By: Jones of Harris H.B. No. 5019
A BILL TO BE ENTITLED
AN ACT
relating to the timeline to submit a motion for a new trial to the
Court of Criminal Appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.
REVIEW BY COURT OF CRIMINAL APPEALS. (a) The Court of
Criminal Appeals may review decisions of the court of appeals on its
own motion. An order for review must be filed before the decision
of the court of appeals becomes final as determined by Article
42.045.
(b) The Court of Criminal Appeals may review decisions of the
court of appeals upon a petition for review.
(1) The state or a defendant in a case may petition the
Court of Criminal Appeals for review of the decision of a court of
appeals in that case.
(2) The petition shall be filed with the clerk of the
court of appeals which rendered the decision within 30 days after
the final ruling of the court of appeals.
(3) A petition filed with the clerk of the court of
appeals which rendered the decision after the 30 days after the
final ruling of the court of appeals shall be considered if:
(a) there is evidence satisfactory to the court
showing that the petitioner's failure to file the petition within
30 days was due to an error made by a third party or other
circumstances outside the respondent's control.
(3)(4) The petition for review shall be addressed to
"The Court of Criminal Appeals of Texas," and shall state the name
of the petitioning party and shall include a statement of the case
and authorities and arguments in support of each ground for review.
(4)(5) Upon filing a petition for review, the
petitioning party shall cause a true copy to be delivered to the
attorney representing the opposing party. The opposing party may
file a reply to the petition with the Court of Criminal Appeals
within 30 days after receipt of the petition from the petitioning
party.
(5)(6) Within 15 days after the filing of a petition for
review, the clerk of the court of appeals shall note the filing on
the record and forward the petition together with the
original record and the opinion of the court of appeals to the Court
of Criminal Appeals.
(6)(7) The Court of Criminal Appeals shall either
grant the petition and review the case or refuse the petition.
(7)(8) Subsequent to granting the petition for review,
the Court of Criminal Appeals may reconsider, set aside the order
granting the petition, and refuse the petition as though the
petition had never been granted.
(c) The Court of Criminal Appeals may promulgate rules
pursuant to this article.
(d) Extensions of time for meeting the limits prescribed in
Subdivisions (2) and (4) of Subsection (b) of this article may be
granted by the Court of Criminal Appeals or a judge thereof for good
cause shown on timely application to the Court of Criminal Appeals.