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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a court to grant a motion for a new |
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trial in certain criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 40, Code of Criminal Procedure, is |
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amended by adding Article 40.002 to read as follows: |
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Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES. |
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(a) Notwithstanding any other law, at any time during the period of |
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a term of imprisonment, a defendant may, with the written consent of |
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the district attorney or criminal district attorney, file a motion |
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for a new trial with the convicting court. The motion must include |
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an agreed statement of facts for the court to consider. |
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(b) The court may, after a hearing, grant the defendant a |
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new trial in the interest of justice. The court may rely on the |
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agreed statement in granting a new trial, and the agreed statement |
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may constitute the entire record in the cause. |
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(c) The rights of appeal provided by Chapter 44 apply to a |
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decision of a court to grant a new trial under this article, except |
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that neither the attorney representing the state nor the defendant |
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is entitled to appeal the court's decision to deny a motion for a |
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new trial. |
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(d) The attorney representing the state may condition the |
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attorney's consent to a motion for a new trial on any appropriate |
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reason, including a requirement that the defendant: |
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(1) plead guilty and accept a specific punishment; |
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(2) waive the defendant's parole eligibility as part |
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of any punishment agreement; or |
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(3) waive the defendant's right to appeal. |
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(e) Until the trial court has granted the motion under this |
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article, the defendant may withdraw the motion or the attorney |
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representing the state may withdraw consent to the motion. If the |
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motion or consent is withdrawn, the court is prohibited from |
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granting a new trial in the case based on that motion. |
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SECTION 2. This Act takes effect September 1, 2021. |