Bill Text: TX HB1346 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to the representation of certain indigent applicants for a writ of habeas corpus.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2015-05-19 - Referred to Administration [HB1346 Detail]
Download: Texas-2015-HB1346-Engrossed.html
By: Alonzo | H.B. No. 1346 |
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relating to the representation of certain indigent applicants for a | ||
writ of habeas corpus. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 11, Code of Criminal Procedure, is | ||
amended by adding Article 11.074 to read as follows: | ||
Art. 11.074. COURT-APPOINTED REPRESENTATION REQUIRED IN | ||
CERTAIN CASES. (a) This article applies only to a felony or | ||
misdemeanor case in which the applicant seeks relief on a writ of | ||
habeas corpus from a judgment of conviction that: | ||
(1) imposes a penalty other than death; or | ||
(2) orders community supervision. | ||
(b) If at any time the state represents to the convicting | ||
court that an eligible indigent defendant under Article 1.051 who | ||
was sentenced or had a sentence suspended is not guilty, is guilty | ||
of only a lesser offense, or was convicted or sentenced under a law | ||
that has been found unconstitutional by the court of criminal | ||
appeals or the United States Supreme Court, the court: | ||
(1) shall appoint an attorney to 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; and | ||
(2) may grant the request for habeas corpus relief, if | ||
the state and the attorney representing the eligible indigent | ||
defendant agree on the requested relief. | ||
(c) An attorney appointed under this article shall be | ||
compensated as provided by Article 26.05. | ||
SECTION 2. The changes in law made by this Act relating to | ||
the application of writ of habeas corpus apply 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 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |