HBA-AMW, EDN H.B. 368 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 368
By: Hinojosa
Criminal Jurisprudence
2/16/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, after a jury is impaneled, or after the defendant has
waived trial by jury, the defendant may plead guilty or not guilty, enter a
plea of nolo contendere, or enter the special plea of double jeopardy.
Current law does not require the justice to give oral or written
information to a defendant prior to accepting a plea of guilty or a plea of
nolo contendere.  Counsel, whether appointed or retained, sometimes fails
to fully advise a client of the consequences of entering either of these
pleas.  As a result, defendants may not be fully informed of the range of
punishment attached to the offense, the fact that any recommendation of the
prosecuting attorney is not binding on the justice, or possible
consequences of the plea relating to immigration status.  House Bill 368
requires a justice, prior to accepting a plea of guilty or a plea of nolo
contendere, to inform the defendant of the aforementioned information.  

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. 

ANALYSIS

House Bill 368 amends the Code of Criminal Procedure to require a justice,
before accepting a plea of guilty or nolo contendere, to inform the
defendant orally or in writing of: 

_the range of punishment attached to the offense;

_the fact that a recommendation of the prosecuting attorney is not binding
on the justice; and  
_possible consequences of the plea, including, as applicable, deportation,
the exclusion from admission to this country, or the denial of
naturalization under federal law. 

EFFECTIVE DATE

September 1, 2001.