By:  Combs                                            H.B. No. 2230
       73R6343 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appeal by the state of certain juvenile court
    1-3  orders.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 56.01(c), Family Code, is amended to read
    1-6  as follows:
    1-7        (c)  An appeal may be taken:
    1-8              (1)  by or on behalf of a child from an order entered
    1-9  under:
   1-10                    (A)  Section 54.02 of this code respecting
   1-11  transfer of the child to criminal court for prosecution as an
   1-12  adult;
   1-13                    (B)  Section 54.03 of this code with regard to
   1-14  delinquent conduct or conduct indicating a need for supervision;
   1-15                    (C)  Section 54.04 of this code disposing of the
   1-16  case;
   1-17                    (D)  Section 54.05 of this code respecting
   1-18  modification of a previous juvenile court disposition; or
   1-19                    (E)  Chapter 55 of this code committing a child
   1-20  to a facility for the mentally ill or mentally retarded; <or>
   1-21              (2)  by a person from an order entered under Section
   1-22  54.11(i)(2) of this code transferring the person to the custody of
   1-23  the institutional division of the Texas Department of Criminal
   1-24  Justice; or
    2-1              (3)  by the state as provided by Section 56.011 of this
    2-2  code.
    2-3        SECTION 2.  Chapter 56, Family Code, is amended by adding
    2-4  Section 56.011 to read as follows:
    2-5        Sec. 56.011.  APPEAL BY STATE.  (a)  An appeal from an order
    2-6  of the juvenile court may be taken by the state if the order:
    2-7              (1)  dismisses all or a portion of a petition alleging
    2-8  delinquent conduct, a petition for discretionary transfer of a
    2-9  child to criminal court, or a motion to modify a prior order of the
   2-10  juvenile court;
   2-11              (2)  grants a child a new adjudication or disposition
   2-12  hearing;
   2-13              (3)  sustains a claim of former jeopardy; or
   2-14              (4)  grants a motion to suppress evidence, a
   2-15  confession, or an admission if:
   2-16                    (A)  jeopardy has not attached in the case; and
   2-17                    (B)  the prosecuting attorney certifies to the
   2-18  juvenile court that:
   2-19                          (i)  the appeal is not taken for the
   2-20  purpose of delay; and
   2-21                          (ii)  the evidence, confession, or
   2-22  admission is of substantial importance to the state's case.
   2-23        (b)  The state may appeal a ruling on a question of law if
   2-24  the child appeals an order in which:
   2-25              (1)  the child is adjudicated as delinquent;
   2-26              (2)  the child's disposition is modified; or
   2-27              (3)  the child is transferred to a district court or
    3-1  criminal district court under Section 54.02 of this code.
    3-2        (c)  The state is entitled to a stay in the proceedings
    3-3  pending the disposition of the state's appeal under Subsection
    3-4  (a)(3) of this section.
    3-5        (d)  A court of appeals shall give precedence in its docket
    3-6  to an appeal under Subsection (a)(3) or (a)(4) of this section.
    3-7        (e)  The state shall pay all costs of appeal under
    3-8  Subsections (a)(3) and (a)(4) of this section, other than the costs
    3-9  of attorney's fees for the child.
   3-10        (f)  This section does not affect the right of a child to
   3-11  appeal an order of the juvenile court as provided by Section 56.01
   3-12  of this code.
   3-13        SECTION 3.  This Act takes effect September 1, 1993.
   3-14        SECTION 4.  (a)  The change in law made by this Act applies
   3-15  only to an appeal from a proceeding relating to conduct that occurs
   3-16  on or after the effective date of this Act.  Conduct violating a
   3-17  penal law of the state occurs on or after the effective date of
   3-18  this Act if every element of the violation occurs on or after that
   3-19  date.
   3-20        (b)  Conduct that occurs before the effective date of this
   3-21  Act is covered by the law in effect at the time the conduct
   3-22  occurred, and the former law is continued in effect for that
   3-23  purpose.
   3-24        SECTION 5.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
    4-1  days in each house be suspended, and this rule is hereby suspended.