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AN ACT
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relating to the discretionary transfer from a juvenile court to a |
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criminal court of certain alleged offenses arising out of a single |
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criminal transaction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.02, Family Code, is amended by |
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amending Subsection (g) and adding Subsection (g-1) to read as |
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follows: |
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(g) If the petition alleges multiple offenses that |
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constitute more than one criminal transaction, the juvenile court |
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shall either retain or transfer all offenses relating to a single |
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transaction. Except as provided by Subsection (g-1), a [A] child is |
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not subject to criminal prosecution at any time for any offense |
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arising out of a criminal transaction for which the juvenile court |
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retains jurisdiction. |
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(g-1) A child may be subject to criminal prosecution for an |
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offense committed under Chapter 19 or Section 49.08, Penal Code, |
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if: |
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(1) the offense arises out of a criminal transaction |
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for which the juvenile court retained jurisdiction over other |
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offenses relating to the criminal transaction; and |
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(2) on or before the date the juvenile court retained |
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jurisdiction, one or more of the elements of the offense under |
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Chapter 19 or Section 49.08, Penal Code, had not occurred. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, conduct occurs before the effective date |
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of this Act if any element of the conduct occurs before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1617 passed the Senate on |
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April 18, 2011, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1617 passed the House on |
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May 25, 2011, by the following vote: Yeas 142, Nays 4, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |