Texas 2019 - 86th Regular

Texas Senate Bill SB1698 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R11476 ADM-F
1	2		By: Whitmire S.B. No. 1698
2		-	(In the Senate - Filed March 6, 2019; March 14, 2019, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	April 23, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 0; April 23, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1698 By: Perry
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the eligibility of certain juvenile offenders to be
14	8		transferred to criminal court.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Sections 54.02(a) and (j), Family Code, are
17	11		amended to read as follows:
18	12		(a) The juvenile court may waive its exclusive original
19	13		jurisdiction and transfer a child to the appropriate district court
20	14		or criminal district court for criminal proceedings if:
21	15		(1) the child is alleged to have violated a penal law
22	16		of the grade of felony;
23	17		(2) the child was:
24	18		(A) 14 years of age or older at the time the child
25	19		[he] is alleged to have committed the offense, if the offense is a
26	20		capital felony, an aggravated controlled substance felony, or a
27	21		felony of the first degree, and no adjudication hearing has been
28	22		conducted concerning that offense; or
29	23		(B) 15 years of age or older at the time the child
30	24		is alleged to have committed the offense, if the offense is a felony
31		-	of the second or third degree [or a state jail felony], and no
	25	+	of the second [or third] degree [or a state jail felony], and no
32	26		adjudication hearing has been conducted concerning that offense;
33	27		and
34	28		(3) after a full investigation and a hearing, the
35	29		juvenile court determines that there is probable cause to believe
36	30		that the child before the court committed the offense alleged and
37	31		that because of the seriousness of the offense alleged or the
38	32		background of the child the welfare of the community requires
39	33		criminal proceedings.
40	34		(j) The juvenile court may waive its exclusive original
41	35		jurisdiction and transfer a person to the appropriate district
42	36		court or criminal district court for criminal proceedings if:
43	37		(1) the person is 18 years of age or older;
44	38		(2) the person was:
45	39		(A) 10 years of age or older and under 17 years of
46	40		age at the time the person is alleged to have committed a capital
47	41		felony or an offense under Section 19.02, Penal Code;
48	42		(B) 14 years of age or older and under 17 years of
49	43		age at the time the person is alleged to have committed an
50	44		aggravated controlled substance felony or a felony of the first
51	45		degree other than an offense under Section 19.02, Penal Code; or
52	46		(C) 15 years of age or older and under 17 years of
53	47		age at the time the person is alleged to have committed a felony of
54		-	the second or third degree [or a state jail felony];
	48	+	the second [or third] degree [or a state jail felony];
55	49		(3) no adjudication concerning the alleged offense has
56	50		been made or no adjudication hearing concerning the offense has
57	51		been conducted;
58	52		(4) the juvenile court finds from a preponderance of
59	53		the evidence that:
60	54		(A) for a reason beyond the control of the state
61	55		it was not practicable to proceed in juvenile court before the 18th
62	56		birthday of the person; or
63	57		(B) after due diligence of the state it was not
64	58		practicable to proceed in juvenile court before the 18th birthday
65	59		of the person because:
66	60		(i) the state did not have probable cause to
67	61		proceed in juvenile court and new evidence has been found since the
68	62		18th birthday of the person;
69	63		(ii) the person could not be found; or
70	64		(iii) a previous transfer order was
71	65		reversed by an appellate court or set aside by a district court; and
72	66		(5) the juvenile court determines that there is
73	67		probable cause to believe that the child before the court committed
74	68		the offense alleged.
75	69		SECTION 2. This Act applies only to conduct that occurs on
76	70		or after the effective date of this Act. Conduct that occurs before
77	71		the effective date of this Act is governed by the law in effect on
78	72		the date the conduct occurred, and the former law is continued in
79	73		effect for that purpose. For the purposes of this section, conduct
80	74		occurred before the effective date of this Act if any element of the
81	75		conduct occurred before that date.
82	76		SECTION 3. This Act takes effect September 1, 2019.
83		-	* * * * *