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A BILL TO BE ENTITLED
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AN ACT
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relating to postconviction applications for a writ of habeas |
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corpus. |
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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 the defendant [him] in |
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the following 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 [Court |
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of Criminal Appeals] if the appeal is made directly from the trial |
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court or if a petition for discretionary review has been granted; |
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(3) a habeas corpus proceeding if: |
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(A) the defendant raises a claim governed by |
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Article 11.073; or |
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(B) the court concludes that the interests of |
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justice require representation; and |
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(4) any other appellate proceeding if the court |
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concludes that the interests of justice require representation. |
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SECTION 2. Section 5, Article 11.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 5. (a) Except as provided by Subsection (b), the court |
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of criminal appeals [The Court of Criminal Appeals] may deny relief |
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upon the findings and conclusions of the hearing judge without |
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docketing the cause, or may direct that the cause be docketed and |
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heard as though originally presented to said court or as an appeal. |
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Upon reviewing the record the court shall enter its judgment |
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remanding the applicant to custody or ordering the applicant's |
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[his] release, as the law and facts may justify. The mandate of the |
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court shall issue to the court issuing the writ, as in other |
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criminal cases. After conviction the procedure outlined in this |
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article [Act] shall be exclusive and any other proceeding shall be |
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void and of no force and effect in discharging the prisoner. |
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(b) The court of criminal appeals may not deny relief on a |
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claim governed by Article 11.073 except by a written decision |
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addressing the merits of the claim. |
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SECTION 3. Section 5, Article 11.071, Code of Criminal |
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Procedure, is amended by adding Subsection (g) to read as follows: |
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(g) Notwithstanding any other provision of this section, |
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the court of criminal appeals may consider a subsequent application |
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that fails to satisfy the requirements of Subsection (a) if the |
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court finds that justice requires the court to consider the |
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application. If the court of criminal appeals makes the finding |
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described by this subsection, the convicting court may take further |
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action on the application. If the court of criminal appeals does |
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not make the finding described by this subsection, the court shall |
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issue an order dismissing the application as an abuse of the writ |
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under this section. |
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SECTION 4. Section 6(b-1), Article 11.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b-1) If the convicting court receives notice that the |
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requirements of Section 5 [5(a)] for consideration of a subsequent |
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application have been met and if the applicant has not elected to |
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proceed pro se and is not represented by retained counsel, the |
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convicting court shall appoint, in order of priority: |
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(1) the attorney who represented the applicant in the |
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proceedings under Section 5, if the attorney seeks the appointment; |
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(2) the office of capital and forensic writs, if the |
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office represented the applicant in the proceedings under Section 5 |
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or otherwise accepts the appointment; or |
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(3) counsel from a list of competent counsel |
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maintained by the presiding judges of the administrative judicial |
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regions under Section 78.056, Government Code, if the office of |
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capital and forensic writs: |
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(A) did not represent the applicant as described |
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by Subdivision (2); or |
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(B) does not accept or is prohibited from |
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accepting the appointment under Section 78.054, Government Code. |
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SECTION 5. Article 11.073, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 11.073. PROCEDURE RELATED TO CERTAIN SCIENTIFIC |
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EVIDENCE. (a) This article applies to relevant scientific |
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evidence 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, there is a reasonable likelihood |
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the scientific evidence could have affected the person's conviction |
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or the sentence imposed [on the preponderance of the evidence the |
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person would not have been convicted]. |
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(c) [For purposes of] Section 4(a)(1), Article 11.07, |
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Section 5(a)(1), Article 11.071, and Section 9(a), Article 11.072, |
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apply to a claim governed by this article only if the claim has been |
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previously presented in an application filed by an attorney [or |
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issue could not have been presented previously in an original |
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application or in a previously considered application if the claim |
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or issue is based on relevant scientific evidence that was not |
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ascertainable through the exercise of reasonable diligence by the |
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convicted person on or before the date on which the original |
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application or a previously considered application, as applicable, |
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was filed]. |
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(d) In making a finding as to whether relevant scientific |
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evidence was not ascertainable through the exercise of reasonable |
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diligence [on or] before the [a specific] date of or during the |
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convicted person's trial, the court shall consider whether the |
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field of scientific knowledge, a testifying expert's scientific |
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knowledge, or a scientific method on which the relevant scientific |
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evidence is based has changed since [: |
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[(1)] the applicable trial date or dates [, for a |
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determination made with respect to an original application; or |
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[(2) the date on which the original application or a |
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previously considered application, as applicable, was filed, for a |
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determination made with respect to a subsequent application]. |
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SECTION 6. Chapter 11, Code of Criminal Procedure, is |
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amended by adding Article 11.66 to read as follows: |
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Art. 11.66. WRIT REQUIRING ISSUANCE OF CERTAIN RELEVANT |
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DOCUMENTS FOR POSTCONVICTION WRIT OF HABEAS CORPUS APPLICATION. |
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(a) A person may file a petition for a writ under this article in a |
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district court to require the issuance of documents described by |
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Subsection (b)(2)(B) related to filing an application for a writ of |
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habeas corpus under this chapter. |
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(b) A person may file a petition for a writ under this |
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article only if: |
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(1) the person is an attorney licensed in this state; |
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(2) the person affirms in the petition that: |
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(A) the person is seeking to file an application |
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for a writ of habeas corpus on behalf of an applicant after a final |
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conviction; and |
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(B) the person cannot in good faith file the |
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application until the person obtains documents relevant to a ground |
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for relief in the application; and |
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(3) the person provides the office of the attorney |
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representing the state in the applicant's case with reasonable |
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notice of the person's intention to file a petition for a writ under |
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this article. |
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(c) A district court's jurisdiction under this article is |
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invoked by the filing of the petition described by this article and |
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is limited to matters relating to the petition and the issuance of |
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relevant documents as requested by the petition. |
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SECTION 7. Section 24.011, Government Code, is amended to |
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read as follows: |
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Sec. 24.011. WRIT POWER. A judge of a district court may, |
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either in termtime or vacation, grant a writ [writs] of mandamus, |
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injunction, sequestration, attachment, garnishment, certiorari, |
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and supersedeas, a writ to require the issuance of documents under |
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Article 11.66, Code of Criminal Procedure, and any [all] other writ |
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[writs] necessary to the enforcement of the court's jurisdiction. |
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SECTION 8. The changes in law made by this 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 on the |
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date the application was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2027. |