By: Gallego H.B. No. 3698
A BILL TO BE ENTITLED
AN ACT
relating to jurisdiction of district courts and criminal district
courts in certain criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 4.05, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.05. JURISDICTION OF DISTRICT COURTS. (a) Except as
provided by Subsection (b), district [District] courts and criminal
district courts shall have original jurisdiction in criminal cases
of the grade of felony, of all misdemeanors involving official
misconduct, and of misdemeanor cases transferred to the district
court under Article 4.17 of this code.
(b) District courts and criminal district court for
criminal proceedings have jurisdiction of crimes involving persons
younger than 17 years old only if the person is alleged to have
violated the following penal laws:
(1) Section 19.02, Penal Code (murder);
(2) Section 19.03, Penal Code (capital murder);
(3) Section 19.04, Penal Code (manslaughter);
(4) Section 20.04, Penal Code (aggravated
kidnapping);
(5) Section 22.011, Penal Code (sexual assault) or
Section 22.021, Penal Code (aggravated sexual assault);
(6) Section 22.02, Penal Code (aggravated assault);
(7) Section 29.03, Penal Code (aggravated robbery);
(8) Section 22.04, Penal Code (injury to a child,
elderly individual, or disabled individual), if the offense is
punishable as a felony, other than a state jail felony;
(9) Section 22.05(b), Penal Code (felony deadly
conduct involving discharging a firearm);
(10) Subchapter D, Chapter 481, Health and Safety
Code, if the conduct constitutes a felony of the first degree or an
aggravated controlled substance felony (certain offenses
involving controlled substances);
(11) Section 15.03, Penal Code (criminal
solicitation);
(12) Section 21.11(a)(1), Penal Code (indecency with
a child);
(13) Section 15.031, Penal Code (criminal
solicitation of a minor);
(14) Section 15.01, Penal Code (criminal attempt), if
the offense attempted was an offense under Section 19.02, Penal
Code (murder), or Section 19.03, Penal Code (capital murder), or an
offense listed by Section 3g(a)(1), Article 42.12, Code of
Criminal Procedure;
(15) Section 28.02, Penal Code (arson), if bodily
injury or death is suffered by any person by reason of the
commission of the conduct;
(16) Section 49.08, Penal Code (intoxication
manslaughter); and
(17) Section 15.02, Penal Code (criminal conspiracy),
if the offense made the subject of the criminal conspiracy includes
a violation of any of the provisions referenced in Subdivisions (1)
through (16).
SECTION 2. The change in law made by this Act applies only
to a criminal proceeding instituted on or after the effective date
of this act. A criminal proceeding instituted before the effective
date of this Act is governed by the law in effect on the date the
proceeding is instituted, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.