By: Ogden S.B. No. 695
(In the Senate - Filed February 23, 2005; March 2, 2005,
read first time and referred to Committee on Criminal Justice;
March 30, 2005, reported favorably by the following vote: Yeas 5,
Nays 1; March 30, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the forfeiture of good conduct time from inmates who
file frivolous applications for writ of habeas corpus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 498.0045, Government
Code, is amended to read as follows:
(a) In this section, "final order" means a certified copy of
a final order of a state or federal court that dismisses as
frivolous or malicious a lawsuit, including a proceeding arising
from an application for writ of habeas corpus, brought by an inmate
while the inmate was in the custody of the department or confined in
county jail awaiting transfer to the department following
conviction of a felony or revocation of community supervision,
parole, or mandatory supervision.
SECTION 2. This Act applies only to a forfeiture of good
conduct time based on the filing in court of an application for writ
of habeas corpus on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2005.
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