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A BILL TO BE ENTITLED
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AN ACT
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relating to the entry of a plea by defendants charged with certain |
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misdemeanors involving family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 27.14(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A defendant charged with a misdemeanor for which the |
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maximum possible punishment is by fine only may, in lieu of the |
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method provided in Subsection (a) [of this article], mail or |
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deliver in person to the court a plea of "guilty" or a plea of "nolo |
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contendere" and a waiver of jury trial. The defendant may also |
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request in writing that the court notify the defendant, at the |
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address stated in the request, of the amount of an appeal bond that |
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the court will approve. If the court receives a plea and waiver |
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before the time the defendant is scheduled to appear in court, the |
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court shall dispose of the case without requiring a court |
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appearance by the defendant. If the court receives a plea and |
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waiver after the time the defendant is scheduled to appear in court |
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but at least five business days before a scheduled trial date, the |
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court shall dispose of the case without requiring a court |
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appearance by the defendant. The court shall notify the defendant |
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either in person or by certified mail, return receipt requested, of |
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the amount of any fine assessed in the case and, if requested by the |
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defendant, the amount of an appeal bond that the court will approve. |
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The defendant shall pay any fine assessed or give an appeal bond in |
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the amount stated in the notice before the 31st day after receiving |
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the notice. This subsection does not apply to a defendant charged |
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with a misdemeanor involving family violence, as defined by Section |
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71.004, Family Code. |
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SECTION 2. Article 27.14(e)(2), Code of Criminal Procedure, |
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is amended to read as follows: |
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(2) The court may provide the admonishment under |
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Subdivision (1) orally or in writing[, except that if the defendant
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is charged with a misdemeanor punishable by fine only, the
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statement printed on a citation issued under Article 14.06(b) may
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serve as the court admonishment required by this subsection]. |
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SECTION 3. Subchapter B, Chapter 45, Code of Criminal |
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Procedure, is amended by adding Article 45.0212 to read as follows: |
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Art. 45.0212. PLEA BY DEFENDANT CHARGED WITH FAMILY |
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VIOLENCE OFFENSE. (a) In this article, "family violence" has the |
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meaning assigned by Section 71.004, Family Code. |
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(b) If a defendant is charged with an offense involving |
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family violence, the judge or justice must take the defendant's |
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plea in open court. |
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SECTION 4. The change in law made by this Act applies only |
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to the entry of a plea with respect to an offense committed on or |
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after the effective date of this Act. The entry of a plea with |
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respect to an offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |