By Carter H.B. No. 2306
74R207 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating certain offenses involving the transfer to or
1-3 possession of weapons by minors, to the waiver of exclusive
1-4 jurisdiction by juvenile courts for certain delinquent children and
1-5 the mandatory transfer of the jurisdiction for those children to
1-6 the criminal courts, and to the disposition of seized weapons.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 8.07(a), Penal Code, is amended to read
1-9 as follows:
1-10 (a) A person may not be prosecuted for or convicted of any
1-11 offense that he committed when younger than 15 years of age except:
1-12 (1) perjury and aggravated perjury when it appears by
1-13 proof that he had sufficient discretion to understand the nature
1-14 and obligation of an oath;
1-15 (2) a violation of a penal statute cognizable under
1-16 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
1-17 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
1-18 which violates the laws of this state prohibiting driving while
1-19 intoxicated or under the influence of intoxicating liquor (first or
1-20 subsequent offense) or driving while under the influence of any
1-21 narcotic drug or of any other drug to a degree which renders him
1-22 incapable of safely driving a vehicle (first or subsequent
1-23 offense)>;
1-24 (3) a violation of a motor vehicle traffic ordinance
2-1 of an incorporated city or town in this state;
2-2 (4) a misdemeanor punishable by fine only other than
2-3 public intoxication; <or>
2-4 (5) a violation of a penal ordinance of a political
2-5 subdivision; or
2-6 (6) a violation of a penal statute of the grade of
2-7 felony, if a juvenile court is required to waive jurisdiction of
2-8 the person under Section 53.041, Family Code.
2-9 SECTION 2. Section 46.04(a), Penal Code, is amended to read
2-10 as follows:
2-11 (a) A person who has been convicted of a felony or
2-12 adjudicated by a juvenile court as having violated a penal law of
2-13 the grade of felony commits an offense if he possesses a firearm:
2-14 (1) after conviction or adjudication and before the
2-15 fifth anniversary of the person's release from confinement
2-16 following conviction or adjudication of the felony or the person's
2-17 release from supervision under community supervision, juvenile
2-18 probation, parole, or mandatory supervision, whichever date is
2-19 later; or
2-20 (2) after the period described by Subdivision (1), at
2-21 any location other than the premises at which the person lives.
2-22 SECTION 3. Section 46.06, Penal Code, is amended by amending
2-23 Subsection (d) and adding Subsection (e) to read as follows:
2-24 (d) Except as provided by Subsection (e), an <An> offense
2-25 under this section is a Class A misdemeanor.
2-26 (e) An offense under Subsection (a)(2) is a felony of the
2-27 third degree if the actor is licensed as a firearms dealer under 18
3-1 U.S.C. Chapter 44.
3-2 SECTION 4. Chapter 46, Penal Code, is amended by adding
3-3 Section 46.071 to read as follows:
3-4 Sec. 46.071. REQUIREMENTS FOR TRANSFER OF FIREARMS BY
3-5 DEALERS. (a) A firearms dealer commits an offense if the dealer
3-6 fails to:
3-7 (1) post in a conspicuous position on the premises
3-8 where the dealer conducts business a sign that contains the
3-9 following warning in block letters not less than one inch in
3-10 height: "IT IS UNLAWFUL TO SELL OR OTHERWISE TRANSFER A FIREARM TO
3-11 A PERSON YOUNGER THAN 18 YEARS OF AGE."; or
3-12 (2) deliver on the sale or transfer of a firearm to
3-13 any person the warning described by Subdivision (1) written in
3-14 block letters not less than one-fourth inch in height.
3-15 (b) An offense under this section is a Class C misdemeanor.
3-16 (c) In this section, "firearms dealer" means a person
3-17 licensed as a firearms dealer under 18 U.S.C. Chapter 44.
3-18 SECTION 5. Chapter 46, Penal Code, is amended by adding
3-19 Section 46.11 to read as follows:
3-20 Sec. 46.11. UNLAWFULLY PERMITTING MINOR TO POSSESS FIREARM.
3-21 (a) A person who is the parent or legal guardian of a minor, other
3-22 than a minor emancipated by court order or marriage, commits an
3-23 offense if the person knows the minor possesses a firearm in
3-24 violation of Section 46.02 or 46.03 and fails to make a reasonable
3-25 effort to prevent the violation.
3-26 (b) An offense under this section is a state jail felony.
3-27 (c) In this section, "minor" is a person younger than 18
4-1 years of age.
4-2 SECTION 6. Chapter 51, Family Code, is amended by adding
4-3 Section 51.161 to read as follows:
4-4 Sec. 51.161. FILES AND RECORDS FOR VIOLATIONS INVOLVING
4-5 FIREARMS. (a) Notwithstanding Section 51.15, local law
4-6 enforcement personnel may fingerprint and photograph a child who is
4-7 taken into custody and is alleged to have:
4-8 (1) used or exhibited a firearm during the commission
4-9 of a violation of a penal law or during immediate flight from the
4-10 commission of the violation; or
4-11 (2) possessed a firearm in violation of a penal law.
4-12 (b) Notwithstanding Section 51.15(c), local law enforcement
4-13 personnel and the juvenile court shall transfer to a central state
4-14 depository for adult records the law enforcement files and records,
4-15 including fingerprints and photographs, and the juvenile court
4-16 record of adjudication of a child who is adjudicated as having:
4-17 (1) used or exhibited a firearm during the commission
4-18 of a violation of a penal law or during immediate flight from the
4-19 commission of the violation; or
4-20 (2) possessed a firearm in violation of a penal law.
4-21 (c) Notwithstanding Sections 51.15 and 51.16, a court may
4-22 not order the sealing or destruction of files or records, including
4-23 fingerprints or photographs, transferred under this section.
4-24 SECTION 7. Section 53.04(d), Family Code, is amended to read
4-25 as follows:
4-26 (d) The petition must state:
4-27 (1) with reasonable particularity the time, place, and
5-1 manner of the acts alleged and the penal law or standard of conduct
5-2 allegedly violated by the acts, including whether the child
5-3 allegedly:
5-4 (A) used or exhibited a firearm during the
5-5 commission of the violation or during the immediate flight from
5-6 commission of the violation; or
5-7 (B) possessed a firearm in violation of a penal
5-8 law;
5-9 (2) the name, age, and residence address, if known, of
5-10 the child who is the subject of the petition;
5-11 (3) the names and residence addresses, if known, of
5-12 the parent, guardian, or custodian of the child and of the child's
5-13 spouse, if any; and
5-14 (4) if the child's parent, guardian, or custodian does
5-15 not reside or cannot be found in the state, or if their places of
5-16 residence are unknown, the name and residence address of any known
5-17 adult relative residing in the county or, if there is none, the
5-18 name and residence address of the known adult relative residing
5-19 nearest to the location of the court.
5-20 SECTION 8. Chapter 53, Family Code, is amended by adding
5-21 Section 53.041 to read as follows:
5-22 Sec. 53.041. MANDATORY WAIVER OF JURISDICTION. The juvenile
5-23 court shall waive the court's exclusive jurisdiction and transfer a
5-24 child to the appropriate district court or criminal district court
5-25 for criminal proceedings if the child:
5-26 (1) is alleged in a petition under Section 53.04 to
5-27 have violated a penal law of the grade of felony;
6-1 (2) was 14 years of age or older at the time the child
6-2 allegedly committed the violation; and
6-3 (3) has three previous adjudications for violations of
6-4 penal laws of the grade of felony, including at least one violation
6-5 in which the child:
6-6 (A) used or exhibited a firearm during the
6-7 commission of the violation or during immediate flight from
6-8 commission of the violation; or
6-9 (B) possessed a firearm.
6-10 SECTION 9. Section 53.045, Family Code, is amended by
6-11 amending Subsection (a) and adding Subsection (f) to read as
6-12 follows:
6-13 (a) Except as provided by Subsections <Subsection> (e) and
6-14 (f) of this section, the prosecuting attorney may refer the
6-15 petition to the grand jury of the county in which the court in
6-16 which the petition is filed presides if the petition alleges that
6-17 the child engaged in delinquent conduct that included:
6-18 (1) the violation of any of the following provisions
6-19 of the Penal Code:
6-20 (A) <(1)> Section 19.02 (murder);
6-21 (B) <(2)> Section 19.03 (capital murder);
6-22 (C) <(3)> Section 20.04 (aggravated kidnapping);
6-23 (D) <(4)> Section 22.021 (aggravated sexual
6-24 assault);
6-25 (E) <(5)> Section 22.02 (aggravated assault), if
6-26 the offense is classified as a felony of the first degree under
6-27 Subsection (b)(2) of that section <22.03 (deadly assault on a law
7-1 enforcement officer, corrections officer, or court participant)>;
7-2 or
7-3 (F) <(6)> Section 15.01 (criminal attempt), if
7-4 the offense attempted was an offense under Section 19.03 (capital
7-5 murder); or
7-6 (2) a violation of a penal law of the grade of felony
7-7 in which the child used or exhibited a firearm during the
7-8 commission of the violation or during immediate flight from
7-9 commission of the violation.
