Bill Text: TX HB3426 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the procedure for an application for a writ of habeas corpus based on certain new evidence.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-04-29 - Left pending in committee [HB3426 Detail]
Download: Texas-2019-HB3426-Introduced.html
| 86R5814 KJE-F | ||
| By: Thompson of Harris | H.B. No. 3426 | |
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| 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, 2019. | ||
