83R4401 MAW-D
 
  By: Whitmire S.B. No. 344
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for an application for a writ of habeas
  corpus based on relevant scientific evidence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 11, Code of Criminal Procedure, is
  amended by adding Article 11.073 to read as follows:
         Art. 11.073.  PROCEDURE RELATED TO CERTAIN SCIENTIFIC
  EVIDENCE. (a) This article applies to relevant scientific evidence
  that:
               (1)  was not available to be offered by a convicted
  person at the convicted person's trial; or
               (2)  discredits scientific evidence relied on by the
  state at trial.
         (b)  A court may grant a convicted person relief on an
  application for a writ of habeas corpus if:
               (1)  the convicted person files an application, in the
  manner provided by Article 11.07, 11.071, or 11.072, containing
  specific facts indicating that:
                     (A)  relevant scientific evidence is currently
  available and was not available at the time of the convicted
  person's trial because the evidence was not ascertainable through
  the exercise of reasonable diligence by the convicted person before
  the date of or during the convicted person's trial; and
                     (B)  the scientific evidence would be admissible
  under the Texas Rules of Evidence at a trial held on the date of the
  application; and
               (2)  the court makes the findings described by
  Subdivisions (1)(A) and (B) and also finds that, had the scientific
  evidence been presented at trial, it is reasonably probable that
  the person would not have been convicted.
         (c)  For purposes of Section 4(a)(1), Article 11.07, Section
  5(a)(1), Article 11.071, and Section 9(a), Article 11.072, a claim
  or issue could not have been presented previously in an original
  application or in a previously considered application if the claim
  or issue is based on relevant scientific evidence that was not
  ascertainable through the exercise of reasonable diligence by the
  convicted person on or before the date on which the original
  application or a previously considered application, as applicable,
  was filed.
         (d)  In making a finding as to whether relevant scientific
  evidence was not ascertainable through the exercise of reasonable
  diligence on or before a specific date, the court shall consider
  whether the scientific knowledge or method on which the relevant
  scientific evidence is based has changed since:
               (1)  the applicable trial date or dates, for a
  determination made with respect to an original application; or
               (2)  the date on which the original application or a
  previously considered application, as applicable, was filed, for a
  determination made with respect to a subsequent application.
         SECTION 2.  The change in law made by this Act applies only
  to an application for a writ of habeas corpus filed on or after the
  effective date of this Act. An application for a writ of habeas
  corpus filed before the effective date of this Act is governed by
  the law in effect at the time the application was filed, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.