Texas 2017 - 85th Regular

Texas House Bill HB122 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R15306 ADM-D
2		-	By: Dutton, Gutierrez, Johnson of Harris, H.B. No. 122
3		-	Cook, Wu, et al.
4		-	Substitute the following for H.B. No. 122:
5		-	By: Dutton C.S.H.B. No. 122
	1	+	By: Dutton, Rose, Johnson of Harris, Cook, H.B. No. 122
	2	+	Wu, et al.
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the age of criminal responsibility and to certain
11	8		substantive and procedural matters related to that age.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
14	11		SECTION 1.01. Section 51.02(2), Family Code, is amended to
15	12		read as follows:
16	13		(2) "Child" means a person who is:
17	14		(A) 10 [ten] years of age or older and under 18
18	15		[17] years of age; or
19	16		(B) 18 [seventeen] years of age or older and
20	17		under 20 [18] years of age who is:
21	18		(i) alleged or found to have engaged in
22	19		delinquent conduct or conduct indicating a need for supervision as
23	20		a result of acts committed before becoming 18 [17] years of age; and
24	21		(ii) under the jurisdiction of a juvenile
25	22		court.
26	23		SECTION 1.02. Section 8.07(b), Penal Code, is amended to
27	24		read as follows:
28	25		(b) Unless the juvenile court waives jurisdiction under
29	26		Section 54.02, Family Code, and certifies the individual for
30	27		criminal prosecution or the juvenile court has previously waived
31	28		jurisdiction under that section and certified the individual for
32	29		criminal prosecution, a person may not be prosecuted for or
33	30		convicted of any offense committed before reaching 18 [17] years of
34	31		age except an offense described by Subsections (a)(1)-(5).
35	32		SECTION 1.03. The changes in law made by this article apply
36	33		only to an offense committed or conduct that occurs on or after
37	34		September 1, 2019. An offense committed or conduct that occurs
38	35		before September 1, 2019, is governed by the law in effect on the
39	36		date the offense was committed or the conduct occurred, and the
40	37		former law is continued in effect for that purpose. For purposes of
41	38		this section, an offense was committed or conduct occurred before
42	39		September 1, 2019, if any element of the offense or conduct occurred
43	40		before that date.
44	41		ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
45	42		SECTION 2.01. Section 15.031(e), Penal Code, is amended to
46	43		read as follows:
47	44		(e) An offense under this section is one category lower than
48	45		the solicited offense, except that an offense under this section is
49	46		the same category as the solicited offense if it is shown on the
50	47		trial of the offense that the actor:
51	48		(1) was at the time of the offense 18 [17] years of age
52	49		or older and a member of a criminal street gang, as defined by
53	50		Section 71.01; and
54	51		(2) committed the offense with the intent to:
55	52		(A) further the criminal activities of the
56	53		criminal street gang; or
57	54		(B) avoid detection as a member of a criminal
58	55		street gang.
59	56		SECTION 2.02. Section 21.02(b), Penal Code, is amended to
60	57		read as follows:
61	58		(b) A person commits an offense if:
62	59		(1) during a period that is 30 or more days in
63	60		duration, the person commits two or more acts of sexual abuse,
64	61		regardless of whether the acts of sexual abuse are committed
65	62		against one or more victims; and
66	63		(2) at the time of the commission of each of the acts
67	64		of sexual abuse, the actor is 18 [17] years of age or older and the
68	65		victim is a child younger than 14 years of age.
69	66		SECTION 2.03. Section 33.021(b), Penal Code, is amended to
70	67		read as follows:
71	68		(b) A person who is 18 [17] years of age or older commits an
72	69		offense if, with the intent to commit an offense listed in Article
73	70		62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
74	71		over the Internet, by electronic mail or text message or other
75	72		electronic message service or system, or through a commercial
76	73		online service, intentionally:
77	74		(1) communicates in a sexually explicit manner with a
78	75		minor; or
79	76		(2) distributes sexually explicit material to a minor.
80	77		SECTION 2.04. Section 71.028(c), Penal Code, is amended to
81	78		read as follows:
82	79		(c) Except as provided by Subsection (d), the punishment
83	80		prescribed for an offense described by Subsection (b) is increased
84	81		to the punishment prescribed for the next highest category of
85	82		offense if the actor is 18 [17] years of age or older and it is shown
86	83		beyond a reasonable doubt on the trial of the offense that the actor
87	84		committed the offense at a location that was:
88	85		(1) in, on, or within 1,000 feet of any:
89	86		(A) real property that is owned, rented, or
90	87		leased by a school or school board;
91	88		(B) premises owned, rented, or leased by an
92	89		institution of higher education;
93	90		(C) premises of a public or private youth center;
94	91		or
95	92		(D) playground;
96	93		(2) in, on, or within 300 feet of any:
97	94		(A) shopping mall;
98	95		(B) movie theater;
99	96		(C) premises of a public swimming pool; or
100	97		(D) premises of a video arcade facility; or
101	98		(3) on a school bus.
