Texas 2013 - 83rd Regular

Texas Senate Bill SB344 Compare Versions

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1	1	By: Whitmire S.B. No. 344
2	2	(Turner of Harris, Wu)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure for an application for a writ of habeas
8	8	corpus based on relevant scientific evidence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 11, Code of Criminal Procedure, is
11	11	amended by adding Article 11.073 to read as follows:
12	12	Art. 11.073. PROCEDURE RELATED TO CERTAIN SCIENTIFIC
13	13	EVIDENCE. (a) This article applies to relevant scientific
14	14	evidence that:
15	15	(1) was not available to be offered by a convicted
16	16	person at the convicted person's trial; or
17	17	(2) contradicts scientific evidence relied on by the
18	18	state at trial.
19	19	(b) A court may grant a convicted person relief on an
20	20	application for a writ of habeas corpus if:
21	21	(1) the convicted person files an application, in the
22	22	manner provided by Article 11.07, 11.071, or 11.072, containing
23	23	specific facts indicating that:
24	24	(A) relevant scientific evidence is currently
25	25	available and was not available at the time of the convicted
26	26	person's trial because the evidence was not ascertainable through
27	27	the exercise of reasonable diligence by the convicted person before
28	28	the date of or during the convicted person's trial; and
29	29	(B) the scientific evidence would be admissible
30	30	under the Texas Rules of Evidence at a trial held on the date of the
31	31	application; and
32	32	(2) the court makes the findings described by
33	33	Subdivisions (1)(A) and (B) and also finds that, had the scientific
34	34	evidence been presented at trial, on the preponderance of the
35	35	evidence the person would not have been convicted.
36	36	(c) For purposes of Section 4(a)(1), Article 11.07, Section
37	37	5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim
38	38	or issue could not have been presented previously in an original
39	39	application or in a previously considered application if the claim
40	40	or issue is based on relevant scientific evidence that was not
41	41	ascertainable through the exercise of reasonable diligence by the
42	42	convicted person on or before the date on which the original
43	43	application or a previously considered application, as applicable,
44	44	was filed.
45	45	(d) In making a finding as to whether relevant scientific
46	46	evidence was not ascertainable through the exercise of reasonable
47	47	diligence on or before a specific date, the court shall consider
48	48	whether the scientific knowledge or method on which the relevant
49	49	scientific evidence is based has changed since:
50	50	(1) the applicable trial date or dates, for a
51	51	determination made with respect to an original application; or
52	52	(2) the date on which the original application or a
53	53	previously considered application, as applicable, was filed, for a
54	54	determination made with respect to a subsequent application.
55	55	SECTION 2. The change in law made by this Act applies only
56	56	to an application for a writ of habeas corpus filed on or after the
57	57	effective date of this Act. An application for a writ of habeas
58	58	corpus filed before the effective date of this Act is governed by
59	59	the law in effect at the time the application was filed, and the
60	60	former law is continued in effect for that purpose.
61	61	SECTION 3. This Act takes effect September 1, 2013.