S.B. No. 1617
AN ACT
relating to the discretionary transfer from a juvenile court to a
criminal court of certain alleged offenses arising out of a single
criminal transaction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.02, Family Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
(g) If the petition alleges multiple offenses that
constitute more than one criminal transaction, the juvenile court
shall either retain or transfer all offenses relating to a single
transaction. Except as provided by Subsection (g-1), a [A] child is
not subject to criminal prosecution at any time for any offense
arising out of a criminal transaction for which the juvenile court
retains jurisdiction.
(g-1) A child may be subject to criminal prosecution for an
offense committed under Chapter 19 or Section 49.08, Penal Code,
if:
(1) the offense arises out of a criminal transaction
for which the juvenile court retained jurisdiction over other
offenses relating to the criminal transaction; and
(2) on or before the date the juvenile court retained
jurisdiction, one or more of the elements of the offense under
Chapter 19 or Section 49.08, Penal Code, had not occurred.
SECTION 2. 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
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose. For
purposes of this section, conduct occurs before the effective date
of this Act if any element of the conduct occurs before that date.
SECTION 3. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1617 passed the Senate on
April 18, 2011, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1617 passed the House on
May 25, 2011, by the following vote: Yeas 142, Nays 4, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor