Texas 2015 - 84th Regular

Texas House Bill HB53 Compare Versions

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

Old	New	Differences
1	1	84R341 ADM-D
2	2	By: McClendon H.B. No. 53
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. Sections 8.07(b) and (c), Penal Code, are
21	21	amended to 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	(c) No person may, in any case, be punished by death for an
30	30	offense committed while the person was younger than 19 [18] years.
31	31	SECTION 1.03. Section 12.31, Penal Code, is amended to read
32	32	as follows:
33	33	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
34	34	guilty of a capital felony in a case in which the state seeks the
35	35	death penalty shall be punished by imprisonment in the Texas
36	36	Department of Criminal Justice for life without parole or by
37	37	death. An individual adjudged guilty of a capital felony in a case
38	38	in which the state does not seek the death penalty shall be punished
39	39	by imprisonment in the Texas Department of Criminal Justice for:
40	40	(1) life, if the individual committed the offense when
41	41	younger than 19 [18] years of age; or
42	42	(2) life without parole, if the individual committed
43	43	the offense when 19 [18] years of age or older.
44	44	(b) In a capital felony trial in which the state seeks the
45	45	death penalty, prospective jurors shall be informed that a sentence
46	46	of life imprisonment without parole or death is mandatory on
47	47	conviction of a capital felony. In a capital felony trial in which
48	48	the state does not seek the death penalty, prospective jurors shall
49	49	be informed that the state is not seeking the death penalty and
50	50	that:
51	51	(1) a sentence of life imprisonment is mandatory on
52	52	conviction of the capital felony, if the individual committed the
53	53	offense when younger than 19 [18] years of age; or
54	54	(2) a sentence of life imprisonment without parole is
55	55	mandatory on conviction of the capital felony, if the individual
56	56	committed the offense when 19 [18] years of age or older.
57	57	SECTION 1.04. The changes in law made by this article apply
58	58	only to an offense committed or conduct violating a penal law of
59	59	this state that occurs on or after the effective date of this Act.
60	60	An offense committed or conduct that occurs before the effective
61	61	date of this Act is governed by the law in effect on the date the
62	62	offense was committed or the conduct occurred, and the former law is
63	63	continued in effect for that purpose. For purposes of this section,
64	64	an offense was committed or conduct violating a penal law of this
65	65	state occurred before the effective date of this Act if any element
66	66	of the offense or conduct occurred before that date.
67	67	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
68	68	SECTION 2.01. Sections 15.031(e) and (f), Penal Code, are
69	69	amended to read as follows:
70	70	(e) An offense under this section is one category lower than
71	71	the solicited offense, except that an offense under this section is
72	72	the same category as the solicited offense if it is shown on the
73	73	trial of the offense that the actor:
74	74	(1) was at the time of the offense 18 [17] years of age
75	75	or older and a member of a criminal street gang, as defined by
76	76	Section 71.01; and
77	77	(2) committed the offense with the intent to:
78	78	(A) further the criminal activities of the
79	79	criminal street gang; or
80	80	(B) avoid detection as a member of a criminal
81	81	street gang.
82	82	(f) In this section, "minor" means an individual younger
83	83	than 18 [17] years of age.
84	84	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
85	85	read as follows:
86	86	(b) A person commits an offense if:
87	87	(1) during a period that is 30 or more days in
88	88	duration, the person commits two or more acts of sexual abuse,
89	89	regardless of whether the acts of sexual abuse are committed
90	90	against one or more victims; and
91	91	(2) at the time of the commission of each of the acts
92	92	of sexual abuse, the actor is 18 [17] years of age or older and the
93	93	victim is a child younger than 14 years of age.
94	94	SECTION 2.03. Section 33.021(a)(1), Penal Code, is amended
95	95	to read as follows:
96	96	(1) "Minor" means:
97	97	(A) an individual who represents himself or
98	98	herself to be younger than 18 [17] years of age; or
99	99	(B) an individual whom the actor believes to be
100	100	younger than 18 [17] years of age.
101	101	SECTION 2.04. Section 33.021(b), Penal Code, is amended to
102	102	read as follows:
103	103	(b) A person who is 18 [17] years of age or older commits an
104	104	offense if, with the intent to arouse or gratify the sexual desire
105	105	of any person, the person, over the Internet, by electronic mail or
106	106	text message or other electronic message service or system, or
107	107	through a commercial online service, intentionally:
108	108	(1) communicates in a sexually explicit manner with a
109	109	minor; or
110	110	(2) distributes sexually explicit material to a minor.
111	111	SECTION 2.05. Section 71.022(d)(1), Penal Code, is amended
112	112	to read as follows:
113	113	(1) "Child" means an individual younger than 18 [17]
114	114	years of age.
115	115	SECTION 2.06. Section 71.028(c), Penal Code, is amended to
116	116	read as follows:
117	117	(c) Except as provided by Subsection (d), the punishment
118	118	prescribed for an offense described by Subsection (b) is increased
119	119	to the punishment prescribed for the next highest category of
120	120	offense if the actor is 18 [17] years of age or older and it is shown
121	121	beyond a reasonable doubt on the trial of the offense that the actor
122	122	committed the offense at a location that was:
123	123	(1) in, on, or within 1,000 feet of any:
124	124	(A) real property that is owned, rented, or
125	125	leased by a school or school board;
126	126	(B) premises owned, rented, or leased by an
127	127	institution of higher education;
128	128	(C) premises of a public or private youth center;
129	129	or
130	130	(D) playground;
131	131	(2) in, on, or within 300 feet of any:
132	132	(A) shopping mall;
133	133	(B) movie theater;
134	134	(C) premises of a public swimming pool; or
135	135	(D) premises of a video arcade facility; or
136	136	(3) on a school bus.
137	137	SECTION 2.07. Section 729.001(a), Transportation Code, is
138	138	amended to read as follows:
139	139	(a) A person who is younger than 18 [17] years of age commits
140	140	an offense if the person operates a motor vehicle on a public road
141	141	or highway, a street or alley in a municipality, or a public beach
142	142	in violation of any traffic law of this state, including:
143	143	(1) Chapter 502, other than Section [502.282 or]
144	144	502.412;
145	145	(2) Chapter 521, other than an offense under Section
146	146	521.457;
147	147	(3) Subtitle C, other than an offense punishable by
148	148	imprisonment or by confinement in jail under Section 550.021,
149	149	550.022, 550.024, or 550.025;
150	150	(4) Chapter 601;
151	151	(5) Chapter 621;
152	152	(6) Chapter 661; and
153	153	(7) Chapter 681.
154	154	SECTION 2.08. Section 729.002, Transportation Code, is
155	155	amended to read as follows:
156	156	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
157	157	LICENSE. (a) A person who is younger than 18 [17] years of age
158	158	commits an offense if the person operates a motor vehicle without a
159	159	driver's license authorizing the operation of a motor vehicle on a:
160	160	(1) public road or highway;
161	161	(2) street or alley in a municipality; or
162	162	(3) public beach as defined by Section 729.001.
163	163	(b) An offense under this section is punishable in the same
164	164	manner as if the person was 18 [17] years of age or older and
165	165	operated a motor vehicle without a license as described by
166	166	Subsection (a), except that an offense under this section is not
167	167	punishable by confinement or imprisonment.
168	168	SECTION 2.09. The changes in law made by this article apply
169	169	only to an offense committed on or after the effective date of this
170	170	Act. An offense committed before the effective date of this Act is
171	171	governed by the law in effect on the date the offense was committed,
172	172	and the former law is continued in effect for that purpose. For
173	173	purposes of this section, an offense was committed before the
174	174	effective date of this Act if any element of the offense occurred
175	175	before that date.
