Texas 2009 - 81st Regular

Texas Senate Bill SB1976 Compare Versions

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Old	New	Differences
1	1	81R28864 SJM-F
2	2	By: Whitmire, et al. S.B. No. 1976
3	3	Substitute the following for S.B. No. 1976:
4	4	By: Gallego C.S.S.B. No. 1976
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures for applications for writs of habeas corpus
10	10	based on relevant scientific evidence.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 11, Code of Criminal Procedure, is
13	13	amended by adding Article 11.073 to read as follows:
14	14	Art. 11.073. PROCEDURES RELATED TO CERTAIN SCIENTIFIC
15	15	EVIDENCE. (a) This article applies to relevant scientific evidence
16	16	that:
17	17	(1) was not available to be offered by the convicted
18	18	person at the convicted person's trial; or
19	19	(2) discredits scientific evidence relied on by the
20	20	state at trial.
21	21	(b) A court may grant a convicted person relief on an
22	22	application for a writ of habeas corpus if the convicted person
23	23	files an application, in the manner provided by Article 11.07,
24	24	11.071, or 11.072, containing sufficient specific facts indicating
25	25	that:
26	26	(1) relevant scientific evidence is available and was
27	27	not available at the time of the convicted person's trial because
28	28	the evidence was not ascertainable through the exercise of
29	29	reasonable diligence by the convicted person before the date of or
30	30	during the convicted person's trial;
31	31	(2) the scientific evidence would be admissible under
32	32	the Texas Rules of Evidence at a trial held on the date of the
33	33	application; and
34	34	(3) the court finds that, had the scientific evidence
35	35	been presented at trial, it is reasonably probable that the person
36	36	would not have been convicted.
37	37	(c) For purposes of Section 4(a)(1), Article 11.07, Section
38	38	5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim
39	39	or issue could not have been presented previously in an original
40	40	application or in a previously considered application if the claim
41	41	or issue is based on relevant scientific evidence that was not
42	42	ascertainable through the exercise of reasonable diligence by the
43	43	convicted person on or before the date on which the original
44	44	application or a previously considered application, as applicable,
45	45	was filed.
46	46	(d) In determining whether relevant scientific evidence was
47	47	not ascertainable through the exercise of reasonable diligence on
48	48	or before a specific date, the court shall consider whether the
49	49	scientific knowledge or method on which the relevant scientific
50	50	evidence is based has changed since:
51	51	(1) the applicable trial date or dates, for a
52	52	determination made with respect to an original application; or
53	53	(2) the date on which the original application or a
54	54	previously considered application, as applicable, was filed, for a
55	55	determination made with respect to a subsequent application.
56	56	SECTION 2. The change in law made by this Act applies only
57	57	to an application for a writ of habeas corpus filed on or after the
58	58	effective date of this Act. An application for a writ of habeas
59	59	corpus filed before the effective date of this Act is governed by
60	60	the law in effect at the time the application was filed, and the
61	61	former law is continued in effect for that purpose.
62	62	SECTION 3. This Act takes effect September 1, 2009.