82R11100 GCB-F
By: Ellis S.B. No. 1684
A BILL TO BE ENTITLED
AN ACT
relating to procedures applicable to an applicant entitled to
habeas corpus under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3, Article 11.07, Code of Criminal
Procedure, is amended by adding Subsections (d-1) and (d-2) to read
as follows:
(d-1) If the convicting court finds the applicant is
entitled to relief based on evidence of actual innocence, or if the
convicting court finds the applicant is entitled to relief based on
findings of fact and conclusions of law stipulated to by the
applicant and the attorney representing the state, the convicting
court shall:
(1) vacate the order convicting the applicant;
(2) order the applicant's immediate release from
custody; and
(3) as applicable, order the applicant's release from
other conditions of confinement or supervision imposed as a result
of the conviction.
(d-2) If the convicting court vacates the order convicting
the applicant, as described by Subsection (d-1), the attorney
representing the state may file a notice of appeal of the order
vacating the conviction order not later than 30 days after the date
of the entry of that order. On filing of a notice of appeal, the
judgment of the convicting court is stayed, and the court of
criminal appeals retains jurisdiction over the writ of habeas
corpus and may proceed in the same manner as the court otherwise
proceeds under this article.
SECTION 2. The changes in law made by this Act relating to
the application of writ of habeas corpus apply regardless of
whether the offense for which the applicant is in custody was
committed before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.