Texas 2015 - 84th Regular

Texas House Bill HB725 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23277 LEH-D
2	2	By: Turner of Harris H.B. No. 725
3	3	Substitute the following for H.B. No. 725:
4	4	By: Dutton C.S.H.B. No. 725
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appeal of waiver of jurisdiction and transfer to
10	10	criminal court in juvenile cases.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 4.18(g), Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	(g) This article does not apply to a claim of a defect or
15	15	error in a discretionary transfer proceeding in juvenile court. A
16	16	defendant may appeal a defect or error only as provided by Chapter
17	17	56, Family Code [Article 44.47].
18	18	SECTION 2. Section 51.041(a), Family Code, is amended to
19	19	read as follows:
20	20	(a) The court retains jurisdiction over a person, without
21	21	regard to the age of the person, for conduct engaged in by the
22	22	person before becoming 17 years of age if, as a result of an appeal
23	23	by the person or the state under Chapter 56 [or by the person under
24	24	Article 44.47, Code of Criminal Procedure,] of an order of the
25	25	court, the order is reversed or modified and the case remanded to
26	26	the court by the appellate court.
27	27	SECTION 3. Sections 56.01(c) and (h), Family Code, are
28	28	amended to read as follows:
29	29	(c) An appeal may be taken:
30	30	(1) except as provided by Subsection (n), by or on
31	31	behalf of a child from an order entered under:
32	32	(A) Section 54.02 respecting transfer of the
33	33	child for prosecution as an adult;
34	34	(B) Section 54.03 with regard to delinquent
35	35	conduct or conduct indicating a need for supervision;
36	36	(C) [(B)] Section 54.04 disposing of the case;
37	37	(D) [(C)] Section 54.05 respecting modification
38	38	of a previous juvenile court disposition; or
39	39	(E) [(D)] Chapter 55 by a juvenile court
40	40	committing a child to a facility for the mentally ill or
41	41	intellectually disabled [mentally retarded]; or
42	42	(2) by a person from an order entered under Section
43	43	54.11(i)(2) transferring the person to the custody of the Texas
44	44	Department of Criminal Justice.
45	45	(h) If the order appealed from takes custody of the child
46	46	from the child's [his] parent, guardian, or custodian or waives
47	47	jurisdiction under Section 54.02 and transfers the child to
48	48	criminal court for prosecution, the appeal has precedence over all
49	49	other cases. The supreme court shall adopt rules ensuring the
50	50	acceleration of the disposition by the appellate court and the
51	51	supreme court of an appeal of an order waiving jurisdiction under
52	52	Section 54.02 and transferring a child to criminal court for
53	53	prosecution.
54	54	SECTION 4. Article 44.47, Code of Criminal Procedure, is
55	55	repealed.
56	56	SECTION 5. The change in law made by this Act applies only
57	57	to an order of a juvenile court waiving jurisdiction and
58	58	transferring a child to criminal court that is issued on or after
59	59	the effective date of this Act. An order of a juvenile court waiving
60	60	jurisdiction and transferring a child to criminal court that is
61	61	issued before the effective date of this Act is governed by the law
62	62	in effect on the date the order was issued, and the former law is
63	63	continued in effect for that purpose.
64	64	SECTION 6. This Act takes effect September 1, 2015.