HB4254 - Relating to appeal of a mistrial order in a felony case.

      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.