Texas 2011 - 82nd Regular

Texas House Bill HB488

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

Caption

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

Impact

The proposed changes are primarily reflected in the modifications to Section 5(a) of Article 11.071 in the Texas Code of Criminal Procedure. Under the new modifications, a court is barred from considering the merits of a subsequent habeas corpus application unless it presents robust and specific facts that substantiate the claims. This measure is designed to streamline the judicial process by filtering out applications that do not meet the necessary standards for review, potentially affecting the appeal rights of defendants in capital cases and thus impacting the relationship between judicial processes and defendants' rights.

Summary

House Bill 488 proposes amendments to the standards governing judicial review of certain writs of habeas corpus specifically within the context of capital cases in Texas. The alterations are aimed at providing more stringent criteria for the consideration of subsequent habeas corpus applications, which is critical in death penalty cases where the stakes are significantly high. By doing so, the bill seeks to ensure that only those claims which meet the newly established requirements can be reconsidered by the courts, thereby upholding a more rigorous standard in the appeals process for capital convictions.

Sentiment

The sentiment surrounding HB 488 seems to hinge on the balance between ensuring judicial efficiency and protecting the rights of individuals facing the death penalty. Proponents of the bill argue that it is necessary to prevent frivolous applications that can delay the legal process and unnecessarily extend the time until justice is served. Critics may view the bill as an additional hurdle for defendants, raising concerns about the adequacy of protections against wrongful convictions in capital cases. The implications highlight a tension between expediting the justice system and ensuring thorough consideration of claims, especially in matters of life and death.

Contention

A notable point of contention is likely to arise around the effectiveness of these amended standards in truly representing justice for individuals whose lives are at stake. The crucial criteria, such as the requirement for evidence showing that claims were not previously available or would have led to a different jury outcome, may initiate debates on the practicalities of navigating the criminal justice system. Some stakeholders may argue that these additional requirements could preclude legitimate claims from being examined if they do not meet the rigorous new standards, thus presenting a challenge to the underlying principles of justice and fairness in capital litigation.

Companion Bills

No companion bills found.

Previously Filed As

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 HB286

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

TX SB1516

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

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 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 HB3871

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

TX HB1170

Relating to policies and standards for providing legal representation to indigent defendants in certain capital felony cases.

Similar Bills

No similar bills found.