By:  Parker                                           S.B. No. 1282
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the jurisdiction of the juvenile courts and criminal
    1-2  courts for certain persons.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivision (1), Section 51.02, Family Code, is
    1-5  amended to read as follows:
    1-6              (1)  "Child" means a person who is<:>
    1-7                    <(A)  ten years of age or older and> under 17
    1-8  years of age<;> or a person 17
    1-9                    <(B)  seventeen> years of age or older and under
   1-10  18 years of age who is alleged or found to have engaged in
   1-11  delinquent conduct or conduct indicating a need for supervision as
   1-12  a result of acts committed before becoming 17 years of age.  The
   1-13  term does not include:
   1-14                    (A)  a person who is younger than 10 years of
   1-15  age; or
   1-16                    (B)  a person for whom the juvenile court has
   1-17  waived on or after September 1, 1993, its exclusive original
   1-18  jurisdiction under Section 54.02 of this code and transferred the
   1-19  child to a court for criminal proceedings.
   1-20        SECTION 2.  Subsection (i), Section 54.02, Family Code, is
   1-21  amended to read as follows:
   1-22        (i)  A waiver under this section made on or after September
   1-23  1, 1993, is a waiver of jurisdiction over the child, and the
   1-24  criminal court may not remand the child to the jurisdiction of the
    2-1  juvenile court.  <If the child's case is brought to the attention
    2-2  of the grand jury and the grand jury does not indict for the
    2-3  offense charged in the complaint forwarded by the juvenile court,
    2-4  the district court or criminal district court shall certify the
    2-5  grand jury's failure to indict to the juvenile court.  On receipt
    2-6  of the certification, the juvenile court may resume jurisdiction of
    2-7  the case.>
    2-8        SECTION 3.  Subsection (b), Section 8.07, Penal Code, is
    2-9  amended to read as follows:
   2-10        (b)  Unless the juvenile court waives jurisdiction under
   2-11  Section 54.02, Family Code, and certifies the individual for
   2-12  criminal prosecution or the juvenile court has waived jurisdiction
   2-13  under that section on or after September 1, 1993, and certified the
   2-14  individual for criminal prosecution, a person may not be prosecuted
   2-15  for or convicted of any offense committed before reaching 17 years
   2-16  of age except:
   2-17              (1)  perjury and aggravated perjury when it appears by
   2-18  proof that he had sufficient discretion to understand the nature
   2-19  and obligation of an oath;
   2-20              (2)  a violation of a penal statute cognizable under
   2-21  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
   2-22  as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
   2-23  conduct which violates the laws of this state prohibiting driving
   2-24  while intoxicated or under the influence of intoxicating liquor
   2-25  (first or subsequent offense) or driving while under the influence
   2-26  of any narcotic drug or of any other drug to a degree which renders
   2-27  him incapable of safely driving a vehicle (first or subsequent
    3-1  offense);
    3-2              (3)  a violation of a motor vehicle traffic ordinance
    3-3  of an incorporated city or town in this state;
    3-4              (4)  a misdemeanor punishable by fine only other than
    3-5  public intoxication; or
    3-6              (5)  a violation of a penal ordinance of a political
    3-7  subdivision.
    3-8        SECTION 4.  This Act takes effect September 1, 1993.
    3-9        SECTION 5.  Subsection (i), Section 54.02, Family Code, as in
   3-10  effect immediately before the effective date of this Act, is
   3-11  continued in effect for the resumption of jurisdiction by a
   3-12  juvenile court of a child transferred to a criminal court before
   3-13  the effective date of this Act.
   3-14        SECTION 6.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.