78R7938 SLO-D

By:  Ellis                                                        S.B. No. 1043



A BILL TO BE ENTITLED

AN ACT

relating to the criminal jurisdiction of the supreme court and the 
abolishment of the court of criminal appeals.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 4.04, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 4.04.  SUPREME COURT [OF CRIMINAL APPEALS]        
	Sec. 1.  The Supreme Court [of Criminal Appeals] and each 
justice [judge] thereof shall have, and is hereby given, the power 
and authority to grant and issue and cause the issuance of writs of 
habeas corpus, and, in criminal law matters, the writs of mandamus, 
procedendo, prohibition, and certiorari.  The court and each 
justice [judge] thereof shall have, and is hereby given, the power 
and authority to grant and issue and cause the issuance of such 
other writs as may be necessary to protect its jurisdiction or 
enforce its judgments.
	Sec. 2.  The Supreme Court [of Criminal Appeals] shall have, 
and is hereby given, final appellate and review jurisdiction in 
criminal cases coextensive with the limits of the state, and its 
determinations shall be final.  The appeal of all cases in which the 
death penalty has been assessed shall be to the Supreme Court [of 
Criminal Appeals].  In addition, the Supreme Court [of Criminal 
Appeals] may, on its own motion, with or without a petition for such 
discretionary review being filed by one of the parties, review any 
decision of a court of appeals in a criminal case.  Discretionary 
review by the Supreme Court [of Criminal Appeals] is not a matter of 
right, but of sound judicial discretion.
	SECTION 2.  Section 22.101, Government Code, is repealed.                      
	SECTION 3.  Subchapter B, Chapter 22, Government Code, is 
amended by adding Section 22.1011 to read as follows:
	Sec. 22.1011.  REFERENCE TO COURT OF CRIMINAL APPEALS.  A 
reference in state law to the court of criminal appeals means the 
supreme court, and a reference to a judge of the court of criminal 
appeals means a justice of the supreme court.
	SECTION 4.  This Act takes effect on the date on which the 
constitutional amendment proposed by the 78th Legislature, Regular 
Session, 2003, abolishing the court of criminal appeals and vesting 
that court's criminal jurisdiction in the supreme court, takes 
effect.  If that amendment is not approved by the voters, this Act 
has no effect.