By Hochberg, Gray H.B. No. 210
74R1160 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain offenses in regard to which
1-3 the defendant is criminally responsible for the conduct of a person
1-4 younger than 17 years of age.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
1-7 by adding Section 12.48 to read as follows:
1-8 Sec. 12.48. PENALTY IF CRIME COMMITTED BY MINOR FOR WHOM
1-9 ACTOR IS CRIMINALLY RESPONSIBLE. (a) Except as provided by
1-10 Subsection (c), the punishment prescribed for an offense is
1-11 increased in the manner provided by Subsection (b) if it is shown
1-12 on the trial of the offense that:
1-13 (1) the defendant is guilty of the offense because the
1-14 defendant is criminally responsible for the conduct of another
1-15 under Section 7.02 of this code;
1-16 (2) the defendant was 19 years of age or older at the
1-17 time the person committed the conduct; and
1-18 (3) the person for whose conduct the defendant is
1-19 criminally responsible was younger than 17 years of age at the time
1-20 the person committed the conduct.
1-21 (b) If a defendant described by Subsection (a) is convicted
1-22 of a felony of the first degree, the minimum term of confinement
1-23 otherwise prescribed for the offense is increased from five years
1-24 to 10 years. If the defendant is convicted of an offense other
2-1 than a capital felony or a felony of the first degree, the
2-2 punishment prescribed for the offense is increased to the
2-3 punishment prescribed for the next highest category of offense.
2-4 (c) This section does not apply to an offense for which the
2-5 punishment otherwise prescribed is the punishment for a capital
2-6 felony.
2-7 SECTION 2. Subchapter D, Chapter 481, Health and Safety
2-8 Code, is amended by adding Section 481.1081 to read as follows:
2-9 Sec. 481.1081. PENALTY IF CRIME COMMITTED BY MINOR FOR WHOM
2-10 ACTOR IS CRIMINALLY RESPONSIBLE. (a) The punishment prescribed
2-11 for an offense under this subchapter is increased in the manner
2-12 provided by Subsection (b) if it is shown on the trial of the
2-13 offense that:
2-14 (1) the defendant is guilty of the offense because the
2-15 defendant is criminally responsible for the conduct of another
2-16 under Section 7.02, Penal Code;
2-17 (2) the defendant was 19 years of age or older at the
2-18 time the person committed the conduct; and
2-19 (3) the person for whose conduct the defendant is
2-20 criminally responsible was younger than 17 years of age at the time
2-21 the person committed the conduct.
2-22 (b) If a defendant described by Subsection (a) is convicted
2-23 of a felony of the first degree, the minimum term of confinement
2-24 otherwise imposed for the offense is increased by five years. If
2-25 the defendant is convicted of an offense other than a felony of the
2-26 first degree, the punishment prescribed for the offense is
2-27 increased to the punishment prescribed for the next highest
3-1 category of offense.
3-2 SECTION 3. (a) The change in law made by this Act applies
3-3 only to the punishment for an offense committed on or after the
3-4 effective date of this Act. For purposes of this section, an
3-5 offense is committed before the effective date of this Act if any
3-6 element of the offense occurs before the effective date.
3-7 (b) An offense committed before the effective date of this
3-8 Act is covered by the law in effect when the offense was committed,
3-9 and the former law is continued in effect for this purpose.
3-10 SECTION 4. This Act takes effect September 1, 1995.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.