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1975 Texas Attorney General Reports and Opinions 2208 (1975)

handle is hein.sag/sagtx0005 and id is 1 raw text is: PIMTTK ATrTORNEY GENERAL oF TEXAS AUs-rTI, TEXAS 78711 JOHN L. HILL ATTORNEY GENERAL January 7, 1975 The Honorable Clayton T. Garrison Opinion No. H- 487 Executive Director Texas Parks and Wildlife Department Re: Jurisdiction over John H. Reagan Building juveniles, 14 to 17 Austin, Texas 78701 years of age for violation of game and Dear Mr. Garrison: fish laws. You have requested our opinion concerning jurisdiction over violations of the game and fish laws and the Water Safety Act, V. T. C. S., article 9206 (formerly Penal Code, article 1722a) when the defendant is between 14 and 17 years of age. The fish and game laws and the Water Safety Act provide for different penalties and jurisdiction for various violations. However, section 8. 07(b) of the Texas Penal Code provides that a person under 17 years of age may not be prosecuted for or convicted of any offense other than aggravated perjury, a violation of a traffic ordinance, and driving while intoxicated unless the Juvenile Court waives jurisdiction and certifies him to a District Court for criminal prosecution. Section 54. 02 of the Family Code restricts such a waiver and certification to felony cases. Since violations of the fish and game laws or the Water Safety Act are with few exceptions mis- demeanors, this certification process will be unavailable as a means for prosecuting persons under 17 years of age for most violations. Nevertheless, this procedure may be utilized when the violation constitutes a felony, which is defined as an offense punishable by confinement in the penitentiary. Penal Code, § 1. 07 (14). Where the offense is a misdemeanor other than those listed above, section 8. 07 of the Penal Code in effect requires the case to be brought as a juvenile proceeding under Title III of the Family Code. Unless certified to the District Court violations constituting a felony must also be brought under Title III. Section 51. 04 of the Family Code gives the Juvenile Court exclusive jurisdiction over proceedings under Title III. Section 51. 03(a) defines delinquent conduct as that which violates a penal law punishable by imprisonment or confinement in jail. Section 51. 03(b)(1) specifies conduct p. 2208

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