87R5631 MAW-F

By: Hughes S.B. No. 698

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 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 If the motion or consent is withdrawn, the court is prohibited from granting a new trial in the case based on that motion.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. This Act takes effect September 1, 2021.