Texas 2015 - 84th Regular

Texas House Bill HB330 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R747 ADM-D
2	2	By: Wu H.B. No. 330
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age of criminal responsibility and to certain
8	8	substantive and procedural matters related to that age.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
11	11	SECTION 1.01. Section 51.02(2), Family Code, is amended to
12	12	read as follows:
13	13	(2) "Child" means a person who is:
14	14	(A) 10 [ten] years of age or older and under 18
15	15	[17] years of age; or
16	16	(B) 18 [seventeen] years of age or older and
17	17	under 19 [18] years of age who is alleged or found to have engaged in
18	18	delinquent conduct or conduct indicating a need for supervision as
19	19	a result of acts committed before becoming 18 [17] years of age.
20	20	SECTION 1.02. Section 8.07(b), Penal Code, is amended to
21	21	read as follows:
22	22	(b) Unless the juvenile court waives jurisdiction under
23	23	Section 54.02, Family Code, and certifies the individual for
24	24	criminal prosecution or the juvenile court has previously waived
25	25	jurisdiction under that section and certified the individual for
26	26	criminal prosecution, a person may not be prosecuted for or
27	27	convicted of any offense committed before reaching 18 [17] years of
28	28	age except an offense described by Subsections (a)(1)-(5).
29	29	SECTION 1.03. The changes in law made by this article apply
30	30	only to an offense committed or conduct violating a penal law that
31	31	occurs on or after the effective date of this Act. An offense
32	32	committed or conduct that occurs before the effective date of this
33	33	Act is governed by the law in effect on the date the offense was
34	34	committed or the conduct occurred, and the former law is continued
35	35	in effect for that purpose. For purposes of this section, an
36	36	offense was committed or conduct violating a penal law occurred
37	37	before the effective date of this Act if any element of the offense
38	38	or conduct occurred before that date.
39	39	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
40	40	SECTION 2.01. Sections 15.031(e) and (f), Penal Code, are
41	41	amended to read as follows:
42	42	(e) An offense under this section is one category lower than
43	43	the solicited offense, except that an offense under this section is
44	44	the same category as the solicited offense if it is shown on the
45	45	trial of the offense that the actor:
46	46	(1) was at the time of the offense 18 [17] years of age
47	47	or older and a member of a criminal street gang, as defined by
48	48	Section 71.01; and
49	49	(2) committed the offense with the intent to:
50	50	(A) further the criminal activities of the
51	51	criminal street gang; or
52	52	(B) avoid detection as a member of a criminal
53	53	street gang.
54	54	(f) In this section, "minor" means an individual younger
55	55	than 18 [17] years of age.
56	56	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
57	57	read as follows:
58	58	(b) A person commits an offense if:
59	59	(1) during a period that is 30 or more days in
60	60	duration, the person commits two or more acts of sexual abuse,
61	61	regardless of whether the acts of sexual abuse are committed
62	62	against one or more victims; and
63	63	(2) at the time of the commission of each of the acts
64	64	of sexual abuse, the actor is 18 [17] years of age or older and the
65	65	victim is a child younger than 14 years of age.
66	66	SECTION 2.03. Section 33.021(a)(1), Penal Code, is amended
67	67	to read as follows:
68	68	(1) "Minor" means:
69	69	(A) an individual who represents himself or
70	70	herself to be younger than 18 [17] years of age; or
71	71	(B) an individual whom the actor believes to be
72	72	younger than 18 [17] years of age.
73	73	SECTION 2.04. Section 33.021(b), Penal Code, is amended to
74	74	read as follows:
75	75	(b) A person who is 18 [17] years of age or older commits an
76	76	offense if, with the intent to arouse or gratify the sexual desire
77	77	of any person, the person, over the Internet, by electronic mail or
78	78	text message or other electronic message service or system, or
79	79	through a commercial online service, intentionally:
80	80	(1) communicates in a sexually explicit manner with a
81	81	minor; or
82	82	(2) distributes sexually explicit material to a minor.
83	83	SECTION 2.05. Section 71.022(d)(1), Penal Code, is amended
84	84	to read as follows:
85	85	(1) "Child" means an individual younger than 18 [17]
86	86	years of age.
87	87	SECTION 2.06. Section 71.028(c), Penal Code, is amended to
88	88	read as follows:
89	89	(c) Except as provided by Subsection (d), the punishment
90	90	prescribed for an offense described by Subsection (b) is increased
91	91	to the punishment prescribed for the next highest category of
92	92	offense if the actor is 18 [17] years of age or older and it is shown
93	93	beyond a reasonable doubt on the trial of the offense that the actor
94	94	committed the offense at a location that was:
95	95	(1) in, on, or within 1,000 feet of any:
96	96	(A) real property that is owned, rented, or
97	97	leased by a school or school board;
98	98	(B) premises owned, rented, or leased by an
99	99	institution of higher education;
100	100	(C) premises of a public or private youth center;
101	101	or
102	102	(D) playground;
103	103	(2) in, on, or within 300 feet of any:
104	104	(A) shopping mall;
105	105	(B) movie theater;
106	106	(C) premises of a public swimming pool; or
107	107	(D) premises of a video arcade facility; or
108	108	(3) on a school bus.
109	109	SECTION 2.07. Section 729.001(a), Transportation Code, is
110	110	amended to read as follows:
111	111	(a) A person who is younger than 18 [17] years of age commits
112	112	an offense if the person operates a motor vehicle on a public road
113	113	or highway, a street or alley in a municipality, or a public beach
114	114	in violation of any traffic law of this state, including:
115	115	(1) Chapter 502, other than Section [502.282 or]
116	116	502.412;
117	117	(2) Chapter 521, other than an offense under Section
118	118	521.457;
119	119	(3) Subtitle C, other than an offense punishable by
120	120	imprisonment or by confinement in jail under Section 550.021,
121	121	550.022, 550.024, or 550.025;
122	122	(4) Chapter 601;
123	123	(5) Chapter 621;
124	124	(6) Chapter 661; and
125	125	(7) Chapter 681.
126	126	SECTION 2.08. Section 729.002, Transportation Code, is
127	127	amended to read as follows:
128	128	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
129	129	LICENSE. (a) A person who is younger than 18 [17] years of age
130	130	commits an offense if the person operates a motor vehicle without a
131	131	driver's license authorizing the operation of a motor vehicle on a:
132	132	(1) public road or highway;
133	133	(2) street or alley in a municipality; or
134	134	(3) public beach as defined by Section 729.001.
135	135	(b) An offense under this section is punishable in the same
136	136	manner as if the person was 18 [17] years of age or older and
137	137	operated a motor vehicle without a license as described by
138	138	Subsection (a), except that an offense under this section is not
139	139	punishable by confinement or imprisonment.
140	140	SECTION 2.09. The changes in law made by this article apply
141	141	only to an offense committed on or after the effective date of this
142	142	Act. An offense committed before the effective date of this Act is
143	143	governed by the law in effect on the date the offense was committed,
144	144	and the former law is continued in effect for that purpose. For
145	145	purposes of this section, an offense was committed before the
146	146	effective date of this Act if any element of the offense occurred
147	147	before that date.
148	148	ARTICLE 3. CRIMINAL PROCEDURES
149	149	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
150	150	amended to read as follows:
151	151	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
152	152	ADULT. (a) Notwithstanding the order of a juvenile court to
153	153	detain a person under the age of 18 [17] who has been certified to
154	154	stand trial as an adult in a certified juvenile detention facility
155	155	under Section 54.02(h), Family Code, the judge of the criminal
156	156	court having jurisdiction over the person may order the person to be
157	157	transferred to an adult facility. A child who is transferred to an
158	158	adult facility must be detained under conditions meeting the
159	159	requirements of Section 51.12, Family Code.
