bill adding a new-evidence route to habeas relief

The text as introduced · 409 words

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.