1-1  By:  Parker                                           S.B. No. 1282
    1-2        (In the Senate - Filed March 17, 1993; March 18, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  May 4, 1993, reported favorably by the following vote:  Yeas 5,
    1-5  Nays 0; May 4, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson                                         x   
   1-11        Sibley                                         x   
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the jurisdiction of the juvenile courts and criminal
   1-18  courts for certain persons.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Subdivision (1), Section 51.02, Family Code, is
   1-21  amended to read as follows:
   1-22              (1)  "Child" means a person who is<:>
   1-23                    <(A)  ten years of age or older and> under 17
   1-24  years of age<;> or a person 17
   1-25                    <(B)  seventeen> years of age or older and under
   1-26  18 years of age who is alleged or found to have engaged in
   1-27  delinquent conduct or conduct indicating a need for supervision as
   1-28  a result of acts committed before becoming 17 years of age.  The
   1-29  term does not include:
   1-30                    (A)  a person who is younger than 10 years of
   1-31  age; or
   1-32                    (B)  a person for whom the juvenile court has
   1-33  waived on or after September 1, 1993, its exclusive original
   1-34  jurisdiction under Section 54.02 of this code and transferred the
   1-35  child to a court for criminal proceedings.
   1-36        SECTION 2.  Subsection (i), Section 54.02, Family Code, is
   1-37  amended to read as follows:
   1-38        (i)  A waiver under this section made on or after September
   1-39  1, 1993, is a waiver of jurisdiction over the child, and the
   1-40  criminal court may not remand the child to the jurisdiction of the
   1-41  juvenile court.  <If the child's case is brought to the attention
   1-42  of the grand jury and the grand jury does not indict for the
   1-43  offense charged in the complaint forwarded by the juvenile court,
   1-44  the district court or criminal district court shall certify the
   1-45  grand jury's failure to indict to the juvenile court.  On receipt
   1-46  of the certification, the juvenile court may resume jurisdiction of
   1-47  the case.>
   1-48        SECTION 3.  Subsection (b), Section 8.07, Penal Code, is
   1-49  amended to read as follows:
   1-50        (b)  Unless the juvenile court waives jurisdiction under
   1-51  Section 54.02, Family Code, and certifies the individual for
   1-52  criminal prosecution or the juvenile court has waived jurisdiction
   1-53  under that section on or after September 1, 1993, and certified the
   1-54  individual for criminal prosecution, a person may not be prosecuted
   1-55  for or convicted of any offense committed before reaching 17 years
   1-56  of age except:
   1-57              (1)  perjury and aggravated perjury when it appears by
   1-58  proof that he had sufficient discretion to understand the nature
   1-59  and obligation of an oath;
   1-60              (2)  a violation of a penal statute cognizable under
   1-61  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
   1-62  as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
   1-63  conduct which violates the laws of this state prohibiting driving
   1-64  while intoxicated or under the influence of intoxicating liquor
   1-65  (first or subsequent offense) or driving while under the influence
   1-66  of any narcotic drug or of any other drug to a degree which renders
   1-67  him incapable of safely driving a vehicle (first or subsequent
   1-68  offense);
    2-1              (3)  a violation of a motor vehicle traffic ordinance
    2-2  of an incorporated city or town in this state;
    2-3              (4)  a misdemeanor punishable by fine only other than
    2-4  public intoxication; or
    2-5              (5)  a violation of a penal ordinance of a political
    2-6  subdivision.
    2-7        SECTION 4.  This Act takes effect September 1, 1993.
    2-8        SECTION 5.  Subsection (i), Section 54.02, Family Code, as in
    2-9  effect immediately before the effective date of this Act, is
   2-10  continued in effect for the resumption of jurisdiction by a
   2-11  juvenile court of a child transferred to a criminal court before
   2-12  the effective date of this Act.
   2-13        SECTION 6.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.
   2-18                               * * * * *
   2-19                                                         Austin,
   2-20  Texas
   2-21                                                         May 4, 1993
   2-22  Hon. Bob Bullock
   2-23  President of the Senate
   2-24  Sir:
   2-25  We, your Committee on Criminal Justice to which was referred S.B.
   2-26  No. 1282, have had the same under consideration, and I am
   2-27  instructed to report it back to the Senate with the recommendation
   2-28  that it do pass and be printed.
   2-29                                                         Whitmire,
   2-30  Chairman
   2-31                               * * * * *
   2-32                               WITNESSES
   2-33                                                  FOR   AGAINST  ON
   2-34  ___________________________________________________________________
   2-35  Name:  Judge Hal Gaither                                 x
   2-36  Representing:  Self
   2-37  City:  Dallas
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   2-39  Name:  James Martin                              x
   2-40  Representing:  Jefferson Co Juv Probation
   2-41  City:  Beaumont
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