| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to an application for a writ of habeas corpus based on |
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| 9 | 9 | | certain relevant scientific evidence that was not available at the |
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| 10 | 10 | | applicant's trial. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 11.073(b), Code of Criminal Procedure, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | (b) A court may grant a convicted person relief on an |
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| 15 | 15 | | application for a writ of habeas corpus if: |
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| 16 | 16 | | (1) the convicted person files an application, in the |
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| 17 | 17 | | manner provided by Article 11.07, 11.071, or 11.072, containing |
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| 18 | 18 | | specific facts indicating that: |
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| 19 | 19 | | (A) relevant scientific evidence is currently |
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| 20 | 20 | | available and was not available at the time of the convicted |
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| 21 | 21 | | person's trial because the evidence was not ascertainable through |
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| 22 | 22 | | the exercise of reasonable diligence by the convicted person before |
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| 23 | 23 | | the date of or during the convicted person's trial; and |
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| 24 | 24 | | (B) the scientific evidence would be admissible |
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| 25 | 25 | | under the Texas Rules of Evidence at a trial held on the date of the |
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| 26 | 26 | | application; and |
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| 27 | 27 | | (2) the court makes the findings described by |
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| 28 | 28 | | Subdivisions (1)(A) and (B) and also finds that, had the scientific |
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| 29 | 29 | | evidence been presented at trial, on the preponderance of the |
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| 30 | 30 | | evidence the person would not have been convicted or would have |
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| 31 | 31 | | received a different punishment. |
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| 32 | 32 | | SECTION 2. Article 11.073, Code of Criminal Procedure, as |
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| 33 | 33 | | amended by this Act, applies only to an application for a writ of |
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| 34 | 34 | | habeas corpus filed on or after the effective date of this Act. An |
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| 35 | 35 | | application filed before the effective date of this Act is governed |
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| 36 | 36 | | by the law in effect when the application was filed, and the former |
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| 37 | 37 | | law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect December 1, 2021. |
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