By De La Garza H.B. No. 490
74R2806 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to juvenile court jurisdiction over and disposition of
1-3 certain children younger than 10 years of age.
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) eight <ten> years of age or older and under
1-9 17 years of age; or
1-10 (B) seventeen years of age or older and under 18
1-11 years of age who is alleged or found to have engaged in delinquent
1-12 conduct or conduct indicating a need for supervision as a result of
1-13 acts committed before becoming 17 years of age.
1-14 SECTION 2. Chapter 53, Family Code, is amended by adding
1-15 Section 53.035 to read as follows:
1-16 Sec. 53.035. CHILD YOUNGER THAN 10 YEARS OF AGE. (a) This
1-17 section applies only to a child taken into custody or detained for
1-18 engaging in conduct before the child's 10th birthday and, to the
1-19 extent of a conflict, prevails over any other provision of this
1-20 title.
1-21 (b) A child to whom this section applies may not:
1-22 (1) be referred to the grand jury under Section
1-23 53.045;
1-24 (2) be transferred to a district court or criminal
2-1 district court for criminal proceedings under Section 54.02; or
2-2 (3) be committed to the Texas Youth Commission.
2-3 (c) The statement of a child to whom this section applies is
2-4 not admissible in evidence under any circumstances. The warnings
2-5 under Section 51.09 are not required to be given to the child.
2-6 SECTION 3. This Act takes effect September 1, 1995.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.