bill easing habeas for new scientific evidence

The text as introduced · 718 words

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.