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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of a subsequent writ of habeas corpus |
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in certain felony cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4(a), Article 11.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) If a subsequent application for writ of habeas corpus is |
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filed after final disposition of an initial application challenging |
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the same conviction, a court may not consider the merits of or grant |
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relief based on the subsequent application unless the attorney |
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representing the state consents in writing to that consideration or |
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unless the application contains sufficient specific facts |
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establishing that: |
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(1) the current claims and issues have not been and |
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could not have been presented previously in an original application |
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or in a previously considered application filed under this article |
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because the factual or legal basis for the claim was unavailable on |
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the date the applicant filed the previous application; or |
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(2) by a preponderance of the evidence, but for a |
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violation of the United States Constitution no rational juror could |
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have found the applicant guilty beyond a reasonable doubt. |
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SECTION 2. Section 4(a), Article 11.07, Code of Criminal |
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Procedure, as amended by this Act, applies only to an application |
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for a writ of habeas corpus filed on or after the effective date of |
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this Act. An application filed before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |