By: Shapiro S.B. No. 25
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the classification of manslaughter and intoxication
1-3 manslaughter as violent offenses punishable by a determinate
1-4 sentence.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (a), Section 53.045, Family Code, is
1-7 amended to read as follows:
1-8 (a) Except as provided by Subsection (e), the prosecuting
1-9 attorney may refer the petition to the grand jury of the county in
1-10 which the court in which the petition is filed presides if the
1-11 petition alleges that the child engaged in delinquent conduct that
1-12 constitutes habitual felony conduct as described by Section 51.031
1-13 or that included the violation of any of the following provisions:
1-14 (1) Section 19.02, Penal Code (murder);
1-15 (2) Section 19.03, Penal Code (capital murder);
1-16 (3) Section 19.04, Penal Code (manslaughter);
1-17 (4) Section 20.04, Penal Code (aggravated kidnapping);
1-18 (5) [(4)] Section 22.011, Penal Code (sexual assault)
1-19 or Section 22.021, Penal Code (aggravated sexual assault);
1-20 (6) [(5)] Section 22.02, Penal Code (aggravated
1-21 assault);
1-22 (7) [(6)] Section 29.03, Penal Code (aggravated
1-23 robbery);
1-24 (8) [(7)] Section 22.04, Penal Code (injury to a
1-25 child, elderly individual, or disabled individual), if the offense
2-1 is punishable as a felony, other than a state jail felony;
2-2 (9) [(8)] Section 22.05(b), Penal Code (felony deadly
2-3 conduct involving discharging a firearm);
2-4 (10) [(9)] Subchapter D, Chapter 481, Health and
2-5 Safety Code, if the conduct constitutes a felony of the first
2-6 degree or an aggravated controlled substance felony (certain
2-7 offenses involving controlled substances);
2-8 (11) [(10)] Section 15.03, Penal Code (criminal
2-9 solicitation);
2-10 (12) [(11)] Section 21.11(a)(1), Penal Code (indecency
2-11 with a child);
2-12 (13) [(12)] Section 15.031, Penal Code (criminal
2-13 solicitation of a minor);
2-14 (14) [(13)] Section 15.01, Penal Code (criminal
2-15 attempt), if the offense attempted was an offense under Section
2-16 19.02, Penal Code (murder) or Section 19.03, Penal Code (capital
2-17 murder), or an offense listed by Section 3g(a)(1), Article 42.12,
2-18 Code of Criminal Procedure; [or]
2-19 (15) [(14)] Section 28.02, Penal Code (arson), if
2-20 bodily injury or death is suffered by any person by reason of the
2-21 commission of the conduct; or
2-22 (16) Section 49.08, Penal Code (intoxication
2-23 manslaughter).
2-24 SECTION 2. This Act takes effect September 1, 2001, and
2-25 applies only to conduct that occurs on or after that date. Conduct
2-26 that occurs before the effective date of this Act is covered by the
3-1 law in effect at the time the conduct occurred, and the former law
3-2 is continued in effect for that purpose. For purposes of this
3-3 section, conduct violating a penal law of the state occurred before
3-4 the effective date of this Act if any element of the violation
3-5 occurred before that date.