By: Sibley S.B. No. 45
73R950 NSC-F
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 44.02, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 44.02. DEFENDANT MAY APPEAL. (a) Except as provided
1-8 by Subsection (b), a <A> defendant in any criminal action has the
1-9 right of appeal under the rules hereinafter prescribed.
1-10 (b) A defendant who has been convicted on a plea of guilty
1-11 or nolo contendere and for whom the court, on the election of the
1-12 defendant, assessed punishment that did not exceed the punishment
1-13 recommended by the prosecutor and agreed to by the defendant, may
1-14 appeal only with the permission of the trial court, except on those
1-15 matters that have been raised by written motion filed before trial.
1-16 SECTION 2. The rulemaking authority granted to the court of
1-17 criminal appeals under Section 22.108, Government Code, is
1-18 withdrawn with respect to rules of appellate procedure relating to
1-19 the right of a defendant to appeal from a judgment rendered on a
1-20 plea of guilty or nolo contendere if the punishment assessed does
1-21 not exceed the punishment recommended by the prosecutor and agreed
1-22 to by the defendant.
1-23 SECTION 3. (a) The change in law made by this Act applies
1-24 only to an appeal of a criminal case for an offense committed on or
2-1 after the effective date of this Act. For purposes of this
2-2 section, an offense is committed before the effective date of this
2-3 Act if any element of the offense occurs before the effective date.
2-4 (b) An appeal of a criminal case for an offense committed
2-5 before the effective date of this Act is covered by the law in
2-6 effect when the offense was committed, and the former law is
2-7 continued in effect for this purpose.
2-8 SECTION 4. This Act takes effect September 1, 1993.
2-9 SECTION 5. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.