Bill Text: TX SB1078 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to representation of certain applicants for writs of habeas corpus in cases involving the death penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Criminal Justice [SB1078 Detail]
Download: Texas-2011-SB1078-Introduced.html
| 82R6626 SJM-F | ||
| By: Ellis | S.B. No. 1078 | |
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| relating to representation of certain applicants for writs of | ||
| habeas corpus in cases involving the death penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 6, Article 11.071, Code of Criminal | ||
| Procedure, is amended by adding Subsection (b-1) to read as | ||
| follows: | ||
| (b-1) If the convicting court receives notice that the | ||
| requirements of Section 5(a) for consideration of a subsequent | ||
| application have been met and if the applicant has not elected to | ||
| proceed pro se and is not represented by retained counsel, the | ||
| convicting court shall appoint competent counsel and provide for | ||
| the compensation and reimbursement of expenses of that counsel as | ||
| is provided by Sections 2A and 3, including compensation for time | ||
| previously spent and reimbursement of expenses previously incurred | ||
| and regardless of whether the subsequent application is ultimately | ||
| dismissed. | ||
| SECTION 2. The change in law made by this Act applies to a | ||
| subsequent application for a writ of habeas corpus filed on or after | ||
| January 1, 2012. A subsequent application filed before January 1, | ||
| 2012, is covered 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 September 1, 2011. | ||
