Texas 2015 - 84th Regular

Texas House Bill HB1205 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R22355 E
2	2	By: Dutton, McClendon, Wu, Rose H.B. No. 1205
3	3	Substitute the following for H.B. No. 1205:
4	4	By: Dutton C.S.H.B. No. 1205
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the age of criminal responsibility and to certain
10	10	substantive and procedural matters related to that age.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
13	13	SECTION 1.01. Section 51.02(2), Family Code, is amended to
14	14	read as follows:
15	15	(2) "Child" means a person who is:
16	16	(A) 10 [ten] years of age or older and under 18
17	17	[17] years of age; or
18	18	(B) 18 [seventeen] years of age or older and
19	19	under 20 [18] years of age who is:
20	20	(i) alleged or found to have engaged in
21	21	delinquent conduct or conduct indicating a need for supervision as
22	22	a result of acts committed before becoming 18 [17] years of age; and
23	23	(ii) under the jurisdiction of a juvenile
24	24	court.
25	25	SECTION 1.02. Section 8.07(b), Penal Code, is amended to
26	26	read as follows:
27	27	(b) Unless the juvenile court waives jurisdiction under
28	28	Section 54.02, Family Code, and certifies the individual for
29	29	criminal prosecution or the juvenile court has previously waived
30	30	jurisdiction under that section and certified the individual for
31	31	criminal prosecution, a person may not be prosecuted for or
32	32	convicted of any offense committed before reaching 18 [17] years of
33	33	age except an offense described by Subsections (a)(1)-(5).
34	34	SECTION 1.03. The changes in law made by this article apply
35	35	only to an offense committed or conduct that occurs on or after
36	36	January 1, 2017. An offense committed or conduct that occurs before
37	37	January 1, 2017, is governed by the law in effect on the date the
38	38	offense was committed or the conduct occurred, and the former law is
39	39	continued in effect for that purpose. For purposes of this section,
40	40	an offense was committed or conduct occurred before January 1,
41	41	2017, if any element of the offense or conduct occurred before that
42	42	date.
43	43	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
44	44	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
45	45	read as follows:
46	46	(e) An offense under this section is one category lower than
47	47	the solicited offense, except that an offense under this section is
48	48	the same category as the solicited offense if it is shown on the
49	49	trial of the offense that the actor:
50	50	(1) was at the time of the offense 18 [17] years of age
51	51	or older and a member of a criminal street gang, as defined by
52	52	Section 71.01; and
53	53	(2) committed the offense with the intent to:
54	54	(A) further the criminal activities of the
55	55	criminal street gang; or
56	56	(B) avoid detection as a member of a criminal
57	57	street gang.
58	58	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
59	59	read as follows:
60	60	(b) A person commits an offense if:
61	61	(1) during a period that is 30 or more days in
62	62	duration, the person commits two or more acts of sexual abuse,
63	63	regardless of whether the acts of sexual abuse are committed
64	64	against one or more victims; and
65	65	(2) at the time of the commission of each of the acts
66	66	of sexual abuse, the actor is 18 [17] years of age or older and the
67	67	victim is a child younger than 14 years of age.
68	68	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
69	69	read as follows:
70	70	(b) A person who is 18 [17] years of age or older commits an
71	71	offense if, with the intent to arouse or gratify the sexual desire
72	72	of any person, the person, over the Internet, by electronic mail or
73	73	text message or other electronic message service or system, or
74	74	through a commercial online service, intentionally:
75	75	(1) communicates in a sexually explicit manner with a
76	76	minor; or
77	77	(2) distributes sexually explicit material to a minor.
78	78	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
79	79	read as follows:
80	80	(c) Except as provided by Subsection (d), the punishment
81	81	prescribed for an offense described by Subsection (b) is increased
82	82	to the punishment prescribed for the next highest category of
83	83	offense if the actor is 18 [17] years of age or older and it is shown
84	84	beyond a reasonable doubt on the trial of the offense that the actor
85	85	committed the offense at a location that was:
86	86	(1) in, on, or within 1,000 feet of any:
87	87	(A) real property that is owned, rented, or
88	88	leased by a school or school board;
89	89	(B) premises owned, rented, or leased by an
90	90	institution of higher education;
91	91	(C) premises of a public or private youth center;
92	92	or
93	93	(D) playground;
94	94	(2) in, on, or within 300 feet of any:
95	95	(A) shopping mall;
96	96	(B) movie theater;
97	97	(C) premises of a public swimming pool; or
98	98	(D) premises of a video arcade facility; or
99	99	(3) on a school bus.
100	100	SECTION 2.05. Section 729.001(a), Transportation Code, is
101	101	amended to read as follows:
102	102	(a) A person who is younger than 18 [17] years of age commits
103	103	an offense if the person operates a motor vehicle on a public road
104	104	or highway, a street or alley in a municipality, or a public beach
105	105	in violation of any traffic law of this state, including:
106	106	(1) Chapter 502, other than Section [502.282 or]
107	107	502.412;
108	108	(2) Chapter 521, other than an offense under Section
109	109	521.457;
110	110	(3) Subtitle C, other than an offense punishable by
111	111	imprisonment or by confinement in jail under Section 550.021,
112	112	550.022, 550.024, or 550.025;
113	113	(4) Chapter 601;
114	114	(5) Chapter 621;
115	115	(6) Chapter 661; and
116	116	(7) Chapter 681.
117	117	SECTION 2.06. Section 729.002, Transportation Code, is
118	118	amended to read as follows:
119	119	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
120	120	LICENSE. (a) A person who is younger than 18 [17] years of age
121	121	commits an offense if the person operates a motor vehicle without a
122	122	driver's license authorizing the operation of a motor vehicle on a:
123	123	(1) public road or highway;
124	124	(2) street or alley in a municipality; or
125	125	(3) public beach as defined by Section 729.001.
126	126	(b) An offense under this section is punishable in the same
127	127	manner as if the person was 18 [17] years of age or older and
128	128	operated a motor vehicle without a license as described by
129	129	Subsection (a), except that an offense under this section is not
130	130	punishable by confinement or imprisonment.
131	131	SECTION 2.07. The changes in law made by this article apply
132	132	only to an offense committed on or after January 1, 2017. An
133	133	offense committed before January 1, 2017, is governed by the law in
134	134	effect on the date the offense was committed, and the former law is
135	135	continued in effect for that purpose. For purposes of this section,
136	136	an offense was committed before January 1, 2017, if any element of
137	137	the offense occurred before that date.
138	138	ARTICLE 3. CRIMINAL PROCEDURES
139	139	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
140	140	amended to read as follows:
141	141	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
142	142	ADULT. (a) Notwithstanding the order of a juvenile court to
143	143	detain a person under the age of 18 [17] who has been certified to
144	144	stand trial as an adult in a certified juvenile detention facility
145	145	under Section 54.02(h), Family Code, the judge of the criminal
146	146	court having jurisdiction over the person may order the person to be
147	147	transferred to an adult facility. A child who is transferred to an
148	148	adult facility must be detained under conditions meeting the
149	149	requirements of Section 51.12, Family Code.
150	150	(b) On the 18th [17th] birthday of a person described by
151	151	Subsection (a) who is detained in a certified juvenile detention
152	152	facility under Section 54.02(h), Family Code, the judge of the
153	153	criminal court having jurisdiction over the person shall order the
154	154	person to be transferred to an adult facility.
155	155	SECTION 3.02. Articles 24.011(d) and (d-1), Code of
156	156	Criminal Procedure, are amended to read as follows:
157	157	(d) The court may order that the person who is the witness be
158	158	detained in a certified juvenile detention facility if the person
159	159	is younger than 18 [17] years of age. If the person is at least 18
160	160	[17] years of age, the court may order that the person be detained
161	161	without bond in an appropriate county facility for the detention of
162	162	adults accused of criminal offenses.
163	163	(d-1) A witness younger than 18 [17] years of age held in
164	164	custody under this article may be placed in a certified juvenile
165	165	detention facility for a period not to exceed 30 days. The length
166	166	of placement may be extended in increments of 30 days by the court
167	167	that issued the original bench warrant. If the placement is not
168	168	extended, the period under this article expires and the witness may
169	169	be returned as provided by Subsection (c).
170	170	SECTION 3.03. Article 45.0215(a), Code of Criminal
171	171	Procedure, is amended to read as follows:
172	172	(a) This article applies to a defendant who has not had the
173	173	disabilities of minority removed and has been[:
174	174	[(1)] charged with an offense other than an offense
175	175	under Section 43.261, Penal Code, if the defendant is younger than
176	176	18 [17] years of age[; or
177	177	[(2) charged with an offense under Section 43.261,
178	178	Penal Code, if the defendant is younger than 18 years of age].
