HB444 - 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.

      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.