| 1 | 1 | | 87R971 KJE-F |
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| 2 | 2 | | By: Hinojosa, Johnson S.B. No. 1004 |
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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 procedure for an application for a writ of habeas |
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| 8 | 8 | | corpus based on certain new evidence. |
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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. Chapter 11, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 11.0732 to read as follows: |
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| 12 | 12 | | Art. 11.0732. PROCEDURE RELATED TO CERTAIN NEW EVIDENCE. |
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| 13 | 13 | | (a) This article applies to evidence, other than evidence |
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| 14 | 14 | | described by Article 11.073(a), that: |
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| 15 | 15 | | (1) was not available to be offered by a convicted |
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| 16 | 16 | | person at the person's trial; and |
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| 17 | 17 | | (2) is material to the person's conviction. |
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| 18 | 18 | | (b) A court may grant a convicted person relief on an |
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| 19 | 19 | | application for a writ of habeas corpus if: |
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| 20 | 20 | | (1) the convicted person files an application, in the |
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| 21 | 21 | | manner provided by Article 11.07, 11.071, or 11.072, containing |
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| 22 | 22 | | specific facts indicating that: |
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| 23 | 23 | | (A) evidence described by Subsection (a) is |
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| 24 | 24 | | currently available and was not available at the time of the |
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| 25 | 25 | | person's trial because the evidence was not ascertainable through |
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| 26 | 26 | | the exercise of reasonable diligence by the person before the date |
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| 27 | 27 | | of or during the person's trial; and |
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| 28 | 28 | | (B) the evidence would be admissible under the |
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| 29 | 29 | | Texas Rules of Evidence at a trial held on the date of the |
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| 30 | 30 | | application; and |
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| 31 | 31 | | (2) the court makes the findings described by |
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| 32 | 32 | | Subdivisions (1)(A) and (B) and also finds that, had the evidence |
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| 33 | 33 | | been presented at trial, on the preponderance of the evidence the |
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| 34 | 34 | | person would not have been convicted. |
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| 35 | 35 | | (c) For purposes of Section 4(a)(1), Article 11.07, Section |
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| 36 | 36 | | 5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim |
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| 37 | 37 | | or issue could not have been presented previously in an original |
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| 38 | 38 | | application or in a previously considered application if the claim |
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| 39 | 39 | | or issue is based on evidence described by Subsection (a) that was |
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| 40 | 40 | | not ascertainable through the exercise of reasonable diligence by |
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| 41 | 41 | | the convicted person on or before the date on which the original |
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| 42 | 42 | | application or a previously considered application, as applicable, |
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| 43 | 43 | | was filed. |
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| 44 | 44 | | SECTION 2. The change in law made by this Act applies only |
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| 45 | 45 | | to an application for a writ of habeas corpus filed on or after the |
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| 46 | 46 | | effective date of this Act. An application filed before the |
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| 47 | 47 | | effective date of this Act is governed by the law in effect when the |
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| 48 | 48 | | application was filed, and the former law is continued in effect for |
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| 49 | 49 | | that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2021. |
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