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Relating to an application for a writ of habeas corpus based on certain relevant scientific evidence that was not available at the applicant's trial.
No significant fiscal implication to the State is anticipated.
HB 275 would allow a court to grant an application for a writ of habeas corpus if they find by a preponderance of the evidence that had newly emerged scientific evidence been available during trial, the defendant would have received a different punishment.
Texas Action supports HB 275 because it would create a new post-conviction option for the wrongfully incarcerated to regain their liberty. Currently, state law only allows relief to an applicant for a writ of habeas corpus if new scientific evidence, had it been available during the applicant’s trial, would not have resulted in a conviction. HB 275 would allow those who received a significantly harsher conviction and sentence than required to gain relief.