Bill Text: TX HB1246 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a defendant's authority to amend a motion for new trial in a criminal case.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB1246 Detail]
Download: Texas-2013-HB1246-Introduced.html
83R2788 ADM-D | ||
By: Turner of Harris | H.B. No. 1246 |
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relating to a defendant's authority to amend a motion for new trial | ||
in a criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 44, Code of Criminal Procedure, is | ||
amended by adding Article 44.03 to read as follows: | ||
Art. 44.03. AMENDING MOTION FOR NEW TRIAL. A defendant may | ||
file one or more amended motions for new trial before the 60th day | ||
after the date the trial court imposed or suspended the defendant's | ||
sentence, except that the defendant may not seek to amend a motion | ||
for new trial after a ruling on the motion. | ||
SECTION 2. (a) Under the terms of Section 22.108(b), | ||
Government Code, Rule 21.4(b), Texas Rules of Appellate Procedure, | ||
is disapproved, but only to the extent the rule conflicts with | ||
Article 44.03, Code of Criminal Procedure, as added by this Act. | ||
(b) The rulemaking authority granted to the court of | ||
criminal appeals under Section 22.108, Government Code, is | ||
withdrawn with respect to a rule of appellate procedure relating to | ||
a defendant's time to amend a motion for new trial, but only to the | ||
extent the rule conflicts with Article 44.03, Code of Criminal | ||
Procedure, as added by this Act. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a sentence imposed or suspended on or after the effective date of | ||
this Act. A sentence imposed or suspended before the effective date | ||
of this Act is governed by the law in effect immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |