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