By Shapiro                                              S.B. No. 25
         77R1244 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the classification of manslaughter as a violent offense
 1-3     punishable by a determinate sentence.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 53.045(a), Family Code, is amended to read
 1-6     as follows:
 1-7           (a)  Except as provided by Subsection (e), the prosecuting
 1-8     attorney may refer the petition to the grand jury of the county in
 1-9     which the court in which the petition is filed presides if the
1-10     petition alleges that the child engaged in delinquent conduct that
1-11     constitutes habitual felony conduct as described by Section 51.031
1-12     or that included the violation of any of the following provisions:
1-13                 (1)  Section 19.02, Penal Code (murder);
1-14                 (2)  Section 19.03, Penal Code (capital murder);
1-15                 (3)  Section 19.04 (manslaughter);
1-16                 (4)  Section 20.04, Penal Code (aggravated kidnapping);
1-17                 (5) [(4)]  Section 22.011, Penal Code (sexual assault)
1-18     or  Section 22.021, Penal Code (aggravated sexual assault);
1-19                 (6) [(5)]  Section 22.02, Penal Code (aggravated
1-20     assault);
1-21                 (7) [(6)]  Section 29.03, Penal Code (aggravated
1-22     robbery);
1-23                 (8) [(7)]  Section 22.04, Penal Code (injury to a
1-24     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.
2-22           SECTION 2. This Act takes effect September 1, 2001, and
2-23     applies only to conduct that occurs on or after that date.  Conduct
2-24     that occurs before the effective date of this Act is covered by the
2-25     law in effect at the time the conduct occurred, and the former law
2-26     is continued in effect for that purpose.  For purposes of this
2-27     section, conduct violating a penal law of the state occurred before
 3-1     the effective date of this Act if any element of the violation
 3-2     occurred before that date.