S.B. No. 1948




AN ACT



relating to the release on bond of certain applicants
for a writ of habeas corpus.


	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:


	SECTION 1.  Chapter 11, Code of Criminal Procedure,
is amended by adding Article 11.65 to read as follows:


	Art. 11.65.  BOND FOR CERTAIN APPLICANTS.  (a)  This
article applies to an applicant for a writ of habeas
corpus seeking relief from the judgment in a criminal
case, other than an applicant seeking relief from a
judgment imposing a penalty of death.


	(b)  On making proposed findings of fact and conclusions
of law jointly stipulated to by the applicant and the
state, or on approving proposed findings of fact and
conclusions of law made by an attorney or magistrate
appointed by the court to perform that duty and jointly
stipulated to by the applicant and the state, the convicting
court may order the release of the applicant on bond,
subject to conditions imposed by the convicting court,
until the applicant is denied relief, remanded to custody,
or ordered released.


	(c)  For the purposes of this chapter, an applicant
released on bond under this article remains restrained
in his liberty.


	(d)  Article 44.04(b) does not apply to the release
of an applicant on bond under this article.


	SECTION 2.  Article 11.65, Code of Criminal Procedure,
as added by this Act, applies to:


		(1)  any applicant who on or after the effective date
of this Act applies for a writ of habeas corpus; and


		(2)  any applicant whose application for a writ of habeas
corpus is pending on the effective date of this Act,
regardless of when the application was filed.


	SECTION 3.  This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III,
Texas Constitution.  If this Act does not receive the
vote necessary for immediate effect, this Act takes
effect September 1, 2003.



______________________________		______________________________




President of the Senate        
    Speaker of the House



	I hereby certify that S.B. No. 1948 passed the Senate
on May 14, 2003, by the following vote:  Yeas 31, Nays
0.




______________________________


    Secretary of the Senate


	I hereby certify that S.B. No. 1948 passed the House
on May 28, 2003, by the following vote:  Yeas 144,
Nays 0, two present not voting.


______________________________


    Chief Clerk of the House


Approved:


______________________________


             Date


______________________________


           Governor