Bill Text: TX HB1528 | 2019-2020 | 86th Legislature | Enrolled

---

Bill Title: Relating to certain procedures applicable to certain offenses involving family violence.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB1528 Detail]

Download: Texas-2019-HB1528-Enrolled.html

---

H.B. No. 1528

AN ACT
relating to certain procedures applicable to certain offenses
involving family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 27.14(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A defendant charged with a misdemeanor for which the
maximum possible punishment is by fine only may, in lieu of the
method provided in Subsection (a), mail or deliver in person to the
court a plea of "guilty" or a plea of "nolo contendere" and a waiver
of jury trial. The defendant may also request in writing that the
court notify the defendant, at the address stated in the request, of
the amount of an appeal bond that the court will approve. If the
court receives a plea and waiver before the time the defendant is
scheduled to appear in court, the court shall dispose of the case
without requiring a court appearance by the defendant. If the court
receives a plea and waiver after the time the defendant is scheduled
to appear in court but at least five business days before a
scheduled trial date, the court shall dispose of the case without
requiring a court appearance by the defendant. The court shall
notify the defendant either in person or by regular mail of the
amount of any fine or costs assessed in the case, information
regarding the alternatives to the full payment of any fine or costs
assessed against the defendant, if the defendant is unable to pay
that amount, and, if requested by the defendant, the amount of an
appeal bond that the court will approve. Except as otherwise
provided by this code, the defendant shall pay any fine or costs
assessed or give an appeal bond in the amount stated in the notice
before the 31st day after receiving the notice. This subsection
does not apply to a defendant charged with a misdemeanor involving
family violence, as defined by Section 71.004, Family Code.
SECTION 2. Article 27.14(e)(2), Code of Criminal Procedure,
is amended to read as follows:
(2) The court may provide the admonishment under
Subdivision (1) orally or in writing[, except that if the defendant
is charged with a misdemeanor punishable by fine only, the
statement printed on a citation issued under Article 14.06(b) may
serve as the court admonishment required by this subsection].
SECTION 3. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0211 to read as follows:
Art. 45.0211. PLEA BY DEFENDANT CHARGED WITH FAMILY
VIOLENCE OFFENSE. (a) In this article, "family violence" has the
meaning assigned by Section 71.004, Family Code.
(b) If a defendant is charged with an offense involving
family violence, the judge or justice must take the defendant's
plea in open court.
SECTION 4. Article 66.102(f), Code of Criminal Procedure,
is amended to read as follows:
(f) Information in the computerized criminal history system
relating to sentencing must include for each sentence:
(1) the sentencing date;
(2) the sentence for each offense, by offense code and
incident number;
(3) if the offender was sentenced to confinement:
(A) the agency that receives custody of the
offender;
(B) the length of the sentence for each offense;
and
(C) if multiple sentences were ordered, whether
the sentences were ordered to be served consecutively or
concurrently;
(4) if the offender was sentenced to pay a fine, the
amount of the fine;
(5) if a sentence to pay a fine or to confinement was
ordered but was deferred, probated, suspended, or otherwise not
imposed:
(A) the length of the sentence or the amount of
the fine that was deferred, probated, suspended, or otherwise not
imposed; and
(B) the offender's name, offense code, and
incident number; [and]
(6) if a sentence other than a fine or confinement was
ordered, a description of the sentence ordered; and
(7) whether the judgment imposing the sentence
reflects an affirmative finding entered under Article 42.013
(Finding of Family Violence).
SECTION 5. Article 66.252, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (g) to
read as follows:
(b) The arresting law enforcement agency shall prepare a
uniform incident fingerprint card described by Article 66.251 and
initiate the reporting process for each offender charged with:
(1) a felony;
(2) [or] a misdemeanor for which a term of confinement
may be imposed; or
(3) a misdemeanor punishable by fine only that
involves family violence, as defined by Section 71.004, Family Code
[other than a misdemeanor punishable by fine only].
(g) On disposition of a case in which an offender is charged
with a misdemeanor described by Subsection (b)(3), the clerk of the
court exercising jurisdiction over the case shall report the
applicable information regarding the person's citation or arrest
and the disposition of the case to the Department of Public Safety
using a uniform incident fingerprint card described by Article
66.251 or an electronic methodology approved by the Department of
Public Safety.
SECTION 6.
Article 27.14, Code of Criminal Procedure, as
amended by this Act, and Article 45.0211, Code of Criminal
Procedure, as added by this Act, apply only to the entry of a plea
with respect to an offense committed on or after the effective date
of this Act. The entry of a plea with respect to an offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 7. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1528 was passed by the House on May 1,
2019, by the following vote: Yeas 100, Nays 46, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1528 on May 22, 2019, by the following vote: Yeas 102, Nays 39,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1528 was passed by the Senate, with
amendments, on May 15, 2019, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor