Texas Code of Criminal Procedure

§ 4.18 — CLAIM OF UNDERAGE

CR § 4.18Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 4. COURTS AND CRIMINAL JURISDICTION

Statute text

(a)A claim that a district court or criminal district court does not have jurisdiction over a person because jurisdiction is exclusively in the juvenile court and that the juvenile court could not waive jurisdiction under Section 8.07(a), Penal Code, or did not waive jurisdiction under Section 8.07(b), Penal Code, must be made by written motion in bar of prosecution filed with the court in which criminal charges against the person are filed.

(b)The motion must be filed and presented to the presiding judge of the court:

(1)if the defendant enters a plea of guilty or no contest, before the plea;

(2)if the defendant's guilt or punishment is tried or determined by a jury, before selection of the jury begins; or

(3)if the defendant's guilt is tried by the court, before the first witness is sworn.

(c)Unless the motion is not contested, the presiding judge shall promptly conduct a hearing without a jury and rule on the motion. The party making the motion has the burden of establishing by a preponderance of the evidence those facts necessary for the motion to prevail.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 74 (S.B. 888), Sec. 1, eff. September 1, 2015.