Texas Senate Bill SB1866

Texas 2021 - 87th Regular

Caption

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

Impact

The enactment of SB1866 will primarily affect defendants in felony cases, particularly those who have previously filed for habeas corpus relief and wish to pursue another application. By setting a higher bar for these subsequent applications, the bill could potentially limit the opportunities for individuals to challenge their convictions based on new evidence or procedural errors unless they can definitively meet the outlined requirements. This may lead to a decrease in the number of successful habeas corpus petitions in Texas, as defendants will face stricter scrutiny from the courts regarding their claims.

Summary

SB1866 aims to amend Section 4 of Article 11.07 of the Texas Code of Criminal Procedure regarding the filing and consideration of subsequent writs of habeas corpus in certain felony cases. The bill stipulates that a court may only consider a subsequent application for a writ of habeas corpus if it meets specific criteria. These criteria ensure that the newly presented claims have not been previously addressed in earlier applications, and that any grounds for these claims were unavailable when the initial application was submitted. Essentially, the bill seeks to streamline the process for reviewing habeas corpus petitions, making it more difficult for repeat claims to be considered without Judicial intervention.

Contention

Points of contention surrounding SB1866 may arise from concerns over the implications for due process rights. Critics may argue that the higher criteria for filing subsequent habeas corpus petitions could impede justice, preventing wrongfully convicted individuals from having their cases revisited. Moreover, the bill's specification regarding which attorneys can consent to the consideration of subsequent applications raises questions about the balance of power and discretion within the legal process. Advocates for criminal justice reform may perceive this legislation as a step backward in protecting the rights of defendants, particularly those who may have legitimate claims that warrant judicial review.