By Hochberg H.B. No. 134
75R18(1) NSC
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for and the jurisdiction over certain
1-3 traffic offenses committed by minors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 729.001, Transportation Code, is amended
1-6 by amending Subsection (c) and adding Subsection (d) to read as
1-7 follows:
1-8 (c) Except as provided by Subsection (d), an [An] offense
1-9 under this section is a misdemeanor punishable by a fine not to
1-10 exceed $100.
1-11 (d) If an offense under a statute listed under Subsection
1-12 (a) is a felony, as that term is defined by Section 1.07, Penal
1-13 Code, an offense under this section in violation of the statute is
1-14 a felony punishable in the same manner as provided by the statute.
1-15 SECTION 2. Section 51.03(a), Family Code, is amended to read
1-16 as follows:
1-17 (a) Delinquent conduct is:
1-18 (1) conduct, other than a traffic offense of the grade
1-19 of misdemeanor, that violates a penal law of this state or of the
1-20 United States punishable by imprisonment or by confinement in jail;
1-21 (2) conduct that violates a reasonable and lawful
1-22 order of a juvenile court entered under Section 54.04 or 54.05 of
1-23 this code, except an order prohibiting the following conduct:
1-24 (A) a violation of the penal laws of this state
2-1 of the grade of misdemeanor that is punishable by fine only or a
2-2 violation of the penal ordinances of any political subdivision of
2-3 this state;
2-4 (B) the unexcused voluntary absence of a child
2-5 from school; or
2-6 (C) the voluntary absence of a child from his
2-7 home without the consent of his parent or guardian for a
2-8 substantial length of time or without intent to return;
2-9 (3) conduct that violates a lawful order of a
2-10 municipal court or justice court under circumstances that would
2-11 constitute contempt of that court; or
2-12 (4) conduct that violates the laws of this state
2-13 prohibiting driving while intoxicated or under the influence of
2-14 intoxicating liquor (third or subsequent offense) or driving while
2-15 under the influence of any narcotic drug or of any other drug to
2-16 the degree that renders the child incapable of safely driving a
2-17 vehicle (third or subsequent offense).
2-18 SECTION 3. Section 51.08(a), Family Code, is amended to read
2-19 as follows:
2-20 (a) If the defendant in a criminal proceeding is a child who
2-21 is charged with an offense other than perjury, a traffic offense of
2-22 the grade of misdemeanor, a misdemeanor punishable by fine only
2-23 other than public intoxication, or a violation of a penal ordinance
2-24 of a political subdivision, unless he has been transferred to
2-25 criminal court under Section 54.02 of this code, the court
2-26 exercising criminal jurisdiction shall transfer the case to the
2-27 juvenile court, together with a copy of the accusatory pleading and
2-28 other papers, documents, and transcripts of testimony relating to
2-29 the case, and shall order that the child be taken to the place of
2-30 detention designated by the juvenile court, or shall release him to
3-1 the custody of his parent, guardian, or custodian, to be brought
3-2 before the juvenile court at a time designated by that court.
3-3 SECTION 4. Sections 52.027(a), (f), (g), and (i), Family
3-4 Code, are amended to read as follows:
3-5 (a) A child may be released to the child's parent, guardian,
3-6 custodian, or other responsible adult as provided in Section
3-7 52.02(a)(1) if the child is taken into custody:
3-8 (1) for a traffic offense of the grade of misdemeanor;
3-9 (2) for an offense other than public intoxication
3-10 punishable by fine only; or
3-11 (3) as a status offender or nonoffender.
3-12 (f) A child taken into custody for a traffic offense of the
3-13 grade of misdemeanor or an offense, other than public intoxication,
3-14 punishable by fine only may be presented or detained in a detention
3-15 facility designated by the juvenile court under Section 52.02(a)(3)
3-16 only if:
3-17 (1) the child's non-traffic case is transferred to the
3-18 juvenile court by a municipal court or justice court under Section
3-19 51.08(b); or
3-20 (2) the child is referred to the juvenile court by a
3-21 municipal court or justice court for contempt of court under
3-22 Subsection (h).
3-23 (g) A law enforcement officer may issue a field release
3-24 citation, as provided by Article 14.06, Code of Criminal Procedure,
3-25 in place of taking a child into custody for a traffic offense of
3-26 the grade of misdemeanor or an offense, other than public
3-27 intoxication, punishable by fine only.
3-28 (i) In this section, "child" means a person who is at least
3-29 10 years of age and younger than 18 years of age and who:
3-30 (1) is charged with or convicted of a traffic offense
4-1 of the grade of misdemeanor or an offense, other than public
4-2 intoxication, punishable by fine only as a result of an act
4-3 committed before becoming 17 years of age;
4-4 (2) is a status offender and was taken into custody as
4-5 a status offender for conduct engaged in before becoming 17 years
4-6 of age; or
4-7 (3) is a nonoffender and became a nonoffender before
4-8 becoming 17 years of age.
4-9 SECTION 5. Section 8.07(a), Penal Code, is amended to read
4-10 as follows:
4-11 (a) A person may not be prosecuted for or convicted of any
4-12 offense that he committed when younger than 15 years of age except:
4-13 (1) perjury and aggravated perjury when it appears by
4-14 proof that he had sufficient discretion to understand the nature
4-15 and obligation of an oath;
4-16 (2) a violation of a penal statute of the grade of
4-17 misdemeanor under Chapter 729, Transportation Code [cognizable
4-18 under Chapter 302, Acts of the 55th Legislature, Regular Session,
4-19 1957 (Article 6701l-4, Vernon's Texas Civil Statutes)];
4-20 (3) a violation of a motor vehicle traffic ordinance
4-21 of an incorporated city or town in this state;
4-22 (4) a misdemeanor punishable by fine only other than
4-23 public intoxication;
4-24 (5) a violation of a penal ordinance of a political
4-25 subdivision; or
4-26 (6) a violation of a penal statute that is, or is a
4-27 lesser included offense of, a capital felony, an aggravated
4-28 controlled substance felony, or a felony of the first degree for
4-29 which the person is transferred to the court under Section 54.02,
4-30 Family Code, for prosecution if the person committed the offense
5-1 when 14 years of age or older.
5-2 SECTION 6. (a) The change in law made by this Act applies
5-3 only to conduct violating a penal law of this state that occurs on
5-4 or after the effective date of this Act. For purposes of this
5-5 section, conduct occurs before the effective date of this Act if
5-6 any element of the conduct occurs before the effective date.
5-7 (b) Conduct that occurs before the effective date of this
5-8 Act is covered by the law in effect when the conduct occurred, and
5-9 the former law is continued in effect for this purpose.
5-10 SECTION 7. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.