179	179	SECTION 3.04. Articles 45.0216(b) and (h), Code of Criminal
180	180	Procedure, are amended to read as follows:
181	181	(b) A person may apply to the court in which the person was
182	182	convicted to have the conviction expunged as provided by this
183	183	article on or after the person's 18th [17th] birthday if:
184	184	(1) the person was convicted of not more than one
185	185	offense described by Section 8.07(a)(4) or (5), Penal Code, while
186	186	the person was a child; or
187	187	(2) the person was convicted only once of an offense
188	188	under Section 43.261, Penal Code.
189	189	(h) Records of a person under 18 [17] years of age relating
190	190	to a complaint dismissed as provided by Article 45.051 or 45.052 may
191	191	be expunged under this article.
192	192	SECTION 3.05. Article 45.045(b), Code of Criminal
193	193	Procedure, is amended to read as follows:
194	194	(b) A capias pro fine may not be issued for an individual
195	195	convicted for an offense committed before the individual's 18th
196	196	[17th] birthday unless:
197	197	(1) the individual is 18 [17] years of age or older;
198	198	(2) the court finds that the issuance of the capias pro
199	199	fine is justified after considering:
200	200	(A) the sophistication and maturity of the
201	201	individual;
202	202	(B) the criminal record and history of the
203	203	individual; and
204	204	(C) the reasonable likelihood of bringing about
205	205	the discharge of the judgment through the use of procedures and
206	206	services currently available to the court; and
207	207	(3) the court has proceeded under Article 45.050 to
208	208	compel the individual to discharge the judgment.
209	209	SECTION 3.06. Article 45.0492(a), Code of Criminal
210	210	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
211	211	Legislature, Regular Session, 2011, is amended to read as follows:
212	212	(a) This article applies only to a defendant younger than 18
213	213	[17] years of age who is assessed a fine or costs for a Class C
214	214	misdemeanor occurring in a building or on the grounds of the primary
215	215	or secondary school at which the defendant was enrolled at the time
216	216	of the offense.
217	217	SECTION 3.07. Article 45.0492(a), Code of Criminal
218	218	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
219	219	Legislature, Regular Session, 2011, is amended to read as follows:
220	220	(a) This article applies only to a defendant younger than 18
221	221	[17] years of age who is assessed a fine or costs for a Class C
222	222	misdemeanor.
223	223	SECTION 3.08. Articles 45.050(d), (e), and (g), Code of
224	224	Criminal Procedure, are amended to read as follows:
225	225	(d) A justice or municipal court may hold a person in
226	226	contempt and impose a remedy authorized by Subsection (c)(2) if:
227	227	(1) the person was convicted for an offense committed
228	228	before the person's 18th [17th] birthday;
229	229	(2) the person failed to obey the order while the
230	230	person was 18 [17] years of age or older; and
231	231	(3) the failure to obey occurred under circumstances
232	232	that constitute contempt of court.
233	233	(e) A justice or municipal court may hold a person in
234	234	contempt and impose a remedy authorized by Subsection (c)(2) if the
235	235	person, while younger than 18 [17] years of age, engaged in conduct
236	236	in contempt of an order issued by the justice or municipal court,
237	237	but contempt proceedings could not be held before the person's 18th
238	238	[17th] birthday.
239	239	(g) A justice or municipal court may not refer a child who
240	240	violates a court order while 18 [17] years of age or older to a
241	241	juvenile court for delinquency proceedings for contempt of court.
242	242	SECTION 3.09. Article 45.057(h), Code of Criminal
243	243	Procedure, is amended to read as follows:
244	244	(h) A child and parent required to appear before the court
245	245	have an obligation to provide the court in writing with the current
246	246	address and residence of the child. The obligation does not end
247	247	when the child reaches age 18 [17]. On or before the seventh day
248	248	after the date the child or parent changes residence, the child or
249	249	parent shall notify the court of the current address in the manner
250	250	directed by the court. A violation of this subsection may result in
251	251	arrest and is a Class C misdemeanor. The obligation to provide
252	252	notice terminates on discharge and satisfaction of the judgment or
253	253	final disposition not requiring a finding of guilt.
254	254	SECTION 3.10. Article 45.058(h), Code of Criminal
255	255	Procedure, is amended to read as follows:
256	256	(h) In this article, "child" means a person who is:
257	257	(1) at least 10 years of age and younger than 18 [17]
258	258	years of age; and
259	259	(2) charged with or convicted of an offense that a
260	260	justice or municipal court has jurisdiction of under Article 4.11
261	261	or 4.14.
262	262	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
263	263	Criminal Procedure, are amended to read as follows:
264	264	(a) Except as provided by Articles 45.058 and 45.059, an
265	265	individual may not be taken into secured custody for offenses
266	266	alleged to have occurred before the individual's 18th [17th]
267	267	birthday.
268	268	(b) On or after an individual's 18th [17th] birthday, if the
269	269	court has used all available procedures under this chapter to
270	270	secure the individual's appearance to answer allegations made
271	271	before the individual's 18th [17th] birthday, the court may issue a
272	272	notice of continuing obligation to appear by personal service or by
273	273	mail to the last known address and residence of the individual. The
274	274	notice must order the individual to appear at a designated time,
275	275	place, and date to answer the allegations detailed in the notice.
276	276	(e) A notice of continuing obligation to appear issued under
277	277	this article must contain the following statement provided in
278	278	boldfaced type or capital letters:
279	279	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
280	280	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
281	281	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
282	282	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
283	283	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
284	284	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
285	285	FOR YOUR ARREST."
286	286	SECTION 3.12. Article 62.001(6), Code of Criminal
287	287	Procedure, is amended to read as follows:
288	288	(6) "Sexually violent offense" means any of the
289	289	following offenses committed by a person 18 [17] years of age or
290	290	older:
291	291	(A) an offense under Section 21.02 (Continuous
292	292	sexual abuse of young child or children), 21.11(a)(1) (Indecency
293	293	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
294	294	sexual assault), Penal Code;
295	295	(B) an offense under Section 43.25 (Sexual
296	296	performance by a child), Penal Code;
297	297	(C) an offense under Section 20.04(a)(4)
298	298	(Aggravated kidnapping), Penal Code, if the defendant committed the
299	299	offense with intent to violate or abuse the victim sexually;
300	300	(D) an offense under Section 30.02 (Burglary),
301	301	Penal Code, if the offense is punishable under Subsection (d) of
302	302	that section and the defendant committed the offense with intent to
303	303	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
304	304	or
305	305	(E) an offense under the laws of another state,
306	306	federal law, the laws of a foreign country, or the Uniform Code of
307	307	Military Justice if the offense contains elements that are
308	308	substantially similar to the elements of an offense listed under
309	309	Paragraph (A), (B), (C), or (D).
310	310	SECTION 3.13. Article 62.351(a), Code of Criminal
311	311	Procedure, is amended to read as follows:
312	312	(a) During or after disposition of a case under Section
313	313	54.04, Family Code, for adjudication of an offense for which
314	314	registration is required under this chapter, the juvenile court on
315	315	motion of the respondent shall conduct a hearing to determine
316	316	whether the interests of the public require registration under this
317	317	chapter. The motion may be filed and the hearing held regardless of
318	318	whether the respondent is under 19 [18] years of age. Notice of the
319	319	motion and hearing shall be provided to the prosecuting attorney.
320	320	SECTION 3.14. Article 62.352(c), Code of Criminal
321	321	Procedure, is amended to read as follows:
322	322	(c) If the court enters an order described by Subsection
323	323	(b)(1), the court retains discretion and jurisdiction to require,
324	324	or exempt the respondent from, registration under this chapter at
325	325	any time during the treatment or on the successful or unsuccessful
326	326	completion of treatment, except that during the period of deferral,
327	327	registration may not be required. Following successful completion
328	328	of treatment, the respondent is exempted from registration under
329	329	this chapter unless a hearing under this subchapter is held on
330	330	motion of the prosecuting attorney, regardless of whether the
331	331	respondent is 19 [18] years of age or older, and the court
332	332	determines the interests of the public require registration. Not
333	333	later than the 10th day after the date of the respondent's
334	334	successful completion of treatment, the treatment provider shall
335	335	notify the juvenile court and prosecuting attorney of the
336	336	completion.
337	337	SECTION 3.15. Article 62.353(b), Code of Criminal
338	338	Procedure, is amended to read as follows:
339	339	(b) The person may file a motion under Subsection (a) in the
340	340	original juvenile case regardless of whether the person, at the
341	341	time of filing the motion, is 19 [18] years of age or older. Notice
342	342	of the motion shall be provided to the prosecuting attorney. A
343	343	hearing on the motion shall be provided as in other cases under this
344	344	subchapter.
