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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a prosecutor in a juvenile case to |
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appeal certain judicial decisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 56.03, Family Code, is |
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amended to read as follows: |
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Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
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FOR DETERMINATE SENTENCE]. |
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SECTION 2. Section 56.03, Family Code, is amended by |
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amending Subsections (b), (c), (d), (e), and (f) and adding |
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Subsection (b-1) to read as follows: |
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(b) The state is entitled to appeal an order of a court in a |
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juvenile case [in which the grand jury has approved of the petition
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under Section 53.045] if the order: |
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(1) dismisses a petition or any portion of a petition; |
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(2) arrests or modifies a judgment; |
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(3) grants a new trial; |
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(4) sustains a claim of former jeopardy; or |
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(5) grants a motion to suppress evidence, a |
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confession, or an admission and if: |
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(A) jeopardy has not attached in the case; |
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(B) the prosecuting attorney certifies to the |
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trial court that the appeal is not taken for the purpose of delay; |
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and |
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(C) the evidence, confession, or admission is of |
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substantial importance in the case. |
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(b-1) The state is entitled to appeal a disposition in a |
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case on the grounds that the disposition is illegal. |
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(c) The prosecuting attorney may not bring an appeal under |
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Subsection (b) or (b-1) later than the 15th day after the date on |
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which the order or ruling to be appealed is entered by the court. |
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(d) The state is entitled to a stay in the proceedings |
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pending the disposition of an appeal under Subsection (b) or (b-1). |
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(e) The court of appeals shall give preference in its docket |
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to an appeal filed under Subsection (b) or (b-1). |
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(f) The state shall pay all costs of appeal under Subsection |
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(b) or (b-1), other than the cost of attorney's fees for the |
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respondent. |
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SECTION 3. The changes in law made by this Act apply only to |
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conduct violating a penal law that occurs on or after the effective |
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date of this Act. Conduct that occurs before the effective date of |
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this Act is governed by the law in effect at the time the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For the purposes of this section, conduct violating a |
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penal law occurs before the effective date of this Act if any |
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element of the violation occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |