By Puente H.B. No. 251
76R1036 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a limitation on a juvenile's right to appeal after a
1-3 plea or stipulation of evidence in juvenile court.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Family Code, is amended by adding
1-6 Section 54.034 to read as follows:
1-7 Sec. 54.034. LIMITED RIGHT TO APPEAL: WARNING. Before the
1-8 court may accept a child's plea or stipulation of evidence in a
1-9 proceeding held under this title, the court shall inform the child
1-10 that if the court accepts the plea or stipulation and the court
1-11 makes a disposition in accordance with the agreement between the
1-12 state and the child regarding the disposition of the case, the
1-13 child may not appeal an order of the court entered under Section
1-14 54.03, 54.04, or 54.05, unless:
1-15 (1) the court gives the child permission to appeal; or
1-16 (2) the appeal is based on a matter raised by written
1-17 motion filed before the proceeding in which the child entered the
1-18 plea or agreed to the stipulation of evidence.
1-19 SECTION 2. Section 56.01, Family Code, is amended by
1-20 amending Subsections (c) and (d) and adding Subsection (n) to read
1-21 as follows:
1-22 (c) An appeal may be taken:
1-23 (1) except as provided by Subsection (n), by or on
1-24 behalf of a child from an order entered under:
2-1 (A) Section 54.03 [of this code] with regard to
2-2 delinquent conduct or conduct indicating a need for supervision;
2-3 (B) Section 54.04 [of this code] disposing of
2-4 the case;
2-5 (C) Section 54.05 [of this code] respecting
2-6 modification of a previous juvenile court disposition; or
2-7 (D) Chapter 55 [of this code] committing a child
2-8 to a facility for the mentally ill or mentally retarded; or
2-9 (2) by a person from an order entered under Section
2-10 54.11(i)(2) [of this code] transferring the person to the custody
2-11 of the institutional division of the Texas Department of Criminal
2-12 Justice.
2-13 (d) A child has the right to:
2-14 (1) appeal, as provided by this subchapter;
2-15 (2) representation by counsel on appeal; and
2-16 (3) appointment of an attorney for the appeal if an
2-17 attorney cannot be obtained because of indigency.
2-18 (n) A child who enters a plea or agrees to a stipulation of
2-19 evidence in a proceeding held under this title may not appeal an
2-20 order of the juvenile court entered under Section 54.03, 54.04, or
2-21 54.05 if the court makes a disposition in accordance with the
2-22 agreement between the state and the child regarding the disposition
2-23 of the case, unless:
2-24 (1) the court gives the child permission to appeal; or
2-25 (2) the appeal is based on a matter raised by written
2-26 motion filed before the proceeding in which the child entered the
2-27 plea or agreed to the stipulation of evidence.
3-1 SECTION 3. (a) The change in law made by this Act applies
3-2 only to an appeal from a proceeding relating to conduct that occurs
3-3 on or after the effective date of this Act. Conduct violating a
3-4 penal law of the state occurs on or after the effective date of
3-5 this Act if every element of the violation occurs on or after that
3-6 date.
3-7 (b) Conduct that occurs before the effective date of this
3-8 Act is covered by the law in effect at the time the conduct
3-9 occurred, and the former law is continued in effect for that
3-10 purpose.
3-11 SECTION 4. This Act takes effect September 1, 1999.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.