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.