(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.
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Added by Acts 2003, 78th Leg., ch. 197, Sec. 1, eff. June 2, 2003. |