HB864 - Relating to the procedure for an application for a writ of habeas corpus based on certain new evidence.

  89R5520 MCF-F     By: Thompson H.B. No. 864       A BILL TO BE ENTITLED   AN ACT   relating to the procedure for an application for a writ of habeas   corpus based on certain new evidence.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 11, Code of Criminal Procedure, is   amended by adding Article 11.0732 to read as follows:           Art.   11.0732.     PROCEDURE RELATED TO CERTAIN NEW EVIDENCE.   (a) This article applies to evidence, other than evidence   described by Article 11.073(a), that:                 (1)     was not available to be offered by a convicted   person at the person's trial; and                 (2)  is material to the person's conviction.           (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)     evidence described by Subsection (a) is   currently available and was not available at the time of the   person's trial because the evidence was not ascertainable through   the exercise of reasonable diligence by the person before the date   of or during the person's trial; and                       (B)     the 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 evidence   been presented at trial, 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, 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 evidence described by Subsection (a) 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 2.  The change in law made by this Act applies 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 3.  This Act takes effect September 1, 2025.