BILL ANALYSIS S.B. 918 By: Wentworth (Shields) May 17, 1995 Committee Report (Unamended) BACKGROUND Currently, the Code of Criminal Procedure does not impose a time restriction on appeals from the justice court and municipal court to county court. The Texas Rules of Civil Procedure place a time limit of 10 days on appeals of civil cases from justice court to county court. In landlord-tenant eviction cases, the time limit in which to appeal to the county court is only five days. PURPOSE As proposed, C.S.S.B. 918 establishes a time limit in which a defendant may file a bond for appeal. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 44.14, Code of Criminal Procedure, as follows: Art. 44.14. FILING BOND PERFECTS APPEAL. (a) Provides that in appeals from justice and municipal courts, when the appeal bond provided for in the preceding article has not been filed with the justice or judge who tried the case not later than the 10th day after the date the judgment was entered, the appeal in such case shall be held to be perfected. (b) Provides that if an appeal bond is not timely filed, the appeal court does not have jurisdiction over the case and shall remand the case to the justice or municipal court for execution of the sentence. (c) Prohibits an appeal from being dismissed because the defendant failed to give notice of appeal in open court. Prohibits an appeal by the defendant or the state from being dismissed on account of any defect in the transcript. SECTION 2. Amends Chapter 44, Code of Criminal Procedure, by adding Article 44.181, as follows: Art. 44.181. DEFECT IN COMPLAINT. (a) Prohibits a court conducting a trial de novo based on an appeal from a justice or municipal court from dismissing the case because of a defect in the complaint. (b) Authorizes the attorney representing the state to move to amend a defective complaint before the trial de novo begins. SECTION 3. Amends Article 45.49, Code of Criminal Procedure, to require the clerk of the court to note the date a judgment is entered on a docket. Makes a conforming change. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 918 was considered by the full committee in a formal meeting on May 17, 1995. SB 918 was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.