By Patterson S.B. No. 76
74R222 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of juvenile courts over certain
1-3 persons who have previously been certified as adults.
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 for whom the juvenile court
1-8 has or may exercise jurisdiction under Sections 51.035 and 51.036
1-9 <who is:>
1-10 <(A) ten years of age or older and under 17
1-11 years of age; or>
1-12 <(B) seventeen years of age or older and under
1-13 18 years of age who is alleged or found to have engaged in
1-14 delinquent conduct or conduct indicating a need for supervision as
1-15 a result of acts committed before becoming 17 years of age>.
1-16 SECTION 2. Chapter 51, Family Code, is amended by adding
1-17 Sections 51.035 and 51.036 to read as follows:
1-18 Sec. 51.035. PERSONS FOR WHOM THE JUVENILE COURT HAS
1-19 JURISDICTION: AGE LIMITS. (a) The juvenile court has
1-20 jurisdiction in a suit under this title over a person:
1-21 (1) younger than 17 years of age; or
1-22 (2) 17 years of age or older and under 18 years of age
1-23 who is alleged or found to have engaged in delinquent conduct or
1-24 conduct indicating a need for supervision as a result of acts
2-1 committed before becoming 17 years of age.
2-2 (b) The juvenile court does not have jurisdiction over a
2-3 person younger than 10 years of age.
2-4 Sec. 51.036. PERSONS FOR WHOM THE JUVENILE COURT HAS
2-5 JURISDICTION: EXCEPTIONS. (a) The juvenile court does not have
2-6 jurisdiction over a person for whom a criminal court has original
2-7 jurisdiction unless the criminal court waives its jurisdiction and
2-8 transfers the child to the juvenile court under Section 51.08.
2-9 (b) The juvenile court does not have jurisdiction over a
2-10 person for whom the court has previously waived its exclusive
2-11 original jurisdiction under Section 54.02 and transferred the
2-12 person to a court for criminal proceedings. The juvenile court
2-13 resumes jurisdiction over the person transferred if the person is
2-14 found not guilty in the matter transferred or the matter is
2-15 dismissed with prejudice.
2-16 SECTION 3. Section 51.06(b), Family Code, is amended to read
2-17 as follows:
2-18 (b) An application for a writ of habeas corpus brought by or
2-19 on behalf of a person <child> who has been committed to an
2-20 institution under the jurisdiction of the Texas Youth Commission
2-21 and which attacks the validity of the judgment of commitment shall
2-22 be brought in the county in which the court that entered the
2-23 judgment of commitment is located.
2-24 SECTION 4. Sections 51.08(b) and (c), Family Code, are
2-25 amended to read as follows:
2-26 (b) A court in which there is pending a complaint against a
2-27 person whose age is within limits described by Section 51.035
3-1 <child> alleging a violation of a misdemeanor offense punishable by
3-2 fine only other than a traffic offense or public intoxication or a
3-3 violation of a penal ordinance of a political subdivision other
3-4 than a traffic offense:
3-5 (1) shall waive its original jurisdiction and refer
3-6 the person <a child> to juvenile court if the person <child> has
3-7 previously been convicted of:
3-8 (A) two or more misdemeanors punishable by fine
3-9 only other than a traffic offense or public intoxication;
3-10 (B) two or more violations of a penal ordinance
3-11 of a political subdivision other than a traffic offense; or
3-12 (C) one or more of each of the types of
3-13 misdemeanors described in Paragraph (A) or (B) of this subdivision;
3-14 and
3-15 (2) may waive its original jurisdiction and refer the
3-16 person <a child> to juvenile court if the person <child>:
3-17 (A) has not previously been convicted of a
3-18 misdemeanor punishable by fine only other than a traffic offense or
3-19 public intoxication or a violation of a penal ordinance of a
3-20 political subdivision other than a traffic offense; or
3-21 (B) has previously been convicted of fewer than
3-22 two misdemeanors punishable by fine only other than a traffic
3-23 offense or public intoxication or two violations of a penal
3-24 ordinance of a political subdivision other than a traffic offense.
