By: Brown S.B. No. 106
73R1589 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of drive-by shooting, the
1-3 prosecution of a juvenile for that offense, and the seizure of
1-4 contraband used in that offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 42, Penal Code, is amended by
1-7 adding Section 42.15 to read as follows:
1-8 Sec. 42.15. DRIVE-BY SHOOTING. (a) A person commits an
1-9 offense if the person recklessly discharges a firearm from a motor
1-10 vehicle into a place where:
1-11 (1) the actor knows or reasonably should know that an
1-12 individual may be present; and
1-13 (2) an individual is present and is endangered by the
1-14 discharge.
1-15 (b) A person commits an offense if the person operates a
1-16 motor vehicle while and from which another commits an offense under
1-17 Subsection (a) of this section.
1-18 (c) An offense under Subsection (a) of this section is a
1-19 felony of the first degree.
1-20 (d) An offense under Subsection (b) of this section is a
1-21 felony of the third degree.
1-22 (e) In this section, "motor vehicle" has the meaning
1-23 assigned by Section 32.36(a)(2) of this code.
1-24 (f) If conduct constituting an offense under this section
2-1 also constitutes an offense under another section of this code, the
2-2 person may be prosecuted under either section.
2-3 SECTION 2. Sections 8.07(a) and (b), Penal Code, are amended
2-4 to read as follows:
2-5 (a) A person may not be prosecuted for or convicted of any
2-6 offense that he committed when younger than 15 years of age except:
2-7 (1) perjury and aggravated perjury when it appears by
2-8 proof that he had sufficient discretion to understand the nature
2-9 and obligation of an oath;
2-10 (2) a violation of a penal statute cognizable under
2-11 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
2-12 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
2-13 conduct which violates the laws of this state prohibiting driving
2-14 while intoxicated or under the influence of intoxicating liquor
2-15 (first or subsequent offense) or driving while under the influence
2-16 of any narcotic drug or of any other drug to a degree which renders
2-17 him incapable of safely driving a vehicle (first or subsequent
2-18 offense);
2-19 (3) a violation of a motor vehicle traffic ordinance
2-20 of an incorporated city or town in this state;
2-21 (4) a misdemeanor punishable by fine only other than
2-22 public intoxication; <or>
2-23 (5) a violation of a penal ordinance of a political
2-24 subdivision; or
2-25 (6) an offense under Section 42.15 of this code, if
2-26 the person was at least 13 years of age when the person committed
2-27 the offense.
3-1 (b) Unless the juvenile court waives jurisdiction and
3-2 certifies the individual for criminal prosecution, a person may not
3-3 be prosecuted for or convicted of any offense committed before
3-4 reaching 17 years of age except:
3-5 (1) perjury and aggravated perjury when it appears by
3-6 proof that he had sufficient discretion to understand the nature
3-7 and obligation of an oath;
3-8 (2) a violation of a penal statute cognizable under
3-9 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
3-10 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
3-11 conduct which violates the laws of this state prohibiting driving
3-12 while intoxicated or under the influence of intoxicating liquor
3-13 (first or subsequent offense) or driving while under the influence
3-14 of any narcotic drug or of any other drug to a degree which renders
3-15 him incapable of safely driving a vehicle (first or subsequent
3-16 offense);
3-17 (3) a violation of a motor vehicle traffic ordinance
3-18 of an incorporated city or town in this state;
3-19 (4) a misdemeanor punishable by fine only other than
3-20 public intoxication; <or>
3-21 (5) a violation of a penal ordinance of a political
3-22 subdivision; or
3-23 (6) an offense under Section 42.15 of this code, if
3-24 the person was at least 13 years of age when the person committed
3-25 the offense.
3-26 SECTION 3. Sections 54.02(a) and (j), Family Code, are
3-27 amended to read as follows:
4-1 (a) The juvenile court may waive its exclusive original
4-2 jurisdiction and transfer a child to the appropriate district court
4-3 or criminal district court for criminal proceedings if:
4-4 (1) the child is alleged to have violated a penal law
4-5 of the grade of felony;
4-6 (2) the child was:
4-7 (A) 15 years of age or older at the time he is
4-8 alleged to have committed the offense and the offense is not listed
4-9 in Paragraph (B) of this subdivision; or
4-10 (B) 13 years of age or older at the time the
4-11 child is alleged to have committed the offense, if the child is
4-12 alleged to have committed an offense under Section 42.15, Penal
4-13 Code;
4-14 (3) <and> no adjudication hearing has been conducted
4-15 concerning the <that> offense; and
4-16 (4) <(3)> after full investigation and hearing the
4-17 juvenile court determines that there is probable cause to believe
4-18 that the child before the court committed the offense alleged and
4-19 that because of the seriousness of the offense or the background of
4-20 the child the welfare of the community requires criminal
4-21 proceedings.
4-22 (j) The juvenile court may waive its exclusive original
4-23 jurisdiction and transfer a person to the appropriate district
4-24 court or criminal district court for criminal proceedings if:
4-25 (1) the person is 18 years of age or older;
4-26 (2) the person was:
4-27 (A) 15 years of age or older and under 17 years
5-1 of age at the time he is alleged to have committed a felony other
5-2 than a felony listed in Paragraph (B) of this subdivision; or
5-3 (B) 13 years of age or older and under 17 years
5-4 of age at the time the person is alleged to have committed an
5-5 offense under Section 42.15, Penal Code;
5-6 (3) no adjudication concerning the alleged offense has
5-7 been made or no adjudication hearing concerning the offense has
5-8 been conducted;
5-9 (4) the juvenile court finds from a preponderance of
5-10 the evidence that after due diligence of the state it was not
5-11 practicable to proceed in juvenile court before the 18th birthday
5-12 of the person because:
5-13 (A) the state did not have probable cause to
5-14 proceed in juvenile court and new evidence has been found since the
5-15 18th birthday of the person; or
5-16 (B) the person could not be found; and
5-17 (5) the juvenile court determines that there is
5-18 probable cause to believe that the child before the court committed
5-19 the offense alleged.
5-20 SECTION 4. Article 59.01(2), Code of Criminal Procedure, is
5-21 amended to read as follows:
5-22 (2) "Contraband" means property of any nature,
5-23 including real, personal, tangible, or intangible, that is:
5-24 (A) used in the commission of:
5-25 (i) any first or second degree felony
5-26 under the Penal Code;
5-27 (ii) any felony under Chapters 29, 30, 31,
6-1 or 32, Penal Code, or any felony under Section 42.15, Penal Code;
6-2 or
6-3 (iii) any felony under The Securities Act
6-4 (Article 581-1 et seq., Vernon's Texas Civil Statutes);
6-5 (B) used or intended to be used in the
6-6 commission of:
6-7 (i) any felony under Chapter 481, Health
6-8 and Safety Code (Texas Controlled Substances Act);
6-9 (ii) any felony under Chapter 483, Health
6-10 and Safety Code; or
6-11 (iii) a felony under Article 350, Revised
6-12 Statutes;
6-13 (C) the proceeds gained from the commission of a
6-14 felony listed in Paragraph (A) or (B) of this subdivision; or
6-15 (D) acquired with proceeds gained from the
6-16 commission of a felony listed in Paragraph (A) or (B) of this
6-17 subdivision.
6-18 SECTION 5. (a) The change in law made by this Act applies
6-19 only to an offense committed on or after the effective date of this
6-20 Act. For purposes of this section, an offense is committed before
6-21 the effective date of this Act if any element of the offense occurs
6-22 before the effective date.
6-23 (b) An offense committed before the effective date of this
6-24 Act is covered by the law in effect when the offense was committed,
6-25 and the former law is continued in effect for this purpose.
6-26 SECTION 6. This Act takes effect September 1, 1993.
6-27 SECTION 7. The importance of this legislation and the
7-1 crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended.