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TX HB115

Bill

Status

Engrossed

5/15/2025

Primary Sponsor

David Cook

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Expands right to appointed counsel for indigent defendants in habeas corpus proceedings when raising claims based on new or changed scientific evidence under Article 11.073

  • Requires the Court of Criminal Appeals to issue a written decision addressing the merits when denying relief on claims involving scientific evidence, rather than dismissing without explanation

  • Lowers the standard for granting habeas relief based on scientific evidence from "preponderance of evidence the person would not have been convicted" to "reasonable likelihood the evidence could have affected the conviction or sentence"

  • Creates a new writ procedure allowing licensed attorneys to petition district courts to obtain documents relevant to preparing a postconviction habeas corpus application on behalf of a client

  • Allows the Court of Criminal Appeals to consider subsequent habeas applications in capital cases that would otherwise be barred if "justice requires" consideration, providing greater flexibility in death penalty cases

Legislative Description

Relating to postconviction applications for a writ of habeas corpus.

Criminal Procedure

Last Action

Received from the House

5/15/2025

Committee Referrals

Criminal Jurisprudence3/14/2025

Full Bill Text

No bill text available