345	345	SECTION 3.16. Section 37.085, Education Code, is amended to
346	346	read as follows:
347	347	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
348	348	MISDEMEANORS. Notwithstanding any other provision of law, a
349	349	warrant may not be issued for the arrest of a person for a Class C
350	350	misdemeanor under this code committed when the person was younger
351	351	than 18 [17] years of age.
352	352	SECTION 3.17. Section 521.453(i), Transportation Code, is
353	353	amended to read as follows:
354	354	(i) If the person ordered to perform community service under
355	355	Subsection (h) is younger than 18 [17] years of age, the community
356	356	service shall be performed as if ordered by a juvenile court under
357	357	Section 54.044(a), Family Code, as a condition of probation under
358	358	Section 54.04(d), Family Code.
359	359	SECTION 3.18. (a) Except as provided by Subsection (b) of
360	360	this section, the changes in law made by this article apply only to
361	361	an offense committed on or after January 1, 2017. An offense
362	362	committed before January 1, 2017, is governed by the law in effect
363	363	on the date the offense was committed, and the former law is
364	364	continued in effect for that purpose.
365	365	(b) Articles 45.0216(b) and (h), Code of Criminal
366	366	Procedure, as amended by this article, apply only to the expunction
367	367	of certain records related to an offense committed on or after
368	368	September 1, 2015. The expunction of certain records related to an
369	369	offense committed before September 1, 2015, is governed by the law
370	370	in effect on the date the offense was committed, and the former law
371	371	is continued in effect for that purpose.
372	372	(c) For purposes of this section, an offense was committed
373	373	before a specified date if any element of the offense occurred
374	374	before that date.
375	375	ARTICLE 4. JUVENILE COURT PROCEDURES
376	376	SECTION 4.01. Section 51.041, Family Code, is amended to
377	377	read as follows:
378	378	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
379	379	retains jurisdiction over a person, without regard to the age of the
380	380	person, for conduct engaged in by the person before becoming 18 [17]
381	381	years of age if, as a result of an appeal by the person or the state
382	382	under Chapter 56 or by the person under Article 44.47, Code of
383	383	Criminal Procedure, of an order of the court, the order is reversed
384	384	or modified and the case remanded to the court by the appellate
385	385	court.
386	386	(b) If the respondent is at least 19 [18] years of age when
387	387	the order of remand from the appellate court is received by the
388	388	juvenile court, the juvenile court shall proceed as provided by
389	389	Sections 54.02(o)-(r) for the detention of a person at least 19 [18]
390	390	years of age in discretionary transfer proceedings. Pending
391	391	retrial of the adjudication or transfer proceeding, the juvenile
392	392	court may:
393	393	(1) order the respondent released from custody;
394	394	(2) order the respondent detained in a juvenile
395	395	detention facility; or
396	396	(3) set bond and order the respondent detained in a
397	397	county adult facility if bond is not made.
398	398	SECTION 4.02. Section 51.0412, Family Code, is amended to
399	399	read as follows:
400	400	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
401	401	The court retains jurisdiction over a person, without regard to the
402	402	age of the person, who is a respondent in an adjudication
403	403	proceeding, a disposition proceeding, a proceeding to modify
404	404	disposition, a proceeding for waiver of jurisdiction and transfer
405	405	to criminal court under Section 54.02(a), or a motion for transfer
406	406	of determinate sentence probation to an appropriate district court
407	407	if:
408	408	(1) the petition or motion was filed while the
409	409	respondent was younger than 19 or 20 [18 or 19] years of age, as
410	410	applicable;
411	411	(2) the proceeding is not complete before the
412	412	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
413	413	and
414	414	(3) the court enters a finding in the proceeding that
415	415	the prosecuting attorney exercised due diligence in an attempt to
416	416	complete the proceeding before the respondent became 19 or 20 [18 or
417	417	19] years of age, as applicable.
418	418	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
419	419	amended to read as follows:
420	420	(f) A child detained in a building that contains a jail,
421	421	lockup, or other place of secure confinement, including an alcohol
422	422	or other drug treatment facility, shall be separated by sight and
423	423	sound from adults detained in the same building. Children and
424	424	adults are separated by sight and sound only if they are unable to
425	425	see each other and conversation between them is not possible. The
426	426	separation must extend to all areas of the facility, including
427	427	sally ports and passageways, and those areas used for admission,
428	428	counseling, sleeping, toileting, showering, dining, recreational,
429	429	educational, or vocational activities, and health care. The
430	430	separation may be accomplished through architectural design. A
431	431	person who has been transferred for prosecution in criminal court
432	432	under Section 54.02 and is under 18 [17] years of age is considered
433	433	a child for the purposes of this subsection.
434	434	(h) This section does not apply to a person:
435	435	(1) who has been transferred to criminal court for
436	436	prosecution under Section 54.02 and is at least 18 [17] years of
437	437	age; or
438	438	(2) who is at least 18 [17] years of age and who has
439	439	been taken into custody after having:
440	440	(A) escaped from a juvenile facility operated by
441	441	or under contract with the Texas Juvenile Justice Department [Youth
442	442	Commission]; or
443	443	(B) violated a condition of release under
444	444	supervision of the Texas Juvenile Justice Department [Youth
445	445	Commission].
446	446	SECTION 4.04. Section 54.02(j), Family Code, is amended to
447	447	read as follows:
448	448	(j) The juvenile court may waive its exclusive original
449	449	jurisdiction and transfer a person to the appropriate district
450	450	court or criminal district court for criminal proceedings if:
451	451	(1) the person is 19 [18] years of age or older;
452	452	(2) the person was:
453	453	(A) 10 years of age or older and under 18 [17]
454	454	years of age at the time the person is alleged to have committed a
455	455	capital felony or an offense under Section 19.02, Penal Code;
456	456	(B) 14 years of age or older and under 18 [17]
457	457	years of age at the time the person is alleged to have committed an
458	458	aggravated controlled substance felony or a felony of the first
459	459	degree other than an offense under Section 19.02, Penal Code; or
460	460	(C) 15 years of age or older and under 18 [17]
461	461	years of age at the time the person is alleged to have committed a
462	462	felony of the second or third degree or a state jail felony;
463	463	(3) no adjudication concerning the alleged offense has
464	464	been made or no adjudication hearing concerning the offense has
465	465	been conducted;
466	466	(4) the juvenile court finds from a preponderance of
467	467	the evidence that:
468	468	(A) for a reason beyond the control of the state
469	469	it was not practicable to proceed in juvenile court before the 19th
470	470	[18th] birthday of the person; or
471	471	(B) after due diligence of the state it was not
472	472	practicable to proceed in juvenile court before the 19th [18th]
473	473	birthday of the person because:
474	474	(i) the state did not have probable cause to
475	475	proceed in juvenile court and new evidence has been found since the
476	476	19th [18th] birthday of the person;
477	477	(ii) the person could not be found; or
478	478	(iii) a previous transfer order was
479	479	reversed by an appellate court or set aside by a district court; and
480	480	(5) the juvenile court determines that there is
481	481	probable cause to believe that the child before the court committed
482	482	the offense alleged.
483	483	SECTION 4.05. Section 54.0326(b), Family Code, is amended
484	484	to read as follows:
485	485	(b) A juvenile court may defer adjudication proceedings
486	486	under Section 54.03 until the child's 19th [18th] birthday and
487	487	require a child to participate in a program established under
488	488	Section 152.0016, Human Resources Code, if the child:
489	489	(1) is alleged to have engaged in delinquent conduct
490	490	or conduct indicating a need for supervision and may be a victim of
491	491	conduct that constitutes an offense under Section 20A.02, Penal
492	492	Code; and
493	493	(2) presents to the court an oral or written request to
494	494	participate in the program.
495	495	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
496	496	are amended to read as follows:
497	497	(e) The Texas Juvenile Justice Department [Youth
498	498	Commission] shall accept a person properly committed to it by a
499	499	juvenile court even though the person may be 18 [17] years of age or
500	500	older at the time of commitment.
501	501	(l) Except as provided by Subsection (q), a court or jury
502	502	may place a child on probation under Subsection (d)(1) for any
503	503	period, except that probation may not continue on or after the
504	504	child's 19th [18th] birthday. Except as provided by Subsection
505	505	(q), the court may, before the period of probation ends, extend the
506	506	probation for any period, except that the probation may not extend
507	507	to or after the child's 19th [18th] birthday.
508	508	(q) If a court or jury sentences a child to commitment in the
509	509	Texas Juvenile Justice Department or a post-adjudication secure
510	510	correctional facility under Subsection (d)(3) for a term of not
511	511	more than 10 years, the court or jury may place the child on
512	512	probation under Subsection (d)(1) as an alternative to making the
513	513	disposition under Subsection (d)(3). The court shall prescribe
514	514	the period of probation ordered under this subsection for a term of
515	515	not more than 10 years. The court may, before the sentence of
516	516	probation expires, extend the probationary period under Section
517	517	54.05, except that the sentence of probation and any extension may
518	518	not exceed 10 years. The court may, before the child's 20th [19th]
519	519	birthday, discharge the child from the sentence of probation. If a
520	520	sentence of probation ordered under this subsection and any
521	521	extension of probation ordered under Section 54.05 will continue
522	522	after the child's 20th [19th] birthday, the court shall discharge
523	523	the child from the sentence of probation on the child's 20th [19th]
524	524	birthday unless the court transfers the child to an appropriate
525	525	district court under Section 54.051.
526	526	SECTION 4.07. Section 54.0405(i), Family Code, is amended
527	527	to read as follows:
528	528	(i) A court that requires as a condition of probation that a
529	529	child attend psychological counseling under Subsection (a) may,
530	530	before the date the probation period ends, extend the probation for
531	531	any additional period necessary to complete the required counseling
532	532	as determined by the treatment provider, except that the probation
533	533	may not be extended to a date after the date of the child's 19th
534	534	[18th] birthday, or 20th [19th] birthday if the child is placed on
535	535	determinate sentence probation under Section 54.04(q).
536	536	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
537	537	amended to read as follows:
538	538	(b) If a child is found to have engaged in delinquent
539	539	conduct or conduct indicating a need for supervision arising from
540	540	the commission of an offense in which property damage or loss or
541	541	personal injury occurred, the juvenile court, on notice to all
542	542	persons affected and on hearing, may order the child or a parent to
543	543	make full or partial restitution to the victim of the offense. The
544	544	program of restitution must promote the rehabilitation of the
545	545	child, be appropriate to the age and physical, emotional, and
546	546	mental abilities of the child, and not conflict with the child's
547	547	schooling. When practicable and subject to court supervision, the
548	548	court may approve a restitution program based on a settlement
549	549	between the child and the victim of the offense. An order under
550	550	this subsection may provide for periodic payments by the child or a
551	551	parent of the child for the period specified in the order but except
552	552	as provided by Subsection (h), that period may not extend past the
553	553	date of the 19th [18th] birthday of the child or past the date the
554	554	child is no longer enrolled in an accredited secondary school in a
555	555	program leading toward a high school diploma, whichever date is
556	556	later.
557	557	(h) If the juvenile court places the child on probation in a
558	558	determinate sentence proceeding initiated under Section 53.045 and
559	559	transfers supervision on the child's 20th [19th] birthday to a
560	560	district court for placement on community supervision, the district
561	561	court shall require the payment of any unpaid restitution as a
562	562	condition of the community supervision. The liability of the
563	563	child's parent for restitution may not be extended by transfer to a
564	564	district court for supervision.
565	565	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
566	566	amended to read as follows:
567	567	(a) Except as provided by Subsection (a-1), any
568	568	disposition, except a commitment to the Texas Juvenile Justice
569	569	Department [Youth Commission], may be modified by the juvenile
570	570	court as provided in this section until:
571	571	(1) the child reaches:
572	572	(A) the child's 19th [18th] birthday; or
573	573	(B) the child's 20th [19th] birthday, if the
574	574	child was placed on determinate sentence probation under Section
575	575	54.04(q); or
576	576	(2) the child is earlier discharged by the court or
577	577	operation of law.
578	578	(b) Except for a commitment to the Texas Juvenile Justice
579	579	Department or to a post-adjudication secure correctional facility
580	580	under Section 54.04011, a disposition under Section 54.0402, or a
581	581	placement on determinate sentence probation under Section
582	582	54.04(q), all dispositions automatically terminate when the child
583	583	reaches the child's 19th [18th] birthday.
584	584	SECTION 4.10. Section 54.051, Family Code, is amended by
585	585	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
586	586	Subsection (j) to read as follows:
587	587	(a) On motion of the state concerning a child who is placed
588	588	on probation under Section 54.04(q) for a period, including any
589	589	extension ordered under Section 54.05, that will continue after the
590	590	child's applicable [19th] birthday, the juvenile court shall hold a
591	591	hearing to determine whether to transfer the child to an
592	592	appropriate district court or discharge the child from the sentence
593	593	of probation.
594	594	(b) The hearing must be conducted before the person's
595	595	applicable [19th] birthday[, or before the person's 18th birthday
596	596	if the offense for which the person was placed on probation occurred
597	597	before September 1, 2011,] and must be conducted in the same manner
598	598	as a hearing to modify disposition under Section 54.05.
599	599	(c) If, after a hearing, the court determines to discharge
600	600	the child, the court shall specify a date on or before the child's
601	601	applicable [19th] birthday to discharge the child from the
602	602	sentence of probation.
603	603	(d) If, after a hearing, the court determines to transfer
604	604	the child, the court shall transfer the child to an appropriate
605	605	district court on the child's applicable [19th] birthday.
606	606	(e-2) If a person who is placed on community supervision
607	607	under this section violates a condition of that supervision or if
608	608	the person violated a condition of probation ordered under Section
609	609	54.04(q) and that probation violation was not discovered by the
610	610	state before the person's applicable [19th] birthday, the district
611	611	court shall dispose of the violation of community supervision or
612	612	probation, as appropriate, in the same manner as if the court had
613	613	originally exercised jurisdiction over the case. If the judge
614	614	revokes community supervision, the judge may reduce the prison
615	615	sentence to any length without regard to the minimum term imposed by
616	616	Section 23(a), Article 42.12, Code of Criminal Procedure.
617	617	(i) If the juvenile court exercises jurisdiction over a
618	618	person on or after the person's [who is 18 or 19 years of age or
619	619	older, as] applicable birthday, under Section 51.041 or 51.0412,
620	620	the court or jury may, if the person is otherwise eligible, place
621	621	the person on probation under Section 54.04(q). The juvenile court
622	622	shall set the conditions of probation and immediately transfer
623	623	supervision of the person to the appropriate court exercising
624	624	criminal jurisdiction under Subsection (e).
625	625	(j) In this section, "applicable birthday" means the
626	626	person's:
627	627	(1) 18th birthday, if the conduct for which the person
628	628	was placed on probation occurred before September 1, 2011;
629	629	(2) 19th birthday, if the conduct for which the person
630	630	was placed on probation occurred on or after September 1, 2011, but
631	631	before September 1, 2016; or
632	632	(3) 20th birthday, if the conduct for which the person
633	633	was placed on probation occurred on or after September 1, 2016.
634	634	SECTION 4.11. Section 54.11(l), Family Code, is amended to
635	635	read as follows:
636	636	(l) Pending the conclusion of a transfer hearing, the
637	637	juvenile court shall order that the person who is referred for
638	638	transfer be detained in a certified juvenile detention facility as
639	639	provided by Subsection (m). If the person is at least 18 [17] years
640	640	of age, the juvenile court may order that the person be detained
641	641	without bond in an appropriate county facility for the detention of
642	642	adults accused of criminal offenses.
643	643	SECTION 4.12. Section 55.15, Family Code, is amended to
644	644	read as follows:
645	645	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
646	646	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
647	647	which the child's case is referred under Section 55.12(2) orders
648	648	mental health services for the child, the child shall be cared for,
649	649	treated, and released in conformity to Subtitle C, Title 7, Health
650	650	and Safety Code, except:
651	651	(1) a court order for mental health services for a
652	652	child automatically expires on the 120th day after the date the
653	653	child becomes 19 [18] years of age; and
654	654	(2) the administrator of a mental health facility
655	655	shall notify, in writing, by certified mail, return receipt
656	656	requested, the juvenile court that ordered mental health services
657	657	or the juvenile court that referred the case to a court that ordered
658	658	the mental health services of the intent to discharge the child at
659	659	least 10 days prior to discharge.
660	660	SECTION 4.13. Section 55.18, Family Code, is amended to
661	661	read as follows:
662	662	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
663	663	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
664	664	mental health facility before reaching 19 [18] years of age, the
665	665	juvenile court may:
666	666	(1) dismiss the juvenile court proceedings with
667	667	prejudice; or
668	668	(2) continue with proceedings under this title as
669	669	though no order of mental health services had been made.
670	670	SECTION 4.14. The heading to Section 55.19, Family Code, is
671	671	amended to read as follows:
672	672	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
673	673	BIRTHDAY.
674	674	SECTION 4.15. Section 55.19(a), Family Code, is amended to
675	675	read as follows:
676	676	(a) The juvenile court shall transfer all pending
677	677	proceedings from the juvenile court to a criminal court on the 19th
678	678	[18th] birthday of a child for whom the juvenile court or a court to
679	679	which the child's case is referred under Section 55.12(2) has
680	680	ordered inpatient mental health services if:
681	681	(1) the child is not discharged or furloughed from the
682	682	inpatient mental health facility before reaching 19 [18] years of
683	683	age; and
684	684	(2) the child is alleged to have engaged in delinquent
685	685	conduct that included a violation of a penal law listed in Section
686	686	53.045 and no adjudication concerning the alleged conduct has been
687	687	made.
688	688	SECTION 4.16. Section 55.43(a), Family Code, as amended by
689	689	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
690	690	is amended to read as follows:
691	691	(a) The prosecuting attorney may file with the juvenile
692	692	court a motion for a restoration hearing concerning a child if:
693	693	(1) the child is found unfit to proceed as a result of
694	694	mental illness or an intellectual disability; and
695	695	(2) the child:
696	696	(A) is not:
697	697	(i) ordered by a court to receive inpatient
698	698	mental health services;
699	699	(ii) committed by a court to a residential
700	700	care facility; or
701	701	(iii) ordered by a court to receive
702	702	treatment on an outpatient basis; or
703	703	(B) is discharged or currently on furlough from a
704	704	mental health facility or outpatient center before the child
705	705	reaches 19 [18] years of age.
706	706	SECTION 4.17. The heading to Section 55.44, Family Code, is
707	707	amended to read as follows:
708	708	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
709	709	BIRTHDAY OF CHILD.
710	710	SECTION 4.18. Section 55.44(a), Family Code, as amended by
711	711	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
712	712	is amended to read as follows:
713	713	(a) The juvenile court shall transfer all pending
714	714	proceedings from the juvenile court to a criminal court on the 19th
715	715	[18th] birthday of a child for whom the juvenile court or a court to
716	716	which the child's case is referred has ordered inpatient mental
717	717	health services or residential care for persons with an
718	718	intellectual disability if:
719	719	(1) the child is not discharged or currently on
720	720	furlough from the facility before reaching 19 [18] years of age; and
721	721	(2) the child is alleged to have engaged in delinquent
722	722	conduct that included a violation of a penal law listed in Section
723	723	53.045 and no adjudication concerning the alleged conduct has been
724	724	made.
725	725	SECTION 4.19. Section 56.01(c), Family Code, is amended to
726	726	read as follows:
727	727	(c) An appeal may be taken:
728	728	(1) except as provided by Subsection (n), by or on
729	729	behalf of a child from an order entered under:
730	730	(A) Section 54.02 respecting transfer of the
731	731	child to a district court or criminal court for prosecution as an
732	732	adult;
733	733	(B) Section 54.03 with regard to delinquent
734	734	conduct or conduct indicating a need for supervision;
735	735	(C) [(B)] Section 54.04 disposing of the case;
736	736	(D) [(C)] Section 54.05 respecting modification
737	737	of a previous juvenile court disposition; or
738	738	(E) [(D)] Chapter 55 by a juvenile court
739	739	committing a child to a facility for the mentally ill or
740	740	intellectually disabled [mentally retarded]; or
741	741	(2) by a person from an order entered under Section
742	742	54.11(i)(2) transferring the person to the custody of the Texas
743	743	Department of Criminal Justice.
744	744	SECTION 4.20. The heading to Section 56.03, Family Code, is
745	745	amended to read as follows:
746	746	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
747	747	FOR DETERMINATE SENTENCE].
748	748	SECTION 4.21. Section 56.03(b), Family Code, is amended to
749	749	read as follows:
750	750	(b) The state is entitled to appeal an order of a court:
751	751	(1) in a juvenile case in which the grand jury has
752	752	approved of the petition under Section 53.045 if the order:
753	753	(A) [(1)] dismisses a petition or any portion of
754	754	a petition;
755	755	(B) [(2)] arrests or modifies a judgment;
756	756	(C) [(3)] grants a new trial;
757	757	(D) [(4)] sustains a claim of former jeopardy; or
758	758	(E) [(5)] grants a motion to suppress evidence, a
759	759	confession, or an admission and if:
760	760	(i) [(A)] jeopardy has not attached in the
761	761	case;
762	762	(ii) [(B)] the prosecuting attorney
763	763	certifies to the trial court that the appeal is not taken for the
764	764	purpose of delay; and
765	765	(iii) [(C)] the evidence, confession, or
766	766	admission is of substantial importance in the case; or
767	767	(2) if the order denies the transfer of the child under
768	768	Section 54.02 to criminal court for prosecution as an adult.
769	769	SECTION 4.22. Sections 58.003(c), (c-2), (c-4), (c-6), and
770	770	(c-8), Family Code, are amended to read as follows:
771	771	(c) Subject to Subsection (b), a court may order the sealing
772	772	of records concerning a person adjudicated as having engaged in
773	773	delinquent conduct that violated a penal law of the grade of felony
774	774	only if:
775	775	(1) the person is 19 years of age or older;
776	776	(2) the person was not transferred by a juvenile court
777	777	under Section 54.02 to a criminal court for prosecution;
778	778	(3) the records have not been used as evidence in the
779	779	punishment phase of a criminal proceeding under Section 3(a),
780	780	Article 37.07, Code of Criminal Procedure; and
781	781	(4) the person has not been convicted of a penal law of
782	782	the grade of felony after becoming age 18 [17].
783	783	(c-2) If the court orders the sealing of a child's records
784	784	under Subsection (c-1), a prosecuting attorney or juvenile
785	785	probation department may maintain until the child's 19th [17th]
786	786	birthday a separate record of the child's name and date of birth and
787	787	the date the child successfully completed the drug court
788	788	program. The prosecuting attorney or juvenile probation
789	789	department, as applicable, shall send the record to the court as
790	790	soon as practicable after the child's 19th [17th] birthday to be
791	791	added to the child's other sealed records.
792	792	(c-4) A prosecuting attorney or juvenile probation
793	793	department may maintain until a child's 19th [17th] birthday a
794	794	separate record of the child's name and date of birth and the date
795	795	on which the child's records are sealed, if the child's records are
796	796	sealed under Subsection (c-3). The prosecuting attorney or
797	797	juvenile probation department, as applicable, shall send the record
798	798	to the court as soon as practicable after the child's 19th [17th]
799	799	birthday to be added to the child's other sealed records.
800	800	(c-6) A prosecuting attorney or juvenile probation
801	801	department may maintain until a child's 19th [17th] birthday a
802	802	separate record of the child's name and date of birth and the date
803	803	on which the child successfully completed the educational program,
804	804	if the child's records are sealed under Subsection (c-5). The
805	805	prosecuting attorney or juvenile probation department, as
806	806	applicable, shall send the record to the court as soon as
807	807	practicable after the child's 19th [17th] birthday to be added to
808	808	the child's other sealed records.
809	809	(c-8) If the court orders the sealing of a child's records
810	810	under Subsection (c-7), a prosecuting attorney or juvenile
811	811	probation department may maintain until the child's 19th [18th]
812	812	birthday a separate record of the child's name and date of birth and
813	813	the date the child successfully completed the trafficked persons
814	814	program. The prosecuting attorney or juvenile probation
815	815	department, as applicable, shall send the record to the court as
816	816	soon as practicable after the child's 19th [18th] birthday to be
817	817	added to the child's other sealed records.
818	818	SECTION 4.23. Section 58.0052(a)(2), Family Code, is
819	819	amended to read as follows:
820	820	(2) "Multi-system youth" means a person who:
821	821	(A) is younger than 20 [19] years of age; and
822	822	(B) has received services from two or more
823	823	juvenile service providers.
824	824	SECTION 4.24. Section 58.0071(d), Family Code, is amended
825	825	to read as follows:
826	826	(d) The physical records and files of a juvenile case may
827	827	only be destroyed if the child who is the respondent in the case:
828	828	(1) is at least 19 [18] years of age and:
829	829	(A) the most serious allegation adjudicated was
830	830	conduct indicating a need for supervision;
831	831	(B) the most serious allegation was conduct
832	832	indicating a need for supervision and there was not an
833	833	adjudication; or
834	834	(C) the referral or information did not relate to
835	835	conduct indicating a need for supervision or delinquent conduct and
836	836	the juvenile court or the court's staff did not take action on the
837	837	referral or information for that reason;
838	838	(2) is at least 21 years of age and:
839	839	(A) the most serious allegation adjudicated was
840	840	delinquent conduct that violated a penal law of the grade of
841	841	misdemeanor; or
842	842	(B) the most serious allegation was delinquent
843	843	conduct that violated a penal law of the grade of misdemeanor or
844	844	felony and there was not an adjudication; or
845	845	(3) is at least 31 years of age and the most serious
846	846	allegation adjudicated was delinquent conduct that violated a penal
847	847	law of the grade of felony.
