Bill > HB115

This bill makes several important changes to Texas criminal procedure regarding postconviction habeas corpus applications. The bill modifies existing laws to expand defendants' rights in seeking postconviction relief, particularly in cases involving scientific evidence. Key provisions include allowing courts to appoint attorneys for indigent defendants in habeas corpus proceedings involving scientific evidence claims, requiring the Court of Criminal Appeals to provide written decisions addressing claims under Article 11.073, and creating a new mechanism for attorneys to obtain relevant documents when preparing habeas corpus applications. The bill also provides more flexibility for subsequent habeas corpus applications by allowing the Court of Criminal Appeals to consider applications that do not meet typical requirements if the court finds that justice demands such consideration. Additionally, the bill introduces a new legal process where attorneys can file a writ in district court specifically to obtain documents necessary for filing a habeas corpus application. These changes aim to strengthen defendants' ability to challenge convictions based on new or previously unavailable scientific evidence, while providing clearer procedural guidelines for postconviction relief. The bill will take effect on December 1, 2025, and will apply only to habeas corpus applications filed on or after that date.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB115