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.