Texas Family Code - Section 51.08. Transfer From Criminal Court
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§ 51.08. TRANSFER FROM CRIMINAL COURT. (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
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 him to the custody of 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 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 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.
(d) A court that has implemented a juvenile case manager
program under Article 45.056, Code of Criminal Procedure, may, but
is not required to, waive its original jurisdiction under
Subsection (b)(1).
(e) A juvenile court may not refuse to accept the transfer
of a case brought under Section 25.094, Education Code, for a child
described by Subsection (b)(1) if a prosecuting attorney for the
court determines under Section 53.012 that the case is legally
sufficient under Section 53.01 for adjudication in juvenile court.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 1040, § 21, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 1245, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 169, § 2, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1297, § 6, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 283, § 3, eff. Sept. 1, 2003; Acts 2005, 79th
Leg., ch. 650, § 1, eff. Sept. 1, 2005.
Section: 51.06 51.07 51.071 51.072 51.073 51.074 51.075 51.08 51.09 51.095 51.10 51.101 51.102 51.11 51.115
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Last modified: August 10, 2007
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