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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for a writ of habeas corpus based on |
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certain relevant scientific evidence that was not available at the |
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applicant's trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 11.073(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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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) relevant scientific evidence is currently |
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available and was not available at the time of the convicted |
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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 convicted person before |
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the date of or during the convicted person's trial; and |
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(B) the scientific evidence would be admissible |
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under the 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 scientific |
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evidence been presented at trial, on the preponderance of the |
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evidence the person would not have been convicted or would have |
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received a different punishment. |
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SECTION 2. Article 11.073, Code of Criminal Procedure, as |
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amended by this Act, applies only to an application for a writ of |
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habeas corpus filed on or after the effective date of this Act. An |
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application filed before the effective date of this Act is governed |
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by the law in effect when the application was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect December 1, 2021. |