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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a child for a determinate sentence |
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for engaging in delinquent conduct that constitutes certain |
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organized criminal activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.045(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (e), the prosecuting |
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attorney may refer the petition to the grand jury of the county in |
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which the court in which the petition is filed presides if the |
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petition alleges that the child engaged in delinquent conduct that |
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constitutes habitual felony conduct as described by Section 51.031 |
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or that included the violation of any of the following provisions: |
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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 involving |
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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 a |
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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 Article 42A.054(a), Code of 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); [or] |
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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); or |
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(18) Section 71.02, Penal Code (engaging in organized |
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criminal activity), if the offense made the subject of the |
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organized criminal activity includes a violation of any of the |
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provisions referenced in Subdivisions (1) through (16). |
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SECTION 2. The changes in law made by this Act apply only to |
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conduct violating a penal law of this state that occurs on or after |
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the effective date of this Act. Conduct violating a penal law of |
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this state that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, conduct occurred before the effective |
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date of this Act if any element of the conduct occurred before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2023. |