| 1 | 1 | | 86R11775 MAW-F |
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| 2 | 2 | | By: González of Dallas H.B. No. 3500 |
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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 representation of certain indigent applicants for a |
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| 8 | 8 | | writ of habeas corpus. |
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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. Article 11.074, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsection (b) and adding Subsection (b-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) If at any time the state represents to the convicting |
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| 14 | 14 | | court that an eligible indigent defendant under Article 1.051 has |
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| 15 | 15 | | under a writ of habeas corpus a potentially meritorious claim for |
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| 16 | 16 | | relief from a judgment described by Subsection (a) [who was |
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| 17 | 17 | | sentenced or had a sentence suspended is not guilty, is guilty of |
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| 18 | 18 | | only a lesser offense, or was convicted or sentenced under a law |
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| 19 | 19 | | that has been found unconstitutional by the court of criminal |
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| 20 | 20 | | appeals or the United States Supreme Court], the court shall |
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| 21 | 21 | | appoint an attorney to investigate the claim and represent the |
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| 22 | 22 | | indigent defendant for purposes of filing an application for a writ |
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| 23 | 23 | | of habeas corpus, if an application has not been filed, or to |
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| 24 | 24 | | otherwise represent the indigent defendant in a proceeding based on |
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| 25 | 25 | | the application for the writ. |
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| 26 | 26 | | (b-1) For purposes of Subsection (b), a potentially |
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| 27 | 27 | | meritorious claim is any claim the court determines is likely to |
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| 28 | 28 | | provide relief, including a claim that the defendant: |
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| 29 | 29 | | (1) is or may be actually innocent of the offense; |
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| 30 | 30 | | (2) is or may be guilty of only a lesser offense; |
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| 31 | 31 | | (3) was or may have been convicted or sentenced under a |
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| 32 | 32 | | law that has been found unconstitutional by the court of criminal |
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| 33 | 33 | | appeals or the United States Supreme Court; or |
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| 34 | 34 | | (4) was or may have been convicted or sentenced in |
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| 35 | 35 | | violation of the constitution of this state or the United States. |
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| 36 | 36 | | SECTION 2. The change in law made by this Act relating to |
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| 37 | 37 | | the application of writ of habeas corpus applies regardless of |
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| 38 | 38 | | whether the offense for which the applicant is in custody was |
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| 39 | 39 | | committed before, on, or after the effective date of this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2019. |
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