Bill Text: TX HB5283 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to requiring a pretrial hearing in a criminal case to determine whether a defendant's conduct was justified.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Criminal Jurisprudence [HB5283 Detail]
Download: Texas-2023-HB5283-Introduced.html
88R11736 MCF-F | ||
By: Cain | H.B. No. 5283 |
|
||
|
||
relating to requiring a pretrial hearing in a criminal case to | ||
determine whether a defendant's conduct was justified. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Pretrial | ||
Justification Act. | ||
SECTION 2. Section 1, Article 28.01, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. The court may set any criminal case for a pre-trial | ||
hearing before it is set for trial upon its merits, and direct the | ||
defendant and the defendant's [ |
||
the State's attorney, to appear before the court at the time and | ||
place stated in the court's order for a conference and hearing. The | ||
defendant must be present at the arraignment, and the defendant's | ||
[ |
||
pre-trial hearing shall be to determine any of the following | ||
matters: | ||
(1) Arraignment of the defendant, if [ |
||
necessary; and appointment of counsel to represent the defendant, | ||
if [ |
||
(2) Pleadings of the defendant; | ||
(3) Special pleas, if any; | ||
(4) Exceptions to the form or substance of the | ||
indictment or information; | ||
(5) Motions for continuance either by the State or | ||
defendant; provided that grounds for continuance not existing or | ||
not known at the time may be presented and considered at any time | ||
before the defendant announces ready for trial; | ||
(6) Motions to suppress evidence, and when [ |
||
hearing on the motion to suppress evidence is granted, the court may | ||
determine the merits of the [ |
||
themselves, or upon opposing affidavits, or upon oral testimony, | ||
subject to the discretion of the court; | ||
(7) Motions for change of venue by the State or the | ||
defendant; provided, however, that a motion [ |
||
change of venue, if overruled at the pre-trial hearing, may be | ||
renewed by the State or the defendant during the voir dire | ||
examination of the jury; | ||
(8) Discovery; | ||
(9) Entrapment; [ |
||
(10) Motion for appointment of interpreter; and | ||
(11) Motion to determine justification as a defense. | ||
SECTION 3. Chapter 28, Code of Criminal Procedure, is | ||
amended by adding Article 28.15 to read as follows: | ||
Art. 28.15. PRETRIAL HEARING ON JUSTIFICATION. (a) On the | ||
written motion of a defendant requesting a determination of | ||
justification as a defense to prosecution under Chapter 9, Penal | ||
Code, the court, at a pretrial hearing described by Article 28.01, | ||
shall: | ||
(1) determine whether the defendant's conduct was | ||
justified under Chapter 9; and | ||
(2) issue written findings of fact and conclusions of | ||
law supporting the determination. | ||
(b) At a hearing under this article, after the defendant | ||
provides prima facie evidence that the defendant's conduct was | ||
justified under Chapter 9, Penal Code, the attorney representing | ||
the state has the burden of proving by clear and convincing evidence | ||
that the defendant's conduct was not justified. | ||
(c) The court shall dismiss the criminal charge with | ||
prejudice if the attorney representing the state does not meet the | ||
attorney's burden under Subsection (b). | ||
(d) If the attorney representing the state does meet the | ||
attorney's burden under Subsection (b): | ||
(1) the criminal charge may proceed to trial and, at | ||
trial, the defendant may raise, as a defense to prosecution in the | ||
case, a justification of the defendant's conduct under Chapter 9, | ||
Penal Code; | ||
(2) if the issue is raised at trial, the attorney | ||
representing the state has the burden of proving beyond a | ||
reasonable doubt that the defendant's conduct was not justified | ||
under Chapter 9, Penal Code; | ||
(3) the fact that the attorney representing the state | ||
met the attorney's burden under Subsection (b) is not admissible at | ||
the trial; and | ||
(4) the fact that a hearing was held under this article | ||
is not admissible at the trial. | ||
SECTION 4. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 5. This Act takes effect September 1, 2023. |