Texas 2015 - 84th Regular

Texas Senate Bill SB104 Compare Versions

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

Old	New	Differences
1	1	84R2655 ADM-F
2	2	By: Hinojosa S.B. No. 104
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 of
31	31	this state that occurs on or after the effective date of this Act.
32	32	An offense committed or conduct that occurs before the effective
33	33	date of this Act is governed by the law in effect on the date the
34	34	offense was committed or the conduct occurred, and the former law is
35	35	continued in effect for that purpose. For purposes of this section,
36	36	an offense was committed or conduct violating a penal law of this
37	37	state occurred before the effective date of this Act if any element
38	38	of the offense 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. Article 45.059(a), Code of Criminal
249	249	Procedure, is amended to read as follows:
250	250	(a) A peace officer taking into custody a person younger
251	251	than 18 [17] years of age for violation of a juvenile curfew
252	252	ordinance of a municipality or order of the commissioners court of a
253	253	county shall, without unnecessary delay:
254	254	(1) release the person to the person's parent,
255	255	guardian, or custodian;
256	256	(2) take the person before a justice or municipal
257	257	court to answer the charge; or
258	258	(3) take the person to a place designated as a juvenile
259	259	curfew processing office by the head of the law enforcement agency
260	260	having custody of the person.
261	261	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
262	262	Criminal Procedure, are amended to read as follows:
263	263	(a) Except as provided by Articles 45.058 and 45.059, an
264	264	individual may not be taken into secured custody for offenses
265	265	alleged to have occurred before the individual's 18th [17th]
266	266	birthday.
267	267	(b) On or after an individual's 18th [17th] birthday, if the
268	268	court has used all available procedures under this chapter to
269	269	secure the individual's appearance to answer allegations made
270	270	before the individual's 18th [17th] birthday, the court may issue a
271	271	notice of continuing obligation to appear by personal service or by
272	272	mail to the last known address and residence of the individual. The
273	273	notice must order the individual to appear at a designated time,
274	274	place, and date to answer the allegations detailed in the notice.
275	275	(e) A notice of continuing obligation to appear issued under
276	276	this article must contain the following statement provided in
277	277	boldfaced type or capital letters:
278	278	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
279	279	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
280	280	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
281	281	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
282	282	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
283	283	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
284	284	FOR YOUR ARREST."
285	285	SECTION 3.11. Article 62.001(6), Code of Criminal
286	286	Procedure, is amended to read as follows:
287	287	(6) "Sexually violent offense" means any of the
288	288	following offenses committed by a person 18 [17] years of age or
289	289	older:
290	290	(A) an offense under Section 21.02 (Continuous
291	291	sexual abuse of young child or children), 21.11(a)(1) (Indecency
292	292	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
293	293	sexual assault), Penal Code;
294	294	(B) an offense under Section 43.25 (Sexual
295	295	performance by a child), Penal Code;
296	296	(C) an offense under Section 20.04(a)(4)
297	297	(Aggravated kidnapping), Penal Code, if the defendant committed the
298	298	offense with intent to violate or abuse the victim sexually;
299	299	(D) an offense under Section 30.02 (Burglary),
300	300	Penal Code, if the offense is punishable under Subsection (d) of
301	301	that section and the defendant committed the offense with intent to
302	302	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
303	303	or
304	304	(E) an offense under the laws of another state,
305	305	federal law, the laws of a foreign country, or the Uniform Code of
306	306	Military Justice if the offense contains elements that are
307	307	substantially similar to the elements of an offense listed under
308	308	Paragraph (A), (B), (C), or (D).
309	309	SECTION 3.12. Section 37.085, Education Code, is amended to
310	310	read as follows:
311	311	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
312	312	MISDEMEANORS. Notwithstanding any other provision of law, a
313	313	warrant may not be issued for the arrest of a person for a Class C
314	314	misdemeanor under this code committed when the person was younger
315	315	than 18 [17] years of age.
316	316	SECTION 3.13. Section 521.453(i), Transportation Code, is
317	317	amended to read as follows:
318	318	(i) If the person ordered to perform community service under
319	319	Subsection (h) is younger than 18 [17] years of age, the community
320	320	service shall be performed as if ordered by a juvenile court under
321	321	Section 54.044(a), Family Code, as a condition of probation under
322	322	Section 54.04(d), Family Code.
323	323	SECTION 3.14. (a) Except as provided by Subsection (b) of
324	324	this section, the changes in law made by this article apply only to
325	325	an offense committed on or after the effective date of this Act. An
326	326	offense committed before the effective date of this Act is governed
327	327	by the law in effect on the date the offense was committed, and the
328	328	former law is continued in effect for that purpose.
329	329	(b) Articles 45.0216(b) and (h), Code of Criminal
330	330	Procedure, as amended by this article, apply only to the expunction
331	331	of certain records related to an offense committed on or after the
332	332	effective date of this Act. The expunction of certain records
333	333	related to an offense committed before the effective date of this
334	334	Act is governed by the law in effect on the date the offense was
335	335	committed, and the former law is continued in effect for that
336	336	purpose.
337	337	(c) For purposes of this section, an offense was committed
338	338	before the effective date of this Act if any element of the offense
339	339	occurred before that date.
340	340	ARTICLE 4. JUVENILE COURT PROCEDURES
341	341	SECTION 4.01. Section 51.041, Family Code, is amended to
342	342	read as follows:
343	343	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
344	344	retains jurisdiction over a person, without regard to the age of the
345	345	person, for conduct engaged in by the person before becoming 18 [17]
346	346	years of age if, as a result of an appeal by the person or the state
347	347	under Chapter 56 or by the person under Article 44.47, Code of
348	348	Criminal Procedure, of an order of the court, the order is reversed
349	349	or modified and the case remanded to the court by the appellate
350	350	court.
351	351	(b) If the respondent is at least 19 [18] years of age when
352	352	the order of remand from the appellate court is received by the
353	353	juvenile court, the juvenile court shall proceed as provided by
354	354	Sections 54.02(o)-(r) for the detention of a person at least 18
355	355	years of age in discretionary transfer proceedings. Pending
356	356	retrial of the adjudication or transfer proceeding, the juvenile
357	357	court may:
358	358	(1) order the respondent released from custody;
359	359	(2) order the respondent detained in a juvenile
360	360	detention facility; or
361	361	(3) set bond and order the respondent detained in a
362	362	county adult facility if bond is not made.
363	363	SECTION 4.02. Section 51.0412, Family Code, is amended to
364	364	read as follows:
365	365	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
366	366	The court retains jurisdiction over a person, without regard to the
367	367	age of the person, who is a respondent in an adjudication
368	368	proceeding, a disposition proceeding, a proceeding to modify
369	369	disposition, a proceeding for waiver of jurisdiction and transfer
370	370	to criminal court under Section 54.02(a), or a motion for transfer
371	371	of determinate sentence probation to an appropriate district court
372	372	if:
373	373	(1) the petition or motion was filed while the
374	374	respondent was younger than 19 or 20 [18 or 19] years of age, as
375	375	applicable;
376	376	(2) the proceeding is not complete before the
377	377	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
378	378	and
379	379	(3) the court enters a finding in the proceeding that
380	380	the prosecuting attorney exercised due diligence in an attempt to
381	381	complete the proceeding before the respondent became 19 or 20 [18 or
382	382	19] years of age, as applicable.
383	383	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
384	384	amended to read as follows:
385	385	(f) A child detained in a building that contains a jail,
386	386	lockup, or other place of secure confinement, including an alcohol
387	387	or other drug treatment facility, shall be separated by sight and
388	388	sound from adults detained in the same building. Children and
389	389	adults are separated by sight and sound only if they are unable to
390	390	see each other and conversation between them is not possible. The
391	391	separation must extend to all areas of the facility, including
392	392	sally ports and passageways, and those areas used for admission,
393	393	counseling, sleeping, toileting, showering, dining, recreational,
394	394	educational, or vocational activities, and health care. The
395	395	separation may be accomplished through architectural design. A
396	396	person who has been transferred for prosecution in criminal court
397	397	under Section 54.02 and is under 18 [17] years of age is considered
398	398	a child for the purposes of this subsection.
399	399	(h) This section does not apply to a person:
400	400	(1) who has been transferred to criminal court for
401	401	prosecution under Section 54.02 and is at least 18 [17] years of
402	402	age; or
403	403	(2) who is at least 18 [17] years of age and who has
404	404	been taken into custody after having:
405	405	(A) escaped from a juvenile facility operated by
406	406	or under contract with the Texas Juvenile Justice Department [Youth
407	407	Commission]; or
408	408	(B) violated a condition of release under
409	409	supervision of the Texas Juvenile Justice Department [Youth
410	410	Commission].
411	411	SECTION 4.04. Section 54.02(j), Family Code, is amended to
412	412	read as follows:
413	413	(j) The juvenile court may waive its exclusive original
414	414	jurisdiction and transfer a person to the appropriate district
415	415	court or criminal district court for criminal proceedings if:
416	416	(1) the person is 19 [18] years of age or older;
417	417	(2) the person was:
418	418	(A) 10 years of age or older and under 18 [17]
419	419	years of age at the time the person is alleged to have committed a
420	420	capital felony or an offense under Section 19.02, Penal Code;
421	421	(B) 14 years of age or older and under 18 [17]
422	422	years of age at the time the person is alleged to have committed an
423	423	aggravated controlled substance felony or a felony of the first
424	424	degree other than an offense under Section 19.02, Penal Code; or
425	425	(C) 15 years of age or older and under 18 [17]
426	426	years of age at the time the person is alleged to have committed a
427	427	felony of the second or third degree or a state jail felony;
428	428	(3) no adjudication concerning the alleged offense has
429	429	been made or no adjudication hearing concerning the offense has
430	430	been conducted;
431	431	(4) the juvenile court finds from a preponderance of
432	432	the evidence that:
433	433	(A) for a reason beyond the control of the state
434	434	it was not practicable to proceed in juvenile court before the 19th
435	435	[18th] birthday of the person; or
436	436	(B) after due diligence of the state it was not
437	437	practicable to proceed in juvenile court before the 19th [18th]
438	438	birthday of the person because:
439	439	(i) the state did not have probable cause to
440	440	proceed in juvenile court and new evidence has been found since the
441	441	19th [18th] birthday of the person;
442	442	(ii) the person could not be found; or
443	443	(iii) a previous transfer order was
444	444	reversed by an appellate court or set aside by a district court; and
445	445	(5) the juvenile court determines that there is
446	446	probable cause to believe that the child before the court committed
447	447	the offense alleged.
448	448	SECTION 4.05. Section 54.0326(b), Family Code, is amended
449	449	to read as follows:
450	450	(b) A juvenile court may defer adjudication proceedings
451	451	under Section 54.03 until the child's 19th [18th] birthday and
452	452	require a child to participate in a program established under
453	453	Section 152.0016, Human Resources Code, if the child:
454	454	(1) is alleged to have engaged in delinquent conduct
455	455	or conduct indicating a need for supervision and may be a victim of
456	456	conduct that constitutes an offense under Section 20A.02, Penal
457	457	Code; and
458	458	(2) presents to the court an oral or written request to
459	459	participate in the program.
460	460	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
461	461	are amended to read as follows:
462	462	(e) The Texas Juvenile Justice Department [Youth
463	463	Commission] shall accept a person properly committed to it by a
464	464	juvenile court even though the person may be 18 [17] years of age or
465	465	older at the time of commitment.
466	466	(l) Except as provided by Subsection (q), a court or jury
467	467	may place a child on probation under Subsection (d)(1) for any
468	468	period, except that probation may not continue on or after the
469	469	child's 19th [18th] birthday. Except as provided by Subsection
470	470	(q), the court may, before the period of probation ends, extend the
471	471	probation for any period, except that the probation may not extend
472	472	to or after the child's 19th [18th] birthday.
