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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