By: Hinojosa  S.B. No. 888
         (In the Senate - Filed March 2, 2015; March 4, 2015, read
  first time and referred to Committee on Criminal Justice;
  April 20, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 1; April 20, 2015,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 888 By:  Hinojosa
 
 
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.  Section 56.01, Family Code, is amended by
  amending Subsection (c) and adding Subsection (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) [(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-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.
 
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