Texas 2019 - 86th Regular

Texas House Bill HB464 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R3730 AJZ-D
1	2		By: Moody, Guillen H.B. No. 464
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6		-	relating to certain procedures for and relief that may be granted
7		-	pursuant to an application for a writ of habeas corpus.
	7	+	relating to an application for a writ of habeas corpus based on
	8	+	certain relevant scientific evidence that was not available at the
	9	+	applicant's trial.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Article 11.073(b), Code of Criminal Procedure,
10	12		is amended to read as follows:
11	13		(b) A court may grant a convicted person relief on an
12	14		application for a writ of habeas corpus if:
13	15		(1) the convicted person files an application, in the
14	16		manner provided by Article 11.07, 11.071, or 11.072, containing
15	17		specific facts indicating that:
16	18		(A) relevant scientific evidence is currently
17	19		available and was not available at the time of the convicted
18	20		person's trial because the evidence was not ascertainable through
19	21		the exercise of reasonable diligence by the convicted person before
20	22		the date of or during the convicted person's trial; and
21	23		(B) the scientific evidence would be admissible
22	24		under the Texas Rules of Evidence at a trial held on the date of the
23	25		application; and
24	26		(2) the court makes the findings described by
25	27		Subdivisions (1)(A) and (B) and also finds that, had the scientific
26	28		evidence been presented at trial, on the preponderance of the
27	29		evidence the person would not have been convicted or would have
28	30		received a different punishment.
29		-	SECTION 2. Article 11.074, Code of Criminal Procedure, is
30		-	amended by amending Subsection (b) and adding Subsection (b-1) to
31		-	read as follows:
32		-	(b) If at any time the state represents to the convicting
33		-	court that an eligible indigent defendant under Article 1.051 has
34		-	under a writ of habeas corpus a potentially meritorious claim for
35		-	relief from a judgment described by Subsection (a) [who was
36		-	sentenced or had a sentence suspended is not guilty, is guilty of
37		-	only a lesser offense, or was convicted or sentenced under a law
38		-	that has been found unconstitutional by the court of criminal
39		-	appeals or the United States Supreme Court], the court shall
40		-	appoint an attorney to investigate the claim and represent the
41		-	indigent defendant for purposes of filing an application for a writ
42		-	of habeas corpus, if an application has not been filed, or to
43		-	otherwise represent the indigent defendant in a proceeding based on
44		-	the application for the writ.
45		-	(b-1) For purposes of Subsection (b), a potentially
46		-	meritorious claim is any claim the court determines is likely to
47		-	provide relief, including a claim that the defendant:
48		-	(1) is or may be actually innocent of the offense;
49		-	(2) is or may be guilty of only a lesser offense;
50		-	(3) was or may have been convicted or sentenced under a
51		-	law that has been found unconstitutional by the court of criminal
52		-	appeals or the United States Supreme Court; or
53		-	(4) was or may have been convicted or sentenced in
54		-	violation of the constitution of this state or the United States.
55		-	SECTION 3. Article 11.073, Code of Criminal Procedure, as
	31	+	SECTION 2. Article 11.073, Code of Criminal Procedure, as
56	32		amended by this Act, applies only to an application for a writ of
57	33		habeas corpus filed on or after the effective date of this Act. An
58	34		application filed before the effective date of this Act is governed
59	35		by the law in effect when the application was filed, and the former
60	36		law is continued in effect for that purpose.
61		-	SECTION 4. The change in law made by this Act to Article
62		-	11.074, Code of Criminal Procedure, relating to an application
63		-	filed for a writ of habeas corpus applies regardless of whether the
64		-	offense for which the applicant is in custody was committed before,
65		-	on, or after the effective date of this Act.
66		-	SECTION 5. This Act takes effect December 1, 2019.
	37	+	SECTION 3. This Act takes effect December 1, 2019.