Texas 2023 - 88th Regular

Texas Senate Bill SB141

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

Impact

If passed, SB141 would affect the legal landscape for defendants seeking relief from felony convictions through subsequent habeas corpus applications. The bill introduces more stringent requirements that may limit the circumstances under which subsequent applications can be filed, thereby potentially reducing the number of cases where relief is granted. This aligns with a trend towards stricter procedural rules in the criminal justice system, aiming to expedite case resolutions but at the risk of impacting defendants' rights to a fair hearing.

Summary

SB141, also known as the Act relating to the consideration of a subsequent writ of habeas corpus in certain felony cases, aims to amend the Code of Criminal Procedure specifically concerning the process for filing subsequent applications for writs of habeas corpus. The bill sets forth conditions under which a court may consider the merits of a subsequent application after the final disposition of an initial application. It underscores the necessity for specific factual claims that were previously unavailable, or a clear constitutional violation that may have impacted the conviction.

Sentiment

The sentiment around SB141 appears to be cautiously supportive among some lawmakers who argue that the bill would streamline the habeas corpus process and reduce frivolous applications. However, there is notable concern among civil rights advocates who fear that these changes could undermine the rights of defendants, particularly those who may have legitimate claims for relief after a conviction. The debate reflects a broader discussion on the balance between efficient judicial processes and the safeguarding of individual rights within the criminal justice system.

Contention

A contentious point regarding SB141 is the burden placed on defendants to demonstrate that new claims could not have been previously presented, along with the requirement for written consent from a state attorney for consideration of an application. Opponents argue that these stipulations could hinder access to justice for those wrongfully convicted or with legitimate claims for relief. As this bill navigates the legislative process, it highlights the complex considerations involved in amending criminal procedures and the implications for both the justice system and individual rights.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 11. Habeas Corpus
    • Section: New Section

Companion Bills

TX HB247

Identical Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

Previously Filed As

TX HB247

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

TX HB187

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

TX HB1291

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

TX SB1866

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

TX HB3425

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

TX HB2873

Relating to the procedures for an application for a writ of habeas corpus in certain felony cases where the state agrees to relief.

TX SB1273

Relating to the procedures for an application for a writ of habeas corpus in certain felony cases where the state agrees to relief.

TX HB916

Relating to standards for judicial review of certain writs of habeas corpus in capital cases.

TX HB488

Relating to standards for judicial review of certain writs of habeas corpus in capital cases.

TX HB115

Relating to postconviction applications for a writ of habeas corpus.

Similar Bills

No similar bills found.