84R2621 ADM-F
By: Alonzo H.B. No. 1346
A BILL TO BE ENTITLED
AN ACT
relating to the representation of certain indigent applicants for a
writ of habeas corpus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 11.07, Code of Criminal Procedure, is
amended by adding Section 3-a to read as follows:
Sec. 3-a. If at any time the state represents to the
convicting court that an eligible indigent defendant under Article
1.051 who was sentenced or had a sentence suspended is not guilty,
is guilty of only a lesser offense, or was convicted or sentenced
under a law that has been found unconstitutional by the court of
criminal appeals or the United States Supreme Court, the court
shall appoint an attorney to represent the indigent defendant for
purposes of filing an application for a writ of habeas corpus, if an
application has not been filed, or to otherwise represent the
indigent defendant in a proceeding under this article. An attorney
appointed under this section shall be compensated as provided by
Article 26.05.
SECTION 2. Article 11.072, Code of Criminal Procedure, is
amended by adding Section 3-a to read as follows:
Sec. 3-a. If at any time the state represents to the
convicting court that an eligible indigent defendant under Article
1.051 who was sentenced or had a sentence suspended is not guilty,
is guilty of only a lesser offense, or was convicted or sentenced
under a law that has been found unconstitutional by the court of
criminal appeals or the United States Supreme Court, the court
shall appoint an attorney to represent the indigent defendant for
purposes of filing an application for a writ of habeas corpus, if an
application has not been filed, or to otherwise represent the
indigent defendant in a proceeding under this article. An attorney
appointed under this section shall be compensated as provided by
Article 26.05.
SECTION 3. 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.