By De La Garza, et al. H.B. No. 291
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a juvenile court and transfer of
1-3 certain children to district or criminal courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.02(h), Family Code, is amended to read
1-6 as follows:
1-7 (h) The waiver of a juvenile court's jurisdiction for one or
1-8 more offenses alleged in a petition or motion for discretionary
1-9 transfer is valid only if the court's final transfer order clearly
1-10 disposes of all offenses alleged in the petition or motion. The
1-11 court may dispose of an offense either by waiving the court's
1-12 jurisdiction over the offense and certifying it for transfer to an
1-13 appropriate court for criminal proceedings or by dismissing the
1-14 offense with prejudice. If the juvenile court waives jurisdiction,
1-15 it shall state specifically in the order its reasons for waiver and
1-16 certify its action, including the written order and findings of the
1-17 court, and shall transfer the child to the appropriate court for
1-18 criminal proceedings. On transfer of the child for criminal
1-19 proceedings, he shall be dealt with as an adult and in accordance
1-20 with the Code of Criminal Procedure. The transfer of custody is an
1-21 arrest. The court to which the child is transferred shall
1-22 determine if good cause exists for an examining trial. If there is
1-23 no good cause for an examining trial, the court shall refer the
1-24 case to the grand jury. If there is good cause for an examining
2-1 trial, the court shall conduct an examining trial and may remand
2-2 the child to the jurisdiction of the juvenile court.
2-3 SECTION 2. Section 51.02(1), Family Code, is amended to read
2-4 as follows:
2-5 (1) "Child" means a person who is<:>
2-6 <(A) ten years of age or older and> under 17
2-7 years of age<;> or a person 17
2-8 <(B) seventeen> years of age or older and under
2-9 18 years of age who is alleged or found to have engaged in
2-10 delinquent conduct or conduct indicating a need for supervision as
2-11 a result of acts committed before becoming 17 years of age. The
2-12 term does not include:
2-13 (A) a person who is younger than 10 years of
2-14 age; or
2-15 (B) a person alleged to have committed an
2-16 offense of the degree of felony for whom the juvenile court has
2-17 previously waived on or after September 1, 1993, its exclusive
2-18 original jurisdiction under Section 54.02 of this code and
2-19 transferred the child to a court for criminal proceedings.
2-20 SECTION 3. Section 54.02(i), Family Code, is amended to read
2-21 as follows:
2-22 (i) A waiver under this section made on or after September
2-23 1, 1993, is a waiver of jurisdiction over the child and the
2-24 criminal court may not remand the child to the jurisdiction of the
2-25 juvenile court. If the child's case is brought to the attention of
2-26 the grand jury and the grand jury does not indict for the offense
2-27 charged in the complaint forwarded by the juvenile court, the
3-1 district court or criminal district court shall certify the grand
3-2 jury's failure to indict to the juvenile court. If the child is
3-3 indicted by the grand jury and is subsequently found not guilty or
3-4 the case is dismissed by the court, the court shall notify the
3-5 juvenile court and the juvenile court shall resume jurisdiction of
3-6 the child. On receipt of the certification, the juvenile court may
3-7 resume jurisdiction of the case.
3-8 SECTION 4. Section 8.07(b), Penal Code, is amended to read
3-9 as follows:
3-10 (b) Unless the juvenile court waives jurisdiction under
3-11 Section 54.02, Family Code, and certifies the individual for
3-12 criminal prosecution or the juvenile court has waived jurisdiction
3-13 under that section on or after September 1, 1993, and certified the
3-14 individual for criminal prosecution, a person may not be prosecuted
3-15 for or convicted of any offense committed before reaching 17 years
3-16 of age except:
3-17 (1) perjury and aggravated perjury when it appears by
3-18 proof that he had sufficient discretion to understand the nature
3-19 and obligation of an oath;
3-20 (2) a violation of a penal statute cognizable under
3-21 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
3-22 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
3-23 conduct which violates the laws of this state prohibiting driving
3-24 while intoxicated or under the influence of intoxicating liquor
3-25 (first or subsequent offense) or driving while under the influence
3-26 of any narcotic drug or of any other drug to a degree which renders
3-27 him incapable of safely driving a vehicle (first or subsequent
4-1 offense);
4-2 (3) a violation of a motor vehicle traffic ordinance
4-3 of an incorporated city or town in this state;
4-4 (4) a misdemeanor punishable by fine only other than
4-5 public intoxication; or
4-6 (5) a violation of a penal ordinance of a political
4-7 subdivision.
4-8 SECTION 5. The change in law made by Section 1 of this Act
4-9 applies only to a petition for transfer of a case from a juvenile
4-10 court to a district or criminal court that is filed on or after the
4-11 effective date of this Act. A petition filed before the effective
4-12 date of this Act is covered by the law in effect at the time the
4-13 petition was filed and the former law is continued in effect for
4-14 that purpose.
4-15 SECTION 6. Sections 2, 3, 4, and 7 of this Act and this
4-16 section take effect September 1, 1993.
4-17 SECTION 7. Section 54.02(i), Family Code, as in effect
4-18 immediately before the effective date of this Act, is continued in
4-19 effect for the resumption of jurisdiction by a juvenile court of a
4-20 child transferred to a criminal court before the effective date of
4-21 this Act.
4-22 SECTION 8. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended,
4-27 and that this Act take effect and be in force from and after its
5-1 passage, and it is so enacted.