1-1 By: Puente (Senate Sponsor - Ellis) H.B. No. 251
1-2 (In the Senate - Received from the House March 17, 1999;
1-3 March 18, 1999, read first time and referred to Committee on
1-4 Jurisprudence; April 20, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; April 20, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a limitation on a juvenile's right to appeal after a
1-9 plea or stipulation of evidence in juvenile court.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 54, Family Code, is amended by adding
1-12 Section 54.034 to read as follows:
1-13 Sec. 54.034. LIMITED RIGHT TO APPEAL: WARNING. Before the
1-14 court may accept a child's plea or stipulation of evidence in a
1-15 proceeding held under this title, the court shall inform the child
1-16 that if the court accepts the plea or stipulation and the court
1-17 makes a disposition in accordance with the agreement between the
1-18 state and the child regarding the disposition of the case, the
1-19 child may not appeal an order of the court entered under Section
1-20 54.03, 54.04, or 54.05, unless:
1-21 (1) the court gives the child permission to appeal; or
1-22 (2) the appeal is based on a matter raised by written
1-23 motion filed before the proceeding in which the child entered the
1-24 plea or agreed to the stipulation of evidence.
1-25 SECTION 2. Section 56.01, Family Code, is amended by
1-26 amending Subsections (c) and (d) and adding Subsection (n) to read
1-27 as follows:
1-28 (c) An appeal may be taken:
1-29 (1) except as provided by Subsection (n), by or on
1-30 behalf of a child from an order entered under:
1-31 (A) Section 54.03 [of this code] with regard to
1-32 delinquent conduct or conduct indicating a need for supervision;
1-33 (B) Section 54.04 [of this code] disposing of
1-34 the case;
1-35 (C) Section 54.05 [of this code] respecting
1-36 modification of a previous juvenile court disposition; or
1-37 (D) Chapter 55 [of this code] committing a child
1-38 to a facility for the mentally ill or mentally retarded; or
1-39 (2) by a person from an order entered under Section
1-40 54.11(i)(2) [of this code] transferring the person to the custody
1-41 of the institutional division of the Texas Department of Criminal
1-42 Justice.
1-43 (d) A child has the right to:
1-44 (1) appeal, as provided by this subchapter;
1-45 (2) representation by counsel on appeal; and
1-46 (3) appointment of an attorney for the appeal if an
1-47 attorney cannot be obtained because of indigency.
1-48 (n) A child who enters a plea or agrees to a stipulation of
1-49 evidence in a proceeding held under this title may not appeal an
1-50 order of the juvenile court entered under Section 54.03, 54.04, or
1-51 54.05 if the court makes a disposition in accordance with the
1-52 agreement between the state and the child regarding the disposition
1-53 of the case, unless:
1-54 (1) the court gives the child permission to appeal; or
1-55 (2) the appeal is based on a matter raised by written
1-56 motion filed before the proceeding in which the child entered the
1-57 plea or agreed to the stipulation of evidence.
1-58 SECTION 3. (a) The change in law made by this Act applies
1-59 only to an appeal from a proceeding relating to conduct that occurs
1-60 on or after the effective date of this Act. Conduct violating a
1-61 penal law of the state occurs on or after the effective date of
1-62 this Act if every element of the violation occurs on or after that
1-63 date.
1-64 (b) Conduct that occurs before the effective date of this
2-1 Act is covered by the law in effect at the time the conduct
2-2 occurred, and the former law is continued in effect for that
2-3 purpose.
2-4 SECTION 4. This Act takes effect September 1, 1999.
2-5 SECTION 5. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *