Tex. Code of Crim. Proc. Article 42.14
In Absence of Defendant


(a)

In a misdemeanor case, the judgment and sentence may be rendered in the absence of the defendant.

(b)

In a felony case, the judgment and sentence may be rendered in the absence of the defendant only if:

(1)

the defendant is confined in a penal institution;

(2)

the defendant is not charged with a felony offense:

(A)

that is listed in Article 42A.054 (Limitation on Judge-ordered Community Supervision)(a); or

(B)

for which it is alleged that:
(i)
a deadly weapon was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; and
(ii)
the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited;

(3)

the defendant in writing before the appropriate court having jurisdiction in the county in which the penal institution is located:

(A)

waives the right to be present at the rendering of the judgment and sentence or to have counsel present;

(B)

affirms that the defendant does not have anything to say as to why the sentence should not be pronounced and that there is no reason to prevent the sentence under Article 42.07 (Reasons to Prevent Sentence);

(C)

states that the defendant has entered into a written plea agreement with the attorney representing the state in the prosecution of the case; and

(D)

requests the court to pronounce sentence in the case in accordance with the plea agreement;

(4)

the defendant and the attorney representing the state in the prosecution of the case have entered into a written plea agreement that is made a part of the record in the case; and

(5)

sentence is pronounced in accordance with the plea agreement.

(c)

A judgment and sentence may be rendered under this article in the absence of the defendant only after the defendant is notified by the court of original jurisdiction of the right to counsel and the defendant requests counsel or waives the right to counsel in accordance with Article 1.051 (Right to Representation by Counsel).

(d)

In this article, “deadly weapon” and “penal institution” have the meanings assigned by Section 1.07 (Definitions), Penal Code.

(e)

If a defendant enters a plea of guilty or nolo contendere under Article 27.19 (Plea by Certain Defendants), the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment. On request for a fingerprint under this subsection, the county in which the defendant is confined shall obtain a fingerprint of the defendant and use first-class mail or other means acceptable to the attorney representing the state and the county to forward the fingerprint to the court accepting the plea.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 291 (H.B. 107), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.17, eff. January 1, 2017.

Source: Article 42.14 — In Absence of Defendant, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­14 (accessed Apr. 13, 2024).

42.02
Sentence
42.04
Sentence When Appeal Is Taken
42.05
If Court Is About to Adjourn
42.07
Reasons to Prevent Sentence
42.08
Cumulative or Concurrent Sentence
42.10
Satisfaction of Judgment as in Misdemeanor Convictions
42.011
Judgment Affecting an Officer or Jailer
42.012
Finding that Controlled Substance Used to Commit Offense
42.013
Finding of Family Violence
42.14
In Absence of Defendant
42.014
Finding that Offense Was Committed Because of Bias or Prejudice
42.15
Fines and Costs
42.015
Finding of Age of Victim
42.16
On Other Judgment
42.016
Special Driver’s License or Identification Requirements for Certain Sex Offenders
42.017
Finding Regarding Age-based Offense
42.17
Transfer Under Treaty
42.018
Notice Provided by Clerk of Court
42.019
Motor Fuel Theft
42.20
Immunities
42.21
Notice of Release of Family Violence Offenders
42.22
Restitution Liens
42.23
Notification of Court of Family Violence Conviction
42.023
Judge May Consider Alternative Sentencing
42.24
Prohibiting Contact with Victim
42.25
Filing of Reporter Notes
42.025
Sentencing Hearing at Secondary School
42.033
Sentence to Serve Time During Off-work Hours
42.034
County Jail Work Release Program
42.035
Electronic Monitoring
42.036
Community Service
42.037
Restitution
42.038
Reimbursement for Confinement Expenses
42.039
Completion of Sentence in Federal Custody
42.111
Deferral of Proceedings in Cases Appealed to County Court
42.122
[Adult Probation Officers of the 222nd Judicial District
42.0131
Required Notice for Persons Convicted of Misdemeanors Involving Family Violence
42.141
Battering Intervention and Prevention Program
42.151
Fees for Abused Children’s Counseling
42.152
Repayment of Reward
42.0175
Finding Regarding Certain Health Care Professionals
42.0181
Notice of Theft, Fraud, Money Laundering, or Insurance Fraud Provided by Clerk of Court
42.0182
Findings Regarding Tax Fraud
42.0183
Notice of Family Violence Offenses Provided by Clerk of Court
42.0191
Finding Regarding Victims of Trafficking or Other Abuse
42.0192
Finding Regarding Offense Related to Performance of Public Service
42.0193
Finding Regarding Offense Related to Conduct of Certain Corrections Employees
42.0194
Finding Regarding Felony Conviction
42.0196
Finding Regarding Offense Related to Performance of Public Service
42.0197
Finding Regarding Gang-related Conduct
42.0198
Finding Regarding Delay in Arrest of Defendant
42.0199
Finding Regarding Diligent Participation Credit
42.0371
Mandatory Restitution for Kidnapped or Abducted Children
42.0372
Mandatory Restitution for Child Victims of Trafficking of Persons or Compelling Prostitution
42.0373
Mandatory Restitution for Child Witness of Family Violence
42.0375
Mandatory Restitution for Child of Victim of Intoxication Manslaughter
42.01991
Finding Regarding Agreement on Parole Eligibility for Certain Defendants

Accessed:
Apr. 13, 2024

Art. 42.14’s source at texas​.gov