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TX HB4254

Bill

Status

Introduced

3/10/2025

Primary Sponsor

William Metcalf

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Allows courts to grant a mistrial in felony cases after jury swearing only upon finding that no lesser remedy would adequately protect the defendant's constitutional rights under Texas and U.S. Constitutions

  • Requires courts to immediately enter specific findings of fact and conclusions of law when granting a mistrial at the state's request; failure to do so creates an irrebuttable presumption the order lacked basis and is subject to reversal

  • Grants the state the right to appeal mistrial orders or trial terminations in felony cases after the jury has been sworn, adding this to the existing list of appealable orders

  • Mandates that appeals of mistrial orders be expedited, with appellate record preparation taking priority over all other records by district clerks and court reporters

  • Applies only to criminal proceedings commencing on or after September 1, 2025

Legislative Description

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

Criminal Procedure

Last Action

Left pending in committee

4/29/2025

Committee Referrals

Criminal Jurisprudence4/1/2025

Full Bill Text

No bill text available