HBA- NMO H.B. 251 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 251
By: Puente
Juvenile Justice & Family Issues
9/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Under state law, a child may enter a plea or stipulate to the evidence in a
juvenile court proceeding. Based on this plea or stipulation, the court
makes a disposition of the case in accordance with the agreement between
the state and the child.  Prior to the 76th Legislature, the child could
then appeal the court's ruling without condition or permission from the
trial judge.  H.B. 251  requires the court, with an exception, to inform
the child that an appeal of a court order is prohibited if the court
accepts the plea or stipulation and makes a disposition in accordance with
the agreement between the state and the child regarding the disposition of
the case. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54, Family Code, by adding Section 54.034, as
follows: 

Sec.  54.034.  LIMITED RIGHT TO APPEAL:  WARNING.  Requires the court,
before it is authorized to accept a child's plea or stipulation of evidence
in a proceeding under this title (Title 3, Juvenile Justice Code), to
inform the child that if the court accepts the plea or stipulation and
makes a disposition in accordance with the agreement between the state and
the child regarding the disposition of the case, the child may not appeal
an order of the court under Section 54.03 (Adjudication Hearing), 54.04
(Disposition Hearing), or 54.05 (Hearing to Modify Disposition).  Provides
an exception if the court gives the child permission to appeal or the
appeal is based on a matter raised by written motion filed before the
proceeding in which the child entered the plea or agreed to the stipulation
of evidence. 

SECTION 2.  Amends Section 56.01, Family Code, by amending Subsections (c)
and (d) and adding Subsection (n), as follows: 

(c) Authorizes an appeal to be taken except as provided by Subsection (n).
Makes nonsubstantive changes. 

(d) Provides that a child has the right to appeal, as provided by this
subchapter (this chapter does not contain a subchapter). 

(n) Prohibits a child who enters a plea or agrees to a stipulation of
evidence in a proceeding held under this title from appealing an order of
the juvenile court entered under Section 54.03, 54.04, or 54.05 if the
court makes a disposition in accordance with the agreement between the
state and the child regarding the disposition of the case. Provides an
exception if the court gives the child permission to appeal or the appeal
is based on a matter raised by written motion filed before the proceeding
in which the child entered the plea or agreed to the stipulation of
evidence. 

SECTION 3.  Makes application of this Act prospective.

 SECTION 4.  Effective date:  September 1, 1999.

SECTION 5.  Emergency clause.