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


Senate Research CenterC.S.S.B. 25
77R1244 JMC-DBy: Shapiro
Criminal Justice
2/1/2001
Committee Report (Substituted)

       
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 and intoxication manslaughter are not included.
As proposed, C.S.S.B. 25 classifies manslaughter and intoxication
manslaughter as habitual felony conduct and authorizes a prosecuting
attorney to request a grand jury to certify that a juvenile, having
committed manslaughter or intoxication 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 Sections 19.04 (Manslaughter) or 49.08 (Intoxication
Manslaughter), Penal Code.  Redesignates Subdivisions 3-14 to Subdivisions
4-15.  

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by adding Section 49.08 (Intoxication
Manslaughter), Penal Code, to the list of violations included as conduct
that constitutes habitual felony conduct. 

SECTION 2.  No change.