By: Smith, Dalton H.B. No. 307
73R868 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a defendant who has pleaded guilty or nolo
1-3 contendere to appeal the conviction and to the extension of time
1-4 for filing a notice of appeal.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 44.02, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 44.02. DEFENDANT MAY APPEAL. (a) Except as provided
1-9 by Subsection (b), a <A> defendant in any criminal action has the
1-10 right of appeal under the rules hereinafter prescribed.
1-11 (b) A defendant who has been convicted on a plea of guilty
1-12 or nolo contendere and for whom the court, on the election of the
1-13 defendant, assessed punishment that did not exceed the punishment
1-14 recommended by the prosecutor and agreed to by the defendant, may
1-15 appeal only with the permission of the trial court.
1-16 SECTION 2. Chapter 44, Code of Criminal Procedure, is
1-17 amended by adding Article 44.08 to read as follows:
1-18 Art. 44.08. EXTENSION OF TIME TO PERFECT APPEAL. A court of
1-19 appeals may not grant an extension of time for filing a notice of
1-20 appeal after the expiration of the periods established under Rule
1-21 41(b)(1), Texas Rules of Appellate Procedure.
1-22 SECTION 3. (a) Under the terms of Section 22.108(b),
1-23 Government Code, Rule 40(b)(1), Texas Rules of Appellate Procedure,
1-24 is disapproved, but only to the extent it permits a defendant to
2-1 appeal without the permission of the court from a judgment rendered
2-2 on a plea of guilty or nolo contendere if the punishment assessed
2-3 does not exceed the punishment recommended by the prosecutor and
2-4 agreed to by the defendant.
2-5 (b) Under the terms of Section 22.108(b), Government Code,
2-6 Rule 41(b)(2), Texas Rules of Appellate Procedure, is disapproved.
2-7 SECTION 4. The rulemaking authority granted to the court of
2-8 criminal appeals under Section 22.108, Government Code, is
2-9 withdrawn with respect to rules of appellate procedure relating to
2-10 the right of:
2-11 (1) a defendant to appeal from a judgment rendered on
2-12 a plea of guilty or nolo contendere if the punishment assessed does
2-13 not exceed the punishment recommended by the prosecutor and agreed
2-14 to by the defendant; and
2-15 (2) a court of appeals to grant an extension of time
2-16 for filing a notice of appeal in a criminal case.
2-17 SECTION 5. (a) The change in law made by this Act applies
2-18 only to an appeal of a criminal case for an offense committed on or
2-19 after the effective date of this Act. For purposes of this
2-20 section, an offense is committed before the effective date of this
2-21 Act if any element of the offense occurs before the effective date.
2-22 (b) An appeal of a criminal case for an offense committed
2-23 before the effective date of this Act is covered by the law in
2-24 effect when the offense was committed, and the former law is
2-25 continued in effect for this purpose.
2-26 SECTION 6. This Act takes effect September 1, 1993.
2-27 SECTION 7. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.