848	848	SECTION 4.25. Section 58.203(a), Family Code, is amended to
849	849	read as follows:
850	850	(a) The department shall certify to the juvenile probation
851	851	department to which a referral was made that resulted in
852	852	information being submitted to the juvenile justice information
853	853	system that the records relating to a person's juvenile case are
854	854	subject to automatic restriction of access if:
855	855	(1) the person is at least 19 [17] years of age;
856	856	(2) the juvenile case did not include conduct
857	857	resulting in determinate sentence proceedings in the juvenile court
858	858	under Section 53.045; and
859	859	(3) the juvenile case was not certified for trial in
860	860	criminal court under Section 54.02.
861	861	SECTION 4.26. Section 58.208, Family Code, is amended to
862	862	read as follows:
863	863	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
864	864	final discharge of a child from the juvenile system or on the last
865	865	official action in the case, if there is no adjudication, the
866	866	appropriate juvenile justice official shall provide to the child:
867	867	(1) a written explanation of how automatic restricted
868	868	access under this subchapter works;
869	869	(2) a copy of this subchapter; and
870	870	(3) a statement that if the child wishes to receive
871	871	notification of an action restricting access to the child's records
872	872	under Section 58.207(a), the child must before the child's 19th
873	873	[17th] birthday provide the juvenile probation department with a
874	874	current address where the child can receive notification.
875	875	SECTION 4.27. Section 58.209(a), Family Code, is amended to
876	876	read as follows:
877	877	(a) When a child is placed on probation for an offense that
878	878	may be eligible for automatic restricted access at age 19 [17] or
879	879	when a child is received by the Texas Juvenile Justice Department on
880	880	an indeterminate commitment, a probation officer or an official at
881	881	the Texas Juvenile Justice Department reception center, as soon as
882	882	practicable, shall explain the substance of the following
883	883	information to the child:
884	884	(1) if the child was adjudicated as having committed
885	885	delinquent conduct for a felony or jailable misdemeanor, that the
886	886	child probably has a juvenile record with the department and the
887	887	Federal Bureau of Investigation;
888	888	(2) that the child's juvenile record is a permanent
889	889	record that is not destroyed or erased unless the record is eligible
890	890	for sealing and the child or the child's family hires a lawyer and
891	891	files a petition in court to have the record sealed;
892	892	(3) that the child's juvenile record, other than
893	893	treatment records made confidential by law, can be accessed by
894	894	police, sheriff's officers, prosecutors, probation officers,
895	895	correctional officers, and other criminal and juvenile justice
896	896	officials in this state and elsewhere;
897	897	(4) that the child's juvenile record, other than
898	898	treatment records made confidential by law, can be accessed by
899	899	employers, educational institutions, licensing agencies, and other
900	900	organizations when the child applies for employment or educational
901	901	programs;
902	902	(5) if the child's juvenile record is placed on
903	903	restricted access when the child becomes 19 [17] years of age, that
904	904	access will be denied to employers, educational institutions, and
905	905	others except for criminal justice agencies;
906	906	(6) that restricted access does not require any action
907	907	by the child or the child's family, including the filing of a
908	908	petition or hiring of a lawyer, but occurs automatically at age 19
909	909	[17]; and
910	910	(7) that if the child is under the jurisdiction of the
911	911	juvenile court or the Texas Juvenile Justice Department on or after
912	912	the child's 19th [17th] birthday, the law regarding restricted
913	913	access will not apply until the person is discharged from the
914	914	jurisdiction of the court or department, as appropriate.
915	915	SECTION 4.28. Section 58.211(a), Family Code, is amended to
916	916	read as follows:
917	917	(a) If the department has notified a juvenile probation
918	918	department that a record has been placed on restricted access and
919	919	the department later receives information in the department's
920	920	criminal history system that the subject of the records has been
921	921	convicted of or placed on deferred adjudication for a felony or a
922	922	misdemeanor punishable by confinement in jail for an offense
923	923	committed after the person reached the age of 18 [17], the person's
924	924	juvenile records are no longer subject to restricted access. The
925	925	department shall notify the appropriate local juvenile probation
926	926	departments in the manner described by Section 58.203 that the
927	927	person's records are no longer subject to restricted access.
928	928	SECTION 4.29. Section 59.005(b), Family Code, is amended to
929	929	read as follows:
930	930	(b) The juvenile court or the probation department shall
931	931	discharge the child from the custody of the probation department on
932	932	the date the provisions of this section are met or on the child's
933	933	19th [18th] birthday, whichever is earlier.
934	934	SECTION 4.30. Section 59.006(b), Family Code, is amended to
935	935	read as follows:
936	936	(b) The juvenile court shall discharge the child from the
937	937	custody of the probation department on the date the provisions of
938	938	this section are met or on the child's 19th [18th] birthday,
939	939	whichever is earlier.
940	940	SECTION 4.31. Section 59.007(b), Family Code, is amended to
941	941	read as follows:
942	942	(b) The juvenile court shall discharge the child from the
943	943	custody of the probation department on the date the provisions of
944	944	this section are met or on the child's 19th [18th] birthday,
945	945	whichever is earlier.
946	946	SECTION 4.32. Section 59.008(b), Family Code, is amended to
947	947	read as follows:
948	948	(b) The juvenile court shall discharge the child from the
949	949	custody of the probation department on the date the provisions of
950	950	this section are met or on the child's 19th [18th] birthday,
951	951	whichever is earlier.
952	952	SECTION 4.33. Section 59.009(c), Family Code, is amended to
953	953	read as follows:
954	954	(c) The Texas Juvenile Justice Department, juvenile board,
955	955	or local juvenile probation department may discharge the child from
956	956	the custody of the department, board, or probation department, as
957	957	applicable, on the date the provisions of this section are met or on
958	958	the child's 20th [19th] birthday, whichever is earlier.
959	959	SECTION 4.34. Section 61.051(c), Family Code, is amended to
960	960	read as follows:
961	961	(c) The juvenile court retains jurisdiction to enter a
962	962	contempt order if the motion for enforcement is filed not later than
963	963	six months after the child's 19th [18th] birthday.
964	964	SECTION 4.35. Section 614.019(b), Health and Safety Code,
965	965	as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
966	966	Session, 2015, is amended to read as follows:
967	967	(b) A child with mental illness who is receiving continuity
968	968	of care services during parole from the Texas Juvenile Justice
969	969	Department and who is no longer eligible to receive services from a
970	970	local mental health authority when the child becomes 18 [17] years
971	971	of age because the child does not meet the requirements of a local
972	972	service area plan under Section 533.0352(a) may continue to receive
973	973	continuity of care services from the office until the child
974	974	completes the child's parole.
975	975	SECTION 4.36. Section 63.001(1), Human Resources Code, is
976	976	amended to read as follows:
977	977	(1) "Juvenile" means a person from the age of 10 to 20
978	978	[18] years who:
979	979	(A) has been found to have engaged in delinquent
980	980	conduct by a juvenile court; and
981	981	(B) is under the jurisdiction of the juvenile
982	982	court [of competent jurisdiction].
983	983	SECTION 4.37. Section 152.0015, Human Resources Code, is
984	984	amended to read as follows:
985	985	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
986	986	JUVENILES. A juvenile board shall establish a policy that
987	987	specifies whether a person who has been transferred for criminal
988	988	prosecution under Section 54.02, Family Code, and is younger than
989	989	18 [17] years of age may be detained in a juvenile facility pending
990	990	trial as provided by Section 51.12, Family Code.
991	991	SECTION 4.38. Sections 152.0016(e) and (j), Human Resources
992	992	Code, as added by Chapter 1323 (S.B. 511), Acts of the 83rd
993	993	Legislature, Regular Session, 2013, are amended to read as follows:
994	994	(e) A juvenile board or a local juvenile probation
995	995	department shall accept a person properly committed to it by a
996	996	juvenile court under Section 54.04011, Family Code, in the same
997	997	manner in which the Texas Juvenile Justice Department accepts a
998	998	person under Section 54.04(e), Family Code, even though the person
999	999	may be 18 [17] years of age or older at the time of the commitment.
1000	1000	(j) After a child committed to a post-adjudication secure
1001	1001	correctional facility with a determinate sentence under Section
1002	1002	54.04011(c)(2), Family Code, becomes 16 years of age but before the
1003	1003	child becomes 20 [19] years of age, the juvenile board or local
1004	1004	juvenile probation department operating or contracting for the
1005	1005	operation of the facility may refer the child to the juvenile court
1006	1006	that entered the order of commitment for approval of the child's
1007	1007	transfer to the Texas Department of Criminal Justice for
1008	1008	confinement if the child has not completed the sentence and:
1009	1009	(1) the child's conduct, regardless of whether the
1010	1010	child was released under supervision through a program established
1011	1011	by the board or department, indicates that the welfare of the
1012	1012	community requires the transfer; or
1013	1013	(2) while the child was released under supervision:
1014	1014	(A) a juvenile court adjudicated the child as
1015	1015	having engaged in delinquent conduct constituting a felony offense;
1016	1016	(B) a criminal court convicted the child of a
1017	1017	felony offense; or
1018	1018	(C) the child's release under supervision was
1019	1019	revoked.
1020	1020	SECTION 4.39. Section 201.001(a)(2), Human Resources Code,
1021	1021	is amended to read as follows:
1022	1022	(2) "Child" means an individual[:
1023	1023	[(A)] 10 years of age or older and younger than 20
1024	1024	[18] years of age who is under the jurisdiction of a juvenile
1025	1025	court[; or
1026	1026	[(B) 10 years of age or older and younger than 19
1027	1027	years of age who is committed to the department under Title 3,
1028	1028	Family Code].
1029	1029	SECTION 4.40. Section 243.051(b), Human Resources Code, is
1030	1030	amended to read as follows:
1031	1031	(b) A child who is arrested or taken into custody under
1032	1032	Subsection (a) may be detained in any suitable place, including an
1033	1033	adult jail facility if the person is 18 [17] years of age or older,
1034	1034	until the child is returned to the custody of the department or
1035	1035	transported to a department facility.
1036	1036	SECTION 4.41. Section 244.014(a), Human Resources Code, is
1037	1037	amended to read as follows:
1038	1038	(a) After a child sentenced to commitment under Section
1039	1039	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
1040	1040	of age but before the child becomes 20 [19] years of age, the
1041	1041	department may refer the child to the juvenile court that entered
1042	1042	the order of commitment for approval of the child's transfer to the
1043	1043	Texas Department of Criminal Justice for confinement if:
1044	1044	(1) the child has not completed the sentence; and
1045	1045	(2) the child's conduct, regardless of whether the
1046	1046	child was released under supervision under Section 245.051,
1047	1047	indicates that the welfare of the community requires the transfer.
1048	1048	SECTION 4.42. Section 244.015, Human Resources Code, is
1049	1049	amended to read as follows:
1050	1050	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
1051	1051	DETERMINATE SENTENCES. (a) When a child who is sentenced to
1052	1052	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
1053	1053	Family Code, becomes 19 [18] years of age, the department shall
1054	1054	evaluate whether the child is in need of additional services that
1055	1055	can be completed in the six-month period after the child's 19th
1056	1056	[18th] birthday to prepare the child for release from the custody of
1057	1057	the department or transfer to the Texas Department of Criminal
1058	1058	Justice.
1059	1059	(b) This section does not apply to a child who is released
1060	1060	from the custody of the department or who is transferred to the
1061	1061	Texas Department of Criminal Justice before the child's 19th [18th]
1062	1062	birthday.
1063	1063	SECTION 4.43. Section 245.053(i), Human Resources Code, is
1064	1064	amended to read as follows:
1065	1065	(i) If the department requires as a condition of release
1066	1066	that a child attend psychological counseling under Subsection (a),
1067	1067	the department may, before the date the period of release ends,
1068	1068	petition the appropriate court to request the court to extend the
1069	1069	period of release for an additional period necessary to complete
1070	1070	the required counseling as determined by the treatment provider,
1071	1071	except that the release period may not be extended to a date after
1072	1072	the date of the child's 19th [18th] birthday.
1073	1073	SECTION 4.44. Sections 245.151(d) and (e), Human Resources
1074	1074	Code, are amended to read as follows:
1075	1075	(d) Except as provided by Subsection (e), the department
1076	1076	shall discharge from its custody a person not already discharged on
1077	1077	the person's 20th [19th] birthday.
1078	1078	(e) The department shall transfer a person who has been
1079	1079	sentenced under a determinate sentence to commitment under Section
1080	1080	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1081	1081	returned to the department under Section 54.11(i)(1), Family Code,
1082	1082	to the custody of the Texas Department of Criminal Justice on the
1083	1083	person's 20th [19th] birthday, if the person has not already been
1084	1084	discharged or transferred, to serve the remainder of the person's
1085	1085	sentence on parole as provided by Section 508.156, Government Code.
1086	1086	SECTION 4.45. (a) Except as provided by Subsection (b) of
1087	1087	this section, the changes in law made by this article apply only to
1088	1088	procedures relating to conduct that occurs on or after January 1,
1089	1089	2017. Procedures relating to conduct that occurred before January
1090	1090	1, 2017, are governed by the law in effect on the date the conduct
1091	1091	occurred, and the former law is continued in effect for that
1092	1092	purpose.
1093	1093	(b) The change in law made by this article to Section
1094	1094	58.0052, Family Code, applies to the sharing of information on or
1095	1095	after September 1, 2015, without regard to whether the information
1096	1096	was compiled before, on, or after that date.
1097	1097	(c) For purposes of this section, conduct occurred before
1098	1098	January 1, 2017, if any element of the conduct occurred before that
1099	1099	date.
1100	1100	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1101	1101	RESPONSIBILITY
1102	1102	SECTION 5.01. Section 79.001(10), Government Code, is
1103	1103	amended to read as follows:
1104	1104	(10) "Juvenile offense" means conduct committed by a
1105	1105	person while younger than 18 [17] years of age that constitutes:
1106	1106	(A) a misdemeanor punishable by confinement; or
1107	1107	(B) a felony.
1108	1108	SECTION 5.02. Section 511.009(a), Government Code, is
1109	1109	amended to read as follows:
1110	1110	(a) The commission shall:
1111	1111	(1) adopt reasonable rules and procedures
1112	1112	establishing minimum standards for the construction, equipment,
1113	1113	maintenance, and operation of county jails;
1114	1114	(2) adopt reasonable rules and procedures
1115	1115	establishing minimum standards for the custody, care, and treatment
1116	1116	of prisoners;
1117	1117	(3) adopt reasonable rules establishing minimum
1118	1118	standards for the number of jail supervisory personnel and for
1119	1119	programs and services to meet the needs of prisoners;
1120	1120	(4) adopt reasonable rules and procedures
1121	1121	establishing minimum requirements for programs of rehabilitation,
1122	1122	education, and recreation in county jails;
1123	1123	(5) revise, amend, or change rules and procedures if
1124	1124	necessary;
1125	1125	(6) provide to local government officials
1126	1126	consultation on and technical assistance for county jails;
1127	1127	(7) review and comment on plans for the construction
1128	1128	and major modification or renovation of county jails;
1129	1129	(8) require that the sheriff and commissioners of each
1130	1130	county submit to the commission, on a form prescribed by the
1131	1131	commission, an annual report on the conditions in each county jail
1132	1132	within their jurisdiction, including all information necessary to
1133	1133	determine compliance with state law, commission orders, and the
1134	1134	rules adopted under this chapter;
1135	1135	(9) review the reports submitted under Subdivision (8)
1136	1136	and require commission employees to inspect county jails regularly
1137	1137	to ensure compliance with state law, commission orders, and rules
1138	1138	and procedures adopted under this chapter;
1139	1139	(10) adopt a classification system to assist sheriffs
1140	1140	and judges in determining which defendants are low-risk and
1141	1141	consequently suitable participants in a county jail work release
1142	1142	program under Article 42.034, Code of Criminal Procedure;
1143	1143	(11) adopt rules relating to requirements for
1144	1144	segregation of classes of inmates and to capacities for county
1145	1145	jails;
1146	1146	(12) require that the chief jailer of each municipal
1147	1147	lockup submit to the commission, on a form prescribed by the
1148	1148	commission, an annual report of persons under 18 [17] years of age
1149	1149	securely detained in the lockup, including all information
1150	1150	necessary to determine compliance with state law concerning secure
1151	1151	confinement of children in municipal lockups;
1152	1152	(13) at least annually determine whether each county
1153	1153	jail is in compliance with the rules and procedures adopted under
1154	1154	this chapter;
1155	1155	(14) require that the sheriff and commissioners court
1156	1156	of each county submit to the commission, on a form prescribed by the
1157	1157	commission, an annual report of persons under 18 [17] years of age
1158	1158	securely detained in the county jail, including all information
1159	1159	necessary to determine compliance with state law concerning secure
1160	1160	confinement of children in county jails;
1161	1161	(15) schedule announced and unannounced inspections
1162	1162	of jails under the commission's jurisdiction using the risk
1163	1163	assessment plan established under Section 511.0085 to guide the
1164	1164	inspections process;
1165	1165	(16) adopt a policy for gathering and distributing to
1166	1166	jails under the commission's jurisdiction information regarding:
1167	1167	(A) common issues concerning jail
1168	1168	administration;
1169	1169	(B) examples of successful strategies for
1170	1170	maintaining compliance with state law and the rules, standards, and
1171	1171	procedures of the commission; and
1172	1172	(C) solutions to operational challenges for
1173	1173	jails;
1174	1174	(17) report to the Texas Correctional Office on
1175	1175	Offenders with Medical or Mental Impairments on a jail's compliance
1176	1176	with Article 16.22, Code of Criminal Procedure;
1177	1177	(18) adopt reasonable rules and procedures
1178	1178	establishing minimum requirements for jails to:
1179	1179	(A) determine if a prisoner is pregnant; and
1180	1180	(B) ensure that the jail's health services plan
1181	1181	addresses medical and mental health care, including nutritional
1182	1182	requirements, and any special housing or work assignment needs for
1183	1183	persons who are confined in the jail and are known or determined to
1184	1184	be pregnant; and
1185	1185	(19) provide guidelines to sheriffs regarding
1186	1186	contracts between a sheriff and another entity for the provision of
1187	1187	food services to or the operation of a commissary in a jail under
1188	1188	the commission's jurisdiction, including specific provisions
1189	1189	regarding conflicts of interest and avoiding the appearance of
1190	1190	impropriety.
