| 1 | 1 | | 88R623 JTZ-F |
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| 2 | 2 | | By: Smithee H.B. No. 2963 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a court to grant a motion for a new |
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| 8 | 8 | | trial in certain criminal cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 40, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 40.002 to read as follows: |
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| 12 | 12 | | Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES. |
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| 13 | 13 | | (a) Notwithstanding any other law, at any time during the period of |
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| 14 | 14 | | a term of imprisonment, a defendant may, with the written consent of |
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| 15 | 15 | | the district attorney, criminal district attorney, or county |
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| 16 | 16 | | attorney with criminal jurisdiction, file a motion for a new trial |
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| 17 | 17 | | with the convicting court. The motion must include an agreed |
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| 18 | 18 | | statement of facts for the court to consider. |
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| 19 | 19 | | (b) The court may, after a hearing, grant the defendant a |
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| 20 | 20 | | new trial in the interest of justice for any of the following |
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| 21 | 21 | | reasons: |
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| 22 | 22 | | (1) the discovery of exculpatory, mitigating, or |
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| 23 | 23 | | impeachment evidence that establishes that the defendant's |
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| 24 | 24 | | conviction or sentence is against the weight of the evidence; |
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| 25 | 25 | | (2) a change in law that provides a new legal basis for |
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| 26 | 26 | | a defense to criminal prosecution for the offense of which the |
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| 27 | 27 | | defendant was convicted or a ruling of the United States Supreme |
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| 28 | 28 | | Court or the Texas Court of Criminal Appeals that the law under |
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| 29 | 29 | | which the defendant was convicted or sentenced is unconstitutional; |
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| 30 | 30 | | (3) that material evidence was improperly admitted or |
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| 31 | 31 | | withheld from the jury; or |
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| 32 | 32 | | (4) that the agreed statement of facts establishes a |
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| 33 | 33 | | ground for which a new trial must be granted under the Texas Rules |
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| 34 | 34 | | of Appellate Procedure. |
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| 35 | 35 | | (c) The court may rely on the agreed statement of facts in |
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| 36 | 36 | | granting a new trial, and the agreed statement may constitute the |
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| 37 | 37 | | entire record in the cause. |
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| 38 | 38 | | (d) The rights of appeal provided by Chapter 44 apply to a |
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| 39 | 39 | | decision of a court to grant a new trial under this article, except |
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| 40 | 40 | | that neither the attorney representing the state nor the defendant |
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| 41 | 41 | | is entitled to appeal the court's decision to deny a motion for a |
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| 42 | 42 | | new trial. |
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| 43 | 43 | | (e) The attorney representing the state may condition the |
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| 44 | 44 | | attorney's consent to a motion for a new trial on any appropriate |
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| 45 | 45 | | reason, including a requirement that the defendant: |
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| 46 | 46 | | (1) plead guilty and accept a specific punishment; |
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| 47 | 47 | | (2) waive the defendant's parole eligibility as part |
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| 48 | 48 | | of any punishment agreement; or |
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| 49 | 49 | | (3) waive the defendant's right to appeal. |
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| 50 | 50 | | (f) Until the trial court has granted the motion under this |
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| 51 | 51 | | article, the defendant may withdraw the motion or the attorney |
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| 52 | 52 | | representing the state may withdraw consent to the motion. If the |
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| 53 | 53 | | motion or consent is withdrawn, the court is prohibited from |
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| 54 | 54 | | granting a new trial in the case based on that motion. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2023. |
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