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  S.B. No. 1522
 
 
 
 
AN ACT
  relating to the entering of a plea in a criminal case by a defendant
  confined in a penal institution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 27.19, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  Notwithstanding any other provision of this code, a
  court shall accept a plea of guilty or nolo contendere from a
  defendant who is confined in a penal institution if the plea is
  made:
               (1)  in accordance with the procedure established by
  Article 27.18; or
               (2)  in writing, including a writing delivered by
  United States mail or secure electronic or facsimile transmission,
  before the appropriate court having jurisdiction in the county in
  which the penal institution is located, provided that:
                     (A)  the defendant is notified by the court of
  original jurisdiction of the right to counsel and the procedures
  for requesting appointment of counsel, and is provided a reasonable
  opportunity to request a court-appointed lawyer;
                     (B)  if the defendant elects to proceed without
  counsel, the defendant must waive the right to counsel in
  accordance with Article 1.051;
                     (C)  the defendant must waive the right to be
  present at the taking of the plea or to have counsel present, if the
  defendant has counsel; and
                     (D)  if the defendant is charged with a felony,
  judgment and sentence are rendered in accordance with the
  conditions and the procedure established by Article 42.14(b).
         (c)  Before accepting a plea submitted under Subsection
  (a)(2), the court shall verify that the person submitting the plea
  is:
               (1)  the defendant named in the information or
  indictment; or
               (2)  a person with legal authority to act for the
  defendant named in the information or indictment.
         SECTION 2.  Article 27.19, Code of Criminal Procedure, as
  amended by this Act, applies to a plea of guilty or nolo contendere
  entered on or after the effective date of this Act, regardless of
  whether the offense with reference to which the plea is entered is
  committed before, on, or after that date.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1522 passed the Senate on
  April 26, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1522 passed the House on
  May 23, 2011, by the following vote:  Yeas 142, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor