By Hartnett                                            H.B. No. 367
       74R2875 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to admonishments to defendants on the effects of a plea of
    1-3  guilty or nolo contendere in a criminal case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 26.13, Code of Criminal Procedure, is
    1-6  amended by  adding Subsection (g) to read as follows:
    1-7        (g)  The failure of a court to admonish a defendant as
    1-8  required by Subsection (a)(4) does not constitute error for
    1-9  purposes of appeal if at the time of entering the plea of guilty or
   1-10  nolo contendere the defendant is a citizen of the United States.
   1-11        SECTION 2.  The change in law made by this Act applies only
   1-12  to a defendant who enters a plea of guilty or nolo contendere on or
   1-13  after the effective date of this Act.  A defendant who enters a
   1-14  plea of guilty  or nolo contendere before the effective date of
   1-15  this Act is covered by the law in effect when the plea was entered,
   1-16  and the former law is continued in effect for that purpose.
   1-17        SECTION 3.  This Act takes effect September 1, 1995.
   1-18        SECTION 4.  The importance of this legislation and the
   1-19  crowded condition of the calendars in both houses create an
   1-20  emergency and an imperative public necessity that the
   1-21  constitutional rule requiring bills to be read on three several
   1-22  days in each house be suspended, and this rule is hereby suspended.
   1-23                       COMMITTEE AMENDMENT NO. 1
   1-24        Amend HB 367 by adding the following starting on Page 1, line
    2-1  10 after the word "States.":  It is reversible error if the court
    2-2  fails to admonish a non-citizen as required by subsection (a)(4).
    2-3                                                               Farrar