Bill Text: TX SB2589 | 2023-2024 | 88th Legislature | Engrossed


Bill Title: Relating to the prosecution and punishment of juveniles who commit certain felony offenses while committed to the custody of the Texas Juvenile Justice Department and the waiver of jurisdiction and discretionary transfer of a child from a juvenile court to a criminal court; changing eligibility for community supervision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-04-28 - Referred to Juvenile Justice & Family Issues [SB2589 Detail]

Download: Texas-2023-SB2589-Engrossed.html
 
 
  By: Schwertner S.B. No. 2589
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution and punishment of juveniles who commit
  certain felony offenses while committed to the custody of the Texas
  Juvenile Justice Department and the waiver of jurisdiction and
  discretionary transfer of a child from a juvenile court to a
  criminal court; changing eligibility for community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.054, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  Article 42A.053 does not apply to a defendant if it is
  shown that the defendant committed an offense punishable as a
  felony when the defendant was:
               (1)  at least 17 years of age;
               (2)  committed to the Texas Juvenile Justice
  Department; and
               (3)  confined in a secure facility operated under
  Subtitle C, Title 12, Human Resources Code.
         SECTION 2.  Article 42A.056, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
  SUPERVISION.  A defendant is not eligible for community supervision
  under Article 42A.055 if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years;
               (2)  is convicted of a state jail felony for which
  suspension of the imposition of the sentence occurs automatically
  under Article 42A.551;
               (3)  is adjudged guilty of an offense under Section
  19.02, Penal Code;
               (4)  is convicted of an offense under Section 21.11,
  22.011, or 22.021, Penal Code, if the victim of the offense was
  younger than 14 years of age at the time the offense was committed;
               (5)  is convicted of an offense under Section 20.04,
  Penal Code, if:
                     (A)  the victim of the offense was younger than 14
  years of age at the time the offense was committed; and
                     (B)  the actor committed the offense with the
  intent to violate or abuse the victim sexually;
               (6)  is convicted of an offense under Section 20A.02,
  20A.03, 43.04, 43.05, or 43.25, Penal Code;
               (7)  is convicted of an offense for which punishment is
  increased under Section 481.134(c), (d), (e), or (f), Health and
  Safety Code, if it is shown that the defendant has been previously
  convicted of an offense for which punishment was increased under
  any of those subsections; [or]
               (8)  is convicted of an offense under Section 481.1123,
  Health and Safety Code, if the offense is punishable under
  Subsection (d), (e), or (f) of that section; or
               (9)  is convicted of an offense punishable as a felony
  when the defendant was:
                     (A)  at least 17 years of age;
                     (B)  committed to the Texas Juvenile Justice
  Department; and
                     (C)  confined in a secure facility operated under
  Subtitle C, Title 12, Human Resources Code.
         SECTION 3.  Section 53.045(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (e), the prosecuting
  attorney may refer the petition to the grand jury of the county in
  which the court in which the petition is filed presides if the
  petition alleges that the child engaged in delinquent conduct that:
               (1)  constitutes habitual felony conduct as described
  by Section 51.031;
               (2)  [or that] included the violation of any of the
  following provisions:
                     (A) [(1)]  Section 19.02, Penal Code (murder);
                     (B) [(2)]  Section 19.03, Penal Code (capital
  murder);
                     (C) [(3)]  Section 19.04, Penal Code
  (manslaughter);
                     (D) [(4)]  Section 20.04, Penal Code (aggravated
  kidnapping);
                     (E) [(5)]  Section 22.011, Penal Code (sexual
  assault) or Section 22.021, Penal Code (aggravated sexual assault);
                     (F) [(6)]  Section 22.02, Penal Code (aggravated
  assault);
                     (G) [(7)]  Section 29.03, Penal Code (aggravated
  robbery);
                     (H) [(8)]  Section 22.04, Penal Code (injury to a
  child, elderly individual, or disabled individual), if the offense
  is punishable as a felony, other than a state jail felony;
                     (I) [(9)]  Section 22.05(b), Penal Code (felony
  deadly conduct involving discharging a firearm);
                     (J) [(10)]  Subchapter D, Chapter 481, Health and
  Safety Code, if the conduct constitutes a felony of the first degree
  or an aggravated controlled substance felony (certain offenses
  involving controlled substances);
                     (K) [(11)]  Section 15.03, Penal Code (criminal
  solicitation);
                     (L) [(12)]  Section 21.11(a)(1), Penal Code
  (indecency with a child);
                     (M) [(13)]  Section 15.031, Penal Code (criminal
  solicitation of a minor);
                     (N) [(14)]  Section 15.01, Penal Code (criminal
  attempt), if the offense attempted was an offense under Section
  19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
  murder), or an offense listed by Article 42A.054(a), Code of
  Criminal Procedure;
                     (O) [(15)]  Section 28.02, Penal Code (arson), if
  bodily injury or death is suffered by any person by reason of the
  commission of the conduct;
                     (P) [(16)]  Section 49.08, Penal Code
  (intoxication manslaughter); or
                     (Q) [(17)]  Section 15.02, Penal Code (criminal
  conspiracy), if the offense made the subject of the criminal
  conspiracy includes a violation of any of the provisions referenced
  in Paragraphs (A) through (P); or
               (3)  constitutes a felony of the first, second, or
  third degree committed while the child was committed to the Texas
  Juvenile Justice Department [Subdivisions (1) through (16)].
         SECTION 4.  Sections 54.02(a) and (j), Family Code, are
  amended to read as follows:
         (a)  The juvenile court may waive its exclusive original
  jurisdiction and transfer a child to the appropriate district court
  or criminal district court for criminal proceedings if:
               (1)  the child is alleged to have violated a penal law
  of the grade of felony;
               (2)  the child was:
                     (A)  14 years of age or older at the time the child
  [he] is alleged to have committed the offense, if the offense is a
  capital felony, an aggravated controlled substance felony, or a
  felony of the first degree, and no adjudication hearing has been
  conducted concerning that offense; or
                     (B)  15 years of age or older at the time the child
  is alleged to have committed the offense, if the offense is a felony
  of the second or third degree [or a state jail felony], and no
  adjudication hearing has been conducted concerning that offense;
  and
               (3)  after a full investigation and a hearing, the
  juvenile court determines that there is probable cause to believe
  that the child before the court committed the offense alleged and
  that because of the seriousness of the offense alleged or the
  background of the child the welfare of the community requires
  criminal proceedings.
         (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 18 years of age or older;
               (2)  the person was:
                     (A)  10 years of age or older and under 17 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 17 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 17 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 18th
  birthday of the person; or
                     (B)  after due diligence of the state it was not
  practicable to proceed in juvenile court before the 18th 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
  18th birthday of the person;
                           (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 5.  The changes in law made by this Act to Articles
  42A.054 and 42A.056, Code of Criminal Procedure, and Sections
  53.045 and 54.02, Family Code, apply only to an offense committed or
  conduct that occurs on or after the effective date of this Act.  An
  offense committed or conduct that occurred before that date 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 occurred before the effective date of this Act
  if any element of the offense or conduct occurred before that date.
         SECTION 6.  This Act takes effect September 1, 2023.
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