Texas Family Code

§ 54.02 — WAIVER OF JURISDICTION AND DISCRETIONARY TRANSFER TO CRIMINAL COURT

FA § 54.02Title 3. JUVENILE JUSTICE CODE · Ch. 54. JUDICIAL PROCEEDINGS

Statute text

(a)The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal district court for criminal proceedings if:

(1)the child is alleged to have violated a penal law of the grade of felony;

(2)the child was:

(A)14 years of age or older at the time he is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree, and no adjudication hearing has been conducted concerning that offense; or

(B)15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony, and no adjudication hearing has been conducted concerning that offense; and

(3)after a full investigation and a hearing, the juvenile court determines that there is probable cause to believe that the child before the court committed the offense alleged and that because of the seriousness of the offense alleged or the background of the child the welfare of the community requires criminal proceedings.

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Legislative history

Acts 2009, 81st Leg., R.S., Ch. 1354 (S.B. 518), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1087 (S.B. 1209), Sec. 4, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1103 (S.B. 1617), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 16, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 971 (S.B. 2049), Sec. 3, eff. September 1, 2021.