| 1 | 1 | | By: Jones of Harris H.B. No. 5075 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the timeline to submit a motion for a new trial to the |
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| 7 | 7 | | Court of Criminal Appeals. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Art.45., Code of Criminal Procedure, is amended |
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| 10 | 10 | | to be read as follows: |
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| 11 | 11 | | REVIEW BY COURT OF CRIMINAL APPEALS. (a) The Court of |
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| 12 | 12 | | Criminal Appeals may review decisions of the court of appeals on its |
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| 13 | 13 | | own motion. An order for review must be filed before the decision |
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| 14 | 14 | | of the court of appeals becomes final as determined by Article |
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| 15 | 15 | | 42.045. |
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| 16 | 16 | | (b) The Court of Criminal Appeals may review decisions of |
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| 17 | 17 | | the court of appeals upon a petition for review. |
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| 18 | 18 | | (1) The state or a defendant in a case may petition the |
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| 19 | 19 | | Court of Criminal Appeals for review of the decision of a court of |
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| 20 | 20 | | appeals in that case. |
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| 21 | 21 | | (2) The petition shall be filed with the clerk of the |
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| 22 | 22 | | court of appeals which rendered the decision within 30 days after |
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| 23 | 23 | | the final ruling of the court of appeals. |
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| 24 | 24 | | (3) A petition filed with the clerk of the court of |
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| 25 | 25 | | appeals which rendered the decision after the 30 days after the |
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| 26 | 26 | | final ruling of the court of appeals shall be considered if: |
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| 27 | 27 | | (a) there is evidence satisfactory to the court |
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| 28 | 28 | | showing that the petitioner's failure to file the petition within |
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| 29 | 29 | | 30 days was due to an error made by a third party or other |
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| 30 | 30 | | circumstances outside the respondent's control. |
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| 31 | 31 | | (3)(4) The petition for review shall be addressed to |
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| 32 | 32 | | "The Court of Criminal Appeals of Texas," and shall state the name |
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| 33 | 33 | | of the petitioning party and shall include a statement of the case |
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| 34 | 34 | | and authorities and arguments in support of each ground for review. |
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| 35 | 35 | | (4)(5) Upon filing a petition for review, the |
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| 36 | 36 | | petitioning party shall cause a true copy to be delivered to the |
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| 37 | 37 | | attorney representing the opposing party. The opposing party may |
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| 38 | 38 | | file a reply to the petition with the Court of Criminal Appeals |
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| 39 | 39 | | within 30 days after receipt of the petition from the petitioning |
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| 40 | 40 | | party. |
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| 41 | 41 | | (5)(6) Within 15 days after the filing of a petition |
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| 42 | 42 | | for review, the clerk of the court of appeals shall note the filing |
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| 43 | 43 | | on the record and forward the petition together with the original |
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| 44 | 44 | | record and the opinion of the court of appeals to the Court of |
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| 45 | 45 | | Criminal Appeals. |
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| 46 | 46 | | (6)(7) The Court of Criminal Appeals shall either |
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| 47 | 47 | | grant the petition and review the case or refuse the petition. |
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| 48 | 48 | | (7)(8) Subsequent to granting the petition for review, |
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| 49 | 49 | | the Court of Criminal Appeals may reconsider, set aside the order |
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| 50 | 50 | | granting the petition, and refuse the petition as though the |
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| 51 | 51 | | petition had never been granted. |
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| 52 | 52 | | (c) The Court of Criminal Appeals may promulgate rules |
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| 53 | 53 | | pursuant to this article. |
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| 54 | 54 | | (d) Extensions of time for meeting the limits prescribed in |
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| 55 | 55 | | Subdivisions (2) and (4) of Subsection (b) of this article may be |
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| 56 | 56 | | granted by the Court of Criminal Appeals or a judge thereof for good |
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| 57 | 57 | | cause shown on timely application to the Court of Criminal Appeals. |
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