BILL ANALYSIS
Senate Research Center H.B. 1801
By: Zerwas (Hegar)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law allows 15 days for a prosecutor to appeal an order, ruling, or sentence in a criminal case. However, in some cases, prosecutors find this amount of time insufficient when having to make a decision.
H.B. 1801 increases from 15 days to 20 days the time in which prosecutors may appeal an order, ruling, or sentence in a criminal case.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 44.01(d), Code of Criminal Procedure, to prohibit the prosecuting attorney from making an appeal under Subsection (a) (entitling the state to appeal an order of a court in a criminal case if the order meets certain criteria) or (b) (entitling the state to appeal a sentence in a case on the ground that the sentence is illegal) of this article (Appeal By State) later than the 20th, rather than the 15th, day after the date on which the order, ruling, or sentence to be appealed is entered by the court.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2007.