| 1 | 1 | | By: Harris S.B. No. 1617 |
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| 2 | 2 | | (Aliseda) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the discretionary transfer from a juvenile court to a |
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| 8 | 8 | | criminal court of certain alleged offenses arising out of a single |
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| 9 | 9 | | criminal transaction. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 54.02, Family Code, is amended by |
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| 12 | 12 | | amending Subsection (g) and adding Subsection (g-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (g) If the petition alleges multiple offenses that |
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| 15 | 15 | | constitute more than one criminal transaction, the juvenile court |
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| 16 | 16 | | shall either retain or transfer all offenses relating to a single |
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| 17 | 17 | | transaction. Except as provided by Subsection (g-1), a [A] child is |
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| 18 | 18 | | not subject to criminal prosecution at any time for any offense |
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| 19 | 19 | | arising out of a criminal transaction for which the juvenile court |
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| 20 | 20 | | retains jurisdiction. |
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| 21 | 21 | | (g-1) A child may be subject to criminal prosecution for an |
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| 22 | 22 | | offense committed under Chapter 19 or Section 49.08, Penal Code, |
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| 23 | 23 | | if: |
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| 24 | 24 | | (1) the offense arises out of a criminal transaction |
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| 25 | 25 | | for which the juvenile court retained jurisdiction over other |
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| 26 | 26 | | offenses relating to the criminal transaction; and |
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| 27 | 27 | | (2) on or before the date the juvenile court retained |
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| 28 | 28 | | jurisdiction, one or more of the elements of the offense under |
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| 29 | 29 | | Chapter 19 or Section 49.08, Penal Code, had not occurred. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to conduct that occurs on or after the effective date of this Act. |
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| 32 | 32 | | Conduct that occurs before the effective date of this Act is |
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| 33 | 33 | | governed by the law in effect on the date the conduct occurred, and |
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| 34 | 34 | | the former law is continued in effect for that purpose. For |
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| 35 | 35 | | purposes of this section, conduct occurs before the effective date |
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| 36 | 36 | | of this Act if any element of the conduct occurs before that date. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2011. |
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