87R5631 MAW-F
By: Hughes S.B. No. 698
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) Notwithstanding any other law, at any time during the period of
a term of imprisonment, a defendant may, with the written consent of
the district attorney or criminal district attorney, file a motion
for a new trial with the convicting court. The motion must include
an agreed statement of facts for the court to consider.
(b) The court may, after a hearing, grant the defendant a
new trial in the interest of justice. The court may rely on the
agreed statement in granting a new trial, and the agreed statement
may constitute the entire record in the cause.
(c) The rights of appeal provided by Chapter 44 apply to a
decision of a court to grant a new trial under this article, except
that neither the attorney representing the state nor the defendant
is entitled to appeal the court's decision to deny a motion for a
new trial.
(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motion or consent is withdrawn, the court is prohibited from
granting a new trial in the case based on that motion.
SECTION 2. This Act takes effect September 1, 2021.