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.
    1-5        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   1-18  withdrawn with respect to rules of appellate procedure relating to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.