bill letting prosecutors consent to a later habeas challenge

The text as introduced · 363 words

89R5522 MCF-F

By: Thompson
H.B. No. 1291

A BILL TO BE ENTITLED

AN ACT

relating to the consideration of a subsequent writ of habeas corpus

in certain felony cases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 4, Article 11.07, Code of Criminal

Procedure, is amended by amending Subsection (a) and adding

Subsection (d) to read as follows:

(a) If a subsequent application for writ of habeas corpus is

filed after final disposition of an initial application challenging

the same conviction, a court may not consider the merits of or grant

relief based on the subsequent application unless [ the application

contains sufficient specific facts establishing that ]:

(1) the application contains sufficient specific

facts establishing that the current claims and issues have not been

and could not have been presented previously in an original

application or in a previously considered application filed under

this article because the factual or legal basis for the claim was

unavailable on the date the applicant filed the previous

application; [ or ]

(2) the application contains sufficient specific

facts establishing by a preponderance of the evidence that , but for

a violation of the United States Constitution , no rational juror

could have found the applicant guilty beyond a reasonable doubt ; or

(3) the attorney representing the state having primary

responsibility for the prosecution of similar cases in the

jurisdiction consents in writing to the court's consideration of

and ruling on the merits of the application.

(d) In this section, "attorney representing the state"

means a district attorney, a criminal district attorney, or a

county attorney with criminal jurisdiction. The term does not

include an assistant prosecuting attorney .

SECTION 2. Section 4(a), Article 11.07, Code of Criminal

Procedure, as amended 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.