Texas 2025 - 89th Regular

Texas House Bill HB4254 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Metcalf H.B. No. 4254
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to appeal of a mistrial order in a felony case.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1, Chapter 40, Code of Criminal Procedure, is
9	11		amended by adding Article 40.002 to read as follows:
10	12		Art. 40.002. Appeal OF A MISTRIAL ORDER IN A FELONY CASE
11	13		(a) A court may grant a motion for mistrial or otherwise terminate
12	14		the trial of a felony case after the jury has been sworn on account
13	15		of a failure to comply with Article 39.14 of this Code, misconduct
14	16		of a trial participant, a legal error, or the admission of testimony
15	17		or other evidence, only upon a finding that no lesser remedy would
16	18		be adequate to protect a defendant's rights under the Texas
17	19		Constitution and the United States Constitution.
18	20		(b) Upon request by counsel for the state, a court which has
19	21		granted a motion for mistrial or has otherwise terminated the trial
20	22		of a felony case shall immediately enter into the record specific
21	23		findings of fact and conclusions of law regarding the factual and
22	24		legal bases for the order terminating the trial. A failure to
23	25		timely enter such findings and conclusions of law shall give rise to
24	26		an irrebuttable presumption that the order terminating the trial
25	27		was without factual or legal basis and is therefore subject to
26	28		reversal by an appellate court.
27	29		SECTION 2. Article 44.01, Code of Criminal Procedure, is
28	30		amended by adding Subsections (a)(7) and (m) to read as follows:
29	31		(a) The state is entitled to appeal an order of a court in a
30	32		criminal case if the order:
31	33		(1) dismisses an indictment, information, or
32	34		complaint or any portion of an indictment, information, or
33	35		complaint;
34	36		(2) arrests or modifies a judgment;
35	37		(3) grants a new trial;
36	38		(4) sustains a claim of former jeopardy;
37	39		(5) grants a motion to suppress evidence, a
38	40		confession, or an admission, if jeopardy has not attached in the
39	41		case and if the prosecuting attorney certifies to the trial court
40	42		that the appeal is not taken for the purpose of delay and that the
41	43		evidence, confession, or admission is of substantial importance in
42	44		the case; or
43	45		(6) is issued under Chapter 64, or
44	46		(7) grants a motion for mistrial or otherwise
45	47		terminates the trial of a felony case after the jury has been sworn.
46	48		(b) The state is entitled to appeal a sentence in a case on
47	49		the ground that the sentence is illegal.
48	50		(c) The state is entitled to appeal a ruling on a question of
49	51		law if the defendant is convicted in the case and appeals the
50	52		judgment.
51	53		(d) The prosecuting attorney may not make an appeal under
52	54		Subsection (a) or (b) of this article later than the 20th day after
53	55		the date on which the order, ruling, or sentence to be appealed is
54	56		entered by the court.
55	57		(e) The state is entitled to a stay in the proceedings
56	58		pending the disposition of an appeal under Subsection (a) or (b) of
57	59		this article.
58	60		(f) The court of appeals shall give precedence in its docket
59	61		to an appeal filed under Subsection (a) or (b) of this article. The
60	62		state shall pay all costs of appeal under Subsection (a) or (b) of
61	63		this article, other than the cost of attorney's fees for the
62	64		defendant.
63	65		(g) If the state appeals pursuant to this article and the
64	66		defendant is on bail, he shall be permitted to remain at large on
65	67		the existing bail. If the defendant is in custody, he is entitled
66	68		to reasonable bail, as provided by law, unless the appeal is from an
67	69		order which would terminate the prosecution, in which event the
68	70		defendant is entitled to release on personal bond.
69	71		(h) The Texas Rules of Appellate Procedure apply to a
70	72		petition by the state to the Court of Criminal Appeals for review of
71	73		a decision of a court of appeals in a criminal case.
72	74		(i) In this article, "prosecuting attorney" means the
73	75		county attorney, district attorney, or criminal district attorney
74	76		who has the primary responsibility of prosecuting cases in the
75	77		court hearing the case and does not include an assistant
76	78		prosecuting attorney.
77	79		(j) Nothing in this article is to interfere with the
78	80		defendant's right to appeal under the procedures of Article 44.02.
79	81		The defendant's right to appeal under Article 44.02 may be
80	82		prosecuted by the defendant where the punishment assessed is in
81	83		accordance with Subchapter C, Chapter 42A, as well as any other
82	84		punishment assessed in compliance with Article 44.02.
83	85		(k) The state is entitled to appeal an order granting relief
84	86		to an applicant for a writ of habeas corpus under Article 11.072.
85	87		(l) The state is entitled to appeal an order entered under:
86	88		(1) Subchapter G or H, Chapter 62, that exempts a
87	89		person from complying with the requirements of Chapter 62; and
88	90		(2) Subchapter I, Chapter 62, that terminates a
89	91		person's obligation to register under Chapter 62.
90	92		(m) An appeal brought under Subsection (a)(7) of this
91	93		Article shall be expedited, and preparation of the appellate record
92	94		shall take priority over all other records to be prepared by the
93	95		district clerk and any court reporter who has recorded the
94	96		proceedings.
95	97		SECTION 3. The changes in law made by this Act apply only to
96	98		a criminal proceeding that commences on or after the effective date
97	99		of this Act. A criminal proceeding that commences before the
98	100		effective date of this Act is governed by the law in effect on the
99	101		date the proceeding commenced, and the former law is continued in
100	102		effect for that purpose.
101	103		SECTION 4. This Act takes effect September 1, 2025.