176	176	ARTICLE 3. CRIMINAL PROCEDURES
177	177	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
178	178	amended to read as follows:
179	179	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
180	180	ADULT. (a) Notwithstanding the order of a juvenile court to
181	181	detain a person under the age of 18 [17] who has been certified to
182	182	stand trial as an adult in a certified juvenile detention facility
183	183	under Section 54.02(h), Family Code, the judge of the criminal
184	184	court having jurisdiction over the person may order the person to be
185	185	transferred to an adult facility. A child who is transferred to an
186	186	adult facility must be detained under conditions meeting the
187	187	requirements of Section 51.12, Family Code.
188	188	(b) On the 18th [17th] birthday of a person described by
189	189	Subsection (a) who is detained in a certified juvenile detention
190	190	facility under Section 54.02(h), Family Code, the judge of the
191	191	criminal court having jurisdiction over the person shall order the
192	192	person to be transferred to an adult facility.
193	193	SECTION 3.02. Articles 45.0216(b) and (h), Code of Criminal
194	194	Procedure, are amended to read as follows:
195	195	(b) A person may apply to the court in which the person was
196	196	convicted to have the conviction expunged as provided by this
197	197	article on or after the person's 18th [17th] birthday if:
198	198	(1) the person was convicted of not more than one
199	199	offense described by Section 8.07(a)(4) or (5), Penal Code, while
200	200	the person was a child; or
201	201	(2) the person was convicted only once of an offense
202	202	under Section 43.261, Penal Code.
203	203	(h) Records of a person under 18 [17] years of age relating
204	204	to a complaint dismissed as provided by Article 45.051 or 45.052 may
205	205	be expunged under this article.
206	206	SECTION 3.03. Article 45.045(b), Code of Criminal
207	207	Procedure, is amended to read as follows:
208	208	(b) A capias pro fine may not be issued for an individual
209	209	convicted for an offense committed before the individual's 18th
210	210	[17th] birthday unless:
211	211	(1) the individual is 18 [17] years of age or older;
212	212	(2) the court finds that the issuance of the capias pro
213	213	fine is justified after considering:
214	214	(A) the sophistication and maturity of the
215	215	individual;
216	216	(B) the criminal record and history of the
217	217	individual; and
218	218	(C) the reasonable likelihood of bringing about
219	219	the discharge of the judgment through the use of procedures and
220	220	services currently available to the court; and
221	221	(3) the court has proceeded under Article 45.050 to
222	222	compel the individual to discharge the judgment.
223	223	SECTION 3.04. Article 45.0492(a), Code of Criminal
224	224	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
225	225	Legislature, Regular Session, 2011, is amended to read as follows:
226	226	(a) This article applies only to a defendant younger than 18
227	227	[17] years of age who is assessed a fine or costs for a Class C
228	228	misdemeanor occurring in a building or on the grounds of the primary
229	229	or secondary school at which the defendant was enrolled at the time
230	230	of the offense.
231	231	SECTION 3.05. Article 45.0492(a), Code of Criminal
232	232	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
233	233	Legislature, Regular Session, 2011, is amended to read as follows:
234	234	(a) This article applies only to a defendant younger than 18
235	235	[17] years of age who is assessed a fine or costs for a Class C
236	236	misdemeanor.
237	237	SECTION 3.06. Articles 45.050(d), (e), and (g), Code of
238	238	Criminal Procedure, are amended to read as follows:
239	239	(d) A justice or municipal court may hold a person in
240	240	contempt and impose a remedy authorized by Subsection (c)(2) if:
241	241	(1) the person was convicted for an offense committed
242	242	before the person's 18th [17th] birthday;
243	243	(2) the person failed to obey the order while the
244	244	person was 18 [17] years of age or older; and
245	245	(3) the failure to obey occurred under circumstances
246	246	that constitute contempt of court.
247	247	(e) A justice or municipal court may hold a person in
248	248	contempt and impose a remedy authorized by Subsection (c)(2) if the
249	249	person, while younger than 18 [17] years of age, engaged in conduct
250	250	in contempt of an order issued by the justice or municipal court,
251	251	but contempt proceedings could not be held before the person's 18th
252	252	[17th] birthday.
253	253	(g) A justice or municipal court may not refer a child who
254	254	violates a court order while 18 [17] years of age or older to a
255	255	juvenile court for delinquency proceedings for contempt of court.
256	256	SECTION 3.07. Article 45.057(h), Code of Criminal
257	257	Procedure, is amended to read as follows:
258	258	(h) A child and parent required to appear before the court
259	259	have an obligation to provide the court in writing with the current
260	260	address and residence of the child. The obligation does not end
261	261	when the child reaches age 18 [17]. On or before the seventh day
262	262	after the date the child or parent changes residence, the child or
263	263	parent shall notify the court of the current address in the manner
264	264	directed by the court. A violation of this subsection may result in
265	265	arrest and is a Class C misdemeanor. The obligation to provide
266	266	notice terminates on discharge and satisfaction of the judgment or
267	267	final disposition not requiring a finding of guilt.
268	268	SECTION 3.08. Article 45.058(h), Code of Criminal
269	269	Procedure, is amended to read as follows:
270	270	(h) In this article, "child" means a person who is:
271	271	(1) at least 10 years of age and younger than 18 [17]
272	272	years of age; and
273	273	(2) charged with or convicted of an offense that a
274	274	justice or municipal court has jurisdiction of under Article 4.11
275	275	or 4.14.
276	276	SECTION 3.09. Article 45.059(a), Code of Criminal
277	277	Procedure, is amended to read as follows:
278	278	(a) A peace officer taking into custody a person younger
279	279	than 18 [17] years of age for violation of a juvenile curfew
280	280	ordinance of a municipality or order of the commissioners court of a
281	281	county shall, without unnecessary delay:
282	282	(1) release the person to the person's parent,
283	283	guardian, or custodian;
284	284	(2) take the person before a justice or municipal
285	285	court to answer the charge; or
286	286	(3) take the person to a place designated as a juvenile
287	287	curfew processing office by the head of the law enforcement agency
288	288	having custody of the person.
289	289	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
290	290	Criminal Procedure, are amended to read as follows:
291	291	(a) Except as provided by Articles 45.058 and 45.059, an
292	292	individual may not be taken into secured custody for offenses
293	293	alleged to have occurred before the individual's 18th [17th]
294	294	birthday.
295	295	(b) On or after an individual's 18th [17th] birthday, if the
296	296	court has used all available procedures under this chapter to
297	297	secure the individual's appearance to answer allegations made
298	298	before the individual's 18th [17th] birthday, the court may issue a
299	299	notice of continuing obligation to appear by personal service or by
300	300	mail to the last known address and residence of the individual. The
301	301	notice must order the individual to appear at a designated time,
302	302	place, and date to answer the allegations detailed in the notice.
303	303	(e) A notice of continuing obligation to appear issued under
304	304	this article must contain the following statement provided in
305	305	boldfaced type or capital letters:
306	306	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
307	307	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
308	308	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
309	309	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
310	310	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
311	311	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
312	312	FOR YOUR ARREST."
313	313	SECTION 3.11. Article 62.001(6), Code of Criminal
314	314	Procedure, is amended to read as follows:
315	315	(6) "Sexually violent offense" means any of the
316	316	following offenses committed by a person 18 [17] years of age or
317	317	older:
318	318	(A) an offense under Section 21.02 (Continuous
319	319	sexual abuse of young child or children), 21.11(a)(1) (Indecency
320	320	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
321	321	sexual assault), Penal Code;
322	322	(B) an offense under Section 43.25 (Sexual
323	323	performance by a child), Penal Code;
324	324	(C) an offense under Section 20.04(a)(4)
325	325	(Aggravated kidnapping), Penal Code, if the defendant committed the
326	326	offense with intent to violate or abuse the victim sexually;
327	327	(D) an offense under Section 30.02 (Burglary),
328	328	Penal Code, if the offense is punishable under Subsection (d) of
329	329	that section and the defendant committed the offense with intent to
330	330	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
331	331	or
332	332	(E) an offense under the laws of another state,
333	333	federal law, the laws of a foreign country, or the Uniform Code of
334	334	Military Justice if the offense contains elements that are
335	335	substantially similar to the elements of an offense listed under
336	336	Paragraph (A), (B), (C), or (D).
