HBA-BSM H.B. 2317 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2317 By: Talton Criminal Jurisprudence 4/12/2001 Introduced BACKGROUND AND PURPOSE Under current Texas law, a person may plead guilty or nolo contendere in a plea bargaining situation if the appeal is of a jurisdictional defect, an issue was raised by written motion and ruled upon before trial, or the court granted permission to appeal. However, some people view many of these appeals as frivolous and an economic burden on the counties hearing such appeals, as well as an attempt by the defendant to avoid transfer to the institutional division of the Texas Department of Criminal Justice. House Bill 2317 provides that a defendant convicted in a criminal case is entitled to appeal the decision unless the defendant entered a plea of guilty or nolo contendere, in which case the permission of the trial court is required for a defendant to appeal. 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. ANALYSIS House Bill 2317 amends the Code of Criminal Procedure to provide that a defendant convicted in a criminal case is entitled to appeal the conviction in the manner provided by current law and the Rules of Appellate Procedure unless the convicted defendant enters a plea of not guilty or nolo contendere. In this case the defendant is only entitled to appeal with the permission of the trial court unless the punishment in the case exceeds the punishment agreed by the defendant and the attorney representing the state. EFFECTIVE DATE September 1, 2001.