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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures applicable to an applicant entitled to |
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habeas corpus under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Article 11.07, Code of Criminal |
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Procedure, is amended by adding Subsections (d-1) and (d-2) to read |
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as follows: |
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(d-1) If the convicting court finds the applicant is |
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entitled to relief based on evidence of actual innocence, or if the |
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convicting court finds the applicant is entitled to relief based on |
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findings of fact and conclusions of law stipulated to by the |
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applicant and the attorney representing the state, the convicting |
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court shall: |
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(1) vacate the order convicting the applicant; |
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(2) order the applicant's immediate release from |
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custody; and |
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(3) as applicable, order the applicant's release from |
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other conditions of confinement or supervision imposed as a result |
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of the conviction. |
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(d-2) If the convicting court vacates the order convicting |
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the applicant, as described by Subsection (d-1), the attorney |
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representing the state may file a notice of appeal of the order |
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vacating the conviction order not later than 30 days after the date |
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of the entry of that order. On filing of a notice of appeal, the |
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judgment of the convicting court is stayed, and the court of |
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criminal appeals retains jurisdiction over the writ of habeas |
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corpus and may proceed in the same manner as the court otherwise |
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proceeds under this article. |
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SECTION 2. The changes in law made by this Act relating to |
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the application of writ of habeas corpus apply regardless of |
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whether the offense for which the applicant is in custody was |
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committed before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |