Bill Text: TX HB205 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-04-12 - Received from the House [HB205 Detail]
Download: Texas-2023-HB205-Engrossed.html
| 88R11979 AJZ-D | ||
| By: Moody | H.B. No. 205 | |
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| relating to an application for a writ of habeas corpus based on | ||
| certain relevant scientific evidence that was not available at the | ||
| applicant's trial. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 11.073(b), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (b) A court may grant a convicted person relief on an | ||
| application for a writ of habeas corpus if: | ||
| (1) the convicted person files an application, in the | ||
| manner provided by Article 11.07, 11.071, or 11.072, containing | ||
| specific facts indicating that: | ||
| (A) relevant scientific evidence is currently | ||
| available and was not available at the time of the convicted | ||
| person's trial because the evidence was not ascertainable through | ||
| the exercise of reasonable diligence by the convicted person before | ||
| the date of or during the convicted person's trial; and | ||
| (B) the scientific evidence would be admissible | ||
| under the Texas Rules of Evidence at a trial held on the date of the | ||
| application; and | ||
| (2) the court makes the findings described by | ||
| Subdivisions (1)(A) and (B) and also finds that, had the scientific | ||
| evidence been presented at trial, on the preponderance of the | ||
| evidence the person would not have been convicted or would have | ||
| received a different punishment. | ||
| SECTION 2. Article 11.073, 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 when the application was filed, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect December 1, 2023. | ||
