Texas Code of Criminal Procedure - Article 4.18. Claim Of Underage

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Art. 4.18. CLAIM OF UNDERAGE.  (a) A claim that a district 
court or criminal district court does not have jurisdiction over a 
person because jurisdiction is exclusively in the juvenile court 
and that the juvenile court could not waive jurisdiction under 
Section 8.07(a), Penal Code, or did not waive jurisdiction under 
Section 8.07(b), Penal Code, must be made by written motion in bar 
of prosecution filed with the court in which criminal charges 
against the person are filed.
	(b)  The motion must be filed and presented to the presiding 
judge of the court:
	(1)  if the defendant enters a plea of guilty or no contest, 
before the plea;
	(2)  if the defendant's guilt or punishment is tried or 
determined by a jury, before selection of the jury begins;  or
	(3)  if the defendant's guilt is tried by the court, before 
the first witness is sworn.
	(c)  Unless the motion is not contested, the presiding judge 
shall promptly conduct a hearing without a jury and rule on the 
motion.  The party making the motion has the burden of establishing 
by a preponderance of the evidence those facts necessary for the 
motion to prevail.
	(d)  A person may not contest the jurisdiction of the court 
on the ground that the juvenile court has exclusive jurisdiction 
if:
	(1)  the person does not file a motion within the time 
requirements of this article;  or
	(2)  the presiding judge finds under Subsection (c) that a 
motion made under this article does not prevail.
	(e)  An appellate court may review a trial court's 
determination under this article, if otherwise authorized by law, 
only after conviction in the trial court.
	(f)  A court that finds that it lacks jurisdiction over a 
case because exclusive jurisdiction is in the juvenile court shall 
transfer the case to the juvenile court as provided by Section 
51.08, Family Code.
	(g)  This article does not apply to a claim of a defect or 
error in a discretionary transfer proceeding in juvenile court.  A 
defendant may appeal a defect or error only as provided by Article 
44.47.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 80, eff. Jan. 1, 1996.  
Amended by Acts 1999, 76th Leg., ch. 1477, Sec. 27, 28, eff. Sept. 
1, 1999.

Last modified: August 10, 2007