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TX HB444
Bill
Status
11/12/2024
Primary Sponsor
Joseph Moody
Click for details
AI Summary
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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
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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
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Entitles indigent defendants to court-appointed counsel when raising claims under Article 11.073 (junk science writ), rather than leaving appointment to judicial discretion
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Requires the Court of Criminal Appeals to issue a written decision addressing the substance of any Article 11.073 claim before denying relief
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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