The bill amends Article 11.074 of the Code of Criminal Procedure to enhance the representation of certain indigent defendants seeking a writ of habeas corpus. It specifies that if the state indicates to the convicting court that an eligible indigent defendant has a potentially meritorious claim for relief, the court is required to appoint an attorney to investigate the claim and represent the defendant. The bill introduces a new definition of a "potentially meritorious claim," which includes claims of actual innocence, claims of guilt for a lesser offense, and claims related to unconstitutional convictions or sentences.
Additionally, the bill removes previous language that limited the circumstances under which a defendant could be considered for representation, broadening the scope of claims that can be investigated. The changes apply to defendants in custody on or after the effective date of the Act, which is set for September 1, 2025. This legislation aims to ensure that indigent defendants have adequate legal representation when pursuing potentially valid claims for relief from their convictions.