| 1 | 1 | | 88R8019 CJD-F |
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| 2 | 2 | | By: Cook, Capriglione, Murr, Goldman H.B. No. 1654 |
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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 eligibility of a child for a determinate sentence |
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| 8 | 8 | | for engaging in delinquent conduct that constitutes certain |
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| 9 | 9 | | organized criminal activity. |
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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 53.045(a), Family Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (e), the prosecuting |
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| 14 | 14 | | attorney may refer the petition to the grand jury of the county in |
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| 15 | 15 | | which the court in which the petition is filed presides if the |
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| 16 | 16 | | petition alleges that the child engaged in delinquent conduct that |
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| 17 | 17 | | constitutes habitual felony conduct as described by Section 51.031 |
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| 18 | 18 | | or that included the violation of any of the following provisions: |
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| 19 | 19 | | (1) Section 19.02, Penal Code (murder); |
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| 20 | 20 | | (2) Section 19.03, Penal Code (capital murder); |
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| 21 | 21 | | (3) Section 19.04, Penal Code (manslaughter); |
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| 22 | 22 | | (4) Section 20.04, Penal Code (aggravated |
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| 23 | 23 | | kidnapping); |
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| 24 | 24 | | (5) Section 22.011, Penal Code (sexual assault) or |
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| 25 | 25 | | Section 22.021, Penal Code (aggravated sexual assault); |
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| 26 | 26 | | (6) Section 22.02, Penal Code (aggravated assault); |
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| 27 | 27 | | (7) Section 29.03, Penal Code (aggravated robbery); |
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| 28 | 28 | | (8) Section 22.04, Penal Code (injury to a child, |
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| 29 | 29 | | elderly individual, or disabled individual), if the offense is |
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| 30 | 30 | | punishable as a felony, other than a state jail felony; |
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| 31 | 31 | | (9) Section 22.05(b), Penal Code (felony deadly |
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| 32 | 32 | | conduct involving discharging a firearm); |
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| 33 | 33 | | (10) Subchapter D, Chapter 481, Health and Safety |
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| 34 | 34 | | Code, if the conduct constitutes a felony of the first degree or an |
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| 35 | 35 | | aggravated controlled substance felony (certain offenses involving |
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| 36 | 36 | | controlled substances); |
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| 37 | 37 | | (11) Section 15.03, Penal Code (criminal |
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| 38 | 38 | | solicitation); |
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| 39 | 39 | | (12) Section 21.11(a)(1), Penal Code (indecency with a |
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| 40 | 40 | | child); |
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| 41 | 41 | | (13) Section 15.031, Penal Code (criminal |
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| 42 | 42 | | solicitation of a minor); |
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| 43 | 43 | | (14) Section 15.01, Penal Code (criminal attempt), if |
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| 44 | 44 | | the offense attempted was an offense under Section 19.02, Penal |
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| 45 | 45 | | Code (murder), or Section 19.03, Penal Code (capital murder), or an |
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| 46 | 46 | | offense listed by Article 42A.054(a), Code of Criminal Procedure; |
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| 47 | 47 | | (15) Section 28.02, Penal Code (arson), if bodily |
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| 48 | 48 | | injury or death is suffered by any person by reason of the |
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| 49 | 49 | | commission of the conduct; |
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| 50 | 50 | | (16) Section 49.08, Penal Code (intoxication |
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| 51 | 51 | | manslaughter); [or] |
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| 52 | 52 | | (17) Section 15.02, Penal Code (criminal conspiracy), |
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| 53 | 53 | | if the offense made the subject of the criminal conspiracy includes |
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| 54 | 54 | | a violation of any of the provisions referenced in Subdivisions (1) |
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| 55 | 55 | | through (16); or |
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| 56 | 56 | | (18) Section 71.02, Penal Code (engaging in organized |
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| 57 | 57 | | criminal activity), if the offense made the subject of the |
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| 58 | 58 | | organized criminal activity includes a violation of any of the |
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| 59 | 59 | | provisions referenced in Subdivisions (1) through (16). |
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| 60 | 60 | | SECTION 2. The changes in law made by this Act apply only to |
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| 61 | 61 | | conduct violating a penal law of this state that occurs on or after |
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| 62 | 62 | | the effective date of this Act. Conduct violating a penal law of |
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| 63 | 63 | | this state that occurs before the effective date of this Act is |
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| 64 | 64 | | governed by the law in effect on the date the conduct occurred, and |
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| 65 | 65 | | the former law is continued in effect for that purpose. For |
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| 66 | 66 | | purposes of this section, conduct occurred before the effective |
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| 67 | 67 | | date of this Act if any element of the conduct occurred before that |
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| 68 | 68 | | date. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2023. |
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