Bill Text: TX SB252 | 2013-2014 | 83rd Legislature | Engrossed
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 1)
Status: (Engrossed - Dead) 2013-04-04 - Referred to Criminal Jurisprudence [SB252 Detail]
Download: Texas-2013-SB252-Engrossed.html
| By: West | S.B. No. 252 | |
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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. Subsection (d), Section 3, 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. Subsection (d), Section 3, 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. | ||
