| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the procedure for an application for a writ of habeas |
|
|
corpus based on relevant scientific evidence. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 11, Code of Criminal Procedure, is |
|
|
amended by adding Article 11.073 to read as follows: |
|
|
Art. 11.073. PROCEDURE RELATED TO CERTAIN SCIENTIFIC |
|
|
EVIDENCE. (a) This article applies to relevant scientific evidence |
|
|
that: |
|
|
(1) was not available to be offered by a convicted |
|
|
person at the convicted person's trial; or |
|
|
(2) discredits scientific evidence relied on by the |
|
|
state at trial. |
|
|
(b) A court may grant a convicted person relief on an |
|
|
application for a writ of habeas corpus if: |
|
|
(1) the convicted person files an application, in the |
|
|
manner provided by Article 11.07, 11.071, or 11.072, containing |
|
|
specific facts indicating that: |
|
|
(A) relevant scientific evidence is currently |
|
|
available and was not available at the time of the convicted |
|
|
person's trial because the evidence was not ascertainable through |
|
|
the exercise of reasonable diligence by the convicted person before |
|
|
the date of or during the convicted person's trial; and |
|
|
(B) the scientific evidence would be admissible |
|
|
under the Texas Rules of Evidence at a trial held on the date of the |
|
|
application; and |
|
|
(2) the court makes the findings described by |
|
|
Subdivisions (1)(A) and (B) and also finds that, had the scientific |
|
|
evidence been presented at trial, it is reasonably probable that |
|
|
the person would not have been convicted. |
|
|
(c) For purposes of Section 4(a)(1), Article 11.07, Section |
|
|
5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim |
|
|
or issue could not have been presented previously in an original |
|
|
application or in a previously considered application if the claim |
|
|
or issue is based on relevant scientific evidence that was not |
|
|
ascertainable through the exercise of reasonable diligence by the |
|
|
convicted person on or before the date on which the original |
|
|
application or a previously considered application, as applicable, |
|
|
was filed. |
|
|
(d) In making a finding as to whether relevant scientific |
|
|
evidence was not ascertainable through the exercise of reasonable |
|
|
diligence on or before a specific date, the court shall consider |
|
|
whether the scientific knowledge or method on which the relevant |
|
|
scientific evidence is based has changed since: |
|
|
(1) the applicable trial date or dates, for a |
|
|
determination made with respect to an original application; or |
|
|
(2) the date on which the original application or a |
|
|
previously considered application, as applicable, was filed, for a |
|
|
determination made with respect to a subsequent application. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an application for a writ of habeas corpus filed on or after the |
|
|
effective date of this Act. An application for a writ of habeas |
|
|
corpus filed before the effective date of this Act is governed by |
|
|
the law in effect at the time the application was filed, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |