
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(c) If a defendant who is detained in jail enters a plea of |
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guilty or nolo contendere, the justice or judge may, after |
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complying with Article 15.17 and advising the defendant of the |
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defendant's right to trial by jury, as appropriate: |
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(1) accept the defendant's plea; |
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(2) assess a fine, determine costs, and accept payment |
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of the fine and costs; |
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(3) give the defendant credit for time served; |
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(4) determine whether the defendant is indigent; or |
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(5) discharge the defendant. |
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(d) Notwithstanding Article 45.037, following a plea of |
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guilty or nolo contendere entered under Subsection (b), a motion |
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for new trial must be made not later than 10 days after the |
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rendition of judgment and sentence, and not afterward. The justice |
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or judge shall grant a motion for new trial made under this |
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subsection. |
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SECTION 2. This Act takes effect September 1, 2013. |
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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. 2679 was passed by the House on May 8, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2679 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 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 |