337	337	SECTION 3.12. Section 37.085, Education Code, is amended to
338	338	read as follows:
339	339	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
340	340	MISDEMEANORS. Notwithstanding any other provision of law, a
341	341	warrant may not be issued for the arrest of a person for a Class C
342	342	misdemeanor under this code committed when the person was younger
343	343	than 18 [17] years of age.
344	344	SECTION 3.13. Section 521.453(i), Transportation Code, is
345	345	amended to read as follows:
346	346	(i) If the person ordered to perform community service under
347	347	Subsection (h) is younger than 18 [17] years of age, the community
348	348	service shall be performed as if ordered by a juvenile court under
349	349	Section 54.044(a), Family Code, as a condition of probation under
350	350	Section 54.04(d), Family Code.
351	351	SECTION 3.14. (a) Except as provided by Subsection (b) of
352	352	this section, the changes in law made by this article apply only to
353	353	an offense committed on or after the effective date of this Act. An
354	354	offense committed before the effective date of this Act is governed
355	355	by the law in effect on the date the offense was committed, and the
356	356	former law is continued in effect for that purpose.
357	357	(b) Articles 45.0216(b) and (h), Code of Criminal
358	358	Procedure, as amended by this article, apply only to the expunction
359	359	of certain records related to an offense committed on or after the
360	360	effective date of this Act. The expunction of certain records
361	361	related to an offense committed before the effective date of this
362	362	Act is governed by the law in effect on the date the offense was
363	363	committed, and the former law is continued in effect for that
364	364	purpose.
365	365	(c) For purposes of this section, an offense was committed
366	366	before the effective date of this Act if any element of the offense
367	367	occurred before that date.
368	368	ARTICLE 4. JUVENILE COURT PROCEDURES
369	369	SECTION 4.01. Section 51.041, Family Code, is amended to
370	370	read as follows:
371	371	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
372	372	retains jurisdiction over a person, without regard to the age of the
373	373	person, for conduct engaged in by the person before becoming 18 [17]
374	374	years of age if, as a result of an appeal by the person or the state
375	375	under Chapter 56 or by the person under Article 44.47, Code of
376	376	Criminal Procedure, of an order of the court, the order is reversed
377	377	or modified and the case remanded to the court by the appellate
378	378	court.
379	379	(b) If the respondent is at least 19 [18] years of age when
380	380	the order of remand from the appellate court is received by the
381	381	juvenile court, the juvenile court shall proceed as provided by
382	382	Sections 54.02(o)-(r) for the detention of a person at least 18
383	383	years of age in discretionary transfer proceedings. Pending
384	384	retrial of the adjudication or transfer proceeding, the juvenile
385	385	court may:
386	386	(1) order the respondent released from custody;
387	387	(2) order the respondent detained in a juvenile
388	388	detention facility; or
389	389	(3) set bond and order the respondent detained in a
390	390	county adult facility if bond is not made.
391	391	SECTION 4.02. Section 51.0412, Family Code, is amended to
392	392	read as follows:
393	393	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
394	394	The court retains jurisdiction over a person, without regard to the
395	395	age of the person, who is a respondent in an adjudication
396	396	proceeding, a disposition proceeding, a proceeding to modify
397	397	disposition, a proceeding for waiver of jurisdiction and transfer
398	398	to criminal court under Section 54.02(a), or a motion for transfer
399	399	of determinate sentence probation to an appropriate district court
400	400	if:
401	401	(1) the petition or motion was filed while the
402	402	respondent was younger than 19 or 20 [18 or 19] years of age, as
403	403	applicable;
404	404	(2) the proceeding is not complete before the
405	405	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
406	406	and
407	407	(3) the court enters a finding in the proceeding that
408	408	the prosecuting attorney exercised due diligence in an attempt to
409	409	complete the proceeding before the respondent became 19 or 20 [18 or
410	410	19] years of age, as applicable.
411	411	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
412	412	amended to read as follows:
413	413	(f) A child detained in a building that contains a jail,
414	414	lockup, or other place of secure confinement, including an alcohol
415	415	or other drug treatment facility, shall be separated by sight and
416	416	sound from adults detained in the same building. Children and
417	417	adults are separated by sight and sound only if they are unable to
418	418	see each other and conversation between them is not possible. The
419	419	separation must extend to all areas of the facility, including
420	420	sally ports and passageways, and those areas used for admission,
421	421	counseling, sleeping, toileting, showering, dining, recreational,
422	422	educational, or vocational activities, and health care. The
423	423	separation may be accomplished through architectural design. A
424	424	person who has been transferred for prosecution in criminal court
425	425	under Section 54.02 and is under 18 [17] years of age is considered
426	426	a child for the purposes of this subsection.
427	427	(h) This section does not apply to a person:
428	428	(1) who has been transferred to criminal court for
429	429	prosecution under Section 54.02 and is at least 18 [17] years of
430	430	age; or
431	431	(2) who is at least 18 [17] years of age and who has
432	432	been taken into custody after having:
433	433	(A) escaped from a juvenile facility operated by
434	434	or under contract with the Texas Juvenile Justice Department [Youth
435	435	Commission]; or
436	436	(B) violated a condition of release under
437	437	supervision of the Texas Juvenile Justice Department [Youth
438	438	Commission].
439	439	SECTION 4.04. Section 54.02(j), Family Code, is amended to
440	440	read as follows:
441	441	(j) The juvenile court may waive its exclusive original
442	442	jurisdiction and transfer a person to the appropriate district
443	443	court or criminal district court for criminal proceedings if:
444	444	(1) the person is 19 [18] years of age or older;
445	445	(2) the person was:
446	446	(A) 10 years of age or older and under 18 [17]
447	447	years of age at the time the person is alleged to have committed a
448	448	capital felony or an offense under Section 19.02, Penal Code;
449	449	(B) 14 years of age or older and under 18 [17]
450	450	years of age at the time the person is alleged to have committed an
451	451	aggravated controlled substance felony or a felony of the first
452	452	degree other than an offense under Section 19.02, Penal Code; or
453	453	(C) 15 years of age or older and under 18 [17]
454	454	years of age at the time the person is alleged to have committed a
455	455	felony of the second or third degree or a state jail felony;
456	456	(3) no adjudication concerning the alleged offense has
457	457	been made or no adjudication hearing concerning the offense has
458	458	been conducted;
459	459	(4) the juvenile court finds from a preponderance of
460	460	the evidence that:
461	461	(A) for a reason beyond the control of the state
462	462	it was not practicable to proceed in juvenile court before the 19th
463	463	[18th] birthday of the person; or
464	464	(B) after due diligence of the state it was not
465	465	practicable to proceed in juvenile court before the 19th [18th]
466	466	birthday of the person because:
467	467	(i) the state did not have probable cause to
468	468	proceed in juvenile court and new evidence has been found since the
469	469	19th [18th] birthday of the person;
470	470	(ii) the person could not be found; or
471	471	(iii) a previous transfer order was
472	472	reversed by an appellate court or set aside by a district court; and
473	473	(5) the juvenile court determines that there is
474	474	probable cause to believe that the child before the court committed
475	475	the offense alleged.
476	476	SECTION 4.05. Section 54.0326(b), Family Code, is amended
477	477	to read as follows:
478	478	(b) A juvenile court may defer adjudication proceedings
479	479	under Section 54.03 until the child's 19th [18th] birthday and
480	480	require a child to participate in a program established under
481	481	Section 152.0016, Human Resources Code, if the child:
482	482	(1) is alleged to have engaged in delinquent conduct
483	483	or conduct indicating a need for supervision and may be a victim of
484	484	conduct that constitutes an offense under Section 20A.02, Penal
485	485	Code; and
486	486	(2) presents to the court an oral or written request to
487	487	participate in the program.
488	488	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
489	489	are amended to read as follows:
490	490	(e) The Texas Juvenile Justice Department [Youth
491	491	Commission] shall accept a person properly committed to it by a
492	492	juvenile court even though the person may be 18 [17] years of age or
493	493	older at the time of commitment.
494	494	(l) Except as provided by Subsection (q), a court or jury
495	495	may place a child on probation under Subsection (d)(1) for any
496	496	period, except that probation may not continue on or after the
497	497	child's 19th [18th] birthday. Except as provided by Subsection
498	498	(q), the court may, before the period of probation ends, extend the
499	499	probation for any period, except that the probation may not extend
500	500	to or after the child's 19th [18th] birthday.
501	501	(q) If a court or jury sentences a child to commitment in the
502	502	Texas Juvenile Justice Department or a post-adjudication secure
503	503	correctional facility under Subsection (d)(3) for a term of not
504	504	more than 10 years, the court or jury may place the child on
505	505	probation under Subsection (d)(1) as an alternative to making the
506	506	disposition under Subsection (d)(3). The court shall prescribe
507	507	the period of probation ordered under this subsection for a term of
508	508	not more than 10 years. The court may, before the sentence of
509	509	probation expires, extend the probationary period under Section
510	510	54.05, except that the sentence of probation and any extension may
511	511	not exceed 10 years. The court may, before the child's 20th [19th]
512	512	birthday, discharge the child from the sentence of probation. If a
513	513	sentence of probation ordered under this subsection and any
514	514	extension of probation ordered under Section 54.05 will continue
515	515	after the child's 20th [19th] birthday, the court shall discharge
516	516	the child from the sentence of probation on the child's 20th [19th]
517	517	birthday unless the court transfers the child to an appropriate
518	518	district court under Section 54.051.
519	519	SECTION 4.07. Section 54.0405(i), Family Code, is amended
520	520	to read as follows:
521	521	(i) A court that requires as a condition of probation that a
522	522	child attend psychological counseling under Subsection (a) may,
523	523	before the date the probation period ends, extend the probation for
524	524	any additional period necessary to complete the required counseling
525	525	as determined by the treatment provider, except that the probation
526	526	may not be extended to a date after the date of the child's 19th
527	527	[18th] birthday, or 20th [19th] birthday if the child is placed on
528	528	determinate sentence probation under Section 54.04(q).
529	529	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
530	530	amended to read as follows:
531	531	(b) If a child is found to have engaged in delinquent
532	532	conduct or conduct indicating a need for supervision arising from
533	533	the commission of an offense in which property damage or loss or
534	534	personal injury occurred, the juvenile court, on notice to all
535	535	persons affected and on hearing, may order the child or a parent to
536	536	make full or partial restitution to the victim of the offense. The
537	537	program of restitution must promote the rehabilitation of the
538	538	child, be appropriate to the age and physical, emotional, and
539	539	mental abilities of the child, and not conflict with the child's
540	540	schooling. When practicable and subject to court supervision, the
541	541	court may approve a restitution program based on a settlement
542	542	between the child and the victim of the offense. An order under
543	543	this subsection may provide for periodic payments by the child or a
544	544	parent of the child for the period specified in the order but except
545	545	as provided by Subsection (h), that period may not extend past the
546	546	date of the 19th [18th] birthday of the child or past the date the
547	547	child is no longer enrolled in an accredited secondary school in a
548	548	program leading toward a high school diploma, whichever date is
549	549	later.
550	550	(h) If the juvenile court places the child on probation in a
551	551	determinate sentence proceeding initiated under Section 53.045 and
552	552	transfers supervision on the child's 20th [19th] birthday to a
553	553	district court for placement on community supervision, the district
554	554	court shall require the payment of any unpaid restitution as a
555	555	condition of the community supervision. The liability of the
556	556	child's parent for restitution may not be extended by transfer to a
557	557	district court for supervision.
558	558	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
559	559	amended to read as follows:
560	560	(a) Except as provided by Subsection (a-1), any
561	561	disposition, except a commitment to the Texas Juvenile Justice
562	562	Department [Youth Commission], may be modified by the juvenile
563	563	court as provided in this section until:
564	564	(1) the child reaches:
565	565	(A) the child's 19th [18th] birthday; or
566	566	(B) the child's 20th [19th] birthday, if the
567	567	child was placed on determinate sentence probation under Section
568	568	54.04(q); or
569	569	(2) the child is earlier discharged by the court or
570	570	operation of law.
571	571	(b) Except for a commitment to the Texas Juvenile Justice
572	572	Department or to a post-adjudication secure correctional facility
573	573	under Section 54.04011, a disposition under Section 54.0402, or a
574	574	placement on determinate sentence probation under Section
575	575	54.04(q), all dispositions automatically terminate when the child
576	576	reaches the child's 19th [18th] birthday.
577	577	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
578	578	(i), Family Code, are amended to read as follows:
579	579	(a) On motion of the state concerning a child who is placed
580	580	on probation under Section 54.04(q) for a period, including any
581	581	extension ordered under Section 54.05, that will continue after the
582	582	child's 20th [19th] birthday, the juvenile court shall hold a
583	583	hearing to determine whether to transfer the child to an
584	584	appropriate district court or discharge the child from the sentence
585	585	of probation.
586	586	(b) The hearing must be conducted before the person's 20th
587	587	[19th] birthday[, or before the person's 18th birthday if the
588	588	offense for which the person was placed on probation occurred
589	589	before September 1, 2011,] and must be conducted in the same manner
590	590	as a hearing to modify disposition under Section 54.05.
591	591	(c) If, after a hearing, the court determines to discharge
592	592	the child, the court shall specify a date on or before the child's
593	593	20th [19th] birthday to discharge the child from the sentence of
594	594	probation.
595	595	(d) If, after a hearing, the court determines to transfer
596	596	the child, the court shall transfer the child to an appropriate
597	597	district court on the child's 20th [19th] birthday.
598	598	(e-2) If a person who is placed on community supervision
599	599	under this section violates a condition of that supervision or if
600	600	the person violated a condition of probation ordered under Section
601	601	54.04(q) and that probation violation was not discovered by the
602	602	state before the person's 20th [19th] birthday, the district court
603	603	shall dispose of the violation of community supervision or
604	604	probation, as appropriate, in the same manner as if the court had
605	605	originally exercised jurisdiction over the case. If the judge
606	606	revokes community supervision, the judge may reduce the prison
607	607	sentence to any length without regard to the minimum term imposed by
608	608	Section 23(a), Article 42.12, Code of Criminal Procedure.
609	609	(i) If the juvenile court exercises jurisdiction over a
610	610	person who is 19 or 20 [18 or 19] years of age or older, as
611	611	applicable, under Section 51.041 or 51.0412, the court or jury may,
612	612	if the person is otherwise eligible, place the person on probation
613	613	under Section 54.04(q). The juvenile court shall set the
614	614	conditions of probation and immediately transfer supervision of the
615	615	person to the appropriate court exercising criminal jurisdiction
616	616	under Subsection (e).
617	617	SECTION 4.11. Section 54.11(l), Family Code, is amended to
618	618	read as follows:
619	619	(l) Pending the conclusion of a transfer hearing, the
620	620	juvenile court shall order that the person who is referred for
621	621	transfer be detained in a certified juvenile detention facility as
622	622	provided by Subsection (m). If the person is at least 18 [17] years
623	623	of age, the juvenile court may order that the person be detained
624	624	without bond in an appropriate county facility for the detention of
625	625	adults accused of criminal offenses.
626	626	SECTION 4.12. Section 55.15, Family Code, is amended to
627	627	read as follows:
628	628	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
629	629	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
630	630	which the child's case is referred under Section 55.12(2) orders
631	631	mental health services for the child, the child shall be cared for,
632	632	treated, and released in conformity to Subtitle C, Title 7, Health
633	633	and Safety Code, except:
634	634	(1) a court order for mental health services for a
635	635	child automatically expires on the 120th day after the date the
636	636	child becomes 19 [18] years of age; and
637	637	(2) the administrator of a mental health facility
638	638	shall notify, in writing, by certified mail, return receipt
639	639	requested, the juvenile court that ordered mental health services
640	640	or the juvenile court that referred the case to a court that ordered
641	641	the mental health services of the intent to discharge the child at
642	642	least 10 days prior to discharge.
643	643	SECTION 4.13. Section 55.18, Family Code, is amended to
644	644	read as follows:
645	645	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
646	646	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
647	647	mental health facility before reaching 19 [18] years of age, the
648	648	juvenile court may:
649	649	(1) dismiss the juvenile court proceedings with
650	650	prejudice; or
651	651	(2) continue with proceedings under this title as
652	652	though no order of mental health services had been made.
653	653	SECTION 4.14. The heading to Section 55.19, Family Code, is
654	654	amended to read as follows:
655	655	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
656	656	BIRTHDAY.
657	657	SECTION 4.15. Section 55.19(a), Family Code, is amended to
658	658	read as follows:
659	659	(a) The juvenile court shall transfer all pending
660	660	proceedings from the juvenile court to a criminal court on the 19th
661	661	[18th] birthday of a child for whom the juvenile court or a court to
662	662	which the child's case is referred under Section 55.12(2) has
663	663	ordered inpatient mental health services if:
664	664	(1) the child is not discharged or furloughed from the
665	665	inpatient mental health facility before reaching 19 [18] years of
666	666	age; and
667	667	(2) the child is alleged to have engaged in delinquent
668	668	conduct that included a violation of a penal law listed in Section
669	669	53.045 and no adjudication concerning the alleged conduct has been
670	670	made.
671	671	SECTION 4.16. Section 55.43(a), Family Code, is amended to
672	672	read as follows:
673	673	(a) The prosecuting attorney may file with the juvenile
674	674	court a motion for a restoration hearing concerning a child if:
675	675	(1) the child is found unfit to proceed as a result of
676	676	mental illness or intellectual disability [mental retardation];
677	677	and
678	678	(2) the child:
679	679	(A) is not:
680	680	(i) ordered by a court to receive inpatient
681	681	mental health services;
682	682	(ii) committed by a court to a residential
683	683	care facility; or
684	684	(iii) ordered by a court to receive
685	685	treatment on an outpatient basis; or
686	686	(B) is discharged or currently on furlough from a
687	687	mental health facility or outpatient center before the child
688	688	reaches 19 [18] years of age.
689	689	SECTION 4.17. The heading to Section 55.44, Family Code, is
690	690	amended to read as follows:
691	691	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
692	692	BIRTHDAY OF CHILD.
693	693	SECTION 4.18. Section 55.44(a), Family Code, is amended to
694	694	read as follows:
695	695	(a) The juvenile court shall transfer all pending
696	696	proceedings from the juvenile court to a criminal court on the 19th
697	697	[18th] birthday of a child for whom the juvenile court or a court to
698	698	which the child's case is referred has ordered inpatient mental
699	699	health services or residential care for persons with intellectual
700	700	disabilities [mental retardation] if:
701	701	(1) the child is not discharged or currently on
702	702	furlough from the facility before reaching 19 [18] years of age; and
703	703	(2) the child is alleged to have engaged in delinquent
704	704	conduct that included a violation of a penal law listed in Section
705	705	53.045 and no adjudication concerning the alleged conduct has been
706	706	made.
707	707	SECTION 4.19. Sections 58.003(c), (c-2), (c-4), (c-6), and
708	708	(c-8), Family Code, are amended to read as follows:
709	709	(c) Subject to Subsection (b), a court may order the sealing
710	710	of records concerning a person adjudicated as having engaged in
711	711	delinquent conduct that violated a penal law of the grade of felony
712	712	only if:
713	713	(1) the person is 20 [19] years of age or older;
714	714	(2) the person was not transferred by a juvenile court
715	715	under Section 54.02 to a criminal court for prosecution;
716	716	(3) the records have not been used as evidence in the
717	717	punishment phase of a criminal proceeding under Section 3(a),
718	718	Article 37.07, Code of Criminal Procedure; and
719	719	(4) the person has not been convicted of a penal law of
720	720	the grade of felony after becoming age 18 [17].
721	721	(c-2) If the court orders the sealing of a child's records
722	722	under Subsection (c-1), a prosecuting attorney or juvenile
723	723	probation department may maintain until the child's 18th [17th]
724	724	birthday a separate record of the child's name and date of birth and
725	725	the date the child successfully completed the drug court
726	726	program. The prosecuting attorney or juvenile probation
727	727	department, as applicable, shall send the record to the court as
728	728	soon as practicable after the child's 18th [17th] birthday to be
729	729	added to the child's other sealed records.
730	730	(c-4) A prosecuting attorney or juvenile probation
731	731	department may maintain until a child's 18th [17th] birthday a
732	732	separate record of the child's name and date of birth and the date
733	733	on which the child's records are sealed, if the child's records are
734	734	sealed under Subsection (c-3). The prosecuting attorney or
735	735	juvenile probation department, as applicable, shall send the record
736	736	to the court as soon as practicable after the child's 18th [17th]
737	737	birthday to be added to the child's other sealed records.
738	738	(c-6) A prosecuting attorney or juvenile probation
739	739	department may maintain until a child's 18th [17th] birthday a
740	740	separate record of the child's name and date of birth and the date
741	741	on which the child successfully completed the educational program,
742	742	if the child's records are sealed under Subsection (c-5). The
743	743	prosecuting attorney or juvenile probation department, as
744	744	applicable, shall send the record to the court as soon as
745	745	practicable after the child's 18th [17th] birthday to be added to
746	746	the child's other sealed records.
747	747	(c-8) If the court orders the sealing of a child's records
748	748	under Subsection (c-7), a prosecuting attorney or juvenile
749	749	probation department may maintain until the child's 19th [18th]
750	750	birthday a separate record of the child's name and date of birth and
751	751	the date the child successfully completed the trafficked persons
752	752	program. The prosecuting attorney or juvenile probation
753	753	department, as applicable, shall send the record to the court as
754	754	soon as practicable after the child's 19th [18th] birthday to be
755	755	added to the child's other sealed records.
756	756	SECTION 4.20. Section 58.0052(a)(2), Family Code, is
757	757	amended to read as follows:
758	758	(2) "Multi-system youth" means a person who:
759	759	(A) is younger than 20 [19] years of age; and
760	760	(B) has received services from two or more
761	761	juvenile service providers.
