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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of a subsequent writ of habeas corpus |
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in certain felony cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Article 11.07, Code of Criminal |
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Procedure, is amended by amending Subsection (a) and adding |
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Subsection (d) to read as follows: |
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(a) If a subsequent application for writ of habeas corpus is |
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filed after final disposition of an initial application challenging |
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the same conviction, a court may not consider the merits of or grant |
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relief based on the subsequent application unless [the application |
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contains sufficient specific facts establishing that]: |
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(1) the application contains sufficient specific |
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facts establishing that the current claims and issues have not been |
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and could not have been presented previously in an original |
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application or in a previously considered application filed under |
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this article because the factual or legal basis for the claim was |
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unavailable on the date the applicant filed the previous |
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application; [or] |
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(2) the application contains sufficient specific |
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facts establishing that by a preponderance of the evidence, but for |
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a violation of the United States Constitution no rational juror |
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could have found the applicant guilty beyond a reasonable doubt; or |
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(3) the attorney representing the state having primary |
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responsibility for the prosecution of similar cases in the |
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jurisdiction consents in writing to the court's consideration of |
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and ruling on the merits of the application. |
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(d) In this section, "attorney representing the state" |
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means a district attorney, a criminal district attorney, or a |
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county attorney with criminal jurisdiction. The term does not |
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include an assistant prosecuting attorney. |
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SECTION 2. Section 4(a), Article 11.07, Code of Criminal |
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Procedure, as amended by this Act, applies only to an application |
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for a writ of habeas corpus filed on or after the effective date of |
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this Act. An application filed before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |