SRC-AMY S.B. 1948 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 1948
By: Whitmire
Criminal Justice
8/12/2003
Enrolled

DIGEST AND PURPOSE 

Four years after the Tulia drug sting, 13 Texans remain in prison.  The
only witness against these individuals has been indicted for perjury.  The
parties have jointly filed documents with the Court of Criminal Appeals,
declaring that it would be a "travesty of justice to permit the
convictions to stand."  S.B. 1948 provides for the release on bond of
certain applicants 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 death penalty. 

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 Chapter 11, Code of Criminal Procedure, by adding
Article 11.65, as follows: 

Art. 11.65.  BOND FOR CERTAIN APPLICANTS.  (a)  Provides that 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)  Authorizes the convicting court, 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, to 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)  Provides that for the purposes of this chapter, an applicant released
on bond under this article remains restrained in his liberty. 

(d)  Provides that Article 44.04(b) does not apply to the release of an
applicant on bond under this article. 

SECTION 2.  Provides that 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. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.