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78R15664 GWK-D
By: Whitmire S.B. No. 1948
A BILL TO BE ENTITLED
AN ACT
relating to the release on bond of certain applicants for a writ of
habeas corpus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) This article expires on the first anniversary of the
date on which it became law.
SECTION 2. 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the 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.