1-1 By: Patterson S.B. No. 228 1-2 (In the Senate - Filed January 16, 1995; January 18, 1995, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 March 21, 1995, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; March 21, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to trial by jury in the adjudication of certain children. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subsection (c), Section 54.03, Family Code, is 1-11 amended to read as follows: 1-12 (c) Trial shall be by jury unless jury is waived in 1-13 accordance with Section 51.09 of this code. Notwithstanding the 1-14 waiver of a jury trial under Section 51.09 of this code, the court 1-15 shall order trial by jury if requested by the prosecuting attorney. 1-16 If the hearing is on a petition that has been approved by the grand 1-17 jury under Section 53.045 of this code, the jury must consist of 12 1-18 persons. Jury verdicts under this title must be unanimous. 1-19 SECTION 2. This Act takes effect September 1, 1995. 1-20 SECTION 3. (a) The change in law made by this Act applies 1-21 only to the adjudication of a child for conduct that occurs on or 1-22 after the effective date of this Act. Conduct violating a penal 1-23 law of the state occurs on or after the effective date of this Act 1-24 if every element of the violation occurs on or after that date. 1-25 (b) Conduct that occurs before the effective date of this 1-26 Act is covered by the law in effect at the time the conduct 1-27 occurred, and the former law is continued in effect for that 1-28 purpose. 1-29 SECTION 4. The importance of this legislation and the 1-30 crowded condition of the calendars in both houses create an 1-31 emergency and an imperative public necessity that the 1-32 constitutional rule requiring bills to be read on three several 1-33 days in each house be suspended, and this rule is hereby suspended. 1-34 * * * * *