Lower Age: 10

Upper Age: 16

Discretionary Waiver Family Code, Sec. 54.02

The juvenile court may waive its exclusive original jurisdiction over a child who meets age/offense criteria if it finds, after a full investigation and hearing, that (1) there is probable cause to believe the child committed the offense alleged and (2) because of the offense's seriousness or the child's background the welfare of the community requires a transfer for criminal proceedings. The prehearing investigation must include a diagnostic study, a social evaluation, and an investigation of the child, his circumstances, and the circumstances surrounding the offense. The law recites various factors that must be considered in making the transfer determination. If the court transfers (or retains) jurisdiction over one offense, it must likewise transfer (or retain) jurisdiction over all others arising out of the same criminal transaction. Once the juvenile court transfers jurisdiction of a case, the adult criminal court may not remand it.

[Note—Lesser standards apply to the transfer of someone who is already 18 but is accused of an offense committed as a juvenile, as long as the State shows that it exercised due diligence.]

Offense Category Minimum Age Offense Detail

Certain Felonies 14/15 14—First degree felony.

15—Second or third degree felony or State jail felony.

Capital 14 Capital felony.

Drug 14 Aggravated controlled substance felony.

Statutory Exclusion Family Code, Sec. 51.03

A jurisdictional provision specifies that "nothing in [the Juvenile Justice Code] prevents criminal proceedings against a child for perjury."

Offense Category Minimum Age Offense Detail

Certain Felonies None specified Perjury.

Once an Adult, Always Family Code, Sec. 54.02(m) and (n)

If a child has previously been transferred to adult court, the juvenile court must waive jurisdiction over any subsequent felony offense, without the elaborate investigation required in connection with discretionary waivers, unless the child was acquitted or not indicted, won a dismissal with prejudice, or had his conviction reversed on a final appeal in the previous case.