bill giving death penalty defendants more time on habeas filings

The text as introduced · 570 words

90R4133 JSC-D

By: Moody
H.B. No. 578

A BILL TO BE ENTITLED

AN ACT

relating to procedures for initial and subsequent applications for

writs of habeas corpus in death penalty cases.

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

SECTION 1. Section 4(b), Article 11.071, Code of Criminal

Procedure, is amended to read as follows:

(b) The convicting court, before the filing date that is

applicable to the applicant under Subsection (a), may for good

cause shown and after notice and an opportunity to be heard by the

attorney representing the state grant an initial [ one ] 90-day

extension that begins on the filing date applicable to the

defendant under Subsection (a). The court may for good cause shown

and after notice and an opportunity to be heard by the attorney

representing the state grant a subsequent 90-day extension,

provided that each subsequent extension is requested before the

preceding extension expires. Either party may request that the

court hold a hearing on a [ the ] request for an initial or subsequent

extension . If the convicting court finds that the applicant cannot

establish good cause justifying the requested extension, the court

shall make a finding stating that fact and deny the request for the

extension.

SECTION 2. Section 5(a), Article 11.071, Code of Criminal

Procedure, is amended to read as follows:

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

is filed after final disposition of [ filing ] an initial application

or if an application for a writ of habeas corpus is considered to be

a subsequent application under Subsection (f) , 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 current claims and issues have not been and

could not have been presented previously in a timely initial

application or in a previously considered application filed under

this article or Article 11.07 because the factual or legal basis for

the claim was unavailable on the date the applicant filed the

previous application;

(2) by a preponderance of the evidence, but for a

violation of the United States Constitution no rational juror could

have found the applicant guilty beyond a reasonable doubt; or

(3) by clear and convincing evidence, but for a

violation of the United States Constitution no rational juror would

have answered in the state's favor one or more of the special issues

that were submitted to the jury in the applicant's trial under

Article 37.071, 37.0711, or 37.072.

SECTION 3. Section 4(b), Article 11.071, Code of Criminal

Procedure, as amended by this Act, applies only to an application

for a writ of habeas corpus for which filing is not untimely under

Section 4(a), Article 11.071, Code of Criminal Procedure, or, if

applicable, Section 4(b) of that article, as amended by this Act, on

or after the effective date of this Act.

SECTION 4. Section 5(a), Article 11.071, 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 5. This Act takes effect September 1, 2027.