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.