Texas 2009 - 81st Regular

Texas Senate Bill SB1976

Filed
 
Out of Senate Committee
4/6/09  
Voted on by Senate
4/20/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to procedures for applications for writs of habeas corpus based on relevant scientific evidence.

Impact

The implications of SB1976 on Texas law are significant, as it alters the existing legal framework regarding post-conviction relief. Specifically, the bill permits convicted persons, including those who pleaded guilty or confessed, to file for writs of habeas corpus if they can present new scientific evidence of their innocence. This change is designed to ensure that justice is served and that innocent individuals are not confined due to outdated or incomplete evidence. The law will apply prospectively to applications filed after the bill's effective date, thus respecting previous legal frameworks for past applications.

Summary

SB1976 establishes new procedures for applications for writs of habeas corpus based on scientific evidence that can demonstrate the innocence of a convicted individual. The bill aims to amend Chapter 11 of the Code of Criminal Procedure by adding Article 11.073, which outlines conditions under which a court must grant relief if a person can show that significant scientific evidence was either not available during their trial or was not admissible. By allowing previously unavailable evidence to be considered, the bill seeks to enhance judicial fairness and address wrongful convictions more effectively.

Contention

While supporters of SB1976 argue that the bill strengthens the justice system by providing a mechanism to rectify wrongful convictions, there could be opposition from certain factions who worry about potential abuse of the writ process. Questions may arise about how courts will ascertain the admissibility and relevance of new scientific evidence, especially in cases with prior admissions of guilt. Additionally, the practical challenges for convicted individuals to navigate this new legal landscape and the potential administrative burden on the courts could be points of concern during further discussions.

Financial_implications

The implementation of SB1976 may necessitate additional resources for the courts to handle the increased volume of applications for habeas corpus as well as the expert testimony that new scientific evidence might require. This additional burden on the judicial system will necessitate adequate funding and training for judges and court personnel to properly evaluate the scientific evidence and ensure that the process respects the rights of both the accused and the state.

Companion Bills

TX HB3579

Identical Relating to procedures for applications for writs of habeas corpus based on scientific evidence establishing the innocence of a criminal defendant.

TX SB2337

Same As Relating to procedures for applications for writs of habeas corpus based on scientific evidence establishing the innocence of a criminal defendant.

Previously Filed As

TX HB205

Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.

TX HB286

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

TX HB247

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 SB1516

Relating to the procedures for an application for a writ of habeas corpus and the issuance of the writ.

TX HB3871

Relating to the procedures for an application for a writ of habeas corpus and the issuance of the writ.

TX HB1908

Relating to the procedure for an application for a writ of habeas corpus filed in certain felony cases.

TX SB685

Relating to the procedure for an application for a writ of habeas corpus filed in certain felony cases.

TX HB352

Relating to the representation of certain indigent applicants for a writ of habeas corpus.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

Similar Bills

CA SB442

State parks: resource exploitation exceptions: commercialization of investigation results.

CA SB829

California Institute for Scientific Research: CalRx Initiative: vaccines.

CA SB467

Expert witnesses: writ of habeas corpus.

CA AB3208

Greenhouse gases: methane.

OR SB554

Relating to forensic science.

CA AB530

Vehicles: electric bicycles.

CA SB704

Coastal resources: California Coastal Act of 1976: industrial developments: oil and gas developments: refineries: petrochemical facilities: offshore wind.

US HB4893

Scientific Integrity Act