BILL ANALYSIS



H.B. 367
By: Hartnett
04-28-95
Committee Report (Amended)


BACKGROUND

Article 26.13, Code of Criminal Procedure, requires a trial court
to warn a defendant prior to accepting a plea or guilty or nolo
contendere that he may be deported, excluded, or denied
naturalization as a result of such plea if he is not a United
States citizen.  The Court of Criminal Appeals has held that this
warning must be given even when the defendant is in fact a United
States citizen, and that a court's failure to give such a warning
to a United States citizen is grounds for automatic reversal. 

PURPOSE

If enacted, H.B. 367 would eliminate the unnecessary requirement
that a trial court warn a defendant who is a United States citizen
that he could be deported as a result of his guilty or no-contest
plea if he was not a United States citizen. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.13, Code of Criminal Procedure, by
adding Subsection (g) which provides that the failure of a court to
admonish a defendant who pleads guilty or nolo contendere of his
possible deportation, exclusion from the United States, or denial
of naturalization is not error for purposes of appeal if, at the
time of the plea, the defendant is a United States citizen. 

SECTION 2.  This change in the law applies only to a defendant who 
enters a plea of  guilty or nolo contendere on or after the
effective date of this Act.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.



EXPLANATION OF AMENDMENTS

If the court fails to admonish a non-citizen as required, it is a
reversible error.

SUMMARY OF COMMITTEE ACTION

HB 367 was considered by the full committee in a public hearing on
April 3, 1995.  The following person testified in favor of the
bill:

     Galen Ray Sumrow, representing himself.

The following witnesses testified on the bill:

     Sherri Wallace, representing John Vance, Criminal District
     Attorney, Dallas County; and
     Lon Curtis, representing the Texas District and County
     Attorneys Association (TDCAA).

The following witness testified against the bill:

     Keith S. Hampton, representing TCDLA.

HB 367 was left pending in committee.  HB 367 was considered by the
full committee in a formal meeting on April 28, 1995.  The
committee considered one amendment to the bill.  The amendment was
adopted by a non-record vote.  HB 367 was reported favorably as
amended with the recommendation that it do pass and be printed, by
a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.