Bill Text: TX HB1240 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-03 - Referred to Juvenile Justice & Family Issues [HB1240 Detail]
Download: Texas-2015-HB1240-Introduced.html
84R341 ADM-D | ||
By: Walle | H.B. No. 1240 |
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relating to the age of criminal responsibility and to certain | ||
substantive and procedural matters related to that age. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY | ||
SECTION 1.01. Section 51.02(2), Family Code, is amended to | ||
read as follows: | ||
(2) "Child" means a person who is: | ||
(A) 10 [ |
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[ |
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(B) 18 [ |
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under 19 [ |
||
delinquent conduct or conduct indicating a need for supervision as | ||
a result of acts committed before becoming 18 [ |
||
SECTION 1.02. Sections 8.07(b) and (c), Penal Code, are | ||
amended to read as follows: | ||
(b) Unless the juvenile court waives jurisdiction under | ||
Section 54.02, Family Code, and certifies the individual for | ||
criminal prosecution or the juvenile court has previously waived | ||
jurisdiction under that section and certified the individual for | ||
criminal prosecution, a person may not be prosecuted for or | ||
convicted of any offense committed before reaching 18 [ |
||
age except an offense described by Subsections (a)(1)-(5). | ||
(c) No person may, in any case, be punished by death for an | ||
offense committed while the person was younger than 19 [ |
||
SECTION 1.03. Section 12.31, Penal Code, is amended to read | ||
as follows: | ||
Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged | ||
guilty of a capital felony in a case in which the state seeks the | ||
death penalty shall be punished by imprisonment in the Texas | ||
Department of Criminal Justice for life without parole or by | ||
death. An individual adjudged guilty of a capital felony in a case | ||
in which the state does not seek the death penalty shall be punished | ||
by imprisonment in the Texas Department of Criminal Justice for: | ||
(1) life, if the individual committed the offense when | ||
younger than 19 [ |
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(2) life without parole, if the individual committed | ||
the offense when 19 [ |
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(b) In a capital felony trial in which the state seeks the | ||
death penalty, prospective jurors shall be informed that a sentence | ||
of life imprisonment without parole or death is mandatory on | ||
conviction of a capital felony. In a capital felony trial in which | ||
the state does not seek the death penalty, prospective jurors shall | ||
be informed that the state is not seeking the death penalty and | ||
that: | ||
(1) a sentence of life imprisonment is mandatory on | ||
conviction of the capital felony, if the individual committed the | ||
offense when younger than 19 [ |
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(2) a sentence of life imprisonment without parole is | ||
mandatory on conviction of the capital felony, if the individual | ||
committed the offense when 19 [ |
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SECTION 1.04. The changes in law made by this article apply | ||
only to an offense committed or conduct violating a penal law of | ||
this state that occurs on or after the effective date of this Act. | ||
An offense committed or conduct that occurs before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
offense was committed or the conduct occurred, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed or conduct violating a penal law of this | ||
state occurred before the effective date of this Act if any element | ||
of the offense or conduct occurred before that date. | ||
ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT | ||
SECTION 2.01. Sections 15.031(e) and (f), Penal Code, are | ||
amended to read as follows: | ||
(e) An offense under this section is one category lower than | ||
the solicited offense, except that an offense under this section is | ||
the same category as the solicited offense if it is shown on the | ||
trial of the offense that the actor: | ||
(1) was at the time of the offense 18 [ |
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or older and a member of a criminal street gang, as defined by | ||
Section 71.01; and | ||
(2) committed the offense with the intent to: | ||
(A) further the criminal activities of the | ||
criminal street gang; or | ||
(B) avoid detection as a member of a criminal | ||
street gang. | ||
(f) In this section, "minor" means an individual younger | ||
than 18 [ |
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SECTION 2.02. Section 21.02(b), Penal Code, is amended to | ||
read as follows: | ||
(b) A person commits an offense if: | ||
(1) during a period that is 30 or more days in | ||
duration, the person commits two or more acts of sexual abuse, | ||
regardless of whether the acts of sexual abuse are committed | ||
against one or more victims; and | ||
(2) at the time of the commission of each of the acts | ||
of sexual abuse, the actor is 18 [ |
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victim is a child younger than 14 years of age. | ||
SECTION 2.03. Section 33.021(a)(1), Penal Code, is amended | ||
to read as follows: | ||
(1) "Minor" means: | ||
(A) an individual who represents himself or | ||
herself to be younger than 18 [ |
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(B) an individual whom the actor believes to be | ||
younger than 18 [ |
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SECTION 2.04. Section 33.021(b), Penal Code, is amended to | ||
read as follows: | ||
(b) A person who is 18 [ |
||
offense if, with the intent to arouse or gratify the sexual desire | ||
of any person, the person, over the Internet, by electronic mail or | ||
text message or other electronic message service or system, or | ||
through a commercial online service, intentionally: | ||
(1) communicates in a sexually explicit manner with a | ||
minor; or | ||
(2) distributes sexually explicit material to a minor. | ||
SECTION 2.05. Section 71.022(d)(1), Penal Code, is amended | ||
to read as follows: | ||
(1) "Child" means an individual younger than 18 [ |
||
years of age. | ||
SECTION 2.06. Section 71.028(c), Penal Code, is amended to | ||
read as follows: | ||
(c) Except as provided by Subsection (d), the punishment | ||
prescribed for an offense described by Subsection (b) is increased | ||
to the punishment prescribed for the next highest category of | ||
offense if the actor is 18 [ |
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beyond a reasonable doubt on the trial of the offense that the actor | ||
committed the offense at a location that was: | ||
(1) in, on, or within 1,000 feet of any: | ||
(A) real property that is owned, rented, or | ||
leased by a school or school board; | ||
(B) premises owned, rented, or leased by an | ||
institution of higher education; | ||
(C) premises of a public or private youth center; | ||
or | ||
(D) playground; | ||
(2) in, on, or within 300 feet of any: | ||
(A) shopping mall; | ||
(B) movie theater; | ||
(C) premises of a public swimming pool; or | ||
(D) premises of a video arcade facility; or | ||
(3) on a school bus. | ||
SECTION 2.07. Section 729.001(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person who is younger than 18 [ |
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an offense if the person operates a motor vehicle on a public road | ||
or highway, a street or alley in a municipality, or a public beach | ||
in violation of any traffic law of this state, including: | ||
(1) Chapter 502, other than Section [ |
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502.412; | ||
(2) Chapter 521, other than an offense under Section | ||
521.457; | ||
(3) Subtitle C, other than an offense punishable by | ||
imprisonment or by confinement in jail under Section 550.021, | ||
550.022, 550.024, or 550.025; | ||
(4) Chapter 601; | ||
(5) Chapter 621; | ||
(6) Chapter 661; and | ||
(7) Chapter 681. | ||
SECTION 2.08. Section 729.002, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT | ||
LICENSE. (a) A person who is younger than 18 [ |
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commits an offense if the person operates a motor vehicle without a | ||
driver's license authorizing the operation of a motor vehicle on a: | ||
(1) public road or highway; | ||
(2) street or alley in a municipality; or | ||
(3) public beach as defined by Section 729.001. | ||
(b) An offense under this section is punishable in the same | ||
manner as if the person was 18 [ |
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operated a motor vehicle without a license as described by | ||
Subsection (a), except that an offense under this section is not | ||
punishable by confinement or imprisonment. | ||
SECTION 2.09. The changes in law made by this article apply | ||
only to an offense committed on or after the effective date of this | ||
Act. An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
ARTICLE 3. CRIMINAL PROCEDURES | ||
SECTION 3.01. Article 4.19, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN | ||
ADULT. (a) Notwithstanding the order of a juvenile court to | ||
detain a person under the age of 18 [ |
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stand trial as an adult in a certified juvenile detention facility | ||
under Section 54.02(h), Family Code, the judge of the criminal | ||
court having jurisdiction over the person may order the person to be | ||
transferred to an adult facility. A child who is transferred to an | ||
adult facility must be detained under conditions meeting the | ||
requirements of Section 51.12, Family Code. | ||
(b) On the 18th [ |
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Subsection (a) who is detained in a certified juvenile detention | ||
facility under Section 54.02(h), Family Code, the judge of the | ||
criminal court having jurisdiction over the person shall order the | ||
person to be transferred to an adult facility. | ||
SECTION 3.02. Articles 45.0216(b) and (h), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(b) A person may apply to the court in which the person was | ||
convicted to have the conviction expunged as provided by this | ||
article on or after the person's 18th [ |
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(1) the person was convicted of not more than one | ||
offense described by Section 8.07(a)(4) or (5), Penal Code, while | ||
the person was a child; or | ||
(2) the person was convicted only once of an offense | ||
under Section 43.261, Penal Code. | ||
(h) Records of a person under 18 [ |
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to a complaint dismissed as provided by Article 45.051 or 45.052 may | ||
be expunged under this article. | ||
SECTION 3.03. Article 45.045(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) A capias pro fine may not be issued for an individual | ||
convicted for an offense committed before the individual's 18th | ||
[ |
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(1) the individual is 18 [ |
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(2) the court finds that the issuance of the capias pro | ||
fine is justified after considering: | ||
(A) the sophistication and maturity of the | ||
individual; | ||
(B) the criminal record and history of the | ||
individual; and | ||
(C) the reasonable likelihood of bringing about | ||
the discharge of the judgment through the use of procedures and | ||
services currently available to the court; and | ||
(3) the court has proceeded under Article 45.050 to | ||
compel the individual to discharge the judgment. | ||
SECTION 3.04. Article 45.0492(a), Code of Criminal | ||
Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is amended to read as follows: | ||
(a) This article applies only to a defendant younger than 18 | ||
[ |
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misdemeanor occurring in a building or on the grounds of the primary | ||
or secondary school at which the defendant was enrolled at the time | ||
of the offense. | ||
SECTION 3.05. Article 45.0492(a), Code of Criminal | ||
Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is amended to read as follows: | ||
(a) This article applies only to a defendant younger than 18 | ||
[ |
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misdemeanor. | ||
SECTION 3.06. Articles 45.050(d), (e), and (g), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(d) A justice or municipal court may hold a person in | ||
contempt and impose a remedy authorized by Subsection (c)(2) if: | ||
(1) the person was convicted for an offense committed | ||
before the person's 18th [ |
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(2) the person failed to obey the order while the | ||
person was 18 [ |
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(3) the failure to obey occurred under circumstances | ||
that constitute contempt of court. | ||
(e) A justice or municipal court may hold a person in | ||
contempt and impose a remedy authorized by Subsection (c)(2) if the | ||
person, while younger than 18 [ |
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in contempt of an order issued by the justice or municipal court, | ||
but contempt proceedings could not be held before the person's 18th | ||
[ |
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(g) A justice or municipal court may not refer a child who | ||
violates a court order while 18 [ |
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juvenile court for delinquency proceedings for contempt of court. | ||
SECTION 3.07. Article 45.057(h), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(h) A child and parent required to appear before the court | ||
have an obligation to provide the court in writing with the current | ||
address and residence of the child. The obligation does not end | ||
when the child reaches age 18 [ |
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after the date the child or parent changes residence, the child or | ||
parent shall notify the court of the current address in the manner | ||
directed by the court. A violation of this subsection may result in | ||
arrest and is a Class C misdemeanor. The obligation to provide | ||
notice terminates on discharge and satisfaction of the judgment or | ||
final disposition not requiring a finding of guilt. | ||
SECTION 3.08. Article 45.058(h), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(h) In this article, "child" means a person who is: | ||
(1) at least 10 years of age and younger than 18 [ |
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years of age; and | ||
(2) charged with or convicted of an offense that a | ||
justice or municipal court has jurisdiction of under Article 4.11 | ||
or 4.14. | ||
SECTION 3.09. Article 45.059(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A peace officer taking into custody a person younger | ||
than 18 [ |
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ordinance of a municipality or order of the commissioners court of a | ||
county shall, without unnecessary delay: | ||
(1) release the person to the person's parent, | ||
guardian, or custodian; | ||
(2) take the person before a justice or municipal | ||
court to answer the charge; or | ||
(3) take the person to a place designated as a juvenile | ||
curfew processing office by the head of the law enforcement agency | ||
having custody of the person. | ||
SECTION 3.10. Articles 45.060(a), (b), and (e), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Except as provided by Articles 45.058 and 45.059, an | ||
individual may not be taken into secured custody for offenses | ||
alleged to have occurred before the individual's 18th [ |
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birthday. | ||
(b) On or after an individual's 18th [ |
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court has used all available procedures under this chapter to | ||
secure the individual's appearance to answer allegations made | ||
before the individual's 18th [ |
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notice of continuing obligation to appear by personal service or by | ||
mail to the last known address and residence of the individual. The | ||
notice must order the individual to appear at a designated time, | ||
place, and date to answer the allegations detailed in the notice. | ||
(e) A notice of continuing obligation to appear issued under | ||
this article must contain the following statement provided in | ||
boldfaced type or capital letters: | ||
"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [ |
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BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO | ||
MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU | ||
ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS | ||
CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN | ||
ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED | ||
FOR YOUR ARREST." | ||
SECTION 3.11. Article 62.001(6), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(6) "Sexually violent offense" means any of the | ||
following offenses committed by a person 18 [ |
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older: | ||
(A) an offense under Section 21.02 (Continuous | ||
sexual abuse of young child or children), 21.11(a)(1) (Indecency | ||
with a child), 22.011 (Sexual assault), or 22.021 (Aggravated | ||
sexual assault), Penal Code; | ||
(B) an offense under Section 43.25 (Sexual | ||
performance by a child), Penal Code; | ||
(C) an offense under Section 20.04(a)(4) | ||
(Aggravated kidnapping), Penal Code, if the defendant committed the | ||
offense with intent to violate or abuse the victim sexually; | ||
(D) an offense under Section 30.02 (Burglary), | ||
Penal Code, if the offense is punishable under Subsection (d) of | ||
that section and the defendant committed the offense with intent to | ||
commit a felony listed in Paragraph (A) or (C) of Subdivision (5); | ||
or | ||
(E) an offense under the laws of another state, | ||
federal law, the laws of a foreign country, or the Uniform Code of | ||
Military Justice if the offense contains elements that are | ||
substantially similar to the elements of an offense listed under | ||
Paragraph (A), (B), (C), or (D). | ||
SECTION 3.12. Section 37.085, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C | ||
MISDEMEANORS. Notwithstanding any other provision of law, a | ||
warrant may not be issued for the arrest of a person for a Class C | ||
misdemeanor under this code committed when the person was younger | ||
than 18 [ |
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SECTION 3.13. Section 521.453(i), Transportation Code, is | ||
amended to read as follows: | ||
(i) If the person ordered to perform community service under | ||
Subsection (h) is younger than 18 [ |
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service shall be performed as if ordered by a juvenile court under | ||
Section 54.044(a), Family Code, as a condition of probation under | ||
Section 54.04(d), Family Code. | ||
SECTION 3.14. (a) Except as provided by Subsection (b) of | ||
this section, the changes in law made by this article apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. | ||
(b) Articles 45.0216(b) and (h), Code of Criminal | ||
Procedure, as amended by this article, apply only to the expunction | ||
of certain records related to an offense committed on or after the | ||
effective date of this Act. The expunction of certain records | ||
related to an offense committed before the effective date of this | ||
Act is governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. | ||
(c) For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
ARTICLE 4. JUVENILE COURT PROCEDURES | ||
SECTION 4.01. Section 51.041, Family Code, is amended to | ||
read as follows: | ||
Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court | ||
retains jurisdiction over a person, without regard to the age of the | ||
person, for conduct engaged in by the person before becoming 18 [ |
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years of age if, as a result of an appeal by the person or the state | ||
under Chapter 56 or by the person under Article 44.47, Code of | ||
Criminal Procedure, of an order of the court, the order is reversed | ||
or modified and the case remanded to the court by the appellate | ||
court. | ||
(b) If the respondent is at least 19 [ |
||
the order of remand from the appellate court is received by the | ||
juvenile court, the juvenile court shall proceed as provided by | ||
Sections 54.02(o)-(r) for the detention of a person at least 18 | ||
years of age in discretionary transfer proceedings. Pending | ||
retrial of the adjudication or transfer proceeding, the juvenile | ||
court may: | ||
(1) order the respondent released from custody; | ||
(2) order the respondent detained in a juvenile | ||
detention facility; or | ||
(3) set bond and order the respondent detained in a | ||
county adult facility if bond is not made. | ||
SECTION 4.02. Section 51.0412, Family Code, is amended to | ||
read as follows: | ||
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. | ||
The court retains jurisdiction over a person, without regard to the | ||
age of the person, who is a respondent in an adjudication | ||
proceeding, a disposition proceeding, a proceeding to modify | ||
disposition, a proceeding for waiver of jurisdiction and transfer | ||
to criminal court under Section 54.02(a), or a motion for transfer | ||
of determinate sentence probation to an appropriate district court | ||
if: | ||
(1) the petition or motion was filed while the | ||
respondent was younger than 19 or 20 [ |
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applicable; | ||
(2) the proceeding is not complete before the | ||
respondent becomes 19 or 20 [ |
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and | ||
(3) the court enters a finding in the proceeding that | ||
the prosecuting attorney exercised due diligence in an attempt to | ||
complete the proceeding before the respondent became 19 or 20 [ |
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SECTION 4.03. Sections 51.12(f) and (h), Family Code, are | ||
amended to read as follows: | ||
(f) A child detained in a building that contains a jail, | ||
lockup, or other place of secure confinement, including an alcohol | ||
or other drug treatment facility, shall be separated by sight and | ||
sound from adults detained in the same building. Children and | ||
adults are separated by sight and sound only if they are unable to | ||
see each other and conversation between them is not possible. The | ||
separation must extend to all areas of the facility, including | ||
sally ports and passageways, and those areas used for admission, | ||
counseling, sleeping, toileting, showering, dining, recreational, | ||
educational, or vocational activities, and health care. The | ||
separation may be accomplished through architectural design. A | ||
person who has been transferred for prosecution in criminal court | ||
under Section 54.02 and is under 18 [ |
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a child for the purposes of this subsection. | ||
(h) This section does not apply to a person: | ||
(1) who has been transferred to criminal court for | ||
prosecution under Section 54.02 and is at least 18 [ |
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age; or | ||
(2) who is at least 18 [ |
||
been taken into custody after having: | ||
(A) escaped from a juvenile facility operated by | ||
or under contract with the Texas Juvenile Justice Department [ |
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(B) violated a condition of release under | ||
supervision of the Texas Juvenile Justice Department [ |
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SECTION 4.04. Section 54.02(j), Family Code, is amended to | ||
read as follows: | ||
(j) The juvenile court may waive its exclusive original | ||
jurisdiction and transfer a person to the appropriate district | ||
court or criminal district court for criminal proceedings if: | ||
(1) the person is 19 [ |
||
(2) the person was: | ||
(A) 10 years of age or older and under 18 [ |
||
years of age at the time the person is alleged to have committed a | ||
capital felony or an offense under Section 19.02, Penal Code; | ||
(B) 14 years of age or older and under 18 [ |
||
years of age at the time the person is alleged to have committed an | ||
aggravated controlled substance felony or a felony of the first | ||
degree other than an offense under Section 19.02, Penal Code; or | ||
(C) 15 years of age or older and under 18 [ |
||
years of age at the time the person is alleged to have committed a | ||
felony of the second or third degree or a state jail felony; | ||
(3) no adjudication concerning the alleged offense has | ||
been made or no adjudication hearing concerning the offense has | ||
been conducted; | ||
(4) the juvenile court finds from a preponderance of | ||
the evidence that: | ||
(A) for a reason beyond the control of the state | ||
it was not practicable to proceed in juvenile court before the 19th | ||
[ |
||
(B) after due diligence of the state it was not | ||
practicable to proceed in juvenile court before the 19th [ |
||
birthday of the person because: | ||
(i) the state did not have probable cause to | ||
proceed in juvenile court and new evidence has been found since the | ||
19th [ |
||
(ii) the person could not be found; or | ||
(iii) a previous transfer order was | ||
reversed by an appellate court or set aside by a district court; and | ||
(5) the juvenile court determines that there is | ||
probable cause to believe that the child before the court committed | ||
the offense alleged. | ||
SECTION 4.05. Section 54.0326(b), Family Code, is amended | ||
to read as follows: | ||
(b) A juvenile court may defer adjudication proceedings | ||
under Section 54.03 until the child's 19th [ |
||
require a child to participate in a program established under | ||
Section 152.0016, Human Resources Code, if the child: | ||
(1) is alleged to have engaged in delinquent conduct | ||
or conduct indicating a need for supervision and may be a victim of | ||
conduct that constitutes an offense under Section 20A.02, Penal | ||
Code; and | ||
(2) presents to the court an oral or written request to | ||
participate in the program. | ||
SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code, | ||
are amended to read as follows: | ||
(e) The Texas Juvenile Justice Department [ |
||
|
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juvenile court even though the person may be 18 [ |
||
older at the time of commitment. | ||
(l) Except as provided by Subsection (q), a court or jury | ||
may place a child on probation under Subsection (d)(1) for any | ||
period, except that probation may not continue on or after the | ||
child's 19th [ |
||
(q), the court may, before the period of probation ends, extend the | ||
probation for any period, except that the probation may not extend | ||
to or after the child's 19th [ |
||
(q) If a court or jury sentences a child to commitment in the | ||
Texas Juvenile Justice Department or a post-adjudication secure | ||
correctional facility under Subsection (d)(3) for a term of not | ||
more than 10 years, the court or jury may place the child on | ||
probation under Subsection (d)(1) as an alternative to making the | ||
disposition under Subsection (d)(3). The court shall prescribe | ||
the period of probation ordered under this subsection for a term of | ||
not more than 10 years. The court may, before the sentence of | ||
probation expires, extend the probationary period under Section | ||
54.05, except that the sentence of probation and any extension may | ||
not exceed 10 years. The court may, before the child's 20th [ |
||
birthday, discharge the child from the sentence of probation. If a | ||
sentence of probation ordered under this subsection and any | ||
extension of probation ordered under Section 54.05 will continue | ||
after the child's 20th [ |
||
the child from the sentence of probation on the child's 20th [ |
||
birthday unless the court transfers the child to an appropriate | ||
district court under Section 54.051. | ||
SECTION 4.07. Section 54.0405(i), Family Code, is amended | ||
to read as follows: | ||
(i) A court that requires as a condition of probation that a | ||
child attend psychological counseling under Subsection (a) may, | ||
before the date the probation period ends, extend the probation for | ||
any additional period necessary to complete the required counseling | ||
as determined by the treatment provider, except that the probation | ||
may not be extended to a date after the date of the child's 19th | ||
[ |
||
determinate sentence probation under Section 54.04(q). | ||
SECTION 4.08. Sections 54.041(b) and (h), Family Code, are | ||
amended to read as follows: | ||
(b) If a child is found to have engaged in delinquent | ||
conduct or conduct indicating a need for supervision arising from | ||
the commission of an offense in which property damage or loss or | ||
personal injury occurred, the juvenile court, on notice to all | ||
persons affected and on hearing, may order the child or a parent to | ||
make full or partial restitution to the victim of the offense. The | ||
program of restitution must promote the rehabilitation of the | ||
child, be appropriate to the age and physical, emotional, and | ||
mental abilities of the child, and not conflict with the child's | ||
schooling. When practicable and subject to court supervision, the | ||
court may approve a restitution program based on a settlement | ||
between the child and the victim of the offense. An order under | ||
this subsection may provide for periodic payments by the child or a | ||
parent of the child for the period specified in the order but except | ||
as provided by Subsection (h), that period may not extend past the | ||
date of the 19th [ |
||
child is no longer enrolled in an accredited secondary school in a | ||
program leading toward a high school diploma, whichever date is | ||
later. | ||
(h) If the juvenile court places the child on probation in a | ||
determinate sentence proceeding initiated under Section 53.045 and | ||
transfers supervision on the child's 20th [ |
||
district court for placement on community supervision, the district | ||
court shall require the payment of any unpaid restitution as a | ||
condition of the community supervision. The liability of the | ||
child's parent for restitution may not be extended by transfer to a | ||
district court for supervision. | ||
SECTION 4.09. Sections 54.05(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (a-1), any | ||
disposition, except a commitment to the Texas Juvenile Justice | ||
Department [ |
||
court as provided in this section until: | ||
(1) the child reaches: | ||
(A) the child's 19th [ |
||
(B) the child's 20th [ |
||
child was placed on determinate sentence probation under Section | ||
54.04(q); or | ||
(2) the child is earlier discharged by the court or | ||
operation of law. | ||
(b) Except for a commitment to the Texas Juvenile Justice | ||
Department or to a post-adjudication secure correctional facility | ||
under Section 54.04011, a disposition under Section 54.0402, or a | ||
placement on determinate sentence probation under Section | ||
54.04(q), all dispositions automatically terminate when the child | ||
reaches the child's 19th [ |
||
SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and | ||
(i), Family Code, are amended to read as follows: | ||
(a) On motion of the state concerning a child who is placed | ||
on probation under Section 54.04(q) for a period, including any | ||
extension ordered under Section 54.05, that will continue after the | ||
child's 20th [ |
||
hearing to determine whether to transfer the child to an | ||
appropriate district court or discharge the child from the sentence | ||
of probation. | ||
(b) The hearing must be conducted before the person's 20th | ||
[ |
||
|
||
|
||
as a hearing to modify disposition under Section 54.05. | ||
(c) If, after a hearing, the court determines to discharge | ||
