By Kamel                                               H.B. No. 141

      75R770 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the mandatory transfer to criminal court of children

 1-3     engaging in criminal behavior involving the use of a firearm.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 54, Family Code, is amended by adding

 1-6     Section 54.0205 to read as follows:

 1-7           Sec. 54.0205.  MANDATORY TRANSFER FOR USE OF FIREARM.

 1-8     (a)  Notwithstanding any other provision of this chapter, the

 1-9     juvenile court shall waive its exclusive original jurisdiction and

1-10     transfer a child to the appropriate district court or criminal

1-11     court for criminal proceedings if the child is alleged to have

1-12     engaged in behavior involving the use of a firearm as that term is

1-13     defined by Section 46.01, Penal Code.

1-14           (b)  A mandatory transfer under this section may be made

1-15     without conducting the study required in discretionary transfer

1-16     proceedings by Section 54.02(d).

1-17           (c)  The requirements of Section 54.02(b) that the summons

1-18     state that the purpose of the hearing is to consider discretionary

1-19     transfer to criminal court does not apply to a transfer proceeding

1-20     under this section.  In a proceeding under this section, it is

1-21     sufficient that the summons provide fair notice that the purpose of

1-22     the hearing is to consider mandatory transfer to criminal court.

1-23           SECTION 2.  (a)  This Act takes effect September 1, 1997.

1-24           (b)  This Act applies only to conduct that occurs on or after

 2-1     the effective date of this Act.  Conduct violating the penal law of

 2-2     this state occurs on or after the effective date of this Act if any

 2-3     element of the violation occurs on or after that date.

 2-4           (c)  Conduct that occurs before the effective date of this

 2-5     Act is governed by the law in effect at the time the conduct

 2-6     occurred, and that law is continued in effect for that purpose.

 2-7           SECTION 3.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.