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A BILL TO BE ENTITLED
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AN ACT
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relating to the timeline to submit a motion for a new trial to 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. Art.45., Code of Criminal Procedure, is amended |
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to be read as follows: |
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REVIEW BY COURT OF CRIMINAL APPEALS. (a) The Court of |
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Criminal Appeals may review decisions of the court of appeals on its |
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own motion. An order for review must be filed before the decision |
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of the court of appeals becomes final as determined by Article |
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42.045. |
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(b) The Court of Criminal Appeals may review decisions of |
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the court of appeals upon a petition for review. |
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(1) The state or a defendant in a case may petition the |
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Court of Criminal Appeals for review of the decision of a court of |
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appeals in that case. |
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(2) The petition shall be filed with the clerk of the |
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court of appeals which rendered the decision within 30 days after |
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the final ruling of the court of appeals. |
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(3) A petition filed with the clerk of the court of |
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appeals which rendered the decision after the 30 days after the |
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final ruling of the court of appeals shall be considered if: |
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(a) there is evidence satisfactory to the court |
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showing that the petitioner's failure to file the petition within |
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30 days was due to an error made by a third party or other |
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circumstances outside the respondent's control. |
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(3)(4) The petition for review shall be addressed to |
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"The Court of Criminal Appeals of Texas," and shall state the name |
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of the petitioning party and shall include a statement of the case |
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and authorities and arguments in support of each ground for review. |
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(4)(5) Upon filing a petition for review, the |
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petitioning party shall cause a true copy to be delivered to the |
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attorney representing the opposing party. The opposing party may |
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file a reply to the petition with the Court of Criminal Appeals |
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within 30 days after receipt of the petition from the petitioning |
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party. |
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(5)(6) Within 15 days after the filing of a petition |
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for review, the clerk of the court of appeals shall note the filing |
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on the record and forward the petition together with the original |
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record and the opinion of the court of appeals to the Court of |
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Criminal Appeals. |
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(6)(7) The Court of Criminal Appeals shall either |
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grant the petition and review the case or refuse the petition. |
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(7)(8) Subsequent to granting the petition for review, |
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the Court of Criminal Appeals may reconsider, set aside the order |
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granting the petition, and refuse the petition as though the |
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petition had never been granted. |
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(c) The Court of Criminal Appeals may promulgate rules |
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pursuant to this article. |
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(d) Extensions of time for meeting the limits prescribed in |
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Subdivisions (2) and (4) of Subsection (b) of this article may be |
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granted by the Court of Criminal Appeals or a judge thereof for good |
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cause shown on timely application to the Court of Criminal Appeals. |