SRC-AXB H.B. 251 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 251
76R1036  JMC-DBy: Puente (Ellis)
Jurisprudence
4/15/1999
Engrossed


DIGEST 

Currently, a child is authorized to appeal a court ruling based on an
agreement between the state and the child, without condition or permission
from the trial judge.  H.B. 251 prohibits a child from making such an
appeal, and requires the court to warn the child of the prohibition, in the
case of a plea or stipulation made by the child and accepted by the court. 

PURPOSE

As proposed, H.B. 251 prohibits a child from appealing a juvenile court
order subsequent to a plea or stipulation of evidence. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54, Family Code, by adding Section 54.034, as
follows: 

Sec.  54.034.  LIMITED RIGHT TO APPEAL:  WARNING.  Requires the court to
inform the child of a prohibition against appeal prior to acceptance of a
child's plea, unless certain conditions exist. 

SECTION 2.  Amends Section 56.01, Family Code, by amending Subsections (c)
and (d) and adding Subsection (n), to prohibit a child who enters a plea
from appealing an order of the juvenile court, if the court makes a
disposition regarding the disposition of the case, unless certain
conditions exist. Makes conforming changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 1999.

SECTION 5.  Emergency clause.