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.