the child, the court shall specify a date on or before the child's | ||
20th [ |
||
probation. | ||
(d) If, after a hearing, the court determines to transfer | ||
the child, the court shall transfer the child to an appropriate | ||
district court on the child's 20th [ |
||
(e-2) If a person who is placed on community supervision | ||
under this section violates a condition of that supervision or if | ||
the person violated a condition of probation ordered under Section | ||
54.04(q) and that probation violation was not discovered by the | ||
state before the person's 20th [ |
||
shall dispose of the violation of community supervision or | ||
probation, as appropriate, in the same manner as if the court had | ||
originally exercised jurisdiction over the case. If the judge | ||
revokes community supervision, the judge may reduce the prison | ||
sentence to any length without regard to the minimum term imposed by | ||
Section 23(a), Article 42.12, Code of Criminal Procedure. | ||
(i) If the juvenile court exercises jurisdiction over a | ||
person who is 19 or 20 [ |
||
applicable, under Section 51.041 or 51.0412, the court or jury may, | ||
if the person is otherwise eligible, place the person on probation | ||
under Section 54.04(q). The juvenile court shall set the | ||
conditions of probation and immediately transfer supervision of the | ||
person to the appropriate court exercising criminal jurisdiction | ||
under Subsection (e). | ||
SECTION 4.11. Section 54.11(l), Family Code, is amended to | ||
read as follows: | ||
(l) Pending the conclusion of a transfer hearing, the | ||
juvenile court shall order that the person who is referred for | ||
transfer be detained in a certified juvenile detention facility as | ||
provided by Subsection (m). If the person is at least 18 [ |
||
of age, the juvenile court may order that the person be detained | ||
without bond in an appropriate county facility for the detention of | ||
adults accused of criminal offenses. | ||
SECTION 4.12. Section 55.15, Family Code, is amended to | ||
read as follows: | ||
Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER | ||
FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to | ||
which the child's case is referred under Section 55.12(2) orders | ||
mental health services for the child, the child shall be cared for, | ||
treated, and released in conformity to Subtitle C, Title 7, Health | ||
and Safety Code, except: | ||
(1) a court order for mental health services for a | ||
child automatically expires on the 120th day after the date the | ||
child becomes 19 [ |
||
(2) the administrator of a mental health facility | ||
shall notify, in writing, by certified mail, return receipt | ||
requested, the juvenile court that ordered mental health services | ||
or the juvenile court that referred the case to a court that ordered | ||
the mental health services of the intent to discharge the child at | ||
least 10 days prior to discharge. | ||
SECTION 4.13. Section 55.18, Family Code, is amended to | ||
read as follows: | ||
Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE | ||
REACHING 19 [ |
||
mental health facility before reaching 19 [ |
||
juvenile court may: | ||
(1) dismiss the juvenile court proceedings with | ||
prejudice; or | ||
(2) continue with proceedings under this title as | ||
though no order of mental health services had been made. | ||
SECTION 4.14. The heading to Section 55.19, Family Code, is | ||
amended to read as follows: | ||
Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [ |
||
BIRTHDAY. | ||
SECTION 4.15. Section 55.19(a), Family Code, is amended to | ||
read as follows: | ||
(a) The juvenile court shall transfer all pending | ||
proceedings from the juvenile court to a criminal court on the 19th | ||
[ |
||
which the child's case is referred under Section 55.12(2) has | ||
ordered inpatient mental health services if: | ||
(1) the child is not discharged or furloughed from the | ||
inpatient mental health facility before reaching 19 [ |
||
age; and | ||
(2) the child is alleged to have engaged in delinquent | ||
conduct that included a violation of a penal law listed in Section | ||
53.045 and no adjudication concerning the alleged conduct has been | ||
made. | ||
SECTION 4.16. Section 55.43(a), Family Code, is amended to | ||
read as follows: | ||
(a) The prosecuting attorney may file with the juvenile | ||
court a motion for a restoration hearing concerning a child if: | ||
(1) the child is found unfit to proceed as a result of | ||
mental illness or intellectual disability [ |
||
and | ||
(2) the child: | ||
(A) is not: | ||
(i) ordered by a court to receive inpatient | ||
mental health services; | ||
(ii) committed by a court to a residential | ||
care facility; or | ||
(iii) ordered by a court to receive | ||
treatment on an outpatient basis; or | ||
(B) is discharged or currently on furlough from a | ||
mental health facility or outpatient center before the child | ||
reaches 19 [ |
||
SECTION 4.17. The heading to Section 55.44, Family Code, is | ||
amended to read as follows: | ||
Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [ |
||
BIRTHDAY OF CHILD. | ||
SECTION 4.18. Section 55.44(a), Family Code, is amended to | ||
read as follows: | ||
(a) The juvenile court shall transfer all pending | ||
proceedings from the juvenile court to a criminal court on the 19th | ||
[ |
||
which the child's case is referred has ordered inpatient mental | ||
health services or residential care for persons with intellectual | ||
disabilities [ |
||
(1) the child is not discharged or currently on | ||
furlough from the facility before reaching 19 [ |
||
(2) the child is alleged to have engaged in delinquent | ||
conduct that included a violation of a penal law listed in Section | ||
53.045 and no adjudication concerning the alleged conduct has been | ||
made. | ||
SECTION 4.19. Sections 58.003(c), (c-2), (c-4), (c-6), and | ||
(c-8), Family Code, are amended to read as follows: | ||
(c) Subject to Subsection (b), a court may order the sealing | ||
of records concerning a person adjudicated as having engaged in | ||
delinquent conduct that violated a penal law of the grade of felony | ||
only if: | ||
(1) the person is 20 [ |
||
(2) the person was not transferred by a juvenile court | ||
under Section 54.02 to a criminal court for prosecution; | ||
(3) the records have not been used as evidence in the | ||
punishment phase of a criminal proceeding under Section 3(a), | ||
Article 37.07, Code of Criminal Procedure; and | ||
(4) the person has not been convicted of a penal law of | ||
the grade of felony after becoming age 18 [ |
||
(c-2) If the court orders the sealing of a child's records | ||
under Subsection (c-1), a prosecuting attorney or juvenile | ||
probation department may maintain until the child's 18th [ |
||
birthday a separate record of the child's name and date of birth and | ||
the date the child successfully completed the drug court | ||
program. The prosecuting attorney or juvenile probation | ||
department, as applicable, shall send the record to the court as | ||
soon as practicable after the child's 18th [ |
||
added to the child's other sealed records. | ||
(c-4) A prosecuting attorney or juvenile probation | ||
department may maintain until a child's 18th [ |
||
separate record of the child's name and date of birth and the date | ||
on which the child's records are sealed, if the child's records are | ||
sealed under Subsection (c-3). The prosecuting attorney or | ||
juvenile probation department, as applicable, shall send the record | ||
to the court as soon as practicable after the child's 18th [ |
||
birthday to be added to the child's other sealed records. | ||
(c-6) A prosecuting attorney or juvenile probation | ||
department may maintain until a child's 18th [ |
||
separate record of the child's name and date of birth and the date | ||
on which the child successfully completed the educational program, | ||
if the child's records are sealed under Subsection (c-5). The | ||
prosecuting attorney or juvenile probation department, as | ||
applicable, shall send the record to the court as soon as | ||
practicable after the child's 18th [ |
||
the child's other sealed records. | ||
(c-8) If the court orders the sealing of a child's records | ||
under Subsection (c-7), a prosecuting attorney or juvenile | ||
probation department may maintain until the child's 19th [ |
||
birthday a separate record of the child's name and date of birth and | ||
the date the child successfully completed the trafficked persons | ||
program. The prosecuting attorney or juvenile probation | ||
department, as applicable, shall send the record to the court as | ||
soon as practicable after the child's 19th [ |
||
added to the child's other sealed records. | ||
SECTION 4.20. Section 58.0052(a)(2), Family Code, is | ||
amended to read as follows: | ||
(2) "Multi-system youth" means a person who: | ||
(A) is younger than 20 [ |
||
(B) has received services from two or more | ||
juvenile service providers. | ||
SECTION 4.21. Section 58.0071(d), Family Code, is amended | ||
to read as follows: | ||
(d) The physical records and files of a juvenile case may | ||
only be destroyed if the child who is the respondent in the case: | ||
(1) is at least 19 [ |
||
(A) the most serious allegation adjudicated was | ||
conduct indicating a need for supervision; | ||
(B) the most serious allegation was conduct | ||
indicating a need for supervision and there was not an | ||
adjudication; or | ||
(C) the referral or information did not relate to | ||
conduct indicating a need for supervision or delinquent conduct and | ||
the juvenile court or the court's staff did not take action on the | ||
referral or information for that reason; | ||
(2) is at least 21 years of age and: | ||
(A) the most serious allegation adjudicated was | ||
delinquent conduct that violated a penal law of the grade of | ||
misdemeanor; or | ||
(B) the most serious allegation was delinquent | ||
conduct that violated a penal law of the grade of misdemeanor or | ||
felony and there was not an adjudication; or | ||
(3) is at least 31 years of age and the most serious | ||
allegation adjudicated was delinquent conduct that violated a penal | ||
law of the grade of felony. | ||
SECTION 4.22. Section 58.203(a), Family Code, is amended to | ||
read as follows: | ||
(a) The department shall certify to the juvenile probation | ||
department to which a referral was made that resulted in | ||
information being submitted to the juvenile justice information | ||
system that the records relating to a person's juvenile case are | ||
subject to automatic restriction of access if: | ||
(1) the person is at least 18 [ |
||
(2) the juvenile case did not include conduct | ||
resulting in determinate sentence proceedings in the juvenile court | ||
under Section 53.045; and | ||
(3) the juvenile case was not certified for trial in | ||
criminal court under Section 54.02. | ||
SECTION 4.23. Section 58.208, Family Code, is amended to | ||
read as follows: | ||
Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the | ||
final discharge of a child from the juvenile system or on the last | ||
official action in the case, if there is no adjudication, the | ||
appropriate juvenile justice official shall provide to the child: | ||
(1) a written explanation of how automatic restricted | ||
access under this subchapter works; | ||
(2) a copy of this subchapter; and | ||
(3) a statement that if the child wishes to receive | ||
notification of an action restricting access to the child's records | ||
under Section 58.207(a), the child must before the child's 18th | ||
[ |
||
current address where the child can receive notification. | ||
SECTION 4.24. Section 58.209(a), Family Code, is amended to | ||
read as follows: | ||
(a) When a child is placed on probation for an offense that | ||
may be eligible for automatic restricted access at age 18 [ |
||
when a child is received by the Texas Juvenile Justice Department on | ||
an indeterminate commitment, a probation officer or an official at | ||
the Texas Juvenile Justice Department reception center, as soon as | ||
practicable, shall explain the substance of the following | ||
information to the child: | ||
(1) if the child was adjudicated as having committed | ||
delinquent conduct for a felony or jailable misdemeanor, that the | ||
child probably has a juvenile record with the department and the | ||
Federal Bureau of Investigation; | ||
(2) that the child's juvenile record is a permanent | ||
record that is not destroyed or erased unless the record is eligible | ||
for sealing and the child or the child's family hires a lawyer and | ||
files a petition in court to have the record sealed; | ||
(3) that the child's juvenile record, other than | ||
treatment records made confidential by law, can be accessed by | ||
police, sheriff's officers, prosecutors, probation officers, | ||
correctional officers, and other criminal and juvenile justice | ||
officials in this state and elsewhere; | ||
(4) that the child's juvenile record, other than | ||
treatment records made confidential by law, can be accessed by | ||
employers, educational institutions, licensing agencies, and other | ||
organizations when the child applies for employment or educational | ||
programs; | ||
(5) if the child's juvenile record is placed on | ||
restricted access when the child becomes 18 [ |
||
access will be denied to employers, educational institutions, and | ||
others except for criminal justice agencies; | ||
(6) that restricted access does not require any action | ||
by the child or the child's family, including the filing of a | ||
petition or hiring of a lawyer, but occurs automatically at age 18 | ||
[ |
||
(7) that if the child is under the jurisdiction of the | ||
juvenile court or the Texas Juvenile Justice Department on or after | ||
the child's 18th [ |
||
access will not apply until the person is discharged from the | ||
jurisdiction of the court or department, as appropriate. | ||
SECTION 4.25. Section 58.211(a), Family Code, is amended to | ||
read as follows: | ||
(a) If the department has notified a juvenile probation | ||
department that a record has been placed on restricted access and | ||
the department later receives information in the department's | ||
criminal history system that the subject of the records has been | ||
convicted of or placed on deferred adjudication for a felony or a | ||
misdemeanor punishable by confinement in jail for an offense | ||
committed after the person reached the age of 18 [ |
||
juvenile records are no longer subject to restricted access. The | ||
department shall notify the appropriate local juvenile probation | ||
departments in the manner described by Section 58.203 that the | ||
person's records are no longer subject to restricted access. | ||
SECTION 4.26. Section 59.005(b), Family Code, is amended to | ||
read as follows: | ||
(b) The juvenile court or the probation department shall | ||
discharge the child from the custody of the probation department on | ||
the date the provisions of this section are met or on the child's | ||
19th [ |
||
SECTION 4.27. Section 59.006(b), Family Code, is amended to | ||
read as follows: | ||
(b) The juvenile court shall discharge the child from the | ||
custody of the probation department on the date the provisions of | ||
this section are met or on the child's 19th [ |
||
whichever is earlier. | ||
SECTION 4.28. Section 59.007(b), Family Code, is amended to | ||
read as follows: | ||
(b) The juvenile court shall discharge the child from the | ||
custody of the probation department on the date the provisions of | ||
this section are met or on the child's 19th [ |
||
whichever is earlier. | ||
SECTION 4.29. Section 59.008(b), Family Code, is amended to | ||
read as follows: | ||
(b) The juvenile court shall discharge the child from the | ||
custody of the probation department on the date the provisions of | ||
this section are met or on the child's 19th [ |
||
whichever is earlier. | ||
SECTION 4.30. Section 59.009(c), Family Code, is amended to | ||
read as follows: | ||
(c) The Texas Juvenile Justice Department, juvenile board, | ||
or local juvenile probation department may discharge the child from | ||
the custody of the department, board, or probation department, as | ||
applicable, on the date the provisions of this section are met or on | ||
the child's 20th [ |
||
SECTION 4.31. Section 61.051(c), Family Code, is amended to | ||
read as follows: | ||
(c) The juvenile court retains jurisdiction to enter a | ||
contempt order if the motion for enforcement is filed not later than | ||
six months after the child's 19th [ |
||
SECTION 4.32. Section 614.019(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) A child with mental illness who is receiving continuity | ||
of care services during parole from the Texas Juvenile Justice | ||
Department [ |
||
receive services from a local mental health authority when the | ||
child becomes 18 [ |
||
the requirements of a local service area plan under Section | ||
533.0352(a) may continue to receive continuity of care services | ||
from the office until the child completes the child's parole. | ||
SECTION 4.33. Section 63.001(1), Human Resources Code, is | ||
amended to read as follows: | ||
(1) "Juvenile" means a person from the age of 10 to 19 | ||
[ |
||
by a court of competent jurisdiction. | ||
SECTION 4.34. Section 152.0015, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN | ||
JUVENILES. A juvenile board shall establish a policy that | ||
specifies whether a person who has been transferred for criminal | ||
prosecution under Section 54.02, Family Code, and is younger than | ||
18 [ |
||
trial as provided by Section 51.12, Family Code. | ||
SECTION 4.35. Sections 152.0016(e) and (j), Human Resources | ||
Code, as added by Chapter 1323 (S.B. 511), Acts of the 83rd | ||
Legislature, Regular Session, 2013, are amended to read as follows: | ||
(e) A juvenile board or a local juvenile probation | ||
department shall accept a person properly committed to it by a | ||
juvenile court under Section 54.04011, Family Code, in the same | ||
manner in which the Texas Juvenile Justice Department accepts a | ||
person under Section 54.04(e), Family Code, even though the person | ||
may be 18 [ |
||
(j) After a child committed to a post-adjudication secure | ||
correctional facility with a determinate sentence under Section | ||
54.04011(c)(2), Family Code, becomes 17 [ |
||
before the child becomes 20 [ |
||
local juvenile probation department operating or contracting for | ||
the operation of the facility may refer the child to the juvenile | ||
court that entered the order of commitment for approval of the | ||
child's transfer to the Texas Department of Criminal Justice for | ||
confinement if the child has not completed the sentence and: | ||
(1) the child's conduct, regardless of whether the | ||
child was released under supervision through a program established | ||
by the board or department, indicates that the welfare of the | ||
community requires the transfer; or | ||
(2) while the child was released under supervision: | ||
(A) a juvenile court adjudicated the child as | ||
having engaged in delinquent conduct constituting a felony offense; | ||
(B) a criminal court convicted the child of a | ||
felony offense; or | ||
(C) the child's release under supervision was | ||
revoked. | ||
SECTION 4.36. Section 201.001(a)(2), Human Resources Code, | ||
is amended to read as follows: | ||
(2) "Child" means an individual: | ||
(A) 10 years of age or older and younger than 19 | ||
[ |
||
or | ||
(B) 10 years of age or older and younger than 20 | ||
[ |
||
Family Code. | ||
SECTION 4.37. Section 243.001(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) The department may not assign a child younger than 15 | ||
years of age to the same correctional facility dormitory as a person | ||
who is at least 18 [ |
||
determines that the placement is necessary to ensure the safety of | ||
children in the custody of the department. This subsection does | ||
not apply to a dormitory that is used exclusively for short-term | ||
assessment and orientation purposes. | ||
SECTION 4.38. Section 243.051(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) A child who is arrested or taken into custody under | ||
Subsection (a) may be detained in any suitable place, including an | ||
adult jail facility if the person is 18 [ |
||
until the child is returned to the custody of the department or | ||
transported to a department facility. | ||
SECTION 4.39. Section 244.015, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING | ||
DETERMINATE SENTENCES. (a) When a child who is sentenced to | ||
commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), | ||
Family Code, becomes 19 [ |
||
evaluate whether the child is in need of additional services that | ||
can be completed in the six-month period after the child's 19th | ||
[ |
||
the department or transfer to the Texas Department of Criminal | ||
Justice. | ||
(b) This section does not apply to a child who is released | ||
from the custody of the department or who is transferred to the | ||
Texas Department of Criminal Justice before the child's 19th [ |
||
birthday. | ||
SECTION 4.40. Section 245.053(i), Human Resources Code, is | ||
amended to read as follows: | ||
(i) If the department requires as a condition of release | ||
that a child attend psychological counseling under Subsection (a), | ||
the department may, before the date the period of release ends, | ||
petition the appropriate court to request the court to extend the | ||
period of release for an additional period necessary to complete | ||
the required counseling as determined by the treatment provider, | ||
except that the release period may not be extended to a date after | ||
the date of the child's 19th [ |
||
SECTION 4.41. (a) Except as provided by Subsection (b) or | ||
(c) of this section, the changes in law made by this article apply | ||
only to procedures relating to conduct violating a penal law of this | ||
state that occurs on or after the effective date of this Act. | ||
Procedures relating to conduct that occurs before the effective | ||
date of this Act are governed by the law in effect on the date the | ||
conduct occurred, and the former law is continued in effect for that | ||
purpose. | ||
(b) If the conduct violating a penal law of this state for | ||
which a person was placed on probation occurred before September 1, | ||
2011, the hearing required by Section 54.051, Family Code, must be | ||
conducted before the person's 18th birthday and is governed by the | ||
law in effect on the date the conduct occurred, and the former law | ||
is continued in effect for that purpose. | ||
(c) The change in law made by this Act to Section 58.0052, | ||
Family Code, applies to the sharing of information on or after the | ||
effective date of this Act, without regard to whether the | ||
information was compiled before, on, or after that date. | ||
(d) For purposes of this section, conduct violating a penal | ||
law of this state occurred before the effective date of this Act if | ||
any element of the conduct occurred before that date. | ||
ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL | ||
RESPONSIBILITY | ||
SECTION 5.01. Section 79.001(10), Government Code, is | ||
amended to read as follows: | ||
(10) "Juvenile offense" means conduct committed by a | ||
person while younger than 18 [ |
||
(A) a misdemeanor punishable by confinement; or | ||
(B) a felony. | ||
SECTION 5.02. Section 511.009(a), Government Code, is | ||
amended to read as follows: | ||
(a) The commission shall: | ||
(1) adopt reasonable rules and procedures | ||
establishing minimum standards for the construction, equipment, | ||
maintenance, and operation of county jails; | ||
(2) adopt reasonable rules and procedures | ||
establishing minimum standards for the custody, care, and treatment | ||
of prisoners; | ||
(3) adopt reasonable rules establishing minimum | ||
standards for the number of jail supervisory personnel and for | ||
programs and services to meet the needs of prisoners; | ||
(4) adopt reasonable rules and procedures | ||
establishing minimum requirements for programs of rehabilitation, | ||
education, and recreation in county jails; | ||
(5) revise, amend, or change rules and procedures if | ||
necessary; | ||
(6) provide to local government officials | ||
consultation on and technical assistance for county jails; | ||
(7) review and comment on plans for the construction | ||
and major modification or renovation of county jails; | ||
(8) require that the sheriff and commissioners of each | ||
county submit to the commission, on a form prescribed by the | ||
commission, an annual report on the conditions in each county jail | ||
within their jurisdiction, including all information necessary to | ||
determine compliance with state law, commission orders, and the | ||
rules adopted under this chapter; | ||
(9) review the reports submitted under Subdivision (8) | ||
and require commission employees to inspect county jails regularly | ||
to ensure compliance with state law, commission orders, and rules | ||
and procedures adopted under this chapter; | ||
(10) adopt a classification system to assist sheriffs | ||
and judges in determining which defendants are low-risk and | ||
consequently suitable participants in a county jail work release | ||
program under Article 42.034, Code of Criminal Procedure; | ||
(11) adopt rules relating to requirements for | ||
segregation of classes of inmates and to capacities for county | ||
jails; | ||
(12) require that the chief jailer of each municipal | ||
lockup submit to the commission, on a form prescribed by the | ||
commission, an annual report of persons under 18 [ |
||
securely detained in the lockup, including all information | ||
necessary to determine compliance with state law concerning secure | ||
confinement of children in municipal lockups; | ||
(13) at least annually determine whether each county | ||
jail is in compliance with the rules and procedures adopted under | ||
this chapter; | ||
(14) require that the sheriff and commissioners court | ||
of each county submit to the commission, on a form prescribed by the | ||
commission, an annual report of persons under 18 [ |
||
securely detained in the county jail, including all information | ||
necessary to determine compliance with state law concerning secure | ||
confinement of children in county jails; | ||
(15) schedule announced and unannounced inspections | ||
of jails under the commission's jurisdiction using the risk | ||
assessment plan established under Section 511.0085 to guide the | ||
inspections process; | ||
(16) adopt a policy for gathering and distributing to | ||
jails under the commission's jurisdiction information regarding: | ||
(A) common issues concerning jail | ||
administration; | ||
(B) examples of successful strategies for | ||
maintaining compliance with state law and the rules, standards, and | ||
procedures of the commission; and | ||
(C) solutions to operational challenges for | ||
jails; | ||
(17) report to the Texas Correctional Office on | ||
Offenders with Medical or Mental Impairments on a jail's compliance | ||
with Article 16.22, Code of Criminal Procedure; | ||
(18) adopt reasonable rules and procedures | ||
establishing minimum requirements for jails to: | ||
(A) determine if a prisoner is pregnant; and | ||
(B) ensure that the jail's health services plan | ||
addresses medical and mental health care, including nutritional | ||
requirements, and any special housing or work assignment needs for | ||
persons who are confined in the jail and are known or determined to | ||
be pregnant; and | ||
(19) provide guidelines to sheriffs regarding | ||
contracts between a sheriff and another entity for the provision of | ||
food services to or the operation of a commissary in a jail under | ||
the commission's jurisdiction, including specific provisions | ||
regarding conflicts of interest and avoiding the appearance of | ||
impropriety. | ||
SECTION 5.03. Section 351.903(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) To provide for the public safety, the commissioners | ||
court of a county by order may adopt a curfew to regulate the | ||
movements or actions of persons under 18 [ |
||
the period beginning one-half hour after sunset and extending until | ||
one-half hour before sunrise or during school hours, or both. The | ||
order applies only to the unincorporated area of the county. | ||
SECTION 5.04. Section 521.201, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The | ||
department may not issue any license to a person who: | ||
(1) is under 15 years of age; | ||
(2) is under 18 years of age unless the person complies | ||
with the requirements imposed by Section 521.204; | ||
(3) is shown to be addicted to the use of alcohol, a | ||
controlled substance, or another drug that renders a person | ||
incapable of driving; | ||
(4) holds a driver's license issued by this state or | ||
another state or country that is revoked, canceled, or under | ||
suspension; | ||
(5) has been determined by a judgment of a court to be | ||
totally incapacitated or incapacitated to act as the operator of a | ||
motor vehicle unless the person has, by the date of the license | ||
application, been: | ||
(A) restored to capacity by judicial decree; or | ||
(B) released from a hospital for the mentally | ||
incapacitated on a certificate by the superintendent or | ||
administrator of the hospital that the person has regained | ||
capacity; | ||
(6) the department determines to be afflicted with a | ||
mental or physical disability or disease that prevents the person | ||
from exercising reasonable and ordinary control over a motor | ||
vehicle while operating the vehicle on a highway, except that a | ||
person may not be refused a license because of a physical defect if | ||
common experience shows that the defect does not incapacitate a | ||
person from safely operating a motor vehicle; | ||
(7) has been reported by a court under Section | ||
521.3452 for failure to appear unless the court has filed an | ||
additional report on final disposition of the case; or | ||
(8) has been reported by a court for failure to appear | ||
or default in payment of a fine for a misdemeanor that is not | ||
covered under Subdivision (7) and that is punishable by a fine only, | ||
including a misdemeanor under a municipal ordinance, committed by a | ||
person who was under 18 [ |
||
offense, unless the court has filed an additional report on final | ||
disposition of the case. | ||
SECTION 5.05. Section 521.294, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE | ||
REVOCATION. The department shall revoke the person's license if | ||
the department determines that the person: | ||
(1) is incapable of safely operating a motor vehicle; | ||
(2) has not complied with the terms of a citation | ||
issued by a jurisdiction that is a party to the Nonresident Violator | ||
Compact of 1977 for a traffic violation to which that compact | ||
applies; | ||
(3) has failed to provide medical records or has | ||
failed to undergo medical or other examinations as required by a | ||
panel of the medical advisory board; | ||
(4) has failed to pass an examination required by the | ||
director under this chapter; | ||
(5) has been reported by a court under Section | ||
521.3452 for failure to appear unless the court files an additional | ||
report on final disposition of the case; | ||
(6) has been reported within the preceding two years | ||
by a justice or municipal court for failure to appear or for a | ||
default in payment of a fine for a misdemeanor punishable only by | ||
fine, other than a failure reported under Section 521.3452, | ||
committed by a person who is at least 14 years of age but younger | ||
than 18 [ |
||
court files an additional report on final disposition of the case; | ||
or | ||
(7) has committed an offense in another state or | ||
Canadian province that, if committed in this state, would be | ||
grounds for revocation. | ||
SECTION 5.06. Section 521.294(6), Transportation Code, as | ||
amended by this article, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
ARTICLE 6. EFFECTIVE DATE | ||
SECTION 6.01. This Act takes effect September 1, 2015. |