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A BILL TO BE ENTITLED
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AN ACT
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relating to expanding the powers and duties of the office of capital |
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writs and renaming the office of capital writs the Texas office of |
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post-conviction defender. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 78, Government Code, is |
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amended to read as follows: |
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CHAPTER 78. CAPITAL WRITS COMMITTEE AND TEXAS OFFICE OF |
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POST-CONVICTION DEFENDER [CAPITAL WRITS] |
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SECTION 2. The heading to Subchapter B, Chapter 78, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. TEXAS OFFICE OF POST-CONVICTION DEFENDER [CAPITAL
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WRITS] |
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SECTION 3. Section 78.051(2), Government Code, is amended |
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to read as follows: |
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(2) "Office" means the Texas office of post-conviction |
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defender [capital writs] established under this subchapter. |
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SECTION 4. Section 78.052(a), Government Code, is amended |
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to read as follows: |
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(a) The Texas office of post-conviction defender [capital
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writs] is established and operates under the direction and |
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supervision of the director of the office. |
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SECTION 5. Section 78.053(b), Government Code, is amended |
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to read as follows: |
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(b) The director shall employ attorneys and employ or retain |
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licensed investigators, experts, and other personnel necessary to |
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perform the duties of the office. To be employed by the director, |
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an attorney may not have been found by a state or federal court to |
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have rendered ineffective assistance of counsel during the trial or |
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appeal of a criminal [death penalty] case. |
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SECTION 6. Section 78.054, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The office may not represent a defendant in a federal |
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habeas review. The office may not represent a defendant in an action |
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or proceeding in state court other than an action or proceeding |
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that: |
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(1) is conducted under Article 11.071 or 11.073, Code |
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of Criminal Procedure; |
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(2) is collateral to the preparation of an application |
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under Article 11.071 or 11.073, Code of Criminal Procedure; [or] |
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(3) concerns any other post-conviction matter in a |
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death penalty case other than a direct appeal, including an action |
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or proceeding under Article 46.05 or Chapter 64, Code of Criminal |
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Procedure; or |
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(4) concerns any other post-conviction matter in a |
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case that involves a forensic science issue. |
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(d) The office may consult with law school clinics with |
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applicable knowledge and experience and with other experts as |
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necessary to investigate the facts of a particular case. |
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SECTION 7. This Act takes effect September 1, 2015. |