7-10 (f) This section does not apply to a child for whom the
7-11 court has waived jurisdiction and transferred to another court for
7-12 criminal proceedings under Section 53.041.
7-13 SECTION 10. Section 54.041, Family Code, is amended by
7-14 adding Subsection (f) to read as follows:
7-15 (f) If a child is found to have engaged in conduct in
7-16 violation of Section 46.02 or 46.03, Penal Code, the court may
7-17 order the parents, guardian, or custodian of the child to attend
7-18 parent education classes. If the child is found to have engaged in
7-19 conduct in violation of Section 46.02 or 46.03, Penal Code, and
7-20 previously has been found to have violated one of those sections,
7-21 the court may order the child and the parents, guardian, or
7-22 custodian of the child to perform community service, including the
7-23 removal of graffiti or restoration of vandalized private or public
7-24 property.
7-25 SECTION 11. Sections 54.042(a) and (b), Family Code, are
7-26 amended to read as follows:
7-27 (a) A juvenile court, in a disposition hearing under Section
8-1 54.04 of this code, shall:
8-2 (1) order the Department of Public Safety to suspend a
8-3 child's driver's license or permit, or if the child does not have a
8-4 license or permit, to deny the issuance of a license or permit to
8-5 the child if the court finds that the child:
8-6 (A) has engaged in conduct that violates a law
8-7 of this state enumerated in Section 24(a-1), Chapter 173, Acts of
8-8 the 47th Legislature, Regular Session, 1941 (Article 6687b,
8-9 Vernon's Texas Civil Statutes); or
8-10 (B) possessed a firearm in violation of a penal
8-11 law; or
8-12 (2) notify the Department of Public Safety of the
8-13 adjudication, if the court finds that the child has engaged in
8-14 conduct that violates a law of this state enumerated in Section
8-15 24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
8-16 1941 (Article 6687b, Vernon's Texas Civil Statutes).
8-17 (b) The order under Subsection (a)(1) of this section shall
8-18 specify a period of suspension or denial that is:
8-19 (1) until the child reaches the age of 17 or for a
8-20 period of 365 days, whichever is longer; <or>
8-21 (2) if the court finds that the child has engaged in
8-22 conduct violating the laws of this state prohibiting driving while
8-23 intoxicated, by reason of the introduction of alcohol into the
8-24 body, under Article 6701l-1, Revised Statutes, and also determines
8-25 that the child has previously been found to have engaged in conduct
8-26 violating the same laws, until the child reaches the age of 19 or
8-27 for a period of 365 days, whichever is longer; or
9-1 (3) if the court finds that the child has engaged in
9-2 conduct described by Subsection (a)(1)(B) and determines that the
9-3 child has previously been found to have engaged in the same
9-4 conduct, until the child reaches the age of 18 or for a period of
9-5 two years, whichever is longer.
9-6 SECTION 12. Chapter 54, Family Code, is amended by adding
9-7 Section 54.044 to read as follows:
9-8 Sec. 54.044. DISPOSITION OF SEIZED WEAPONS. (a) A weapon
9-9 shall be disposed of as provided by Article 18.19, Code of Criminal
9-10 Procedure, if the weapon is seized in connection with a violation
9-11 of a penal law:
9-12 (1) under Chapter 46, Penal Code, committed by a
9-13 child; or
9-14 (2) in which a child used or exhibited a weapon during
9-15 the commission of the violation or during the immediate flight from
9-16 the commission of the violation.
9-17 (b) A weapon that belongs to the parent, guardian, or
9-18 custodian of a child from whom the weapon is seized under the
9-19 circumstances described by this section may not be considered
9-20 stolen property and disposed of in accordance with Chapter 47, Code
9-21 of Criminal Procedure. Such a weapon may only be held by a law
9-22 enforcement agency under Article 18.19, Code of Criminal Procedure,
9-23 or, if applicable under the terms of that article, disposed of in
9-24 accordance with Article 18.18, Code of Criminal Procedure.
9-25 SECTION 13. Section 51.02, Family Code, is amended by
9-26 adding Subdivision (11) to read as follows:
9-27 (11) "Firearm" has the meaning assigned by Section
10-1 46.01, Penal Code.
10-2 SECTION 14. Section 51.08(a), Family Code, is amended to
10-3 read as follows:
10-4 (a) If the defendant in a criminal proceeding is a child who
10-5 is charged with an offense other than perjury, a traffic offense, a
10-6 misdemeanor punishable by fine only other than public intoxication,
10-7 or a violation of a penal ordinance of a political subdivision,
10-8 unless he has been transferred to criminal court under Section
10-9 53.041 or 54.02 of this code, the court exercising criminal
10-10 jurisdiction shall transfer the case to the juvenile court,
10-11 together with a copy of the accusatory pleading and other papers,
10-12 documents, and transcripts of testimony relating to the case, and
10-13 shall order that the child be taken to the place of detention
10-14 designated by the juvenile court, or shall release him to the
10-15 custody of his parent, guardian, or custodian, to be brought before
10-16 the juvenile court at a time designated by that court.
10-17 SECTION 15. Section 51.09(b), Family Code, as amended by
10-18 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
10-19 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
10-20 Legislature, Regular Session, 1991, and amended to read as follows:
10-21 (b) Notwithstanding any of the provisions of Subsection (a)
10-22 of this section, the statement of a child is admissible in evidence
10-23 in any future proceeding concerning the matter about which the
10-24 statement was given if:
10-25 (1) when the child is in a detention facility or other
10-26 place of confinement or in the custody of an officer, the statement
10-27 is made in writing and the statement shows that the child has at
11-1 some time prior to the making thereof received from a magistrate a
11-2 warning that:
11-3 (A) the child may remain silent and not make any
11-4 statement at all and that any statement that the child makes may be
11-5 used in evidence against the child;
11-6 (B) the child has the right to have an attorney
11-7 present to advise the child either prior to any questioning or
11-8 during the questioning;
11-9 (C) if the child is unable to employ an
11-10 attorney, the child has the right to have an attorney appointed to
11-11 counsel with the child prior to or during any interviews with peace
11-12 officers or attorneys representing the state;
11-13 (D) the child has the right to terminate the
11-14 interview at any time;
11-15 (E) the juvenile court is required to waive its
11-16 jurisdiction and transfer the child to criminal court if:
11-17 (i) a petition is filed in which the child
11-18 is alleged to have violated a penal law of the grade of felony;
11-19 (ii) the child was 14 years of age or
11-20 older at the time the child allegedly committed the violation; and
11-21 (iii) the child has three previous
11-22 adjudications for violations of penal laws of the grade of felony,
11-23 including at least one violation in which the child:
11-24 (a) used or exhibited a firearm
11-25 during the commission of the violation or during immediate flight
11-26 from commission of the violation; or
11-27 (b) possessed a firearm <if the
12-1 child is 15 years of age or older at the time of the violation of a
12-2 penal law of the grade of felony the juvenile court may waive its
12-3 jurisdiction and the child may be tried as an adult>;
12-4 (F) the child may be sentenced to commitment in
12-5 the Texas Youth Commission with a transfer to the institutional
12-6 division of the Texas Department of Criminal Justice for a term not
12-7 to exceed 40 years if the child is found to have engaged in
12-8 delinquent conduct, alleged in a petition approved by a grand jury,
12-9 that included:
12-10 (i) Section 19.02, Penal Code (murder);
12-11 (ii) Section 19.03, Penal Code (capital
12-12 murder);
12-13 (iii) Section 20.04, Penal Code
12-14 (aggravated kidnapping);
12-15 (iv) Section 22.021, Penal Code
12-16 (aggravated sexual assault);
12-17 (v) Section 22.02, Penal Code (aggravated
12-18 assault), if the offense is classified as a felony of the first
12-19 degree under Section 22.02(b)(2), Penal Code;
12-20 (vi) Section 29.03, Penal Code (aggravated
12-21 robbery);
12-22 (vii) Section 15.01, Penal Code (criminal
12-23 attempt), if the offense attempted was an offense under Section
12-24 19.03, Penal Code (capital murder); or
12-25 (viii) a violation of a penal law of the
12-26 grade of felony in which the child used or exhibited a firearm
12-27 during the commission of the violation or during immediate flight
13-1 from commission of the violation; <deadly assault on a law
13-2 enforcement officer, corrections officer, court participant, or
13-3 probation personnel; or>
13-4 <(vi) attempted capital murder; and>
13-5 (G) in addition to the circumstances in which a
13-6 juvenile court is required to waive its jurisdiction and transfer
13-7 the child to criminal court, the juvenile court may waive its
13-8 jurisdiction and transfer the child to criminal court if:
13-9 (i) the child was 15 years of age or older
13-10 at the time the child allegedly committed a felony; and
13-11 (ii) the court determines that there is
13-12 probable cause to believe that the child committed the felony other
13-13 than a felony that requires the court to waive its jurisdiction;
13-14 and
13-15 (H) the statement must be signed in the presence
13-16 of a magistrate by the child with no law enforcement officer or
13-17 prosecuting attorney present, except that a magistrate may require
13-18 a bailiff or a law enforcement officer if a bailiff is not
13-19 available to be present if the magistrate determines that the
13-20 presence of the bailiff or law enforcement officer is necessary for
13-21 the personal safety of the magistrate or other court personnel,
13-22 provided that the bailiff or law enforcement officer may not carry
13-23 a weapon in the presence of the child. The magistrate must be
13-24 fully convinced that the child understands the nature and contents
13-25 of the statement and that the child is signing the same
13-26 voluntarily. If such a statement is taken, the magistrate shall
13-27 sign a written statement verifying the foregoing requisites have
14-1 been met.
14-2 The child must knowingly, intelligently, and voluntarily
14-3 waive these rights prior to and during the making of the statement
14-4 and sign the statement in the presence of a magistrate who must
14-5 certify that he has examined the child independent of any law
14-6 enforcement officer or prosecuting attorney, except as required to
14-7 ensure the personal safety of the magistrate or other court
14-8 personnel, and has determined that the child understands the nature
14-9 and contents of the statement and has knowingly, intelligently, and
14-10 voluntarily waived these rights.
14-11 (2) it be made orally and the child makes a statement
14-12 of facts or circumstances that are found to be true, which conduct
14-13 tends to establish his guilt, such as the finding of secreted or
14-14 stolen property, or the instrument with which he states the offense
14-15 was committed.
14-16 (3) the statement was res gestae of the delinquent
14-17 conduct or the conduct indicating a need for supervision or of the
14-18 arrest.
14-19 SECTION 16. Section 51.09(c), Family Code, as amended by
14-20 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
14-21 Session, 1991, is amended and reenacted to read as follows:
14-22 (c) A warning under Subsection (b)(1)(E), <or> Subsection
14-23 (b)(1)(F), or Subsection (b)(1)(G) of this section is required only
14-24 when applicable to the facts of the case. A failure to warn a
14-25 child under these subsections <Subsection (b)(1)(E) of this
14-26 section> does not render a statement made by the child inadmissible
14-27 unless the child is transferred to a criminal district court under
15-1 Section 53.041 or 54.02 of this code. A failure to warn a child
15-2 under Subsection (b)(1)(F) of this section does not render a
15-3 statement made by the child inadmissible unless the state proceeds
15-4 against the child on a petition approved by a grand jury under
15-5 Section 53.045 of this code.
15-6 SECTION 17. Section 51.12(a), Family Code, is amended to
15-7 read as follows:
15-8 (a) Except after transfer to criminal court for prosecution
15-9 under Section 53.041 or 54.02 of this code, a child shall not be
15-10 detained in or committed to a compartment of a jail or lockup in
15-11 which adults arrested for, charged with, or convicted of crime are
15-12 detained or committed, nor be permitted contact with such persons.
15-13 SECTION 18. Section 51.13(c), Family Code, is amended to
15-14 read as follows:
15-15 (c) A child may not be committed or transferred to a penal
15-16 institution or other facility used primarily for the execution of
15-17 sentences of persons convicted of crime, except:
15-18 (1) for temporary detention in a jail or lockup
15-19 pending juvenile court hearing or disposition under conditions
15-20 meeting the requirements of Section 51.12 of this code;
15-21 (2) after transfer for prosecution in criminal court
15-22 under Section 53.041 or 54.02 of this code; or
15-23 (3) after transfer from the Texas Youth Commission
15-24 under Section 61.084, Human Resources Code.
15-25 SECTION 19. Section 51.14(d), Family Code, is amended to
15-26 read as follows:
15-27 (d) Except as provided by Article 15.27, Code of Criminal
16-1 Procedure, and except for files and records relating to a charge
16-2 for which a child is transferred under Section 53.041 or 54.02 of
16-3 this code to a criminal court for prosecution, the law-enforcement
16-4 files and records are not open to public inspection nor may their
16-5 contents be disclosed to the public, but inspection of the files
16-6 and records is permitted by:
16-7 (1) a juvenile court having the child before it in any
16-8 proceeding;
16-9 (2) an attorney for a party to the proceeding; and
16-10 (3) law-enforcement officers when necessary for the
16-11 discharge of their official duties.
16-12 SECTION 20. Section 51.151, Family Code, is amended to read
16-13 as follows:
16-14 Sec. 51.151. POLYGRAPH EXAMINATION. If a child is taken
16-15 into custody under Section 52.01 of this code, a person may not
16-16 administer a polygraph examination to the child without the consent
16-17 of the child's attorney or the juvenile court unless the child is
16-18 transferred to criminal court for prosecution under Section 53.041
16-19 or 54.02 of this code.
16-20 SECTION 21. Section 51.16(k), Family Code, is amended to
16-21 read as follows:
16-22 (k) A court may not order under this section the sealing of
16-23 files and records concerning a person adjudicated as having engaged
16-24 in delinquent conduct that violated a penal law of the grade of
16-25 felony unless:
16-26 (1) the person is 23 years of age or older;
16-27 (2) the files and records have not been:
17-1 (A) made a part of the person's adult record as
17-2 a result of the use of the files or records after the juvenile
17-3 court under Section 53.041 or 54.02 of this code transferred the
17-4 person to a criminal court for prosecution; or
17-5 (B) used as evidence in the punishment phase of
17-6 a criminal proceeding under Section 3(a), Article 37.07, Code of
17-7 Criminal Procedure; and
17-8 (3) the person has not been convicted of a penal law
17-9 of the grade of felony after becoming age 17.
17-10 SECTION 22. Section 54.02(a), Family Code, is amended to
17-11 read as follows:
17-12 (a) Except as provided by Section 53.041, the <The> juvenile
17-13 court may waive its exclusive original jurisdiction and transfer a
17-14 child to the appropriate district court or criminal district court
17-15 for criminal proceedings if:
17-16 (1) the child is alleged to have violated a penal law
17-17 of the grade of felony;
17-18 (2) the child was 15 years of age or older at the time
17-19 he is alleged to have committed the offense and no adjudication
17-20 hearing has been conducted concerning that offense; and
17-21 (3) after full investigation and hearing the juvenile
17-22 court determines that there is probable cause to believe that the
17-23 child before the court committed the offense alleged and that
17-24 because of the seriousness of the offense or the background of the
17-25 child the welfare of the community requires criminal proceedings.
17-26 SECTION 23. (a) The change in law made by this Act applies
17-27 only to conduct violating a penal law of this state that occurs on
18-1 or after the effective date of this Act. For purposes of this
18-2 section, conduct violating a penal law occurs before the effective
18-3 date of this Act if any element of the violation occurs before the
18-4 effective date.
18-5 (b) Conduct that occurs before the effective date of this
18-6 Act is covered by the law in effect when the conduct occurred, and
18-7 the former law is continued in effect for that purpose.
18-8 SECTION 24. This Act takes effect September 1, 1995.
18-9 SECTION 25. The importance of this legislation and the
18-10 crowded condition of the calendars in both houses create an
18-11 emergency and an imperative public necessity that the
18-12 constitutional rule requiring bills to be read on three several
18-13 days in each house be suspended, and this rule is hereby suspended.