Texas 2013 - 83rd Regular

Texas House Bill HB2964

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain remedies involving habeas corpus proceedings for persons improperly advised about the consequences of a plea of guilty or nolo contender and for persons affected by a change in law after entering such a plea.

Impact

By enabling individuals who relied on outdated or improperly understood legal advice when entering their pleas to seek relief, HB2964 aims to create more equitable outcomes in the criminal justice process. The bill's introduction reflects a growing recognition of the need for robust legal counsel and transparency within plea negotiations. Furthermore, it outlines conditions under which individuals can challenge their pleas should the law change after their plea was entered, adding a layer of protection for defendants who might be adversely affected by legislative changes.

Summary

House Bill 2964 addresses critical issues related to habeas corpus proceedings for individuals who may have entered guilty or nolo contendere pleas without proper advisement of the consequences. Specifically, it allows individuals to file for a writ of habeas corpus if they were not adequately informed about the material aspects linked to their pleas. This legislative measure responds to the need for fairness in the legal system, particularly for those potentially inadequately represented during plea negotiations.

Sentiment

The sentiment surrounding HB2964 appears to be generally positive among advocates for criminal justice reform, as it seeks to rectify past injustices that could have resulted from inadequate legal counseling. Supporters argue that the bill enhances justice by providing recourse for individuals who might otherwise remain bound by unfavorable plea agreements. However, there may be some concerns regarding the potential implications for court resources and the procedural complexity it introduces into habeas corpus applications.

Contention

While HB2964 seeks to ensure justice for those entering guilty pleas, there may be contention regarding its implementation and impact on existing processes. Opponents could argue that the measures could overwhelm the court system or lead to increased scrutiny of plea bargain processes. Additionally, the bill touches on broader themes of legal representation and the adequacy of counsel, which are ongoing discussions within the context of criminal reform and the rights of defendants.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.