| 1 | | - | H.B. No. 4147 |
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| 1 | + | By: Kacal (Senate Sponsor - Birdwell) H.B. No. 4147 |
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| 2 | + | (In the Senate - Received from the House May 5, 2017; |
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| 3 | + | May 8, 2017, read first time and referred to Committee on Criminal |
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| 4 | + | Justice; May 19, 2017, reported favorably by the following vote: |
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| 5 | + | Yeas 7, Nays 0; May 19, 2017, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to a defendant's right to appeal from a judgment or |
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| 6 | 12 | | conviction in a municipal court of record. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 30.00014(a), Government Code, is amended |
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| 9 | 15 | | to read as follows: |
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| 10 | 16 | | (a) A defendant has the right of appeal from a judgment or |
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| 11 | 17 | | conviction in a municipal court of record. The state has the right |
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| 12 | 18 | | to appeal as provided by Article 44.01, Code of Criminal Procedure. |
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| 13 | 19 | | The county criminal courts or county criminal courts of appeal in |
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| 14 | 20 | | the county in which the municipality is located or the municipal |
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| 15 | 21 | | courts of appeal have jurisdiction of appeals from a municipal |
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| 16 | 22 | | court of record. If there is no county criminal court, county |
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| 17 | 23 | | criminal court of appeal, or municipal court of appeal, the county |
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| 18 | 24 | | courts at law have jurisdiction of an appeal. If a county does not |
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| 19 | 25 | | have a county court at law under Chapter 25, the county court has |
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| 20 | 26 | | jurisdiction of any appeal. |
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| 21 | 27 | | SECTION 2. The change in law made by this Act is intended |
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| 22 | 28 | | only to clarify existing law with respect to a judgment or |
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| 23 | 29 | | conviction that occurs in a municipal court of record and is |
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| 24 | 30 | | appealed to a county court. |
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| 25 | 31 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 26 | | - | ______________________________ ______________________________ |
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| 27 | | - | President of the Senate Speaker of the House |
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| 28 | | - | I certify that H.B. No. 4147 was passed by the House on May 4, |
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| 29 | | - | 2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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| 30 | | - | voting. |
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| 31 | | - | ______________________________ |
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| 32 | | - | Chief Clerk of the House |
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| 33 | | - | I certify that H.B. No. 4147 was passed by the Senate on May |
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| 34 | | - | 22, 2017, by the following vote: Yeas 30, Nays 0. |
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| 35 | | - | ______________________________ |
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| 36 | | - | Secretary of the Senate |
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| 37 | | - | APPROVED: _____________________ |
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| 38 | | - | Date |
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| 39 | | - | _____________________ |
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| 40 | | - | Governor |
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| 32 | + | * * * * * |
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