Bill Text: TX HB247 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-15 - Referred to State Affairs [HB247 Detail]
Download: Texas-2023-HB247-Introduced.html
Bill Title: Relating to the consideration of a subsequent writ of habeas corpus in certain felony cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-15 - Referred to State Affairs [HB247 Detail]
Download: Texas-2023-HB247-Introduced.html
88R343 MAW-F | ||
By: Thompson of Harris | H.B. No. 247 |
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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 [ |
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(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; [ |
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(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, 2023. |