Given to Other Chamber Authored by David Cook (R) View at Source
Caption: Relating to applications for a writ of habeas corpus after conviction. Initially Referred to House Criminal Jurisprudence Committee, chaired by a Republican
HB 115 modifies procedures for postconviction writs of habeas corpus in Texas. It ensures that indigent defendants are entitled to court-appointed counsel for habeas corpus proceedings if the court determines that justice requires representation. It also requires the Texas Court of Criminal Appeals to issue written decisions when denying relief under Article 11.073, ensuring that claims based on newly available scientific evidence receive substantive review. The bill allows the Court of Criminal Appeals to consider subsequent habeas applications that would otherwise be dismissed if justice requires their review. It clarifies that courts may grant relief when new scientific evidence contradicts prior evidence used at trial, and it modifies the burden of proof by requiring only a reasonable likelihood that the new evidence could have affected the outcome. The bill also introduces a new legal mechanism allowing attorneys to petition district courts for access to relevant documents necessary for habeas corpus applications.
Joint authors: Curry (R); Hull (R)
Mar 13, 2025
(H) Cook signed onto the bill as Author (H) Filed
Mar 14, 2025
(H) Read first time (H) Referred to the House Criminal Jurisprudence, chaired by a Republican
Apr 29, 2025
(H) Scheduled for public hearing on . . . (H) Considered in public hearing (H) Committee substitute considered in committee (H) Testimony taken/registration(s) recorded in committee (H) Left pending in committee
May 1, 2025
(H) Considered in formal meeting (H) Committee substitute considered in committee (H) Reported favorably as substituted
May 7, 2025
(H) Comte report filed with Committee Coordinator (H) Committee report distributed
May 8, 2025
(H) Committee report sent to Calendars
May 9, 2025
(H) Considered in Calendars
May 11, 2025
(H) Placed on General State Calendar
May 14, 2025
(H) Curry signed onto the bill as Joint Author (H) Hull signed onto the bill as Joint Author (H) Read 2nd time (H) Passed to engrossment (H) Record vote
RV#2508: Yea 118 (R 65, D 53) - Nay 10 (R 9, D 1) View Source
Cody Vasut: "When Record No. 2508 was taken, I was presiding in the chair and was shown voting present, not voting. I intended to vote no." (view other statements of vote for this Rep)
Please note: the following statements by legislators do not affect the vote count that was recorded.
Cody Vasut: "When Record No. 2625 was taken, I was presiding in the chair and was shown voting present, not voting. I intended to vote no." (view other statements of vote for this Rep)
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(H) Reported engrossed (S) Received from the House
Lobbying Against/For/On This Bill
Against
(Tue 4/29/2025) Registering before H Criminal Jurisprudence as Nicholas Mollberg for self (Tue 4/29/2025) Registering before H Criminal Jurisprudence as Steven Deline for self
For
(Tue 4/29/2025) Testifying before H Criminal Jurisprudence as Amanda Marzullo for self (with Austin Community Law Center) (Tue 4/29/2025) Testifying before H Criminal Jurisprudence as Burke Butler for self (with Texas Defender Service) (Tue 4/29/2025) Testifying before H Criminal Jurisprudence as Chase Baumgartner for Innocence Project of Texas (Tue 4/29/2025) Registering before H Criminal Jurisprudence as Eric Carcerano for self (with Chambers County District Attorney) (Tue 4/29/2025) Registering before H Criminal Jurisprudence as Kathy Mitchell for self (with Equity Action) (Tue 4/29/2025) Registering before H Criminal Jurisprudence as Shannon Jaquette for Texas Catholic Conference of Bishops
