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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for an application for a writ of habeas |
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corpus based on certain new evidence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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amended by adding Article 11.0732 to read as follows: |
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Art. 11.0732. PROCEDURE RELATED TO CERTAIN NEW EVIDENCE. |
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(a) This article applies to evidence, other than evidence |
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described by Article 11.073(a), that: |
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(1) was not available to be offered by a convicted |
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person at the person's trial; and |
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(2) is material to the person's conviction. |
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(b) A court may grant a convicted person relief on an |
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application for a writ of habeas corpus if: |
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(1) the convicted person files an application, in the |
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manner provided by Article 11.07, 11.071, or 11.072, containing |
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specific facts indicating that: |
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(A) evidence described by Subsection (a) is |
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currently available and was not available at the time of the |
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person's trial because the evidence was not ascertainable through |
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the exercise of reasonable diligence by the person before the date |
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of or during the person's trial; and |
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(B) the evidence would be admissible under the |
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Texas Rules of Evidence at a trial held on the date of the |
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application; and |
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(2) the court makes the findings described by |
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Subdivisions (1)(A) and (B) and also finds that, had the evidence |
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been presented at trial, on the preponderance of the evidence the |
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person would not have been convicted. |
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(c) For purposes of Section 4(a)(1), Article 11.07, Section |
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5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim |
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or issue could not have been presented previously in an original |
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application or in a previously considered application if the claim |
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or issue is based on evidence described by Subsection (a) that was |
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not ascertainable through the exercise of reasonable diligence by |
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the convicted person on or before the date on which the original |
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application or a previously considered application, as applicable, |
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was filed. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a writ of habeas corpus filed on or after the |
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effective date of this Act. An application filed before the |
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effective date of this Act is governed by the law in effect when the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |