By De La Garza H.B. No. 440
74R2693 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to decreasing the age of criminal responsibility for
1-3 offenses committed by minors under the Alcoholic Beverage Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 8.07(a) and (b), Penal Code, are amended
1-6 to read as follows:
1-7 (a) A person may not be prosecuted for or convicted of any
1-8 offense that he committed when younger than 15 years of age except:
1-9 (1) perjury and aggravated perjury when it appears by
1-10 proof that he had sufficient discretion to understand the nature
1-11 and obligation of an oath;
1-12 (2) a violation of a penal statute cognizable under
1-13 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
1-14 (Article 6701l-4, Vernon's Texas Civil Statutes), except conduct
1-15 which violates the laws of this state prohibiting driving while
1-16 intoxicated or under the influence of intoxicating liquor (first or
1-17 subsequent offense) or driving while under the influence of any
1-18 narcotic drug or of any other drug to a degree which renders him
1-19 incapable of safely driving a vehicle (first or subsequent
1-20 offense);
1-21 (3) a violation of a motor vehicle traffic ordinance
1-22 of an incorporated city or town in this state;
1-23 (4) a misdemeanor punishable by fine only other than
1-24 public intoxication; <or>
2-1 (5) a violation of a penal ordinance of a political
2-2 subdivision; or
2-3 (6) a violation of a penal statute contained in
2-4 Chapter 106, Alcoholic Beverage Code, committed by a person eight
2-5 years of age or older.
2-6 (b) Unless the juvenile court waives jurisdiction and
2-7 certifies the individual for criminal prosecution, a person may not
2-8 be prosecuted for or convicted of any offense committed before
2-9 reaching 17 years of age except:
2-10 (1) perjury and aggravated perjury when it appears by
2-11 proof that he had sufficient discretion to understand the nature
2-12 and obligation of an oath;
2-13 (2) a violation of a penal statute cognizable under
2-14 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
2-15 (Article 6701l-4, Vernon's Texas Civil Statutes), except conduct
2-16 which violates the laws of this state prohibiting driving while
2-17 intoxicated or under the influence of intoxicating liquor (first or
2-18 subsequent offense) or driving while under the influence of any
2-19 narcotic drug or of any other drug to a degree which renders him
2-20 incapable of safely driving a vehicle (first or subsequent
2-21 offense);
2-22 (3) a violation of a motor vehicle traffic ordinance
2-23 of an incorporated city or town in this state;
2-24 (4) a misdemeanor punishable by fine only other than
2-25 public intoxication; <or>
2-26 (5) a violation of a penal ordinance of a political
2-27 subdivision; or
3-1 (6) a violation of a penal statute contained in
3-2 Chapter 106, Alcoholic Beverage Code, committed by a person eight
3-3 years of age or older.
3-4 SECTION 2. (a) The change in law made by this Act applies
3-5 only to an offense committed on or after the effective date of this
3-6 Act. For purposes of this section, an offense is committed before
3-7 the effective date of this Act if any element of the offense occurs
3-8 before that date.
3-9 (b) An offense committed before the effective date of this
3-10 Act is covered by the law in effect when the offense was committed,
3-11 and the former law is continued in effect for that purpose.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.