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A BILL TO BE ENTITLED
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AN ACT
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authorizing the state to take an interlocutory appeal to seek the |
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overruling of Stogner v. California, 539 U.S. 607 (2003). |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Code of Criminal Procedure, is |
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amended by adding Article 12.08 to read as follows: |
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Art. 12.08. APPEAL TO OVERRULE STOGNER. (a) The state may |
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bring criminal charges against a defendant that would otherwise be |
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barred by the interpretation of the Ex Post Facto Clause adopted by |
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the Supreme Court of the United States in Stogner v. California, 539 |
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U.S. 607 (2003). |
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(b) The state may take an immediate appeal directly to the |
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Court of Criminal Appeals from an order dismissing any criminal |
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prosecution as barred by the interpretation of the Ex Post Facto |
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Clause adopted by the Supreme Court of the United States in Stogner |
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v. California, 539 U.S. 607 (2003), and may appeal solely for the |
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purpose of seeking reconsideration of Stogner by the Supreme Court |
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of the United States on petition for certiorari. |
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(c) The Court of Criminal Appeals shall expedite the |
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consideration of any appeal taken under Subsection (b) and resolve |
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the appeal as quickly as possible. |
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(d) The Court of Criminal Appeals may summarily affirm, |
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without requesting merits briefing or holding oral argument, if it |
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concludes or the state concedes that Stogner compels the dismissal |
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of the criminal prosecution, and there is no reasonable grounds for |
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distinguishing that ruling factually or legally. The state may |
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indicate in its notice of appeal that Stogner compels the dismissal |
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of the criminal prosecution, and there is no reasonable grounds for |
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distinguishing that ruling factually or legally, and that the |
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appeal is taken solely for the purpose of seeking reconsideration |
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of Stogner on petition for certiorari. |
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(e) The state may petition for writ of certiorari from any |
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decision of the Court of Criminal Appeals affirming the dismissal |
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of the criminal prosecution under Stogner. |
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SECTION 2. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 3. This Act takes effect September 1, 2023. |