3-25 (c) A court in which there is pending a complaint against a
3-26 person whose age is within limits described by Section 51.035
3-27 <child> alleging a violation of a misdemeanor offense punishable by
4-1 fine only other than a traffic offense or public intoxication or a
4-2 violation of a penal ordinance of a political subdivision other
4-3 than a traffic offense shall notify the juvenile court of the
4-4 county in which the court is located of the pending complaint and
4-5 shall furnish to the juvenile court a copy of the final disposition
4-6 of any matter for which the court does not waive its original
4-7 jurisdiction under Subsection (b) of this section.
4-8 SECTION 5. Section 51.15(c), Family Code, is amended to read
4-9 as follows:
4-10 (c) Except as provided by this subsection, fingerprint and
4-11 photograph files or records of children shall be kept separate from
4-12 those of adults, and fingerprints or photographs known to be those
4-13 of a child shall be maintained on a local basis only and not sent
4-14 to a central state or federal depository. A person's <If a child
4-15 has been reported as missing by a parent, guardian, or conservator
4-16 of that child or a child has escaped from the custody of a juvenile
4-17 detention facility, the Texas Youth Commission, or any other agency
4-18 to which the child has been committed, the child's> fingerprints
4-19 and photograph may be sent to and indexed into the files of the
4-20 Department of Public Safety and the Federal Bureau of Investigation
4-21 to aid in the location and identification of the person if the
4-22 person:
4-23 (1) is younger than 18 years of age and has been
4-24 reported as missing by a parent, guardian, or conservator of that
4-25 child;
4-26 (2) is a child who has escaped from the custody of a
4-27 juvenile detention facility or any other facility to which the
5-1 child has been committed; or
5-2 (3) has escaped from the custody of the Texas Youth
5-3 Commission <child>.
5-4 SECTION 6. Sections 53.01(a) and (b), Family Code, are
5-5 amended to read as follows:
5-6 (a) On referral of a person presumed to be a child or the
5-7 person's <a child's> case to the office or official designated by
5-8 the juvenile court, the intake officer, probation officer, or other
5-9 person authorized by the court shall conduct a preliminary
5-10 investigation to determine whether:
5-11 (1) the person referred to juvenile court is a child
5-12 within the meaning of this title;
5-13 (2) there is probable cause to believe the person
5-14 <child> engaged in delinquent conduct or conduct indicating a need
5-15 for supervision; and
5-16 (3) further proceedings in the case are in the
5-17 interest of the person <child> or the public.
5-18 (b) If it is determined that the person is not a child, or
5-19 there is no probable cause, or further proceedings are not
5-20 warranted, the person <child> shall immediately be released and
5-21 proceedings terminated.
5-22 SECTION 7. Sections 54.02(h) and (i), Family Code, are
5-23 amended to read as follows:
5-24 (h) If the juvenile court waives jurisdiction, it shall
5-25 state specifically in the order its reasons for waiver and certify
5-26 its action, including the written order and findings of the court,
5-27 and shall transfer the person <child> to the appropriate court for
6-1 criminal proceedings. On transfer of the person <child> for
6-2 criminal proceedings, the person <he> shall be dealt with as an
6-3 adult and in accordance with the Code of Criminal Procedure. The
6-4 transfer of custody is an arrest. <The court to which the child is
6-5 transferred shall determine if good cause exists for an examining
6-6 trial. If there is no good cause for an examining trial, the court
6-7 shall refer the case to the grand jury. If there is good cause for
6-8 an examining trial, the court shall conduct an examining trial and
6-9 may remand the child to the jurisdiction of the juvenile court.>
6-10 (i) A waiver under this section is a waiver of jurisdiction
6-11 over the child and the criminal court may not remand the child to
6-12 the jurisdiction of the juvenile court. <If the child's case is
6-13 brought to the attention of the grand jury and the grand jury does
6-14 not indict for the offense charged in the complaint forwarded by
6-15 the juvenile court, the district court or criminal district court
6-16 shall certify the grand jury's failure to indict to the juvenile
6-17 court. On receipt of the certification, the juvenile court may
6-18 resume jurisdiction of the case.>
6-19 SECTION 8. Sections 54.021(b), (c), (d), (f), and (g),
6-20 Family Code, are amended to read as follows:
6-21 (b) A justice court may exercise jurisdiction over a person
6-22 <child> alleged to have engaged in conduct indicating a need for
6-23 supervision by engaging in conduct described in Section 51.03(b)(2)
6-24 in a case where the juvenile court has waived its original
6-25 jurisdiction under this section. A justice court may exercise
6-26 jurisdiction under this section without regard to whether the
6-27 justice of the peace for the court is a licensed attorney or the
7-1 hearing for a case is before a jury consisting of six persons.
7-2 (c) On a finding that a person <child> has engaged in
7-3 conduct described by Section 51.03(b)(2), the justice court shall
7-4 enter an order appropriate to the nature of the conduct.
7-5 (d) On a finding by the justice court that the person
7-6 <child> has engaged in truant conduct and that the conduct is of a
7-7 recurrent nature, the court may enter an order that includes one or
7-8 more of the following provisions requiring that:
7-9 (1) the person <child> attend a preparatory class for
7-10 the high school equivalency examination provided under Section
7-11 11.35, Education Code, if the court determines that the person
7-12 <child> is too old to do well in a formal classroom environment;
7-13 (2) the person <child> attend a special program that
7-14 the court determines to be in the best interests of the person
7-15 <child>, including an alcohol and drug abuse program;
7-16 (3) the person <child> and the person's <child's>
7-17 parents, managing conservator, or guardian attend a class for
7-18 students at risk of dropping out of school designed for both the
7-19 person <child> and the person's <child's> parents, managing
7-20 conservator, or guardian;
7-21 (4) the person <child> complete reasonable community
7-22 service requirements;
7-23 (5) the person's <child's> driver's license be
7-24 suspended in the manner provided by Section 54.042 of this code;
7-25 (6) the person <child> attend school without unexcused
7-26 absences; or
7-27 (7) the person <child> participate in a tutorial
8-1 program provided by the school attended by the person <child> in
8-2 the academic subjects in which the person <child> is enrolled for a
8-3 total number of hours ordered by the court.
8-4 (f) A school attendance officer may refer a person <child>
8-5 alleged to have engaged in conduct described in Section 51.03(b)(2)
8-6 of this code to the justice court in the precinct where the person
8-7 <child> resides or in the precinct where the person's <child's>
8-8 school is located if the juvenile court having exclusive original
8-9 jurisdiction has waived its jurisdiction as provided by Subsection
8-10 (a) of this section for all cases involving conduct described by
8-11 Section 51.03(b)(2) of this code.
8-12 (g) A court having jurisdiction under this section shall
8-13 endorse on the summons issued to the parent, guardian, or custodian
8-14 of the person <child> who is the subject of the hearing an order
8-15 directing the parent, guardian, or custodian to appear personally
8-16 at the hearing and directing the person having custody of the
8-17 person <child> to bring the person <child> to the hearing.
8-18 SECTION 9. Sections 54.04(e) and (k), Family Code, are
8-19 amended to read as follows:
8-20 (e) The Texas Youth Commission shall accept a person <child>
8-21 properly committed to it by a juvenile court even though the person
8-22 <child> may be 17 years of age or older at the time of commitment.
8-23 (k) The period to which a court or jury may sentence a
8-24 person <child> to commitment to the Texas Youth Commission with a
8-25 transfer to the Texas Department of Criminal Justice under
8-26 Subsection (d)(3) of this section applies without regard to whether
8-27 the person <child> has previously been adjudicated as having
9-1 engaged in delinquent conduct.
