| 1 | 1 | | H.B. No. 609 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the composition of the jury in certain adjudication |
|---|
| 6 | 6 | | hearings in juvenile court. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 54.03(c), Family Code, is amended to |
|---|
| 9 | 9 | | read as follows: |
|---|
| 10 | 10 | | (c) Trial shall be by jury unless jury is waived in |
|---|
| 11 | 11 | | accordance with Section 51.09. If the hearing is on a petition that |
|---|
| 12 | 12 | | has been approved by the grand jury under Section 53.045, the jury |
|---|
| 13 | 13 | | must consist of 12 persons and be selected in accordance with the |
|---|
| 14 | 14 | | requirements in criminal cases. If the hearing is on a petition |
|---|
| 15 | 15 | | that alleges conduct that violates a penal law of this state of the |
|---|
| 16 | 16 | | grade of misdemeanor, the jury must consist of the number of persons |
|---|
| 17 | 17 | | required by Article 33.01(b), Code of Criminal Procedure. Jury |
|---|
| 18 | 18 | | verdicts under this title must be unanimous. |
|---|
| 19 | 19 | | SECTION 2. Section 54.03(c), Family Code, as amended by |
|---|
| 20 | 20 | | this Act, applies to an adjudication hearing conducted in a |
|---|
| 21 | 21 | | juvenile court for which a jury is selected on or after the |
|---|
| 22 | 22 | | effective date of this Act, regardless of the date the petition on |
|---|
| 23 | 23 | | which the hearing is based was filed. |
|---|
| 24 | 24 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|
| 25 | 25 | | ______________________________ ______________________________ |
|---|
| 26 | 26 | | President of the Senate Speaker of the House |
|---|
| 27 | 27 | | I certify that H.B. No. 609 was passed by the House on April |
|---|
| 28 | 28 | | 15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
|---|
| 29 | 29 | | voting. |
|---|
| 30 | 30 | | ______________________________ |
|---|
| 31 | 31 | | Chief Clerk of the House |
|---|
| 32 | 32 | | I certify that H.B. No. 609 was passed by the Senate on May 5, |
|---|
| 33 | 33 | | 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 34 | 34 | | ______________________________ |
|---|
| 35 | 35 | | Secretary of the Senate |
|---|
| 36 | 36 | | APPROVED: _____________________ |
|---|
| 37 | 37 | | Date |
|---|
| 38 | 38 | | _____________________ |
|---|
| 39 | 39 | | Governor |
|---|