By Garcia H.B. No. 2889
75R5590 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the mandatory transfer to criminal court of certain
1-3 children who engage in conduct that constitutes a felony offense.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.02(m), Family Code, is amended to read
1-6 as follows:
1-7 (m) Notwithstanding any other provision of this section, the
1-8 juvenile court shall waive its exclusive original jurisdiction and
1-9 transfer a child to the appropriate district court or criminal
1-10 court for criminal proceedings if:
1-11 (1) the child:
1-12 (A) has previously been transferred to a
1-13 district court or criminal district court for criminal proceedings
1-14 under this section, unless:
1-15 (i) [(A)] the child was not indicted in
1-16 the matter transferred by the grand jury;
1-17 (ii) [(B)] the child was found not guilty
1-18 in the matter transferred;
1-19 (iii) [(C)] the matter transferred was
1-20 dismissed with prejudice; or
1-21 (iv) [(D)] the child was convicted in the
1-22 matter transferred, the conviction was reversed on appeal, and the
1-23 appeal is final; and
1-24 (B) [(2) the child] is alleged to have violated
2-1 a penal law of the grade of felony; or
2-2 (2) the child:
2-3 (A) is alleged to have violated a penal law of
2-4 the grade of felony;
2-5 (B) was 14 years of age or older at the time the
2-6 child is alleged to have committed the violation; and
2-7 (C) has on two previous occasions been
2-8 adjudicated for conduct that violated a penal law of the grade of
2-9 felony.
2-10 SECTION 2. (a) The change in law made by this Act applies
2-11 only to conduct that occurs on or after the effective date of this
2-12 Act. Conduct violating a penal law of the state occurs on or after
2-13 the effective date of this Act if every element of the violation
2-14 occurs on or after that date.
2-15 (b) Conduct that occurs before the effective date of this
2-16 Act is covered by the law in effect at the time the conduct
2-17 occurred, and the former law is continued in effect for that
2-18 purpose.
2-19 SECTION 3. This Act takes effect September 1, 1997.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.