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  By: Hernandez (Senate Sponsor - Ellis) H.B. No. 558
         (In the Senate - Received from the House April 16, 2009;
  April 27, 2009, read first time and referred to Committee on
  Criminal Justice; May 14, 2009, reported favorably by the
  following vote:  Yeas 7, Nays 0; May 14, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
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.
 
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