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