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  S.B. No. 1236
 
 
 
 
AN ACT
  relating to admonishments given to a person charged with a
  misdemeanor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Article 14.06, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  A peace officer who is charging a person, including a
  child, with committing an offense that is a Class C misdemeanor,
  other than an offense under Section 49.02, Penal Code, may, instead
  of taking the person before a magistrate, issue a citation to the
  person that contains written notice of the time and place the person
  must appear before a magistrate, the name and address of the person
  charged, [and] the offense charged, and the following admonishment,
  in boldfaced or underlined type or in capital letters:
         "If you are convicted of a misdemeanor offense involving
  violence where you are or were a spouse, intimate partner, parent,
  or guardian of the victim or are or were involved in another,
  similar relationship with the victim, it may be unlawful for you to
  possess or purchase a firearm, including a handgun or long gun, or
  ammunition, pursuant to federal law under 18 U.S.C. Section
  922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
  questions whether these laws make it illegal for you to possess or
  purchase a firearm, you should consult an attorney."
         SECTION 2.  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 3.  Article 27.14, Code of Criminal Procedure, is
  amended by adding Subsection (e) to read as follows:
         (e)(1)  Before accepting a plea of guilty or a plea of nolo
  contendere by a defendant charged with a misdemeanor involving
  family violence, as defined by Section 71.004, Family Code, the
  court shall admonish the defendant by using the following
  statement:
         "If you are convicted of a misdemeanor offense involving
  violence where you are or were a spouse, intimate partner, parent,
  or guardian of the victim or are or were involved in another,
  similar relationship with the victim, it may be unlawful for you to
  possess or purchase a firearm, including a handgun or long gun, or
  ammunition, pursuant to federal law under 18 U.S.C. Section
  922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
  questions whether these laws make it illegal for you to possess or
  purchase a firearm, you should consult an attorney."
               (2)  The court may provide the admonishment under
  Subdivision (1) orally or in writing, except that if the defendant
  is charged with a misdemeanor punishable by fine only, the
  statement printed on a citation issued under Article 14.06(b) may
  serve as the court admonishment required by this subsection.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect at the time 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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1236 passed the Senate on
  April 30, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1236 passed the House on
  May 20, 2009, by the following vote:  Yeas 135, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor