| 5 | 2 | | |
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| 6 | 3 | | |
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| 7 | 4 | | A BILL TO BE ENTITLED |
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| 8 | 5 | | AN ACT |
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| 9 | 6 | | relating to the representation of certain indigent applicants for a |
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| 10 | 7 | | writ of habeas corpus. |
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| 11 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 9 | | SECTION 1. Chapter 11, Code of Criminal Procedure, is |
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| 13 | 10 | | amended by adding Article 11.074 to read as follows: |
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| 14 | 11 | | Art. 11.074. COURT-APPOINTED REPRESENTATION REQUIRED IN |
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| 15 | 12 | | CERTAIN CASES. (a) This article applies only to a felony or |
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| 16 | 13 | | misdemeanor case in which the applicant seeks relief on a writ of |
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| 17 | 14 | | habeas corpus from a judgment of conviction that: |
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| 18 | 15 | | (1) imposes a penalty other than death; or |
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| 19 | 16 | | (2) orders community supervision. |
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| 20 | 17 | | (b) If at any time the state represents to the convicting |
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| 21 | 18 | | court that an eligible indigent defendant under Article 1.051 who |
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| 22 | 19 | | was sentenced or had a sentence suspended is not guilty, is guilty |
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| 23 | 20 | | of only a lesser offense, or was convicted or sentenced under a law |
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| 24 | 21 | | that has been found unconstitutional by the court of criminal |
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| 25 | | - | appeals or the United States Supreme Court, the court shall appoint |
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| 26 | | - | an attorney to represent the indigent defendant for purposes of |
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| 27 | | - | filing an application for a writ of habeas corpus, if an application |
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| 28 | | - | has not been filed, or to otherwise represent the indigent |
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| 29 | | - | defendant in a proceeding based on the application for the writ. |
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| 22 | + | appeals or the United States Supreme Court, the court: |
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| 23 | + | (1) shall appoint an attorney to represent the |
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| 24 | + | indigent defendant for purposes of filing an application for a writ |
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| 25 | + | of habeas corpus, if an application has not been filed, or to |
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| 26 | + | otherwise represent the indigent defendant in a proceeding based on |
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| 27 | + | the application for the writ; and |
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| 28 | + | (2) may grant the request for habeas corpus relief, if |
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| 29 | + | the state and the attorney representing the eligible indigent |
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| 30 | + | defendant agree on the requested relief. |
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| 30 | 31 | | (c) An attorney appointed under this article shall be |
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| 31 | 32 | | compensated as provided by Article 26.05. |
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| 32 | 33 | | SECTION 2. The changes in law made by this Act relating to |
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| 33 | 34 | | the application of writ of habeas corpus apply regardless of |
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| 34 | 35 | | whether the offense for which the applicant is in custody was |
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| 35 | 36 | | committed before, on, or after the effective date of this Act. |
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| 36 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 41 | | Act takes effect September 1, 2015. |
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