Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
  89R544 TSS-F     By: Anchía H.B. No. 2698       A BILL TO BE ENTITLED   AN ACT   relating to the representation of certain indigent applicants for a   writ of habeas corpus.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 11.074, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  If at any time the state represents to the convicting   court that an eligible indigent defendant under Article 1.051 has   under a writ of habeas corpus a potentially meritorious claim for   relief from a judgment described by Subsection (a) [ who was   sentenced or had a sentence suspended is not guilty, is guilty of   only a lesser offense, or was convicted or sentenced under a law   that has been found unconstitutional by the court of criminal   appeals or the United States Supreme Court ], the court shall   appoint an attorney to investigate the claim and represent the   indigent defendant for purposes of filing an application for a writ   of habeas corpus, if an application has not been filed, or to   otherwise represent the indigent defendant in a proceeding based on   the application for the writ.           (b-1)     For purposes of Subsection (b), a potentially   meritorious claim is any claim the court determines is likely to   provide relief, including a claim that the defendant:                 (1)  is or may be actually innocent of the offense;                 (2)  is or may be guilty of only a lesser offense;                 (3)     was or may have been convicted or sentenced under a   law that has been found unconstitutional by the court of criminal   appeals or the United States Supreme Court; or                 (4)     was or may have been convicted or sentenced in   violation of the constitution of this state or the United States.          SECTION 2.  The change in law made by this Act applies to a   defendant in custody on or after the effective date of this Act,   regardless of whether the offense for which the defendant is in   custody was committed before, on, or after the effective date of   this Act.          SECTION 3.  This Act takes effect September 1, 2025.