S.B. No. 888
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 Subsections (c) and (h) and adding Subsections (g-1) and
(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.
(g-1) An appeal from an order entered under Section 54.02
respecting transfer of the child for prosecution as an adult does
not stay the criminal proceedings pending the disposition of that
appeal.
(h) If the order appealed from takes custody of the child
from the child's [his] parent, guardian, or custodian or waives
jurisdiction under Section 54.02 and transfers the child to
criminal court for prosecution, the appeal has precedence over all
other cases.
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 888 passed the Senate on
April 23, 2015, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 888 passed the House on
May 12, 2015, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor