| 1 | 1 | | 81R6464 SJM-F |
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| 2 | 2 | | By: Whitmire S.B. No. 2337 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procedures for applications for writs of habeas corpus |
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| 8 | 8 | | based on scientific evidence establishing the innocence of a |
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| 9 | 9 | | criminal defendant. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 11.073 to read as follows: |
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| 13 | 13 | | Art. 11.073. ADDITIONAL PROCEDURES FOR ALL WRITS. (a) A |
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| 14 | 14 | | court shall grant a convicted person relief on an application for a |
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| 15 | 15 | | writ of habeas corpus if the convicted person files an application, |
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| 16 | 16 | | in the manner provided by Article 11.07, 11.071, or 11.072, |
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| 17 | 17 | | containing sufficient specific facts indicating that: |
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| 18 | 18 | | (1) scientific evidence establishing the convicted |
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| 19 | 19 | | person's innocence is available and was not available at the time of |
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| 20 | 20 | | the convicted person's trial because: |
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| 21 | 21 | | (A) the evidence was not ascertainable through |
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| 22 | 22 | | the exercise of reasonable diligence by the convicted person before |
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| 23 | 23 | | the date of or during the convicted person's trial; or |
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| 24 | 24 | | (B) the evidence was not admissible under the |
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| 25 | 25 | | Texas Rules of Evidence; |
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| 26 | 26 | | (2) the scientific evidence would be admissible under |
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| 27 | 27 | | the Texas Rules of Evidence at a trial held on the date of the |
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| 28 | 28 | | application; and |
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| 29 | 29 | | (3) by a preponderance of the evidence, no rational |
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| 30 | 30 | | trier of fact could have found the applicant guilty beyond a |
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| 31 | 31 | | reasonable doubt if the scientific evidence had been presented at |
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| 32 | 32 | | trial. |
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| 33 | 33 | | (b) Notwithstanding any other provision of this chapter, if |
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| 34 | 34 | | a court finds that scientific evidence exists that was not |
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| 35 | 35 | | available at the time of a convicted person's trial, the court may |
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| 36 | 36 | | grant relief on the application for a writ of habeas corpus under |
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| 37 | 37 | | this chapter regardless of whether the convicted person has |
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| 38 | 38 | | previously filed an application under this chapter. |
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| 39 | 39 | | (c) Notwithstanding any other provision of this chapter, a |
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| 40 | 40 | | convicted person who entered a plea of guilty or nolo contendere or |
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| 41 | 41 | | who made a confession or similar admission before or after |
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| 42 | 42 | | conviction may submit an application for a writ of habeas corpus as |
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| 43 | 43 | | provided by this section. The convicting court may not deny relief |
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| 44 | 44 | | on the application authorized by this subsection based solely on |
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| 45 | 45 | | the applicant's plea, confession, or admission. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to an application for a writ of habeas corpus filed on or after the |
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| 48 | 48 | | effective date of this Act. An application for a writ of habeas |
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| 49 | 49 | | corpus filed before the effective date of this Act is governed by |
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| 50 | 50 | | the law in effect at the time the application was filed, and the |
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| 51 | 51 | | former law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2009. |
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