160	160	(b) On the 18th [17th] birthday of a person described by
161	161	Subsection (a) who is detained in a certified juvenile detention
162	162	facility under Section 54.02(h), Family Code, the judge of the
163	163	criminal court having jurisdiction over the person shall order the
164	164	person to be transferred to an adult facility.
165	165	SECTION 3.02. Articles 45.0216(b) and (h), Code of Criminal
166	166	Procedure, are amended to read as follows:
167	167	(b) A person may apply to the court in which the person was
168	168	convicted to have the conviction expunged as provided by this
169	169	article on or after the person's 18th [17th] birthday if:
170	170	(1) the person was convicted of not more than one
171	171	offense described by Section 8.07(a)(4) or (5), Penal Code, while
172	172	the person was a child; or
173	173	(2) the person was convicted only once of an offense
174	174	under Section 43.261, Penal Code.
175	175	(h) Records of a person under 18 [17] years of age relating
176	176	to a complaint dismissed as provided by Article 45.051 or 45.052 may
177	177	be expunged under this article.
178	178	SECTION 3.03. Article 45.045(b), Code of Criminal
179	179	Procedure, is amended to read as follows:
180	180	(b) A capias pro fine may not be issued for an individual
181	181	convicted for an offense committed before the individual's 18th
182	182	[17th] birthday unless:
183	183	(1) the individual is 18 [17] years of age or older;
184	184	(2) the court finds that the issuance of the capias pro
185	185	fine is justified after considering:
186	186	(A) the sophistication and maturity of the
187	187	individual;
188	188	(B) the criminal record and history of the
189	189	individual; and
190	190	(C) the reasonable likelihood of bringing about
191	191	the discharge of the judgment through the use of procedures and
192	192	services currently available to the court; and
193	193	(3) the court has proceeded under Article 45.050 to
194	194	compel the individual to discharge the judgment.
195	195	SECTION 3.04. Article 45.0492(a), Code of Criminal
196	196	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
197	197	Legislature, Regular Session, 2011, is amended to read as follows:
198	198	(a) This article applies only to a defendant younger than 18
199	199	[17] years of age who is assessed a fine or costs for a Class C
200	200	misdemeanor occurring in a building or on the grounds of the primary
201	201	or secondary school at which the defendant was enrolled at the time
202	202	of the offense.
203	203	SECTION 3.05. Article 45.0492(a), Code of Criminal
204	204	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
205	205	Legislature, Regular Session, 2011, is amended to read as follows:
206	206	(a) This article applies only to a defendant younger than 18
207	207	[17] years of age who is assessed a fine or costs for a Class C
208	208	misdemeanor.
209	209	SECTION 3.06. Articles 45.050(d), (e), and (g), Code of
210	210	Criminal Procedure, are amended to read as follows:
211	211	(d) A justice or municipal court may hold a person in
212	212	contempt and impose a remedy authorized by Subsection (c)(2) if:
213	213	(1) the person was convicted for an offense committed
214	214	before the person's 18th [17th] birthday;
215	215	(2) the person failed to obey the order while the
216	216	person was 18 [17] years of age or older; and
217	217	(3) the failure to obey occurred under circumstances
218	218	that constitute contempt of court.
219	219	(e) A justice or municipal court may hold a person in
220	220	contempt and impose a remedy authorized by Subsection (c)(2) if the
221	221	person, while younger than 18 [17] years of age, engaged in conduct
222	222	in contempt of an order issued by the justice or municipal court,
223	223	but contempt proceedings could not be held before the person's 18th
224	224	[17th] birthday.
225	225	(g) A justice or municipal court may not refer a child who
226	226	violates a court order while 18 [17] years of age or older to a
227	227	juvenile court for delinquency proceedings for contempt of court.
228	228	SECTION 3.07. Article 45.057(h), Code of Criminal
229	229	Procedure, is amended to read as follows:
230	230	(h) A child and parent required to appear before the court
231	231	have an obligation to provide the court in writing with the current
232	232	address and residence of the child. The obligation does not end
233	233	when the child reaches age 18 [17]. On or before the seventh day
234	234	after the date the child or parent changes residence, the child or
235	235	parent shall notify the court of the current address in the manner
236	236	directed by the court. A violation of this subsection may result in
237	237	arrest and is a Class C misdemeanor. The obligation to provide
238	238	notice terminates on discharge and satisfaction of the judgment or
239	239	final disposition not requiring a finding of guilt.
240	240	SECTION 3.08. Article 45.058(h), Code of Criminal
241	241	Procedure, is amended to read as follows:
242	242	(h) In this article, "child" means a person who is:
243	243	(1) at least 10 years of age and younger than 18 [17]
244	244	years of age; and
245	245	(2) charged with or convicted of an offense that a
246	246	justice or municipal court has jurisdiction of under Article 4.11
247	247	or 4.14.
248	248	SECTION 3.09. Articles 45.060(a), (b), and (e), Code of
249	249	Criminal Procedure, are amended to read as follows:
250	250	(a) Except as provided by Articles 45.058 and 45.059, an
251	251	individual may not be taken into secured custody for offenses
252	252	alleged to have occurred before the individual's 18th [17th]
253	253	birthday.
254	254	(b) On or after an individual's 18th [17th] birthday, if the
255	255	court has used all available procedures under this chapter to
256	256	secure the individual's appearance to answer allegations made
257	257	before the individual's 18th [17th] birthday, the court may issue a
258	258	notice of continuing obligation to appear by personal service or by
259	259	mail to the last known address and residence of the individual. The
260	260	notice must order the individual to appear at a designated time,
261	261	place, and date to answer the allegations detailed in the notice.
262	262	(e) A notice of continuing obligation to appear issued under
263	263	this article must contain the following statement provided in
264	264	boldfaced type or capital letters:
265	265	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
266	266	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
267	267	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
268	268	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
269	269	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
270	270	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
271	271	FOR YOUR ARREST."
272	272	SECTION 3.10. Article 62.001(6), Code of Criminal
273	273	Procedure, is amended to read as follows:
274	274	(6) "Sexually violent offense" means any of the
275	275	following offenses committed by a person 18 [17] years of age or
276	276	older:
277	277	(A) an offense under Section 21.02 (Continuous
278	278	sexual abuse of young child or children), 21.11(a)(1) (Indecency
279	279	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
280	280	sexual assault), Penal Code;
281	281	(B) an offense under Section 43.25 (Sexual
282	282	performance by a child), Penal Code;
283	283	(C) an offense under Section 20.04(a)(4)
284	284	(Aggravated kidnapping), Penal Code, if the defendant committed the
285	285	offense with intent to violate or abuse the victim sexually;
286	286	(D) an offense under Section 30.02 (Burglary),
287	287	Penal Code, if the offense is punishable under Subsection (d) of
288	288	that section and the defendant committed the offense with intent to
289	289	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
290	290	or
291	291	(E) an offense under the laws of another state,
292	292	federal law, the laws of a foreign country, or the Uniform Code of
293	293	Military Justice if the offense contains elements that are
294	294	substantially similar to the elements of an offense listed under
295	295	Paragraph (A), (B), (C), or (D).
296	296	SECTION 3.11. Section 37.085, Education Code, is amended to
297	297	read as follows:
298	298	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
299	299	MISDEMEANORS. Notwithstanding any other provision of law, a
300	300	warrant may not be issued for the arrest of a person for a Class C
301	301	misdemeanor under this code committed when the person was younger
302	302	than 18 [17] years of age.
303	303	SECTION 3.12. Section 521.453(i), Transportation Code, is
304	304	amended to read as follows:
305	305	(i) If the person ordered to perform community service under
306	306	Subsection (h) is younger than 18 [17] years of age, the community
307	307	service shall be performed as if ordered by a juvenile court under
308	308	Section 54.044(a), Family Code, as a condition of probation under
309	309	Section 54.04(d), Family Code.
310	310	SECTION 3.13. (a) Except as provided by Subsection (b) of
311	311	this section, the changes in law made by this article apply only to
312	312	an offense committed on or after the effective date of this Act. An
313	313	offense committed before the effective date of this Act is governed
314	314	by the law in effect on the date the offense was committed, and the
315	315	former law is continued in effect for that purpose.
316	316	(b) Articles 45.0216(b) and (h), Code of Criminal
317	317	Procedure, as amended by this article, apply only to the expunction
318	318	of certain records related to an offense committed on or after the
319	319	effective date of this Act. The expunction of certain records
320	320	related to an offense committed before the effective date of this
321	321	Act is governed by the law in effect on the date the offense was
322	322	committed, and the former law is continued in effect for that
323	323	purpose.
324	324	(c) For purposes of this section, an offense was committed
325	325	before the effective date of this Act if any element of the offense
326	326	occurred before that date.
327	327	ARTICLE 4. JUVENILE COURT PROCEDURES
328	328	SECTION 4.01. Section 51.041, Family Code, is amended to
329	329	read as follows:
330	330	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
331	331	retains jurisdiction over a person, without regard to the age of the
332	332	person, for conduct engaged in by the person before becoming 18 [17]
333	333	years of age if, as a result of an appeal by the person or the state
334	334	under Chapter 56 or by the person under Article 44.47, Code of
335	335	Criminal Procedure, of an order of the court, the order is reversed
336	336	or modified and the case remanded to the court by the appellate
337	337	court.
338	338	(b) If the respondent is at least 19 [18] years of age when
339	339	the order of remand from the appellate court is received by the
340	340	juvenile court, the juvenile court shall proceed as provided by
341	341	Sections 54.02(o)-(r) for the detention of a person at least 18
342	342	years of age in discretionary transfer proceedings. Pending
343	343	retrial of the adjudication or transfer proceeding, the juvenile
344	344	court may:
345	345	(1) order the respondent released from custody;
346	346	(2) order the respondent detained in a juvenile
347	347	detention facility; or
348	348	(3) set bond and order the respondent detained in a
349	349	county adult facility if bond is not made.
350	350	SECTION 4.02. Section 51.0412, Family Code, is amended to
351	351	read as follows:
352	352	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
353	353	The court retains jurisdiction over a person, without regard to the
354	354	age of the person, who is a respondent in an adjudication
355	355	proceeding, a disposition proceeding, a proceeding to modify
356	356	disposition, a proceeding for waiver of jurisdiction and transfer
357	357	to criminal court under Section 54.02(a), or a motion for transfer
358	358	of determinate sentence probation to an appropriate district court
359	359	if:
360	360	(1) the petition or motion was filed while the
361	361	respondent was younger than 19 or 20 [18 or 19] years of age, as
362	362	applicable;
363	363	(2) the proceeding is not complete before the
364	364	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
365	365	and
366	366	(3) the court enters a finding in the proceeding that
367	367	the prosecuting attorney exercised due diligence in an attempt to
368	368	complete the proceeding before the respondent became 19 or 20 [18 or
369	369	19] years of age, as applicable.
370	370	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
371	371	amended to read as follows:
372	372	(f) A child detained in a building that contains a jail,
373	373	lockup, or other place of secure confinement, including an alcohol
374	374	or other drug treatment facility, shall be separated by sight and
375	375	sound from adults detained in the same building. Children and
376	376	adults are separated by sight and sound only if they are unable to
377	377	see each other and conversation between them is not possible. The
378	378	separation must extend to all areas of the facility, including
379	379	sally ports and passageways, and those areas used for admission,
380	380	counseling, sleeping, toileting, showering, dining, recreational,
381	381	educational, or vocational activities, and health care. The
382	382	separation may be accomplished through architectural design. A
383	383	person who has been transferred for prosecution in criminal court
384	384	under Section 54.02 and is under 18 [17] years of age is considered
385	385	a child for the purposes of this subsection.
386	386	(h) This section does not apply to a person:
387	387	(1) who has been transferred to criminal court for
388	388	prosecution under Section 54.02 and is at least 18 [17] years of
389	389	age; or
390	390	(2) who is at least 18 [17] years of age and who has
391	391	been taken into custody after having:
392	392	(A) escaped from a juvenile facility operated by
393	393	or under contract with the Texas Juvenile Justice Department [Youth
394	394	Commission]; or
395	395	(B) violated a condition of release under
396	396	supervision of the Texas Juvenile Justice Department [Youth
397	397	Commission].
398	398	SECTION 4.04. Section 54.02(j), Family Code, is amended to
399	399	read as follows:
400	400	(j) The juvenile court may waive its exclusive original
401	401	jurisdiction and transfer a person to the appropriate district
402	402	court or criminal district court for criminal proceedings if:
403	403	(1) the person is 19 [18] years of age or older;
404	404	(2) the person was:
405	405	(A) 10 years of age or older and under 18 [17]
406	406	years of age at the time the person is alleged to have committed a
407	407	capital felony or an offense under Section 19.02, Penal Code;
408	408	(B) 14 years of age or older and under 18 [17]
409	409	years of age at the time the person is alleged to have committed an
410	410	aggravated controlled substance felony or a felony of the first
411	411	degree other than an offense under Section 19.02, Penal Code; or
412	412	(C) 15 years of age or older and under 18 [17]
413	413	years of age at the time the person is alleged to have committed a
414	414	felony of the second or third degree or a state jail felony;
415	415	(3) no adjudication concerning the alleged offense has
416	416	been made or no adjudication hearing concerning the offense has
417	417	been conducted;
418	418	(4) the juvenile court finds from a preponderance of
419	419	the evidence that:
420	420	(A) for a reason beyond the control of the state
421	421	it was not practicable to proceed in juvenile court before the 19th
422	422	[18th] birthday of the person; or
423	423	(B) after due diligence of the state it was not
424	424	practicable to proceed in juvenile court before the 19th [18th]
425	425	birthday of the person because:
426	426	(i) the state did not have probable cause to
427	427	proceed in juvenile court and new evidence has been found since the
428	428	19th [18th] birthday of the person;
429	429	(ii) the person could not be found; or
430	430	(iii) a previous transfer order was
431	431	reversed by an appellate court or set aside by a district court; and
432	432	(5) the juvenile court determines that there is
433	433	probable cause to believe that the child before the court committed
434	434	the offense alleged.
435	435	SECTION 4.05. Section 54.0326(b), Family Code, is amended
436	436	to read as follows:
437	437	(b) A juvenile court may defer adjudication proceedings
438	438	under Section 54.03 until the child's 19th [18th] birthday and
439	439	require a child to participate in a program established under
440	440	Section 152.0016, Human Resources Code, if the child:
441	441	(1) is alleged to have engaged in delinquent conduct
442	442	or conduct indicating a need for supervision and may be a victim of
443	443	conduct that constitutes an offense under Section 20A.02, Penal
444	444	Code; and
445	445	(2) presents to the court an oral or written request to
446	446	participate in the program.
447	447	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
448	448	are amended to read as follows:
449	449	(e) The Texas Juvenile Justice Department [Youth
450	450	Commission] shall accept a person properly committed to it by a
451	451	juvenile court even though the person may be 18 [17] years of age or
452	452	older at the time of commitment.
453	453	(l) Except as provided by Subsection (q), a court or jury
454	454	may place a child on probation under Subsection (d)(1) for any
455	455	period, except that probation may not continue on or after the
456	456	child's 19th [18th] birthday. Except as provided by Subsection
457	457	(q), the court may, before the period of probation ends, extend the
458	458	probation for any period, except that the probation may not extend
459	459	to or after the child's 19th [18th] birthday.
460	460	(q) If a court or jury sentences a child to commitment in the
461	461	Texas Juvenile Justice Department or a post-adjudication secure
462	462	correctional facility under Subsection (d)(3) for a term of not
463	463	more than 10 years, the court or jury may place the child on
464	464	probation under Subsection (d)(1) as an alternative to making the
465	465	disposition under Subsection (d)(3). The court shall prescribe
466	466	the period of probation ordered under this subsection for a term of
467	467	not more than 10 years. The court may, before the sentence of
468	468	probation expires, extend the probationary period under Section
469	469	54.05, except that the sentence of probation and any extension may
470	470	not exceed 10 years. The court may, before the child's 20th [19th]
471	471	birthday, discharge the child from the sentence of probation. If a
472	472	sentence of probation ordered under this subsection and any
473	473	extension of probation ordered under Section 54.05 will continue
474	474	after the child's 20th [19th] birthday, the court shall discharge
475	475	the child from the sentence of probation on the child's 20th [19th]
476	476	birthday unless the court transfers the child to an appropriate
477	477	district court under Section 54.051.
478	478	SECTION 4.07. Section 54.0405(i), Family Code, is amended
479	479	to read as follows:
480	480	(i) A court that requires as a condition of probation that a
481	481	child attend psychological counseling under Subsection (a) may,
482	482	before the date the probation period ends, extend the probation for
483	483	any additional period necessary to complete the required counseling
484	484	as determined by the treatment provider, except that the probation
485	485	may not be extended to a date after the date of the child's 19th
486	486	[18th] birthday, or 20th [19th] birthday if the child is placed on
487	487	determinate sentence probation under Section 54.04(q).
488	488	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
489	489	amended to read as follows:
490	490	(b) If a child is found to have engaged in delinquent
491	491	conduct or conduct indicating a need for supervision arising from
492	492	the commission of an offense in which property damage or loss or
493	493	personal injury occurred, the juvenile court, on notice to all
494	494	persons affected and on hearing, may order the child or a parent to
495	495	make full or partial restitution to the victim of the offense. The
496	496	program of restitution must promote the rehabilitation of the
497	497	child, be appropriate to the age and physical, emotional, and
498	498	mental abilities of the child, and not conflict with the child's
499	499	schooling. When practicable and subject to court supervision, the
500	500	court may approve a restitution program based on a settlement
501	501	between the child and the victim of the offense. An order under
502	502	this subsection may provide for periodic payments by the child or a
503	503	parent of the child for the period specified in the order but except
504	504	as provided by Subsection (h), that period may not extend past the
505	505	date of the 19th [18th] birthday of the child or past the date the
506	506	child is no longer enrolled in an accredited secondary school in a
507	507	program leading toward a high school diploma, whichever date is
508	508	later.
509	509	(h) If the juvenile court places the child on probation in a
510	510	determinate sentence proceeding initiated under Section 53.045 and
511	511	transfers supervision on the child's 20th [19th] birthday to a
512	512	district court for placement on community supervision, the district
513	513	court shall require the payment of any unpaid restitution as a
514	514	condition of the community supervision. The liability of the
515	515	child's parent for restitution may not be extended by transfer to a
516	516	district court for supervision.
517	517	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
518	518	amended to read as follows:
519	519	(a) Except as provided by Subsection (a-1), any
520	520	disposition, except a commitment to the Texas Juvenile Justice
521	521	Department [Youth Commission], may be modified by the juvenile
522	522	court as provided in this section until:
523	523	(1) the child reaches:
524	524	(A) the child's 19th [18th] birthday; or
525	525	(B) the child's 20th [19th] birthday, if the
526	526	child was placed on determinate sentence probation under Section
527	527	54.04(q); or
528	528	(2) the child is earlier discharged by the court or
529	529	operation of law.
530	530	(b) Except for a commitment to the Texas Juvenile Justice
531	531	Department or to a post-adjudication secure correctional facility
532	532	under Section 54.04011, a disposition under Section 54.0402, or a
533	533	placement on determinate sentence probation under Section
534	534	54.04(q), all dispositions automatically terminate when the child
535	535	reaches the child's 19th [18th] birthday.
536	536	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
537	537	(i), Family Code, are amended to read as follows:
538	538	(a) On motion of the state concerning a child who is placed
539	539	on probation under Section 54.04(q) for a period, including any
540	540	extension ordered under Section 54.05, that will continue after the
541	541	child's 20th [19th] birthday, the juvenile court shall hold a
542	542	hearing to determine whether to transfer the child to an
543	543	appropriate district court or discharge the child from the sentence
544	544	of probation.
545	545	(b) The hearing must be conducted before the person's 20th
546	546	[19th] birthday[, or before the person's 18th birthday if the
547	547	offense for which the person was placed on probation occurred
548	548	before September 1, 2011,] and must be conducted in the same manner
549	549	as a hearing to modify disposition under Section 54.05.
550	550	(c) If, after a hearing, the court determines to discharge
551	551	the child, the court shall specify a date on or before the child's
552	552	20th [19th] birthday to discharge the child from the sentence of
553	553	probation.
554	554	(d) If, after a hearing, the court determines to transfer
555	555	the child, the court shall transfer the child to an appropriate
556	556	district court on the child's 20th [19th] birthday.
557	557	(e-2) If a person who is placed on community supervision
558	558	under this section violates a condition of that supervision or if
559	559	the person violated a condition of probation ordered under Section
560	560	54.04(q) and that probation violation was not discovered by the
561	561	state before the person's 20th [19th] birthday, the district court
562	562	shall dispose of the violation of community supervision or
563	563	probation, as appropriate, in the same manner as if the court had
564	564	originally exercised jurisdiction over the case. If the judge
565	565	revokes community supervision, the judge may reduce the prison
566	566	sentence to any length without regard to the minimum term imposed by
567	567	Section 23(a), Article 42.12, Code of Criminal Procedure.
568	568	(i) If the juvenile court exercises jurisdiction over a
569	569	person who is 19 or 20 [18 or 19] years of age or older, as
570	570	applicable, under Section 51.041 or 51.0412, the court or jury may,
571	571	if the person is otherwise eligible, place the person on probation
572	572	under Section 54.04(q). The juvenile court shall set the
573	573	conditions of probation and immediately transfer supervision of the
574	574	person to the appropriate court exercising criminal jurisdiction
575	575	under Subsection (e).
576	576	SECTION 4.11. Section 54.11(l), Family Code, is amended to
577	577	read as follows:
578	578	(l) Pending the conclusion of a transfer hearing, the
579	579	juvenile court shall order that the person who is referred for
580	580	transfer be detained in a certified juvenile detention facility as
581	581	provided by Subsection (m). If the person is at least 18 [17] years
582	582	of age, the juvenile court may order that the person be detained
583	583	without bond in an appropriate county facility for the detention of
584	584	adults accused of criminal offenses.
585	585	SECTION 4.12. Section 55.15, Family Code, is amended to
586	586	read as follows:
587	587	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
588	588	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
589	589	which the child's case is referred under Section 55.12(2) orders
590	590	mental health services for the child, the child shall be cared for,
591	591	treated, and released in conformity to Subtitle C, Title 7, Health
592	592	and Safety Code, except:
593	593	(1) a court order for mental health services for a
594	594	child automatically expires on the 120th day after the date the
595	595	child becomes 19 [18] years of age; and
596	596	(2) the administrator of a mental health facility
597	597	shall notify, in writing, by certified mail, return receipt
598	598	requested, the juvenile court that ordered mental health services
599	599	or the juvenile court that referred the case to a court that ordered
600	600	the mental health services of the intent to discharge the child at
601	601	least 10 days prior to discharge.
602	602	SECTION 4.13. Section 55.18, Family Code, is amended to
603	603	read as follows:
604	604	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
605	605	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
606	606	mental health facility before reaching 19 [18] years of age, the
607	607	juvenile court may:
608	608	(1) dismiss the juvenile court proceedings with
609	609	prejudice; or
610	610	(2) continue with proceedings under this title as
611	611	though no order of mental health services had been made.
612	612	SECTION 4.14. The heading to Section 55.19, Family Code, is
613	613	amended to read as follows:
614	614	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
615	615	BIRTHDAY.
616	616	SECTION 4.15. Section 55.19(a), Family Code, is amended to
617	617	read as follows:
618	618	(a) The juvenile court shall transfer all pending
619	619	proceedings from the juvenile court to a criminal court on the 19th
620	620	[18th] birthday of a child for whom the juvenile court or a court to
621	621	which the child's case is referred under Section 55.12(2) has
622	622	ordered inpatient mental health services if:
623	623	(1) the child is not discharged or furloughed from the
624	624	inpatient mental health facility before reaching 19 [18] years of
625	625	age; and
626	626	(2) the child is alleged to have engaged in delinquent
627	627	conduct that included a violation of a penal law listed in Section
628	628	53.045 and no adjudication concerning the alleged conduct has been
629	629	made.
630	630	SECTION 4.16. Section 55.43(a), Family Code, is amended to
631	631	read as follows:
632	632	(a) The prosecuting attorney may file with the juvenile
633	633	court a motion for a restoration hearing concerning a child if:
634	634	(1) the child is found unfit to proceed as a result of
635	635	mental illness or intellectual disability [mental retardation];
636	636	and
637	637	(2) the child:
638	638	(A) is not:
639	639	(i) ordered by a court to receive inpatient
640	640	mental health services;
641	641	(ii) committed by a court to a residential
642	642	care facility; or
643	643	(iii) ordered by a court to receive
644	644	treatment on an outpatient basis; or
645	645	(B) is discharged or currently on furlough from a
646	646	mental health facility or outpatient center before the child
647	647	reaches 19 [18] years of age.
648	648	SECTION 4.17. The heading to Section 55.44, Family Code, is
649	649	amended to read as follows:
650	650	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
651	651	BIRTHDAY OF CHILD.
652	652	SECTION 4.18. Section 55.44(a), Family Code, is amended to
653	653	read as follows:
654	654	(a) The juvenile court shall transfer all pending
655	655	proceedings from the juvenile court to a criminal court on the 19th
656	656	[18th] birthday of a child for whom the juvenile court or a court to
657	657	which the child's case is referred has ordered inpatient mental
658	658	health services or residential care for persons with intellectual
659	659	disabilities [mental retardation] if:
660	660	(1) the child is not discharged or currently on
661	661	furlough from the facility before reaching 19 [18] years of age; and
662	662	(2) the child is alleged to have engaged in delinquent
663	663	conduct that included a violation of a penal law listed in Section
664	664	53.045 and no adjudication concerning the alleged conduct has been
665	665	made.
666	666	SECTION 4.19. Section 56.01(c), Family Code, is amended to
667	667	read as follows:
668	668	(c) An appeal may be taken:
669	669	(1) except as provided by Subsection (n), by or on
670	670	behalf of a child from an order entered under:
671	671	(A) Section 54.02 respecting transfer of the
672	672	child to a district court or criminal court for prosecution as an
673	673	adult;
674	674	(B) Section 54.03 with regard to delinquent
675	675	conduct or conduct indicating a need for supervision;
676	676	(C) [(B)] Section 54.04 disposing of the case;
677	677	(D) [(C)] Section 54.05 respecting modification
678	678	of a previous juvenile court disposition; or
679	679	(E) [(D)] Chapter 55 by a juvenile court
680	680	committing a child to a facility for the mentally ill or
681	681	intellectually disabled [mentally retarded]; or
682	682	(2) by a person from an order entered under Section
683	683	54.11(i)(2) transferring the person to the custody of the Texas
684	684	Department of Criminal Justice.
685	685	SECTION 4.20. The heading to Section 56.03, Family Code, is
686	686	amended to read as follows:
687	687	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
688	688	FOR DETERMINATE SENTENCE].
689	689	SECTION 4.21. Section 56.03(b), Family Code, is amended to
690	690	read as follows:
691	691	(b) The state is entitled to appeal an order of a court:
692	692	(1) in a juvenile case in which the grand jury has
693	693	approved of the petition under Section 53.045 if the order:
694	694	(A) [(1)] dismisses a petition or any portion of
695	695	a petition;
696	696	(B) [(2)] arrests or modifies a judgment;
697	697	(C) [(3)] grants a new trial;
698	698	(D) [(4)] sustains a claim of former jeopardy; or
699	699	(E) [(5)] grants a motion to suppress evidence, a
700	700	confession, or an admission and if:
701	701	(i) [(A)] jeopardy has not attached in the
702	702	case;
703	703	(ii) [(B)] the prosecuting attorney
704	704	certifies to the trial court that the appeal is not taken for the
705	705	purpose of delay; and
706	706	(iii) [(C)] the evidence, confession, or
707	707	admission is of substantial importance in the case; or
708	708	(2) if the order denies the transfer of the child under
709	709	Section 54.02 to criminal court for prosecution as an adult.
710	710	SECTION 4.22. Sections 58.003(c), (c-2), (c-4), (c-6), and
711	711	(c-8), Family Code, are amended to read as follows:
712	712	(c) Subject to Subsection (b), a court may order the sealing
713	713	of records concerning a person adjudicated as having engaged in
714	714	delinquent conduct that violated a penal law of the grade of felony
715	715	only if:
716	716	(1) the person is 20 [19] years of age or older;
717	717	(2) the person was not transferred by a juvenile court
718	718	under Section 54.02 to a criminal court for prosecution;
719	719	(3) the records have not been used as evidence in the
720	720	punishment phase of a criminal proceeding under Section 3(a),
721	721	Article 37.07, Code of Criminal Procedure; and
722	722	(4) the person has not been convicted of a penal law of
723	723	the grade of felony after becoming age 18 [17].
724	724	(c-2) If the court orders the sealing of a child's records
725	725	under Subsection (c-1), a prosecuting attorney or juvenile
726	726	probation department may maintain until the child's 18th [17th]
727	727	birthday a separate record of the child's name and date of birth and
728	728	the date the child successfully completed the drug court
729	729	program. The prosecuting attorney or juvenile probation
730	730	department, as applicable, shall send the record to the court as
731	731	soon as practicable after the child's 18th [17th] birthday to be
732	732	added to the child's other sealed records.
733	733	(c-4) A prosecuting attorney or juvenile probation
734	734	department may maintain until a child's 18th [17th] birthday a
735	735	separate record of the child's name and date of birth and the date
736	736	on which the child's records are sealed, if the child's records are
737	737	sealed under Subsection (c-3). The prosecuting attorney or
738	738	juvenile probation department, as applicable, shall send the record
739	739	to the court as soon as practicable after the child's 18th [17th]
740	740	birthday to be added to the child's other sealed records.
741	741	(c-6) A prosecuting attorney or juvenile probation
742	742	department may maintain until a child's 18th [17th] birthday a
743	743	separate record of the child's name and date of birth and the date
744	744	on which the child successfully completed the educational program,
745	745	if the child's records are sealed under Subsection (c-5). The
746	746	prosecuting attorney or juvenile probation department, as
747	747	applicable, shall send the record to the court as soon as
748	748	practicable after the child's 18th [17th] birthday to be added to
749	749	the child's other sealed records.
750	750	(c-8) If the court orders the sealing of a child's records
751	751	under Subsection (c-7), a prosecuting attorney or juvenile
752	752	probation department may maintain until the child's 19th [18th]
753	753	birthday a separate record of the child's name and date of birth and
754	754	the date the child successfully completed the trafficked persons
755	755	program. The prosecuting attorney or juvenile probation
756	756	department, as applicable, shall send the record to the court as
757	757	soon as practicable after the child's 19th [18th] birthday to be
758	758	added to the child's other sealed records.
759	759	SECTION 4.23. Section 58.0052(a)(2), Family Code, is
760	760	amended to read as follows:
761	761	(2) "Multi-system youth" means a person who:
762	762	(A) is younger than 20 [19] years of age; and
763	763	(B) has received services from two or more
764	764	juvenile service providers.
765	765	SECTION 4.24. Section 58.0071(d), Family Code, is amended
766	766	to read as follows:
767	767	(d) The physical records and files of a juvenile case may
768	768	only be destroyed if the child who is the respondent in the case:
769	769	(1) is at least 19 [18] years of age and:
770	770	(A) the most serious allegation adjudicated was
771	771	conduct indicating a need for supervision;
772	772	(B) the most serious allegation was conduct
773	773	indicating a need for supervision and there was not an
774	774	adjudication; or
775	775	(C) the referral or information did not relate to
776	776	conduct indicating a need for supervision or delinquent conduct and
777	777	the juvenile court or the court's staff did not take action on the
778	778	referral or information for that reason;
779	779	(2) is at least 21 years of age and:
780	780	(A) the most serious allegation adjudicated was
781	781	delinquent conduct that violated a penal law of the grade of
782	782	misdemeanor; or
783	783	(B) the most serious allegation was delinquent
784	784	conduct that violated a penal law of the grade of misdemeanor or
785	785	felony and there was not an adjudication; or
786	786	(3) is at least 31 years of age and the most serious
787	787	allegation adjudicated was delinquent conduct that violated a penal
788	788	law of the grade of felony.
789	789	SECTION 4.25. Section 58.203(a), Family Code, is amended to
790	790	read as follows:
791	791	(a) The department shall certify to the juvenile probation
792	792	department to which a referral was made that resulted in
793	793	information being submitted to the juvenile justice information
794	794	system that the records relating to a person's juvenile case are
795	795	subject to automatic restriction of access if:
796	796	(1) the person is at least 18 [17] years of age;
797	797	(2) the juvenile case did not include conduct
798	798	resulting in determinate sentence proceedings in the juvenile court
799	799	under Section 53.045; and
800	800	(3) the juvenile case was not certified for trial in
801	801	criminal court under Section 54.02.
802	802	SECTION 4.26. Section 58.208, Family Code, is amended to
803	803	read as follows:
804	804	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
805	805	final discharge of a child from the juvenile system or on the last
806	806	official action in the case, if there is no adjudication, the
807	807	appropriate juvenile justice official shall provide to the child:
808	808	(1) a written explanation of how automatic restricted
809	809	access under this subchapter works;
810	810	(2) a copy of this subchapter; and
811	811	(3) a statement that if the child wishes to receive
812	812	notification of an action restricting access to the child's records
813	813	under Section 58.207(a), the child must before the child's 18th
814	814	[17th] birthday provide the juvenile probation department with a
815	815	current address where the child can receive notification.
816	816	SECTION 4.27. Section 58.209(a), Family Code, is amended to
817	817	read as follows:
818	818	(a) When a child is placed on probation for an offense that
819	819	may be eligible for automatic restricted access at age 18 [17] or
820	820	when a child is received by the Texas Juvenile Justice Department on
821	821	an indeterminate commitment, a probation officer or an official at
822	822	the Texas Juvenile Justice Department reception center, as soon as
823	823	practicable, shall explain the substance of the following
824	824	information to the child:
825	825	(1) if the child was adjudicated as having committed
826	826	delinquent conduct for a felony or jailable misdemeanor, that the
827	827	child probably has a juvenile record with the department and the
828	828	Federal Bureau of Investigation;
829	829	(2) that the child's juvenile record is a permanent
830	830	record that is not destroyed or erased unless the record is eligible
831	831	for sealing and the child or the child's family hires a lawyer and
832	832	files a petition in court to have the record sealed;
833	833	(3) that the child's juvenile record, other than
834	834	treatment records made confidential by law, can be accessed by
835	835	police, sheriff's officers, prosecutors, probation officers,
836	836	correctional officers, and other criminal and juvenile justice
837	837	officials in this state and elsewhere;
838	838	(4) that the child's juvenile record, other than
839	839	treatment records made confidential by law, can be accessed by
840	840	employers, educational institutions, licensing agencies, and other
841	841	organizations when the child applies for employment or educational
842	842	programs;
843	843	(5) if the child's juvenile record is placed on
844	844	restricted access when the child becomes 18 [17] years of age, that
845	845	access will be denied to employers, educational institutions, and
846	846	others except for criminal justice agencies;
847	847	(6) that restricted access does not require any action
848	848	by the child or the child's family, including the filing of a
849	849	petition or hiring of a lawyer, but occurs automatically at age 18
850	850	[17]; and
851	851	(7) that if the child is under the jurisdiction of the
852	852	juvenile court or the Texas Juvenile Justice Department on or after
853	853	the child's 18th [17th] birthday, the law regarding restricted
854	854	access will not apply until the person is discharged from the
855	855	jurisdiction of the court or department, as appropriate.
856	856	SECTION 4.28. Section 58.211(a), Family Code, is amended to
857	857	read as follows:
858	858	(a) If the department has notified a juvenile probation
859	859	department that a record has been placed on restricted access and
860	860	the department later receives information in the department's
861	861	criminal history system that the subject of the records has been
862	862	convicted of or placed on deferred adjudication for a felony or a
863	863	misdemeanor punishable by confinement in jail for an offense
864	864	committed after the person reached the age of 18 [17], the person's
865	865	juvenile records are no longer subject to restricted access. The
866	866	department shall notify the appropriate local juvenile probation
867	867	departments in the manner described by Section 58.203 that the
868	868	person's records are no longer subject to restricted access.
869	869	SECTION 4.29. Section 59.005(b), Family Code, is amended to
870	870	read as follows:
871	871	(b) The juvenile court or the probation department shall
872	872	discharge the child from the custody of the probation department on
873	873	the date the provisions of this section are met or on the child's
874	874	19th [18th] birthday, whichever is earlier.
875	875	SECTION 4.30. Section 59.006(b), Family Code, is amended to
876	876	read as follows:
877	877	(b) The juvenile court shall discharge the child from the
878	878	custody of the probation department on the date the provisions of
879	879	this section are met or on the child's 19th [18th] birthday,
880	880	whichever is earlier.
881	881	SECTION 4.31. Section 59.007(b), Family Code, is amended to
882	882	read as follows:
883	883	(b) The juvenile court shall discharge the child from the
884	884	custody of the probation department on the date the provisions of
885	885	this section are met or on the child's 19th [18th] birthday,
886	886	whichever is earlier.
887	887	SECTION 4.32. Section 59.008(b), Family Code, is amended to
888	888	read as follows:
889	889	(b) The juvenile court shall discharge the child from the
890	890	custody of the probation department on the date the provisions of
891	891	this section are met or on the child's 19th [18th] birthday,
892	892	whichever is earlier.
893	893	SECTION 4.33. Section 59.009(c), Family Code, is amended to
894	894	read as follows:
895	895	(c) The Texas Juvenile Justice Department, juvenile board,
896	896	or local juvenile probation department may discharge the child from
897	897	the custody of the department, board, or probation department, as
898	898	applicable, on the date the provisions of this section are met or on
899	899	the child's 20th [19th] birthday, whichever is earlier.
900	900	SECTION 4.34. Section 61.051(c), Family Code, is amended to
901	901	read as follows:
902	902	(c) The juvenile court retains jurisdiction to enter a
903	903	contempt order if the motion for enforcement is filed not later than
904	904	six months after the child's 19th [18th] birthday.
905	905	SECTION 4.35. Section 614.019(b), Health and Safety Code,
906	906	is amended to read as follows:
907	907	(b) A child with mental illness who is receiving continuity
908	908	of care services during parole from the Texas Juvenile Justice
909	909	Department [Youth Commission] and who is no longer eligible to
910	910	receive services from a local mental health authority when the
911	911	child becomes 18 [17] years of age because the child does not meet
912	912	the requirements of a local service area plan under Section
913	913	533.0352(a) may continue to receive continuity of care services
914	914	from the office until the child completes the child's parole.
915	915	SECTION 4.36. Section 63.001(1), Human Resources Code, is
916	916	amended to read as follows:
917	917	(1) "Juvenile" means a person from the age of 10 to 19
918	918	[18] years who has been found to have engaged in delinquent conduct
919	919	by a court of competent jurisdiction.
920	920	SECTION 4.37. Section 152.0015, Human Resources Code, is
921	921	amended to read as follows:
922	922	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
923	923	JUVENILES. A juvenile board shall establish a policy that
924	924	specifies whether a person who has been transferred for criminal
925	925	prosecution under Section 54.02, Family Code, and is younger than
926	926	18 [17] years of age may be detained in a juvenile facility pending
927	927	trial as provided by Section 51.12, Family Code.
928	928	SECTION 4.38. Sections 152.0016(e) and (j), Human Resources
929	929	Code, as added by Chapter 1323 (S.B. 511), Acts of the 83rd
930	930	Legislature, Regular Session, 2013, are amended to read as follows:
931	931	(e) A juvenile board or a local juvenile probation
932	932	department shall accept a person properly committed to it by a
933	933	juvenile court under Section 54.04011, Family Code, in the same
934	934	manner in which the Texas Juvenile Justice Department accepts a
935	935	person under Section 54.04(e), Family Code, even though the person
936	936	may be 18 [17] years of age or older at the time of the commitment.
937	937	(j) After a child committed to a post-adjudication secure
938	938	correctional facility with a determinate sentence under Section
939	939	54.04011(c)(2), Family Code, becomes 17 [16] years of age but
940	940	before the child becomes 20 [19] years of age, the juvenile board or
941	941	local juvenile probation department operating or contracting for
942	942	the operation of the facility may refer the child to the juvenile
943	943	court that entered the order of commitment for approval of the
944	944	child's transfer to the Texas Department of Criminal Justice for
945	945	confinement if the child has not completed the sentence and:
946	946	(1) the child's conduct, regardless of whether the
947	947	child was released under supervision through a program established
948	948	by the board or department, indicates that the welfare of the
949	949	community requires the transfer; or
950	950	(2) while the child was released under supervision:
951	951	(A) a juvenile court adjudicated the child as
952	952	having engaged in delinquent conduct constituting a felony offense;
953	953	(B) a criminal court convicted the child of a
954	954	felony offense; or
955	955	(C) the child's release under supervision was
956	956	revoked.
957	957	SECTION 4.39. Section 201.001(a)(2), Human Resources Code,
958	958	is amended to read as follows:
959	959	(2) "Child" means an individual:
960	960	(A) 10 years of age or older and younger than 19
961	961	[18] years of age who is under the jurisdiction of a juvenile court;
962	962	or
963	963	(B) 10 years of age or older and younger than 20
964	964	[19] years of age who is committed to the department under Title 3,
965	965	Family Code.
966	966	SECTION 4.40. Section 243.001(a), Human Resources Code, is
967	967	amended to read as follows:
968	968	(a) The department may not assign a child younger than 15
969	969	years of age to the same correctional facility dormitory as a person
970	970	who is at least 18 [17] years of age unless the department
971	971	determines that the placement is necessary to ensure the safety of
972	972	children in the custody of the department. This subsection does
973	973	not apply to a dormitory that is used exclusively for short-term
974	974	assessment and orientation purposes.
975	975	SECTION 4.41. Section 243.051(b), Human Resources Code, is
976	976	amended to read as follows:
977	977	(b) A child who is arrested or taken into custody under
978	978	Subsection (a) may be detained in any suitable place, including an
979	979	adult jail facility if the person is 18 [17] years of age or older,
980	980	until the child is returned to the custody of the department or
981	981	transported to a department facility.
982	982	SECTION 4.42. Section 244.015, Human Resources Code, is
983	983	amended to read as follows:
984	984	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
985	985	DETERMINATE SENTENCES. (a) When a child who is sentenced to
986	986	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
987	987	Family Code, becomes 19 [18] years of age, the department shall
988	988	evaluate whether the child is in need of additional services that
989	989	can be completed in the six-month period after the child's 19th
990	990	[18th] birthday to prepare the child for release from the custody of
991	991	the department or transfer to the Texas Department of Criminal
992	992	Justice.
993	993	(b) This section does not apply to a child who is released
994	994	from the custody of the department or who is transferred to the
995	995	Texas Department of Criminal Justice before the child's 19th [18th]
996	996	birthday.
997	997	SECTION 4.43. Section 245.053(i), Human Resources Code, is
998	998	amended to read as follows:
999	999	(i) If the department requires as a condition of release
1000	1000	that a child attend psychological counseling under Subsection (a),
1001	1001	the department may, before the date the period of release ends,
1002	1002	petition the appropriate court to request the court to extend the
1003	1003	period of release for an additional period necessary to complete
1004	1004	the required counseling as determined by the treatment provider,
1005	1005	except that the release period may not be extended to a date after
1006	1006	the date of the child's 19th [18th] birthday.
1007	1007	SECTION 4.44. (a) Except as provided by Subsection (b) or
1008	1008	(c) of this section, the changes in law made by this article apply
1009	1009	only to procedures relating to conduct violating a penal law that
1010	1010	occurs on or after the effective date of this Act. Procedures
1011	1011	relating to conduct that occurred before the effective date of this
1012	1012	Act are governed by the law in effect on the date the conduct
1013	1013	occurred, and the former law is continued in effect for that
1014	1014	purpose.
1015	1015	(b) If the conduct violating a penal law for which a person
1016	1016	was placed on probation occurred before September 1, 2011, the
1017	1017	hearing required by Section 54.051, Family Code, must be conducted
1018	1018	before the person's 18th birthday and is governed by the law in
1019	1019	effect on the date the conduct occurred, and the former law is
1020	1020	continued in effect for that purpose.
1021	1021	(c) The change in law made by this article to Section
1022	1022	58.0052, Family Code, applies to the sharing of information on or
1023	1023	after the effective date of this Act, without regard to whether the
1024	1024	information was compiled before, on, or after that date.
1025	1025	(d) For purposes of this section, conduct violating a penal
1026	1026	law occurred before a certain date if any element of the conduct
1027	1027	occurred before that date.
1028	1028	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1029	1029	RESPONSIBILITY
1030	1030	SECTION 5.01. Section 79.001(10), Government Code, is
1031	1031	amended to read as follows:
1032	1032	(10) "Juvenile offense" means conduct committed by a
1033	1033	person while younger than 18 [17] years of age that constitutes:
1034	1034	(A) a misdemeanor punishable by confinement; or
1035	1035	(B) a felony.
