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.