| 1 | 1 | | 86R9916 MAW-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 3425 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the consideration of a subsequent writ of habeas corpus |
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| 8 | 8 | | in certain felony cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 4(a), Article 11.07, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | (a) If a subsequent application for writ of habeas corpus is |
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| 13 | 13 | | filed after final disposition of an initial application challenging |
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| 14 | 14 | | the same conviction, a court may not consider the merits of or grant |
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| 15 | 15 | | relief based on the subsequent application unless the attorney |
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| 16 | 16 | | representing the state consents in writing to that consideration or |
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| 17 | 17 | | unless the application contains sufficient specific facts |
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| 18 | 18 | | establishing that: |
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| 19 | 19 | | (1) the current claims and issues have not been and |
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| 20 | 20 | | could not have been presented previously in an original application |
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| 21 | 21 | | or in a previously considered application filed under this article |
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| 22 | 22 | | because the factual or legal basis for the claim was unavailable on |
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| 23 | 23 | | the date the applicant filed the previous application; or |
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| 24 | 24 | | (2) by a preponderance of the evidence, but for a |
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| 25 | 25 | | violation of the United States Constitution no rational juror could |
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| 26 | 26 | | have found the applicant guilty beyond a reasonable doubt. |
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| 27 | 27 | | SECTION 2. Section 4(a), Article 11.07, Code of Criminal |
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| 28 | 28 | | Procedure, as amended by this Act, applies only to an application |
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| 29 | 29 | | for a writ of habeas corpus filed on or after the effective date of |
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| 30 | 30 | | this Act. An application filed before the effective date of this |
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| 31 | 31 | | Act is governed by the law in effect on the date the application was |
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| 32 | 32 | | filed, and the former law is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2019. |
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