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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, criminal district attorney, or county |
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attorney with criminal jurisdiction, file a motion for a new trial |
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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 for any of the following |
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reasons: |
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(1) the discovery of exculpatory, mitigating, or |
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impeachment evidence that establishes that the defendant's |
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conviction or sentence is against the weight of the evidence; |
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(2) a change in law that provides a new legal basis for |
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a defense to criminal prosecution for the offense of which the |
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defendant was convicted or a ruling of the United States Supreme |
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Court or the Texas Court of Criminal Appeals that the law under |
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which the defendant was convicted or sentenced is unconstitutional; |
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(3) that material evidence was improperly admitted or |
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withheld from the jury; or |
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(4) that the agreed statement of facts establishes a |
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ground for which a new trial must be granted under the Texas Rules |
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of Appellate Procedure. |
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(c) The court may rely on the agreed statement of facts in |
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granting a new trial, and the agreed statement may constitute the |
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entire record in the cause. |
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(d) 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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(e) 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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(f) 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, 2023. |