Untitled Texas Attorney General Opinion

Honorable.EW LI’.liamllton Opinion No. C-257 County Attorney Terry - County Rer ~~nstructlonOS Article BroviWleld, Tems U02e, V.P.C., concerning .convictlonof minors. Dear NP. Hamilton: You recently requested an opinion of this office on the following questions: 1. UPon a final convictionof a minor defendant of an offense as provided In ArWcle 802e, Vernonas Penal Code, after which contic-, tion said defendant refuses to pay the Sine assessed, and in addition refuses to surrender his driver’s license after being ordered to do so by the,court, what means may be used to compel said defendant to surrender hls drlverls license until such Sine has been paid? 2. HOW can Article 8026, Vernon’s Penal Code, be enforced if the Juvenile CouFts are deprived of jurisdictfon? In the event a minor after having his kensa suspended in a&co&ance tith Arti- cle 80?e, Vernon’s Penal Code, drives an auto- mobile during such suspension,how may a convictionfor such violation be enforced? Sfnce all three questions presented concern enfokement OS Article 802e, they.shall be discussed together. Article 802e, Section 1, Vermon’s Penal Code/provides for penaltles SOP certain enumerated offetisesto be applied to minors within specified age g~otaps. Sections 2 and 3 of said Article further provide as Sollows~ “Sec. 2;’ No such m%norp after convlctibn or plea of guilty and ImposZtionof ,flne,shall -1232- Honorable E, L. Hamilton, Page 2 (C-257 ) be committed to,any jail in default of payment of the Sine imposed, but the court imposing .suchSine shall have power to suspend and take possession of ‘suchminor’s driving license,and retain the same until such ffne has been paid. “Sec. 3. If any such minor shall drive any motor vehicle upon any public road or hlgh- way in this state'or upon any street or alley within the limits of any corporate city0 town or villa e, or upon any beach as defined in Chapter &30, Acts of the 51st Legislature,1949, without having a valid driver18 license author- izing such driving, such minor shal3 be guilty of a misdemeanor and shall be fined as set out in Section 1 hereof." Section 4 of Article 802e provides that the,JuvenlleCourts shall not have jurisdictionof the offenses set out In that Artl- cle. As stated above, Section 2 of the Article specifically empowers that court imposing a Sine for a violation of Section 1 to ,suspendand take possession of the minor’s dziver’s license and retafn same until such fine has been paid. Article 2386, VernonQs Civil,Statutes, prov%desp anlamgother thwgs, as follows: "w'Ustices of the Peace s&ll also have power" "1. To punish any party guilty OS ~8 contempt of court by fine not to exceed 25 and by Imprisonmentnot exceeding one (1! daya” If the minor refuses to pay the fine assessed after a con- viction under Article 802e, Sec. 1, Vernonfs Civil Statutes, and, in additfon, refuses to surrender MS license as ordered by the court until the fine Is paid, by authority of Article 2386, the court may order the minor to appear and show cause why he should not be held in contempt of court far failure to'surrenderhis license as ordered. 1~ this manner, an order of suspensionunder Article 802e may be enf’oreed. If, after his license has been suspended In accordance with Honorable E. L. Hamilton, Page 3 (C-257 ) _ 802e, Article . .a minor ___ operates , a_ motor vehicle during such sus- enslon, he should be prosecuted not under Sec. 1 OS Article 802e but rather under Sec. 3 of that Article. Sec. 3, as has already been pointed out, creates the offense of drlvlng with- out having a valid driver's license, It should be noted that the provision prohibiting the jailing of a minor for default of a fine Imposed applies only to a Sine assessed after a convlc- tlon for a violation of an offense created by Sec. 1, Article 802e o There is no such prohlbltionapplying to a fine assessed after a convictionfor a violation of Sec. 3, Article 802e. A minor convicted of a Violationof Sec. 3 may be remanded to jail if the fine Is not paid. Attorney General's Opinion WW-1220, a copy of which is attached. SUMMARY A minor convicted of a violation of Article 802e, Sec. 1, V.P.C., who refuses to pay the fine assessed and refuses to surrenderhis driver's license until the Sine Is paid may be held In con- tempt of court. A minor who, after having his license suspended,drives a vehicle during such suspension,should be prosecuted under Article 802e, Sec. 3, V.P.C., and may be remanded to jail if he defaults in the payment of the fine assessed. Yours very truly, WAGGONER CARR Attorney General of Texas SK:cjp:aj APPROVED: OPINION COMMITTEZ: W. V, Geppert, Chairman Norman Suarez Cecil Rotsch Robert Smith ..' i%%iii%R THE ATTORNEY GNNERAL By: Stanton Stone -1234-