(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
(D) if the defendant is charged with a felony, judgment and sentence are rendered in accordance with the conditions and the procedure established by Article 42.14(b).
(b) In this article, “penal institution” has the meaning assigned by Section 1.07, Penal Code.
(c) Before accepting a plea submitted under Subsection (a)(2), the court shall verify that the person submitting the plea is:
(1) the defendant named in the information or indictment; or
(2) a person with legal authority to act for the defendant named in the information or indictment.
Added by Acts 2009, 81st Leg., R.S., Ch. 291 (H.B. 107), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 665 (S.B. 1522), Sec. 1, eff. September 1, 2011.
Art. | Art. 27.02. | Art. 27.03. | Art. 27.04. | Art. 27.05. | Art. 27.06. | Art. 27.07. | Art. 27.08. | Art. 27.09. | Art. 27.10. | Art. 27.11. | Art. 27.12. | Art. 27.13. | Art. 27.14. | Art. 27.15. | Art. 27.16. | Art. 27.17. | Art. 27.18.