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TX HB444

Bill

Status

Introduced

11/12/2024

Primary Sponsor

Joseph Moody

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Expands eligibility for habeas corpus relief based on scientific evidence that was not "reasonably available" at trial or that "contradicts or tends to negate" scientific evidence used by the prosecution

  • Lowers the standard for granting relief from "preponderance of the evidence" to a "reasonable likelihood" that the scientific evidence could have affected the conviction or punishment

  • Entitles indigent defendants to court-appointed counsel when raising claims under Article 11.073 (junk science writ), rather than leaving appointment to judicial discretion

  • Requires the Court of Criminal Appeals to issue a written decision addressing the substance of any Article 11.073 claim before denying relief

  • Limits procedural bars on successive habeas applications to only apply when a junk science claim was previously presented by an attorney, effective December 1, 2025

Legislative Description

Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.

Criminal Procedure

Last Action

Referred to Criminal Jurisprudence

2/28/2025

Committee Referrals

Criminal Jurisprudence2/28/2025

Full Bill Text

No bill text available