HBA-NMO H.B. 2188 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2188
By: Hinojosa
Criminal Jurisprudence
4/26/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a defendant to plead guilty or not guilty, or enter
a plea of nolo contendere or the special plea.  H.B. 2188  requires the
justice, before accepting a plea of guilty or a plea of nolo contendere, to
inform the defendant orally or in writing of the range of punishment
attached to the offense, the fact that any recommendation of the
prosecuting attorney is not binding on the justice, and the possible
consequences of the plea.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 45.31, Code of Criminal Procedure, as follows:

Art. 45.31.  New title:  DEFENDANT'S PLEA.  Deletes "defendant shall
plead."  (a) Makes nonsubstantive changes. 

(b) Requires the justice, before accepting a plea of guilty or a plea of
nolo contendere, to inform the defendant orally or in writing of the range
of punishment attached to the offense, the fact that any recommendation of
the prosecuting attorney is not binding on the justice, and the possible
consequences of the plea, including, as applicable, deportation, the
exclusion from admission to this country, or the denial of naturalization
under federal law. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.