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.