| 1 | 1 | | By: Middleton S.B. No. 2554 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | authorizing the state to take an interlocutory appeal to seek the |
|---|
| 7 | 7 | | overruling of Stogner v. California, 539 U.S. 607 (2003). |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Chapter 12, Code of Criminal Procedure, is |
|---|
| 10 | 10 | | amended by adding Article 12.08 to read as follows: |
|---|
| 11 | 11 | | Art. 12.08. APPEAL TO OVERRULE STOGNER. (a) The state may |
|---|
| 12 | 12 | | bring criminal charges against a defendant that would otherwise be |
|---|
| 13 | 13 | | barred by the interpretation of the Ex Post Facto Clause adopted by |
|---|
| 14 | 14 | | the Supreme Court of the United States in Stogner v. California, 539 |
|---|
| 15 | 15 | | U.S. 607 (2003). |
|---|
| 16 | 16 | | (b) The state may take an immediate appeal directly to the |
|---|
| 17 | 17 | | Court of Criminal Appeals from an order dismissing any criminal |
|---|
| 18 | 18 | | prosecution as barred by the interpretation of the Ex Post Facto |
|---|
| 19 | 19 | | Clause adopted by the Supreme Court of the United States in Stogner |
|---|
| 20 | 20 | | v. California, 539 U.S. 607 (2003), and may appeal solely for the |
|---|
| 21 | 21 | | purpose of seeking reconsideration of Stogner by the Supreme Court |
|---|
| 22 | 22 | | of the United States on petition for certiorari. |
|---|
| 23 | 23 | | (c) The Court of Criminal Appeals shall expedite the |
|---|
| 24 | 24 | | consideration of any appeal taken under Subsection (b) and resolve |
|---|
| 25 | 25 | | the appeal as quickly as possible. |
|---|
| 26 | 26 | | (d) The Court of Criminal Appeals may summarily affirm, |
|---|
| 27 | 27 | | without requesting merits briefing or holding oral argument, if it |
|---|
| 28 | 28 | | concludes or the state concedes that Stogner compels the dismissal |
|---|
| 29 | 29 | | of the criminal prosecution, and there is no reasonable grounds for |
|---|
| 30 | 30 | | distinguishing that ruling factually or legally. The state may |
|---|
| 31 | 31 | | indicate in its notice of appeal that Stogner compels the dismissal |
|---|
| 32 | 32 | | of the criminal prosecution, and there is no reasonable grounds for |
|---|
| 33 | 33 | | distinguishing that ruling factually or legally, and that the |
|---|
| 34 | 34 | | appeal is taken solely for the purpose of seeking reconsideration |
|---|
| 35 | 35 | | of Stogner on petition for certiorari. |
|---|
| 36 | 36 | | (e) The state may petition for writ of certiorari from any |
|---|
| 37 | 37 | | decision of the Court of Criminal Appeals affirming the dismissal |
|---|
| 38 | 38 | | of the criminal prosecution under Stogner. |
|---|
| 39 | 39 | | SECTION 2. If any provision of this Act or its application |
|---|
| 40 | 40 | | to any person or circumstance is held invalid, the invalidity does |
|---|
| 41 | 41 | | not affect other provisions or applications of this Act that can be |
|---|
| 42 | 42 | | given effect without the invalid provision or application, and to |
|---|
| 43 | 43 | | this end the provisions of this Act are declared to be severable. |
|---|
| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|