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A BILL TO BE ENTITLED
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AN ACT
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relating to jurisdiction of district courts and criminal district |
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courts in certain criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.05, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.05. JURISDICTION OF DISTRICT COURTS. (a) Except as |
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provided by Subsection (b), district [District] courts and criminal
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district courts shall have original jurisdiction in criminal cases |
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of the grade of felony, of all misdemeanors involving official |
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misconduct, and of misdemeanor cases transferred to the district |
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court under Article 4.17 of this code. |
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(b) District courts and criminal district court for |
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criminal proceedings have jurisdiction of crimes involving persons |
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younger than 17 years old only if the person is alleged to have |
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violated the following penal laws: |
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(1) Section 19.02, Penal Code (murder); |
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(2) Section 19.03, Penal Code (capital murder); |
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(3) Section 19.04, Penal Code (manslaughter); |
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(4) Section 20.04, Penal Code (aggravated |
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kidnapping); |
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(5) Section 22.011, Penal Code (sexual assault) or |
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Section 22.021, Penal Code (aggravated sexual assault); |
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(6) Section 22.02, Penal Code (aggravated assault); |
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(7) Section 29.03, Penal Code (aggravated robbery); |
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(8) Section 22.04, Penal Code (injury to a child, |
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elderly individual, or disabled individual), if the offense is |
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punishable as a felony, other than a state jail felony; |
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(9) Section 22.05(b), Penal Code (felony deadly |
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conduct involving discharging a firearm); |
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(10) Subchapter D, Chapter 481, Health and Safety |
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Code, if the conduct constitutes a felony of the first degree or an |
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aggravated controlled substance felony (certain offenses |
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involving controlled substances); |
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(11) Section 15.03, Penal Code (criminal |
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solicitation); |
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(12) Section 21.11(a)(1), Penal Code (indecency with |
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a child); |
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(13) Section 15.031, Penal Code (criminal |
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solicitation of a minor); |
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(14) Section 15.01, Penal Code (criminal attempt), if |
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the offense attempted was an offense under Section 19.02, Penal |
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Code (murder), or Section 19.03, Penal Code (capital murder), or an |
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offense listed by Section 3g(a)(1), Article 42.12, Code of |
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Criminal Procedure; |
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(15) Section 28.02, Penal Code (arson), if bodily |
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injury or death is suffered by any person by reason of the |
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commission of the conduct; |
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(16) Section 49.08, Penal Code (intoxication |
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manslaughter); and |
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(17) Section 15.02, Penal Code (criminal conspiracy), |
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if the offense made the subject of the criminal conspiracy includes |
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a violation of any of the provisions referenced in Subdivisions (1) |
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through (16). |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding instituted on or after the effective date |
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of this act. A criminal proceeding instituted before the effective |
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date of this Act is governed by the law in effect on the date the |
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proceeding is instituted, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |