BILL ANALYSIS

H.B. 352

By: González, Jessica

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Local district attorneys and indigent defense advocates propose a change to the law governing mandatory court-appointed attorneys in certain post-conviction writs of habeas corpus in order to ensure that indigent defendants are not being unlawfully confined. If someone truly should not be incarcerated, it is crucial that they have effective legal representation leading that process. Furthermore, state law should ensure that violations of a defendant's constitutional rights may be investigated. H.B. 352 seeks to address the limited instances in which the state suspects that an indigent defendant may have a meritorious habeas corpus claim and to allow further investigation by appointed counsel as necessary to fully evaluate the merits of the claim.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 352 amends the Code of Criminal Procedure to revise the conditions under which a court is required to appoint an attorney to represent an eligible indigent defendant for purposes of filing an application for a writ of habeas corpus. The bill requires the court to appoint an attorney for that purpose if the state represents to the court that the defendant has a potentially meritorious claim the court determines is likely to provide relief, including a claim that the defendant:

· is or may be actually innocent of the offense;

· is or may be guilty of only a lesser offense;

· was or may have been convicted or sentenced under a law that has been found unconstitutional by the court of criminal appeals or the United States Supreme Court; or

· was or may have been convicted or sentenced in violation of the Texas or U.S. Constitution.

The bill requires the appointed attorney to investigate any such claim. The bill's provisions apply to the application of writ of habeas corpus regardless of whether the offense for which the applicant is in custody was committed before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.