Bill Text: TX HB225 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to the procedure for an application for a writ of habeas corpus based on certain new evidence.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed) 2021-05-18 - Left pending in committee [HB225 Detail]

Download: Texas-2021-HB225-Engrossed.html
  87R971 KJE-F
 
  By: Thompson of Harris, Collier, Hernandez, H.B. No. 225
      Krause, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for an application for a writ of habeas
  corpus based on certain new 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 11.0732 to read as follows:
         Art. 11.0732.  PROCEDURE RELATED TO CERTAIN NEW EVIDENCE.
  (a) This article applies to evidence, other than evidence
  described by Article 11.073(a), that:
               (1)  was not available to be offered by a convicted
  person at the person's trial; and
               (2)  is material to the person's conviction.
         (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)  evidence described by Subsection (a) is
  currently available and was not available at the time of the
  person's trial because the evidence was not ascertainable through
  the exercise of reasonable diligence by the person before the date
  of or during the person's trial; and
                     (B)  the 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 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 evidence described by Subsection (a) 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.
         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 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 September 1, 2021.
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