Bill Text: TX SB1743 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to expanding the powers and duties of the office of capital writs and renaming the office of capital writs the office of capital and forensic writs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB1743 Detail]
Download: Texas-2015-SB1743-Introduced.html
Bill Title: Relating to expanding the powers and duties of the office of capital writs and renaming the office of capital writs the office of capital and forensic writs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB1743 Detail]
Download: Texas-2015-SB1743-Introduced.html
84R3079 AJZ-D | ||
By: Hinojosa | S.B. No. 1743 |
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relating to expanding the powers and duties of the office of capital | ||
writs and renaming the office of capital writs the Texas office of | ||
post-conviction defender. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 78, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 78. CAPITAL WRITS COMMITTEE AND TEXAS OFFICE OF | ||
POST-CONVICTION DEFENDER [ |
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SECTION 2. The heading to Subchapter B, Chapter 78, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. TEXAS OFFICE OF POST-CONVICTION DEFENDER [ |
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SECTION 3. Section 78.051(2), Government Code, is amended | ||
to read as follows: | ||
(2) "Office" means the Texas office of post-conviction | ||
defender [ |
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SECTION 4. Section 78.052(a), Government Code, is amended | ||
to read as follows: | ||
(a) The Texas office of post-conviction defender [ |
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supervision of the director of the office. | ||
SECTION 5. Section 78.053(b), Government Code, is amended | ||
to read as follows: | ||
(b) The director shall employ attorneys and employ or retain | ||
licensed investigators, experts, and other personnel necessary to | ||
perform the duties of the office. To be employed by the director, | ||
an attorney may not have been found by a state or federal court to | ||
have rendered ineffective assistance of counsel during the trial or | ||
appeal of a criminal [ |
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SECTION 6. Section 78.054, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) The office may not represent a defendant in a federal | ||
habeas review. The office may not represent a defendant in an action | ||
or proceeding in state court other than an action or proceeding | ||
that: | ||
(1) is conducted under Article 11.071 or 11.073, Code | ||
of Criminal Procedure; | ||
(2) is collateral to the preparation of an application | ||
under Article 11.071 or 11.073, Code of Criminal Procedure; [ |
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(3) concerns any other post-conviction matter in a | ||
death penalty case other than a direct appeal, including an action | ||
or proceeding under Article 46.05 or Chapter 64, Code of Criminal | ||
Procedure; or | ||
(4) concerns any other post-conviction matter in a | ||
case that involves a forensic science issue. | ||
(d) The office may consult with law school clinics with | ||
applicable knowledge and experience and with other experts as | ||
necessary to investigate the facts of a particular case. | ||
SECTION 7. This Act takes effect September 1, 2015. |