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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for an application for a writ of habeas |
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corpus filed in certain felony cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3(b), Article 11.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) An application for writ of habeas corpus filed after |
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final conviction in a felony case, other than a case in which the |
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death penalty is imposed, must be filed with the clerk of the court |
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in which the conviction being challenged was obtained, and the |
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clerk shall assign the application to that court. When the |
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application is received by that court, a writ of habeas corpus, |
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returnable to the Court of Criminal Appeals, shall issue by |
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operation of law. The clerk of that court shall make appropriate |
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notation thereof, assign to the case a file number (ancillary to |
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that of the conviction being challenged), and forward a copy of the |
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application by certified mail, return receipt requested, by |
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[secure] electronic mail, or by personal service to the attorney |
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representing the state in that court, who shall answer the |
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application not later than the 30th day after the date the copy of |
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the application is received. Matters alleged in the application |
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not admitted by the state are deemed denied. |
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SECTION 2. Section 3(b), Article 11.07, Code of Criminal |
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Procedure, as amended by this Act, applies only to an application |
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for a writ of habeas corpus filed on or after the effective date of |
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this Act. An application filed before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |