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By: Herrero (Senate Sponsor - Whitmire) |
H.B. No. 3724 |
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(In the Senate - Received from the House May 12, 2015; |
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May 13, 2015, read first time and referred to Committee on Criminal |
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Justice; May 21, 2015, reported favorably by the following vote: |
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Yeas 7, Nays 0; May 21, 2015, sent to printer.) |
Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of certain scientific evidence |
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constituting the basis for an application for a writ of habeas |
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corpus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 11.073(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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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 field of scientific knowledge, a testifying expert's |
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scientific knowledge, or a scientific 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. This Act takes effect September 1, 2015. |
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