Bill Text: TX HB352 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the representation of certain indigent applicants for a writ of habeas corpus.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed - Dead) 2023-04-26 - Received from the House [HB352 Detail]

Download: Texas-2023-HB352-Engrossed.html

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88R280 MAW-F
By: González of Dallas, Smith, Moody, Leach, H.B. No. 352
Bowers, et al.

A BILL TO BE ENTITLED
AN ACT
relating to the representation of certain indigent applicants for a
writ of habeas corpus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 11.074, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) If at any time the state represents to the convicting
court that an eligible indigent defendant under Article 1.051 has
under a writ of habeas corpus a potentially meritorious claim for
relief from a judgment described by Subsection (a) [who was
sentenced or had a sentence suspended is not guilty, is guilty of
only a lesser offense, or was convicted or sentenced under a law
that has been found unconstitutional by the court of criminal
appeals or the United States Supreme Court], the court shall
appoint an attorney to investigate the claim and represent the
indigent defendant for purposes of filing an application for a writ
of habeas corpus, if an application has not been filed, or to
otherwise represent the indigent defendant in a proceeding based on
the application for the writ.
(b-1) For purposes of Subsection (b), a potentially
meritorious claim is any claim the court determines is likely to
provide relief, including a claim that the defendant:
(1) is or may be actually innocent of the offense;
(2) is or may be guilty of only a lesser offense;
(3) was or may have been convicted or sentenced under a
law that has been found unconstitutional by the court of criminal
appeals or the United States Supreme Court; or
(4) was or may have been convicted or sentenced in
violation of the constitution of this state or the United States.
SECTION 2. The change in law made by this Act relating to
the application of writ of habeas corpus applies regardless of
whether the offense for which the applicant is in custody was
committed before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.