Bill Text: TX HB1713 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation and promulgation of certain standard forms for statewide use in criminal actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-25 - Withdrawn from schedule [HB1713 Detail]
Download: Texas-2023-HB1713-Introduced.html
| 88R1886 JCG-D | ||
| By: Canales | H.B. No. 1713 | |
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| relating to the creation and promulgation of certain standard forms | ||
| for statewide use in criminal actions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 72, Government Code, is | ||
| amended by adding Section 72.0385 to read as follows: | ||
| Sec. 72.0385. STANDARD FORMS IN CRIMINAL ACTIONS. (a) The | ||
| office shall create and promulgate for use in criminal actions by | ||
| the courts standard forms for: | ||
| (1) waiving a jury trial and entering a plea of guilty | ||
| or nolo contendere in a felony case under Article 1.15, Code of | ||
| Criminal Procedure, including for: | ||
| (A) the waiver of appearance, confrontation, and | ||
| cross-examination of witnesses; | ||
| (B) the defendant's consent to an oral | ||
| stipulation of evidence and testimony; and | ||
| (C) the introduction of any documentary | ||
| evidence; | ||
| (2) waiving a jury trial and entering a plea of guilty | ||
| or nolo contendere in a misdemeanor case under Article 27.14, Code | ||
| of Criminal Procedure; | ||
| (3) a trial court to admonish a defendant under | ||
| Article 26.13, Code of Criminal Procedure, and, if applicable, | ||
| Article 27.14(e), Code of Criminal Procedure, before accepting the | ||
| defendant's plea of guilty or nolo contendere; | ||
| (4) a defendant who receives admonitions in writing | ||
| under Article 26.13, Code of Criminal Procedure, to acknowledge | ||
| that the defendant understands the admonitions and is aware of the | ||
| consequences of the defendant's plea; | ||
| (5) a trial court to enter into the record the court's | ||
| certification of a defendant's right to appeal under Rule | ||
| 25.2(a)(2), Texas Rules of Appellate Procedure; | ||
| (6) waiving the defendant's right to discovery under | ||
| Article 39.14, Code of Criminal Procedure; | ||
| (7) acknowledging the disclosure, receipt, and list of | ||
| all evidence provided to the defendant under Article 39.14, Code of | ||
| Criminal Procedure, as required by Subsection (j) of that article; | ||
| (8) documenting the punishment that the prosecutor | ||
| recommends as part of a plea bargain agreement, including a | ||
| defendant's consent to waiving certain appeal rights under Rule | ||
| 25.2(a)(2), Texas Rules of Appellate Procedure, if the punishment | ||
| assessed by the court does not exceed the punishment recommended by | ||
| the prosecutor and agreed to by the defendant; and | ||
| (9) waiving a defendant's right to an expunction or to | ||
| an order of nondisclosure of criminal history record information. | ||
| (b) The office shall update the forms as necessary. | ||
| (c) The supreme court by rule shall set the date by which all | ||
| courts with jurisdiction over criminal actions must adopt and use | ||
| the forms created under Subsection (a), and if updated, the date by | ||
| which those courts must adopt and use a form updated under | ||
| Subsection (b). | ||
| (d) A court shall accept a form promulgated by the office | ||
| under this section unless the form has been completed in a manner | ||
| that causes a substantive defect that cannot be cured. | ||
| SECTION 2. Not later than September 1, 2024, the Office of | ||
| Court Administration of the Texas Judicial System shall create and | ||
| promulgate the forms required by Section 72.0385, Government Code, | ||
| as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
