By: Whitmire S.B. No. 1976
(In the Senate - Filed March 12, 2009; March 24, 2009, read
first time and referred to Committee on Criminal Justice;
April 6, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 6, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1976 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to procedures for applications for writs of habeas corpus
based on relevant scientific evidence establishing the innocence of
a criminal defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Code of Criminal Procedure, is
amended by adding Article 11.073 to read as follows:
Art. 11.073. ADDITIONAL PROCEDURES FOR ALL WRITS. (a) A
court shall grant a convicted person relief on an application for a
writ of habeas corpus if the convicted person files an application,
in the manner provided by Article 11.07, 11.071, or 11.072,
containing sufficient specific facts indicating that:
(1) relevant scientific evidence is available and was
not available at the time of the convicted person's trial because:
(A) the evidence was not ascertainable through
the exercise of reasonable diligence by the convicted person before
the date of or during the convicted person's trial; or
(B) the evidence was not admissible under the
Texas Rules of Evidence;
(2) the scientific evidence would be admissible under
the Texas Rules of Evidence at a trial held on the date of the
application; and
(3) the court finds that, had the scientific evidence
been presented at trial, it is reasonably probable that the person
would not have been convicted.
(b) Notwithstanding any other provision of this chapter, if
a court finds that relevant scientific evidence exists that was not
available at the time of a convicted person's trial, the court may
grant relief on the application for a writ of habeas corpus under
this chapter regardless of whether the convicted person has
previously filed an application under this chapter.
(c) Notwithstanding any other provision of this chapter, a
convicted person who entered a plea of guilty or nolo contendere or
who made a confession or similar admission before or after
conviction may submit an application for a writ of habeas corpus as
provided by this section. The convicting court may not deny relief
on the application authorized by this subsection based solely on
the applicant's plea, confession, or admission.
SECTION 2. The change in law made by this Act applies only
to an application for a writ of habeas corpus filed on or after the
effective date of this Act. An application for a writ of habeas
corpus filed before the effective date of this Act is governed by
the law in effect at the time the application was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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