473	473	(q) If a court or jury sentences a child to commitment in the
474	474	Texas Juvenile Justice Department or a post-adjudication secure
475	475	correctional facility under Subsection (d)(3) for a term of not
476	476	more than 10 years, the court or jury may place the child on
477	477	probation under Subsection (d)(1) as an alternative to making the
478	478	disposition under Subsection (d)(3). The court shall prescribe
479	479	the period of probation ordered under this subsection for a term of
480	480	not more than 10 years. The court may, before the sentence of
481	481	probation expires, extend the probationary period under Section
482	482	54.05, except that the sentence of probation and any extension may
483	483	not exceed 10 years. The court may, before the child's 20th [19th]
484	484	birthday, discharge the child from the sentence of probation. If a
485	485	sentence of probation ordered under this subsection and any
486	486	extension of probation ordered under Section 54.05 will continue
487	487	after the child's 20th [19th] birthday, the court shall discharge
488	488	the child from the sentence of probation on the child's 20th [19th]
489	489	birthday unless the court transfers the child to an appropriate
490	490	district court under Section 54.051.
491	491	SECTION 4.07. Section 54.0405(i), Family Code, is amended
492	492	to read as follows:
493	493	(i) A court that requires as a condition of probation that a
494	494	child attend psychological counseling under Subsection (a) may,
495	495	before the date the probation period ends, extend the probation for
496	496	any additional period necessary to complete the required counseling
497	497	as determined by the treatment provider, except that the probation
498	498	may not be extended to a date after the date of the child's 19th
499	499	[18th] birthday, or 20th [19th] birthday if the child is placed on
500	500	determinate sentence probation under Section 54.04(q).
501	501	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
502	502	amended to read as follows:
503	503	(b) If a child is found to have engaged in delinquent
504	504	conduct or conduct indicating a need for supervision arising from
505	505	the commission of an offense in which property damage or loss or
506	506	personal injury occurred, the juvenile court, on notice to all
507	507	persons affected and on hearing, may order the child or a parent to
508	508	make full or partial restitution to the victim of the offense. The
509	509	program of restitution must promote the rehabilitation of the
510	510	child, be appropriate to the age and physical, emotional, and
511	511	mental abilities of the child, and not conflict with the child's
512	512	schooling. When practicable and subject to court supervision, the
513	513	court may approve a restitution program based on a settlement
514	514	between the child and the victim of the offense. An order under
515	515	this subsection may provide for periodic payments by the child or a
516	516	parent of the child for the period specified in the order but except
517	517	as provided by Subsection (h), that period may not extend past the
518	518	date of the 19th [18th] birthday of the child or past the date the
519	519	child is no longer enrolled in an accredited secondary school in a
520	520	program leading toward a high school diploma, whichever date is
521	521	later.
522	522	(h) If the juvenile court places the child on probation in a
523	523	determinate sentence proceeding initiated under Section 53.045 and
524	524	transfers supervision on the child's 20th [19th] birthday to a
525	525	district court for placement on community supervision, the district
526	526	court shall require the payment of any unpaid restitution as a
527	527	condition of the community supervision. The liability of the
528	528	child's parent for restitution may not be extended by transfer to a
529	529	district court for supervision.
530	530	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
531	531	amended to read as follows:
532	532	(a) Except as provided by Subsection (a-1), any
533	533	disposition, except a commitment to the Texas Juvenile Justice
534	534	Department [Youth Commission], may be modified by the juvenile
535	535	court as provided in this section until:
536	536	(1) the child reaches:
537	537	(A) the child's 19th [18th] birthday; or
538	538	(B) the child's 20th [19th] birthday, if the
539	539	child was placed on determinate sentence probation under Section
540	540	54.04(q); or
541	541	(2) the child is earlier discharged by the court or
542	542	operation of law.
543	543	(b) Except for a commitment to the Texas Juvenile Justice
544	544	Department or to a post-adjudication secure correctional facility
545	545	under Section 54.04011, a disposition under Section 54.0402, or a
546	546	placement on determinate sentence probation under Section
547	547	54.04(q), all dispositions automatically terminate when the child
548	548	reaches the child's 19th [18th] birthday.
549	549	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
550	550	(i), Family Code, are amended to read as follows:
551	551	(a) On motion of the state concerning a child who is placed
552	552	on probation under Section 54.04(q) for a period, including any
553	553	extension ordered under Section 54.05, that will continue after the
554	554	child's 20th [19th] birthday, the juvenile court shall hold a
555	555	hearing to determine whether to transfer the child to an
556	556	appropriate district court or discharge the child from the sentence
557	557	of probation.
558	558	(b) The hearing must be conducted before the person's 20th
559	559	[19th] birthday[, or before the person's 18th birthday if the
560	560	offense for which the person was placed on probation occurred
561	561	before September 1, 2011,] and must be conducted in the same manner
562	562	as a hearing to modify disposition under Section 54.05.
563	563	(c) If, after a hearing, the court determines to discharge
564	564	the child, the court shall specify a date on or before the child's
565	565	20th [19th] birthday to discharge the child from the sentence of
566	566	probation.
567	567	(d) If, after a hearing, the court determines to transfer
568	568	the child, the court shall transfer the child to an appropriate
569	569	district court on the child's 20th [19th] birthday.
570	570	(e-2) If a person who is placed on community supervision
571	571	under this section violates a condition of that supervision or if
572	572	the person violated a condition of probation ordered under Section
573	573	54.04(q) and that probation violation was not discovered by the
574	574	state before the person's 20th [19th] birthday, the district court
575	575	shall dispose of the violation of community supervision or
576	576	probation, as appropriate, in the same manner as if the court had
577	577	originally exercised jurisdiction over the case. If the judge
578	578	revokes community supervision, the judge may reduce the prison
579	579	sentence to any length without regard to the minimum term imposed by
580	580	Section 23(a), Article 42.12, Code of Criminal Procedure.
581	581	(i) If the juvenile court exercises jurisdiction over a
582	582	person who is 19 or 20 [18 or 19] years of age or older, as
583	583	applicable, under Section 51.041 or 51.0412, the court or jury may,
584	584	if the person is otherwise eligible, place the person on probation
585	585	under Section 54.04(q). The juvenile court shall set the
586	586	conditions of probation and immediately transfer supervision of the
587	587	person to the appropriate court exercising criminal jurisdiction
588	588	under Subsection (e).
589	589	SECTION 4.11. Section 54.11(l), Family Code, is amended to
590	590	read as follows:
591	591	(l) Pending the conclusion of a transfer hearing, the
592	592	juvenile court shall order that the person who is referred for
593	593	transfer be detained in a certified juvenile detention facility as
594	594	provided by Subsection (m). If the person is at least 18 [17] years
595	595	of age, the juvenile court may order that the person be detained
596	596	without bond in an appropriate county facility for the detention of
597	597	adults accused of criminal offenses.
598	598	SECTION 4.12. Section 55.15, Family Code, is amended to
599	599	read as follows:
600	600	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
601	601	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
602	602	which the child's case is referred under Section 55.12(2) orders
603	603	mental health services for the child, the child shall be cared for,
604	604	treated, and released in conformity to Subtitle C, Title 7, Health
605	605	and Safety Code, except:
606	606	(1) a court order for mental health services for a
607	607	child automatically expires on the 120th day after the date the
608	608	child becomes 19 [18] years of age; and
609	609	(2) the administrator of a mental health facility
610	610	shall notify, in writing, by certified mail, return receipt
611	611	requested, the juvenile court that ordered mental health services
612	612	or the juvenile court that referred the case to a court that ordered
613	613	the mental health services of the intent to discharge the child at
614	614	least 10 days prior to discharge.
615	615	SECTION 4.13. Section 55.18, Family Code, is amended to
616	616	read as follows:
617	617	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
618	618	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
619	619	mental health facility before reaching 19 [18] years of age, the
620	620	juvenile court may:
621	621	(1) dismiss the juvenile court proceedings with
622	622	prejudice; or
623	623	(2) continue with proceedings under this title as
624	624	though no order of mental health services had been made.
625	625	SECTION 4.14. The heading to Section 55.19, Family Code, is
626	626	amended to read as follows:
627	627	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
628	628	BIRTHDAY.
629	629	SECTION 4.15. Section 55.19(a), Family Code, is amended to
630	630	read as follows:
631	631	(a) The juvenile court shall transfer all pending
632	632	proceedings from the juvenile court to a criminal court on the 19th
633	633	[18th] birthday of a child for whom the juvenile court or a court to
634	634	which the child's case is referred under Section 55.12(2) has
635	635	ordered inpatient mental health services if:
636	636	(1) the child is not discharged or furloughed from the
637	637	inpatient mental health facility before reaching 19 [18] years of
638	638	age; and
639	639	(2) the child is alleged to have engaged in delinquent
640	640	conduct that included a violation of a penal law listed in Section
641	641	53.045 and no adjudication concerning the alleged conduct has been
642	642	made.
643	643	SECTION 4.16. Section 55.43(a), Family Code, is amended to
644	644	read as follows:
645	645	(a) The prosecuting attorney may file with the juvenile
646	646	court a motion for a restoration hearing concerning a child if:
647	647	(1) the child is found unfit to proceed as a result of
648	648	mental illness or intellectual disability [mental retardation];
649	649	and
650	650	(2) the child:
651	651	(A) is not:
652	652	(i) ordered by a court to receive inpatient
653	653	mental health services;
654	654	(ii) committed by a court to a residential
655	655	care facility; or
656	656	(iii) ordered by a court to receive
657	657	treatment on an outpatient basis; or
658	658	(B) is discharged or currently on furlough from a
659	659	mental health facility or outpatient center before the child
660	660	reaches 19 [18] years of age.
661	661	SECTION 4.17. The heading to Section 55.44, Family Code, is
662	662	amended to read as follows:
663	663	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
664	664	BIRTHDAY OF CHILD.
665	665	SECTION 4.18. Section 55.44(a), Family Code, is amended to
666	666	read as follows:
667	667	(a) The juvenile court shall transfer all pending
668	668	proceedings from the juvenile court to a criminal court on the 19th
669	669	[18th] birthday of a child for whom the juvenile court or a court to
670	670	which the child's case is referred has ordered inpatient mental
671	671	health services or residential care for persons with intellectual
672	672	disabilities [mental retardation] if:
673	673	(1) the child is not discharged or currently on
674	674	furlough from the facility before reaching 19 [18] years of age; and
675	675	(2) the child is alleged to have engaged in delinquent
676	676	conduct that included a violation of a penal law listed in Section
677	677	53.045 and no adjudication concerning the alleged conduct has been
678	678	made.
679	679	SECTION 4.19. Sections 58.003(c), (c-2), (c-4), (c-6), and
680	680	(c-8), Family Code, are amended to read as follows:
681	681	(c) Subject to Subsection (b), a court may order the sealing
682	682	of records concerning a person adjudicated as having engaged in
683	683	delinquent conduct that violated a penal law of the grade of felony
684	684	only if:
685	685	(1) the person is 20 [19] years of age or older;
686	686	(2) the person was not transferred by a juvenile court
687	687	under Section 54.02 to a criminal court for prosecution;
688	688	(3) the records have not been used as evidence in the
689	689	punishment phase of a criminal proceeding under Section 3(a),
690	690	Article 37.07, Code of Criminal Procedure; and
691	691	(4) the person has not been convicted of a penal law of
692	692	the grade of felony after becoming age 18 [17].
693	693	(c-2) If the court orders the sealing of a child's records
694	694	under Subsection (c-1), a prosecuting attorney or juvenile
695	695	probation department may maintain until the child's 18th [17th]
696	696	birthday a separate record of the child's name and date of birth and
697	697	the date the child successfully completed the drug court
698	698	program. The prosecuting attorney or juvenile probation
699	699	department, as applicable, shall send the record to the court as
700	700	soon as practicable after the child's 18th [17th] birthday to be
701	701	added to the child's other sealed records.
702	702	(c-4) A prosecuting attorney or juvenile probation
703	703	department may maintain until a child's 18th [17th] birthday a
704	704	separate record of the child's name and date of birth and the date
705	705	on which the child's records are sealed, if the child's records are
706	706	sealed under Subsection (c-3). The prosecuting attorney or
707	707	juvenile probation department, as applicable, shall send the record
708	708	to the court as soon as practicable after the child's 18th [17th]
709	709	birthday to be added to the child's other sealed records.
710	710	(c-6) A prosecuting attorney or juvenile probation
711	711	department may maintain until a child's 18th [17th] birthday a
712	712	separate record of the child's name and date of birth and the date
713	713	on which the child successfully completed the educational program,
714	714	if the child's records are sealed under Subsection (c-5). The
715	715	prosecuting attorney or juvenile probation department, as
716	716	applicable, shall send the record to the court as soon as
717	717	practicable after the child's 18th [17th] birthday to be added to
718	718	the child's other sealed records.
719	719	(c-8) If the court orders the sealing of a child's records
720	720	under Subsection (c-7), a prosecuting attorney or juvenile
721	721	probation department may maintain until the child's 19th [18th]
722	722	birthday a separate record of the child's name and date of birth and
723	723	the date the child successfully completed the trafficked persons
724	724	program. The prosecuting attorney or juvenile probation
725	725	department, as applicable, shall send the record to the court as
726	726	soon as practicable after the child's 19th [18th] birthday to be
727	727	added to the child's other sealed records.
728	728	SECTION 4.20. Section 58.0052(a)(2), Family Code, is
729	729	amended to read as follows:
730	730	(2) "Multi-system youth" means a person who:
731	731	(A) is younger than 20 [19] years of age; and
732	732	(B) has received services from two or more
733	733	juvenile service providers.
734	734	SECTION 4.21. Section 58.0071(d), Family Code, is amended
735	735	to read as follows:
736	736	(d) The physical records and files of a juvenile case may
737	737	only be destroyed if the child who is the respondent in the case:
738	738	(1) is at least 19 [18] years of age and:
739	739	(A) the most serious allegation adjudicated was
740	740	conduct indicating a need for supervision;
741	741	(B) the most serious allegation was conduct
742	742	indicating a need for supervision and there was not an
743	743	adjudication; or
744	744	(C) the referral or information did not relate to
745	745	conduct indicating a need for supervision or delinquent conduct and
746	746	the juvenile court or the court's staff did not take action on the
747	747	referral or information for that reason;
748	748	(2) is at least 21 years of age and:
749	749	(A) the most serious allegation adjudicated was
750	750	delinquent conduct that violated a penal law of the grade of
751	751	misdemeanor; or
752	752	(B) the most serious allegation was delinquent
753	753	conduct that violated a penal law of the grade of misdemeanor or
754	754	felony and there was not an adjudication; or
755	755	(3) is at least 31 years of age and the most serious
756	756	allegation adjudicated was delinquent conduct that violated a penal
757	757	law of the grade of felony.
758	758	SECTION 4.22. Section 58.203(a), Family Code, is amended to
759	759	read as follows:
760	760	(a) The department shall certify to the juvenile probation
761	761	department to which a referral was made that resulted in
762	762	information being submitted to the juvenile justice information
763	763	system that the records relating to a person's juvenile case are
764	764	subject to automatic restriction of access if:
765	765	(1) the person is at least 18 [17] years of age;
766	766	(2) the juvenile case did not include conduct
767	767	resulting in determinate sentence proceedings in the juvenile court
768	768	under Section 53.045; and
769	769	(3) the juvenile case was not certified for trial in
770	770	criminal court under Section 54.02.
771	771	SECTION 4.23. Section 58.208, Family Code, is amended to
772	772	read as follows:
773	773	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
774	774	final discharge of a child from the juvenile system or on the last
775	775	official action in the case, if there is no adjudication, the
776	776	appropriate juvenile justice official shall provide to the child:
777	777	(1) a written explanation of how automatic restricted
778	778	access under this subchapter works;
779	779	(2) a copy of this subchapter; and
780	780	(3) a statement that if the child wishes to receive
781	781	notification of an action restricting access to the child's records
782	782	under Section 58.207(a), the child must before the child's 18th
783	783	[17th] birthday provide the juvenile probation department with a
784	784	current address where the child can receive notification.
785	785	SECTION 4.24. Section 58.209(a), Family Code, is amended to
786	786	read as follows:
787	787	(a) When a child is placed on probation for an offense that
788	788	may be eligible for automatic restricted access at age 18 [17] or
789	789	when a child is received by the Texas Juvenile Justice Department on
790	790	an indeterminate commitment, a probation officer or an official at
791	791	the Texas Juvenile Justice Department reception center, as soon as
792	792	practicable, shall explain the substance of the following
793	793	information to the child:
794	794	(1) if the child was adjudicated as having committed
795	795	delinquent conduct for a felony or jailable misdemeanor, that the
796	796	child probably has a juvenile record with the department and the
797	797	Federal Bureau of Investigation;
798	798	(2) that the child's juvenile record is a permanent
799	799	record that is not destroyed or erased unless the record is eligible
800	800	for sealing and the child or the child's family hires a lawyer and
801	801	files a petition in court to have the record sealed;
802	802	(3) that the child's juvenile record, other than
803	803	treatment records made confidential by law, can be accessed by
804	804	police, sheriff's officers, prosecutors, probation officers,
805	805	correctional officers, and other criminal and juvenile justice
806	806	officials in this state and elsewhere;
807	807	(4) that the child's juvenile record, other than
808	808	treatment records made confidential by law, can be accessed by
809	809	employers, educational institutions, licensing agencies, and other
810	810	organizations when the child applies for employment or educational
811	811	programs;
812	812	(5) if the child's juvenile record is placed on
813	813	restricted access when the child becomes 18 [17] years of age, that
814	814	access will be denied to employers, educational institutions, and
815	815	others except for criminal justice agencies;
816	816	(6) that restricted access does not require any action
817	817	by the child or the child's family, including the filing of a
818	818	petition or hiring of a lawyer, but occurs automatically at age 18
819	819	[17]; and
820	820	(7) that if the child is under the jurisdiction of the
821	821	juvenile court or the Texas Juvenile Justice Department on or after
822	822	the child's 18th [17th] birthday, the law regarding restricted
823	823	access will not apply until the person is discharged from the
824	824	jurisdiction of the court or department, as appropriate.
825	825	SECTION 4.25. Section 58.211(a), Family Code, is amended to
826	826	read as follows:
827	827	(a) If the department has notified a juvenile probation
828	828	department that a record has been placed on restricted access and
829	829	the department later receives information in the department's
830	830	criminal history system that the subject of the records has been
831	831	convicted of or placed on deferred adjudication for a felony or a
832	832	misdemeanor punishable by confinement in jail for an offense
833	833	committed after the person reached the age of 18 [17], the person's
834	834	juvenile records are no longer subject to restricted access. The
835	835	department shall notify the appropriate local juvenile probation
836	836	departments in the manner described by Section 58.203 that the
837	837	person's records are no longer subject to restricted access.
