By Talton H.B. No. 2317
77R8379 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a defendant to appeal a conviction in a
1-3 criminal case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 44, Code of Criminal Procedure, is amended
1-6 by adding Article 44.011 to read as follows:
1-7 Art. 44.011. DEFENDANT'S RIGHT TO APPEAL. (a) Except as
1-8 provided by Subsection (b), a defendant convicted in a criminal
1-9 case is entitled to appeal the conviction in the manner provided
1-10 by this code and the Rules of Appellate Procedure.
1-11 (b) A defendant convicted after entering a plea of guilty or
1-12 nolo contendere is entitled to appeal only with the permission of
1-13 the trial court, unless the punishment in the case exceeds the
1-14 punishment agreed to by the defendant and the attorney representing
1-15 the state.
1-16 SECTION 2. Article 44.02, Code of Criminal Procedure, is
1-17 repealed.
1-18 SECTION 3. The change in law made by this Act applies only to
1-19 the appeal of a judgment entered on or after the effective date of
1-20 this Act. The appeal of a judgment entered before the effective
1-21 date of this Act is covered by the law in effect when the judgment
1-22 was entered, and the former law is continued in effect for that
1-23 purpose.
1-24 SECTION 4. This Act takes effect September 1, 2001.