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    2-9  withdrawn with respect to rules of appellate procedure relating to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.