838	838	SECTION 4.26. Section 59.005(b), Family Code, is amended to
839	839	read as follows:
840	840	(b) The juvenile court or the probation department shall
841	841	discharge the child from the custody of the probation department on
842	842	the date the provisions of this section are met or on the child's
843	843	19th [18th] birthday, whichever is earlier.
844	844	SECTION 4.27. Section 59.006(b), Family Code, is amended to
845	845	read as follows:
846	846	(b) The juvenile court shall discharge the child from the
847	847	custody of the probation department on the date the provisions of
848	848	this section are met or on the child's 19th [18th] birthday,
849	849	whichever is earlier.
850	850	SECTION 4.28. Section 59.007(b), Family Code, is amended to
851	851	read as follows:
852	852	(b) The juvenile court shall discharge the child from the
853	853	custody of the probation department on the date the provisions of
854	854	this section are met or on the child's 19th [18th] birthday,
855	855	whichever is earlier.
856	856	SECTION 4.29. Section 59.008(b), Family Code, is amended to
857	857	read as follows:
858	858	(b) The juvenile court shall discharge the child from the
859	859	custody of the probation department on the date the provisions of
860	860	this section are met or on the child's 19th [18th] birthday,
861	861	whichever is earlier.
862	862	SECTION 4.30. Section 59.009(c), Family Code, is amended to
863	863	read as follows:
864	864	(c) The Texas Juvenile Justice Department, juvenile board,
865	865	or local juvenile probation department may discharge the child from
866	866	the custody of the department, board, or probation department, as
867	867	applicable, on the date the provisions of this section are met or on
868	868	the child's 20th [19th] birthday, whichever is earlier.
869	869	SECTION 4.31. Section 61.051(c), Family Code, is amended to
870	870	read as follows:
871	871	(c) The juvenile court retains jurisdiction to enter a
872	872	contempt order if the motion for enforcement is filed not later than
873	873	six months after the child's 19th [18th] birthday.
874	874	SECTION 4.32. Section 614.019(b), Health and Safety Code,
875	875	is amended to read as follows:
876	876	(b) A child with mental illness who is receiving continuity
877	877	of care services during parole from the Texas Juvenile Justice
878	878	Department [Youth Commission] and who is no longer eligible to
879	879	receive services from a local mental health authority when the
880	880	child becomes 18 [17] years of age because the child does not meet
881	881	the requirements of a local service area plan under Section
882	882	533.0352(a) may continue to receive continuity of care services
883	883	from the office until the child completes the child's parole.
884	884	SECTION 4.33. Section 63.001(1), Human Resources Code, is
885	885	amended to read as follows:
886	886	(1) "Juvenile" means a person from the age of 10 to 19
887	887	[18] years who has been found to have engaged in delinquent conduct
888	888	by a court of competent jurisdiction.
889	889	SECTION 4.34. Section 152.0015, Human Resources Code, is
890	890	amended to read as follows:
891	891	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
892	892	JUVENILES. A juvenile board shall establish a policy that
893	893	specifies whether a person who has been transferred for criminal
894	894	prosecution under Section 54.02, Family Code, and is younger than
895	895	18 [17] years of age may be detained in a juvenile facility pending
896	896	trial as provided by Section 51.12, Family Code.
897	897	SECTION 4.35. Sections 152.0016(e) and (j), Human Resources
898	898	Code, as added by Chapter 1323 (S.B. 511), Acts of the 83rd
899	899	Legislature, Regular Session, 2013, are amended to read as follows:
900	900	(e) A juvenile board or a local juvenile probation
901	901	department shall accept a person properly committed to it by a
902	902	juvenile court under Section 54.04011, Family Code, in the same
903	903	manner in which the Texas Juvenile Justice Department accepts a
904	904	person under Section 54.04(e), Family Code, even though the person
905	905	may be 18 [17] years of age or older at the time of the commitment.
906	906	(j) After a child committed to a post-adjudication secure
907	907	correctional facility with a determinate sentence under Section
908	908	54.04011(c)(2), Family Code, becomes 17 [16] years of age but
909	909	before the child becomes 20 [19] years of age, the juvenile board or
910	910	local juvenile probation department operating or contracting for
911	911	the operation of the facility may refer the child to the juvenile
912	912	court that entered the order of commitment for approval of the
913	913	child's transfer to the Texas Department of Criminal Justice for
914	914	confinement if the child has not completed the sentence and:
915	915	(1) the child's conduct, regardless of whether the
916	916	child was released under supervision through a program established
917	917	by the board or department, indicates that the welfare of the
918	918	community requires the transfer; or
919	919	(2) while the child was released under supervision:
920	920	(A) a juvenile court adjudicated the child as
921	921	having engaged in delinquent conduct constituting a felony offense;
922	922	(B) a criminal court convicted the child of a
923	923	felony offense; or
924	924	(C) the child's release under supervision was
925	925	revoked.
926	926	SECTION 4.36. Section 201.001(a)(2), Human Resources Code,
927	927	is amended to read as follows:
928	928	(2) "Child" means an individual:
929	929	(A) 10 years of age or older and younger than 19
930	930	[18] years of age who is under the jurisdiction of a juvenile court;
931	931	or
932	932	(B) 10 years of age or older and younger than 20
933	933	[19] years of age who is committed to the department under Title 3,
934	934	Family Code.
935	935	SECTION 4.37. Section 243.001(a), Human Resources Code, is
936	936	amended to read as follows:
937	937	(a) The department may not assign a child younger than 15
938	938	years of age to the same correctional facility dormitory as a person
939	939	who is at least 18 [17] years of age unless the department
940	940	determines that the placement is necessary to ensure the safety of
941	941	children in the custody of the department. This subsection does
942	942	not apply to a dormitory that is used exclusively for short-term
943	943	assessment and orientation purposes.
944	944	SECTION 4.38. Section 243.051(b), Human Resources Code, is
945	945	amended to read as follows:
946	946	(b) A child who is arrested or taken into custody under
947	947	Subsection (a) may be detained in any suitable place, including an
948	948	adult jail facility if the person is 18 [17] years of age or older,
949	949	until the child is returned to the custody of the department or
950	950	transported to a department facility.
951	951	SECTION 4.39. Section 244.015, Human Resources Code, is
952	952	amended to read as follows:
953	953	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
954	954	DETERMINATE SENTENCES. (a) When a child who is sentenced to
955	955	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
956	956	Family Code, becomes 19 [18] years of age, the department shall
957	957	evaluate whether the child is in need of additional services that
958	958	can be completed in the six-month period after the child's 19th
959	959	[18th] birthday to prepare the child for release from the custody of
960	960	the department or transfer to the Texas Department of Criminal
961	961	Justice.
962	962	(b) This section does not apply to a child who is released
963	963	from the custody of the department or who is transferred to the
964	964	Texas Department of Criminal Justice before the child's 19th [18th]
965	965	birthday.
966	966	SECTION 4.40. Section 245.053(i), Human Resources Code, is
967	967	amended to read as follows:
968	968	(i) If the department requires as a condition of release
969	969	that a child attend psychological counseling under Subsection (a),
970	970	the department may, before the date the period of release ends,
971	971	petition the appropriate court to request the court to extend the
972	972	period of release for an additional period necessary to complete
973	973	the required counseling as determined by the treatment provider,
974	974	except that the release period may not be extended to a date after
975	975	the date of the child's 19th [18th] birthday.
976	976	SECTION 4.41. (a) Except as provided by Subsection (b) or
977	977	(c) of this section, the changes in law made by this article apply
978	978	only to procedures relating to conduct violating a penal law of this
979	979	state that occurs on or after the effective date of this Act.
980	980	Procedures relating to conduct that occurred before the effective
981	981	date of this Act are governed by the law in effect on the date the
982	982	conduct occurred, and the former law is continued in effect for that
983	983	purpose.
984	984	(b) If the conduct violating a penal law of this state for
985	985	which a person was placed on probation occurred before September 1,
986	986	2011, the hearing required by Section 54.051, Family Code, must be
987	987	conducted before the person's 18th birthday and is governed by the
988	988	law in effect on the date the conduct occurred, and the former law
989	989	is continued in effect for that purpose.
990	990	(c) The change in law made by this Act to Section 58.0052,
991	991	Family Code, applies to the sharing of information on or after the
992	992	effective date of this Act, without regard to whether the
993	993	information was compiled before, on, or after that date.
994	994	(d) For purposes of this section, conduct violating a penal
995	995	law of this state occurred before a certain date if any element of
996	996	the conduct occurred before that date.
997	997	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
998	998	RESPONSIBILITY
999	999	SECTION 5.01. Section 79.001(10), Government Code, is
1000	1000	amended to read as follows:
1001	1001	(10) "Juvenile offense" means conduct committed by a
1002	1002	person while younger than 18 [17] years of age that constitutes:
1003	1003	(A) a misdemeanor punishable by confinement; or
1004	1004	(B) a felony.
1005	1005	SECTION 5.02. Section 511.009(a), Government Code, is
1006	1006	amended to read as follows:
1007	1007	(a) The commission shall:
1008	1008	(1) adopt reasonable rules and procedures
1009	1009	establishing minimum standards for the construction, equipment,
1010	1010	maintenance, and operation of county jails;
1011	1011	(2) adopt reasonable rules and procedures
1012	1012	establishing minimum standards for the custody, care, and treatment
1013	1013	of prisoners;
1014	1014	(3) adopt reasonable rules establishing minimum
1015	1015	standards for the number of jail supervisory personnel and for
1016	1016	programs and services to meet the needs of prisoners;
1017	1017	(4) adopt reasonable rules and procedures
1018	1018	establishing minimum requirements for programs of rehabilitation,
1019	1019	education, and recreation in county jails;
1020	1020	(5) revise, amend, or change rules and procedures if
1021	1021	necessary;
1022	1022	(6) provide to local government officials
1023	1023	consultation on and technical assistance for county jails;
1024	1024	(7) review and comment on plans for the construction
1025	1025	and major modification or renovation of county jails;
1026	1026	(8) require that the sheriff and commissioners of each
1027	1027	county submit to the commission, on a form prescribed by the
1028	1028	commission, an annual report on the conditions in each county jail
1029	1029	within their jurisdiction, including all information necessary to
1030	1030	determine compliance with state law, commission orders, and the
1031	1031	rules adopted under this chapter;
1032	1032	(9) review the reports submitted under Subdivision (8)
1033	1033	and require commission employees to inspect county jails regularly
1034	1034	to ensure compliance with state law, commission orders, and rules
1035	1035	and procedures adopted under this chapter;
1036	1036	(10) adopt a classification system to assist sheriffs
1037	1037	and judges in determining which defendants are low-risk and
1038	1038	consequently suitable participants in a county jail work release
1039	1039	program under Article 42.034, Code of Criminal Procedure;
1040	1040	(11) adopt rules relating to requirements for
1041	1041	segregation of classes of inmates and to capacities for county
1042	1042	jails;
1043	1043	(12) require that the chief jailer of each municipal
1044	1044	lockup submit to the commission, on a form prescribed by the
1045	1045	commission, an annual report of persons under 18 [17] years of age
1046	1046	securely detained in the lockup, including all information
1047	1047	necessary to determine compliance with state law concerning secure
1048	1048	confinement of children in municipal lockups;
1049	1049	(13) at least annually determine whether each county
1050	1050	jail is in compliance with the rules and procedures adopted under
1051	1051	this chapter;
1052	1052	(14) require that the sheriff and commissioners court
1053	1053	of each county submit to the commission, on a form prescribed by the
1054	1054	commission, an annual report of persons under 18 [17] years of age
1055	1055	securely detained in the county jail, including all information
1056	1056	necessary to determine compliance with state law concerning secure
1057	1057	confinement of children in county jails;
1058	1058	(15) schedule announced and unannounced inspections
1059	1059	of jails under the commission's jurisdiction using the risk
1060	1060	assessment plan established under Section 511.0085 to guide the
1061	1061	inspections process;
1062	1062	(16) adopt a policy for gathering and distributing to
1063	1063	jails under the commission's jurisdiction information regarding:
1064	1064	(A) common issues concerning jail
1065	1065	administration;
1066	1066	(B) examples of successful strategies for
1067	1067	maintaining compliance with state law and the rules, standards, and
1068	1068	procedures of the commission; and
1069	1069	(C) solutions to operational challenges for
1070	1070	jails;
1071	1071	(17) report to the Texas Correctional Office on
1072	1072	Offenders with Medical or Mental Impairments on a jail's compliance
1073	1073	with Article 16.22, Code of Criminal Procedure;
1074	1074	(18) adopt reasonable rules and procedures
1075	1075	establishing minimum requirements for jails to:
1076	1076	(A) determine if a prisoner is pregnant; and
1077	1077	(B) ensure that the jail's health services plan
1078	1078	addresses medical and mental health care, including nutritional
1079	1079	requirements, and any special housing or work assignment needs for
1080	1080	persons who are confined in the jail and are known or determined to
1081	1081	be pregnant; and
1082	1082	(19) provide guidelines to sheriffs regarding
1083	1083	contracts between a sheriff and another entity for the provision of
1084	1084	food services to or the operation of a commissary in a jail under
1085	1085	the commission's jurisdiction, including specific provisions
1086	1086	regarding conflicts of interest and avoiding the appearance of
1087	1087	impropriety.
