H.B. 1713 78(R)    BILL ANALYSIS


H.B. 1713
By: Hodge
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, applications for writs of habeas corpus by persons
placed on community supervision can only be processed if the applicant is
confined.  

House Bill 1713 establishes procedures for an application for a writ of
habeas corpus in a felony or misdemeanor case if the applicant is not
currently confined but was given conditions of community supervision.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 1713 amends Chapter 11, Code of Criminal Procedure, by adding
Article 11.072 to establish a statutory framework for the disposition of
applications for writs of habeas corpus by persons who have been placed on
community supervision. The bill requires an application to be filed in the
court that imposed community supervision, and would allow a writ to be
filed regarding either the original judgement or the conditions of
supervision. Persons who could appeal under Article 44.02, Code of
Criminal Procedure are prevented from filing a writ under this section. In
addition, an applicant challenging the conditions of supervision would be
required to first seek relief by filing a motion to amend the conditions.  

Furthermore, the bill sets out the procedures for conducting a hearing and
making findings of fact and conclusions of law. It also allows courts to
deny applications deemed as frivolous, and prohibits subsequent writ
applications to be filed except under certain circumstances, such as the
discovery of new evidence.     

EFFECTIVE DATE

Upon passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.