Bill Text: TX SB662 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the representation of certain indigent applicants for a writ of habeas corpus.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-16 - Effective immediately [SB662 Detail]
Download: Texas-2015-SB662-Enrolled.html
| S.B. No. 662 | ||
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| relating to the representation of certain indigent applicants for a | ||
| writ of habeas corpus. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 11, Code of Criminal Procedure, is | ||
| amended by adding Article 11.074 to read as follows: | ||
| Art. 11.074. COURT-APPOINTED REPRESENTATION REQUIRED IN | ||
| CERTAIN CASES. (a) This article applies only to a felony or | ||
| misdemeanor case in which the applicant seeks relief on a writ of | ||
| habeas corpus from a judgment of conviction that: | ||
| (1) imposes a penalty other than death; or | ||
| (2) orders community supervision. | ||
| (b) If at any time the state represents to the convicting | ||
| court that an eligible indigent defendant under Article 1.051 who | ||
| was sentenced or had a sentence suspended is not guilty, is guilty | ||
| of only a lesser offense, or was convicted or sentenced under a law | ||
| that has been found unconstitutional by the court of criminal | ||
| appeals or the United States Supreme Court, the court shall appoint | ||
| an attorney to represent the indigent defendant for purposes of | ||
| filing an application for a writ of habeas corpus, if an application | ||
| has not been filed, or to otherwise represent the indigent | ||
| defendant in a proceeding based on the application for the writ. | ||
| (c) An attorney appointed under this article shall be | ||
| compensated as provided by Article 26.05. | ||
| SECTION 2. The changes in law made by this Act relating to | ||
| the application of writ of habeas corpus apply regardless of | ||
| whether the offense for which the applicant is in custody was | ||
| committed before, on, or after the effective date of this Act. | ||
| 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, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 662 passed the Senate on | ||
| April 23, 2015, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 662 passed the House on | ||
| May 23, 2015, by the following vote: Yeas 135, Nays 1, | ||
| one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
