Bill Text: TX HB1654 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the eligibility of a child for a determinate sentence for engaging in delinquent conduct that constitutes certain organized criminal activity.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-12 - Referred to State Affairs [HB1654 Detail]
Download: Texas-2023-HB1654-Comm_Sub.html
Bill Title: Relating to the eligibility of a child for a determinate sentence for engaging in delinquent conduct that constitutes certain organized criminal activity.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-05-12 - Referred to State Affairs [HB1654 Detail]
Download: Texas-2023-HB1654-Comm_Sub.html
88R8019 CJD-F | ||
By: Cook, Capriglione, Murr, Goldman | H.B. No. 1654 |
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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); [ |
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(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. |