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A BILL TO BE ENTITLED
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AN ACT
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relating to a defendant's authority to amend a motion for new trial |
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in a criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 44, Code of Criminal Procedure, is |
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amended by adding Article 44.03 to read as follows: |
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Art. 44.03. AMENDING MOTION FOR NEW TRIAL. A defendant may |
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file one or more amended motions for new trial before the 60th day |
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after the date the trial court imposed or suspended the defendant's |
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sentence, except that the defendant may not seek to amend a motion |
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for new trial after a ruling on the motion. |
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SECTION 2. (a) Under the terms of Section 22.108(b), |
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Government Code, Rule 21.4(b), Texas Rules of Appellate Procedure, |
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is disapproved, but only to the extent the rule conflicts with |
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Article 44.03, Code of Criminal Procedure, as added by this Act. |
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(b) The rulemaking authority granted to the court of |
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criminal appeals under Section 22.108, Government Code, is |
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withdrawn with respect to a rule of appellate procedure relating to |
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a defendant's time to amend a motion for new trial, but only to the |
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extent the rule conflicts with Article 44.03, Code of Criminal |
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Procedure, as added by this Act. |
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SECTION 3. The change in law made by this Act applies only |
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to a sentence imposed or suspended on or after the effective date of |
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this Act. A sentence imposed or suspended before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |