SRC-CDH S.B. 62 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 62
By: Patterson
Criminal Justice
2-11-97
As Filed


DIGEST 

Currently, a juvenile 14 years of age or older who commits a felony
offense with a firearm or other deadly weapon may be certified for trial
as an adult only if the prosecutor seeks adult certification and the judge
agrees.  The increase in violent offenses committed by Texas youth has
raised concerns that juveniles who commit serious crimes can escape
serious punishment because they are juveniles. This legislation requires
that a juvenile court automatically waive its jurisdiction for any
juvenile 14 or older alleged to have violated a penal law of the grade of
felony involving a firearm, knife, or prohibited weapon; and that the case
be transferred to the appropriate district or criminal court for criminal
proceeding. 

PURPOSE

As proposed, S.B. 62 establishes the waiver of juvenile court jurisdiction
over certain children. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.09(b), Family Code, to establish the
conditions by which the statement of a child is admissible in evidence in
any future proceeding concerning the matter about which the statement was
given if the statement shows that the child has at some time prior to the
making thereof received a warning from a magistrate that a juvenile court
may waive its jurisdiction and the child may be tried as an adult, except
that the juvenile court is required to waive its jurisdiction and the
child can be tried as an adult if the child is alleged to have violated a
penal law of the grade of felony; was 14 years of age or older at the time
the child is alleged to have committed the offense; and used or exhibited
a firearm, knife, or prohibited weapon during the commission of the
offense.  Makes conforming changes. 

SECTION 2.  Amends Section 54.02, Family Code, by amending Subsection (m)
and adding Subsection (o), to require a juvenile court to waive its
original jurisdiction and transfer a child to the appropriate district or
criminal court for criminal proceedings if the child is alleged to have
violated a penal law of the grade of felony; was 14 years of age or older
at the time the child is alleged to have committed the offense; and used
or exhibited a firearm, knife, or prohibited weapon during the commission
of the conduct.  Defines "firearm," "knife," and "prohibited weapon."
Makes conforming changes.  

SECTION 3.  Amends Section 8.07(a), Penal Code, to make conforming and
standard recodification changes.  

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 1997.

SECTION 6.  Emergency clause.