84R1314 ADM-F
By: McClendon H.B. No. 69
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Juvenile Court Jurisdiction Task
Force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. JUVENILE COURT JURISDICTION TASK FORCE. (a) In
this Act:
(1) "Juvenile" means a person subject to the
jurisdiction of a juvenile court for acts committed when the person
was a child.
(2) "Task force" means the Juvenile Court Jurisdiction
Task Force established under this section.
(b) The Juvenile Court Jurisdiction Task Force is
established. The purpose of the task force is to:
(1) evaluate a proposal to define a person who is 17
years of age and commits an offense as a child under the Family Code
to include the person under the jurisdiction of a juvenile court;
and
(2) if the task force determines the legislature
should implement the proposal, develop an implementation plan that
includes legislative, administrative, and funding changes
necessary to implement the proposal.
(c) The task force is composed of the following 25 members:
(1) the chief justice of the supreme court or the chief
justice's designee;
(2) the presiding judge of the court of criminal
appeals or the presiding judge's designee;
(3) the executive director of the Texas Department of
Criminal Justice or the executive director's designee;
(4) the executive director of the Texas Juvenile
Justice Department or the executive director's designee;
(5) the executive director of the Commission on Jail
Standards or the executive director's designee;
(6) the public safety director of the Department of
Public Safety or the director's designee;
(7) the independent ombudsman of the Texas Juvenile
Justice Department or the independent ombudsman's designee;
(8) one representative of the Legislative Budget Board
with expertise in criminal justice population projections and
budget issues, appointed by the director of the Legislative Budget
Board;
(9) one prosecutor with expertise in prosecuting
juvenile offenders, appointed by the governor;
(10) one criminal defense lawyer, appointed by the
governor;
(11) one current or former juvenile court judge,
appointed by the chief justice of the supreme court;
(12) one current or former criminal court judge
appointed by the presiding judge of the court of criminal appeals;
(13) one school administrator, appointed by the
governor;
(14) one chief juvenile probation officer from an
urban county and one chief juvenile probation officer from a rural
county, appointed by the governor;
(15) one chief adult probation officer, appointed by
the governor;
(16) one police chief, appointed by the governor;
(17) one person with expertise in brain development or
adolescent mental health, appointed by the governor;
(18) one person who was adjudicated for a juvenile
offense in Texas, appointed by the governor;
(19) three members of the house of representatives,
appointed by the speaker of the house; and
(20) three members of the senate, appointed by the
lieutenant governor.
(d) The governor shall designate a member of the task force
to serve as presiding officer.
(e) The presiding officer may designate additional experts
to serve as advisors to the task force.
(f) A person designated to make an appointment of a member
of the task force shall make the appointment not later than the 60th
day after the effective date of this Act. The designated person
shall fill a vacancy in the task force or a vacancy in the position
of presiding officer of the task force by the appointment of another
person with the same qualifications as the original appointee.
(g) The presiding officer shall call the initial meeting of
the task force on or before December 1, 2015. The task force shall
meet at the times and places that the presiding officer determines
are appropriate. The task force shall adopt rules necessary to
fulfill the task force's duties under this Act.
(h) A member of the task force is not entitled to
compensation but may be entitled to reimbursement for the member's
actual and necessary expenses incurred in attending meetings of the
task force and performing other official duties authorized by the
presiding officer of the task force, if funding is available.
(i) The task force may request meeting facilities, data,
clerical help, or other assistance from any department, agency,
institution, office, or political subdivision of this state.
(j) State funds may not be appropriated for purposes of the
task force. The task force may apply for, receive, and accept
grants of funds or other contributions as appropriate to assist in
the performance of its duties. The task force may contract for
consultants or technical assistance.
(k) The task force is not subject to Chapter 2110,
Government Code.
SECTION 2. DUTIES OF TASK FORCE. (a) After evaluating the
proposal described by Section 1(b) of this Act, the task force shall
determine whether the legislature should implement that proposal.
To make the determination, the task force shall consider:
(1) the potential short-term and long-term benefits to
offenders, victims, and taxpayers;
(2) the requirements of federal law, including the
Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601 et
seq.), for the confinement of persons 17 years of age;
(3) the implications of the decisions of the United
States Supreme Court in Miller v. Alabama, 567 U.S. ____ (2012), and
similar cases involving the sentencing of persons younger than 18
years of age;
(4) appropriate sanctions, services, and treatment
programs for persons 17 years of age who have committed criminal
offenses and the effectiveness of the sanctions, services, and
programs;
(5) best practices and national trends in the
prosecution and sentencing of persons younger than 18 years of age;
(6) data about the nature and frequency of offenses
committed by persons 17 years of age in this state;
(7) the projected costs and savings for the state
criminal court and juvenile court systems, state and local law
enforcement, local adult and juvenile probation departments, state
and local correctional facilities, and facilities operated by the
Texas Juvenile Justice Department;
(8) which criminal and juvenile justice laws to amend,
including laws relating to traffic offenses, offenses under the
Education Code or Alcoholic Beverage Code, and laws relating to
criminal records; and
(9) any other issues that the task force considers
relevant to the proposal.
(b) The task force shall:
(1) develop the implementation plan relating to the
proposal described by Section 1(b) of this Act;
(2) calculate the projected state and local adult and
juvenile correctional facility populations if the plan is
implemented;
(3) conduct a cost-benefit analysis for each part of
the juvenile and adult criminal justice systems and for offenders,
victims, and taxpayers if the plan is implemented; and
(4) make findings and recommendations and describe
policy considerations relating to whether the proposal should be
adopted.
SECTION 3. REPORT. Not later than December 1, 2016, the
task force shall deliver an interim report of the task force's
findings and recommendations, including legislative,
administrative, and funding recommendations, to the governor, the
lieutenant governor, the speaker of the house of representatives,
the standing committees of each house of the legislature with
primary jurisdiction over criminal justice and juvenile justice
matters, the supreme court, the court of criminal appeals, the
executive director of the Texas Department of Criminal Justice, and
the executive director of the Texas Juvenile Justice Department.
SECTION 4. FINAL REPORT. The task force shall deliver a
final report not later than December 1, 2018, to the persons listed
in Section 3 of this Act describing the results of the
implementation of the laws enacted by the 85th Legislature relating
to the task force's recommendations and providing additional
legislative, administrative, or funding recommendations to make
the change in law more effective.
SECTION 5. EXPIRATION. The task force is abolished and this
Act expires August 31, 2019.
SECTION 6. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2015.