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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for an application for a writ of habeas |
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corpus after a plea of guilty or nolo contendere. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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amended by adding Article 11.075 to read as follows: |
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Art. 11.075. APPLICATION AFTER PLEA OF GUILTY OR NOLO |
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CONTENDERE. (a) A person may file an application for a writ of |
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habeas corpus seeking relief from a conviction or confinement |
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following a plea of guilty or nolo contendere if: |
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(1) the person was not properly advised as to a |
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material direct or indirect consequence of the plea; or |
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(2) subsequent to the plea, there has been a change in |
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a law applicable to the person's case and the change applies |
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retroactively. |
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(b) With the consent of the attorney representing the state, |
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the court shall set aside the plea of guilty or nolo contendere if |
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the court finds that the application meets the requirements of |
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Subsection (a). |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a writ of habeas corpus filed on or after the |
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effective date of this Act. An application for a writ of habeas |
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corpus filed before the effective date of this Act is governed by |
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the law in effect at the time the application was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |