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 * * * * *