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AN ACT
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relating to law enforcement and judicial procedures for, and the |
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prosecution of, children who engage in conduct constituting public |
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intoxication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 14.031(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) In lieu of arresting an individual who is not a child, as |
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defined by Section 51.02, Family Code, and who commits an offense |
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under Section 49.02, Penal Code, a peace officer may release the |
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[an] individual if: |
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(1) the officer believes detention in a penal facility |
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is unnecessary for the protection of the individual or others; and |
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(2) the individual: |
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(A) is released to the care of an adult who agrees |
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to assume responsibility for the individual; or |
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(B) verbally consents to voluntary treatment for |
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chemical dependency in a program in a treatment facility licensed |
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and approved by the Texas Commission on Alcohol and Drug Abuse, and |
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the program admits the individual for treatment. |
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(b) A magistrate may release from custody an individual who |
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is not a child, as defined by Section 51.02, Family Code, and who is |
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arrested under Section 49.02, Penal Code, if the magistrate |
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determines the individual meets the conditions required for release |
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in lieu of arrest under Subsection (a) of this article. |
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SECTION 2. Article 45.058, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (f), and (g) and adding |
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Subsection (g-1) to read as follows: |
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(a) A child may be released to the child's parent, guardian, |
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custodian, or other responsible adult as provided by Section |
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52.02(a)(1), Family Code, if the child is taken into custody for an |
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offense that a justice or municipal court has jurisdiction of under |
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Article 4.11 or 4.14 [, other than public intoxication]. |
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(f) A child taken into custody for an offense that a justice |
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or municipal court has jurisdiction of under Article 4.11 or 4.14 [,
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other than public intoxication,] may be presented or detained in a |
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detention facility designated by the juvenile court under Section |
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52.02(a)(3), Family Code, only if: |
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(1) the child's non-traffic case is transferred to the |
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juvenile court by a justice or municipal court under Section |
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51.08(b), Family Code; or |
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(2) the child is referred to the juvenile court by a |
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justice or municipal court for contempt of court under Article |
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45.050. |
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(g) Except as provided by Subsection (g-1), a [A] law |
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enforcement officer may issue a field release citation as provided |
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by Article 14.06 in place of taking a child into custody for a |
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traffic offense or an offense [, other than public intoxication,] |
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punishable by fine only. |
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(g-1) A law enforcement officer may issue a field release |
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citation as provided by Article 14.06 in place of taking a child |
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into custody for conduct constituting a violation of Section 49.02, |
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Penal Code, only if the officer releases the child to the child's |
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parent, guardian, custodian, or other responsible adult. |
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SECTION 3. Section 51.03(f), Family Code, is amended to |
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read as follows: |
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(f) Except as provided by Subsection (g), conduct described |
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under Subsection (b)(1) [, other than conduct that violates Section
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49.02, Penal Code, prohibiting public intoxication,] does not |
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constitute conduct indicating a need for supervision unless the |
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child has been referred to the juvenile court under Section |
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51.08(b). |
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SECTION 4. Sections 51.08(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) If the defendant in a criminal proceeding is a child who |
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is charged with an offense other than perjury, a traffic offense, a |
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misdemeanor punishable by fine only [other than public
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intoxication], or a violation of a penal ordinance of a political |
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subdivision, unless the child [he] has been transferred to criminal |
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court under Section 54.02 [of this code], the court exercising |
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criminal jurisdiction shall transfer the case to the juvenile |
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court, together with a copy of the accusatory pleading and other |
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papers, documents, and transcripts of testimony relating to the |
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case, and shall order that the child be taken to the place of |
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detention designated by the juvenile court, or shall release the |
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child [him] to the custody of the child's [his] parent, guardian, or |
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custodian, to be brought before the juvenile court at a time |
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designated by that court. |
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(b) A court in which there is pending a complaint against a |
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child alleging a violation of a misdemeanor offense punishable by |
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fine only other than a traffic offense [or public intoxication] or a |
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violation of a penal ordinance of a political subdivision other |
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than a traffic offense: |
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(1) except as provided by Subsection (d), shall waive |
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its original jurisdiction and refer the [a] child to juvenile court |
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if the child has previously been convicted of: |
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(A) two or more misdemeanors punishable by fine |
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only other than a traffic offense [or public intoxication]; |
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(B) two or more violations of a penal ordinance |
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of a political subdivision other than a traffic offense; or |
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(C) one or more of each of the types of |
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misdemeanors described in Paragraph (A) or (B) [of this
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subdivision]; and |
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(2) may waive its original jurisdiction and refer the |
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[a] child to juvenile court if the child: |
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(A) has not previously been convicted of a |
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misdemeanor punishable by fine only other than a traffic offense |
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[or public intoxication] or a violation of a penal ordinance of a |
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political subdivision other than a traffic offense; or |
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(B) has previously been convicted of fewer than |
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two misdemeanors punishable by fine only other than a traffic |
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offense [or public intoxication] or two violations of a penal |
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ordinance of a political subdivision other than a traffic offense. |
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(c) A court in which there is pending a complaint against a |
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child alleging a violation of a misdemeanor offense punishable by |
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fine only other than a traffic offense [or public intoxication] or a |
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violation of a penal ordinance of a political subdivision other |
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than a traffic offense shall notify the juvenile court of the county |
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in which the court is located of the pending complaint and shall |
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furnish to the juvenile court a copy of the final disposition of any |
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matter for which the court does not waive its original jurisdiction |
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under Subsection (b) [of this section]. |
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SECTION 5. Section 8.07(a), Penal Code, is amended to read |
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as follows: |
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(a) A person may not be prosecuted for or convicted of any |
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offense that the person committed when younger than 15 years of age |
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except: |
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(1) perjury and aggravated perjury when it appears by |
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proof that the person had sufficient discretion to understand the |
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nature and obligation of an oath; |
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(2) a violation of a penal statute cognizable under |
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Chapter 729, Transportation Code, except for conduct for which the |
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person convicted may be sentenced to imprisonment or confinement in |
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jail; |
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(3) a violation of a motor vehicle traffic ordinance |
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of an incorporated city or town in this state; |
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(4) a misdemeanor punishable by fine only [other than
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public intoxication]; |
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(5) a violation of a penal ordinance of a political |
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subdivision; |
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(6) a violation of a penal statute that is, or is a |
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lesser included offense of, a capital felony, an aggravated |
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controlled substance felony, or a felony of the first degree for |
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which the person is transferred to the court under Section 54.02, |
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Family Code, for prosecution if the person committed the offense |
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when 14 years of age or older; or |
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(7) a capital felony or an offense under Section 19.02 |
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for which the person is transferred to the court under Section |
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54.02(j)(2)(A), Family Code. |
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SECTION 6. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is covered |
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by the law in effect at the time the conduct occurred, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, conduct violating a penal law of this |
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state occurs before the effective date of this Act if any element of |
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the violation occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 558 was passed by the House on April |
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15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 558 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |