Texas 2009 - 81st Regular

Texas House Bill HB558 Compare Versions

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1	1	H.B. No. 558
2	2
3	3
4	4	AN ACT
5	5	relating to law enforcement and judicial procedures for, and the
6	6	prosecution of, children who engage in conduct constituting public
7	7	intoxication.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Articles 14.031(a) and (b), Code of Criminal
10	10	Procedure, are amended to read as follows:
11	11	(a) In lieu of arresting an individual who is not a child, as
12	12	defined by Section 51.02, Family Code, and who commits an offense
13	13	under Section 49.02, Penal Code, a peace officer may release the
14	14	[an] individual if:
15	15	(1) the officer believes detention in a penal facility
16	16	is unnecessary for the protection of the individual or others; and
17	17	(2) the individual:
18	18	(A) is released to the care of an adult who agrees
19	19	to assume responsibility for the individual; or
20	20	(B) verbally consents to voluntary treatment for
21	21	chemical dependency in a program in a treatment facility licensed
22	22	and approved by the Texas Commission on Alcohol and Drug Abuse, and
23	23	the program admits the individual for treatment.
24	24	(b) A magistrate may release from custody an individual who
25	25	is not a child, as defined by Section 51.02, Family Code, and who is
26	26	arrested under Section 49.02, Penal Code, if the magistrate
27	27	determines the individual meets the conditions required for release
28	28	in lieu of arrest under Subsection (a) of this article.
29	29	SECTION 2. Article 45.058, Code of Criminal Procedure, is
30	30	amended by amending Subsections (a), (f), and (g) and adding
31	31	Subsection (g-1) to read as follows:
32	32	(a) A child may be released to the child's parent, guardian,
33	33	custodian, or other responsible adult as provided by Section
34	34	52.02(a)(1), Family Code, if the child is taken into custody for an
35	35	offense that a justice or municipal court has jurisdiction of under
36	36	Article 4.11 or 4.14 [, other than public intoxication].
37	37	(f) A child taken into custody for an offense that a justice
38	38	or municipal court has jurisdiction of under Article 4.11 or 4.14 [,
39	39	other than public intoxication,] may be presented or detained in a
40	40	detention facility designated by the juvenile court under Section
41	41	52.02(a)(3), Family Code, only if:
42	42	(1) the child's non-traffic case is transferred to the
43	43	juvenile court by a justice or municipal court under Section
44	44	51.08(b), Family Code; or
45	45	(2) the child is referred to the juvenile court by a
46	46	justice or municipal court for contempt of court under Article
47	47	45.050.
48	48	(g) Except as provided by Subsection (g-1), a [A] law
49	49	enforcement officer may issue a field release citation as provided
50	50	by Article 14.06 in place of taking a child into custody for a
51	51	traffic offense or an offense [, other than public intoxication,]
52	52	punishable by fine only.
53	53	(g-1) A law enforcement officer may issue a field release
54	54	citation as provided by Article 14.06 in place of taking a child
55	55	into custody for conduct constituting a violation of Section 49.02,
56	56	Penal Code, only if the officer releases the child to the child's
57	57	parent, guardian, custodian, or other responsible adult.
58	58	SECTION 3. Section 51.03(f), Family Code, is amended to
59	59	read as follows:
60	60	(f) Except as provided by Subsection (g), conduct described
61	61	under Subsection (b)(1) [, other than conduct that violates Section
62	62	49.02, Penal Code, prohibiting public intoxication,] does not
63	63	constitute conduct indicating a need for supervision unless the
64	64	child has been referred to the juvenile court under Section
65	65	51.08(b).
66	66	SECTION 4. Sections 51.08(a), (b), and (c), Family Code,
67	67	are amended to read as follows:
68	68	(a) If the defendant in a criminal proceeding is a child who
69	69	is charged with an offense other than perjury, a traffic offense, a
70	70	misdemeanor punishable by fine only [other than public
71	71	intoxication], or a violation of a penal ordinance of a political
72	72	subdivision, unless the child [he] has been transferred to criminal
73	73	court under Section 54.02 [of this code], the court exercising
74	74	criminal jurisdiction shall transfer the case to the juvenile
75	75	court, together with a copy of the accusatory pleading and other
76	76	papers, documents, and transcripts of testimony relating to the
77	77	case, and shall order that the child be taken to the place of
78	78	detention designated by the juvenile court, or shall release the
79	79	child [him] to the custody of the child's [his] parent, guardian, or
80	80	custodian, to be brought before the juvenile court at a time
81	81	designated by that court.
82	82	(b) A court in which there is pending a complaint against a
83	83	child alleging a violation of a misdemeanor offense punishable by
84	84	fine only other than a traffic offense [or public intoxication] or a
85	85	violation of a penal ordinance of a political subdivision other
86	86	than a traffic offense:
87	87	(1) except as provided by Subsection (d), shall waive
88	88	its original jurisdiction and refer the [a] child to juvenile court
89	89	if the child has previously been convicted of:
90	90	(A) two or more misdemeanors punishable by fine
91	91	only other than a traffic offense [or public intoxication];
92	92	(B) two or more violations of a penal ordinance
93	93	of a political subdivision other than a traffic offense; or
94	94	(C) one or more of each of the types of
95	95	misdemeanors described in Paragraph (A) or (B) [of this
96	96	subdivision]; and
97	97	(2) may waive its original jurisdiction and refer the
98	98	[a] child to juvenile court if the child:
99	99	(A) has not previously been convicted of a
100	100	misdemeanor punishable by fine only other than a traffic offense
101	101	[or public intoxication] or a violation of a penal ordinance of a
102	102	political subdivision other than a traffic offense; or
103	103	(B) has previously been convicted of fewer than
104	104	two misdemeanors punishable by fine only other than a traffic
105	105	offense [or public intoxication] or two violations of a penal
106	106	ordinance of a political subdivision other than a traffic offense.
107	107	(c) A court in which there is pending a complaint against a
108	108	child alleging a violation of a misdemeanor offense punishable by
109	109	fine only other than a traffic offense [or public intoxication] or a
110	110	violation of a penal ordinance of a political subdivision other
111	111	than a traffic offense shall notify the juvenile court of the county
112	112	in which the court is located of the pending complaint and shall
113	113	furnish to the juvenile court a copy of the final disposition of any
114	114	matter for which the court does not waive its original jurisdiction
115	115	under Subsection (b) [of this section].
116	116	SECTION 5. Section 8.07(a), Penal Code, is amended to read
117	117	as follows:
118	118	(a) A person may not be prosecuted for or convicted of any
119	119	offense that the person committed when younger than 15 years of age
120	120	except:
121	121	(1) perjury and aggravated perjury when it appears by
122	122	proof that the person had sufficient discretion to understand the
123	123	nature and obligation of an oath;
124	124	(2) a violation of a penal statute cognizable under
125	125	Chapter 729, Transportation Code, except for conduct for which the
126	126	person convicted may be sentenced to imprisonment or confinement in
127	127	jail;
128	128	(3) a violation of a motor vehicle traffic ordinance
129	129	of an incorporated city or town in this state;
130	130	(4) a misdemeanor punishable by fine only [other than
131	131	public intoxication];
132	132	(5) a violation of a penal ordinance of a political
133	133	subdivision;
134	134	(6) a violation of a penal statute that is, or is a
135	135	lesser included offense of, a capital felony, an aggravated
136	136	controlled substance felony, or a felony of the first degree for
137	137	which the person is transferred to the court under Section 54.02,
138	138	Family Code, for prosecution if the person committed the offense
139	139	when 14 years of age or older; or
140	140	(7) a capital felony or an offense under Section 19.02
141	141	for which the person is transferred to the court under Section
142	142	54.02(j)(2)(A), Family Code.
143	143	SECTION 6. The change in law made by this Act applies only
144	144	to conduct that occurs on or after the effective date of this Act.
145	145	Conduct that occurs before the effective date of this Act is covered
146	146	by the law in effect at the time the conduct occurred, and the
147	147	former law is continued in effect for that purpose. For the
148	148	purposes of this section, conduct violating a penal law of this
149	149	state occurs before the effective date of this Act if any element of
150	150	the violation occurred before that date.
151	151	SECTION 7. This Act takes effect September 1, 2009.
152	152	______________________________ ______________________________
153	153	President of the Senate Speaker of the House
154	154	I certify that H.B. No. 558 was passed by the House on April
155	155	15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
156	156	voting.
157	157	______________________________
158	158	Chief Clerk of the House
159	159	I certify that H.B. No. 558 was passed by the Senate on May
160	160	21, 2009, by the following vote: Yeas 31, Nays 0.
161	161	______________________________
162	162	Secretary of the Senate
163	163	APPROVED: _____________________
164	164	Date
165	165	_____________________
166	166	Governor