| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a court to grant a motion for a new |
|
|
trial in certain criminal cases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 40, Code of Criminal Procedure, is |
|
|
amended by adding Article 40.002 to read as follows: |
|
|
Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES. |
|
|
(a) Notwithstanding any other law, at any time during the period of |
|
|
a term of imprisonment, a defendant may, with the written consent of |
|
|
the district attorney, criminal district attorney, or county |
|
|
attorney with criminal jurisdiction, file a motion for a new trial |
|
|
with the convicting court. The motion must include an agreed |
|
|
statement of facts for the court to consider. |
|
|
(b) The court may, after a hearing, grant the defendant a |
|
|
new trial in the interest of justice for any of the following |
|
|
reasons: |
|
|
(1) the discovery of exculpatory, mitigating, or |
|
|
impeachment evidence that establishes that the defendant's |
|
|
conviction or sentence is against the weight of the evidence; |
|
|
(2) a change in law that provides a new legal basis for |
|
|
a defense to criminal prosecution for the offense of which the |
|
|
defendant was convicted or a ruling of the United States Supreme |
|
|
Court or the Texas Court of Criminal Appeals that the law under |
|
|
which the defendant was convicted or sentenced is unconstitutional; |
|
|
(3) that material evidence was improperly admitted or |
|
|
withheld from the jury; or |
|
|
(4) that the agreed statement of facts establishes a |
|
|
ground for which a new trial must be granted under the Texas Rules |
|
|
of Appellate Procedure. |
|
|
(b-1) The court may rely on the agreed statement in granting |
|
|
a new trial, and the agreed statement may constitute the entire |
|
|
record in the cause. |
|
|
(c) The rights of appeal provided by Chapter 44 apply to a |
|
|
decision of a court to grant a new trial under this article, except |
|
|
that neither the attorney representing the state nor the defendant |
|
|
is entitled to appeal the court's decision to deny a motion for a |
|
|
new trial. |
|
|
(d) The attorney representing the state may condition the |
|
|
attorney's consent to a motion for a new trial on any appropriate |
|
|
reason, including a requirement that the defendant: |
|
|
(1) plead guilty and accept a specific punishment; |
|
|
(2) waive the defendant's parole eligibility as part |
|
|
of any punishment agreement; or |
|
|
(3) waive the defendant's right to appeal. |
|
|
(e) Until the trial court has granted the motion under this |
|
|
article, the defendant may withdraw the motion or the attorney |
|
|
representing the state may withdraw consent to the motion. If the |
|
|
motion or consent is withdrawn, the court is prohibited from |
|
|
granting a new trial in the case based on that motion. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |