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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures for and relief that may be granted |
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pursuant to an application for a writ of habeas corpus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 11.073(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A court may grant a convicted person relief on an |
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application for a writ of habeas corpus if: |
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(1) the convicted person files an application, in the |
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manner provided by Article 11.07, 11.071, or 11.072, containing |
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specific facts indicating that: |
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(A) relevant scientific evidence is currently |
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available and was not available at the time of the convicted |
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person's trial because the evidence was not ascertainable through |
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the exercise of reasonable diligence by the convicted person before |
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the date of or during the convicted person's trial; and |
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(B) the scientific evidence would be admissible |
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under the Texas Rules of Evidence at a trial held on the date of the |
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application; and |
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(2) the court makes the findings described by |
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Subdivisions (1)(A) and (B) and also finds that, had the scientific |
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evidence been presented at trial, on the preponderance of the |
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evidence the person would not have been convicted or would have |
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received a different punishment. |
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SECTION 2. Article 11.074, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) If at any time the state represents to the convicting |
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court that an eligible indigent defendant under Article 1.051 has |
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under a writ of habeas corpus a potentially meritorious claim for |
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relief from a judgment described by Subsection (a) [who was
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sentenced or had a sentence suspended is not guilty, is guilty of
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only a lesser offense, or was convicted or sentenced under a law
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that has been found unconstitutional by the court of criminal
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appeals or the United States Supreme Court], the court shall |
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appoint an attorney to investigate the claim and represent the |
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indigent defendant for purposes of filing an application for a writ |
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of habeas corpus, if an application has not been filed, or to |
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otherwise represent the indigent defendant in a proceeding based on |
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the application for the writ. |
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(b-1) For purposes of Subsection (b), a potentially |
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meritorious claim is any claim the court determines is likely to |
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provide relief, including a claim that the defendant: |
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(1) is or may be actually innocent of the offense; |
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(2) is or may be guilty of only a lesser offense; |
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(3) was or may have been convicted or sentenced under a |
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law that has been found unconstitutional by the court of criminal |
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appeals or the United States Supreme Court; or |
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(4) was or may have been convicted or sentenced in |
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violation of the constitution of this state or the United States. |
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SECTION 3. Article 11.073, Code of Criminal Procedure, as |
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amended by this Act, applies only to an application for a writ of |
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habeas corpus filed on or after the effective date of this Act. An |
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application filed before the effective date of this Act is governed |
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by the law in effect when the application was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. The change in law made by this Act to Article |
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11.074, Code of Criminal Procedure, relating to an application |
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filed for a writ of habeas corpus applies regardless of whether the |
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offense for which the applicant is in custody was committed before, |
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on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect December 1, 2019. |