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A BILL TO BE ENTITLED
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AN ACT
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relating to standards for judicial review of certain writs of |
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habeas corpus in capital cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(a), Article 11.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) If a subsequent application for a writ of habeas corpus |
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is filed after filing an initial application, a court may not |
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consider the merits of or grant relief based on the subsequent |
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application unless the application contains sufficient specific |
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facts establishing that: |
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(1) the current claims and issues have not been and |
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could not have been presented previously in a timely initial |
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application or in a previously considered application filed under |
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this article or Article 11.07 because the factual or legal basis for |
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the claim was unavailable on the date the applicant filed the |
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previous application; |
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(2) by a preponderance of the evidence, but for a |
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violation of the United States Constitution no rational juror could |
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have found the applicant guilty beyond a reasonable doubt; or |
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(3) by a preponderance of the [clear and convincing] |
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evidence, but for a violation of the United States Constitution no |
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rational juror would have answered in the state's favor one or more |
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of the special issues that were submitted to the jury in the |
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applicant's trial under Article 37.071, 37.0711, or 37.072. |
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SECTION 2. The change in law made by this Act to Section |
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5(a), Article 11.071, Code of Criminal Procedure, applies only to |
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an application for a writ of habeas corpus filed on or after the |
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effective date of this Act. An application for a writ of habeas |
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corpus filed before the effective date of this Act is governed by |
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the law in effect before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |