Bill Text: TX HB488 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 488 (Prior Session Legislation)

Introduced

Bill Title: Relating to standards for judicial review of certain writs of habeas corpus in capital cases.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-03-29 - Left pending in committee [HB488 Detail]

Download: Texas-2011-HB488-Introduced.html

	82R3018 SJM-D

	By: Dutton	H.B. No. 488



	A BILL TO BE ENTITLED
	AN ACT
	relating to standards for judicial review of certain writs of
	habeas corpus in capital cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 5(a), Article 11.071, Code of Criminal
	Procedure, is amended to read as follows:
	(a) If a subsequent application for a writ of habeas corpus
	is filed after filing an initial application, a court may not
	consider the merits of or grant relief based on the subsequent
	application unless the application contains sufficient specific
	facts establishing that:
	(1) the current claims and issues have not been and
	could not have been presented previously in a timely initial
	application or in a previously considered application filed under
	this article or Article 11.07 because the factual or legal basis for
	the claim was unavailable on the date the applicant filed the
	previous application;
	(2) 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) by a preponderance of the [~~clear and convincing~~]
	evidence, but for a violation of the United States Constitution no
	rational juror would have answered in the state's favor one or more
	of the special issues that were submitted to the jury in the
	applicant's trial under Article 37.071, 37.0711, or 37.072.
	SECTION 2. The change in law made by this Act to Section
	5(a), Article 11.071, Code of Criminal Procedure, applies only to
	an application for a writ of habeas corpus filed on or after the
	effective date of this Act. An application for a writ of habeas
	corpus filed before the effective date of this Act is governed by
	the law in effect before the effective date of this Act, and the
	former law is continued in effect for that purpose.
	SECTION 3. 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, 2011.