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A BILL TO BE ENTITLED
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AN ACT
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relating to representation of certain applicants for writs of |
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habeas corpus in cases involving the death penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6, Article 11.071, Code of Criminal |
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Procedure, is amended by adding Subsections (b-1) and (b-2) to read |
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as follows: |
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(b-1) If the convicting court receives notice that the |
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requirements of Section 5(a) for consideration of a subsequent |
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application have been met and if the applicant has not elected to |
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proceed pro se and is not represented by retained counsel, the |
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convicting court shall appoint: |
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(1) the office of capital writs; or |
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(2) if the office of capital writs does not accept or |
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is prohibited from accepting the appointment under Section 78.054, |
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Government Code, other competent counsel as described by Section |
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2(f). |
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(b-2) Regardless of whether the subsequent application is |
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ultimately dismissed, compensation and reimbursement of expenses |
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for counsel appointed under Subsection (b-1) shall be provided as |
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described by Section 2, 2A, or 3, including compensation for time |
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previously spent and reimbursement of expenses previously incurred |
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with respect to the subsequent application. |
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SECTION 2. The change in law made by this Act applies to a |
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subsequent application for a writ of habeas corpus filed on or after |
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January 1, 2012. A subsequent application filed before January 1, |
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2012, is covered by the law in effect when the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |