Untitled Texas Attorney General Opinion ( 1985 )

The Attorney General of Texas JIM MATTOX May 10. 1985 Attorney General supremeCounBuilding Eonorablc Oscar Mauzy Opinion NO. J&316 P. 0. Box 125.49 Chairmsn Aus!in. TX. 78711- 2548 Cmittee on Jurispruience Re: Whether a municipal court 51214752591 Texas State Senate has jurisdiction to try a Class Telex 910/674-1367 P. 0. Box 12068, Capitol Station C non-traffic misdemeanor case Telacooier 512/4750268 Austin. Texas 78711 involving a defendant under the age of seventeen 714 Jackson. Suite 700 Dallas. TX. 75202-4508 Dear Senator Maury: 2lU7428944 You haveasked ðer a municipal court has jurisdiction to try 4824 AILwla Ave.. SUite 180 a Class C misdemeanor offense, excluding traffic offenses, involving a El Paso. TX. 79905.2793 fifteen or sixteen-ywr-old defendant who has fewer than three prior 915~5353484 Class C misdemeanors. Including the one to be tried. Section 51.08 of the Family Code reads as follows: lwl Texas. Suite 700 ~ouston.TX. 77002-3111 If the &fendant in a criminal proceeding is a 71312235886 child who is charged with an offense other than perjury or a traf fit offense, unless he has been transferred to criminal court under Section 54.02 606 Broadway. Suite 312 of this code, the court exercising criminal juris- Lubbock, TX. 79401.3479 806/747-5235 diction sh;Lll transfer the case to the juvenile court, together with a copy of the accusatory pleading a’w1 other papers, documents, and tran- 4309 N. Tenth. Suite S scripts of testimony relating to the case, and McAllen. TX. 78501-1@5 shall order that the child be taken to the place 5121582-4547 of detenticlrl designated by the juvenile court, or shall rele,%:se him to the custody of his parent, 200 Main Plaza. Suite 400 guardian, or custodian, to be brought before the San An,onm. TX. 792052797 juvenile court at a time designsted by that court. 51212254191 See also Penal Code !:8.07. An Equal OpportunityI Affirmative Action EmPlOYel A municipal cour’t does not have jurisdiction over these offenses because if prosecutj.cNn is Instituted in a municipal court, section 51.08 of the Family Code requires that the case be transferred to juvenile court. &Less jurisdiction is waived, the juvenile court then has exclusive j,urlsdiction of delinquent conduct and conduct indicating a need for supervision of a juvenile and the proceedings under title 3 of the Family Code, vhich are not criminal prosecutions. Ronorabla Oscar Maury - Page 2 (JFf-316) SUNMARY -- A municipal tour!: does not have jurisdiction over a Class C misdemeanor offense involving a juvenile who has fewer than three prior Class C misdemeanor convictims. s Mat% Very JIM ruly AL Attorney your MATTOX General of Texas TOM GREEN First Assistant Attorney Gener,n:l DAVID R. RICHARDS Executive Assistant Attorney General ROBERT GRAY Special Assistant Attorney General RICK GILPIN Chairman. Opinion Committee Prepared by Tony Guillory Assistant Attorney General APPROVED: OPINION COMMITTEE Rick Gilpin. Chairman Jon Bible Colin Carl Susan Garrison Tony Guillory Jim Moellinger Jennifer Riggs Nancy Sutton p. 1449