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A BILL TO BE ENTITLED
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AN ACT
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relating to certain remedies involving habeas corpus proceedings |
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for persons improperly advised about the consequences of a plea of |
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guilty or nolo contender and for perso |
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ns affected by a change in law |
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after entering such a plea. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 26, Code of Criminal Procedure, is |
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amended by adding Article 26.131 to read as follows: |
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Art. 26.131. HABEAS CORPUS AFTER PLEA OR AFTER CONVICTION |
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OR SENTENCE ON PLEA OF GUILTY OR NOLO CONTENDERE. |
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(a) If a person was convicted of or sentenced for an offense |
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based on entering a plea of guilty or nolo contendere when the |
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person was not properly advised as to a material direct or indirect |
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consequence of the plea, the person is entitled to file an |
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application for a writ of habeas corpus under Chapter 11. |
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(b) If a person enters a plea of guilty or nolo contendere in |
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reliance on a law that is subsequently changed and applied |
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retroactively, the person is entitled to file an application for a |
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writ of habeas corpus under Chapter 11 to request the court to set |
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aside the plea. |
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(c) If counsel for the applicant and the attorney |
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representing the state agree on the merits of the claim, the court |
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shall set aside the plea at the hearing conducted under Chapter 11. |
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SECTION 2. This Act takes effect September 1, 2013. |