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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of the Texas Supreme Court and the |
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Court of Criminal Appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The |
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following courts have jurisdiction in criminal actions: |
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1. The Court of Criminal Appeals; |
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2. The Texas Supreme Court in questions certified |
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under Section 3, Article 4.04; |
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3. Courts of appeals; |
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4. [3.] The district courts; |
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5. [4.] The criminal district courts; |
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6. [5.] The magistrates appointed by the judges of the |
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district courts of Bexar County, Dallas County, Tarrant County, or |
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Travis County that give preference to criminal cases and the |
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magistrates appointed by the judges of the criminal district courts |
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of Dallas County or Tarrant County; |
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7. [6.] The county courts; |
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8. [7.] All county courts at law with criminal |
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jurisdiction; |
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9. [8.] County criminal courts; |
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10. [9.] Justice courts; |
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11. [10.] Municipal courts; |
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12. [11.] The magistrates appointed by the judges of |
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the district courts of Lubbock County; |
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13. [12.] The magistrates appointed by the El Paso |
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Council of Judges; |
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14. [13.] The magistrates appointed by the Collin |
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County Commissioners Court; |
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15. [14.] The magistrates appointed by the Brazoria |
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County Commissioners Court or the local administrative judge for |
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Brazoria County; and |
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16. [15.] The magistrates appointed by the judges of |
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the district courts of Tom Green County. |
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SECTION 2. Article 4.04, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.04. COURT OF CRIMINAL APPEALS |
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Sec. 1. Except as provided by Section 3, the [The] Court of |
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Criminal Appeals and each judge thereof shall have, and is hereby |
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given, the power and authority to grant and issue and cause the |
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issuance of writs of habeas corpus, and, in criminal law matters, |
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the writs of mandamus, procedendo, prohibition, and certiorari. |
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The court and each judge thereof shall have, and is hereby given, |
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the power and authority to grant and issue and cause the issuance of |
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such other writs as may be necessary to protect its jurisdiction or |
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enforce its judgments. |
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Sec. 2. Except as provided by Section 3, the [The] Court of |
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Criminal Appeals shall have, and is hereby given, final appellate |
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and review jurisdiction in criminal cases coextensive with the |
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limits of the state, and its determinations shall be final. The |
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appeal of all cases in which the death penalty has been assessed |
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shall be to the Court of Criminal Appeals. In addition, the Court |
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of Criminal Appeals may, on its own motion, with or without a |
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petition for such discretionary review being filed by one of the |
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parties, review any decision of a court of appeals in a criminal |
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case other than a question described by Section 3. Discretionary |
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review by the Court of Criminal Appeals is not a matter of right, |
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but of sound judicial discretion. |
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Sec. 3. If the Court of Criminal Appeals determines that a |
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petition or appeal presents a question regarding the interpretation |
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of a provision of the Texas Constitution, the court may not issue an |
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order on the petition or in the appeal before first certifying the |
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question to the Texas Supreme Court and receiving an answer. The |
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Texas Supreme Court's determination on a question certified to that |
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court under this section is final and binding on the Court of |
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Criminal Appeals. |
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SECTION 3. Section 22.001, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The supreme court has appellate jurisdiction, except in |
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criminal law matters other than a question certified under Section |
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3, Article 4.04, Code of Criminal Procedure, of an appealable order |
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or judgment of the trial courts if the court determines that the |
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appeal presents a question of law that is important to the |
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jurisprudence of the state. The supreme court's jurisdiction does |
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not include cases in which the jurisdiction of the court of appeals |
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is made final by statute. |
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(a-1) The supreme court has jurisdiction to finally |
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determine questions regarding the interpretation of a provision of |
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the Texas Constitution certified to the court by the court of |
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criminal appeals under Section 3, Article 4.04, Code of Criminal |
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Procedure. |
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SECTION 4. The changes in law made by this Act apply to a |
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petition or appeal filed in the court of criminal appeals on or |
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after the effective date of this Act. A petition or appeal filed in |
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the court of criminal appeals before the effective date of this Act |
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is governed by the law in effect on the date the petition or appeal |
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was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. 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, 2023. |