Texas Senate Bill SB698

Texas 2021 - 87th Regular

Caption

Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.

Impact

If enacted, SB698 could significantly alter the procedural landscape of criminal trials in Texas. It allows for a more collaborative approach between defendants and prosecutors, potentially facilitating resolutions that might serve the interest of justice. By requiring an agreed statement of facts, the bill emphasizes a mutual agreement which may help streamline the process of granting new trials, lessening the burden on courts while addressing potential miscarriages of justice.

Summary

SB698 proposes changes to the Texas Code of Criminal Procedure, specifically granting courts greater authority to grant a new trial under certain circumstances. The bill introduces Article 40.002, allowing defendants to file a motion for a new trial with the consent of the district attorney during the period of imprisonment. This agreement must include a jointly prepared statement of facts for the court's consideration, thereby adding a procedural layer to the trial process.

Contention

While proponents argue that SB698 will enhance justice and procedural efficiency, concerns have been raised about the implications for defendants' rights and the overall accountability of court decisions. Critics may argue that this new provision grants too much power to district attorneys, who could condition their consent on terms that may not be beneficial for defendants, such as pleading guilty or waiving the right to appeal. The balance between ensuring a fair legal process and maintaining judicial integrity continues to be a topic of significant debate.