Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3580 by Alonzo (Relating to the procedure for an application for a writ of habeas corpus after a plea of guilty or nolo contendere.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to authorize a person who has pled guilty or nolo contender to a criminal offense to file a writ of habeas corpus seeking relief from conviction or confinement only if the person was not advised of the consequence of the plea or, if after the plea, an applicable law was changed that applied retroactively. With the consent of the attorney representing the state, the court could be authorized to set aside the plea. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council