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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for a writ of habeas corpus based on |
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certain relevant scientific evidence that was not available at the |
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applicant's trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.051(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) An eligible indigent defendant is entitled to have the |
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trial court appoint an attorney to represent him in the following |
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appellate and postconviction habeas corpus matters: |
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(1) an appeal to a court of appeals; |
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(2) an appeal to the Court of Criminal Appeals if the appeal |
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is made directly from the trial court or if a petition for |
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discretionary review has been granted; |
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(3) a habeas corpus proceeding if the court concludes that |
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the interests of justice require representation or the defendant |
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raises a claim under Article 11.073; and |
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(4) any other appellate proceeding if the court concludes |
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that the interests of justice require representation. |
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SECTION 2. Article 11.07, Sec. 5, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 5. The Court of Criminal Appeals may deny relief upon |
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the findings and conclusions of the hearing judge without docketing |
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the cause, or may direct that the cause be docketed and heard as |
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though originally presented to said court or as an appeal. Upon |
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reviewing the record the court shall enter its judgment remanding |
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the applicant to custody or ordering his release, as the law and |
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facts may justify. The mandate of the court shall issue to the court |
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issuing the writ, as in other criminal cases. After conviction the |
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procedure outlined in this Act shall be exclusive and any other |
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proceeding shall be void and of no force and effect in discharging |
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the prisoner. The court may not deny relief under Article 11.073 |
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except by written decision addressing the substance of the claim. |
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SECTION 3. Article 11.073(a)-(c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) This article applies to relevant scientific evidence |
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that: |
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(1) was not reasonably available to be offered by a |
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convicted person at the convicted person's trial; or |
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(2) contradicts or tends to negate scientific evidence |
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relied on by the state at trial. |
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(b) A court may grant a convicted person relief on an |
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application for a writ of habeas corpus if: |
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(1) the convicted person files an application, in the |
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manner provided by Article 11.07, 11.071, or 11.072, containing |
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specific facts indicating that: |
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(A) relevant scientific evidence is currently |
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available and was not available at the time of the convicted |
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person's trial because the evidence was not ascertainable through |
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the exercise of reasonable diligence by the convicted person before |
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the date of or during the convicted person's trial; and |
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(B) the scientific evidence would be admissible |
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under the Texas Rules of Evidence at a trial held on the date of the |
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application; and |
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(2) the court makes the findings described by |
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Subdivisions (1)(A) and (B) and also finds that, had the scientific |
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evidence been presented at trial, [on the preponderance of the |
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evidence] there is a reasonable likelihood the scientific evidence |
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could have affected the person's conviction or the punishment the |
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person received. |
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(c) [For purposes of] Section 4(a), Article 11.07, Section |
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5(a), Article 11.071, and Section 9(a), Article 11.072, only apply |
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to a claim under this article if the claim has been presented |
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previously in an application filed by an attorney [a claim or issue |
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could not have been presented previously in an original application |
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or in a previously considered application if the claim or issue is |
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based on relevant scientific evidence that was not ascertainable |
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through the exercise of reasonable diligence by the convicted |
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person on or before the date on which the original application or a |
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previously considered application, as applicable, was filed]. |
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SECTION 4. The changes in law made by the Act apply only to |
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an application for a writ of habeas corpus filed on or after the |
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effective date of this Act. An application filed before the |
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effective date of this Act is governed by the law in effect when the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect December 1, 2025. |