| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring a pretrial hearing in a criminal case to |
|
|
determine whether a defendant's conduct was justified. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Pretrial |
|
|
Justification Act. |
|
|
SECTION 2. Section 1, Article 28.01, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Sec. 1. The court may set any criminal case for a pre-trial |
|
|
hearing before it is set for trial upon its merits, and direct the |
|
|
defendant and the defendant's [his] attorney, if any of record, and |
|
|
the State's attorney, to appear before the court at the time and |
|
|
place stated in the court's order for a conference and hearing. The |
|
|
defendant must be present at the arraignment, and the defendant's |
|
|
[his] presence is required during any pre-trial proceeding. The |
|
|
pre-trial hearing shall be to determine any of the following |
|
|
matters: |
|
|
(1) Arraignment of the defendant, if [such be] |
|
|
necessary; and appointment of counsel to represent the defendant, |
|
|
if [such be] necessary; |
|
|
(2) Pleadings of the defendant; |
|
|
(3) Special pleas, if any; |
|
|
(4) Exceptions to the form or substance of the |
|
|
indictment or information; |
|
|
(5) Motions for continuance either by the State or |
|
|
defendant; provided that grounds for continuance not existing or |
|
|
not known at the time may be presented and considered at any time |
|
|
before the defendant announces ready for trial; |
|
|
(6) Motions to suppress evidence, and when [--When] a |
|
|
hearing on the motion to suppress evidence is granted, the court may |
|
|
determine the merits of the [said] motion on the motions |
|
|
themselves, or upon opposing affidavits, or upon oral testimony, |
|
|
subject to the discretion of the court; |
|
|
(7) Motions for change of venue by the State or the |
|
|
defendant; provided, however, that a motion [such motions] for |
|
|
change of venue, if overruled at the pre-trial hearing, may be |
|
|
renewed by the State or the defendant during the voir dire |
|
|
examination of the jury; |
|
|
(8) Discovery; |
|
|
(9) Entrapment; [and] |
|
|
(10) Motion for appointment of interpreter; and |
|
|
(11) Motion to determine justification as a defense. |
|
|
SECTION 3. Chapter 28, Code of Criminal Procedure, is |
|
|
amended by adding Article 28.15 to read as follows: |
|
|
Art. 28.15. PRETRIAL HEARING ON JUSTIFICATION. (a) On the |
|
|
written motion of a defendant requesting a determination of |
|
|
justification as a defense to prosecution under Chapter 9, Penal |
|
|
Code, the court, at a pretrial hearing described by Article 28.01, |
|
|
shall: |
|
|
(1) determine whether the defendant's conduct was |
|
|
justified under Chapter 9; and |
|
|
(2) issue written findings of fact and conclusions of |
|
|
law supporting the determination. |
|
|
(b) At a hearing under this article, after the defendant |
|
|
provides prima facie evidence that the defendant's conduct was |
|
|
justified under Chapter 9, Penal Code, the attorney representing |
|
|
the state has the burden of proving by clear and convincing evidence |
|
|
that the defendant's conduct was not justified. |
|
|
(c) The court shall dismiss the criminal charge with |
|
|
prejudice if the attorney representing the state does not meet the |
|
|
attorney's burden under Subsection (b). |
|
|
(d) If the attorney representing the state does meet the |
|
|
attorney's burden under Subsection (b): |
|
|
(1) the criminal charge may proceed to trial and, at |
|
|
trial, the defendant may raise, as a defense to prosecution in the |
|
|
case, a justification of the defendant's conduct under Chapter 9, |
|
|
Penal Code; |
|
|
(2) if the issue is raised at trial, the attorney |
|
|
representing the state has the burden of proving beyond a |
|
|
reasonable doubt that the defendant's conduct was not justified |
|
|
under Chapter 9, Penal Code; |
|
|
(3) the fact that the attorney representing the state |
|
|
met the attorney's burden under Subsection (b) is not admissible at |
|
|
the trial; and |
|
|
(4) the fact that a hearing was held under this article |
|
|
is not admissible at the trial. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |