Bill Text: TX HB1908 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the procedure for an application for a writ of habeas corpus filed in certain felony cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-04-04 - Referred directly to subcommittee by chair [HB1908 Detail]

Download: Texas-2023-HB1908-Introduced.html

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88R4787 JSC-D
By: Anchía H.B. No. 1908

A BILL TO BE ENTITLED
AN ACT
relating to the procedure for an application for a writ of habeas
corpus filed in certain felony cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(b), Article 11.07, Code of Criminal
Procedure, is amended to read as follows:
(b) An application for writ of habeas corpus filed after
final conviction in a felony case, other than a case in which the
death penalty is imposed, must be filed with the clerk of the court
in which the conviction being challenged was obtained, and the
clerk shall assign the application to that court. When the
application is received by that court, a writ of habeas corpus,
returnable to the Court of Criminal Appeals, shall issue by
operation of law. The clerk of that court shall make appropriate
notation thereof, assign to the case a file number (ancillary to
that of the conviction being challenged), and forward a copy of the
application by certified mail, return receipt requested, by
[secure] electronic mail, or by personal service to the attorney
representing the state in that court, who shall answer the
application not later than the 30th day after the date the copy of
the application is received. Matters alleged in the application
not admitted by the state are deemed denied.
SECTION 2. Section 3(b), 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, 2023.