SRC-CDH S.B. 1728 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1728
By: West
Criminal Justice
4-9-97
As Filed


DIGEST 

During the 74th Legislature, a bill passed creating a new procedure for an
application for a writ of habeas corpus in which the applicant seeks
relief from a judgment imposing a penalty of death.  S.B. 1728 would
clarify a filing deadline for those seeking habeas corpus review and
provide prosecutors and trial courts an opportunity to have full input
before the application is ultimately disposed of by the Court of Criminal
Appeals, in an effort both to clarify the statute and make the procedure
more efficient.    

PURPOSE

As proposed, S.B. 1728 establishes procedures in death penalty cases.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 4(a) and (h), Article 11.071, Code of Criminal
Procedure, to require the applicant's initial, rather than original
application, if an applicant who was convicted before September 1, 1995,
does not have an initial, rather than an original application for a writ
of habeas corpus pending on September 1, 1995, and has not previously
filed an application, to be filed not later than the 180th day after the
date the court of criminal appeals appoints counsel under Section 2 or not
later than the 45th day after the date the appellee's brief is filed,
rather than due, on direct appeal, whichever is later.  Makes a conforming
change. 

SECTION 2. Amends Sections 5(a) and (b), Article 11.071, Code of Criminal
Procedure, to make conforming changes. 

SECTION 3. Amends Section 7(a), Article 11.071, Code of Criminal
Procedure, to require, rather than authorize, the state to file an answer
to the application for a writ of habeas corpus not later than a certain
date.  Makes a conforming change. 

SECTION 4. Amends Section 8, Article 11.071, Code of Criminal Procedure,
to require, rather than authorize, the parties, if the convicting court
determines the issues do not exist, to file proposed findings of fact and
conclusions of law on or before a certain date.  Deletes existing text
regarding failure of the court to issue findings within the time provided.
Makes a conforming change. 

SECTION 5. Amends Sections 9(a) and (e), Article 11.071, Code of Criminal
Procedure, to require, rather than authorize, the parties to file proposed
findings of fact and conclusions of law for the convicting court to
consider on or before a certain date.  Makes a conforming change. 

SECTION 6. Effective date:  September 1, 1997.

SECTION 7. Emergency clause.