| 1 | 1 | | By: Parker S.B. No. 1092 |
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| 2 | 2 | | (In the Senate - Filed February 22, 2023; March 9, 2023, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | March 30, 2023, reported favorably by the following vote: Yeas 7, |
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| 5 | 5 | | Nays 2; March 30, 2023, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the jurisdiction of the supreme court and the court of |
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| 12 | 12 | | criminal appeals. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 22.002, Government Code, is amended by |
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| 15 | 15 | | adding Subsection (f) to read as follows: |
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| 16 | 16 | | (f) If the court of criminal appeals finds that a statute, |
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| 17 | 17 | | rule, or procedure is unconstitutional, the supreme court, on the |
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| 18 | 18 | | petition of the attorney general or a district or county attorney, |
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| 19 | 19 | | has original civil jurisdiction to issue writs of quo warranto and |
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| 20 | 20 | | mandamus to correct any error in the court of criminal appeals' |
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| 21 | 21 | | decision. The jurisdiction granted by this subsection applies |
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| 22 | 22 | | regardless of whether the decision of the court of criminal appeals |
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| 23 | 23 | | is: |
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| 24 | 24 | | (1) based on the state constitution, federal |
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| 25 | 25 | | constitution, or both; |
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| 26 | 26 | | (2) characterized as criminal or civil; or |
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| 27 | 27 | | (3) characterized as final or nonfinal. |
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| 28 | 28 | | SECTION 2. Subchapter B, Chapter 22, Government Code, is |
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| 29 | 29 | | amended by adding Section 22.1025 to read as follows: |
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| 30 | 30 | | Sec. 22.1025. CONSTITUTIONAL RULINGS. (a) A decision by |
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| 31 | 31 | | the court of criminal appeals that a statute, rule, or procedure |
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| 32 | 32 | | violates the state or federal constitution is not final and has no |
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| 33 | 33 | | effect until the later of: |
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| 34 | 34 | | (1) the 60th day after the date of the decision; or |
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| 35 | 35 | | (2) the denial or dismissal of a petition filed in the |
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| 36 | 36 | | supreme court as provided by Section 22.002(f). |
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| 37 | 37 | | (b) This section is adopted under the legislative authority |
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| 38 | 38 | | provided by Section 5(a), Article V, Texas Constitution. |
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| 39 | 39 | | SECTION 3. This Act applies to any decision issued by the |
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| 40 | 40 | | court of criminal appeals on or after September 1, 2023. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 42 | 42 | | * * * * * |
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