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78R2441 EMT-F

By:  Dunnam                                                       H.B. No. 1183



A BILL TO BE ENTITLED

AN ACT

relating to a defendant's right to appeal after a plea bargain and 
to notice of the appeal.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 44.02, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 44.02.  DEFENDANT MAY APPEAL. (a) A defendant in any 
criminal action has the right of appeal under the rules hereinafter 
prescribed.[, provided, however, before the]
	(b)  If a defendant is [who has been] convicted upon either a
[his] plea of guilty or a plea of nolo contendere before the court 
and the court, upon the election of the defendant, assesses 
punishment, and the punishment does not exceed the punishment 
recommended by the prosecutor and agreed to by the defendant and the 
defendant's [his] attorney, the defendant may prosecute an [his] 
appeal only on those issues which:[,]
		(1)  [he must have permission of] the trial court has 
given the defendant permission to appeal; [,except on those matters 
which]
		(2)  have been raised by written motion filed prior to 
trial; 
		(3)  assert a jurisdictional defect in the trial court; 
or           
		(4)  attack the voluntariness of the defendant's plea.                 
	(c)  In all cases, a notice of appeal that shows the 
defendant's desire to appeal is sufficient to invoke the 
jurisdiction of the court of appeals.
	(d)  This article in no way affects appeals pursuant to 
Article 37.071 or [Article] 44.17 [of this chapter].
	SECTION 2.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to a 
judgment of conviction that is entered by the court on or after the 
effective date of this Act.  The appeal of a judgment entered before 
the effective date of this Act is covered by the law in effect when 
the judgment was entered, and the former law is continued in effect 
for that purpose.