SRC-JBJ S.B. 25 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 25
77R1244 JMC-DBy: Shapiro
Criminal Justice
1/1/23/2001
As Filed

       
DIGEST AND PURPOSE 

Under current Texas law, a juvenile is eligible for a determinate sentence
if it is proven that the juvenile committed certain  violent or habitual
offenses, but manslaughter is not included.  As proposed, S.B. 25
classifies manslaughter as habitual felony conduct and authorizes a
prosecuting attorney to request a grand jury to certify that a juvenile,
having committed manslaughter, be eligible to receive a determinate
sentence when adjudicated. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS
        
SECTION 1. Amends Section 53.045(a), Family Code, to authorize the
prosecuting attorney, except as provided by Subsection (e), to refer the
petition to the grand jury of the county in which the court in which the
petition is filed presides if the petition alleges that the child engaged
in delinquent conduct that constitutes habitual felony conduct as described
by Section 51.031 or that included the violation of certain provisions,
including Section 19.04 (Manslaughter), Penal Code.  Redesignates
Subdivisions 3-14 to Subdivisions 415.  

SECTION 2. Effective date: September 1, 2001.
                      Makes application of this Act prospective.