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.