By: Alonzo H.B. No. 2964
A BILL TO BE ENTITLED
AN ACT
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 perso
ns affected by a change in law
after entering such a plea.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Code of Criminal Procedure, is
amended by adding Article 26.131 to read as follows:
Art. 26.131. HABEAS CORPUS AFTER PLEA OR AFTER CONVICTION
OR SENTENCE ON PLEA OF GUILTY OR NOLO CONTENDERE.
(a) If a person was convicted of or sentenced for an offense
based on entering a plea of guilty or nolo contendere when the
person was not properly advised as to a material direct or indirect
consequence of the plea, the person is entitled to file an
application for a writ of habeas corpus under Chapter 11.
(b) If a person enters a plea of guilty or nolo contendere in
reliance on a law that is subsequently changed and applied
retroactively, the person is entitled to file an application for a
writ of habeas corpus under Chapter 11 to request the court to set
aside the plea.
(c) If counsel for the applicant and the attorney
representing the state agree on the merits of the claim, the court
shall set aside the plea at the hearing conducted under Chapter 11.
SECTION 2. This Act takes effect September 1, 2013.