1088	1088	SECTION 5.03. Section 351.903(a), Local Government Code, is
1089	1089	amended to read as follows:
1090	1090	(a) To provide for the public safety, the commissioners
1091	1091	court of a county by order may adopt a curfew to regulate the
1092	1092	movements or actions of persons under 18 [17] years of age during
1093	1093	the period beginning one-half hour after sunset and extending until
1094	1094	one-half hour before sunrise or during school hours, or both. The
1095	1095	order applies only to the unincorporated area of the county.
1096	1096	SECTION 5.04. Section 521.201, Transportation Code, is
1097	1097	amended to read as follows:
1098	1098	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1099	1099	department may not issue any license to a person who:
1100	1100	(1) is under 15 years of age;
1101	1101	(2) is under 18 years of age unless the person complies
1102	1102	with the requirements imposed by Section 521.204;
1103	1103	(3) is shown to be addicted to the use of alcohol, a
1104	1104	controlled substance, or another drug that renders a person
1105	1105	incapable of driving;
1106	1106	(4) holds a driver's license issued by this state or
1107	1107	another state or country that is revoked, canceled, or under
1108	1108	suspension;
1109	1109	(5) has been determined by a judgment of a court to be
1110	1110	totally incapacitated or incapacitated to act as the operator of a
1111	1111	motor vehicle unless the person has, by the date of the license
1112	1112	application, been:
1113	1113	(A) restored to capacity by judicial decree; or
1114	1114	(B) released from a hospital for the mentally
1115	1115	incapacitated on a certificate by the superintendent or
1116	1116	administrator of the hospital that the person has regained
1117	1117	capacity;
1118	1118	(6) the department determines to be afflicted with a
1119	1119	mental or physical disability or disease that prevents the person
1120	1120	from exercising reasonable and ordinary control over a motor
1121	1121	vehicle while operating the vehicle on a highway, except that a
1122	1122	person may not be refused a license because of a physical defect if
1123	1123	common experience shows that the defect does not incapacitate a
1124	1124	person from safely operating a motor vehicle;
1125	1125	(7) has been reported by a court under Section
1126	1126	521.3452 for failure to appear unless the court has filed an
1127	1127	additional report on final disposition of the case; or
1128	1128	(8) has been reported by a court for failure to appear
1129	1129	or default in payment of a fine for a misdemeanor that is not
1130	1130	covered under Subdivision (7) and that is punishable by a fine only,
1131	1131	including a misdemeanor under a municipal ordinance, committed by a
1132	1132	person who was under 18 [17] years of age at the time of the alleged
1133	1133	offense, unless the court has filed an additional report on final
1134	1134	disposition of the case.
1135	1135	SECTION 5.05. Section 521.294, Transportation Code, is
1136	1136	amended to read as follows:
1137	1137	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1138	1138	REVOCATION. The department shall revoke the person's license if
1139	1139	the department determines that the person:
1140	1140	(1) is incapable of safely operating a motor vehicle;
1141	1141	(2) has not complied with the terms of a citation
1142	1142	issued by a jurisdiction that is a party to the Nonresident Violator
1143	1143	Compact of 1977 for a traffic violation to which that compact
1144	1144	applies;
1145	1145	(3) has failed to provide medical records or has
1146	1146	failed to undergo medical or other examinations as required by a
1147	1147	panel of the medical advisory board;
1148	1148	(4) has failed to pass an examination required by the
1149	1149	director under this chapter;
1150	1150	(5) has been reported by a court under Section
1151	1151	521.3452 for failure to appear unless the court files an additional
1152	1152	report on final disposition of the case;
1153	1153	(6) has been reported within the preceding two years
1154	1154	by a justice or municipal court for failure to appear or for a
1155	1155	default in payment of a fine for a misdemeanor punishable only by
1156	1156	fine, other than a failure reported under Section 521.3452,
1157	1157	committed by a person who is at least 14 years of age but younger
1158	1158	than 18 [17] years of age when the offense was committed, unless the
1159	1159	court files an additional report on final disposition of the case;
1160	1160	or
1161	1161	(7) has committed an offense in another state or
1162	1162	Canadian province that, if committed in this state, would be
1163	1163	grounds for revocation.
1164	1164	SECTION 5.06. Section 521.294(6), Transportation Code, as
1165	1165	amended by this article, applies only to an offense committed on or
1166	1166	after the effective date of this Act. An offense committed before
1167	1167	the effective date of this Act is governed by the law in effect on
1168	1168	the date the offense was committed, and the former law is continued
1169	1169	in effect for that purpose. For purposes of this section, an
1170	1170	offense was committed before the effective date of this Act if any
1171	1171	element of the offense occurred before that date.
1172	1172	ARTICLE 6. EFFECTIVE DATE
1173	1173	SECTION 6.01. This Act takes effect September 1, 2016.