HBA-KMH H.B. 3488 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3488
By: Dunnam
Criminal Jurisprudence
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

The Sex Offender Registration Program, as enacted in 1991, required judges
to admonish defendants about their duty to register as sex offenders.
However, when this program was codified last session in Chapter 62 (Sex
Offender Registration Program), Code of Criminal Procedure, the
admonishment requirement was not included. Since registration requirements
are longer than before (lifetime registration for most offenders), some
feel defendants pleading guilty ought to be informed of this provision.
Full disclosure of all available penalties could reduce legal challenges to
the voluntariness of the plea.  H.B. 3488 requires an admonishment be given
prior to accepting a plea of guilty or nolo contendere that informs the
defendant of this registration. 

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 26.13(a), Code of Criminal Procedure, to include
in the list of admonishments which are required to be given by a judge to a
defendant prior to accepting a plea of guilty or nolo contendere the fact
that the defendant will be required to meet the registration requirements
of Chapter 62 (Sex Offender Registration Program), as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997,  and a description of
the duration of the registration requirements applicable to the defendant.
Provides that this admonishment is required if the defendant is convicted
of or placed on deferred adjudication for an offense for which a person is
subject to registration under Chapter 62. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.