9-2 SECTION 10. Section 57.002, Family Code, is amended to read
9-3 as follows:
9-4 Sec. 57.002. VICTIM'S RIGHTS. A victim, guardian of a
9-5 victim, or close relative of a deceased victim is entitled to the
9-6 following rights within the juvenile justice system:
9-7 (1) the right to receive from law enforcement agencies
9-8 adequate protection from harm and threats of harm arising from
9-9 cooperation with prosecution efforts;
9-10 (2) the right to have the court or person appointed by
9-11 the court take the safety of the victim or the victim's family into
9-12 consideration as an element in determining whether the child should
9-13 be detained before the child's conduct is adjudicated;
9-14 (3) the right, if requested, to be informed of
9-15 relevant court proceedings and to be informed in a timely manner if
9-16 those court proceedings have been canceled or rescheduled;
9-17 (4) the right to be informed, when requested, by the
9-18 court or a person appointed by the court concerning the procedures
9-19 in the juvenile justice system, including general procedures
9-20 relating to the preliminary investigation and informal adjustment
9-21 of a case;
9-22 (5) the right to provide pertinent information to a
9-23 juvenile court conducting a disposition hearing concerning the
9-24 impact of the offense on the victim and the victim's family by
9-25 testimony, written statement, or any other manner before the court
9-26 renders its disposition;
9-27 (6) the right to receive information regarding
10-1 compensation to victims as provided by the Crime Victims
10-2 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
10-3 including information related to the costs that may be compensated
10-4 under that Act and the amount of compensation, eligibility for
10-5 compensation, and procedures for application for compensation under
10-6 that Act, the payment of medical expenses under Section 1, Chapter
10-7 299, Acts of the 63rd Legislature, Regular Session, 1973 (Article
10-8 4447m, Vernon's Texas Civil Statutes), for a victim of a sexual
10-9 assault, and when requested, to referral to available social
10-10 service agencies that may offer additional assistance;
10-11 (7) the right to be informed, upon request, of
10-12 procedures for release under supervision, to participate in the
10-13 release process, to be notified, if requested, of release
10-14 proceedings concerning the person <child>, to provide to the Texas
10-15 Youth Commission for inclusion in the person's <child's> file
10-16 information to be considered by the commission before the release
10-17 under supervision of the person <child>, and to be notified, if
10-18 requested, of the person's <child's> release;
10-19 (8) the right to be provided with a waiting area,
10-20 separate or secure from other witnesses, including the child
10-21 alleged to have committed the conduct and relatives of the child,
10-22 before testifying in any proceeding concerning the child, or, if a
10-23 separate waiting area is not available, other safeguards should be
10-24 taken to minimize the victim's contact with the child and the
10-25 child's relatives and witnesses, before and during court
10-26 proceedings;
10-27 (9) the right to prompt return of any property of the
11-1 victim that is held by a law enforcement agency or the attorney for
11-2 the state as evidence when the property is no longer required for
11-3 that purpose;
11-4 (10) the right to have the attorney for the state
11-5 notify the employer of the victim, if requested, of the necessity
11-6 of the victim's cooperation and testimony in a proceeding that may
11-7 necessitate the absence of the victim from work for good cause; and
11-8 (11) the right to be present at all public court
11-9 proceedings related to the conduct of the child, subject to the
11-10 approval of the court.
11-11 SECTION 11. Sections 8.07(a) and (b), Penal Code, are
11-12 amended to read as follows:
11-13 (a) A person may not be prosecuted for or convicted of any
11-14 offense that he committed when younger than 15 years of age except:
11-15 (1) perjury and aggravated perjury when it appears by
11-16 proof that he had sufficient discretion to understand the nature
11-17 and obligation of an oath;
11-18 (2) a violation of a penal statute cognizable under
11-19 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
11-20 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
11-21 which violates the laws of this state prohibiting driving while
11-22 intoxicated or under the influence of intoxicating liquor (first or
11-23 subsequent offense) or driving while under the influence of any
11-24 narcotic drug or of any other drug to a degree which renders him
11-25 incapable of safely driving a vehicle (first or subsequent
11-26 offense)>;
11-27 (3) a violation of a motor vehicle traffic ordinance
12-1 of an incorporated city or town in this state;
12-2 (4) a misdemeanor punishable by fine only other than
12-3 public intoxication; or
12-4 (5) a violation of a penal ordinance of a political
12-5 subdivision.
12-6 (b) Unless the juvenile court waives jurisdiction under
12-7 Section 54.02, Family Code, and certifies the individual for
12-8 criminal prosecution or the juvenile court has previously waived
12-9 jurisdiction under that section and certified the individual for
12-10 criminal prosecution, a person may not be prosecuted for or
12-11 convicted of any offense committed before reaching 17 years of age
12-12 except an offense described by Subsections (a)(1)-(5)<:>
12-13 <(1) perjury and aggravated perjury when it appears by
12-14 proof that he had sufficient discretion to understand the nature
12-15 and obligation of an oath;>
12-16 <(2) a violation of a penal statute cognizable under
12-17 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
12-18 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
12-19 conduct which violates the laws of this state prohibiting driving
12-20 while intoxicated or under the influence of intoxicating liquor
12-21 (first or subsequent offense) or driving while under the influence
12-22 of any narcotic drug or of any other drug to a degree which renders
12-23 him incapable of safely driving a vehicle (first or subsequent
12-24 offense);>
12-25 <(3) a violation of a motor vehicle traffic ordinance
12-26 of an incorporated city or town in this state;>
12-27 <(4) a misdemeanor punishable by fine only other than
13-1 public intoxication; or>
13-2 <(5) a violation of a penal ordinance of a political
13-3 subdivision>.
13-4 SECTION 12. This Act takes effect September 1, 1995.
13-5 SECTION 13. (a) Sections 1, 2, and 7 of this Act apply only
13-6 to a person who engages in delinquent conduct or conduct indicating
13-7 a need for supervision under Title 3, Family Code, on or after the
13-8 effective date of this Act. Delinquent conduct or conduct
13-9 indicating a need for supervision occurs on or after the effective
13-10 date of this Act if every element of the conduct occurs on or after
13-11 that date.
13-12 (b) A person who engages in delinquent conduct or conduct
13-13 indicating a need for supervision under Title 3, Family Code,
13-14 before the effective date of this Act is governed by the law in
13-15 effect at the time the conduct occurred, and that law is continued
13-16 in effect for that purpose.
13-17 (c) This section does not require the juvenile court to
13-18 transfer a person to a court of criminal jurisdiction because the
13-19 person has been transferred to a criminal court for an offense
13-20 committed before the effective date of this Act.
13-21 SECTION 14. Section 5 of this Act applies to the files and
13-22 records of any person, without regard to whether the person engages
13-23 in delinquent conduct or conduct indicating a need for supervision
13-24 under Title 3, Family Code, before, on, or after the effective date
13-25 of this Act.
13-26 SECTION 15. (a) Section 9 of this Act applies only to the
13-27 prosecution of an offense committed on or after the effective date
14-1 of this Act. For purposes of this section, an offense is committed
14-2 before the effective date of this Act if any element of the offense
14-3 occurs before the effective date.
14-4 (b) An offense committed before the effective date of this
14-5 Act is covered by the law in effect when the offense was committed,
14-6 and the former law is continued in effect for that purpose.
14-7 SECTION 16. The importance of this legislation and the
14-8 crowded condition of the calendars in both houses create an
14-9 emergency and an imperative public necessity that the
14-10 constitutional rule requiring bills to be read on three several
14-11 days in each house be suspended, and this rule is hereby suspended.