Bill Text: TX HB3425 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-25 - Withdrawn from schedule [HB3425 Detail]
Download: Texas-2019-HB3425-Introduced.html
86R9916 MAW-F | ||
By: Thompson of Harris | H.B. No. 3425 |
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relating to the consideration of a subsequent writ of habeas corpus | ||
in certain felony cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 4(a), Article 11.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) If a subsequent application for writ of habeas corpus is | ||
filed after final disposition of an initial application challenging | ||
the same conviction, a court may not consider the merits of or grant | ||
relief based on the subsequent application unless the attorney | ||
representing the state consents in writing to that consideration or | ||
unless the application contains sufficient specific facts | ||
establishing that: | ||
(1) the current claims and issues have not been and | ||
could not have been presented previously in an original application | ||
or in a previously considered application filed under this article | ||
because the factual or legal basis for the claim was unavailable on | ||
the date the applicant filed the previous application; or | ||
(2) by a preponderance of the evidence, but for a | ||
violation of the United States Constitution no rational juror could | ||
have found the applicant guilty beyond a reasonable doubt. | ||
SECTION 2. Section 4(a), Article 11.07, Code of Criminal | ||
Procedure, as amended by this Act, applies only to an application | ||
for a writ of habeas corpus filed on or after the effective date of | ||
this Act. An application filed before the effective date of this | ||
Act is governed by the law in effect on the date the application was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |