Texas 2015 - 84th Regular

Texas House Bill HB2616 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R21259 MK-F
2		-	By: Dutton H.B. No. 2616
3		-	Substitute the following for H.B. No. 2616:
4		-	By: Dutton C.S.H.B. No. 2616
	2	+	By: Dutton, Guillen H.B. No. 2616
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to procedures related to juvenile justice proceedings;
10	8		increasing the punishment for certain delinquent conduct.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Article 4.19(a), Code of Criminal Procedure, is
13	11		amended to read as follows:
14	12		(a) Notwithstanding the order of a juvenile court to detain
15	13		a person under the age of 17 who has been certified to stand trial as
16	14		an adult in a certified juvenile detention facility under Section
17	15		54.02(h), Family Code, the judge of the criminal court having
18	16		jurisdiction over the person may order the person to be transferred
19	17		to an adult facility. A person under the age of 17 [child] who is
20	18		transferred to an adult facility must be detained under conditions
21	19		meeting the requirements of Section 51.12(f) [51.12], Family Code.
22	20		SECTION 2. Sections 51.02(2) and (8-a), Family Code, are
23	21		amended to read as follows:
24	22		(2) "Child" means a person who is:
25	23		(A) ten years of age or older and under 17 years
26	24		of age; or
27	25		(B) under the jurisdiction of a juvenile court,
28	26		is seventeen years of age or older and under 19 [18] years of age,
29	27		and [who] is alleged or found to have engaged in delinquent conduct
30	28		or conduct indicating a need for supervision as a result of acts
31	29		committed before becoming 17 years of age.
32	30		(8-a) "Nonsecure correctional facility" means any
33	31		public or private residential [a] facility, other than a secure
34	32		detention or correctional facility, that only accepts juveniles
35	33		who:
36	34		(A) are on probation;
37	35		(B) have been detained in compliance with Section
38	36		53.02, 54.01, or 54.011; or
39	37		(C) have been placed at the facility as a
40	38		condition of court-ordered deferred adjudication or prosecution
41	39		under Section 53.03 [described by Section 51.126].
42	40		SECTION 3. Section 51.12, Family Code, is amended by adding
43	41		Subsection (g-1) to read as follows:
44	42		(g-1) Subsection (g) does not apply to a person under 17
45	43		years of age who:
46	44		(1) has been transferred to a criminal court for
47	45		prosecution under Section 54.02; and
48	46		(2) is detained in an adult jail or lockup pending
49	47		trial.
50	48		SECTION 4. Sections 52.0151(b) and (c), Family Code, are
51	49		amended to read as follows:
52	50		(b) The court may order that the person who is the witness be
53	51		detained in a certified juvenile detention facility [if the person
54	52		is younger than 17 years of age]. If the person is at least 17 years
55	53		of age and in the custody of the Texas Juvenile Justice Department
56	54		or a post-adjudication secure correctional facility operated under
57	55		Section 152.0016, Human Resources Code, as added by Chapter 1323
58	56		(S.B. 511), Acts of the 83rd Legislature, Regular Session, 2013,
59	57		the court may order that the person be detained without bond in an
60	58		appropriate county facility for the detention of adults accused of
61	59		criminal offenses.
62	60		(c) A witness held in custody under this section may be
63	61		placed in a certified juvenile detention facility or a county
64	62		facility for a period not to exceed 30 days. The length of placement
65	63		may be extended in 30-day increments by the court that issued the
66	64		original bench warrant. If the placement is not extended, the
67	65		period under this section expires and the witness shall [may] be
68	66		returned as provided by Subsection (a).
69	67		SECTION 5. Section 53.045(a), Family Code, is amended to
70	68		read as follows:
71	69		(a) Except as provided by Subsection (e), the prosecuting
72	70		attorney may refer the petition to the grand jury of the county in
73	71		which the court in which the petition is filed presides if the
74	72		petition alleges that the child engaged in delinquent conduct that
75	73		constitutes habitual felony conduct as described by Section 51.031
76	74		or that included the violation of any of the following provisions:
77	75		(1) Section 19.02, Penal Code (murder);
78	76		(2) Section 19.03, Penal Code (capital murder);
79	77		(3) Section 19.04, Penal Code (manslaughter);
80	78		(4) Section 20.04, Penal Code (aggravated
81	79		kidnapping);
82	80		(5) Section 22.011, Penal Code (sexual assault) or
83	81		Section 22.021, Penal Code (aggravated sexual assault);
84	82		(6) Section 22.02, Penal Code (aggravated assault);
85	83		(7) Section 29.03, Penal Code (aggravated robbery);
86	84		(8) Section 22.04, Penal Code (injury to a child,
87	85		elderly individual, or disabled individual), if the offense is
88	86		punishable as a felony, other than a state jail felony;
89	87		(9) Section 22.05(b), Penal Code (felony deadly
90	88		conduct involving discharging a firearm);
91	89		(10) Subchapter D, Chapter 481, Health and Safety
92	90		Code, if the conduct constitutes a felony of the first degree or an
93	91		aggravated controlled substance felony (certain offenses involving
94	92		controlled substances);
95	93		(11) Section 15.03, Penal Code (criminal
96	94		solicitation);
97	95		(12) Section 21.11(a)(1), Penal Code (indecency with a
98	96		child);
99	97		(13) Section 15.031, Penal Code (criminal
100	98		solicitation of a minor);
101	99		(14) Section 15.01, Penal Code (criminal attempt), if
102	100		the offense attempted was an offense under Section 19.02, Penal
103	101		Code (murder), or Section 19.03, Penal Code (capital murder), or an
104	102		offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
105	103		Procedure;
106	104		(15) Section 28.02, Penal Code (arson), if bodily
107	105		injury or death is suffered by any person by reason of the
108	106		commission of the conduct;
109	107		(16) Section 49.08, Penal Code (intoxication
110	108		manslaughter); [or]
111	109		(17) Section 30.02, Penal Code (burglary), if the
112	110		offense is punishable under Section 30.02(d), Penal Code, and the
113	111		actor committed the offense with intent to commit a felony under
114	112		Section 21.11, 22.011, 22.021, or 22.02, Penal Code; or
115	113		(18) Section 15.02, Penal Code (criminal conspiracy),
116	114		if the offense made the subject of the criminal conspiracy includes
117	115		a violation of any of the provisions referenced in Subdivisions (1)
118	116		through (17) [(16)].
119	117		SECTION 6. Section 54.04(d), Family Code, is amended to
120	118		read as follows:
121	119		(d) If the court or jury makes the finding specified in
122	120		Subsection (c) allowing the court to make a disposition in the case:
123	121		(1) the court or jury may, in addition to any order
124	122		required or authorized under Section 54.041 or 54.042, place the
125	123		child on probation on such reasonable and lawful terms as the court
126	124		may determine:
127	125		(A) in the child's own home or in the custody of a
128	126		relative or other fit person; or
129	127		(B) subject to the finding under Subsection (c)
130	128		on the placement of the child outside the child's home, in:
131	129		(i) a suitable foster home;
132	130		(ii) a suitable public or private
133	131		residential treatment facility licensed by a state governmental
134	132		entity or exempted from licensure by state law, except a facility
135	133		operated by the Texas Juvenile Justice Department; [or]
136	134		(iii) a suitable public or private
137	135		post-adjudication secure correctional facility that meets the
138	136		requirements of Section 51.125, except a facility operated by the
139	137		Texas Juvenile Justice Department; or
140	138		(iv) a suitable public or private nonsecure
141	139		correctional facility that meets the requirements of Section
142	140		51.126, other than a nonsecure facility operated by the Texas
143	141		Juvenile Justice Department;
144	142		(2) if the court or jury found at the conclusion of the
145	143		adjudication hearing that the child engaged in delinquent conduct
146	144		that violates a penal law of this state or the United States of the
147	145		grade of felony and if the petition was not approved by the grand
148	146		jury under Section 53.045, the court may commit the child to the
149	147		Texas Juvenile Justice Department or a post-adjudication secure
150	148		correctional facility under Section 54.04011(c)(1) without a
151	149		determinate sentence;
152	150		(3) if the court or jury found at the conclusion of the
153	151		adjudication hearing that the child engaged in delinquent conduct
154	152		that included a violation of a penal law listed in Section 53.045(a)
155	153		and if the petition was approved by the grand jury under Section
156	154		53.045, the court or jury may sentence the child to commitment in
157	155		the Texas Juvenile Justice Department or a post-adjudication secure
158	156		correctional facility under Section 54.04011(c)(2) with a possible
159	157		transfer to the Texas Department of Criminal Justice for a term of:
160	158		(A) not more than 40 years if the conduct
161	159		constitutes:
162	160		(i) a capital felony;
163	161		(ii) a felony of the first degree; or
164	162		(iii) an aggravated controlled substance
165	163		felony;
166	164		(B) not more than 20 years if the conduct
167	165		constitutes a felony of the second degree; or
168	166		(C) not more than 10 years if the conduct
169	167		constitutes a felony of the third degree;
170	168		(4) the court may assign the child an appropriate
171	169		sanction level and sanctions as provided by the assignment
172	170		guidelines in Section 59.003; or
173	171		(5) [the court may place the child in a suitable
174	172		nonsecure correctional facility that is registered and meets the
175	173		applicable standards for the facility as provided by Section
176	174		51.126; or
177	175		[(6)] if applicable, the court or jury may make a
178	176		disposition under Subsection (m) or Section 54.04011(c)(2)(A).
179	177		SECTION 7. Section 58.003(b), Family Code, is amended to
180	178		read as follows:
181	179		(b) A court may not order the sealing of the records of a
182	180		person who has received a determinate sentence for engaging in
183	181		delinquent conduct that violated a penal law listed in Section
184	182		53.045 or engaging in habitual felony conduct as described by
185	183		Section 51.031 if the person has been transferred to:
186	184		(1) a district court under Section 54.051; or
187	185		(2) the Texas Department of Criminal Justice under
188	186		Section 54.11 or under Section 245.151(e), Human Resources Code.
189	187		SECTION 8. Section 58.0071, Family Code, is amended by
190	188		adding Subsection (g) to read as follows:
191	189		(g) Notwithstanding Subsection (f), Subsection (d) applies
192	190		to the destruction of physical records and files in a juvenile case,
193	191		without regard to whether the physical records or files were
194	192		created before, on, or after September 1, 2001.
195	193		SECTION 9. Section 58.204(b), Family Code, as amended by
196	194		Chapters 871 (H.B. 694) and 1299 (H.B. 2862), Acts of the 83rd
197	195		Legislature, Regular Session, 2013, is reenacted and amended to
198	196		read as follows:
199	197		(b) On certification of records in a case under Section
200	198		58.203, the department may permit access to the information in the
201	199		juvenile justice information system relating to the case of an
202	200		individual only:
203	201		(1) by a criminal justice agency for a criminal
204	202		justice purpose, as those terms are defined by Section 411.082,
205	203		Government Code;
206	204		(2) for research purposes, by the Texas Juvenile
207	205		Justice Department;
208	206		(3) by the person who is the subject of the records on
209	207		an order from the juvenile court granting the petition filed by or
210	208		on behalf of the person who is the subject of the records;
211	209		(4) with the permission of the juvenile court at the
212	210		request of the person who is the subject of the records; [or]
213	211		(5) with the permission of the juvenile court, by a
214	212		party to a civil suit if the person who is the subject of the records
215	213		has put facts relating to the person's records at issue in the suit;
216	214		or
217	215		(6) [(3)] with the written permission of the
218	216		individual, by military personnel, including a recruiter, of this
219	217		state or the United States if the individual is an applicant for
220	218		enlistment in the armed forces.
221	219		SECTION 10. Section 58.207, Family Code, is amended to read
222	220		as follows:
223	221		Sec. 58.207. NOTICE OF [JUVENILE COURT ORDERS ON]
224	222		CERTIFICATION. (a) On receipt of a certification of records in a
225	223		case under Section 58.203, the juvenile probation department
226	224		[court] shall notify all appropriate entities [order:
227	225		[(1)] that the following records relating to the case
228	226		may be accessed only as provided by Section 58.204(b):
229	227		(1) [(A)] if the respondent was committed to the Texas
230	228		Juvenile Justice Department, records maintained by the department;
231	229		(2) [(B)] records maintained by the juvenile
232	230		probation department;
233	231		(3) [(C)] records maintained by the clerk of the
234	232		court;
235	233		(4) [(D)] records maintained by the prosecutor's
236	234		office; and
237	235		(5) [(E)] records maintained by a law enforcement
238	236		agency. [; and]
239	237		(a-1) The [(2) the] juvenile probation department shall
240	238		[to] make a reasonable effort to notify the person who is the
241	239		subject of records for which access has been restricted of the
242	240		action restricting access and the legal significance of the action
243	241		for the person, but only if the person has requested the
244	242		notification in writing and has provided the juvenile probation
245	243		department with a current address.
246	244		(b) Except as provided by Subsection (c), on receipt of a
247	245		notice [an order] under Subsection (a) [(a)(1)], the agency
248	246		maintaining the records:
249	247		(1) may allow access only as provided by Section
250	248		58.204(b); and
251	249		(2) shall respond to a request for information about
252	250		the records by stating that the records do not exist.
253	251		[(c) Notwithstanding Subsection (b) of this section and
254	252		Section 58.206(b), with the written permission of the subject of
255	253		the records, an agency under Subsection (a)(1) may allow military
256	254		personnel, including a recruiter, of this state or the United
257	255		States to access juvenile records in the same manner authorized by
258	256		law for records to which access has not been restricted under this
259	257		section.]
260	258		(c) Subsection (b) does not apply if:
261	259		(1) the subject of the records [an order issued under
262	260		Subsection (a)(1)] is under the jurisdiction of the juvenile court
263	261		or the Texas Juvenile Justice Department; or
264	262		(2) the agency has received notice that the records
265	263		are not subject to restricted access under Section 58.211.
266	264		(d) Notwithstanding Subsection (b) and Section 58.206(b),
267	265		with the permission of the subject of the records, an agency listed
268	266		in Subsection (a) [(a)(1)] may permit the state military forces or
269	267		the United States military forces to have access to juvenile
270	268		records held by that agency. On receipt of a request from the state
271	269		military forces or the United States military forces, an agency may
272	270		provide access to juvenile records held by that agency in the same
273	271		manner authorized by law for records that have not been restricted
274	272		under Subsection (a).
275	273		SECTION 11. Section 61.0031(d), Family Code, is amended to
276	274		read as follows:
277	275		(d) The juvenile court to which the order has been
278	276		transferred shall require the parent or other eligible person to
279	277		appear before the court to notify the parent or other eligible
280	278		person of the existence and terms of the order, unless the parent or
281	279		other eligible person [permanent supervision hearing under Section
282	280		51.073(c)] has [been] waived, in writing, the right to
283	281		appear. Failure to do so renders the order unenforceable.
284	282		SECTION 12. Section 261.401, Family Code, is amended by
285	283		adding Subsection (e) to read as follows:
286	284		(e) In this section, for purposes of an investigation
287	285		conducted by the Texas Juvenile Justice Department, "child" means
288	286		an individual who is:
289	287		(1) 10 years of age or older and younger than 19 years
290	288		of age; and
291	289		(2) committed to the department under Title 3.
292	290		SECTION 13. Section 261.405, Family Code, as amended by
293	291		S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
294	292		amended by amending Subsections (a), (b), (c), and (e) to read as
295	293		follows:
296	294		(a) In this section:
297	295		(1) "Child" means a person who is:
298	296		(A) 10 years of age or older and younger than 19
299	297		years of age; and
300	298		(B) under the jurisdiction of a juvenile court.
301	299		(2) "Juvenile justice facility" means a facility
302	300		operated wholly or partly by the juvenile board, by another
303	301		governmental unit, or by a private vendor under a contract with the
304	302		juvenile board, county, or other governmental unit that serves
305	303		juveniles under juvenile court jurisdiction. The term includes:
306	304		(A) a public or private juvenile
307	305		pre-adjudication secure detention facility, including a holdover
308	306		facility;
309	307		(B) a public or private juvenile
310	308		post-adjudication secure correctional facility except for a
311	309		facility operated solely for children committed to the Texas
312	310		Juvenile Justice Department; and
313	311		(C) a public or private nonsecure [non-secure]
314	312		juvenile post-adjudication residential treatment facility that is
315	313		not licensed by the Department of Family and Protective Services or
316	314		the Department of State Health Services.
317	315		(3) [(2)] "Juvenile justice program" means a program
318	316		or department operated wholly or partly by the juvenile board or by
319	317		a private vendor under a contract with a juvenile board that serves
320	318		juveniles under juvenile court jurisdiction. The term includes:
321	319		(A) a juvenile justice alternative education
322	320		program;
323	321		(B) a non-residential program that serves
324	322		juvenile offenders under the jurisdiction of the juvenile court;
325	323		and
326	324		(C) a juvenile probation department.
327	325		(b) A report of alleged abuse, neglect, or exploitation in
328	326		any juvenile justice program or facility shall be made to the Texas
329	327		Juvenile Justice Department [Probation Commission] and a local law
330	328		enforcement agency for investigation.
331	329		(c) The Texas Juvenile Justice Department [Probation
332	330		Commission] shall conduct an investigation as provided by this
333	331		chapter if the Texas Juvenile Justice Department [commission]
334	332		receives a report of alleged abuse, neglect, or exploitation in any
335	333		juvenile justice program or facility.
336	334		(e) As soon as practicable after a child is taken into
337	335		custody or placed in a juvenile justice facility or juvenile
338	336		justice program, the facility or program shall provide the child's
339	337		parents with:
340	338		(1) information regarding the reporting of suspected
341	339		abuse, neglect, or exploitation of a child in a juvenile justice
342	340		facility or juvenile justice program to the Texas Juvenile Justice
343	341		Department [Probation Commission]; and
344	342		(2) the Texas Juvenile Justice Department's
345	343		[commission's] toll-free number for this reporting.
346	344		SECTION 14. Subchapter A, Chapter 152, Human Resources
347	345		Code, is amended by adding Section 152.0018 to read as follows:
348	346		Sec. 152.0018. COORDINATION OF SERVICES FOR JUVENILES IN
349	347		CONSERVATORSHIP. A juvenile board or local juvenile probation
350	348		department and the Department of Family and Protective Services
351	349		shall plan and coordinate services for a child who is in the
352	350		conservatorship of the Department of Family and Protective Services
353	351		and subject to proceedings under Title 3, Family Code, including
354	352		services for a child who is:
355	353		(1) released from detention under conditions provided
356	354		under Section 53.02(a), Family Code;
357	355		(2) released from detention under conditions provided
358	356		under Section 54.01(f), Family Code, after a hearing conducted
359	357		under Section 54.01, Family Code;
360	358		(3) detained as a result of a hearing conducted under
361	359		Section 54.01, Family Code;
362	360		(4) placed in a secure correctional facility,
363	361		nonsecure correctional facility, or other placement, including a
364	362		placement that qualifies for funding under Title IV-E, Social
365	363		Security Act (42 U.S.C. Section 670 et seq.), by a juvenile court as
366	364		a condition of probation under Section 54.04(d), Family Code; or
367	365		(5) placed on probation under Section 54.04, Family
368	366		Code, and released to the custody of the Department of Family and
369	367		Protective Services.
370	368		SECTION 15. Section 201.001(a)(2), Human Resources Code, is
371	369		amended to read as follows:
372	370		(2) "Child" means an individual:
373	371		(A) 10 years of age or older and younger than 19
374	372		[18] years of age who is under the jurisdiction of a juvenile court;
375	373		or
376	374		(B) 10 years of age or older and younger than 19
377	375		years of age who is committed to the department under Title 3,
378	376		Family Code.
379	377		SECTION 16. Section 58.002(b), Family Code, is repealed.
380	378		SECTION 17. Section 53.045(a), Family Code, as amended by
381	379		this Act, applies only to conduct violating a penal law that occurs
382	380		on or after the effective date of this Act. Conduct violating a
383	381		penal law that occurs before the effective date of this Act is
384	382		governed by the law in effect when the conduct occurred, and the
385	383		former law is continued in effect for that purpose. For purposes of
386	384		this section, conduct occurs before the effective date of this Act
387	385		if any element of the conduct occurs before the effective date.
388	386		SECTION 18. The changes in law made by the following
389	387		provisions of the Family Code apply to any records or files relating
390	388		to any offense committed or conduct that occurred before, on, or
391	389		after the effective date of this Act:
392	390		(1) Section 58.003(b), as amended by this Act;
393	391		(2) Section 58.0071(g), as added by this Act;
394	392		(3) Section 58.204(b), as amended by Chapters 871
395	393		(H.B. 694) and 1299 (H.B. 2862), Acts of the 83rd Legislature,
396	394		Regular Session, 2013, as reenacted and amended by this Act; and
397	395		(4) Section 58.207, as amended by this Act.
398	396		SECTION 19. To the extent of any conflict, this Act prevails
399	397		over another Act of the 84th Legislature, Regular Session, 2015,
400	398		relating to nonsubstantive additions to and corrections in enacted
401	399		codes.
402	400		SECTION 20. This Act takes effect September 1, 2015.