Texas 2021 - 87th Regular

Texas House Bill HB275

Caption

Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.

Impact

The implications of HB275 are profound for the Texas criminal justice system. By creating a pathway for newly available scientific evidence to potentially overturn wrongful convictions or modify sentences, the bill aims to enhance the integrity of the justice system. It recognizes the evolving nature of scientific knowledge and its importance in ensuring justice. The effective date of this legislation is set for December 1, 2021, which means its provisions will apply only to applications for writs filed after this date. Applicants filing before then will be governed by the previous law, maintaining legal consistency for ongoing cases.

Summary

House Bill 275 (HB275) introduces significant changes to the process for obtaining a writ of habeas corpus in Texas. The bill allows convicted individuals to apply for relief based on new scientific evidence that was unavailable during their original trial. Specifically, the measure mandates that such evidence must be admissible under the Texas Rules of Evidence and that its availability must not have been ascertainable through reasonable diligence before or during the trial. Furthermore, the court must find that had this evidence been considered, it could have led to a different verdict or sentence.

Sentiment

The overall sentiment surrounding HB275 appears to be largely supportive, especially among advocacy groups focused on justice reform and preventing wrongful convictions. Lawmakers expressed a strong desire to ensure that the legal framework accommodates advancements in scientific evidence, which can address potential miscarriages of justice. However, some concerns were raised regarding the implications of reopening decisions after convictions, emphasizing the need for a careful balance between justice and the finality of legal outcomes. These discussions suggest a recognition of the bill's potential benefits alongside caution regarding its implementation.

Contention

Although HB275 generally enjoys broad support, there are points of contention regarding its execution, particularly around maintaining the integrity of the judicial system. Critics worry that allowing for more post-conviction challenges could lead to an influx of applications, potentially burdening the court system and complicating legal processes. Additionally, there are concerns that not all newly discovered scientific evidence should automatically warrant reevaluation of cases. Thus, while the bill moves toward supporting justice for those wrongfully convicted, it also sparks necessary discussions about the balance between individual rights and the efficiency of the legal system.

Companion Bills

No companion bills found.

Previously Filed As

TX HB205

Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.

TX HB286

Relating to the procedure for an application for a writ of habeas corpus based on certain new evidence.

TX SB1516

Relating to the procedures for an application for a writ of habeas corpus and the issuance of the writ.

TX HB3871

Relating to the procedures for an application for a writ of habeas corpus and the issuance of the writ.

TX HB1908

Relating to the procedure for an application for a writ of habeas corpus filed in certain felony cases.

TX SB685

Relating to the procedure for an application for a writ of habeas corpus filed in certain felony cases.

TX HB352

Relating to the representation of certain indigent applicants for a writ of habeas corpus.

TX HB247

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

TX SB141

Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

Similar Bills

No similar bills found.