86R27102 MAW-F
 
  By: Smithee H.B. No. 4202
 
  Substitute the following for H.B. No. 4202:
 
  By:  Moody C.S.H.B. No. 4202
 
 
 
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) At any time during the period of a term of imprisonment of more
  than three years or at any time after the imposition of the penalty
  of death, a defendant may, with the written consent of the district
  attorney or criminal district attorney, 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. 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  motion or consent is withdrawn, the court is prohibited from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.  Section 5, Article 11.07, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 5.  The Court of Criminal Appeals may deny relief upon
  the findings and conclusions of the hearing judge without docketing
  the cause, or may direct that the cause be docketed and heard as
  though originally presented to said court or as an appeal. Upon
  reviewing the record the court shall enter its judgment remanding
  the applicant to custody or ordering his release, as the law and
  facts may justify. The mandate of the court shall issue to the
  court issuing the writ, as in other criminal cases. After
  conviction, except as otherwise provided by Article 40.002, the
  procedure outlined in this article [Act] shall be exclusive and any
  other proceeding shall be void and of no force and effect in
  discharging the prisoner.
         SECTION 3.  Section 1, Article 11.071, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  APPLICATION TO DEATH PENALTY CASE.  Notwithstanding
  any other provision of this chapter, this article establishes the
  procedures for an application for a writ of habeas corpus in which
  the applicant seeks relief from a judgment imposing a penalty of
  death. This article does not affect the authority of a court to
  grant a motion for a new trial under Article 40.002. 
         SECTION 4.  This Act takes effect September 1, 2019.