Texas 2019 - 86th Regular

Texas House Bill HB4202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R27102 MAW-F
2		-	By: Smithee, Wu, Thompson of Harris H.B. No. 4202
	2	+	By: Smithee H.B. No. 4202
	3	+	Substitute the following for H.B. No. 4202:
	4	+	By: Moody C.S.H.B. No. 4202
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the authority of a court to grant a motion for a new
8	10		trial in certain criminal cases.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Chapter 40, Code of Criminal Procedure, is
11	13		amended by adding Article 40.002 to read as follows:
12	14		Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES.
13	15		(a) At any time during the period of a term of imprisonment of more
14	16		than three years or at any time after the imposition of the penalty
15	17		of death, a defendant may, with the written consent of the district
16	18		attorney or criminal district attorney, file a motion for a new
17	19		trial with the convicting court. The motion must include an agreed
18	20		statement of facts for the court to consider.
19	21		(b) The court may, after a hearing, grant the defendant a
20	22		new trial in the interest of justice. The court may rely on the
21	23		agreed statement in granting a new trial, and the agreed statement
22	24		may constitute the entire record in the cause.
23	25		(c) The rights of appeal provided by Chapter 44 apply to a
24	26		decision of a court to grant a new trial under this article, except
25	27		that neither the attorney representing the state nor the defendant
26	28		is entitled to appeal the court's decision to deny a motion for a
27	29		new trial.
28	30		(d) The attorney representing the state may condition the
29	31		attorney's consent to a motion for a new trial on any appropriate
30	32		reason, including a requirement that the defendant:
31	33		(1) plead guilty and accept a specific punishment;
32	34		(2) waive the defendant's parole eligibility as part
33	35		of any punishment agreement; or
34	36		(3) waive the defendant's right to appeal.
35	37		(e) Until the trial court has granted the motion under this
36	38		article, the defendant may withdraw the motion or the attorney
37	39		representing the state may withdraw consent to the motion. If the
38	40		motion or consent is withdrawn, the court is prohibited from
39	41		granting a new trial in the case based on that motion.
40	42		SECTION 2. Section 5, Article 11.07, Code of Criminal
41	43		Procedure, is amended to read as follows:
42	44		Sec. 5. The Court of Criminal Appeals may deny relief upon
43	45		the findings and conclusions of the hearing judge without docketing
44	46		the cause, or may direct that the cause be docketed and heard as
45	47		though originally presented to said court or as an appeal. Upon
46	48		reviewing the record the court shall enter its judgment remanding
47	49		the applicant to custody or ordering his release, as the law and
48	50		facts may justify. The mandate of the court shall issue to the
49	51		court issuing the writ, as in other criminal cases. After
50	52		conviction, except as otherwise provided by Article 40.002, the
51	53		procedure outlined in this article [Act] shall be exclusive and any
52	54		other proceeding shall be void and of no force and effect in
53	55		discharging the prisoner.
54	56		SECTION 3. Section 1, Article 11.071, Code of Criminal
55	57		Procedure, is amended to read as follows:
56	58		Sec. 1. APPLICATION TO DEATH PENALTY CASE. Notwithstanding
57	59		any other provision of this chapter, this article establishes the
58	60		procedures for an application for a writ of habeas corpus in which
59	61		the applicant seeks relief from a judgment imposing a penalty of
60	62		death. This article does not affect the authority of a court to
61	63		grant a motion for a new trial under Article 40.002.
62	64		SECTION 4. This Act takes effect September 1, 2019.