Texas 2023 - 88th Regular

Texas House Bill HB247

Filed
11/14/22  
Out of House Committee
3/8/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The revisions brought by HB 247 are expected to significantly affect the Texas Code of Criminal Procedure, particularly Article 11.07, which governs habeas corpus applications. By setting clearer guidelines on how subsequent applications are handled, the bill encourages a more balanced approach to justice that emphasizes the importance of revisiting cases where new evidence may influence the original verdict. This change is anticipated to help rectify instances of wrongful convictions and promotes fairness in the legal system.

Summary

House Bill 247, introduced by Representative Dean Thompson, addresses the consideration of a subsequent writ of habeas corpus in certain felony cases. The intent of the bill is to amend existing procedures to alleviate barriers faced by district attorneys when examining claims of innocence. The bill aims to refine the framework for evaluating subsequent applications for writs of habeas corpus, allowing courts to consider these applications under more precise conditions. Specifically, the bill seeks to ensure that cases where new, compelling evidence emerges have a clearer pathway for legal recourse.

Sentiment

The sentiment surrounding HB 247 is largely positive, particularly among advocacy groups that focus on wrongful convictions. The bill received unanimous support from committee discussions and was passed with a substantial margin in both the House and Senate votes. Supporters, including organizations like the Innocence Project of Texas, praised the bill for its critical role in addressing miscarriages of justice and enhancing legal protections for the wrongfully accused. However, there were some concerns about the implications of changing legal procedures, indicating a need for careful implementation.

Contention

While the bill enjoys broad support, there are potential points of contention regarding its implementation. Critics may argue about the feasibility of the new procedures and whether they could inadvertently complicate the legal process. Additionally, discussions in legislative committees highlighted the need for ongoing training and resources for district attorneys to appropriately handle these cases under the new guidelines. The central aim remains to ensure that the justice system is equipped to address claims of innocence effectively while maintaining rigorous legal standards.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 11. Habeas Corpus
    • Section: New Section
    • Section: New Section
    • Section: 07

Companion Bills

TX SB141

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

Previously Filed As

TX HB3425

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 SB141

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 HB1291

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

Similar Bills

No similar bills found.