1191	1191	SECTION 5.03. Section 521.201, Transportation Code, is
1192	1192	amended to read as follows:
1193	1193	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1194	1194	department may not issue any license to a person who:
1195	1195	(1) is under 15 years of age;
1196	1196	(2) is under 18 years of age unless the person complies
1197	1197	with the requirements imposed by Section 521.204;
1198	1198	(3) is shown to be addicted to the use of alcohol, a
1199	1199	controlled substance, or another drug that renders a person
1200	1200	incapable of driving;
1201	1201	(4) holds a driver's license issued by this state or
1202	1202	another state or country that is revoked, canceled, or under
1203	1203	suspension;
1204	1204	(5) has been determined by a judgment of a court to be
1205	1205	totally incapacitated or incapacitated to act as the operator of a
1206	1206	motor vehicle unless the person has, by the date of the license
1207	1207	application, been:
1208	1208	(A) restored to capacity by judicial decree; or
1209	1209	(B) released from a hospital for the mentally
1210	1210	incapacitated on a certificate by the superintendent or
1211	1211	administrator of the hospital that the person has regained
1212	1212	capacity;
1213	1213	(6) the department determines to be afflicted with a
1214	1214	mental or physical disability or disease that prevents the person
1215	1215	from exercising reasonable and ordinary control over a motor
1216	1216	vehicle while operating the vehicle on a highway, except that a
1217	1217	person may not be refused a license because of a physical defect if
1218	1218	common experience shows that the defect does not incapacitate a
1219	1219	person from safely operating a motor vehicle;
1220	1220	(7) has been reported by a court under Section
1221	1221	521.3452 for failure to appear unless the court has filed an
1222	1222	additional report on final disposition of the case; or
1223	1223	(8) has been reported by a court for failure to appear
1224	1224	or default in payment of a fine for a misdemeanor that is not
1225	1225	covered under Subdivision (7) and that is punishable by a fine only,
1226	1226	including a misdemeanor under a municipal ordinance, committed by a
1227	1227	person who was under 18 [17] years of age at the time of the alleged
1228	1228	offense, unless the court has filed an additional report on final
1229	1229	disposition of the case.
1230	1230	SECTION 5.04. Section 521.294, Transportation Code, is
1231	1231	amended to read as follows:
1232	1232	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1233	1233	REVOCATION. The department shall revoke the person's license if
1234	1234	the department determines that the person:
1235	1235	(1) is incapable of safely operating a motor vehicle;
1236	1236	(2) has not complied with the terms of a citation
1237	1237	issued by a jurisdiction that is a party to the Nonresident Violator
1238	1238	Compact of 1977 for a traffic violation to which that compact
1239	1239	applies;
1240	1240	(3) has failed to provide medical records or has
1241	1241	failed to undergo medical or other examinations as required by a
1242	1242	panel of the medical advisory board;
1243	1243	(4) has failed to pass an examination required by the
1244	1244	director under this chapter;
1245	1245	(5) has been reported by a court under Section
1246	1246	521.3452 for failure to appear unless the court files an additional
1247	1247	report on final disposition of the case;
1248	1248	(6) has been reported within the preceding two years
1249	1249	by a justice or municipal court for failure to appear or for a
1250	1250	default in payment of a fine for a misdemeanor punishable only by
1251	1251	fine, other than a failure reported under Section 521.3452,
1252	1252	committed by a person who is at least 14 years of age but younger
1253	1253	than 18 [17] years of age when the offense was committed, unless the
1254	1254	court files an additional report on final disposition of the case;
1255	1255	or
1256	1256	(7) has committed an offense in another state or
1257	1257	Canadian province that, if committed in this state, would be
1258	1258	grounds for revocation.
1259	1259	SECTION 5.05. Section 521.294(6), Transportation Code, as
1260	1260	amended by this article, applies only to an offense committed on or
1261	1261	after January 1, 2017. An offense committed before January 1, 2017,
1262	1262	is governed by the law in effect on the date the offense was
1263	1263	committed, and the former law is continued in effect for that
1264	1264	purpose. For purposes of this section, an offense was committed
1265	1265	before January 1, 2017, if any element of the offense occurred
1266	1266	before that date.
1267	1267	ARTICLE 6. ADVISORY COMMITTEE
1268	1268	SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1269	1269	Not later than December 1, 2015, the Texas Juvenile Justice Board
1270	1270	shall appoint an advisory committee to monitor and evaluate
1271	1271	implementation of this Act.
1272	1272	(b) In making appointments to the advisory committee, the
1273	1273	board shall include members who are interested parties, including:
1274	1274	(1) the executive director of the Texas Juvenile
1275	1275	Justice Department or the executive director's designee;
1276	1276	(2) the director of probation services of the Texas
1277	1277	Juvenile Justice Department or the director's designee;
1278	1278	(3) the executive commissioner of the Health and Human
1279	1279	Services Commission or the executive commissioner's designee;
1280	1280	(4) one representative of county commissioners courts
1281	1281	appointed by the board;
1282	1282	(5) two juvenile court judges appointed by the board;
1283	1283	(6) seven chief juvenile probation officers appointed
1284	1284	by the board as provided by Subsection (c) of this section;
1285	1285	(7) juvenile prosecutors;
1286	1286	(8) juvenile defense attorneys;
1287	1287	(9) juvenile justice advocates; and
1288	1288	(10) individuals who were adjudicated for juvenile
1289	1289	offenses in this state or who were prosecuted as adults for offenses
1290	1290	committed when they were 17 years old, or their family members.
1291	1291	(b-1) In addition to the members appointed by the board, the
1292	1292	advisory council shall include:
1293	1293	(1) a member from the house of representatives,
1294	1294	appointed by the speaker of the house; and
1295	1295	(2) a member from the senate, appointed by the
1296	1296	lieutenant governor.
1297	1297	(c) The board shall appoint to the advisory council one
1298	1298	chief juvenile probation officer from each regional chiefs
1299	1299	association in this state from a list of nominees submitted to the
1300	1300	board by each regional chiefs association. To the greatest extent
1301	1301	practicable, a regional chiefs association shall include in the
1302	1302	association's list of nominees:
1303	1303	(1) one chief juvenile probation officer of a juvenile
1304	1304	probation department serving a county with a population that
1305	1305	includes fewer than 7,500 persons younger than 18 years of age;
1306	1306	(2) one chief juvenile probation officer of a juvenile
1307	1307	probation department serving a county with a population that
1308	1308	includes at least 7,500 but fewer than 80,000 persons younger than
1309	1309	18 years of age; and
1310	1310	(3) one chief juvenile probation officer of a juvenile
1311	1311	probation department serving a county with a population that
1312	1312	includes 80,000 or more persons younger than 18 years of age.
1313	1313	(d) The board shall designate one of the members as
1314	1314	presiding officer of the advisory committee.
1315	1315	(e) The advisory committee shall assist the Texas Juvenile
1316	1316	Justice Department in evaluating and monitoring the implementation
1317	1317	of this Act, which includes determining the needs and problems of
1318	1318	county juvenile boards and probation departments, and offer
1319	1319	recommendations to meet identified needs and problems.
1320	1320	(f) Members of the advisory committee serve without
1321	1321	compensation and are not entitled to reimbursement for expenses.
1322	1322	(g) The advisory committee is not subject to Chapter 2110,
1323	1323	Government Code.
1324	1324	(h) The advisory committee is abolished and this article
1325	1325	expires June 1, 2017.
1326	1326	ARTICLE 7. EFFECTIVE DATES
1327	1327	SECTION 7.01. (a) Except as provided by Subsection (b) of
1328	1328	this section, this Act takes effect January 1, 2017.
1329	1329	(b) The following provisions of this Act take effect
1330	1330	September 1, 2015:
1331	1331	(1) Section 3.04;
1332	1332	(2) Section 4.22; and
1333	1333	(3) Article 6.