� |
� |
� |
�
|
AN ACT
|
�
|
relating to law enforcement and judicial procedures for, and the |
�
|
prosecution of, children who engage in conduct constituting public |
�
|
intoxication. |
�
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
�
|
�������SECTION�1.��Articles 14.031(a) and (b), Code of Criminal |
�
|
Procedure, are amended to read as follows: |
�
|
�������(a)��In lieu of arresting an individual who is not a child, as |
�
|
defined by Section 51.02, Family Code, and who commits an offense |
�
|
under Section 49.02, Penal Code, a peace officer may release the� |
�
|
[an] individual if: |
�
|
�������������(1)��the officer believes detention in a penal facility |
�
|
is unnecessary for the protection of the individual or others; and |
�
|
�������������(2)��the individual: |
�
|
�������������������(A)��is released to the care of an adult who agrees |
�
|
to assume responsibility for the individual; or |
�
|
�������������������(B)��verbally consents to voluntary treatment for |
�
|
chemical dependency in a program in a treatment facility licensed |
�
|
and approved by the Texas Commission on Alcohol and Drug Abuse, and |
�
|
the program admits the individual for treatment. |
�
|
�������(b)��A magistrate may release from custody an individual who |
�
|
is not a child, as defined by Section 51.02, Family Code, and who is |
�
|
arrested under Section 49.02, Penal Code, if the magistrate |
�
|
determines the individual meets the conditions required for release |
�
|
in lieu of arrest under Subsection (a) of this article. |
�
|
�������SECTION�2.��Article 45.058, Code of Criminal Procedure, is |
�
|
amended by amending Subsections (a), (f), and (g) and adding |
�
|
Subsection (g-1) to read as follows: |
�
|
�������(a)��A child may be released to the child's parent, guardian, |
�
|
custodian, or other responsible adult as provided by Section |
�
|
52.02(a)(1), Family Code, if the child is taken into custody for an |
�
|
offense that a justice or municipal court has jurisdiction of under |
�
|
Article 4.11 or 4.14 [, other than public intoxication]. |
�
|
�������(f)��A child taken into custody for an offense that a justice |
�
|
or municipal court has jurisdiction of under Article 4.11 or 4.14 [,
|
�
|
other than public intoxication,] may be presented or detained in a |
�
|
detention facility designated by the juvenile court under Section |
�
|
52.02(a)(3), Family Code, only if: |
�
|
�������������(1)��the child's non-traffic case is transferred to the |
�
|
juvenile court by a justice or municipal court under Section |
�
|
51.08(b), Family Code; or |
�
|
�������������(2)��the child is referred to the juvenile court by a |
�
|
justice or municipal court for contempt of court under Article |
�
|
45.050. |
�
|
�������(g)��Except as provided by Subsection (g-1), a [A] law |
�
|
enforcement officer may issue a field release citation as provided |
�
|
by Article 14.06 in place of taking a child into custody for a |
�
|
traffic offense or an offense [, other than public intoxication,] |
�
|
punishable by fine only. |
�
|
�������(g-1)��A law enforcement officer may issue a field release |
�
|
citation as provided by Article 14.06 in place of taking a child |
�
|
into custody for conduct constituting a violation of Section 49.02, |
�
|
Penal Code, only if the officer releases the child to the child's |
�
|
parent, guardian, custodian, or other responsible adult. |
�
|
�������SECTION�3.��Section 51.03(f), Family Code, is amended to |
�
|
read as follows: |
�
|
�������(f)��Except as provided by Subsection (g), conduct described |
�
|
under Subsection (b)(1) [, other than conduct that violates Section
|
�
|
49.02, Penal Code, prohibiting public intoxication,] does not |
�
|
constitute conduct indicating a need for supervision unless the |
�
|
child has been referred to the juvenile court under Section |
�
|
51.08(b). |
�
|
�������SECTION�4.��Sections 51.08(a), (b), and (c), Family Code, |
�
|
are amended to read as follows: |
�
|
�������(a)��If the defendant in a criminal proceeding is a child who |
�
|
is charged with an offense other than perjury, a traffic offense, a |
�
|
misdemeanor punishable by fine only [other than public
|
�
|
intoxication], or a violation of a penal ordinance of a political |
�
|
subdivision, unless the child [he] has been transferred to criminal |
�
|
court under Section 54.02 [of this code], the court exercising |
�
|
criminal jurisdiction shall transfer the case to the juvenile |
�
|
court, together with a copy of the accusatory pleading and other |
�
|
papers, documents, and transcripts of testimony relating to the |
�
|
case, and shall order that the child be taken to the place of |
�
|
detention designated by the juvenile court, or shall release the |
�
|
child�[him] to the custody of the child's�[his] parent, guardian, or |
�
|
custodian, to be brought before the juvenile court at a time |
�
|
designated by that court. |
�
|
�������(b)��A court in which there is pending a complaint against a |
�
|
child alleging a violation of a misdemeanor offense punishable by |
�
|
fine only other than a traffic offense [or public intoxication] or a |
�
|
violation of a penal ordinance of a political subdivision other |
�
|
than a traffic offense: |
�
|
�������������(1)��except as provided by Subsection (d), shall waive |
�
|
its original jurisdiction and refer the�[a] child to juvenile court |
�
|
if the child has previously been convicted of: |
�
|
�������������������(A)��two or more misdemeanors punishable by fine |
�
|
only other than a traffic offense [or public intoxication]; |
�
|
�������������������(B)��two or more violations of a penal ordinance |
�
|
of a political subdivision other than a traffic offense; or |
�
|
�������������������(C)��one or more of each of the types of |
�
|
misdemeanors described in Paragraph (A) or (B) [of this
|
�
|
subdivision]; and |
�
|
�������������(2)��may waive its original jurisdiction and refer the� |
�
|
[a] child to juvenile court if the child: |
�
|
�������������������(A)��has not previously been convicted of a |
�
|
misdemeanor punishable by fine only other than a traffic offense |
�
|
[or public intoxication] or a violation of a penal ordinance of a |
�
|
political subdivision other than a traffic offense; or |
�
|
�������������������(B)��has previously been convicted of fewer than |
�
|
two misdemeanors punishable by fine only other than a traffic |
�
|
offense [or public intoxication] or two violations of a penal |
�
|
ordinance of a political subdivision other than a traffic offense. |
�
|
�������(c)��A court in which there is pending a complaint against a |
�
|
child alleging a violation of a misdemeanor offense punishable by |
�
|
fine only other than a traffic offense [or public intoxication] or a |
�
|
violation of a penal ordinance of a political subdivision other |
�
|
than a traffic offense shall notify the juvenile court of the county |
�
|
in which the court is located of the pending complaint and shall |
�
|
furnish to the juvenile court a copy of the final disposition of any |
�
|
matter for which the court does not waive its original jurisdiction |
�
|
under Subsection (b) [of this section]. |
�
|
�������SECTION�5.��Section 8.07(a), Penal Code, is amended to read |
�
|
as follows: |
�
|
�������(a)��A person may not be prosecuted for or convicted of any |
�
|
offense that the person committed when younger than 15 years of age |
�
|
except: |
�
|
�������������(1)��perjury and aggravated perjury when it appears by |
�
|
proof that the person had sufficient discretion to understand the |
�
|
nature and obligation of an oath; |
�
|
�������������(2)��a violation of a penal statute cognizable under |
�
|
Chapter 729, Transportation Code, except for conduct for which the |
�
|
person convicted may be sentenced to imprisonment or confinement in |
�
|
jail; |
�
|
�������������(3)��a violation of a motor vehicle traffic ordinance |
�
|
of an incorporated city or town in this state; |
�
|
�������������(4)��a misdemeanor punishable by fine only [other than
|
�
|
public intoxication]; |
�
|
�������������(5)��a violation of a penal ordinance of a political |
�
|
subdivision; |
�
|
�������������(6)��a violation of a penal statute that is, or is a |
�
|
lesser included offense of, a capital felony, an aggravated |
�
|
controlled substance felony, or a felony of the first degree for |
�
|
which the person is transferred to the court under Section 54.02, |
�
|
Family Code, for prosecution if the person committed the offense |
�
|
when 14 years of age or older; or |
�
|
�������������(7)��a capital felony or an offense under Section 19.02 |
�
|
for which the person is transferred to the court under Section |
�
|
54.02(j)(2)(A), Family Code. |
�
|
�������SECTION�6.��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 covered |
�
|
by the law in effect at the time the conduct occurred, and the |
�
|
former law is continued in effect for that purpose.� For the |
�
|
purposes of this section, conduct violating a penal law of this |
�
|
state occurs before the effective date of this Act if any element of |
�
|
the violation occurred before that date. |
�
|
�������SECTION�7.��This Act takes effect September 1, 2009. |
� |
� |
� |
______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
� |
�
|
�������I certify that H.B. No. 558 was passed by the House on April |
�
|
15, 2009, by the following vote:��Yeas 147, Nays 0, 1 present, not |
�
|
voting. |
�
|
|
�
|
______________________________ |
�
|
Chief Clerk of the House��� |
� |
� |
�
|
�������I certify that H.B. No. 558 was passed by the Senate on May |
�
|
21, 2009, by the following vote:��Yeas 31, Nays 0. |
�
|
|
�
|
______________________________ |
�
|
Secretary of the Senate���� |
�
|
APPROVED:��_____________________ |
�
|
�������������������Date���������� |
�
|
� |
�
|
����������_____________________ |
�
|
�����������������Governor������� |