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A BILL TO BE ENTITLED
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AN ACT
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relating to the representation of certain indigent applicants for a |
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writ of habeas corpus. |
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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 11.074 to read as follows: |
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Art. 11.074. COURT-APPOINTED REPRESENTATION REQUIRED IN |
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CERTAIN CASES. (a) This article applies only to a felony or |
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misdemeanor case in which the applicant seeks relief on a writ of |
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habeas corpus from a judgment of conviction that: |
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(1) imposes a penalty other than death; or |
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(2) orders community supervision. |
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(b) If at any time the state represents to the convicting |
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court that an eligible indigent defendant under Article 1.051 who |
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was sentenced or had a sentence suspended is not guilty, is guilty |
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of only a lesser offense, or was convicted or sentenced under a law |
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that has been found unconstitutional by the court of criminal |
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appeals or the United States Supreme Court, the court shall appoint |
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an attorney to represent the indigent defendant for purposes of |
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filing an application for a writ of habeas corpus, if an application |
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has not been filed, or to otherwise represent the indigent |
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defendant in a proceeding based on the application for the writ. |
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(c) An attorney appointed under this article shall be |
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compensated as provided by Article 26.05. |
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SECTION 2. The changes in law made by this Act relating to |
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the application of writ of habeas corpus apply regardless of |
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whether the offense for which the applicant is in custody was |
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committed before, on, or after the effective date of this Act. |
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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, 2015. |