Bill Text: TX SB888 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the appeal of waiver of jurisdiction and transfer to criminal court in juvenile cases.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-05-22 - Effective on 9/1/15 [SB888 Detail]
Download: Texas-2015-SB888-Enrolled.html
S.B. No. 888 |
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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 [ |
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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 [ |
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court, the order is reversed or modified and the case remanded to | ||
the court by the appellate court. | ||
SECTION 3. Section 56.01, Family Code, is amended by | ||
amending Subsections (c) and (h) and adding Subsections (g-1) and | ||
(h-1) 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) [ |
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(D) [ |
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of a previous juvenile court disposition; or | ||
(E) [ |
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committing a child to a facility for the mentally ill or | ||
intellectually disabled [ |
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(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. | ||
(g-1) An appeal from an order entered under Section 54.02 | ||
respecting transfer of the child for prosecution as an adult does | ||
not stay the criminal proceedings pending the disposition of that | ||
appeal. | ||
(h) If the order appealed from takes custody of the child | ||
from the child's [ |
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jurisdiction under Section 54.02 and transfers the child to | ||
criminal court for prosecution, the appeal has precedence over all | ||
other cases. | ||
(h-1) The supreme court shall adopt rules accelerating 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 888 passed the Senate on | ||
April 23, 2015, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 888 passed the House on | ||
May 12, 2015, by the following vote: Yeas 144, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |