Bill Text: TX SB344 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the procedure for an application for a writ of habeas corpus based on relevant scientific evidence.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB344 Detail]
Download: Texas-2013-SB344-Enrolled.html
S.B. No. 344 |
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relating to the procedure for an application for a writ of habeas | ||
corpus based on relevant scientific evidence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 11, Code of Criminal Procedure, is | ||
amended by adding Article 11.073 to read as follows: | ||
Art. 11.073. PROCEDURE RELATED TO CERTAIN SCIENTIFIC | ||
EVIDENCE. (a) This article applies to relevant scientific | ||
evidence that: | ||
(1) was not available to be offered by a convicted | ||
person at the convicted person's trial; or | ||
(2) contradicts scientific evidence relied on by the | ||
state at trial. | ||
(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. | ||
(c) For purposes of Section 4(a)(1), Article 11.07, Section | ||
5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim | ||
or issue could not have been presented previously in an original | ||
application or in a previously considered application if the claim | ||
or issue is based on relevant scientific evidence that was not | ||
ascertainable through the exercise of reasonable diligence by the | ||
convicted person on or before the date on which the original | ||
application or a previously considered application, as applicable, | ||
was filed. | ||
(d) In making a finding as to whether relevant scientific | ||
evidence was not ascertainable through the exercise of reasonable | ||
diligence on or before a specific date, the court shall consider | ||
whether the scientific knowledge or method on which the relevant | ||
scientific evidence is based has changed since: | ||
(1) the applicable trial date or dates, for a | ||
determination made with respect to an original application; or | ||
(2) the date on which the original application or a | ||
previously considered application, as applicable, was filed, for a | ||
determination made with respect to a subsequent application. | ||
SECTION 2. The change in law made 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 for a writ of habeas | ||
corpus filed before the effective date of this Act is governed by | ||
the law in effect at the time the application was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 344 passed the Senate on | ||
March 25, 2013, by the following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 344 passed the House on | ||
May 16, 2013, by the following vote: Yeas 143, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |