By Pitts                                         H.B. No. 871

      75R4448 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to admonitions 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, 1997.

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.