| 1 | 1 | | 87R1461 MAW-F |
|---|
| 2 | 2 | | By: West S.B. No. 1866 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the consideration of a subsequent writ of habeas corpus |
|---|
| 8 | 8 | | in certain felony cases. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 4, Article 11.07, Code of Criminal |
|---|
| 11 | 11 | | Procedure, is amended by amending Subsection (a) and adding |
|---|
| 12 | 12 | | Subsection (d) to read as follows: |
|---|
| 13 | 13 | | (a) If a subsequent application for writ of habeas corpus is |
|---|
| 14 | 14 | | filed after final disposition of an initial application challenging |
|---|
| 15 | 15 | | the same conviction, a court may not consider the merits of or grant |
|---|
| 16 | 16 | | relief based on the subsequent application unless [the application |
|---|
| 17 | 17 | | contains sufficient specific facts establishing that]: |
|---|
| 18 | 18 | | (1) the application contains sufficient specific |
|---|
| 19 | 19 | | facts establishing that the current claims and issues have not been |
|---|
| 20 | 20 | | and could not have been presented previously in an original |
|---|
| 21 | 21 | | application or in a previously considered application filed under |
|---|
| 22 | 22 | | this article because the factual or legal basis for the claim was |
|---|
| 23 | 23 | | unavailable on the date the applicant filed the previous |
|---|
| 24 | 24 | | application; [or] |
|---|
| 25 | 25 | | (2) the application contains sufficient specific |
|---|
| 26 | 26 | | facts establishing that by a preponderance of the evidence, but for |
|---|
| 27 | 27 | | a violation of the United States Constitution no rational juror |
|---|
| 28 | 28 | | could have found the applicant guilty beyond a reasonable doubt; or |
|---|
| 29 | 29 | | (3) the attorney representing the state having primary |
|---|
| 30 | 30 | | responsibility for the prosecution of similar cases in the |
|---|
| 31 | 31 | | jurisdiction consents in writing to the court's consideration of |
|---|
| 32 | 32 | | and ruling on the merits of the application. |
|---|
| 33 | 33 | | (d) In this section, "attorney representing the state" |
|---|
| 34 | 34 | | means a district attorney, a criminal district attorney, or a |
|---|
| 35 | 35 | | county attorney with criminal jurisdiction. The term does not |
|---|
| 36 | 36 | | include an assistant prosecuting attorney. |
|---|
| 37 | 37 | | SECTION 2. Section 4(a), Article 11.07, Code of Criminal |
|---|
| 38 | 38 | | Procedure, as amended by this Act, applies only to an application |
|---|
| 39 | 39 | | for a writ of habeas corpus filed on or after the effective date of |
|---|
| 40 | 40 | | this Act. An application filed before the effective date of this |
|---|
| 41 | 41 | | Act is governed by the law in effect on the date the application was |
|---|
| 42 | 42 | | filed, and the former law is continued in effect for that purpose. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|