87R1538 MAW-F
 
  By: González of Dallas, Collier, White H.B. No. 372
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the representation of certain indigent applicants for a
  writ of habeas corpus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 11.074, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  If at any time the state represents to the convicting
  court that an eligible indigent defendant under Article 1.051 has
  under a writ of habeas corpus a potentially meritorious claim for
  relief from a judgment described by Subsection (a) [who was
  sentenced or had a sentence suspended is not guilty, is guilty of
  only a lesser offense, or was convicted or sentenced under a law
  that has been found unconstitutional by the court of criminal
  appeals or the United States Supreme Court], the court shall
  appoint an attorney to investigate the claim and represent the
  indigent defendant for purposes of filing an application for a writ
  of habeas corpus, if an application has not been filed, or to
  otherwise represent the indigent defendant in a proceeding based on
  the application for the writ.
         (b-1)  For purposes of Subsection (b), a potentially
  meritorious claim is any claim the court determines is likely to
  provide relief, including a claim that the defendant:
               (1)  is or may be actually innocent of the offense;
               (2)  is or may be guilty of only a lesser offense;
               (3)  was or may have been convicted or sentenced under a
  law that has been found unconstitutional by the court of criminal
  appeals or the United States Supreme Court; or
               (4)  was or may have been convicted or sentenced in
  violation of the constitution of this state or the United States.
         SECTION 2.  The change in law made by this Act relating to
  the application of writ of habeas corpus applies regardless of
  whether the offense for which the applicant is in custody was
  committed before, on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.