Bill Text: TX HB1293 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2021-04-23 - Received from the House [HB1293 Detail]
Download: Texas-2021-HB1293-Introduced.html
Bill Title: Relating to the authority of a court to grant a motion for a new trial in certain criminal cases.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2021-04-23 - Received from the House [HB1293 Detail]
Download: Texas-2021-HB1293-Introduced.html
87R5631 MAW-F | ||
By: Smithee | H.B. No. 1293 |
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relating to the authority of a court to grant a motion for a new | ||
trial in certain criminal cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 40, Code of Criminal Procedure, is | ||
amended by adding Article 40.002 to read as follows: | ||
Art. 40.002. NEW TRIAL ON MOTION BY AGREEMENT OF PARTIES. | ||
(a) Notwithstanding any other law, at any time during the period of | ||
a term of imprisonment, a defendant may, with the written consent of | ||
the district attorney or criminal district attorney, file a motion | ||
for a new trial with the convicting court. The motion must include | ||
an agreed statement of facts for the court to consider. | ||
(b) The court may, after a hearing, grant the defendant a | ||
new trial in the interest of justice. The court may rely on the | ||
agreed statement in granting a new trial, and the agreed statement | ||
may constitute the entire record in the cause. | ||
(c) The rights of appeal provided by Chapter 44 apply to a | ||
decision of a court to grant a new trial under this article, except | ||
that neither the attorney representing the state nor the defendant | ||
is entitled to appeal the court's decision to deny a motion for a | ||
new trial. | ||
(d) The attorney representing the state may condition the | ||
attorney's consent to a motion for a new trial on any appropriate | ||
reason, including a requirement that the defendant: | ||
(1) plead guilty and accept a specific punishment; | ||
(2) waive the defendant's parole eligibility as part | ||
of any punishment agreement; or | ||
(3) waive the defendant's right to appeal. | ||
(e) Until the trial court has granted the motion under this | ||
article, the defendant may withdraw the motion or the attorney | ||
representing the state may withdraw consent to the motion. If the | ||
motion or consent is withdrawn, the court is prohibited from | ||
granting a new trial in the case based on that motion. | ||
SECTION 2. This Act takes effect September 1, 2021. |