HB 1291
AN ACT relating to the consideration of a subsequent writ of habeas corpus
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
This Texas bill modifies the rules for filing subsequent habeas corpus writs in criminal cases, making it more difficult for inmates to challenge their convictions after an initial application. Specifically, a court can only consider a subsequent writ if: (1) new factual or legal evidence was unavailable during previous applications, (2) there's evidence that a constitutional violation means no rational juror would have found the defendant guilty, or (3) the primary prosecuting attorney in the jurisdiction consents in writing. The bill applies to habeas corpus applications filed on or after September 1, 2025, and aims to limit repeated legal challenges to criminal convictions.
Subject Areas
Bill Text
relating to the consideration of a subsequent writ of habeas corpus BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 4, Article 11.07, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) If a subsequent application for writ of habeas corpus is filed after final disposition of an initial application challenging the same conviction, a court may not consider the merits of or grant relief based on the subsequent application unless [the application contains sufficient specific facts establishing that]: (1) the application contains sufficient specific facts establishing that the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application filed under this article because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous (2) the application contains sufficient specific facts establishing by a preponderance of the evidence that, but for a violation of the United States Constitution, no rational juror could have found the applicant guilty beyond a reasonable doubt; or (3) the attorney representing the state having primary responsibility for the prosecution of similar cases in the jurisdiction consents in writing to the court's consideration of and ruling on the merits of the application. (d) In this section, "attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction. The term does not include an assistant prosecuting attorney. SECTION 2. Section 4(a), Article 11.07, Code of Criminal Procedure, as amended 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 filed before the effective date of this Act is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the consideration of a subsequent writ of habeas corpus
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