Texas Family Code - Section 53.045. Violent Or Habitual Offenders
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§ 53.045. VIOLENT OR HABITUAL OFFENDERS. (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 Section 3g(a)(1), Article 42.12, 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; or
(16) Section 49.08, Penal Code (intoxication
manslaughter).
(b) A grand jury may approve a petition submitted to it
under this section by a vote of nine members of the grand jury in the
same manner that the grand jury votes on the presentment of an
indictment.
(c) The grand jury has all the powers to investigate the
facts and circumstances relating to a petition submitted under this
section as it has to investigate other criminal activity but may not
issue an indictment unless the child is transferred to a criminal
court as provided by Section 54.02 of this code.
(d) If the grand jury approves of the petition, the fact of
approval shall be certified to the juvenile court, and the
certification shall be entered in the record of the case. For the
purpose of the transfer of a child to the Texas Department of
Corrections as provided by Section 61.084(c), Human Resources Code,
a juvenile court petition approved by a grand jury under this
section is an indictment presented by the grand jury.
(e) The prosecuting attorney may not refer a petition that
alleges the child engaged in conduct that violated Section
22.011(a)(2), Penal Code, or Sections 22.021(a)(1)(B) and (2)(B),
Penal Code, unless the child is more than three years older than the
victim of the conduct.
Added by Acts 1987, 70th Leg., ch. 385, § 7, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 574, § 1, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 262, § 26, 27, eff. Jan. 1, 1996;
Acts 1997, 75th Leg., ch. 1086, § 8, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 1297, § 19, eff. Sept. 1, 2001.
Section: 53.01 53.012 53.013 53.02 53.03 53.035 53.04 53.045 53.05 53.06 53.07 53.08 54.01 54.011 54.012
Last modified: August 11, 2007
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