762	762	SECTION 4.21. Section 58.0071(d), Family Code, is amended
763	763	to read as follows:
764	764	(d) The physical records and files of a juvenile case may
765	765	only be destroyed if the child who is the respondent in the case:
766	766	(1) is at least 19 [18] years of age and:
767	767	(A) the most serious allegation adjudicated was
768	768	conduct indicating a need for supervision;
769	769	(B) the most serious allegation was conduct
770	770	indicating a need for supervision and there was not an
771	771	adjudication; or
772	772	(C) the referral or information did not relate to
773	773	conduct indicating a need for supervision or delinquent conduct and
774	774	the juvenile court or the court's staff did not take action on the
775	775	referral or information for that reason;
776	776	(2) is at least 21 years of age and:
777	777	(A) the most serious allegation adjudicated was
778	778	delinquent conduct that violated a penal law of the grade of
779	779	misdemeanor; or
780	780	(B) the most serious allegation was delinquent
781	781	conduct that violated a penal law of the grade of misdemeanor or
782	782	felony and there was not an adjudication; or
783	783	(3) is at least 31 years of age and the most serious
784	784	allegation adjudicated was delinquent conduct that violated a penal
785	785	law of the grade of felony.
786	786	SECTION 4.22. Section 58.203(a), Family Code, is amended to
787	787	read as follows:
788	788	(a) The department shall certify to the juvenile probation
789	789	department to which a referral was made that resulted in
790	790	information being submitted to the juvenile justice information
791	791	system that the records relating to a person's juvenile case are
792	792	subject to automatic restriction of access if:
793	793	(1) the person is at least 18 [17] years of age;
794	794	(2) the juvenile case did not include conduct
795	795	resulting in determinate sentence proceedings in the juvenile court
796	796	under Section 53.045; and
797	797	(3) the juvenile case was not certified for trial in
798	798	criminal court under Section 54.02.
799	799	SECTION 4.23. Section 58.208, Family Code, is amended to
800	800	read as follows:
801	801	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
802	802	final discharge of a child from the juvenile system or on the last
803	803	official action in the case, if there is no adjudication, the
804	804	appropriate juvenile justice official shall provide to the child:
805	805	(1) a written explanation of how automatic restricted
806	806	access under this subchapter works;
807	807	(2) a copy of this subchapter; and
808	808	(3) a statement that if the child wishes to receive
809	809	notification of an action restricting access to the child's records
810	810	under Section 58.207(a), the child must before the child's 18th
811	811	[17th] birthday provide the juvenile probation department with a
812	812	current address where the child can receive notification.
813	813	SECTION 4.24. Section 58.209(a), Family Code, is amended to
814	814	read as follows:
815	815	(a) When a child is placed on probation for an offense that
816	816	may be eligible for automatic restricted access at age 18 [17] or
817	817	when a child is received by the Texas Juvenile Justice Department on
818	818	an indeterminate commitment, a probation officer or an official at
819	819	the Texas Juvenile Justice Department reception center, as soon as
820	820	practicable, shall explain the substance of the following
821	821	information to the child:
822	822	(1) if the child was adjudicated as having committed
823	823	delinquent conduct for a felony or jailable misdemeanor, that the
824	824	child probably has a juvenile record with the department and the
825	825	Federal Bureau of Investigation;
826	826	(2) that the child's juvenile record is a permanent
827	827	record that is not destroyed or erased unless the record is eligible
828	828	for sealing and the child or the child's family hires a lawyer and
829	829	files a petition in court to have the record sealed;
830	830	(3) that the child's juvenile record, other than
831	831	treatment records made confidential by law, can be accessed by
832	832	police, sheriff's officers, prosecutors, probation officers,
833	833	correctional officers, and other criminal and juvenile justice
834	834	officials in this state and elsewhere;
835	835	(4) that the child's juvenile record, other than
836	836	treatment records made confidential by law, can be accessed by
837	837	employers, educational institutions, licensing agencies, and other
838	838	organizations when the child applies for employment or educational
839	839	programs;
840	840	(5) if the child's juvenile record is placed on
841	841	restricted access when the child becomes 18 [17] years of age, that
842	842	access will be denied to employers, educational institutions, and
843	843	others except for criminal justice agencies;
844	844	(6) that restricted access does not require any action
845	845	by the child or the child's family, including the filing of a
846	846	petition or hiring of a lawyer, but occurs automatically at age 18
847	847	[17]; and
848	848	(7) that if the child is under the jurisdiction of the
849	849	juvenile court or the Texas Juvenile Justice Department on or after
850	850	the child's 18th [17th] birthday, the law regarding restricted
851	851	access will not apply until the person is discharged from the
852	852	jurisdiction of the court or department, as appropriate.
853	853	SECTION 4.25. Section 58.211(a), Family Code, is amended to
854	854	read as follows:
855	855	(a) If the department has notified a juvenile probation
856	856	department that a record has been placed on restricted access and
857	857	the department later receives information in the department's
858	858	criminal history system that the subject of the records has been
859	859	convicted of or placed on deferred adjudication for a felony or a
860	860	misdemeanor punishable by confinement in jail for an offense
861	861	committed after the person reached the age of 18 [17], the person's
862	862	juvenile records are no longer subject to restricted access. The
863	863	department shall notify the appropriate local juvenile probation
864	864	departments in the manner described by Section 58.203 that the
865	865	person's records are no longer subject to restricted access.
866	866	SECTION 4.26. Section 59.005(b), Family Code, is amended to
867	867	read as follows:
868	868	(b) The juvenile court or the probation department shall
869	869	discharge the child from the custody of the probation department on
870	870	the date the provisions of this section are met or on the child's
871	871	19th [18th] birthday, whichever is earlier.
872	872	SECTION 4.27. Section 59.006(b), Family Code, is amended to
873	873	read as follows:
874	874	(b) The juvenile court shall discharge the child from the
875	875	custody of the probation department on the date the provisions of
876	876	this section are met or on the child's 19th [18th] birthday,
877	877	whichever is earlier.
878	878	SECTION 4.28. Section 59.007(b), Family Code, is amended to
879	879	read as follows:
880	880	(b) The juvenile court shall discharge the child from the
881	881	custody of the probation department on the date the provisions of
882	882	this section are met or on the child's 19th [18th] birthday,
883	883	whichever is earlier.
884	884	SECTION 4.29. Section 59.008(b), Family Code, is amended to
885	885	read as follows:
886	886	(b) The juvenile court shall discharge the child from the
887	887	custody of the probation department on the date the provisions of
888	888	this section are met or on the child's 19th [18th] birthday,
889	889	whichever is earlier.
890	890	SECTION 4.30. Section 59.009(c), Family Code, is amended to
891	891	read as follows:
892	892	(c) The Texas Juvenile Justice Department, juvenile board,
893	893	or local juvenile probation department may discharge the child from
894	894	the custody of the department, board, or probation department, as
895	895	applicable, on the date the provisions of this section are met or on
896	896	the child's 20th [19th] birthday, whichever is earlier.
897	897	SECTION 4.31. Section 61.051(c), Family Code, is amended to
898	898	read as follows:
899	899	(c) The juvenile court retains jurisdiction to enter a
900	900	contempt order if the motion for enforcement is filed not later than
901	901	six months after the child's 19th [18th] birthday.
902	902	SECTION 4.32. Section 614.019(b), Health and Safety Code,
903	903	is amended to read as follows:
904	904	(b) A child with mental illness who is receiving continuity
905	905	of care services during parole from the Texas Juvenile Justice
906	906	Department [Youth Commission] and who is no longer eligible to
907	907	receive services from a local mental health authority when the
908	908	child becomes 18 [17] years of age because the child does not meet
909	909	the requirements of a local service area plan under Section
910	910	533.0352(a) may continue to receive continuity of care services
911	911	from the office until the child completes the child's parole.
912	912	SECTION 4.33. Section 63.001(1), Human Resources Code, is
913	913	amended to read as follows:
914	914	(1) "Juvenile" means a person from the age of 10 to 19
915	915	[18] years who has been found to have engaged in delinquent conduct
916	916	by a court of competent jurisdiction.
