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  S.B. No. 888
 
 
 
 
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 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) [(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.
         (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 [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.
         (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