## ~~ATTOMNEY GENERAL,
OF %-ExAs

PRICE DANIEL ATTORNEY GENERAL

lion* Austin Quest CountyAttorney Clarksvllle,Texas

l.Ww Mra Guests Oplnioa NO. v-1328

Bea LegalUby of enfomiaag peiwaiarg fLe*s **abilrst** minors for *ioLetioaof UnJaffom Trafii8 &de,

Your request for an opinion l’bt3dB In park

"1. Is a minor 

### uuder the age of 17 years, who, while operating

### a motor vahlalewith a valid driver@B lioenfm, vlo~tes:s pro~lsio?~ of thw U~lform TraffloAct as eet forth la Article 6701dpVernon's Civil Statutes,and not coming within provlslonof LB, 583, Chapter 436 of the Acts of the 52nd bglslature effgsctfve June 15, 1'951, subject to being found gnlltg and finad for such violation in view of Artiole 2338-1, V,C.S,, relating to juveniles and dispositionof 6hargesbrought against them?

"20 If the above question Is awwsred in the afPfrmtives how may such fine be enfomsd against G-M minor fn the event ha refuses to pay the seam togetherwfth costs after beiag found guilty by 8 eourt of aompeteblt gur~salcts.ona

"30 If qussffonnumber one is answered In the negative, then how may the judgmentof the cowt be enforcedupon a minor Bstig found guilty Of the charge brought a@%lnBt h%m 

### auadwr H.B. 581, Aots of thhe

52nd L@g%sUiture,

upon his befBs unable, or refuu8alp

to pay th@ fine ati oosltsadjudgedagainst him?*
Aptiole 2338-3, V,CG?B.~ la r&skit@ elaboz'ate and drastic changes in the natures of prooaredings

for the care, ousbo&y, 6orr6et$on, and eckmatfon of nmb juveniles under 17 y&am old and female juveniles under 18 years old who rioLate the aPiminal ~~8, provides in Section 13 that no ahild shall '%e ch.srgml with or convictedof a crimw in anyBon. Austin ‘best, Page 2 (v-1328)

court a” The purpose.ofthat Article being to substitute

. . - entirely new proceedlrigs In the nature of civil proceedings, to discontinuethe handling of ohildrenas criminals, and to make provision for **a** special oourt **and** for special handling of child offendersagainst the laws, we are of the opinion that the procedure**for** trial and punishment for crimes a8 provided for in any criminal statute Is inapplicable to juveniles below the ages stated. Wilsoq, 142 Tex. 460, 179 S .W.2d 269 (1944) B Deads v.

The oraly possibleexceptions are such as are dictated by constitutional 

### considerations

or by **a** olear intent 

### got: “OgPari In subsequentlegislatton. (Tar, Grim. 194

7 ) , ‘the v State, 182 S .W.2d 812 tiat to give effect to Artiok 2338~1.a~ 

### exempting ohildren

from 

### crlmbal prosecution Tar peP&r~ would have the effect of dlequallfylng ohildren 88 

### witnesserr under Section 5 of Artlole I of the Constitutionof Texas, which would deprive them and others of due proaem of law and would discriminate against them in.vlolatlon

of other oonatitutlonal provisions. However, the affeot of the holding In that opinion,

### as WQ oonstrue it, is to exclude only the arime of perjury from the general prohibitionof Section 13 of Article 2338-l against prosecut

92 children for mire. Oplnlon v- 83 And in Attorney General’s

(1951) It was ooncluued that children 14 through 16 years old 

### aouldbe osecutedand fined under th8
r orlafons of &us@ Bill 5r1, Acts 5.288 Leg.9 R .S -1951, oh. 36, p* 786, iodffled au Article 802d, V.P.C., but only becruee o? the **clear** inter& of tha Legislatureto prosecute and gudsfeh

chfldren for the specfffearimes there enumerated.

YOW request sqgeats no constftutfonal objectfon tom exemptingohfldren from the penaltiesprovided for violat~one of Aptiale 6701d, V&C .S 6 PIoris the facet that such
a child holds a valid drfvepfs licensepertineat to the quertion

P Artisle 2338-l makes no exception Ln that regard aad we have found no other $,tatute to that effect,

**In** 

### amwar to your first question,you am therefore advised that a minor 

### under the 

### age of 17 yews Is not subject to being found gulltg in a criminalproceedingand **fined** 

### for violations **of Artfale**  6703.~1, the Unffom Aot Regulating Traffic on Bighways cI

Your second **question** is predicatedon’ an affimative aa0wos to your ffmt qauebfon

### am3 regufreeno an8w0r.fi011. Austin Guest, page 3 (v-1328)

As to your third question,we concluded In Opinion V-1283, suora, that "the offensesdescribed In House Bill 581 are to be handled as orimlual

### matters” and In those courts having urisdiction ~ofcrlmlnal 

### oases punishableby fine only of 

### 450 .OO or less, It 

### follows that provlslonsfor incarceration of convictedpersons in lieu of payment of the fine are also applicable0 In this connection,

however, the provisionsof Artlols 23384, Section 27, requiring segregationof juveniles Prom adults within a jail or lock-up,not being laoonsisteht with the provisionsof Uw requlriug such ln0arOeratlon In lieu of psyment o? the fine, are applicable.



### Statutory provialousfor orlmlnal proeeoutioa



### and assesszmntof tinas against persons violating’

Artlule 67016, V,C,S,, known a8 the Uniform Aat RegulatingTrafflo
on HIghways,are not applloableto males under 17 years old sod 

### females under 18 **years** old, Article 2338-3V,CwS.

Juvenilesprosecutedand fined under House Bill 581, Aots sud Leg., R.S. 1951, codified

### as Article %02d,V.Pd., 

### may be lncaroeratedin jail In lieu of 

### payment of the fines assessed,but must be there segreated f from adults, as 

### rticle2338-1, V.C.S. requiredby Se&Ion 17,



### hPPROVEDs

Everett IIutohLnson &lmcutlve Assirt&rit Yours 

### very truly,
PRZ(33 I;IRH= Attorney General

_



### cbcrles

D. Npthewm FirstAssistant Assisteat