HB115 - Relating to postconviction applications for a writ of habeas corpus.

  89R17419 JRR-D     By: Cook, Hull, Curry H.B. No. 115       A BILL TO BE ENTITLED   AN ACT   relating to postconviction applications for a writ of habeas   corpus.          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 the defendant [ 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 :                       (A)     the defendant raises a claim governed by   Article 11.073; or                       (B)   the court concludes that the interests of   justice require representation; and                (4)  any other appellate proceeding if the court   concludes that the interests of justice require representation.          SECTION 2.  Section 5, Article 11.07, Code of Criminal   Procedure, is amended to read as follows:          Sec. 5.   (a) Except as provided by Subsection (b), the [ 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 the applicant's [ 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 article [ Act ] shall be   exclusive and any other proceeding shall be void and of no force and   effect in discharging the prisoner.           (b)     The court of criminal appeals may not deny relief on a   claim governed by Article 11.073 except by a written decision   addressing the merits of the claim.          SECTION 3.  Section 5, Article 11.071, Code of Criminal   Procedure, is amended by adding Subsection (g) to read as follows:           (g)     Notwithstanding any other provision of this section,   the court of criminal appeals may consider a subsequent application   that fails to satisfy the requirements of Subsection (a) if the   court finds that justice requires the court to consider the   application. If the court of criminal appeals makes the finding   described by this subsection, the convicting court may take further   action on the application. If the court of criminal appeals does   not make the finding described by this subsection, the court shall   issue an order dismissing the application as an abuse of the writ   under this section.          SECTION 4.  Section 6(b-1), Article 11.071, Code of Criminal   Procedure, is amended to read as follows:          (b-1)  If the convicting court receives notice that the   requirements of Section 5 [ 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, in order of priority:                (1)  the attorney who represented the applicant in the   proceedings under Section 5, if the attorney seeks the appointment;                (2)  the office of capital and forensic writs, if the   office represented the applicant in the proceedings under Section 5   or otherwise accepts the appointment; or                (3)  counsel from a list of competent counsel   maintained by the presiding judges of the administrative judicial   regions under Section 78.056, Government Code, if the office of   capital and forensic writs:                      (A)  did not represent the applicant as described   by Subdivision (2); or                      (B)  does not accept or is prohibited from   accepting the appointment under Section 78.054, Government Code.          SECTION 5.  Article 11.073, Code of Criminal Procedure, is   amended to read as follows:          Art. 11.073.  PROCEDURE RELATED TO CERTAIN SCIENTIFIC   EVIDENCE. (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, there is a reasonable likelihood   the scientific evidence could have affected the person's conviction   or the sentence imposed [ on the preponderance of the evidence the   person would not have been convicted ].          (c)  [ For purposes of ] Section 4(a)(1), Article 11.07,   Section 5(a)(1), Article 11.071, and Section 9(a), Article 11.072,   apply to a claim governed by this article only if the claim has been   previously presented in an application filed by an attorney [ 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 ].          (d)  In making a finding as to whether relevant scientific   evidence was not ascertainable through the exercise of reasonable   diligence [ on or ] before the [ a specific ] date of or during the   convicted person's trial , the court shall consider whether the   field of scientific knowledge, a testifying expert's scientific   knowledge, or a scientific method on which the relevant scientific   evidence is based has changed since [ :                [ (1) ]  the applicable trial date or dates [ , for a   determination made with respect to an original application; or                [ (2)     the date on which the original application or a   previously considered application, as applicable, was filed, for a   determination made with respect to a subsequent application ].          SECTION 6.  Chapter 11, Code of Criminal Procedure, is   amended by adding Article 11.66 to read as follows:           Art.   11.66.     WRIT TO INVOKE DISTRICT COURT JURISDICTION FOR   PURPOSE OF OBTAINING RELEVANT DOCUMENTS FOR POSTCONVICTION WRIT OF   HABEAS CORPUS APPLICATION. (a)   A person may file a writ under this   article in a district court for the purpose of invoking the court's   jurisdiction to obtain documents described by Subsection (b)(2)(B)   related to filing an application for a writ of habeas corpus under   this chapter.           (b)     A person may file a petition for a writ under this   article only if:                 (1)  the person is an attorney licensed in this state;                 (2)  the person affirms in the petition that:                       (A)     the person is seeking to file an application   for a writ of habeas corpus on behalf of an applicant after a final   conviction; and                       (B)     the person cannot in good faith file the   application until the person obtains documents relevant to a ground   for relief in the application; and                 (3)     the person provides the office of the attorney   representing the state in the applicant's case with reasonable   notice of the person's intention to file a petition for a writ under   this article.           (c)     A district court's jurisdiction under this article is   limited only to matters relating to:                 (1)  a petition for a writ under this article; and                 (2)     the issuance of documents requested by the   petition for a writ under this article.          SECTION 7.  Section 24.011, Government Code, is amended to   read as follows:          Sec. 24.011.  WRIT POWER. A judge of a district court may,   either in termtime or vacation, grant a writ [ writs ] of mandamus,   injunction, sequestration, attachment, garnishment, certiorari,   and supersedeas , a writ to issue documents under Article 11.66,   Code of Criminal Procedure, and any [ all ] other writ [ writs ]   necessary to the enforcement of the court's jurisdiction.          SECTION 8.  The changes in law made by this 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 on the   date the application was filed, and the former law is continued in   effect for that purpose.          SECTION 9.  This Act takes effect December 1, 2025.