Texas 2023 - 88th Regular

Texas House Bill HB5283 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11736 MCF-F
2	2	By: Cain H.B. No. 5283
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a pretrial hearing in a criminal case to
8	8	determine whether a defendant's conduct was justified.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Pretrial
11	11	Justification Act.
12	12	SECTION 2. Section 1, Article 28.01, Code of Criminal
13	13	Procedure, is amended to read as follows:
14	14	Sec. 1. The court may set any criminal case for a pre-trial
15	15	hearing before it is set for trial upon its merits, and direct the
16	16	defendant and the defendant's [his] attorney, if any of record, and
17	17	the State's attorney, to appear before the court at the time and
18	18	place stated in the court's order for a conference and hearing. The
19	19	defendant must be present at the arraignment, and the defendant's
20	20	[his] presence is required during any pre-trial proceeding. The
21	21	pre-trial hearing shall be to determine any of the following
22	22	matters:
23	23	(1) Arraignment of the defendant, if [such be]
24	24	necessary; and appointment of counsel to represent the defendant,
25	25	if [such be] necessary;
26	26	(2) Pleadings of the defendant;
27	27	(3) Special pleas, if any;
28	28	(4) Exceptions to the form or substance of the
29	29	indictment or information;
30	30	(5) Motions for continuance either by the State or
31	31	defendant; provided that grounds for continuance not existing or
32	32	not known at the time may be presented and considered at any time
33	33	before the defendant announces ready for trial;
34	34	(6) Motions to suppress evidence, and when [--When] a
35	35	hearing on the motion to suppress evidence is granted, the court may
36	36	determine the merits of the [said] motion on the motions
37	37	themselves, or upon opposing affidavits, or upon oral testimony,
38	38	subject to the discretion of the court;
39	39	(7) Motions for change of venue by the State or the
40	40	defendant; provided, however, that a motion [such motions] for
41	41	change of venue, if overruled at the pre-trial hearing, may be
42	42	renewed by the State or the defendant during the voir dire
43	43	examination of the jury;
44	44	(8) Discovery;
45	45	(9) Entrapment; [and]
46	46	(10) Motion for appointment of interpreter; and
47	47	(11) Motion to determine justification as a defense.
48	48	SECTION 3. Chapter 28, Code of Criminal Procedure, is
49	49	amended by adding Article 28.15 to read as follows:
50	50	Art. 28.15. PRETRIAL HEARING ON JUSTIFICATION. (a) On the
51	51	written motion of a defendant requesting a determination of
52	52	justification as a defense to prosecution under Chapter 9, Penal
53	53	Code, the court, at a pretrial hearing described by Article 28.01,
54	54	shall:
55	55	(1) determine whether the defendant's conduct was
56	56	justified under Chapter 9; and
57	57	(2) issue written findings of fact and conclusions of
58	58	law supporting the determination.
59	59	(b) At a hearing under this article, after the defendant
60	60	provides prima facie evidence that the defendant's conduct was
61	61	justified under Chapter 9, Penal Code, the attorney representing
62	62	the state has the burden of proving by clear and convincing evidence
63	63	that the defendant's conduct was not justified.
64	64	(c) The court shall dismiss the criminal charge with
65	65	prejudice if the attorney representing the state does not meet the
66	66	attorney's burden under Subsection (b).
67	67	(d) If the attorney representing the state does meet the
68	68	attorney's burden under Subsection (b):
69	69	(1) the criminal charge may proceed to trial and, at
70	70	trial, the defendant may raise, as a defense to prosecution in the
71	71	case, a justification of the defendant's conduct under Chapter 9,
72	72	Penal Code;
73	73	(2) if the issue is raised at trial, the attorney
74	74	representing the state has the burden of proving beyond a
75	75	reasonable doubt that the defendant's conduct was not justified
76	76	under Chapter 9, Penal Code;
77	77	(3) the fact that the attorney representing the state
78	78	met the attorney's burden under Subsection (b) is not admissible at
79	79	the trial; and
80	80	(4) the fact that a hearing was held under this article
81	81	is not admissible at the trial.
82	82	SECTION 4. The change in law made by this Act applies only
83	83	to an offense committed on or after the effective date of this Act.
84	84	An offense committed before the effective date of this Act is
85	85	governed by the law in effect on the date the offense was committed,
86	86	and the former law is continued in effect for that purpose. For
87	87	purposes of this section, an offense was committed before the
88	88	effective date of this Act if any element of the offense occurred
89	89	before that date.
90	90	SECTION 5. This Act takes effect September 1, 2023.