This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 1470
 
AN ACT
relating to certain notifications required for persons convicted of
a misdemeanor involving family violence.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subsection (a), Article 26.13, Code of Criminal
Procedure, is 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 any
plea bargaining agreements between the state and the defendant and,
in the event that such an agreement exists, the court shall inform
the defendant whether it will follow or reject such agreement in
open court and before any finding on the plea. Should the court
reject any such agreement, the defendant shall be permitted to
withdraw his plea 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 his attorney, the trial court must give its
permission to the defendant before he may prosecute an appeal on any
matter in the case 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;
and
             (6)  the fact that it is unlawful for the defendant to
possess or transfer a firearm or ammunition if the defendant is
convicted of a misdemeanor involving family violence, as defined by
Section 71.004, Family Code.
       SECTION 2.  Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0131 to read as follows:
       Art. 42.0131.  REQUIRED NOTICE FOR PERSONS CONVICTED OF
MISDEMEANORS INVOLVING FAMILY VIOLENCE.  If a person is convicted
of a misdemeanor involving family violence, as defined by Section
71.004, Family Code, the court shall notify the person of the fact
that it is unlawful for the person to possess or transfer a firearm
or ammunition.
       SECTION 3.  This Act takes effect September 1, 2007.
____________________________________________________________
President of the Senate             Speaker of the House
       I hereby certify that S.B. No. 1470 passed the Senate on
April 19, 2007, by the following vote:  Yeas 31, Nays 0.
______________________________ 
   Secretary of the Senate
       I hereby certify that S.B. No. 1470 passed the House on
May 3, 2007, by the following vote:  Yeas 143, Nays 0, one present
not voting.
______________________________ 
   Chief Clerk of the House
Approved:
______________________________ 
______________________________ 
            Date
______________________________ 
______________________________ 
          Governor