Bill Text: TX HB247 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2023-05-15 - Referred to State Affairs [HB247 Detail]
Download: Texas-2023-HB247-Engrossed.html
| 88R343 MAW-F | ||
| By: Thompson of Harris | H.B. No. 247 | |
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| relating to the consideration of a subsequent writ of habeas corpus | ||
| in certain felony cases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 4, Article 11.07, Code of Criminal | ||
| Procedure, is amended by amending Subsection (a) and adding | ||
| Subsection (d) to read as follows: | ||
| (a) If a subsequent application for writ of habeas corpus is | ||
| filed after final disposition of an initial application challenging | ||
| the same conviction, a court may not consider the merits of or grant | ||
| relief based on the subsequent application unless [ |
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| (1) the application contains sufficient specific | ||
| facts establishing that the current claims and issues have not been | ||
| and could not have been presented previously in an original | ||
| application or in a previously considered application filed under | ||
| this article because the factual or legal basis for the claim was | ||
| unavailable on the date the applicant filed the previous | ||
| application; [ |
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| (2) the application contains sufficient specific | ||
| facts establishing that by a preponderance of the evidence, but for | ||
| a violation of the United States Constitution no rational juror | ||
| could have found the applicant guilty beyond a reasonable doubt; or | ||
| (3) the attorney representing the state having primary | ||
| responsibility for the prosecution of similar cases in the | ||
| jurisdiction consents in writing to the court's consideration of | ||
| and ruling on the merits of the application. | ||
| (d) In this section, "attorney representing the state" | ||
| means a district attorney, a criminal district attorney, or a | ||
| county attorney with criminal jurisdiction. The term does not | ||
| include an assistant prosecuting attorney. | ||
| SECTION 2. Section 4(a), 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. | ||
