85R9275 SMT-F By: Alonzo H.B. No. 3617 A BILL TO BE ENTITLED AN ACT relating to the deadline for filing an application for a writ of habeas corpus in a death penalty case. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 4(a) and (b), Article 11.071, Code of Criminal Procedure, are amended to read as follows: (a) An application for a writ of habeas corpus, returnable to the court of criminal appeals, must be filed in the convicting court not later than the [180th day after the date the convicting court appoints counsel under Section 2 or not later than the] 45th day after the date the court of criminal appeals issues its decision [state's original brief is filed] on direct appeal [with the court of criminal appeals, whichever date is later]. (b) The convicting court, before the filing date described by [that is applicable to the applicant under] Subsection (a), may for good cause shown and after notice and an opportunity to be heard by the attorney representing the state grant one 90-day extension that begins on the filing date [applicable to the defendant] under Subsection (a). Either party may request that the court hold a hearing on the request. If the convicting court finds that the applicant cannot establish good cause justifying the requested extension, the court shall make a finding stating that fact and deny the request for the extension. SECTION 2. The change in law made by this Act applies only to an application for a writ of habeas corpus that is: (1) pending on the effective date of this Act, regardless of when the application was filed; or (2) filed on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2017.