Bill Text: TX HB529 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the detention of juveniles pending criminal trial.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-17 - Left pending in committee [HB529 Detail]

Download: Texas-2013-HB529-Introduced.html

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83R287 AJZ-D
By: Turner of Harris H.B. No. 529

A BILL TO BE ENTITLED
AN ACT
relating to the detention of juveniles pending criminal trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.13(c), Family Code, is amended to
read as follows:
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup pending
juvenile court hearing or disposition under conditions meeting the
requirements of Section 51.12;
(2) for detention in a jail or lockup pending criminal
court trial after transfer for prosecution under Section 54.02, if
the criminal court orders the transfer of the child to the jail or
lockup under Article 4.19, Code of Criminal Procedure;
(3) after conviction of a child transferred
[transfer] for prosecution in criminal court under Section 54.02[,
unless the juvenile court orders the detention of the child in a
certified juvenile detention facility under Section 54.02(h)]; or
(4) [(3)] after transfer from the Texas Juvenile
Justice Department under Section 245.151(c), Human Resources Code.
SECTION 2. Section 54.02(h), Family Code, is amended to
read as follows:
(h) If the juvenile court waives jurisdiction, it shall
state specifically in the order its reasons for waiver and certify
its action, including the written order and findings of the court,
and shall transfer the person to the appropriate court for criminal
proceedings and cause the results of the diagnostic study of the
person ordered under Subsection (d), including psychological
information, to be transferred to the appropriate criminal
prosecutor. On transfer of the person for criminal proceedings,
the person shall be dealt with as an adult and in accordance with
the Code of Criminal Procedure, except that [if detention in a
certified juvenile detention facility is authorized under Section
152.0015, Human Resources Code,] the juvenile court shall [may]
order the person to be detained in a certified juvenile detention
[the] facility pending trial or until the criminal court enters an
order under Article 4.19, Code of Criminal Procedure. A transfer
of custody made under this subsection is an arrest.
SECTION 3. Article 4.19, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.19. TRANSFER OF CHILD PENDING TRIAL. (a)
Notwithstanding the order of a juvenile court to detain a child in a
certified juvenile detention facility under Section 54.02(h),
Family Code, the judge of the criminal court having jurisdiction
over the child may, after a hearing under this section, order the
child to be transferred to an adult [another] facility pending
criminal trial [and treated as an adult as provided by this code]. A
child who is transferred to an adult facility must be detained under
conditions meeting the requirements of Section 51.12, Family Code,
while pending trial.
(b) The certified juvenile detention facility may petition
the criminal court having jurisdiction over the child to transfer
custody of the child to an adult facility. The criminal court shall
hold a hearing on the transfer of the child for pretrial detention
as soon as possible, but not later than the 20th day after the date
the petition to transfer is filed. The district attorney, sheriff,
or child may file a response to the petition and participate in the
hearing. The child shall remain in a certified juvenile detention
facility pending the hearing and decision by the criminal court.
(c) If the child's placement in a certified juvenile
detention facility presents an imminent danger to the other
children or to the staff at the facility, the facility may petition
the court for an immediate hearing to transfer the child to an adult
facility.
(d) In determining whether a child should be transferred
from a certified juvenile detention facility to an adult facility,
the criminal court having jurisdiction over the child shall
consider the following factors:
(1) the age of the child;
(2) whether, in order to provide physical separation
from adults, the child would be deprived of contact with other
people for a significant portion of the day or would not have access
to recreational facilities or age-appropriate educational
opportunities;
(3) the child's current emotional state, intelligence,
and developmental maturity, including any emotional and
psychological trauma, and the risk to the child caused by placement
in an adult facility, which risk may be evidenced by mental health
or psychological assessments or screenings made available to the
district attorney and to the defense counsel;
(4) whether detention in a certified juvenile
detention facility will adequately serve the need for community
protection pending the outcome of the criminal proceedings;
(5) whether detention in a certified juvenile
detention facility will negatively impact the functioning of the
facility by compromising the goals of detention to maintain a safe,
positive, and secure environment for all children within the
facility;
(6) the relative ability of the available adult and
certified juvenile detention facilities to meet the needs of the
child, including the child's need for mental health and education
services;
(7) whether the child presents an imminent risk of
harm to the child's self or others within a certified juvenile
detention facility;
(8) the physical maturity of the child; and
(9) any other relevant factors.
(e) If the criminal court orders the transfer of the child
to an adult facility, the child may petition the court for a review
hearing. The child may not petition for a review hearing before the
31st day after the date the initial transfer is ordered or before
the 31st day after the date of any subsequent review hearings. On
receipt of the petition, the court may set the matter for a hearing
if the juvenile has alleged facts or circumstances that, if true,
would warrant reconsideration of the child's placement in an adult
facility based on the factors listed in Subsection (d) and the
factors previously relied on by the court.
SECTION 4. Section 152.0015, Human Resources Code, is
repealed.
SECTION 5. (a) The change in law made by this Act applies
only to the detention of a child for conduct that occurs on or after
the effective date of this Act. Detention of a child for conduct
violating a penal law that occurs before the effective date of this
Act is governed by the law in effect when the conduct occurred, and
the former law is continued in effect for that purpose.
(b) For purposes of this section, conduct violating a penal
law occurred before the effective date of this Act if any element of
the violation occurred before that date.
SECTION 6. This Act takes effect September 1, 2013.