By: Wilson H.B. No. 3142
A BILL TO BE ENTITLED
AN ACT
relating to the handling of appeals by State Courts and
administrative or regulatory bodies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.006 is added to the Government Code to
read as follows:
Section 21.006. PROCEDURAL DEFECTS. (a) In all cases tried
or heard in any state court that involve the death penalty or
capital punishment, all courts shall be obligated to consider any
petitions, appellate briefs, appeals or any other request for
relief made to such court even if it is untimely under applicable
court rules or procedures.
SECTION 2. PROCEDURAL DEFECTS. Section 508.282A is added
to the Government Code to read as follows:
Section 508.28A. PROCEDURAL DEFECTS. (a) In all cases that
involve the death penalty or capital punishment, the Board shall be
obligated to consider any petitions, appellate briefs, appeals or
any other request for relief made even they are untimely under
applicable court rules or procedures.
SECTION 3. This change in law made by this Act is intended
to ensure that persons who are subject to the death penalty will
have all of their appeals and requests for relief heard even if
there might be procedural defects or irregularities.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.