Bill Text: TX HB2873 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the procedures for an application for a writ of habeas corpus in certain felony cases where the state agrees to relief.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred to Criminal Jurisprudence [HB2873 Detail]
Download: Texas-2017-HB2873-Introduced.html
| 85R9274 AJZ-F | ||
| By: Smithee | H.B. No. 2873 | |
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| relating to the procedures for an application for a writ of habeas | ||
| corpus in certain felony cases where the state agrees to relief. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 11, Code of Criminal Procedure, is | ||
| amended by adding Article 11.075 to read as follows: | ||
| Art. 11.075. PROCEDURES IN CERTAIN FELONY CASES WHERE STATE | ||
| AGREES TO RELIEF | ||
| Sec. 1. Notwithstanding Article 11.07, this article | ||
| establishes the procedures for an application for a writ of habeas | ||
| corpus in a felony case in which: | ||
| (1) the applicant seeks relief from a judgment of | ||
| conviction that imposes a sentence of confinement that is not | ||
| suspended; and | ||
| (2) the state agrees that the applicant is entitled to | ||
| relief. | ||
| Sec. 2. An application for a writ of habeas corpus under | ||
| this article must be filed with the clerk of the convicting court. | ||
| Sec. 3. An application may not be filed under this article | ||
| if the applicant could obtain the requested relief by means of an | ||
| appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate | ||
| Procedure. | ||
| Sec. 4. (a) When an application is filed under this | ||
| article, a writ of habeas corpus issues by operation of law. | ||
| (b) At the time the application is filed, the clerk of the | ||
| court shall assign the case a file number ancillary to that of the | ||
| judgment of the conviction being challenged. | ||
| Sec. 5. (a) Not later than the 60th day after the date on | ||
| which the application is filed, the trial court shall enter a | ||
| written order granting or denying the relief sought in the | ||
| application. The court may grant the relief requested in the | ||
| application only to the extent that the relief is agreed to by the | ||
| state. | ||
| (b) In making its determination, the court may order | ||
| affidavits, depositions, interrogatories, or a hearing, and may | ||
| rely on the court's personal recollection. | ||
| (c) If a hearing is ordered, the hearing may not be held | ||
| before the eighth day after the date on which the applicant and the | ||
| state are provided notice of the hearing. | ||
| (d) The court may appoint an attorney or magistrate to hold | ||
| a hearing ordered under this article and make findings of fact. An | ||
| attorney appointed under this subsection is entitled to | ||
| compensation as provided by Article 26.05. | ||
| Sec. 6. If the application is denied, the applicant may | ||
| appeal under Article 44.02 and Rule 31, Texas Rules of Appellate | ||
| Procedure. | ||
| Sec. 7. (a) If a subsequent application for a writ of | ||
| habeas corpus is filed after final disposition of an initial | ||
| application under this article, a court may not consider the merits | ||
| of or grant relief based on the subsequent application unless the | ||
| application contains sufficient 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. | ||
| (b) For purposes of Subsection (a), a legal basis of a claim | ||
| is unavailable on or before a date described by that subsection if | ||
| the legal basis was not recognized by and could not have been | ||
| reasonably formulated from a final decision of the United States | ||
| Supreme Court, a court of appeals of the United States, or a court | ||
| of appellate jurisdiction of this state on or before that date. | ||
| (c) For purposes of Subsection (a), a factual basis of a | ||
| claim is unavailable on or before a date described by that | ||
| subsection if the factual basis was not ascertainable through the | ||
| exercise of reasonable diligence on or before that date. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
