| 1 | 1 | | 84R746 LEH-D |
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| 2 | 2 | | By: Wu H.B. No. 332 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a prosecutor in a juvenile case to |
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| 8 | 8 | | appeal certain judicial decisions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 56.03, Family Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE |
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| 13 | 13 | | FOR DETERMINATE SENTENCE]. |
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| 14 | 14 | | SECTION 2. Section 56.03, Family Code, is amended by |
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| 15 | 15 | | amending Subsections (b), (c), (d), (e), and (f) and adding |
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| 16 | 16 | | Subsection (b-1) to read as follows: |
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| 17 | 17 | | (b) The state is entitled to appeal an order of a court in a |
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| 18 | 18 | | juvenile case [in which the grand jury has approved of the petition |
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| 19 | 19 | | under Section 53.045] if the order: |
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| 20 | 20 | | (1) dismisses a petition or any portion of a petition; |
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| 21 | 21 | | (2) arrests or modifies a judgment; |
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| 22 | 22 | | (3) grants a new trial; |
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| 23 | 23 | | (4) sustains a claim of former jeopardy; or |
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| 24 | 24 | | (5) grants a motion to suppress evidence, a |
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| 25 | 25 | | confession, or an admission and if: |
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| 26 | 26 | | (A) jeopardy has not attached in the case; |
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| 27 | 27 | | (B) the prosecuting attorney certifies to the |
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| 28 | 28 | | trial court that the appeal is not taken for the purpose of delay; |
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| 29 | 29 | | and |
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| 30 | 30 | | (C) the evidence, confession, or admission is of |
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| 31 | 31 | | substantial importance in the case. |
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| 32 | 32 | | (b-1) The state is entitled to appeal a disposition in a |
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| 33 | 33 | | case on the grounds that the disposition is illegal. |
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| 34 | 34 | | (c) The prosecuting attorney may not bring an appeal under |
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| 35 | 35 | | Subsection (b) or (b-1) later than the 15th day after the date on |
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| 36 | 36 | | which the order or ruling to be appealed is entered by the court. |
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| 37 | 37 | | (d) The state is entitled to a stay in the proceedings |
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| 38 | 38 | | pending the disposition of an appeal under Subsection (b) or (b-1). |
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| 39 | 39 | | (e) The court of appeals shall give preference in its docket |
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| 40 | 40 | | to an appeal filed under Subsection (b) or (b-1). |
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| 41 | 41 | | (f) The state shall pay all costs of appeal under Subsection |
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| 42 | 42 | | (b) or (b-1), other than the cost of attorney's fees for the |
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| 43 | 43 | | respondent. |
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| 44 | 44 | | SECTION 3. The changes in law made by this Act apply only to |
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| 45 | 45 | | conduct violating a penal law that occurs on or after the effective |
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| 46 | 46 | | date of this Act. Conduct that occurs before the effective date of |
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| 47 | 47 | | this Act is governed by the law in effect at the time the conduct |
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| 48 | 48 | | occurred, and the former law is continued in effect for that |
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| 49 | 49 | | purpose. For the purposes of this section, conduct violating a |
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| 50 | 50 | | penal law occurs before the effective date of this Act if any |
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| 51 | 51 | | element of the violation occurred before that date. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2015. |
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