Bill Text: TX HB489 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to providing certain information to criminal defendants before a plea is entered or before the defendant elects to have punishment assessed by a jury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-22 - Left pending in committee [HB489 Detail]
Download: Texas-2021-HB489-Introduced.html
| 87R126 LHC-D | ||
| By: Wu | H.B. No. 489 | |
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| relating to providing certain information to criminal defendants | ||
| before a plea is entered or before the defendant elects to have | ||
| punishment assessed by a jury. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 26.13, Code of Criminal Procedure, is | ||
| amended by adding Subsection (j) to read as follows: | ||
| (j) Before accepting a plea of guilty or a plea of nolo | ||
| contendere for an offense punishable as a felony, the court shall | ||
| admonish the defendant regarding: | ||
| (1) the applicable provisions governing whether the | ||
| judge or a jury will assess punishment in the case; | ||
| (2) the range of punishments the judge or jury is | ||
| authorized to consider; and | ||
| (3) the effect of judge or jury sentencing on the | ||
| eligibility of the defendant for: | ||
| (A) judge-ordered community supervision under | ||
| Article 42A.053; | ||
| (B) jury-recommended community supervision under | ||
| Article 42A.055; and | ||
| (C) deferred adjudication community supervision | ||
| under Subchapter C, Chapter 42A. | ||
| SECTION 2. Chapter 28, Code of Criminal Procedure, is | ||
| amended by adding Article 28.15 to read as follows: | ||
| Art. 28.15. JURY SENTENCING. Before a defendant who is | ||
| charged with an offense punishable as a felony files a sworn motion | ||
| for community supervision as provided by Article 42A.055(b) or | ||
| elects in writing to have punishment assessed by a jury, the court | ||
| shall admonish the defendant regarding: | ||
| (1) the range of punishments the judge or jury is | ||
| authorized to consider; and | ||
| (2) the effect of judge or jury sentencing on the | ||
| eligibility of the defendant for: | ||
| (A) judge-ordered community supervision under | ||
| Article 42A.053; | ||
| (B) jury-recommended community supervision under | ||
| Article 42A.055; and | ||
| (C) deferred adjudication community supervision | ||
| under Subchapter C, Chapter 42A. | ||
| SECTION 3. The changes in law made by this Act apply to a | ||
| plea of guilty or nolo contendere entered or a motion or election | ||
| for a jury to assess punishment made on or after the effective date | ||
| of this Act, regardless of whether the offense with reference to | ||
| which the plea is entered or motion or election is made is committed | ||
| before, on, or after that date. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
