| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the appeal of waiver of jurisdiction and transfer to |
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| 8 | 6 | | criminal court in juvenile cases. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Article 4.18(g), Code of Criminal Procedure, is |
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| 11 | 9 | | amended to read as follows: |
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| 12 | 10 | | (g) This article does not apply to a claim of a defect or |
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| 13 | 11 | | error in a discretionary transfer proceeding in juvenile court. A |
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| 14 | 12 | | defendant may appeal a defect or error only as provided by Chapter |
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| 15 | 13 | | 56, Family Code [Article 44.47]. |
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| 16 | 14 | | SECTION 2. Section 51.041(a), Family Code, is amended to |
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| 17 | 15 | | read as follows: |
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| 18 | 16 | | (a) The court retains jurisdiction over a person, without |
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| 19 | 17 | | regard to the age of the person, for conduct engaged in by the |
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| 20 | 18 | | person before becoming 17 years of age if, as a result of an appeal |
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| 21 | 19 | | by the person or the state under Chapter 56 [or by the person under |
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| 22 | 20 | | Article 44.47, Code of Criminal Procedure,] of an order of the |
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| 23 | 21 | | court, the order is reversed or modified and the case remanded to |
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| 24 | 22 | | the court by the appellate court. |
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| 25 | 23 | | SECTION 3. Section 56.01, Family Code, is amended by |
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| 26 | 24 | | amending Subsections (c) and (h) and adding Subsections (g-1) and |
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| 27 | 25 | | (h-1) to read as follows: |
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| 28 | 26 | | (c) An appeal may be taken: |
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| 29 | 27 | | (1) except as provided by Subsection (n), by or on |
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| 30 | 28 | | behalf of a child from an order entered under: |
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| 31 | 29 | | (A) Section 54.02 respecting transfer of the |
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| 32 | 30 | | child for prosecution as an adult; |
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| 33 | 31 | | (B) Section 54.03 with regard to delinquent |
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| 34 | 32 | | conduct or conduct indicating a need for supervision; |
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| 35 | 33 | | (C) [(B)] Section 54.04 disposing of the case; |
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| 36 | 34 | | (D) [(C)] Section 54.05 respecting modification |
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| 37 | 35 | | of a previous juvenile court disposition; or |
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| 38 | 36 | | (E) [(D)] Chapter 55 by a juvenile court |
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| 39 | 37 | | committing a child to a facility for the mentally ill or |
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| 40 | 38 | | intellectually disabled [mentally retarded]; or |
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| 41 | 39 | | (2) by a person from an order entered under Section |
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| 42 | 40 | | 54.11(i)(2) transferring the person to the custody of the Texas |
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| 43 | 41 | | Department of Criminal Justice. |
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| 44 | 42 | | (g-1) An appeal from an order entered under Section 54.02 |
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| 45 | 43 | | respecting transfer of the child for prosecution as an adult does |
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| 46 | 44 | | not stay the criminal proceedings pending the disposition of that |
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| 47 | 45 | | appeal. |
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| 48 | 46 | | (h) If the order appealed from takes custody of the child |
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| 49 | 47 | | from the child's [his] parent, guardian, or custodian or waives |
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| 50 | 48 | | jurisdiction under Section 54.02 and transfers the child to |
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| 51 | 49 | | criminal court for prosecution, the appeal has precedence over all |
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| 52 | 50 | | other cases. |
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| 53 | 51 | | (h-1) The supreme court shall adopt rules accelerating the |
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| 54 | 52 | | disposition by the appellate court and the supreme court of an |
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| 55 | 53 | | appeal of an order waiving jurisdiction under Section 54.02 and |
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| 56 | 54 | | transferring a child to criminal court for prosecution. |
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| 57 | 55 | | SECTION 4. Article 44.47, Code of Criminal Procedure, is |
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| 58 | 56 | | repealed. |
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| 59 | 57 | | SECTION 5. The change in law made by this Act applies only |
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| 60 | 58 | | to an order of a juvenile court waiving jurisdiction and |
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| 61 | 59 | | transferring a child to criminal court that is issued on or after |
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| 62 | 60 | | the effective date of this Act. An order of a juvenile court |
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| 63 | 61 | | waiving jurisdiction and transferring a child to criminal court |
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| 64 | 62 | | that is issued before the effective date of this Act is governed by |
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| 65 | 63 | | the law in effect on the date the order was issued, and the former |
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| 66 | 64 | | law is continued in effect for that purpose. |
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| 67 | 65 | | SECTION 6. This Act takes effect September 1, 2015. |
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