By: Turner H.B. No. 3351
A BILL TO BE ENTITLED
AN ACT
relating to delinquent conduct for which a juvenile may be
certified to stand trial as an adult in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 54.02(a), (j), and (m), Family Code,
are amended to read as follows:
(a) The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the appropriate district court
or criminal district court for criminal proceedings if:
(1) the child is alleged to have violated a penal law
of the grade of felony that is listed in Section 53.045(a);
(2) the child was:
(A) 14 years of age or older at the time he is
alleged to have committed the offense, if the offense is a capital
felony, an aggravated controlled substance felony, or a felony of
the first degree, and no adjudication hearing has been conducted
concerning that offense; or
(B) 15 years of age or older at the time the child
is alleged to have committed the offense, if the offense is a felony
of the second or third degree or a state jail felony, and no
adjudication hearing has been conducted concerning that offense;
and
(3) after a full investigation and a hearing, the
juvenile court determines that there is probable cause to believe
that the child before the court committed the offense alleged and
that because of the seriousness of the offense alleged or the
background of the child the welfare of the community requires
criminal proceedings.
(j) The juvenile court may waive its exclusive original
jurisdiction and transfer a person to the appropriate district
court or criminal district court for criminal proceedings if:
(1) the person is 18 years of age or older;
(2) the person was:
(A) 10 years of age or older and under 17 years of
age at the time the person is alleged to have committed a capital
felony or an offense under Section 19.02, Penal Code;
(B) 14 years of age or older and under 17 years of
age at the time the person is alleged to have committed an
aggravated controlled substance felony or a felony of the first
degree that is listed in Section 53.045(a), other than an offense
under Section 19.02, Penal Code; or
(C) 15 years of age or older and under 17 years of
age at the time the person is alleged to have committed a felony of
the second or third degree that is listed in Section 53.045(a) or a
state jail felony that is listed in Section 53.045(a);
(3) no adjudication concerning the alleged offense has
been made or no adjudication hearing concerning the offense has
been conducted;
(4) the juvenile court finds from a preponderance of
the evidence that:
(A) for a reason beyond the control of the state
it was not practicable to proceed in juvenile court before the 18th
birthday of the person; or
(B) after due diligence of the state it was not
practicable to proceed in juvenile court before the 18th birthday
of the person because:
(i) the state did not have probable cause to
proceed in juvenile court and new evidence has been found since the
18th birthday of the person;
(ii) the person could not be found; or
(iii) a previous transfer order was
reversed by an appellate court or set aside by a district court; and
(5) the juvenile court determines that there is
probable cause to believe that the child before the court committed
the offense alleged.
(m) Notwithstanding any other provision of this section,
the juvenile court shall waive its exclusive original jurisdiction
and transfer a child to the appropriate district court or criminal
court for criminal proceedings if:
(1) the child has previously been transferred to a
district court or criminal district court for criminal proceedings
under this section, unless:
(A) the child was not indicted in the matter
transferred by the grand jury;
(B) the child was found not guilty in the matter
transferred;
(C) the matter transferred was dismissed with
prejudice; or
(D) the child was convicted in the matter
transferred, the conviction was reversed on appeal, and the appeal
is final; and
(2) the child is alleged to have violated a penal law
of the grade of felony that is listed in Section 53.045(a).
SECTION 2. 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;
(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 that is
listed in Section 53.045(a), Family Code, 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 3. The change in law made by this Act applies only
to conduct in which a juvenile is alleged to have engaged on or
after the effective date of this Act. Conduct in which a juvenile is
alleged to have engaged before the effective date of this Act is
governed by the law in effect on the date the juvenile is alleged to
have engaged in the conduct, and the former law is continued in
effect for that purpose. For purposes of this section, conduct is
engaged in before the effective date of this Act if any element of
the offense that the conduct violates occurs before the effective
date of this Act.
SECTION 4. This Act takes effect September 1, 2011.