| 1 | 1 | | 85R4678 JRR-F |
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| 2 | 2 | | By: Alonzo H.B. No. 1011 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedure for an application for a writ of habeas |
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| 8 | 8 | | corpus after a plea of guilty or nolo contendere. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 11.075 to read as follows: |
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| 12 | 12 | | Art. 11.075. APPLICATION AFTER PLEA OF GUILTY OR NOLO |
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| 13 | 13 | | CONTENDERE. (a) A person may file an application for a writ of |
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| 14 | 14 | | habeas corpus seeking relief from a conviction or confinement |
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| 15 | 15 | | following a plea of guilty or nolo contendere if: |
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| 16 | 16 | | (1) the person was not properly advised as to a |
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| 17 | 17 | | material direct or indirect consequence of the plea; or |
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| 18 | 18 | | (2) subsequent to the plea, there has been a change in |
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| 19 | 19 | | a law applicable to the person's case and the change applies |
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| 20 | 20 | | retroactively. |
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| 21 | 21 | | (b) With the consent of the attorney representing the state, |
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| 22 | 22 | | the court shall set aside the plea of guilty or nolo contendere if |
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| 23 | 23 | | the court finds that the application meets the requirements of |
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| 24 | 24 | | Subsection (a). |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to an application for a writ of habeas corpus filed on or after the |
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| 27 | 27 | | effective date of this Act. An application for a writ of habeas |
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| 28 | 28 | | corpus filed before the effective date of this Act is governed by |
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| 29 | 29 | | the law in effect at the time the application was filed, and the |
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| 30 | 30 | | former law is continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2017. |
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