Texas Code of Criminal Procedure

§ 11.072 — PROCEDURE IN COMMUNITY SUPERVISION CASE

CR § 11.072Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 11. HABEAS CORPUS

Statute text

Sec. 1. This article establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction ordering community supervision. Sec. 2. (a) An application for a writ of habeas corpus under this article must be filed with the clerk of the court in which community supervision was imposed.

(b)At the time the application is filed, the applicant must be, or have been, on community supervision, and the application must challenge the legal validity of:

(1)the conviction for which or order in which community supervision was imposed; or

(2)the conditions of community supervision. Sec. 3. (a) An application may not be filed under this article if the applicant could obtain the requested relief by means of an appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate Procedure.

(b)An applicant seeking to challenge a particular condition of community supervision but not the legality of the conviction for which or the order in which community supervision was imposed must first attempt to gain relief by filing a motion to amend the conditions of community supervision.

(c)An applicant may challenge a condition of community supervision under this article only on constitutional grounds. Sec. 4. (a) When an application is filed under this article, a writ of habeas corpus issues by operation of law.

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 78 (S.B. 354), Sec. 3, eff. May 18, 2013. Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 8.02, eff. September 1, 2021.