By: Parker S.B. No. 1282
73R6471 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of the juvenile courts and criminal
1-3 courts for certain persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.02(1), Family Code, is amended to read
1-6 as follows:
1-7 (1) "Child" means a person who is<:>
1-8 <(A) ten years of age or older and> under 17
1-9 years of age<;> or a person 17
1-10 <(B) seventeen> years of age or older and under
1-11 18 years of age who is alleged or found to have engaged in
1-12 delinquent conduct or conduct indicating a need for supervision as
1-13 a result of acts committed before becoming 17 years of age. The
1-14 term does not include:
1-15 (A) a person who is younger than 10 years of
1-16 age; or
1-17 (B) a person for whom the juvenile court has
1-18 waived on or after September 1, 1993, its exclusive original
1-19 jurisdiction under Section 54.02 of this code and transferred the
1-20 child to a court for criminal proceedings.
1-21 SECTION 2. Section 54.02(i), Family Code, is amended to read
1-22 as follows:
1-23 (i) A waiver under this section made on or after September
1-24 1, 1993, is a waiver of jurisdiction over the child and the
2-1 criminal court may not remand the child to the jurisdiction of the
2-2 juvenile court. <If the child's case is brought to the attention
2-3 of the grand jury and the grand jury does not indict for the
2-4 offense charged in the complaint forwarded by the juvenile court,
2-5 the district court or criminal district court shall certify the
2-6 grand jury's failure to indict to the juvenile court. On receipt
2-7 of the certification, the juvenile court may resume jurisdiction of
2-8 the case.>
2-9 SECTION 3. Section 8.07(b), Penal Code, is amended to read
2-10 as follows:
2-11 (b) Unless the juvenile court waives jurisdiction under
2-12 Section 54.02, Family Code, and certifies the individual for
2-13 criminal prosecution or the juvenile court has waived jurisdiction
2-14 under that section on or after September 1, 1993, and certified the
2-15 individual for criminal prosecution, a person may not be prosecuted
2-16 for or convicted of any offense committed before reaching 17 years
2-17 of age except:
2-18 (1) perjury and aggravated perjury when it appears by
2-19 proof that he had sufficient discretion to understand the nature
2-20 and obligation of an oath;
2-21 (2) a violation of a penal statute cognizable under
2-22 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
2-23 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
2-24 conduct which violates the laws of this state prohibiting driving
2-25 while intoxicated or under the influence of intoxicating liquor
2-26 (first or subsequent offense) or driving while under the influence
2-27 of any narcotic drug or of any other drug to a degree which renders
3-1 him incapable of safely driving a vehicle (first or subsequent
3-2 offense);
3-3 (3) a violation of a motor vehicle traffic ordinance
3-4 of an incorporated city or town in this state;
3-5 (4) a misdemeanor punishable by fine only other than
3-6 public intoxication; or
3-7 (5) a violation of a penal ordinance of a political
3-8 subdivision.
3-9 SECTION 4. This Act takes effect September 1, 1993.
3-10 SECTION 5. Section 54.02(i), Family Code, as in effect
3-11 immediately before the effective date of this Act, is continued in
3-12 effect for the resumption of jurisdiction by a juvenile court of a
3-13 child transferred to a criminal court before the effective date of
3-14 this Act.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.