86R9478 MAW-F
By: Smithee H.B. No. 4202
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a court to grant a motion for a new
trial in certain criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 40, Code of Criminal Procedure, is
amended by adding Article 40.002 to read as follows:
Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES.
(a) At any time during the period of a term of imprisonment of more
than three years or at any time after the imposition of the penalty
of death, a defendant may, with the written consent of the attorney
representing the state, file a motion for a new trial with the
convicting court. The court may, after a hearing, grant the
defendant a new trial in the interest of justice.
(b) Notwithstanding any other law, a defendant who is
granted a new trial under this article may be prosecuted and
punished in accordance with the statutory provisions criminalizing
and prescribing punishment for the applicable conduct that were in
effect at the time the conduct occurred or under the applicable
statutory provisions in effect at the time the new trial is granted.
(c) Neither the attorney representing the state nor the
defendant is entitled to make an interlocutory appeal from the
court's decision to grant or deny a motion for a new trial under
this article.
(d) The attorney representing the state may condition the
attorney's consent to a motion for a new trial on any appropriate
reason, including a requirement that the defendant:
(1) plead guilty and accept a specific punishment;
(2) waive the defendant's parole eligibility as part
of any punishment agreement; or
(3) waive the defendant's right to appeal.
(e) Until the trial court has granted the motion under this
article, the defendant may withdraw the motion or the attorney
representing the state may withdraw consent to the motion. If the
motion or consent is withdrawn, the court may not grant a new trial
in the case based on that motion.
SECTION 2. Section 5, Article 11.07, Code of Criminal
Procedure, is amended to read as follows:
Sec. 5. The Court of Criminal Appeals may deny relief upon
the findings and conclusions of the hearing judge without docketing
the cause, or may direct that the cause be docketed and heard as
though originally presented to said court or as an appeal. Upon
reviewing the record the court shall enter its judgment remanding
the applicant to custody or ordering his release, as the law and
facts may justify. The mandate of the court shall issue to the
court issuing the writ, as in other criminal cases. After
conviction, except as otherwise provided by Article 40.002, the
procedure outlined in this article [Act] shall be exclusive and any
other proceeding shall be void and of no force and effect in
discharging the prisoner.
SECTION 3. Section 1, Article 11.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. APPLICATION TO DEATH PENALTY CASE. Notwithstanding
any other provision of this chapter, this article establishes the
procedures for an application for a writ of habeas corpus in which
the applicant seeks relief from a judgment imposing a penalty of
death. This article does not affect the authority of a court to
grant a motion for a new trial under Article 40.002.
SECTION 4. This Act takes effect September 1, 2019.