Bill Text: TX HB833 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to certain procedures regarding an application for a writ of habeas corpus filed in a noncapital felony case.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB833 Detail]
Download: Texas-2013-HB833-Enrolled.html
| H.B. No. 833 | ||
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| relating to certain procedures regarding an application for a writ | ||
| of habeas corpus filed in a noncapital felony case. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 3(d), Article 11.07, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (d) If the convicting court decides that there are | ||
| controverted, previously unresolved facts which are material to the | ||
| legality of the applicant's confinement, it shall enter an order | ||
| within 20 days of the expiration of the time allowed for the state | ||
| to reply, designating the issues of fact to be resolved. To | ||
| resolve those issues the court may order affidavits, depositions, | ||
| interrogatories, additional forensic testing, and hearings, as | ||
| well as using personal recollection. The state shall pay the cost of | ||
| additional forensic testing ordered under this subsection, except | ||
| that the applicant shall pay the cost of the testing if the | ||
| applicant retains counsel for purposes of filing an application | ||
| under this article. The convicting court may appoint an attorney | ||
| or a magistrate to hold a hearing and make findings of fact. An | ||
| attorney so appointed shall be compensated as provided in Article | ||
| 26.05 of this code. It shall be the duty of the reporter who is | ||
| designated to transcribe a hearing held pursuant to this article to | ||
| prepare a transcript within 15 days of its conclusion. On | ||
| completion of the transcript, the reporter shall immediately | ||
| transmit the transcript to the clerk of the convicting court. After | ||
| the convicting court makes findings of fact or approves the | ||
| findings of the person designated to make them, the clerk of the | ||
| convicting court shall immediately transmit to the Court of | ||
| Criminal Appeals, under one cover, the application, any answers | ||
| filed, any motions filed, transcripts of all depositions and | ||
| hearings, any affidavits, and any other matters such as official | ||
| records used by the court in resolving issues of fact. | ||
| SECTION 2. Section 3(d), 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 covered 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 833 was passed by the House on April | ||
| 24, 2013, by the following vote: Yeas 145, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 833 was passed by the Senate on May | ||
| 22 | ||
| , 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
