1-1 By: Shapiro S.B. No. 25
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 5, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0;
1-6 February 5, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 25 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the classification of manslaughter and intoxication
1-11 manslaughter as violent offenses punishable by a determinate
1-12 sentence.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (a), Section 53.045, Family Code, is
1-15 amended to read as follows:
1-16 (a) Except as provided by Subsection (e), the prosecuting
1-17 attorney may refer the petition to the grand jury of the county in
1-18 which the court in which the petition is filed presides if the
1-19 petition alleges that the child engaged in delinquent conduct that
1-20 constitutes habitual felony conduct as described by Section 51.031
1-21 or that included the violation of any of the following provisions:
1-22 (1) Section 19.02, Penal Code (murder);
1-23 (2) Section 19.03, Penal Code (capital murder);
1-24 (3) Section 19.04, Penal Code (manslaughter);
1-25 (4) Section 20.04, Penal Code (aggravated kidnapping);
1-26 (5) [(4)] Section 22.011, Penal Code (sexual assault)
1-27 or Section 22.021, Penal Code (aggravated sexual assault);
1-28 (6) [(5)] Section 22.02, Penal Code (aggravated
1-29 assault);
1-30 (7) [(6)] Section 29.03, Penal Code (aggravated
1-31 robbery);
1-32 (8) [(7)] Section 22.04, Penal Code (injury to a
1-33 child, elderly individual, or disabled individual), if the offense
1-34 is punishable as a felony, other than a state jail felony;
1-35 (9) [(8)] Section 22.05(b), Penal Code (felony deadly
1-36 conduct involving discharging a firearm);
1-37 (10) [(9)] Subchapter D, Chapter 481, Health and
1-38 Safety Code, if the conduct constitutes a felony of the first
1-39 degree or an aggravated controlled substance felony (certain
1-40 offenses involving controlled substances);
1-41 (11) [(10)] Section 15.03, Penal Code (criminal
1-42 solicitation);
1-43 (12) [(11)] Section 21.11(a)(1), Penal Code (indecency
1-44 with a child);
1-45 (13) [(12)] Section 15.031, Penal Code (criminal
1-46 solicitation of a minor);
1-47 (14) [(13)] Section 15.01, Penal Code (criminal
1-48 attempt), if the offense attempted was an offense under Section
1-49 19.02, Penal Code (murder) or Section 19.03, Penal Code (capital
1-50 murder), or an offense listed by Section 3g(a)(1), Article 42.12,
1-51 Code of Criminal Procedure; [or]
1-52 (15) [(14)] Section 28.02, Penal Code (arson), if
1-53 bodily injury or death is suffered by any person by reason of the
1-54 commission of the conduct; or
1-55 (16) Section 49.08, Penal Code (intoxication
1-56 manslaughter).
1-57 SECTION 2. This Act takes effect September 1, 2001, and
1-58 applies only to conduct that occurs on or after that date. Conduct
1-59 that occurs before the effective date of this Act is covered by the
1-60 law in effect at the time the conduct occurred, and the former law
1-61 is continued in effect for that purpose. For purposes of this
1-62 section, conduct violating a penal law of the state occurred before
1-63 the effective date of this Act if any element of the violation
1-64 occurred before that date.
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