Bill Text: TX HB3617 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the deadline for filing an application for a writ of habeas corpus in a death penalty case.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-30 - Referred to Criminal Jurisprudence [HB3617 Detail]

Download: Texas-2017-HB3617-Introduced.html

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85R9275 SMT-F
By: Alonzo H.B. No. 3617

A BILL TO BE ENTITLED
AN ACT
relating to the deadline for filing an application for a writ of
habeas corpus in a death penalty case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 4(a) and (b), Article 11.071, Code of
Criminal Procedure, are amended to read as follows:
(a) An application for a writ of habeas corpus, returnable
to the court of criminal appeals, must be filed in the convicting
court not later than the [180th day after the date the convicting
court appoints counsel under Section 2 or not later than the] 45th
day after the date the court of criminal appeals issues its decision
[state's original brief is filed] on direct appeal [with the court
of criminal appeals, whichever date is later].
(b) The convicting court, before the filing date described
by [that is applicable to the applicant under] Subsection (a), may
for good cause shown and after notice and an opportunity to be heard
by the attorney representing the state grant one 90-day extension
that begins on the filing date [applicable to the defendant] under
Subsection (a). Either party may request that the court hold a
hearing on the request. If the convicting court finds that the
applicant cannot establish good cause justifying the requested
extension, the court shall make a finding stating that fact and deny
the request for the extension.
SECTION 2. The change in law made by this Act applies only
to an application for a writ of habeas corpus that is:
(1) pending on the effective date of this Act,
regardless of when the application was filed; or
(2) filed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.