88R11736 MCF-F
By: Cain H.B. No. 5283
A BILL TO BE ENTITLED
AN ACT
relating to requiring a pretrial hearing in a criminal case to
determine whether a defendant's conduct was justified.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Pretrial
Justification Act.
SECTION 2. Section 1, Article 28.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. The court may set any criminal case for a pre-trial
hearing before it is set for trial upon its merits, and direct the
defendant and the defendant's [his] attorney, if any of record, and
the State's attorney, to appear before the court at the time and
place stated in the court's order for a conference and hearing. The
defendant must be present at the arraignment, and the defendant's
[his] presence is required during any pre-trial proceeding. The
pre-trial hearing shall be to determine any of the following
matters:
(1) Arraignment of the defendant, if [such be]
necessary; and appointment of counsel to represent the defendant,
if [such be] necessary;
(2) Pleadings of the defendant;
(3) Special pleas, if any;
(4) Exceptions to the form or substance of the
indictment or information;
(5) Motions for continuance either by the State or
defendant; provided that grounds for continuance not existing or
not known at the time may be presented and considered at any time
before the defendant announces ready for trial;
(6) Motions to suppress evidence, and when [--When] a
hearing on the motion to suppress evidence is granted, the court may
determine the merits of the [said] motion on the motions
themselves, or upon opposing affidavits, or upon oral testimony,
subject to the discretion of the court;
(7) Motions for change of venue by the State or the
defendant; provided, however, that a motion [such motions] for
change of venue, if overruled at the pre-trial hearing, may be
renewed by the State or the defendant during the voir dire
examination of the jury;
(8) Discovery;
(9) Entrapment; [and]
(10) Motion for appointment of interpreter; and
(11) Motion to determine justification as a defense.
SECTION 3. Chapter 28, Code of Criminal Procedure, is
amended by adding Article 28.15 to read as follows:
Art. 28.15. PRETRIAL HEARING ON JUSTIFICATION. (a) On the
written motion of a defendant requesting a determination of
justification as a defense to prosecution under Chapter 9, Penal
Code, the court, at a pretrial hearing described by Article 28.01,
shall:
(1) determine whether the defendant's conduct was
justified under Chapter 9; and
(2) issue written findings of fact and conclusions of
law supporting the determination.
(b) At a hearing under this article, after the defendant
provides prima facie evidence that the defendant's conduct was
justified under Chapter 9, Penal Code, the attorney representing
the state has the burden of proving by clear and convincing evidence
that the defendant's conduct was not justified.
(c) The court shall dismiss the criminal charge with
prejudice if the attorney representing the state does not meet the
attorney's burden under Subsection (b).
(d) If the attorney representing the state does meet the
attorney's burden under Subsection (b):
(1) the criminal charge may proceed to trial and, at
trial, the defendant may raise, as a defense to prosecution in the
case, a justification of the defendant's conduct under Chapter 9,
Penal Code;
(2) if the issue is raised at trial, the attorney
representing the state has the burden of proving beyond a
reasonable doubt that the defendant's conduct was not justified
under Chapter 9, Penal Code;
(3) the fact that the attorney representing the state
met the attorney's burden under Subsection (b) is not admissible at
the trial; and
(4) the fact that a hearing was held under this article
is not admissible at the trial.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2023.