By: Hinojosa S.B. No. 888
(In the Senate - Filed March 2, 2015; March 4, 2015, read
first time and referred to Committee on Criminal Justice;
April 20, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1; April 20, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 888 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to the appeal of waiver of jurisdiction and transfer to
criminal court in juvenile cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 4.18(g), Code of Criminal Procedure, is
amended to read as follows:
(g) This article does not apply to a claim of a defect or
error in a discretionary transfer proceeding in juvenile court. A
defendant may appeal a defect or error only as provided by Chapter
56, Family Code [Article 44.47].
SECTION 2. Section 51.041(a), Family Code, is amended to
read as follows:
(a) The court retains jurisdiction over a person, without
regard to the age of the person, for conduct engaged in by the
person before becoming 17 years of age if, as a result of an appeal
by the person or the state under Chapter 56 [or by the person under
Article 44.47, Code of Criminal Procedure,] of an order of the
court, the order is reversed or modified and the case remanded to
the court by the appellate court.
SECTION 3. Section 56.01, Family Code, is amended by
amending Subsection (c) and adding Subsection (h-1) to read as
follows:
(c) An appeal may be taken:
(1) except as provided by Subsection (n), by or on
behalf of a child from an order entered under:
(A) Section 54.02 respecting transfer of the
child for prosecution as an adult;
(B) Section 54.03 with regard to delinquent
conduct or conduct indicating a need for supervision;
(C) [(B)] Section 54.04 disposing of the case;
(D) [(C)] Section 54.05 respecting modification
of a previous juvenile court disposition; or
(E) [(D)] Chapter 55 by a juvenile court
committing a child to a facility for the mentally ill or
intellectually disabled [mentally retarded]; or
(2) by a person from an order entered under Section
54.11(i)(2) transferring the person to the custody of the Texas
Department of Criminal Justice.
(h-1) The supreme court shall adopt rules accelerating the
disposition by the appellate court and the supreme court of an
appeal of an order waiving jurisdiction under Section 54.02 and
transferring a child to criminal court for prosecution.
SECTION 4. Article 44.47, Code of Criminal Procedure, is
repealed.
SECTION 5. The change in law made by this Act applies only
to an order of a juvenile court waiving jurisdiction and
transferring a child to criminal court that is issued on or after
the effective date of this Act. An order of a juvenile court
waiving jurisdiction and transferring a child to criminal court
that is issued before the effective date of this Act is governed by
the law in effect on the date the order was issued, and the former
law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2015.
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