By: Shields H.B. No. 2246
73R5441 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminal responsibility of a person who is 13 years
1-3 of age or older and who intentionally inflicts serious bodily
1-4 injury on another by the use of a deadly weapon.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 8.07(b) and (d), Penal Code, are amended
1-7 to read as follows:
1-8 (b) Unless the juvenile court waives jurisdiction and
1-9 certifies the individual for criminal prosecution, a person may not
1-10 be prosecuted for or convicted of any offense committed before
1-11 reaching 17 years of age except:
1-12 (1) perjury and aggravated perjury when it appears by
1-13 proof that he had sufficient discretion to understand the nature
1-14 and obligation of an oath;
1-15 (2) a violation of a penal statute cognizable under
1-16 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
1-17 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
1-18 conduct which violates the laws of this state prohibiting driving
1-19 while intoxicated or under the influence of intoxicating liquor
1-20 (first or subsequent offense) or driving while under the influence
1-21 of any narcotic drug or of any other drug to a degree which renders
1-22 him incapable of safely driving a vehicle (first or subsequent
1-23 offense);
1-24 (3) a violation of a motor vehicle traffic ordinance
2-1 of an incorporated city or town in this state;
2-2 (4) a misdemeanor punishable by fine only other than
2-3 public intoxication; <or>
2-4 (5) a violation of a penal ordinance of a political
2-5 subdivision; or
2-6 (6) a violation of any penal statute if during the
2-7 commission of the offense or the immediate flight from the scene of
2-8 the offense the person committing the offense intentionally
2-9 inflicted serious bodily injury on another by the use of a deadly
2-10 weapon, if the person was 13 years of age or older when the offense
2-11 was committed.
2-12 (d) No person may, in any case, be punished by death for an
2-13 offense committed while he was younger than 16 <17> years.
2-14 SECTION 2. Section 51.02(1), Family Code, is amended to read
2-15 as follows:
2-16 (1) "Child" means a person younger than <who is:>
2-17 <(A) ten years of age or older and under> 17
2-18 years of age or a person<; or>
2-19 <(B)> seventeen years of age or older and under
2-20 18 years of age who is alleged or found to have engaged in
2-21 delinquent conduct or conduct indicating a need for supervision as
2-22 a result of acts committed before becoming 17 years of age. The
2-23 term does not include:
2-24 (A) a person who is younger than 10 years of
2-25 age; or
2-26 (B) a person who is alleged in a complaint to
2-27 have committed, or is under indictment for, intentionally
3-1 inflicting serious bodily injury by the use of a deadly weapon as
3-2 described by Section 51.021 of this code when the person was 13
3-3 years of age or older except that the exclusion applies only to
3-4 detention and proceedings with respect to the specified offense.
3-5 SECTION 3. Chapter 51, Family Code, is amended by adding
3-6 Section 51.021 to read as follows:
3-7 Sec. 51.021. INTENTIONAL INFLICTION OF SERIOUS BODILY INJURY
3-8 BY USE OF DEADLY WEAPON. In this title, a person intentionally
3-9 inflicts serious bodily injury by the use of a deadly weapon if the
3-10 person violates any penal statute if, during the commission of the
3-11 offense or the immediate flight from the scene of the offense, the
3-12 person intentionally inflicts serious bodily injury, as that term
3-13 is defined by Section 1.07(a)(34), Penal Code, on another by the
3-14 use of a deadly weapon, as that term is defined by Section
3-15 1.07(a)(11), Penal Code.
3-16 SECTION 4. Chapter 51, Family Code, is amended by adding
3-17 Section 51.145 to read as follows:
3-18 Sec. 51.145. REMOVAL OF CERTAIN RECORDS ON FAILURE TO
3-19 PROSECUTE. (a) Any record, including a file, fingerprint, or
3-20 photograph, relating to a person who was the subject of a complaint
3-21 or indictment alleging the intentional infliction of serious bodily
3-22 injury by the use of a deadly weapon as described by Section 51.021
3-23 of this code and who was 13 years of age or older and under 17
3-24 years of age when the offense was committed shall be sent to the
3-25 juvenile court of the county in which the complaint was filed or in
3-26 which the indictment was returned if the complaint is dismissed or
3-27 the indictment is quashed.
4-1 (b) The juvenile court that receives a record sent under
4-2 Subsection (a) of this section shall retain the record as a
4-3 juvenile court record. If the juvenile court receives notice that
4-4 the person to which the record applies is again charged with the
4-5 original offense, the court shall return the record to the person
4-6 or agency from which the record was received.
4-7 SECTION 5. Section 52.02(a), Family Code, is amended to read
4-8 as follows:
4-9 (a) A person taking a child into custody, without
4-10 unnecessary delay and without first taking the child to any place
4-11 other than a juvenile processing office designated under Section
4-12 52.025 of this code, shall do one of the following:
4-13 (1) if the child is 13 years of age or older and is
4-14 arrested for the intentional infliction of serious bodily injury by
4-15 the use of a deadly weapon as described by Section 51.021 of this
4-16 code reasonably believed by the person taking the child into
4-17 custody to have occurred when the child was 13 years of age or
4-18 older but under 17 years of age, and the person executes a
4-19 complaint alleging that the child committed the offense during that
4-20 time, bring the child to a jail or other detention facility for
4-21 adult offenders;
4-22 (2) release the child to a parent, guardian, custodian
4-23 of the child, or other responsible adult upon that person's promise
4-24 to bring the child before the juvenile court as requested by the
4-25 court;
4-26 (3) <(2)> bring the child before the office or
4-27 official designated by the juvenile court if there is probable
5-1 cause to believe that the child engaged in delinquent conduct or
5-2 conduct indicating a need for supervision;
5-3 (4) <(3)> bring the child to a detention facility
5-4 designated by the juvenile court;
5-5 (5) <(4)> bring the child to a medical facility if the
5-6 child is believed to suffer from a serious physical condition or
5-7 illness that requires prompt treatment; or
5-8 (6) <(5)> dispose of the case under Section 52.03 of
5-9 this code.
5-10 SECTION 6. (a) The change in law made by this Act applies
5-11 only to an offense committed on or after the effective date of this
5-12 Act. For purposes of this section, an offense is committed before
5-13 the effective date of this Act if any element of the offense occurs
5-14 before the effective date.
5-15 (b) An offense committed before the effective date of this
5-16 Act is covered by the law in effect when the offense was committed,
5-17 and the former law is continued in effect for this purpose.
5-18 SECTION 7. This Act takes effect September 1, 1993.
5-19 SECTION 8. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.