Bill > HB864

This bill establishes a new legal procedure for individuals convicted of a crime to seek a writ of habeas corpus (a legal action challenging the legality of imprisonment) based on newly discovered evidence. Specifically, the bill allows a court to grant relief if the convicted person files an application demonstrating that: 1) the new evidence was not available during their original trial and could not have been discovered through reasonable diligence, 2) the evidence would be admissible under Texas Rules of Evidence, and 3) if the evidence had been presented at the original trial, there is a preponderance of evidence suggesting the person would not have been convicted. The bill applies only to evidence that is different from what is already covered under existing law, and it provides a mechanism for introducing previously unavailable evidence that could potentially exonerate a convicted person. The changes will take effect on September 1, 2025, and will only apply to habeas corpus applications filed on or after that date, with previous applications continuing to be governed by the law in effect at the time they were filed.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB864