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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 11.074, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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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 has |
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under a writ of habeas corpus a potentially meritorious claim for |
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relief from a judgment described by Subsection (a) [who was |
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sentenced or had a sentence suspended is not guilty, is guilty of |
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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 |
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appoint an attorney to investigate the claim and represent the |
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indigent defendant for purposes of filing an application for a writ |
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of habeas corpus, if an application has not been filed, or to |
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otherwise represent the indigent defendant in a proceeding based on |
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the application for the writ. |
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(b-1) For purposes of Subsection (b), a potentially |
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meritorious claim is any claim the court determines is likely to |
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provide relief, including a claim that the defendant: |
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(1) is or may be actually innocent of the offense; |
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(2) is or may be guilty of only a lesser offense; |
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(3) was or may have been convicted or sentenced under a |
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law that has been found unconstitutional by the court of criminal |
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appeals or the United States Supreme Court; or |
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(4) was or may have been convicted or sentenced in |
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violation of the constitution of this state or the United States. |
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SECTION 2. The change in law made by this Act relating to |
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the application of writ of habeas corpus applies 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 September 1, 2021. |