Bill Text: TX HB205 | 2023-2024 | 88th Legislature | Engrossed

Texas House Bill 205 (Prior Session Legislation)

Bill Title: Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2023-04-12 - Received from the House [HB205 Detail]

Download: Texas-2023-HB205-Engrossed.html

	88R11979 AJZ-D

	By: Moody	H.B. No. 205



	A BILL TO BE ENTITLED
	AN ACT
	relating to an application for a writ of habeas corpus based on
	certain relevant scientific evidence that was not available at the
	applicant's trial.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 11.073(b), Code of Criminal Procedure,
	is amended to read as follows:
	(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 or would have
	received a different punishment.
	SECTION 2. Article 11.073, 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 when the application was filed, and the former
	law is continued in effect for that purpose.
	SECTION 3. This Act takes effect December 1, 2023.