HBA-TYH H.B. 417 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 417
By: Talton
Criminal Jurisprudence
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, under Texas law, any criminal offense committed against a child
may be prosecuted in any county in which the offender is found or in which
an element of the offense occurs.  This includes the county in which the
victim is abducted, or the county through which the victim is transported
in the course of the crime.  H.B. 417 allows a criminal offense committed
against a child to be prosecuted in the county in which the child resides
at the time the alleged offense occurs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 13, Code of Criminal Procedure, by adding
Article 13.151, as follows: 

Art. 13.151.  CERTAIN OFFENSES AGAINST CHILDREN.  Provides that an offense
under Chapter 21(Sexual Offenses) or 22 (Assaultive Offenses), Penal Code,
or Section 25.02 (Prohibited Sexual Conduct) or 43.25 (Sexual Performance
by a Child), Penal Code, committed against a child younger than 15 years of
age may be prosecuted in the county in which the child resides at the time
the information or indictment alleging the offense is presented. 

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.