By Wise H.B. No. 3661
76R99 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to perjury by juveniles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.03(c), Family Code, is repealed.
1-5 SECTION 2. Section 51.08(a), Family Code, is amended to read
1-6 as follows:
1-7 (a) If the defendant in a criminal proceeding is a child who
1-8 is charged with an offense other than [perjury,] a traffic offense,
1-9 a misdemeanor punishable by fine only other than public
1-10 intoxication, or a violation of a penal ordinance of a political
1-11 subdivision, unless he has been transferred to criminal court under
1-12 Section 54.02 of this code, the court exercising criminal
1-13 jurisdiction shall transfer the case to the juvenile court,
1-14 together with a copy of the accusatory pleading and other papers,
1-15 documents, and transcripts of testimony relating to the case, and
1-16 shall order that the child be taken to the place of detention
1-17 designated by the juvenile court, or shall release him to the
1-18 custody of his parent, guardian, or custodian, to be brought before
1-19 the juvenile court at a time designated by that court.
1-20 SECTION 3. Section 8.07(a), Penal Code, is amended to read
1-21 as follows:
1-22 (a) A person may not be prosecuted for or convicted of any
1-23 offense that he committed when younger than 15 years of age except:
1-24 (1) [perjury and aggravated perjury when it appears by
2-1 proof that he had sufficient discretion to understand the nature
2-2 and obligation of an oath;]
2-3 [(2)] a violation of a penal statute cognizable under
2-4 Chapter 729, Transportation Code, except for:
2-5 (A) an offense under Section 550.021,
2-6 Transportation Code;
2-7 (B) an offense punishable as a Class B
2-8 misdemeanor under Section 550.022, Transportation Code; or
2-9 (C) an offense punishable as a Class B
2-10 misdemeanor under Section 550.024, Transportation Code;
2-11 (2) [(3)] a violation of a motor vehicle traffic
2-12 ordinance of an incorporated city or town in this state;
2-13 (3) [(4)] a misdemeanor punishable by fine only other
2-14 than public intoxication;
2-15 (4) [(5)] a violation of a penal ordinance of a
2-16 political subdivision; or
2-17 (5) [(6)] a violation of a penal statute that is, or
2-18 is a lesser included offense of, a capital felony, an aggravated
2-19 controlled substance felony, or a felony of the first degree for
2-20 which the person is transferred to the court under Section 54.02,
2-21 Family Code, for prosecution if the person committed the offense
2-22 when 14 years of age or older.
2-23 SECTION 4. (a) This Act takes effect September 1, 1999.
2-24 (b) This Act applies only to conduct that occurs on or after
2-25 the effective date of this Act. Conduct violating the penal law of
2-26 this state occurs on or after the effective date of this Act if any
2-27 element of the violation occurs on or after that date.
3-1 (c) Conduct that occurs before the effective date of this
3-2 Act is governed by the law in effect at the time the conduct
3-3 occurred, and that law is continued in effect for that purpose.
3-4 SECTION 5. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.