Texas House Bill HB1011

Texas 2017 - 85th Regular

Caption

Relating to the procedure for an application for a writ of habeas corpus after a plea of guilty or nolo contendere.

Impact

The enactment of HB 1011 could lead to a significant shift in how certain aspects of criminal law are approached in Texas. For individuals who felt they were inadequately informed when entering a guilty or nolo contendere plea, this bill opens a pathway for potential legal remedies that were previously limited. Additionally, the provision for retroactive application of legal changes could allow those who have already entered such pleas to benefit from new laws that might alter the landscape of their cases, thereby ensuring that justice is served fairly, even post-conviction.

Summary

House Bill 1011 focuses on the procedures surrounding the application for a writ of habeas corpus following a guilty or nolo contendere plea. The bill introduces a new Article 11.075 to the Code of Criminal Procedure, allowing individuals to seek relief from their convictions under specific circumstances. These include cases where the individual was not adequately advised about the consequences of their plea or where a subsequent change in law that applies retroactively impacts their case. This legislative change is intended to provide additional opportunities for individuals in certain situations to contest their convictions.

Contention

While HB 1011 is generally aimed at enhancing legal rights for defendants, it could also spark discussion surrounding its implications for the judicial system. Concerns may arise regarding the potential for increased applications for writs of habeas corpus as individuals seek to challenge their pleas under this new law. Additionally, the requirement for consent from the attorney representing the state to set aside a plea could raise questions about the balance of power in such decisions. Opponents might argue that this could lead to unnecessary delays in the justice process, while supporters would contend that it reinforces the rights of the accused.