By: Wentworth S.B. No. 918
A BILL TO BE ENTITLED
1-1 relating to the appeal from a justice or municipal court in a
1-2 criminal case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 44.14, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 44.14. FILING BOND PERFECTS APPEAL. (a) In appeals
1-7 from justice and municipal <
corporation> courts, when the appeal
1-8 bond provided for in the preceding Article has been filed with the
1-9 justice or judge who tried the case not later than the 10th day
1-10 after the date the judgment was entered, the appeal in such case
1-11 shall be held to be perfected.
1-12 (b) If an appeal bond is not timely filed, the appeal court
1-13 does not have jurisdiction over the case and shall remand the case
1-14 to the justice or municipal court for execution of the sentence.
1-15 (c) No appeal shall be dismissed because the defendant
1-16 failed to give notice of appeal in open court. An appeal by the
1-17 defendant or the state may not be dismissed< , nor> on account of
1-18 any defect in the transcript.
1-19 SECTION 2. Chapter 44, Code of Criminal Procedure, is
1-20 amended by adding Article 44.181 to read as follows:
1-21 Art. 44.181. DEFECT IN COMPLAINT. (a) A court conducting a
1-22 trial de novo based on an appeal from a justice or municipal court
1-23 may not dismiss the case because of a defect in the complaint.
1-24 (b) The attorney representing the state may move to amend a
2-1 defective complaint before the trial de novo begins.
2-2 SECTION 3. Article 45.49, Code of Criminal Procedure, is
2-3 amended to read as follows:
2-4 Art. 45.49. JUDGMENTS IN OPEN COURT. (a) All judgments and
2-5 sentences and final orders of the justice shall be rendered in open
2-6 court and entered upon his docket.
2-7 (b) The clerk of the court shall note the date a judgment is
2-8 entered on a docket.
2-9 SECTION 4. The change in law made by this Act applies only
2-10 to an appeal from a justice or municipal court filed on or after
2-11 the effective date of this Act. An appeal filed before the
2-12 effective date of this Act is covered by the law in effect when the
2-13 appeal was filed, and the former law is continued in effect for
2-14 that purpose.
2-15 SECTION 5. This Act takes effect September 1, 1995.
2-16 SECTION 6. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.