Bill Text: TX HB1908 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 1908

TX State Legislature page for HB1908

Introduced

Bill Title: Relating to the procedure for an application for a writ of habeas corpus filed in certain felony cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-04-04 - Referred directly to subcommittee by chair [HB1908 Detail]

Download: Texas-2023-HB1908-Introduced.html

	88R4787 JSC-D

	By: Anchía	H.B. No. 1908



	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedure for an application for a writ of habeas
	corpus filed in certain felony cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 3(b), Article 11.07, Code of Criminal
	Procedure, is amended to read as follows:
	(b) An application for writ of habeas corpus filed after
	final conviction in a felony case, other than a case in which the
	death penalty is imposed, must be filed with the clerk of the court
	in which the conviction being challenged was obtained, and the
	clerk shall assign the application to that court. When the
	application is received by that court, a writ of habeas corpus,
	returnable to the Court of Criminal Appeals, shall issue by
	operation of law. The clerk of that court shall make appropriate
	notation thereof, assign to the case a file number (ancillary to
	that of the conviction being challenged), and forward a copy of the
	application by certified mail, return receipt requested, by
	[~~secure~~] electronic mail, or by personal service to the attorney
	representing the state in that court, who shall answer the
	application not later than the 30th day after the date the copy of
	the application is received. Matters alleged in the application
	not admitted by the state are deemed denied.
	SECTION 2. Section 3(b), 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, 2023.