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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB833 Detail]
Download: Texas-2013-HB833-Enrolled.html
H.B. No. 833 |
|
||
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 |