Bill: HB 1996, 86(R) - 2019

Committee

House Criminal Jurisprudence

2nd Chamber Committee

Senate State Affairs

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Neutral Neutral Neutral Neutral Neutral Neutral

Author(s)

Ben Leman

Bill Caption

Relating to admonitions given by a court to a defendant before accepting a plea of guilty or nolo contendere.

Fiscal Notes

No significant fiscal implication to the State is anticipated.


Bill Analysis

Under current statute, courts are required to make certain admonitions to defendants either orally or in writing if the defendant enters a plea of guilty or no contest. One of the required admonitions is "that if the defendant is not a citizen of the United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law." HB 1966 would require this admonition to be made both orally and in writing. 

The court would be required to receive a statement signed by the defendant and the defendant’s attorney that the defendant understands the admonition required and is aware of the consequences of the plea.

Vote Recommendation Notes

While this bill is procedural in nature and does not appear to affect our liberty principles, we are concerned that it may add an unnecessary administrative burden on the courts. That concern notwithstanding, we remain neutral. 

Organizations Supporting

Texas Public Policy Foundation

Source URL (retrieved on 04/23/2024 04:04 AM): http://reports.texasaction.com/bill/86r/hb1996?print_view=true