Bill Text: TX HB464 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to certain procedures for and relief that may be granted pursuant to an application for a writ of habeas corpus.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-13 - Received from the House [HB464 Detail]
Download: Texas-2019-HB464-Engrossed.html
By: Moody, Guillen | H.B. No. 464 |
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relating to certain procedures for and relief that may be granted | ||
pursuant to an application for a writ of habeas corpus. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 11.073(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) A court may grant a convicted person relief on an | ||
application for a writ of habeas corpus if: | ||
(1) the convicted person files an application, in the | ||
manner provided by Article 11.07, 11.071, or 11.072, containing | ||
specific facts indicating that: | ||
(A) relevant scientific evidence is currently | ||
available and was not available at the time of the convicted | ||
person's trial because the evidence was not ascertainable through | ||
the exercise of reasonable diligence by the convicted person before | ||
the date of or during the convicted person's trial; and | ||
(B) the scientific evidence would be admissible | ||
under the Texas Rules of Evidence at a trial held on the date of the | ||
application; and | ||
(2) the court makes the findings described by | ||
Subdivisions (1)(A) and (B) and also finds that, had the scientific | ||
evidence been presented at trial, on the preponderance of the | ||
evidence the person would not have been convicted or would have | ||
received a different punishment. | ||
SECTION 2. Article 11.074, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(b) If at any time the state represents to the convicting | ||
court that an eligible indigent defendant under Article 1.051 has | ||
under a writ of habeas corpus a potentially meritorious claim for | ||
relief from a judgment described by Subsection (a) [ |
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appoint an attorney to investigate the claim and represent the | ||
indigent defendant for purposes of filing an application for a writ | ||
of habeas corpus, if an application has not been filed, or to | ||
otherwise represent the indigent defendant in a proceeding based on | ||
the application for the writ. | ||
(b-1) For purposes of Subsection (b), a potentially | ||
meritorious claim is any claim the court determines is likely to | ||
provide relief, including a claim that the defendant: | ||
(1) is or may be actually innocent of the offense; | ||
(2) is or may be guilty of only a lesser offense; | ||
(3) was or may have been convicted or sentenced under a | ||
law that has been found unconstitutional by the court of criminal | ||
appeals or the United States Supreme Court; or | ||
(4) was or may have been convicted or sentenced in | ||
violation of the constitution of this state or the United States. | ||
SECTION 3. Article 11.073, 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 when the application was filed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 4. The change in law made by this Act to Article | ||
11.074, Code of Criminal Procedure, relating to an application | ||
filed for a writ of habeas corpus applies regardless of whether the | ||
offense for which the applicant is in custody was committed before, | ||
on, or after the effective date of this Act. | ||
SECTION 5. This Act takes effect December 1, 2019. |