88R8019 CJD-F
By: Cook, Capriglione, Murr, Goldman H.B. No. 1654
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a child for a determinate sentence
for engaging in delinquent conduct that constitutes certain
organized criminal activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.045(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), the prosecuting
attorney may refer the petition to the grand jury of the county in
which the court in which the petition is filed presides if the
petition alleges that the child engaged in delinquent conduct that
constitutes habitual felony conduct as described by Section 51.031
or that included the violation of any of the following provisions:
(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 Article 42A.054(a), 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); [or]
(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); or
(18) Section 71.02, Penal Code (engaging in organized
criminal activity), if the offense made the subject of the
organized criminal activity includes a violation of any of the
provisions referenced in Subdivisions (1) through (16).
SECTION 2. The changes in law made by this Act apply only to
conduct violating a penal law of this state that occurs on or after
the effective date of this Act. Conduct violating a penal law of
this state 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 occurred before the effective
date of this Act if any element of the conduct occurred before that
date.
SECTION 3. This Act takes effect September 1, 2023.