917	917	SECTION 4.34. Section 152.0015, Human Resources Code, is
918	918	amended to read as follows:
919	919	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
920	920	JUVENILES. A juvenile board shall establish a policy that
921	921	specifies whether a person who has been transferred for criminal
922	922	prosecution under Section 54.02, Family Code, and is younger than
923	923	18 [17] years of age may be detained in a juvenile facility pending
924	924	trial as provided by Section 51.12, Family Code.
925	925	SECTION 4.35. Sections 152.0016(e) and (j), Human Resources
926	926	Code, as added by Chapter 1323 (S.B. 511), Acts of the 83rd
927	927	Legislature, Regular Session, 2013, are amended to read as follows:
928	928	(e) A juvenile board or a local juvenile probation
929	929	department shall accept a person properly committed to it by a
930	930	juvenile court under Section 54.04011, Family Code, in the same
931	931	manner in which the Texas Juvenile Justice Department accepts a
932	932	person under Section 54.04(e), Family Code, even though the person
933	933	may be 18 [17] years of age or older at the time of the commitment.
934	934	(j) After a child committed to a post-adjudication secure
935	935	correctional facility with a determinate sentence under Section
936	936	54.04011(c)(2), Family Code, becomes 17 [16] years of age but
937	937	before the child becomes 20 [19] years of age, the juvenile board or
938	938	local juvenile probation department operating or contracting for
939	939	the operation of the facility may refer the child to the juvenile
940	940	court that entered the order of commitment for approval of the
941	941	child's transfer to the Texas Department of Criminal Justice for
942	942	confinement if the child has not completed the sentence and:
943	943	(1) the child's conduct, regardless of whether the
944	944	child was released under supervision through a program established
945	945	by the board or department, indicates that the welfare of the
946	946	community requires the transfer; or
947	947	(2) while the child was released under supervision:
948	948	(A) a juvenile court adjudicated the child as
949	949	having engaged in delinquent conduct constituting a felony offense;
950	950	(B) a criminal court convicted the child of a
951	951	felony offense; or
952	952	(C) the child's release under supervision was
953	953	revoked.
954	954	SECTION 4.36. Section 201.001(a)(2), Human Resources Code,
955	955	is amended to read as follows:
956	956	(2) "Child" means an individual:
957	957	(A) 10 years of age or older and younger than 19
958	958	[18] years of age who is under the jurisdiction of a juvenile court;
959	959	or
960	960	(B) 10 years of age or older and younger than 20
961	961	[19] years of age who is committed to the department under Title 3,
962	962	Family Code.
963	963	SECTION 4.37. Section 243.001(a), Human Resources Code, is
964	964	amended to read as follows:
965	965	(a) The department may not assign a child younger than 15
966	966	years of age to the same correctional facility dormitory as a person
967	967	who is at least 18 [17] years of age unless the department
968	968	determines that the placement is necessary to ensure the safety of
969	969	children in the custody of the department. This subsection does
970	970	not apply to a dormitory that is used exclusively for short-term
971	971	assessment and orientation purposes.
972	972	SECTION 4.38. Section 243.051(b), Human Resources Code, is
973	973	amended to read as follows:
974	974	(b) A child who is arrested or taken into custody under
975	975	Subsection (a) may be detained in any suitable place, including an
976	976	adult jail facility if the person is 18 [17] years of age or older,
977	977	until the child is returned to the custody of the department or
978	978	transported to a department facility.
979	979	SECTION 4.39. Section 244.015, Human Resources Code, is
980	980	amended to read as follows:
981	981	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
982	982	DETERMINATE SENTENCES. (a) When a child who is sentenced to
983	983	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
984	984	Family Code, becomes 19 [18] years of age, the department shall
985	985	evaluate whether the child is in need of additional services that
986	986	can be completed in the six-month period after the child's 19th
987	987	[18th] birthday to prepare the child for release from the custody of
988	988	the department or transfer to the Texas Department of Criminal
989	989	Justice.
990	990	(b) This section does not apply to a child who is released
991	991	from the custody of the department or who is transferred to the
992	992	Texas Department of Criminal Justice before the child's 19th [18th]
993	993	birthday.
994	994	SECTION 4.40. Section 245.053(i), Human Resources Code, is
995	995	amended to read as follows:
996	996	(i) If the department requires as a condition of release
997	997	that a child attend psychological counseling under Subsection (a),
998	998	the department may, before the date the period of release ends,
999	999	petition the appropriate court to request the court to extend the
1000	1000	period of release for an additional period necessary to complete
1001	1001	the required counseling as determined by the treatment provider,
1002	1002	except that the release period may not be extended to a date after
1003	1003	the date of the child's 19th [18th] birthday.
1004	1004	SECTION 4.41. (a) Except as provided by Subsection (b) or
1005	1005	(c) of this section, the changes in law made by this article apply
1006	1006	only to procedures relating to conduct violating a penal law of this
1007	1007	state that occurs on or after the effective date of this Act.
1008	1008	Procedures relating to conduct that occurs before the effective
1009	1009	date of this Act are governed by the law in effect on the date the
1010	1010	conduct occurred, and the former law is continued in effect for that
1011	1011	purpose.
1012	1012	(b) If the conduct violating a penal law of this state for
1013	1013	which a person was placed on probation occurred before September 1,
1014	1014	2011, the hearing required by Section 54.051, Family Code, must be
1015	1015	conducted before the person's 18th birthday and is governed by the
1016	1016	law in effect on the date the conduct occurred, and the former law
1017	1017	is continued in effect for that purpose.
1018	1018	(c) The change in law made by this Act to Section 58.0052,
1019	1019	Family Code, applies to the sharing of information on or after the
1020	1020	effective date of this Act, without regard to whether the
1021	1021	information was compiled before, on, or after that date.
1022	1022	(d) For purposes of this section, conduct violating a penal
1023	1023	law of this state occurred before the effective date of this Act if
1024	1024	any element of the conduct occurred before that date.
1025	1025	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1026	1026	RESPONSIBILITY
1027	1027	SECTION 5.01. Section 79.001(10), Government Code, is
1028	1028	amended to read as follows:
1029	1029	(10) "Juvenile offense" means conduct committed by a
1030	1030	person while younger than 18 [17] years of age that constitutes:
1031	1031	(A) a misdemeanor punishable by confinement; or
1032	1032	(B) a felony.
