88R8019 CJD-F
 
  By: Cook H.B. No. 1654
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of a child for a determinate sentence
  for engaging in delinquent conduct that constitutes certain
  organized criminal activity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 53.045(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (e), the prosecuting
  attorney may refer the petition to the grand jury of the county in
  which the court in which the petition is filed presides if the
  petition alleges that the child engaged in delinquent conduct that
  constitutes habitual felony conduct as described by Section 51.031
  or that included the violation of any of the following provisions:
               (1)  Section 19.02, Penal Code (murder);
               (2)  Section 19.03, Penal Code (capital murder);
               (3)  Section 19.04, Penal Code (manslaughter);
               (4)  Section 20.04, Penal Code (aggravated
  kidnapping);
               (5)  Section 22.011, Penal Code (sexual assault) or
  Section 22.021, Penal Code (aggravated sexual assault);
               (6)  Section 22.02, Penal Code (aggravated assault);
               (7)  Section 29.03, Penal Code (aggravated robbery);
               (8)  Section 22.04, Penal Code (injury to a child,
  elderly individual, or disabled individual), if the offense is
  punishable as a felony, other than a state jail felony;
               (9)  Section 22.05(b), Penal Code (felony deadly
  conduct involving discharging a firearm);
               (10)  Subchapter D, Chapter 481, Health and Safety
  Code, if the conduct constitutes a felony of the first degree or an
  aggravated controlled substance felony (certain offenses involving
  controlled substances);
               (11)  Section 15.03, Penal Code (criminal
  solicitation);
               (12)  Section 21.11(a)(1), Penal Code (indecency with a
  child);
               (13)  Section 15.031, Penal Code (criminal
  solicitation of a minor);
               (14)  Section 15.01, Penal Code (criminal attempt), if
  the offense attempted was an offense under Section 19.02, Penal
  Code (murder), or Section 19.03, Penal Code (capital murder), or an
  offense listed by Article 42A.054(a), Code of Criminal Procedure;
               (15)  Section 28.02, Penal Code (arson), if bodily
  injury or death is suffered by any person by reason of the
  commission of the conduct;
               (16)  Section 49.08, Penal Code (intoxication
  manslaughter); [or]
               (17)  Section 15.02, Penal Code (criminal conspiracy),
  if the offense made the subject of the criminal conspiracy includes
  a violation of any of the provisions referenced in Subdivisions (1)
  through (16); or
               (18)  Section 71.02, Penal Code (engaging in organized
  criminal activity), if the offense made the subject of the
  organized criminal activity includes a violation of any of the
  provisions referenced in Subdivisions (1) through (16).
         SECTION 2.  The changes in law made by this Act apply only to
  conduct violating a penal law of this state that occurs on or after
  the effective date of this Act.  Conduct violating a penal law of
  this state that occurs before the effective date of this Act is
  governed by the law in effect on the date the conduct occurred, and
  the former law is continued in effect for that purpose.  For
  purposes of this section, conduct occurred before the effective
  date of this Act if any element of the conduct occurred before that
  date.
         SECTION 3.  This Act takes effect September 1, 2023.