By Hinojosa                                           H.B. No. 3068
         76R8740 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of a defendant in a criminal case to appeal
 1-3     certain  adverse rulings.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 44.02, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 44.02.  DEFENDANT MAY APPEAL.               (a)  A
 1-8     defendant in any criminal action has the right of appeal under the
 1-9     rules hereinafter prescribed, provided, however, before the
1-10     defendant who has been convicted upon either his plea of guilty or
1-11     plea of nolo contendere before the court and the court, upon the
1-12     election of the defendant, assesses punishment and the punishment
1-13     does not exceed the punishment recommended by the prosecutor and
1-14     agreed to by the defendant and his attorney may prosecute his
1-15     appeal, he must have permission of the trial court, except on those
1-16     matters which have been raised by written motion filed prior to
1-17     trial.
1-18           (b)  In addition to the right to appeal granted under
1-19     Subsection (a), a defendant has a right to appeal an adverse ruling
1-20     on a motion for new trial or a motion for arrest of judgment.
1-21           (c)  This article in no way affects appeals pursuant to
1-22     Article 44.17 of this chapter.
1-23           SECTION 2.  The change in law made by this Act to Article
1-24     44.02, Code of Criminal Procedure, applies only to an appeal of an
 2-1     adverse ruling on a motion if the adverse ruling is made on or
 2-2     after the effective date of this Act.
 2-3           SECTION 3.  The importance of this legislation and the
 2-4     crowded condition of the calendars in both houses create an
 2-5     emergency and an imperative public necessity that the
 2-6     constitutional rule requiring bills to be read on three several
 2-7     days in each house be suspended, and this rule is hereby suspended,
 2-8     and that this Act take effect and be in force from and after its
 2-9     passage, and it is so enacted.