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Relating to the procedure for an application for a writ of habeas corpus based on certain new evidence.
No significant fiscal implication to the State is anticipated.
HB 225 would permit a court to approve an inmate’s application for a writ of habeas corpus if the application details that evidence material to their conviction not available to them at the time of their trial has become available and the court finds by a preponderance of the evidence that the inmate would not have been convicted if that evidence had been available at their trial.
Texas Action supports HB 225 because it would provide a tool for those wrongfully convicted to regain their liberty. Individuals should not be held in prison when credible new evidence emerges that would have prevented their conviction. HB 225 would create a process by which a court could carefully determine the integrity of a prior conviction.