| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the procedure for an application for a writ of habeas |
|
|
corpus based on certain new evidence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 11, Code of Criminal Procedure, is |
|
|
amended by adding Article 11.0732 to read as follows: |
|
|
Art. 11.0732. PROCEDURE RELATED TO CERTAIN NEW EVIDENCE. |
|
|
(a) This article applies to evidence, other than evidence |
|
|
described by Article 11.073(a), that: |
|
|
(1) was not available to be offered by a convicted |
|
|
person at the person's trial; and |
|
|
(2) is material to the person's conviction. |
|
|
(b) A court may grant a convicted person relief on an |
|
|
application for a writ of habeas corpus if: |
|
|
(1) the convicted person files an application, in the |
|
|
manner provided by Article 11.07, 11.071, or 11.072, containing |
|
|
specific facts indicating that: |
|
|
(A) evidence described by Subsection (a) is |
|
|
currently available and was not available at the time of the |
|
|
person's trial because the evidence was not ascertainable through |
|
|
the exercise of reasonable diligence by the person before the date |
|
|
of or during the person's trial; and |
|
|
(B) the evidence would be admissible under the |
|
|
Texas Rules of Evidence at a trial held on the date of the |
|
|
application; and |
|
|
(2) the court makes the findings described by |
|
|
Subdivisions (1)(A) and (B) and also finds that, had the evidence |
|
|
been presented at trial, on the preponderance of the evidence the |
|
|
person would not have been convicted. |
|
|
(c) For purposes of Section 4(a)(1), Article 11.07, Section |
|
|
5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim |
|
|
or issue could not have been presented previously in an original |
|
|
application or in a previously considered application if the claim |
|
|
or issue is based on evidence described by Subsection (a) that was |
|
|
not ascertainable through the exercise of reasonable diligence by |
|
|
the convicted person on or before the date on which the original |
|
|
application or a previously considered application, as applicable, |
|
|
was filed. |
|
|
SECTION 2. The change in law made 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 governed 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, 2023. |