Bill Text: TX HB725 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the appeal of waiver of jurisdiction and transfer to criminal court in juvenile cases.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-11 - Laid on the table subject to call [HB725 Detail]
Download: Texas-2015-HB725-Comm_Sub.html
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 |
|
||
|
||
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 [ |
||
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 [ |
||
|
||
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) [ |
||
(D) [ |
||
of a previous juvenile court disposition; or | ||
(E) [ |
||
committing a child to a facility for the mentally ill or | ||
intellectually disabled [ |
||
(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 [ |
||
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. |