Texas Code of Criminal Procedure

§ 27.19 — PLEA BY CERTAIN DEFENDANTS

CR § 27.19Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 27. THE PLEADING IN CRIMINAL ACTIONS

Statute text

(a)Notwithstanding any other provision of this code, a court shall accept a plea of guilty or nolo contendere from a defendant who is confined in a penal institution if the plea is made:

(1)in accordance with the procedure established by Article 27.18; or

(2)in writing, including a writing delivered by United States mail or secure electronic or facsimile transmission, before the appropriate court having jurisdiction in the county in which the penal institution is located, provided that:

(A)the defendant is notified by the court of original jurisdiction of the right to counsel and the procedures for requesting appointment of counsel, and is provided a reasonable opportunity to request a court-appointed lawyer;

(B)if the defendant elects to proceed without counsel, the defendant must waive the right to counsel in accordance with Article 1.051;

(C)the defendant must waive the right to be present at the taking of the plea or to have counsel present, if the defendant has counsel; and

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 665 (S.B. 1522), Sec. 1, eff. September 1, 2011.