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