1036	1036	SECTION 5.02. Section 511.009(a), Government Code, is
1037	1037	amended to read as follows:
1038	1038	(a) The commission shall:
1039	1039	(1) adopt reasonable rules and procedures
1040	1040	establishing minimum standards for the construction, equipment,
1041	1041	maintenance, and operation of county jails;
1042	1042	(2) adopt reasonable rules and procedures
1043	1043	establishing minimum standards for the custody, care, and treatment
1044	1044	of prisoners;
1045	1045	(3) adopt reasonable rules establishing minimum
1046	1046	standards for the number of jail supervisory personnel and for
1047	1047	programs and services to meet the needs of prisoners;
1048	1048	(4) adopt reasonable rules and procedures
1049	1049	establishing minimum requirements for programs of rehabilitation,
1050	1050	education, and recreation in county jails;
1051	1051	(5) revise, amend, or change rules and procedures if
1052	1052	necessary;
1053	1053	(6) provide to local government officials
1054	1054	consultation on and technical assistance for county jails;
1055	1055	(7) review and comment on plans for the construction
1056	1056	and major modification or renovation of county jails;
1057	1057	(8) require that the sheriff and commissioners of each
1058	1058	county submit to the commission, on a form prescribed by the
1059	1059	commission, an annual report on the conditions in each county jail
1060	1060	within their jurisdiction, including all information necessary to
1061	1061	determine compliance with state law, commission orders, and the
1062	1062	rules adopted under this chapter;
1063	1063	(9) review the reports submitted under Subdivision (8)
1064	1064	and require commission employees to inspect county jails regularly
1065	1065	to ensure compliance with state law, commission orders, and rules
1066	1066	and procedures adopted under this chapter;
1067	1067	(10) adopt a classification system to assist sheriffs
1068	1068	and judges in determining which defendants are low-risk and
1069	1069	consequently suitable participants in a county jail work release
1070	1070	program under Article 42.034, Code of Criminal Procedure;
1071	1071	(11) adopt rules relating to requirements for
1072	1072	segregation of classes of inmates and to capacities for county
1073	1073	jails;
1074	1074	(12) require that the chief jailer of each municipal
1075	1075	lockup submit to the commission, on a form prescribed by the
1076	1076	commission, an annual report of persons under 18 [17] years of age
1077	1077	securely detained in the lockup, including all information
1078	1078	necessary to determine compliance with state law concerning secure
1079	1079	confinement of children in municipal lockups;
1080	1080	(13) at least annually determine whether each county
1081	1081	jail is in compliance with the rules and procedures adopted under
1082	1082	this chapter;
1083	1083	(14) require that the sheriff and commissioners court
1084	1084	of each county submit to the commission, on a form prescribed by the
1085	1085	commission, an annual report of persons under 18 [17] years of age
1086	1086	securely detained in the county jail, including all information
1087	1087	necessary to determine compliance with state law concerning secure
1088	1088	confinement of children in county jails;
1089	1089	(15) schedule announced and unannounced inspections
1090	1090	of jails under the commission's jurisdiction using the risk
1091	1091	assessment plan established under Section 511.0085 to guide the
1092	1092	inspections process;
1093	1093	(16) adopt a policy for gathering and distributing to
1094	1094	jails under the commission's jurisdiction information regarding:
1095	1095	(A) common issues concerning jail
1096	1096	administration;
1097	1097	(B) examples of successful strategies for
1098	1098	maintaining compliance with state law and the rules, standards, and
1099	1099	procedures of the commission; and
1100	1100	(C) solutions to operational challenges for
1101	1101	jails;
1102	1102	(17) report to the Texas Correctional Office on
1103	1103	Offenders with Medical or Mental Impairments on a jail's compliance
1104	1104	with Article 16.22, Code of Criminal Procedure;
1105	1105	(18) adopt reasonable rules and procedures
1106	1106	establishing minimum requirements for jails to:
1107	1107	(A) determine if a prisoner is pregnant; and
1108	1108	(B) ensure that the jail's health services plan
1109	1109	addresses medical and mental health care, including nutritional
1110	1110	requirements, and any special housing or work assignment needs for
1111	1111	persons who are confined in the jail and are known or determined to
1112	1112	be pregnant; and
1113	1113	(19) provide guidelines to sheriffs regarding
1114	1114	contracts between a sheriff and another entity for the provision of
1115	1115	food services to or the operation of a commissary in a jail under
1116	1116	the commission's jurisdiction, including specific provisions
1117	1117	regarding conflicts of interest and avoiding the appearance of
1118	1118	impropriety.
1119	1119	SECTION 5.03. Section 521.201, Transportation Code, is
1120	1120	amended to read as follows:
1121	1121	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1122	1122	department may not issue any license to a person who:
1123	1123	(1) is under 15 years of age;
1124	1124	(2) is under 18 years of age unless the person complies
1125	1125	with the requirements imposed by Section 521.204;
1126	1126	(3) is shown to be addicted to the use of alcohol, a
1127	1127	controlled substance, or another drug that renders a person
1128	1128	incapable of driving;
1129	1129	(4) holds a driver's license issued by this state or
1130	1130	another state or country that is revoked, canceled, or under
1131	1131	suspension;
1132	1132	(5) has been determined by a judgment of a court to be
1133	1133	totally incapacitated or incapacitated to act as the operator of a
1134	1134	motor vehicle unless the person has, by the date of the license
1135	1135	application, been:
1136	1136	(A) restored to capacity by judicial decree; or
1137	1137	(B) released from a hospital for the mentally
1138	1138	incapacitated on a certificate by the superintendent or
1139	1139	administrator of the hospital that the person has regained
1140	1140	capacity;
1141	1141	(6) the department determines to be afflicted with a
1142	1142	mental or physical disability or disease that prevents the person
1143	1143	from exercising reasonable and ordinary control over a motor
1144	1144	vehicle while operating the vehicle on a highway, except that a
1145	1145	person may not be refused a license because of a physical defect if
1146	1146	common experience shows that the defect does not incapacitate a
1147	1147	person from safely operating a motor vehicle;
1148	1148	(7) has been reported by a court under Section
1149	1149	521.3452 for failure to appear unless the court has filed an
1150	1150	additional report on final disposition of the case; or
1151	1151	(8) has been reported by a court for failure to appear
1152	1152	or default in payment of a fine for a misdemeanor that is not
1153	1153	covered under Subdivision (7) and that is punishable by a fine only,
1154	1154	including a misdemeanor under a municipal ordinance, committed by a
1155	1155	person who was under 18 [17] years of age at the time of the alleged
1156	1156	offense, unless the court has filed an additional report on final
1157	1157	disposition of the case.
1158	1158	SECTION 5.04. Section 521.294, Transportation Code, is
1159	1159	amended to read as follows:
1160	1160	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1161	1161	REVOCATION. The department shall revoke the person's license if
1162	1162	the department determines that the person:
1163	1163	(1) is incapable of safely operating a motor vehicle;
1164	1164	(2) has not complied with the terms of a citation
1165	1165	issued by a jurisdiction that is a party to the Nonresident Violator
1166	1166	Compact of 1977 for a traffic violation to which that compact
1167	1167	applies;
1168	1168	(3) has failed to provide medical records or has
1169	1169	failed to undergo medical or other examinations as required by a
1170	1170	panel of the medical advisory board;
1171	1171	(4) has failed to pass an examination required by the
1172	1172	director under this chapter;
1173	1173	(5) has been reported by a court under Section
1174	1174	521.3452 for failure to appear unless the court files an additional
1175	1175	report on final disposition of the case;
1176	1176	(6) has been reported within the preceding two years
1177	1177	by a justice or municipal court for failure to appear or for a
1178	1178	default in payment of a fine for a misdemeanor punishable only by
1179	1179	fine, other than a failure reported under Section 521.3452,
1180	1180	committed by a person who is at least 14 years of age but younger
1181	1181	than 18 [17] years of age when the offense was committed, unless the
1182	1182	court files an additional report on final disposition of the case;
1183	1183	or
1184	1184	(7) has committed an offense in another state or
1185	1185	Canadian province that, if committed in this state, would be
1186	1186	grounds for revocation.
1187	1187	SECTION 5.05. Section 521.294(6), Transportation Code, as
1188	1188	amended by this article, applies only to an offense committed on or
1189	1189	after the effective date of this Act. An offense committed before
1190	1190	the effective date of this Act is governed by the law in effect on
1191	1191	the date the offense was committed, and the former law is continued
1192	1192	in effect for that purpose. For purposes of this section, an
1193	1193	offense was committed before the effective date of this Act if any
1194	1194	element of the offense occurred before that date.
1195	1195	ARTICLE 6. EFFECTIVE DATE
1196	1196	SECTION 6.01. This Act takes effect September 1, 2015.