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.