Texas Family Code - Section 55.44. Transfer To Criminal Court On 18th Birthday Of Child
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§ 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
CHILD. (a) The juvenile court shall transfer all pending
proceedings from the juvenile court to a criminal court on the 18th
birthday of a child for whom the juvenile court or a court to which
the child's case is referred has ordered inpatient mental health
services or residential care for persons with mental retardation
if:
(1) the child is not discharged or furloughed from the
facility before reaching 18 years of age; and
(2) the child is alleged to have engaged in delinquent
conduct that included a violation of a penal law listed in Section
53.045 and no adjudication concerning the alleged conduct has been
made.
(b) The juvenile court shall send notification of the
transfer of a child under Subsection (a) to the facility. The
criminal court shall, before the 91st day after the date of the
transfer, institute proceedings under Chapter 46B, Code of Criminal
Procedure. If those or any subsequent proceedings result in a
determination that the defendant is competent to stand trial, the
defendant may not receive a punishment for the delinquent conduct
described by Subsection (a)(2) that results in confinement for a
period longer than the maximum period of confinement the defendant
could have received if the defendant had been adjudicated for the
delinquent conduct while still a child and within the jurisdiction
of the juvenile court.
Added by Acts 1999, 76th Leg., ch. 1477, § 14, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 35, § 8, eff. Jan. 1,
2004.
Section: 55.37 55.38 55.39 55.40 55.41 55.42 55.43 55.44 55.45 55.51 55.52 55.53 55.54 55.55 55.56
Last modified: August 11, 2007
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