84R23277 LEH-D
 
  By: Turner of Harris H.B. No. 725
 
  Substitute the following for H.B. No. 725:
 
  By:  Dutton C.S.H.B. No. 725
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appeal of waiver of jurisdiction and transfer to
  criminal court in juvenile cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 4.18(g), Code of Criminal Procedure, is
  amended to read as follows:
         (g)  This article does not apply to a claim of a defect or
  error in a discretionary transfer proceeding in juvenile court. A
  defendant may appeal a defect or error only as provided by Chapter
  56, Family Code [Article 44.47].
         SECTION 2.  Section 51.041(a), Family Code, is amended to
  read as follows:
         (a)  The court retains jurisdiction over a person, without
  regard to the age of the person, for conduct engaged in by the
  person before becoming 17 years of age if, as a result of an appeal
  by the person or the state under Chapter 56 [or by the person under
  Article 44.47, Code of Criminal Procedure,] of an order of the
  court, the order is reversed or modified and the case remanded to
  the court by the appellate court.
         SECTION 3.  Sections 56.01(c) and (h), Family Code, are
  amended to read as follows:
         (c)  An appeal may be taken:
               (1)  except as provided by Subsection (n), by or on
  behalf of a child from an order entered under:
                     (A)  Section 54.02 respecting transfer of the
  child for prosecution as an adult;
                     (B)  Section 54.03 with regard to delinquent
  conduct or conduct indicating a need for supervision;
                     (C) [(B)]  Section 54.04 disposing of the case;
                     (D) [(C)]  Section 54.05 respecting modification
  of a previous juvenile court disposition; or
                     (E) [(D)]  Chapter 55 by a juvenile court
  committing a child to a facility for the mentally ill or
  intellectually disabled [mentally retarded]; or
               (2)  by a person from an order entered under Section
  54.11(i)(2) transferring the person to the custody of the Texas
  Department of Criminal Justice.
         (h)  If the order appealed from takes custody of the child
  from the child's [his] parent, guardian, or custodian or waives
  jurisdiction under Section 54.02 and transfers the child to
  criminal court for prosecution, the appeal has precedence over all
  other cases. The supreme court shall adopt rules ensuring the
  acceleration of the disposition by the appellate court and the
  supreme court of an appeal of an order waiving jurisdiction under
  Section 54.02 and transferring a child to criminal court for
  prosecution.
         SECTION 4.  Article 44.47, Code of Criminal Procedure, is
  repealed.
         SECTION 5.  The change in law made by this Act applies only
  to an order of a juvenile court waiving jurisdiction and
  transferring a child to criminal court that is issued on or after
  the effective date of this Act. An order of a juvenile court waiving
  jurisdiction and transferring a child to criminal court that is
  issued before the effective date of this Act is governed by the law
  in effect on the date the order was issued, and the former law is
  continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2015.