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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) At any time during the period of a term of imprisonment of more |
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than three years or at any time after the imposition of the penalty |
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of death, a defendant may, with the written consent of the district |
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attorney or criminal district attorney, file a motion for a new |
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trial with the convicting court. The motion must include an agreed |
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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. Section 5, Article 11.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 5. The Court of Criminal Appeals may deny relief upon |
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the findings and conclusions of the hearing judge without docketing |
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the cause, or may direct that the cause be docketed and heard as |
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though originally presented to said court or as an appeal. Upon |
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reviewing the record the court shall enter its judgment remanding |
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the applicant to custody or ordering his release, as the law and |
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facts may justify. The mandate of the court shall issue to the |
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court issuing the writ, as in other criminal cases. After |
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conviction, except as otherwise provided by Article 40.002, the |
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procedure outlined in this article [Act] shall be exclusive and any |
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other proceeding shall be void and of no force and effect in |
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discharging the prisoner. |
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SECTION 3. Section 1, Article 11.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. APPLICATION TO DEATH PENALTY CASE. Notwithstanding |
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any other provision of this chapter, this article establishes the |
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procedures for an application for a writ of habeas corpus in which |
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the applicant seeks relief from a judgment imposing a penalty of |
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death. This article does not affect the authority of a court to |
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grant a motion for a new trial under Article 40.002. |
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SECTION 4. This Act takes effect September 1, 2019. |