Bill Text: TX HB2130 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the duties of the court regarding a plea bargain agreement that requires a defendant to pay costs associated with court-appointed counsel.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-01 - Left pending in committee [HB2130 Detail]

Download: Texas-2019-HB2130-Introduced.html
  86R3591 MAW-D
 
  By: Walle H.B. No. 2130
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duties of the court regarding a plea bargain
  agreement that requires a defendant to pay costs associated with
  court-appointed counsel.
         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 (h-2) to read as follows:
         (h-2)(1)  Before accepting a plea of guilty or a plea of nolo
  contendere in a case in which a plea bargain agreement exists, the
  court shall inquire as to whether the agreement requires the
  defendant to pay in part or in whole the costs of legal services
  provided to the defendant in accordance with Article 1.051(c) or
  (d), including any expenses and costs.
               (2)  If the plea bargain agreement requires payment of
  the costs of legal services as described by Subdivision (1), the
  court shall determine, in accordance with Articles 26.05(g) and
  42A.301(b)(11), the amount the defendant is able to pay for the
  legal services.
               (3)  The failure of the court to comply with
  Subdivision (1) or (2) is not a ground for the defendant to set
  aside the conviction, sentence, or plea, except that after
  imposition of the sentence or placement on community supervision,
  including deferred adjudication community supervision, any order
  requiring the defendant to pay an amount for legal services becomes
  void if the court does not substantially comply with those
  subdivisions.
         SECTION 2.  The change in law made by this Act applies only
  to a plea of guilty or nolo contendere entered on or after the
  effective date of this Act, regardless of whether the offense with
  reference to which the plea is entered is committed before, on, or
  after that date.
         SECTION 3.  This Act takes effect September 1, 2019.
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