I have a transfer hearing for nineteen-year-old against whom there has been a recent allegation of a 2003 sexual assault. The defense is arguing that the rules of procedure as applied in 2003 apply as would 2003 substantive law. I do not see any authority for this argument. I am not sure what the defense wants from the earlier procedure. Does anybody have any ideas about this?

You should insist that they give you a better idea what they're talking about.

Acts 2003, 78th Leg., ch. 283, added subsecs. (l) to (n) to 54.11 (and lots of things to other parts of the JJC).

Sections 62(b) and (c) of Acts 2003, 78th Leg., ch. 283 provide:

“(b) Except as provided by Subsections (d), (e), and (g) of this section, this Act applies only to conduct that occurs on or after the effective date of this Act. Conduct violating the penal law of this state occurs on or after the effective date of this Act if any element of the violation occurs on or after that date.

“(c) Conduct that occurs before the effective date of this Act is governed by the law in effect at the time the conduct occurred, and that law is continued in effect for that purpose.”

Also, the 2007 changes to the JJC generally apply only to conduct that occurred after 9/1/07 BUT the 2007 Act does apply to an ORDER issued after that date. 2007 Act at Section 45. I assume the 2005 JJC act has similar effective date language.

Good luck figuring out how that might apply to whatever the defense is going to argue.

Or at least, that's what you should tell the other attorney.

Laws that do not amend substantive law by defining criminal acts or providing for penalties are procedural in nature. Ex parte Johnson, 697 S.W.2d 605, 607 (Tex. Crim. App. 1985). "Procedure" refers to changes in the process by which a criminal case is adjudicated as opposed to changes in the substantive law of crimes. Ex parte Scales, 853 S.W.2d 586, 588 (Tex. Crim. App. 1993). Procedural statutes control pending litigation from their effective date, absent an express provision to the contrary. Ex parte Johnson, 697 S.W.2d at 607-08.