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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of waiver of jurisdiction and transfer to |
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criminal court in juvenile cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.18(g), Code of Criminal Procedure, is |
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amended to read as follows: |
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(g) This article does not apply to a claim of a defect or |
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error in a discretionary transfer proceeding in juvenile court. A |
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defendant may appeal a defect or error only as provided by Chapter |
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56, Family Code [Article 44.47]. |
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SECTION 2. Section 51.041(a), Family Code, is amended to |
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read as follows: |
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(a) The court retains jurisdiction over a person, without |
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regard to the age of the person, for conduct engaged in by the |
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person before becoming 17 years of age if, as a result of an appeal |
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by the person or the state under Chapter 56 [or by the person under
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Article 44.47, Code of Criminal Procedure,] of an order of the |
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court, the order is reversed or modified and the case remanded to |
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the court by the appellate court. |
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SECTION 3. Section 56.01, Family Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (b-2) to |
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read as follows: |
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(b) Except as provided by Subsection (b-2), the [The] |
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requirements governing an appeal are as in civil cases |
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generally. When an appeal is sought by filing a notice of appeal, |
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security for costs of appeal, or an affidavit of inability to pay |
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the costs of appeal, and the filing is made in a timely fashion |
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after the date the disposition order is signed, the appeal must |
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include the juvenile court adjudication and all rulings |
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contributing to that adjudication. An appeal of the adjudication |
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may be sought notwithstanding that the adjudication order was |
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signed more than 30 days before the date the notice of appeal, |
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security for costs of appeal, or affidavit of inability to pay the |
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costs of appeal was filed. |
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(b-2) An appeal of an order entered under Section 54.02 |
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regarding waiver of jurisdiction and transfer of a child to |
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criminal court for prosecution is governed by the procedures for |
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accelerated appeals in civil cases under the Texas Rules of |
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Appellate Procedure. |
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(c) An appeal may be taken: |
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(1) except as provided by Subsection (n), by or on |
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behalf of a child from an order entered under: |
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(A) Section 54.02 respecting transfer of the |
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child for prosecution as an adult; |
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(B) Section 54.03 with regard to delinquent |
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conduct or conduct indicating a need for supervision; |
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(C) [(B)] Section 54.04 disposing of the case; |
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(D) [(C)] Section 54.05 respecting modification |
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of a previous juvenile court disposition; or |
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(E) [(D)] Chapter 55 by a juvenile court |
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committing a child to a facility for the mentally ill or |
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intellectually disabled [mentally retarded]; or |
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(2) by a person from an order entered under Section |
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54.11(i)(2) transferring the person to the custody of the Texas |
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Department of Criminal Justice. |
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SECTION 4. Article 44.47, Code of Criminal Procedure, is |
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repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to an order of a juvenile court waiving jurisdiction and |
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transferring a child to criminal court that is issued on or after |
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the effective date of this Act. An order of a juvenile court waiving |
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jurisdiction and transferring a child to criminal court that is |
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issued before the effective date of this Act is governed by the law |
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in effect on the date the order was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |