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  Section 51.03(c), Family Code, is repealed.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.