Case Information
*1 The Attorney General of Texas May 10. 1985 JIM MATTOX
Attorney General Eonorablc Oscar Mauzy Opinion NO. J&316
supreme Coun Building P. 0. Box 125.49 Aus!in. TX. 78711- 2548 [51214752591] Telex 910/674-1367 Telacooier 512/4750268 Cmittee Chairmsn P. 0. Box 12068, Capitol Station Austin. Texas Texas State Senate on Jurispruience 78711 has jurisdiction C non-traffic misdemeanor case Re: Whether a municipal court involving a defendant under the to try a Class
age of seventeen 714 Jackson. Suite 700 Dallas. TX. 75202-4508 Dear Senator Maury: 2lU7428944
You have asked ðer a municipal court has jurisdiction to try a Class C misdemeanor offense, excluding traffic offenses, involving a 4824 AILwla Ave.. SUite 180 fifteen or sixteen-ywr-old defendant who has fewer than three prior El Paso. TX. 79905.2793 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. [71312235886] 77002-3111 child who is charged with an offense other than been he has perjury or a traf fit offense, unless If the &fendant in a criminal proceeding is a transferred to criminal court under Section 54.02
606 Broadway. Suite 312 of this code, the court exercising criminal juris- Lubbock, TX. 79401.3479 diction sh;Lll transfer the case to the juvenile 806/747-5235 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 the case, and to 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 San An,onm. TX. 792052797 [51212254191] guardian, or custodian, juvenile court at a time designsted by that court. to be brought before the
See also Penal Code !:8.07. An Equal OpportunityI A municipal cour’t does not have jurisdiction over these offenses Affirmative Action EmPlOYel
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. ruly your s Mat%
Very
AL
JIM MATTOX
Attorney 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