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A BILL TO BE ENTITLED
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AN ACT
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relating to the deadline for filing an application for a writ of |
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habeas corpus in a death penalty case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 4(a) and (b), Article 11.071, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) An application for a writ of habeas corpus, returnable |
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to the court of criminal appeals, must be filed in the convicting |
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court not later than the [180th day after the date the convicting
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court appoints counsel under Section 2 or not later than the] 45th |
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day after the date the court of criminal appeals issues its decision |
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[state's original brief is filed] on direct appeal [with the court
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of criminal appeals, whichever date is later]. |
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(b) The convicting court, before the filing date described |
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by [that is applicable to the applicant under] Subsection (a), may |
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for good cause shown and after notice and an opportunity to be heard |
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by the attorney representing the state grant one 90-day extension |
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that begins on the filing date [applicable to the defendant] under |
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Subsection (a). Either party may request that the court hold a |
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hearing on the request. If the convicting court finds that the |
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applicant cannot establish good cause justifying the requested |
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extension, the court shall make a finding stating that fact and deny |
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the request for the extension. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a writ of habeas corpus that is: |
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(1) pending on the effective date of this Act, |
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regardless of when the application was filed; or |
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(2) filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |