Bill Text: TX HB444 | 2025-2026 | 89th Legislature | Introduced

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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: (Introduced) 2024-11-12 - Filed [HB444 Detail]

Download: Texas-2025-HB444-Introduced.html

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By: Moody H.B. No. 444

A BILL TO BE ENTITLED
AN ACT
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 1.051(d), Code of Criminal Procedure, is
amended to read as follows:
(d) An eligible indigent defendant is entitled to have the
trial court appoint an attorney to represent him in the following
appellate and postconviction habeas corpus matters:
(1) an appeal to a court of appeals;
(2) an appeal to the Court of Criminal Appeals if the appeal
is made directly from the trial court or if a petition for
discretionary review has been granted;
(3) a habeas corpus proceeding if the court concludes that
the interests of justice require representation or the defendant
raises a claim under Article 11.073; and
(4) any other appellate proceeding if the court concludes
that the interests of justice require representation.
SECTION 2. Article 11.07, Sec. 5, Code of Criminal
Procedure, is amended to read as follows:
Sec. 5. The Court of Criminal Appeals may deny relief upon
the findings and conclusions of the hearing judge without docketing
the cause, or may direct that the cause be docketed and heard as
though originally presented to said court or as an appeal. Upon
reviewing the record the court shall enter its judgment remanding
the applicant to custody or ordering his release, as the law and
facts may justify. The mandate of the court shall issue to the court
issuing the writ, as in other criminal cases. After conviction the
procedure outlined in this Act shall be exclusive and any other
proceeding shall be void and of no force and effect in discharging
the prisoner. The court may not deny relief under Article 11.073
except by written decision addressing the substance of the claim.
SECTION 3. Article 11.073(a)-(c), Code of Criminal
Procedure, are amended to read as follows:
(a) This article applies to relevant scientific evidence
that:
(1) was not reasonably available to be offered by a
convicted person at the convicted person's trial; or
(2) contradicts or tends to negate scientific evidence
relied on by the state at trial.
(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] there is a reasonable likelihood the scientific evidence
could have affected the person's conviction or the punishment the
person received.
(c) [For purposes of] Section 4(a), Article 11.07, Section
5(a), Article 11.071, and Section 9(a), Article 11.072, only apply
to a claim under this article if the claim has been presented
previously in an application filed by an attorney [a claim or issue
could not have been presented previously in an original application
or in a previously considered application if the claim or issue is
based on relevant scientific evidence that was not ascertainable
through the exercise of reasonable diligence by the convicted
person on or before the date on which the original application or a
previously considered application, as applicable, was filed].
SECTION 4. The changes in law made by the Act apply 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 5. This Act takes effect December 1, 2025.