The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alan Miller.
DIGEST
SB 159 Engrossed 2023 Regular Session Cathey
Present law provides that a child 15 years of age or older at the time of the commission of first
degree murder, second degree murder, aggravated or first degree rape, or aggravated kidnapping, is
subject to the exclusive jurisdiction of the juvenile court until either:
(1)An indictment charging one of these offenses is returned.
(2)The juvenile court holds a continued custody hearing pursuant to present law and finds
probable cause that he committed one of these offenses, whichever occurs first.
Present law provides that a child 15 years of age or older at the time of the commission of any one
of certain present law enumerated offenses is subject to the exclusive jurisdiction of the juvenile
court until one of the following occurs:
(1)An indictment charging one of the enumerated offenses is returned.
(2)The juvenile court holds a continued custody hearing and finds probable cause that the child
has committed any of the offenses listed in present law and a bill of information is filed.
Present law grants the district attorney the discretion to file a petition alleging any of the offenses
listed in present law in the juvenile court or, alternatively, to obtain an indictment or file a bill of
information. Provides that if an indictment is returned or a bill of information is filed, the child is
subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all
subsequent procedures, including the review of bail applications, and the district court may order that
the child be transferred to the appropriate adult facility for detention prior to his trial as an adult.
Present law further clarifies that the district attorney has discretion to file a petition in juvenile court
or obtain an indictment for certain serious felony offenses listed in present law. Present law further
provides that if the district attorney files a petition in juvenile court, and the child waives a continued
custody hearing, the jurisdiction remains for all further proceedings, including review of bail, with
the juvenile court.
Present law provides that if a detention facility for juveniles is not available, the child may be held
in an adult jail or lockup for identification or processing procedures or while awaiting transportation
only as long as necessary to complete these activities for up to six hours, except that in
nonmetropolitan areas, he may be held for up to 24 hours if all of the following occur:
(1)The child meets the age and offense criteria set out in present law. (2)A continued custody hearing in accordance with present law is held within 24 hours after his
arrest.
(3)There is no acceptable alternative placement to the jail or lockup in which he is being held.
(4)The sheriff or the administrator of the adult jail or lockup has certified to the court that
facilities exist providing for sight and sound separation of the child from adult offenders and
that he can be given continuous visual supervision while placed in the jail or lockup.
Present law provides that if an indictment has not been returned, a bill of information filed, or a
continued custody hearing not held within 24 hours, the child held in an adult jail or lockup in a
nonmetropolitan area shall be released or removed to a juvenile detention facility.
Proposed law creates an exception to present law that provides that a child who is 17 years of age
at the time of the commission of certain offenses enumerated in present law that is also a crime of
violence must be held in an adult jail or lockup prior to the continued custody hearing for the offense
if the child has a history of prior delinquent acts. Provides that except for good cause shown, the
continued custody hearing shall be held within 24 hours and not later than 72 hours.
Present law provides that if, at the conclusion of the continued custody hearing, the court determines
that the child meets the age requirements and that there is probable cause that the child has
committed one of the offenses enumerated in present law, the court shall order him held for trial as
an adult for the appropriate court of criminal jurisdiction.
Present law authorizes the appropriate court of criminal jurisdiction to order that the child be held
in any facility used for the pretrial detention of accused adults and the child shall apply to the
appropriate court for a preliminary hearing, bail, and for any other rights to which he may be entitled
under the Code of Criminal Procedure.
Proposed law provides that if the child is 17 years of age and the court determines at the continued
custody hearing that there is both probable cause that the child has committed one of the offenses
enumerated in present law that is also a crime of violence and that it is in the interest of justice that
the child be held in the appropriate adult facility for detention prior to his trial as an adult, then the
court shall do one of the following:
(1)If the child is being held in an adult jail or lockup, the child shall continue to be held in the
adult facility for detention prior to his trial as an adult.
(2)If the child has been detained in a juvenile detention facility prior to the finding of probable
cause by the court, the court shall order the child transferred to the appropriate adult facility
for detention prior to his trial as an adult.
Proposed law provides that when the child is being held in an adult facility for detention prior to his
trial, the appropriate court shall review no less than every 30 days prior to the child becoming 18
years of age whether the interest of justice continues to be served by the child being detained in an adult facility. The child shall not be held in an adult facility beyond 180 days unless the court
determines there is good cause.
Proposed law provides that if the court determines there is probable cause that the child has
committed one of the offenses enumerated in present law and the child is not already being detained
in an adult facility, the appropriate court may thereafter order that the child be held in any facility
used for the pretrial detention of accused adults and the child shall apply to the appropriate court of
criminal jurisdiction for a preliminary hearing, bail, and for any other rights to which he may be
entitled under present law.
Present law provides relative to continued custody hearings.
Proposed law amends present law and provides that if probable cause has been demonstrated
that a 17 year old child committed any offense enumerated in present law that is also defined
as a crime of violence, the court shall determine whether it is in the interest of justice for the
child to be transferred to the appropriate adult facility for detention prior to his trial as an
adult. In making this determination, the court shall consider the following:
(1)The age of the child.
(2)The physical and mental maturity of the child.
(3)The present mental state of the child, including whether the child presents an imminent risk
of harm to himself.
(4)The nature and circumstances of the alleged offense.
(5)The child's history of prior delinquent acts.
(6)The ability of the available adult and juvenile detention facilities to meet the specific needs
of the child and to protect the safety of the public and other detained children.
(7)Any relevant factors the court deems appropriate.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Ch.C.Arts. 305(A)(3) and (B)(4), 306(B), (C), and (D), and 821(E))