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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for an application for a writ of habeas |
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corpus based on relevant scientific evidence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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amended by adding Article 11.073 to read as follows: |
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Art. 11.073. PROCEDURE RELATED TO CERTAIN SCIENTIFIC |
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EVIDENCE. (a) This article applies to relevant scientific |
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evidence that: |
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(1) was not available to be offered by a convicted |
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person at the convicted person's trial; or |
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(2) contradicts scientific evidence relied on by the |
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state at trial. |
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(b) A court may grant a convicted person relief on an |
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application for a writ of habeas corpus if: |
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(1) the convicted person files an application, in the |
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manner provided by Article 11.07, 11.071, or 11.072, containing |
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specific facts indicating that: |
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(A) relevant scientific evidence is currently |
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available and was not available at the time of the convicted |
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person's trial because the evidence was not ascertainable through |
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the exercise of reasonable diligence by the convicted person before |
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the date of or during the convicted person's trial; and |
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(B) the scientific evidence would be admissible |
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under the Texas Rules of Evidence at a trial held on the date of the |
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application; and |
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(2) the court makes the findings described by |
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Subdivisions (1)(A) and (B) and also finds that, had the scientific |
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evidence been presented at trial, on the preponderance of the |
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evidence the person would not have been convicted. |
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(c) For purposes of Section 4(a)(1), Article 11.07, Section |
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5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim |
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or issue could not have been presented previously in an original |
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application or in a previously considered application if the claim |
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or issue is based on relevant scientific evidence that was not |
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ascertainable through the exercise of reasonable diligence by the |
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convicted person on or before the date on which the original |
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application or a previously considered application, as applicable, |
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was filed. |
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(d) In making a finding as to whether relevant scientific |
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evidence was not ascertainable through the exercise of reasonable |
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diligence on or before a specific date, the court shall consider |
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whether the scientific knowledge or method on which the relevant |
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scientific evidence is based has changed since: |
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(1) the applicable trial date or dates, for a |
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determination made with respect to an original application; or |
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(2) the date on which the original application or a |
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previously considered application, as applicable, was filed, for a |
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determination made with respect to a subsequent application. |
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SECTION 2. The change in law made by this Act applies only |
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to 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 at the time the application was filed, 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 September 1, 2013. |