By: Whitmire S.B. No. 344
(Turner of Harris, Wu)
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for an application for a writ of habeas
corpus based on relevant scientific evidence.
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. PROCEDURE RELATED TO CERTAIN SCIENTIFIC
EVIDENCE. (a) This article applies to relevant scientific
evidence that:
(1) was not available to be offered by a convicted
person at the convicted person's trial; or
(2) contradicts scientific evidence relied on by the
state at trial.
(b) A court may grant a convicted person relief on an
application for a writ of habeas corpus if:
(1) the convicted person files an application, in the
manner provided by Article 11.07, 11.071, or 11.072, containing
specific facts indicating that:
(A) relevant scientific evidence is currently
available and was not available at the time of the convicted
person's trial because 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; and
(B) the scientific evidence would be admissible
under the Texas Rules of Evidence at a trial held on the date of the
application; and
(2) the court makes the findings described by
Subdivisions (1)(A) and (B) and also finds that, had the scientific
evidence been presented at trial, on the preponderance of the
evidence the person would not have been convicted.
(c) For purposes of Section 4(a)(1), Article 11.07, Section
5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim
or issue could not have been presented previously in an original
application or in a previously considered application if the claim
or issue is based on relevant scientific evidence that was not
ascertainable through the exercise of reasonable diligence by the
convicted person on or before the date on which the original
application or a previously considered application, as applicable,
was filed.
(d) In making a finding as to whether relevant scientific
evidence was not ascertainable through the exercise of reasonable
diligence on or before a specific date, the court shall consider
whether the scientific knowledge or method on which the relevant
scientific evidence is based has changed since:
(1) the applicable trial date or dates, for a
determination made with respect to an original application; or
(2) the date on which the original application or a
previously considered application, as applicable, was filed, for a
determination made with respect to a subsequent application.
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, 2013.