SRC-EPT H.B. 32 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 32
78R418 KEL-FBy: Hodge (Deuell)
Criminal Justice
5/10/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, if an offender files a subsequent application for a
writ of habeas corpus challenging the same conviction as the original
application, a court may not consider the merits of that subsequent
application unless the current claims could not have been previously
presented.  In ex parte Whiteside, the Texas Court of Criminal Appeals
found that a subsequent application alleging miscalculation of time
credits is barred. However, miscalculation of time credits could occur at
any point of time during a period of incarceration, and could not be
foreseeable at the time of an original application for a writ of habeas
corpus.  H.B. 32 allows for a subsequent application for a writ of habeas
corpus only for claims of a time-served error. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 4(a), Article 11.07, Code of Criminal
Procedure, to prohibit a court from considering the merits of or grant
relief based on the subsequent application unless the application contains
sufficient specific facts, if a subsequent application for writ of habeas
corpus regarding a conviction, other than an application based solely on a
claim of a time-served credit error, is filed after final disposition of
an initial application challenging the same conviction.  

SECTION 2.  Amends Section 501.0081(c), Government Code, to delete
existing text regarding an application for a writ of habeas corpus being
not otherwise barred.  Makes conforming changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  upon passage or September 1, 2003.