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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