HBA-NMO H.B. 2188 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2188 By: Hinojosa Criminal Jurisprudence 4/26/1999 Introduced BACKGROUND AND PURPOSE Current law authorizes a defendant to plead guilty or not guilty, or enter a plea of nolo contendere or the special plea. H.B. 2188 requires the justice, before accepting a plea of guilty or a plea of nolo contendere, to inform the defendant orally or in writing of the range of punishment attached to the offense, the fact that any recommendation of the prosecuting attorney is not binding on the justice, and the possible consequences of the plea. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 45.31, Code of Criminal Procedure, as follows: Art. 45.31. New title: DEFENDANT'S PLEA. Deletes "defendant shall plead." (a) Makes nonsubstantive changes. (b) Requires the justice, before accepting a plea of guilty or a plea of nolo contendere, to inform the defendant orally or in writing of the range of punishment attached to the offense, the fact that any recommendation of the prosecuting attorney is not binding on the justice, and the possible consequences of the plea, including, as applicable, deportation, the exclusion from admission to this country, or the denial of naturalization under federal law. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.