Tex. Code of Crim. Proc. Article 11.073
Procedure Related to Certain Scientific Evidence


(a)

This article applies to relevant scientific evidence that:

(1)

was not available to be offered by a convicted person at the convicted person’s trial; or

(2)

contradicts scientific evidence relied on by the state at trial.

(b)

A court may grant a convicted person relief on an application for a writ of habeas corpus if:

(1)

the convicted person files an application, in the manner provided by Article 11.07 (Procedure After Conviction Without Death Penalty), 11.071 (Procedure in Death Penalty Case), or 11.072, containing specific facts indicating that:

(A)

relevant scientific evidence is currently available and was not available at the time of the convicted person’s trial because the evidence was not ascertainable through the exercise of reasonable diligence by the convicted person before the date of or during the convicted person’s trial; and

(B)

the scientific evidence would be admissible under the Texas Rules of Evidence at a trial held on the date of the application; and

(2)

the court makes the findings described by Subdivisions (1)(A) and (B) and also finds that, had the scientific evidence been presented at trial, on the preponderance of the evidence the person would not have been convicted.

(c)

For purposes of Section 4(a)(1), Article 11.07 (Procedure After Conviction Without Death Penalty), Section 5(a)(1), Article 11.071 (Procedure in Death Penalty Case), and Section 9(a), Article 11.072, a claim or issue could not have been presented previously in an original application or in a previously considered application if the claim or issue is based on relevant scientific evidence that was not ascertainable through the exercise of reasonable diligence by the convicted person on or before the date on which the original application or a previously considered application, as applicable, was filed.

(d)

In making a finding as to whether relevant scientific evidence was not ascertainable through the exercise of reasonable diligence on or before a specific date, the court shall consider whether the field of scientific knowledge, a testifying expert’s scientific knowledge, or a scientific method on which the relevant scientific evidence is based has changed since:

(1)

the applicable trial date or dates, for a determination made with respect to an original application; or

(2)

the date on which the original application or a previously considered application, as applicable, was filed, for a determination made with respect to a subsequent application.
Added by Acts 2013, 83rd Leg., R.S., Ch. 410 (S.B. 344), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1263 (H.B. 3724), Sec. 1, eff. September 1, 2015.

Source: Article 11.073 — Procedure Related to Certain Scientific Evidence, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­11.­htm#11.­073 (accessed Mar. 23, 2024).

11.01
What Writ Is
11.02
To Whom Directed
11.03
Want of Form
11.04
Construction
11.05
By Whom Writ May Be Issued
11.06
Where Writ Is Returnable in Cases Not Involving Felony Conviction
11.07
Procedure After Conviction Without Death Penalty
11.08
Applicant Accused of Felony
11.09
Applicant Accused or Convicted of Misdemeanor
11.10
Proceedings Under the Writ
11.11
Early Hearing
11.12
Who May Present Application
11.13
Applicant and Petitioner
11.14
Application Requirements
11.15
Writ Issued Without Delay
11.16
Writ May Issue Without Application
11.17
Judge May Issue Warrant of Arrest
11.18
May Arrest Detainer
11.19
Proceedings Under the Warrant
11.20
Officer Executing Warrant
11.21
Constructive Custody
11.22
Restraint
11.23
Scope of Writ
11.24
One Committed in Default of Bail
11.25
Person Afflicted with Disease
11.26
Who May Serve Writ
11.27
How Writ May Be Served and Returned
11.28
Return Under Oath
11.29
Must Make Return
11.30
How Return Is Made
11.31
Applicant Brought Before Judge
11.32
Custody Pending Examination
11.33
Court Shall Allow Time
11.34
Disobeying Writ
11.35
Further Penalty for Disobeying Writ
11.36
Applicant May Be Brought Before Court
11.38
When a Prisoner Dies
11.39
Who Shall Represent the State
11.40
Prisoner Discharged
11.41
Where Party Is Indicted for Capital Offense
11.42
If Court Has No Jurisdiction
11.43
Presumption of Innocence
11.44
Action of Court Upon Examination
11.45
Void or Informal
11.46
If Proof Shows Offense
11.47
May Summon Magistrate
11.48
Written Issue Not Necessary
11.49
Order of Argument
11.50
Costs
11.51
Record of Proceedings
11.52
Proceedings Had in Vacation
11.53
Construing the Two Preceding Articles
11.54
Court May Grant Necessary Orders
11.55
Meaning of “Return”
11.56
Effect of Discharge Before Indictment
11.57
Writ After Indictment
11.58
Person Committed for a Capital Offense
11.59
Obtaining Writ a Second Time
11.60
Refusing to Execute Writ
11.61
Refusal to Obey Writ
11.62
Refusal to Give Copy of Process
11.63
Held Under Federal Authority
11.64
Application of Chapter
11.65
Bond for Certain Applicants
11.071
Procedure in Death Penalty Case
11.073
Procedure Related to Certain Scientific Evidence
11.074
Court-appointed Representation Required in Certain Cases
11.0731
Procedures Related to Certain Previously Tested Evidence

Accessed:
Mar. 23, 2024

Art. 11.073’s source at texas​.gov