Texas House Bill HB3426

Texas 2019 - 86th Regular

Caption

Relating to the procedure for an application for a writ of habeas corpus based on certain new evidence.

Impact

The passage of HB3426 would significantly impact the legal landscape for those seeking to overturn their convictions in Texas. It provides a formalized avenue for individuals who may possess new evidence that could exonerate them, thus enhancing the fairness of the criminal justice system. The changes ensure that if evidence is deemed admissible under current Texas Rules of Evidence and could have influenced a jury's decision, courts will have the ability to consider such evidence in potential writ applications made from the bill's effective date forward, thereby aligning with due process principles.

Summary

House Bill 3426 addresses the procedures surrounding applications for a writ of habeas corpus based on certain new evidence that was not available at the time of the original trial. The bill introduces an important amendment to Chapter 11 of the Code of Criminal Procedure, adding Article 11.0732, which outlines specific conditions under which a court may grant relief to a convicted individual based on newly available evidence. This process aims to ensure that individuals wrongfully convicted due to unavailable evidence have a pathway to appeal their convictions.

Contention

Notably, the bill's implementation may provoke discussions regarding the potential for increased court caseloads as more individuals could seek to file writs of habeas corpus based on new evidence. Critics may raise concerns about the resources required to handle such applications and whether it might lead to the reconsideration of multiple cases that challenge the integrity of already established verdicts. Furthermore, the stipulation that the evidence must not have been ascertainable through reasonable diligence prior to the original trial could be scrutinized, as it places an additional burden on applicants to justify why the evidence was not presented earlier.