(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.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 27 - The Pleading in Criminal Actions
Article 27.01. Indictment or Information
Article 27.02. Defendant's Pleadings
Article 27.03. Motion to Set Aside Indictment
Article 27.04. Motion Tried by Judge
Article 27.05. Defendant's Special Plea
Article 27.06. Special Plea Verified
Article 27.07. Special Plea Tried
Article 27.08. Exception to Substance of Indictment
Article 27.09. Exception to Form of Indictment
Article 27.10. Written Pleadings
Article 27.11. Ten Days Allowed for Filing Pleadings
Article 27.12. Time After Service
Article 27.13. Plea of Guilty or Nolo Contendere in Felony
Article 27.14. Plea of Guilty or Nolo Contendere in Misdemeanor
Article 27.15. Change of Venue to Plead Guilty
Article 27.16. Plea of Not Guilty, How Made
Article 27.17. Plea of Not Guilty Construed