| 1 | 1 | | By: Schofield H.B. No. 3430 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the jurisdiction of the supreme court and the court of |
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| 7 | 7 | | criminal appeals. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Government Code, is amended by |
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| 10 | 10 | | adding Section 22.1025 to read as follows: |
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| 11 | 11 | | Sec. 22.1025. CONSTITUTIONAL RULINGS. |
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| 12 | 12 | | (a) Any ruling by the court of criminal appeals that any |
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| 13 | 13 | | statute, rule, or procedure violates either the state or federal |
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| 14 | 14 | | constitutions shall not be final and shall have no effect until the |
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| 15 | 15 | | later of: |
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| 16 | 16 | | (1) 60 days following the ruling; or |
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| 17 | 17 | | (2) The denial or dismissal of a petition filed in the |
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| 18 | 18 | | supreme court pursuant to Section 22.002(f) of the Government Code. |
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| 19 | 19 | | (b) This section is adopted pursuant to the legislative |
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| 20 | 20 | | authority found in Article V, Section 5(a) of the Texas |
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| 21 | 21 | | Constitution, among other sources of authority. |
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| 22 | 22 | | SECTION 2. Section 22.002, Government Code, is amended by |
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| 23 | 23 | | adding Subsection (f) to read as follows: |
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| 24 | 24 | | (f) Whenever the court of criminal appeals determines that a |
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| 25 | 25 | | statute, rule, or procedure is unconstitutional, the supreme |
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| 26 | 26 | | court, on the petition of the attorney general or a district or |
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| 27 | 27 | | county attorney, has original civil jurisdiction to issue writs of |
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| 28 | 28 | | quo warranto and mandamus to correct any error in the court of |
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| 29 | 29 | | criminal appeals' determination. |
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| 30 | 30 | | (1) The jurisdiction granted by this section applies |
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| 31 | 31 | | no matter whether the court of criminal appeals rules under the |
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| 32 | 32 | | state constitution, federal constitution, or both. |
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| 33 | 33 | | (2) The jurisdiction granted by this section applies |
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| 34 | 34 | | no matter whether the constitutional ruling by the court of |
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| 35 | 35 | | criminal appeals is characterized as criminal or civil. |
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| 36 | 36 | | (3) The jurisdiction granted by this section applies |
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| 37 | 37 | | no matter |
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| 38 | 38 | | whether the constitutional ruling by the court of |
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| 39 | 39 | | criminal appeals is characterized as final or non-final. |
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| 40 | 40 | | SECTION 3. This Act applies to any decision by the court of |
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| 41 | 41 | | criminal appeals on or after September 1, 2015. |
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