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1 | 1 | 89R15484 BCH-F | |
2 | 2 | By: Hayes H.B. No. 4237 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | 9 | relating to appeals from a justice or municipal court. | |
10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 11 | SECTION 1. Article 45A.204, Code of Criminal Procedure, is | |
12 | 12 | amended to read as follows: | |
13 | 13 | Art. 45A.204. EFFECT OF APPEAL. All further proceedings in | |
14 | 14 | the case in the justice or municipal court shall [must] cease during | |
15 | 15 | the pendency of the appeal when a defendant files the appeal bond | |
16 | 16 | required by law with the justice or municipal court. | |
17 | 17 | SECTION 2. Article 44.17, Code of Criminal Procedure, is | |
18 | 18 | amended to read as follows: | |
19 | 19 | Art. 44.17. APPEAL TO COUNTY COURT, HOW CONDUCTED. In all | |
20 | 20 | appeals to a county court from justice courts and municipal courts | |
21 | 21 | other than municipal courts of record, the trial shall be de novo in | |
22 | 22 | the trial in the county court, the same as if the prosecution had | |
23 | 23 | been originally commenced in that court. An appeal to the county | |
24 | 24 | court from a municipal court of record may be based only on errors | |
25 | 25 | reflected in the record. The county court may dismiss a case | |
26 | 26 | appealed to the court or remand the case to the justice or municipal | |
27 | 27 | court. | |
28 | 28 | SECTION 3. This Act takes effect September 1, 2025. |