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A BILL TO BE ENTITLED
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AN ACT
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relating to appeal of a mistrial order in a felony case. |
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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. Appeal OF A MISTRIAL ORDER IN A FELONY CASE |
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(a) A court may grant a motion for mistrial or otherwise terminate |
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the trial of a felony case after the jury has been sworn on account |
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of a failure to comply with Article 39.14 of this Code, misconduct |
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of a trial participant, a legal error, or the admission of testimony |
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or other evidence, only upon a finding that no lesser remedy would |
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be adequate to protect a defendant's rights under the Texas |
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Constitution and the United States Constitution. |
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(b) Upon request by counsel for the state, a court which has |
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granted a motion for mistrial or has otherwise terminated the trial |
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of a felony case shall immediately enter into the record specific |
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findings of fact and conclusions of law regarding the factual and |
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legal bases for the order terminating the trial. A failure to |
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timely enter such findings and conclusions of law shall give rise to |
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an irrebuttable presumption that the order terminating the trial |
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was without factual or legal basis and is therefore subject to |
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reversal by an appellate court. |
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SECTION 2. Article 44.01, Code of Criminal Procedure, is |
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amended by adding Subsections (a)(7) and (m) to read as follows: |
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(a) The state is entitled to appeal an order of a court in a |
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criminal case if the order: |
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(1) dismisses an indictment, information, or |
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complaint or any portion of an indictment, information, or |
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complaint; |
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(2) arrests or modifies a judgment; |
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(3) grants a new trial; |
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(4) sustains a claim of former jeopardy; |
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(5) grants a motion to suppress evidence, a |
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confession, or an admission, if jeopardy has not attached in the |
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case and if the prosecuting attorney certifies to the trial court |
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that the appeal is not taken for the purpose of delay and that the |
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evidence, confession, or admission is of substantial importance in |
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the case; or |
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(6) is issued under Chapter 64, or |
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(7) grants a motion for mistrial or otherwise |
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terminates the trial of a felony case after the jury has been sworn. |
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(b) The state is entitled to appeal a sentence in a case on |
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the ground that the sentence is illegal. |
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(c) The state is entitled to appeal a ruling on a question of |
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law if the defendant is convicted in the case and appeals the |
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judgment. |
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(d) The prosecuting attorney may not make an appeal under |
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Subsection (a) or (b) of this article later than the 20th day after |
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the date on which the order, ruling, or sentence to be appealed is |
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entered by the court. |
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(e) The state is entitled to a stay in the proceedings |
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pending the disposition of an appeal under Subsection (a) or (b) of |
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this article. |
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(f) The court of appeals shall give precedence in its docket |
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to an appeal filed under Subsection (a) or (b) of this article. The |
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state shall pay all costs of appeal under Subsection (a) or (b) of |
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this article, other than the cost of attorney's fees for the |
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defendant. |
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(g) If the state appeals pursuant to this article and the |
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defendant is on bail, he shall be permitted to remain at large on |
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the existing bail. If the defendant is in custody, he is entitled |
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to reasonable bail, as provided by law, unless the appeal is from an |
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order which would terminate the prosecution, in which event the |
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defendant is entitled to release on personal bond. |
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(h) The Texas Rules of Appellate Procedure apply to a |
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petition by the state to the Court of Criminal Appeals for review of |
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a decision of a court of appeals in a criminal case. |
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(i) In this article, "prosecuting attorney" means the |
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county attorney, district attorney, or criminal district attorney |
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who has the primary responsibility of prosecuting cases in the |
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court hearing the case and does not include an assistant |
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prosecuting attorney. |
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(j) Nothing in this article is to interfere with the |
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defendant's right to appeal under the procedures of Article 44.02. |
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The defendant's right to appeal under Article 44.02 may be |
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prosecuted by the defendant where the punishment assessed is in |
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accordance with Subchapter C, Chapter 42A, as well as any other |
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punishment assessed in compliance with Article 44.02. |
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(k) The state is entitled to appeal an order granting relief |
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to an applicant for a writ of habeas corpus under Article 11.072. |
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(l) The state is entitled to appeal an order entered under: |
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(1) Subchapter G or H, Chapter 62, that exempts a |
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person from complying with the requirements of Chapter 62; and |
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(2) Subchapter I, Chapter 62, that terminates a |
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person's obligation to register under Chapter 62. |
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(m) An appeal brought under Subsection (a)(7) of this |
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Article shall be expedited, and preparation of the appellate record |
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shall take priority over all other records to be prepared by the |
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district clerk and any court reporter who has recorded the |
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proceedings. |
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SECTION 3. The changes in law made by this Act apply only to |
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a criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |