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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. Article 11.07, Code of Criminal Procedure, is |
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amended by adding Section 3-a to read as follows: |
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Sec. 3-a. If at any time the state represents to the |
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convicting court that an eligible indigent defendant under Article |
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1.051 who was sentenced or had a sentence suspended is not guilty, |
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is guilty of only a lesser offense, or was convicted or sentenced |
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under a law that has been found unconstitutional by the court of |
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criminal appeals or the United States Supreme Court, the court |
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shall appoint an attorney to represent the indigent defendant for |
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purposes of filing an application for a writ of habeas corpus, if an |
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application has not been filed, or to otherwise represent the |
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indigent defendant in a proceeding under this article. An attorney |
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appointed under this section shall be compensated as provided by |
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Article 26.05. |
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SECTION 2. Article 11.072, Code of Criminal Procedure, is |
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amended by adding Section 3-a to read as follows: |
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Sec. 3-a. If at any time the state represents to the |
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convicting court that an eligible indigent defendant under Article |
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1.051 who was sentenced or had a sentence suspended is not guilty, |
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|
is guilty of only a lesser offense, or was convicted or sentenced |
|
|
under a law that has been found unconstitutional by the court of |
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|
criminal appeals or the United States Supreme Court, the court |
|
|
shall appoint an attorney to represent the indigent defendant for |
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|
purposes of filing an application for a writ of habeas corpus, if an |
|
|
application has not been filed, or to otherwise represent the |
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indigent defendant in a proceeding under this article. An attorney |
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appointed under this section shall be compensated as provided by |
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Article 26.05. |
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SECTION 3. 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 4. 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. |