Texas Family Code 53.045 – Offenses Eligible for Determinate Sentence
(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 § 51.031 or that included the violation of any of the following provisions:
(1) § 19.02, Penal Code (murder);
(2) § 19.03, Penal Code (capital murder);
(3) § 19.04, Penal Code (manslaughter);
(4) § 20.04, Penal Code (aggravated kidnapping);
(5) § 22.011, Penal Code (sexual assault) or § 22.021, Penal Code (aggravated sexual assault);
(6) § 22.02, Penal Code (aggravated assault);
(7) § 29.03, Penal Code (aggravated robbery);
(8) § 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) § 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) § 15.03, Penal Code (criminal solicitation);
(12) § 21.11(a)(1), Penal Code (indecency with a child);
(13) § 15.031, Penal Code (criminal solicitation of a minor);
(14) § 15.01, Penal Code (criminal attempt), if the offense attempted was an offense under § 19.02, Penal Code (murder), or § 19.03, Penal Code (capital murder), or an offense listed by Article 42A.054(a), Code of Criminal Procedure;
(15) § 28.02, Penal Code (arson), if bodily injury or death is suffered by any person by reason of the commission of the conduct;
(16) § 49.08, Penal Code (intoxication manslaughter); or
(17) § 15.02, Penal Code (criminal conspiracy), if the offense made the subject of the criminal conspiracy includes a violation of any of the provisions referenced in Subdivisions (1) through (16).
(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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Family Code 53.045
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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 § 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 Criminal Justice as provided by § 152.00161(c) or 245.151(c), Human Resources Code, as applicable, 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 § 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.