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Amend SB 826, on third reading, by adding the following
appropriately numbered SECTIONS to the bill and by renumbering
existing SECTIONS of the bill accordingly:
SECTION _____. Chapter 11, Code of Criminal Procedure, is
amended by adding Article 11.65 to read as follows:
Art. 11.65. BOND FOR CERTAIN APPLICANTS. (a) This article
applies to an applicant for a writ of habeas corpus seeking relief
from the judgment in a criminal case, other than an applicant
seeking relief from a judgment imposing a penalty of death.
(b) On making proposed findings of fact and conclusions of
law jointly stipulated to by the applicant and the state, or on
approving proposed findings of fact and conclusions of law made by
an attorney or magistrate appointed by the court to perform that
duty and jointly stipulated to by the applicant and the state, the
convicting court may order the release of the applicant on bond,
subject to conditions imposed by the convicting court, until the
applicant is denied relief, remanded to custody, or ordered
released.
(c) For the purposes of this chapter, an applicant released
on bond under this article remains restrained in his liberty.
(d) Article 44.04(b) does not apply to the release of an
applicant on bond under this article.
SECTION _____. Article 11.65, Code of Criminal Procedure, as
added by this Act, applies to:
(1) any applicant who on or after the effective date of
this Act applies for a writ of habeas corpus; and
(2) any applicant whose application for a writ of
habeas corpus is pending on the effective date of this Act,
regardless of when the application was filed.