73R6001 JMM-D By De La Garza, et al. H.B. No. 291 Substitute the following for H.B. No. 291: By Sadler C.S.H.B. No. 291 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the waiver of jurisdiction of a juvenile court and 1-3 transfer of 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. The change in law made by this Act applies only 2-4 to a petition for transfer of a case from a juvenile court to a 2-5 district or criminal court that is filed on or after the effective 2-6 date of this Act. A petition filed before the effective date of 2-7 this Act is covered by the law in effect at the time the petition 2-8 was filed and the former law is continued in effect for that 2-9 purpose. 2-10 SECTION 3. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended, 2-15 and that this Act take effect and be in force from and after its 2-16 passage, and it is so enacted.