| 1 | 1 | | 88R4787 JSC-D |
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| 2 | 2 | | By: AnchÃa H.B. No. 1908 |
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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 filed in certain felony cases. |
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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. Section 3(b), Article 11.07, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | (b) An application for writ of habeas corpus filed after |
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| 13 | 13 | | final conviction in a felony case, other than a case in which the |
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| 14 | 14 | | death penalty is imposed, must be filed with the clerk of the court |
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| 15 | 15 | | in which the conviction being challenged was obtained, and the |
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| 16 | 16 | | clerk shall assign the application to that court. When the |
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| 17 | 17 | | application is received by that court, a writ of habeas corpus, |
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| 18 | 18 | | returnable to the Court of Criminal Appeals, shall issue by |
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| 19 | 19 | | operation of law. The clerk of that court shall make appropriate |
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| 20 | 20 | | notation thereof, assign to the case a file number (ancillary to |
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| 21 | 21 | | that of the conviction being challenged), and forward a copy of the |
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| 22 | 22 | | application by certified mail, return receipt requested, by |
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| 23 | 23 | | [secure] electronic mail, or by personal service to the attorney |
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| 24 | 24 | | representing the state in that court, who shall answer the |
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| 25 | 25 | | application not later than the 30th day after the date the copy of |
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| 26 | 26 | | the application is received. Matters alleged in the application |
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| 27 | 27 | | not admitted by the state are deemed denied. |
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| 28 | 28 | | SECTION 2. Section 3(b), Article 11.07, Code of Criminal |
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| 29 | 29 | | Procedure, as amended by this Act, applies only to an application |
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| 30 | 30 | | for a writ of habeas corpus filed on or after the effective date of |
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| 31 | 31 | | this Act. An application filed before the effective date of this |
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| 32 | 32 | | Act is governed by the law in effect on the date the application was |
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| 33 | 33 | | filed, and the former law is continued in effect for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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