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