1033	1033	SECTION 5.02. Section 511.009(a), Government Code, is
1034	1034	amended to read as follows:
1035	1035	(a) The commission shall:
1036	1036	(1) adopt reasonable rules and procedures
1037	1037	establishing minimum standards for the construction, equipment,
1038	1038	maintenance, and operation of county jails;
1039	1039	(2) adopt reasonable rules and procedures
1040	1040	establishing minimum standards for the custody, care, and treatment
1041	1041	of prisoners;
1042	1042	(3) adopt reasonable rules establishing minimum
1043	1043	standards for the number of jail supervisory personnel and for
1044	1044	programs and services to meet the needs of prisoners;
1045	1045	(4) adopt reasonable rules and procedures
1046	1046	establishing minimum requirements for programs of rehabilitation,
1047	1047	education, and recreation in county jails;
1048	1048	(5) revise, amend, or change rules and procedures if
1049	1049	necessary;
1050	1050	(6) provide to local government officials
1051	1051	consultation on and technical assistance for county jails;
1052	1052	(7) review and comment on plans for the construction
1053	1053	and major modification or renovation of county jails;
1054	1054	(8) require that the sheriff and commissioners of each
1055	1055	county submit to the commission, on a form prescribed by the
1056	1056	commission, an annual report on the conditions in each county jail
1057	1057	within their jurisdiction, including all information necessary to
1058	1058	determine compliance with state law, commission orders, and the
1059	1059	rules adopted under this chapter;
1060	1060	(9) review the reports submitted under Subdivision (8)
1061	1061	and require commission employees to inspect county jails regularly
1062	1062	to ensure compliance with state law, commission orders, and rules
1063	1063	and procedures adopted under this chapter;
1064	1064	(10) adopt a classification system to assist sheriffs
1065	1065	and judges in determining which defendants are low-risk and
1066	1066	consequently suitable participants in a county jail work release
1067	1067	program under Article 42.034, Code of Criminal Procedure;
1068	1068	(11) adopt rules relating to requirements for
1069	1069	segregation of classes of inmates and to capacities for county
1070	1070	jails;
1071	1071	(12) require that the chief jailer of each municipal
1072	1072	lockup submit to the commission, on a form prescribed by the
1073	1073	commission, an annual report of persons under 18 [17] years of age
1074	1074	securely detained in the lockup, including all information
1075	1075	necessary to determine compliance with state law concerning secure
1076	1076	confinement of children in municipal lockups;
1077	1077	(13) at least annually determine whether each county
1078	1078	jail is in compliance with the rules and procedures adopted under
1079	1079	this chapter;
1080	1080	(14) require that the sheriff and commissioners court
1081	1081	of each county submit to the commission, on a form prescribed by the
1082	1082	commission, an annual report of persons under 18 [17] years of age
1083	1083	securely detained in the county jail, including all information
1084	1084	necessary to determine compliance with state law concerning secure
1085	1085	confinement of children in county jails;
1086	1086	(15) schedule announced and unannounced inspections
1087	1087	of jails under the commission's jurisdiction using the risk
1088	1088	assessment plan established under Section 511.0085 to guide the
1089	1089	inspections process;
1090	1090	(16) adopt a policy for gathering and distributing to
1091	1091	jails under the commission's jurisdiction information regarding:
1092	1092	(A) common issues concerning jail
1093	1093	administration;
1094	1094	(B) examples of successful strategies for
1095	1095	maintaining compliance with state law and the rules, standards, and
1096	1096	procedures of the commission; and
1097	1097	(C) solutions to operational challenges for
1098	1098	jails;
1099	1099	(17) report to the Texas Correctional Office on
1100	1100	Offenders with Medical or Mental Impairments on a jail's compliance
1101	1101	with Article 16.22, Code of Criminal Procedure;
1102	1102	(18) adopt reasonable rules and procedures
1103	1103	establishing minimum requirements for jails to:
1104	1104	(A) determine if a prisoner is pregnant; and
1105	1105	(B) ensure that the jail's health services plan
1106	1106	addresses medical and mental health care, including nutritional
1107	1107	requirements, and any special housing or work assignment needs for
1108	1108	persons who are confined in the jail and are known or determined to
1109	1109	be pregnant; and
1110	1110	(19) provide guidelines to sheriffs regarding
1111	1111	contracts between a sheriff and another entity for the provision of
1112	1112	food services to or the operation of a commissary in a jail under
1113	1113	the commission's jurisdiction, including specific provisions
1114	1114	regarding conflicts of interest and avoiding the appearance of
1115	1115	impropriety.
1116	1116	SECTION 5.03. Section 351.903(a), Local Government Code, is
1117	1117	amended to read as follows:
1118	1118	(a) To provide for the public safety, the commissioners
1119	1119	court of a county by order may adopt a curfew to regulate the
1120	1120	movements or actions of persons under 18 [17] years of age during
1121	1121	the period beginning one-half hour after sunset and extending until
1122	1122	one-half hour before sunrise or during school hours, or both. The
1123	1123	order applies only to the unincorporated area of the county.
1124	1124	SECTION 5.04. Section 521.201, Transportation Code, is
1125	1125	amended to read as follows:
1126	1126	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1127	1127	department may not issue any license to a person who:
1128	1128	(1) is under 15 years of age;
1129	1129	(2) is under 18 years of age unless the person complies
1130	1130	with the requirements imposed by Section 521.204;
1131	1131	(3) is shown to be addicted to the use of alcohol, a
1132	1132	controlled substance, or another drug that renders a person
1133	1133	incapable of driving;
1134	1134	(4) holds a driver's license issued by this state or
1135	1135	another state or country that is revoked, canceled, or under
1136	1136	suspension;
1137	1137	(5) has been determined by a judgment of a court to be
1138	1138	totally incapacitated or incapacitated to act as the operator of a
1139	1139	motor vehicle unless the person has, by the date of the license
1140	1140	application, been:
1141	1141	(A) restored to capacity by judicial decree; or
1142	1142	(B) released from a hospital for the mentally
1143	1143	incapacitated on a certificate by the superintendent or
1144	1144	administrator of the hospital that the person has regained
1145	1145	capacity;
1146	1146	(6) the department determines to be afflicted with a
1147	1147	mental or physical disability or disease that prevents the person
1148	1148	from exercising reasonable and ordinary control over a motor
1149	1149	vehicle while operating the vehicle on a highway, except that a
1150	1150	person may not be refused a license because of a physical defect if
1151	1151	common experience shows that the defect does not incapacitate a
1152	1152	person from safely operating a motor vehicle;
1153	1153	(7) has been reported by a court under Section
1154	1154	521.3452 for failure to appear unless the court has filed an
1155	1155	additional report on final disposition of the case; or
1156	1156	(8) has been reported by a court for failure to appear
1157	1157	or default in payment of a fine for a misdemeanor that is not
1158	1158	covered under Subdivision (7) and that is punishable by a fine only,
1159	1159	including a misdemeanor under a municipal ordinance, committed by a
1160	1160	person who was under 18 [17] years of age at the time of the alleged
1161	1161	offense, unless the court has filed an additional report on final
1162	1162	disposition of the case.
1163	1163	SECTION 5.05. Section 521.294, Transportation Code, is
1164	1164	amended to read as follows:
1165	1165	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1166	1166	REVOCATION. The department shall revoke the person's license if
1167	1167	the department determines that the person:
1168	1168	(1) is incapable of safely operating a motor vehicle;
1169	1169	(2) has not complied with the terms of a citation
1170	1170	issued by a jurisdiction that is a party to the Nonresident Violator
1171	1171	Compact of 1977 for a traffic violation to which that compact
1172	1172	applies;
1173	1173	(3) has failed to provide medical records or has
1174	1174	failed to undergo medical or other examinations as required by a
1175	1175	panel of the medical advisory board;
1176	1176	(4) has failed to pass an examination required by the
1177	1177	director under this chapter;
1178	1178	(5) has been reported by a court under Section
1179	1179	521.3452 for failure to appear unless the court files an additional
1180	1180	report on final disposition of the case;
1181	1181	(6) has been reported within the preceding two years
1182	1182	by a justice or municipal court for failure to appear or for a
1183	1183	default in payment of a fine for a misdemeanor punishable only by
1184	1184	fine, other than a failure reported under Section 521.3452,
1185	1185	committed by a person who is at least 14 years of age but younger
1186	1186	than 18 [17] years of age when the offense was committed, unless the
1187	1187	court files an additional report on final disposition of the case;
1188	1188	or
1189	1189	(7) has committed an offense in another state or
1190	1190	Canadian province that, if committed in this state, would be
1191	1191	grounds for revocation.
1192	1192	SECTION 5.06. Section 521.294(6), Transportation Code, as
1193	1193	amended by this article, applies only to an offense committed on or
1194	1194	after the effective date of this Act. An offense committed before
1195	1195	the effective date of this Act is governed by the law in effect on
1196	1196	the date the offense was committed, and the former law is continued
1197	1197	in effect for that purpose. For purposes of this section, an
1198	1198	offense was committed before the effective date of this Act if any
1199	1199	element of the offense occurred before that date.
1200	1200	ARTICLE 6. EFFECTIVE DATE
1201	1201	SECTION 6.01. This Act takes effect September 1, 2015.