~~ATTOMNEY GENERAL, 

OF %-ExAs 

PRICE DANIEL 

ATTORNEY GENERAL 

lion* Austin Quest 

County Attorney 

Clarksvllle, Texas 

l.Ww Mra Guests 

Oplnioa NO. v-1328 

Bea LegalUby of enfomiaag 

peiwaiarg fLe*s abilrst 

minors for *ioLetioa of 

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 vahlale with a 

valid driver@B lioenfm, vlo~tes:s pro~lsio?~ 

of thw U~lform Trafflo Act as eet forth la Article 6701dp Vernon's Civil Statutes, and not 

coming within provlslon of 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 disposition of 6harges brought 

against them? 

"2 0 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 together wfth costs after beiag found 

guilty by 8 eourt of aompeteblt gur~salcts.ona 

"3 0 If qussffon number one is answered In 

the negative, then how may the judgment of the 

cowt be enforced upon 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 ooslts adjudged against 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 convicted of a crimw in any 
Bon. Austin ‘best, Page 2 (v-1328) 

court a” The purpose.of that Article being to substitute . . - entirely new proceedlrigs In the nature of civil proceedings, to discontinue the handling of ohildren as criminals, 

and to make provision for a special oourt and for special 

handling of child offenders against 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 possible exceptions are such as are 

dictated by constitutional considerations or by a olear 

intent got: “OgPari In subsequent legislatton. 

(Tar, Grim. 7 194 ) , ‘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 

Constitution of 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 prohibition of 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 aould be osecuted and fined under 

th8 

r 

orlafons of &us@ Bill 5 r 1, 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 Legislature to prosecute 

and gudsfeh chfldren for the specfffe arimes there enumerated. 

YOW request sqgeats no constftutfonal ob jectfon 

tom exempting ohfldren from the penalties provided for violat~one of Aptiale 6701d, V&C .S 6 PIor is the facet that such 

a child holds a valid drfvepfs license pertineat 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 criminal proceeding and 

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

Your second question is predicated on’ an affimative aa0wos to your ffmt qauebfon am3 regufree no an8w0r. 
fi011. Austin Guest, page 3 (v-1328) 

As to your third question, we concluded In 

Opinion V-1283, suora, that "the offenses described In 

House Bill 581 are to be handled as orimlual matters” 

and In those courts having urisdiction ~of crlmlnal oases 

punishable by fine only of 4 50 .OO or less, It follows 

that provlslons for incarceration of convicted persons 

in lieu of payment of the fine are also applicable0 In 

this connection, however, the provisions of Artlols 

23384, Section 27, requiring segregation of juveniles 

Prom adults within a jail or lock-up, not being laoonsisteht with the provisions of Uw requlriug such ln0arOeratlon In lieu of psyment o? the fine, are applicable. 

Statutory provialous for orlmlnal 

proeeoutioa and assesszmnt of tinas against 

persons violating’ Artlule 67016, V,C,S,, 

known a8 the Uniform Aat Regulating Trafflo 

on HIghways, are not applloable to males 

under 17 years old sod females under 18 years 

old, Article 2338-3 V,CwS. 

Juveniles prosecuted and fined under 

House Bill 581, Aots sud Leg., R.S. 1951, 

codified as Article %02d, V.Pd., may be 

lncaroerated in jail In lieu of payment of 

the fines assessed, but must be there segreated 

f 

from adults, as 

rticle 2338-1, V.C.S. 

required by Se&Ion 17, 

hPPROVEDs 

Everett IIutohLnson 

&lmcutlve Assirt&rit 

Yours very truly, 

PRZ(33 I;IRH= 

Attorney General _ 

cbcrles D. Npthewm 

First Assistant 

Assisteat