Texas 2021 - 87th Regular

Texas House Bill HB1293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Smithee, Collier, Moody H.B. No. 1293
	1	+	87R5631 MAW-F
	2	+	By: Smithee, Collier H.B. No. 1293
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to the authority of a court to grant a motion for a new
7	8		trial in certain criminal cases.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	10		SECTION 1. Chapter 40, Code of Criminal Procedure, is
10	11		amended by adding Article 40.002 to read as follows:
11	12		Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES.
12	13		(a) Notwithstanding any other law, at any time during the period of
13	14		a term of imprisonment, a defendant may, with the written consent of
14		-	the district attorney, criminal district attorney, or county
15		-	attorney with criminal jurisdiction, file a motion for a new trial
16		-	with the convicting court. The motion must include an agreed
17		-	statement of facts for the court to consider.
	15	+	the district attorney or criminal district attorney, file a motion
	16	+	for a new trial with the convicting court. The motion must include
	17	+	an agreed statement of facts for the court to consider.
18	18		(b) The court may, after a hearing, grant the defendant a
19		-	new trial in the interest of justice for any of the following
20		-	reasons:
21		-	(1) the discovery of exculpatory, mitigating, or
22		-	impeachment evidence that establishes that the defendant's
23		-	conviction or sentence is against the weight of the evidence;
24		-	(2) a change in law that provides a new legal basis for
25		-	a defense to criminal prosecution for the offense of which the
26		-	defendant was convicted or a ruling of the United States Supreme
27		-	Court or the Texas Court of Criminal Appeals that the law under
28		-	which the defendant was convicted or sentenced is unconstitutional;
29		-	(3) that material evidence was improperly admitted or
30		-	withheld from the jury; or
31		-	(4) that the agreed statement of facts establishes a
32		-	ground for which a new trial must be granted under the Texas Rules
33		-	of Appellate Procedure.
34		-	(b-1) The court may rely on the agreed statement in granting
35		-	a new trial, and the agreed statement may constitute the entire
36		-	record in the cause.
	19	+	new trial in the interest of justice. The court may rely on the
	20	+	agreed statement in granting a new trial, and the agreed statement
	21	+	may constitute the entire record in the cause.
37	22		(c) The rights of appeal provided by Chapter 44 apply to a
38	23		decision of a court to grant a new trial under this article, except
39	24		that neither the attorney representing the state nor the defendant
40	25		is entitled to appeal the court's decision to deny a motion for a
41	26		new trial.
42	27		(d) The attorney representing the state may condition the
43	28		attorney's consent to a motion for a new trial on any appropriate
44	29		reason, including a requirement that the defendant:
45	30		(1) plead guilty and accept a specific punishment;
46	31		(2) waive the defendant's parole eligibility as part
47	32		of any punishment agreement; or
48	33		(3) waive the defendant's right to appeal.
49	34		(e) Until the trial court has granted the motion under this
50	35		article, the defendant may withdraw the motion or the attorney
51	36		representing the state may withdraw consent to the motion. If the
52	37		motion or consent is withdrawn, the court is prohibited from
53	38		granting a new trial in the case based on that motion.
54	39		SECTION 2. This Act takes effect September 1, 2021.