Metcalf Mistrial Bill Also Limits When Judges Can Grant One

The text as introduced · 932 words

By: Metcalf
H.B. No. 4254

A BILL TO BE ENTITLED

AN ACT

relating to appeal of a mistrial order in a felony case.

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. Appeal OF A MISTRIAL ORDER IN A FELONY CASE

(a) A court may grant a motion for mistrial or otherwise terminate

the trial of a felony case after the jury has been sworn on account

of a failure to comply with Article 39.14 of this Code, misconduct

of a trial participant, a legal error, or the admission of testimony

or other evidence, only upon a finding that no lesser remedy would

be adequate to protect a defendant's rights under the Texas

Constitution and the United States Constitution.

(b) Upon request by counsel for the state, a court which has

granted a motion for mistrial or has otherwise terminated the trial

of a felony case shall immediately enter into the record specific

findings of fact and conclusions of law regarding the factual and

legal bases for the order terminating the trial. A failure to

timely enter such findings and conclusions of law shall give rise to

an irrebuttable presumption that the order terminating the trial

was without factual or legal basis and is therefore subject to

reversal by an appellate court.

SECTION 2. Article 44.01, Code of Criminal Procedure, is

amended by adding Subsections (a)(7) and (m) to read as follows:

(a) The state is entitled to appeal an order of a court in a

criminal case if the order:

(1) dismisses an indictment, information, or

complaint or any portion of an indictment, information, or

complaint;

(2) arrests or modifies a judgment;

(3) grants a new trial;

(4) sustains a claim of former jeopardy;

(5) grants a motion to suppress evidence, a

confession, or an admission, if jeopardy has not attached in the

case and if the prosecuting attorney certifies to the trial court

that the appeal is not taken for the purpose of delay and that the

evidence, confession, or admission is of substantial importance in

the case; or

(6) is issued under Chapter 64 , or

(7) grants a motion for mistrial or otherwise

terminates the trial of a felony case after the jury has been sworn.

(b) The state is entitled to appeal a sentence in a case on

the ground that the sentence is illegal.

(c) The state is entitled to appeal a ruling on a question of

law if the defendant is convicted in the case and appeals the

judgment.

(d) The prosecuting attorney may not make an appeal under

Subsection (a) or (b) of this article later than the 20th day after

the date on which the order, ruling, or sentence to be appealed is

entered by the court.

(e) The state is entitled to a stay in the proceedings

pending the disposition of an appeal under Subsection (a) or (b) of

this article.

(f) The court of appeals shall give precedence in its docket

to an appeal filed under Subsection (a) or (b) of this article. The

state shall pay all costs of appeal under Subsection (a) or (b) of

this article, other than the cost of attorney's fees for the

defendant.

(g) If the state appeals pursuant to this article and the

defendant is on bail, he shall be permitted to remain at large on

the existing bail. If the defendant is in custody, he is entitled

to reasonable bail, as provided by law, unless the appeal is from an

order which would terminate the prosecution, in which event the

defendant is entitled to release on personal bond.

(h) The Texas Rules of Appellate Procedure apply to a

petition by the state to the Court of Criminal Appeals for review of

a decision of a court of appeals in a criminal case.

(i) In this article, "prosecuting attorney" means the

county attorney, district attorney, or criminal district attorney

who has the primary responsibility of prosecuting cases in the

court hearing the case and does not include an assistant

prosecuting attorney.

(j) Nothing in this article is to interfere with the

defendant's right to appeal under the procedures of Article 44.02.

The defendant's right to appeal under Article 44.02 may be

prosecuted by the defendant where the punishment assessed is in

accordance with Subchapter C, Chapter 42A, as well as any other

punishment assessed in compliance with Article 44.02.

(k) The state is entitled to appeal an order granting relief

to an applicant for a writ of habeas corpus under Article 11.072.

(l) The state is entitled to appeal an order entered under:

(1) Subchapter G or H, Chapter 62, that exempts a

person from complying with the requirements of Chapter 62; and

(2) Subchapter I, Chapter 62, that terminates a

person's obligation to register under Chapter 62.

(m) An appeal brought under Subsection (a)(7) of this

Article shall be expedited, and preparation of the appellate record

shall take priority over all other records to be prepared by the

district clerk and any court reporter who has recorded the

proceedings.

SECTION 3. The changes in law made by this Act apply only to

a criminal proceeding that commences on or after the effective date

of this Act. A criminal proceeding that commences before the

effective date of this Act is governed by the law in effect on the

date the proceeding commenced, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.