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