88R623 JTZ-F
By: Smithee H.B. No. 2963
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, criminal district attorney, or county
attorney with criminal jurisdiction, 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 for any of the following
reasons:
(1) the discovery of exculpatory, mitigating, or
impeachment evidence that establishes that the defendant's
conviction or sentence is against the weight of the evidence;
(2) a change in law that provides a new legal basis for
a defense to criminal prosecution for the offense of which the
defendant was convicted or a ruling of the United States Supreme
Court or the Texas Court of Criminal Appeals that the law under
which the defendant was convicted or sentenced is unconstitutional;
(3) that material evidence was improperly admitted or
withheld from the jury; or
(4) that the agreed statement of facts establishes a
ground for which a new trial must be granted under the Texas Rules
of Appellate Procedure.
(c) The court may rely on the agreed statement of facts in
granting a new trial, and the agreed statement may constitute the
entire record in the cause.
(d) 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.
(e) 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.
(f) 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, 2023.