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. 1010
 
 
 
 
AN ACT
  relating to providing a victim, guardian of a victim, or close
  relative of a deceased victim with notice of a plea bargain
  agreement in certain criminal cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (e), Article 26.13, Code of
  Criminal Procedure, are 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 a [any]
  plea bargain agreement [bargaining agreements] between the state
  and the defendant and, if [in the event that such] an agreement
  exists, the court shall inform the defendant whether it will follow
  or reject the [such] agreement in open court and before any finding
  on the plea. Should the court reject the [any such] agreement, the
  defendant shall be permitted to withdraw the defendant's [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 the defendant's [his] attorney, the trial
  court must give its permission to the defendant before the
  defendant [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.
         (e)  Before accepting a plea of guilty or a plea of nolo
  contendere, the court shall, as applicable in the case:
               (1)  inquire as to whether a victim impact statement
  has been returned to the attorney representing the state and ask for
  a copy of the statement if one has been returned; and
               (2)  inquire as to whether the attorney representing
  the state has given notice of the existence and terms of any plea
  bargain agreement to the victim, guardian of a victim, or close
  relative of a deceased victim, as those terms are defined by Article
  56.01.
         SECTION 2.  Article 56.08, Code of Criminal Procedure, is
  amended by amending Subsections (b) and (e) and adding Subsection
  (b-1) to read as follows:
         (b)  If requested by the victim, the attorney representing
  the state, as far as reasonably practical, shall give to the victim
  notice of any scheduled court proceedings, changes in that
  schedule, and the filing of a request for continuance of a trial
  setting[, and any plea agreements to be presented to the court].
         (b-1)  The attorney representing the state, as far as
  reasonably practical, shall give to the victim, guardian of a
  victim, or close relative of a deceased victim notice of the
  existence and terms of any plea bargain agreement to be presented to
  the court.
         (e)  The brief general statement describing the plea
  bargaining stage in a criminal trial required by Subsection (a)(1)
  shall include a statement that:
               (1)  the victim impact statement provided by the
  victim, guardian of a victim, or close relative of a deceased victim
  will be considered by the attorney representing the state in
  entering into the plea bargain agreement; and
               (2)  the judge before accepting the plea bargain
  agreement is required under Article [Section] 26.13(e) to ask:
                     (A)  whether a victim impact statement has been
  returned to the attorney; [and]
                     (B)  if a victim impact statement has been
  returned, for a copy of the statement; and
                     (C)  whether the attorney representing the state
  has given the victim, guardian of a victim, or close relative of a
  deceased victim notice of the existence and terms of the plea
  bargain agreement.
         SECTION 3.  (a)  The change in law made by this Act applies
  only to a plea bargain agreement that is presented to a court on or
  after the effective date of this Act.
         (b)  A plea bargain agreement that is presented to a court
  before the effective date of this Act is covered by the law in
  effect when the agreement was presented, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1010 passed the Senate on
  April 13, 2011, by the following vote:  Yeas 31, Nays 0;
  May 25, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2011, House
  granted request of the Senate; May 29, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1010 passed the House, with
  amendments, on May 23, 2011, by the following vote:  Yeas 145,
  Nays 0, two present not voting; May 27, 2011, House granted request
  of the Senate for appointment of Conference Committee;
  May 29, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 147, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor