By: De La Garza H.B. No. 291
73R1133 JMM-D
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 for discretionary transfer is
1-9 valid only if the court's final transfer order clearly disposes of
1-10 all offenses alleged in the petition by waiving the court's
1-11 jurisdiction over the offense and certifying it for transfer to an
1-12 appropriate court for criminal proceedings or by dismissing the
1-13 adjudication of the offense with prejudice. If the juvenile court
1-14 waives jurisdiction, it shall state specifically in the order its
1-15 reasons for waiver and certify its action, including the written
1-16 order and findings of the court, and shall transfer the child to
1-17 the appropriate court for criminal proceedings. On transfer of the
1-18 child for criminal proceedings, he shall be dealt with as an adult
1-19 and in accordance with the Code of Criminal Procedure. The
1-20 transfer of custody is an arrest. The court to which the child is
1-21 transferred shall determine if good cause exists for an examining
1-22 trial. If there is no good cause for an examining trial, the court
1-23 shall refer the case to the grand jury. If there is good cause for
1-24 an examining trial, the court shall conduct an examining trial and
2-1 may remand the child to the jurisdiction of the juvenile court.
2-2 SECTION 2. The change in law made by this Act applies only
2-3 to a petition for transfer of a case from a juvenile court to a
2-4 district or criminal court that is filed on or after the effective
2-5 date of this Act. A petition filed before the effective date of
2-6 this Act is covered by the law in effect at the time the petition
2-7 was filed and the former law is continued in effect for that
2-8 purpose.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.