102	99		SECTION 2.05. Section 729.001(a), Transportation Code, is
103	100		amended to read as follows:
104	101		(a) A person who is younger than 18 [17] years of age commits
105	102		an offense if the person operates a motor vehicle on a public road
106	103		or highway, a street or alley in a municipality, or a public beach
107	104		in violation of any traffic law of this state, including:
108	105		(1) Chapter 502, other than Section [502.282 or]
109	106		502.412;
110	107		(2) Chapter 521, other than an offense under Section
111	108		521.457;
112	109		(3) Subtitle C, other than an offense punishable by
113	110		imprisonment or by confinement in jail under Section 550.021,
114	111		550.022, 550.024, or 550.025;
115	112		(4) Chapter 601;
116	113		(5) Chapter 621;
117	114		(6) Chapter 661; and
118	115		(7) Chapter 681.
119	116		SECTION 2.06. Section 729.002, Transportation Code, is
120	117		amended to read as follows:
121	118		Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
122	119		LICENSE. (a) A person who is younger than 18 [17] years of age
123	120		commits an offense if the person operates a motor vehicle without a
124	121		driver's license authorizing the operation of a motor vehicle on a:
125	122		(1) public road or highway;
126	123		(2) street or alley in a municipality; or
127	124		(3) public beach as defined by Section 729.001.
128	125		(b) An offense under this section is punishable in the same
129	126		manner as if the person was 18 [17] years of age or older and
130	127		operated a motor vehicle without a license as described by
131	128		Subsection (a), except that an offense under this section is not
132	129		punishable by confinement or imprisonment.
133	130		SECTION 2.07. The changes in law made by this article apply
134	131		only to an offense committed on or after September 1, 2019. An
135	132		offense committed before September 1, 2019, is governed by the law
136	133		in effect on the date the offense was committed, and the former law
137	134		is continued in effect for that purpose. For purposes of this
138	135		section, an offense was committed before September 1, 2019, if any
139	136		element of the offense occurred before that date.
140	137		ARTICLE 3. CRIMINAL PROCEDURES
141	138		SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
142	139		amended to read as follows:
143	140		Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
144	141		ADULT. (a) Notwithstanding the order of a juvenile court to
145	142		detain a person under the age of 18 [17] who has been certified to
146	143		stand trial as an adult in a certified juvenile detention facility
147	144		under Section 54.02(h), Family Code, the judge of the criminal
148	145		court having jurisdiction over the person may order the person to be
149	146		transferred to an adult facility. A child who is transferred to an
150	147		adult facility must be detained under conditions meeting the
151	148		requirements of Section 51.12, Family Code.
152	149		(b) On the 18th [17th] birthday of a person described by
153	150		Subsection (a) who is detained in a certified juvenile detention
154	151		facility under Section 54.02(h), Family Code, the judge of the
155	152		criminal court having jurisdiction over the person shall order the
156	153		person to be transferred to an adult facility.
157	154		SECTION 3.02. Article 45.0215(a), Code of Criminal
158	155		Procedure, is amended to read as follows:
159	156		(a) This article applies to a defendant who has not had the
160	157		disabilities of minority removed and [has been:
161	158		[(1) charged with an offense other than an offense
162	159		under Section 43.261, Penal Code, if the defendant is younger than
163	160		17 years of age; or
164	161		[(2) charged with an offense under Section 43.261,
165	162		Penal Code, if the defendant] is younger than 18 years of age.
166	163		SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
167	164		Procedure, are amended to read as follows:
168	165		(b) A person may apply to the court in which the person was
169	166		convicted to have the conviction expunged as provided by this
170	167		article on or after the person's 18th [17th] birthday if:
171	168		(1) the person was convicted of not more than one
172	169		offense described by Section 8.07(a)(4) or (5), Penal Code, while
173	170		the person was a child; or
174	171		(2) the person was convicted only once of an offense
175	172		under Section 43.261, Penal Code.
176	173		(h) Records of a person under 18 [17] years of age relating
177	174		to a complaint may be expunged under this article if:
178	175		(1) the complaint was dismissed under Article 45.051
179	176		or 45.052 or other law; or
180	177		(2) the person was acquitted of the offense.
181	178		SECTION 3.04. Article 45.045(b), Code of Criminal
182	179		Procedure, is amended to read as follows:
183	180		(b) A capias pro fine may not be issued for an individual
184	181		convicted for an offense committed before the individual's 18th
185	182		[17th] birthday unless:
186	183		(1) the individual is 18 [17] years of age or older;
187	184		(2) the court finds that the issuance of the capias pro
188	185		fine is justified after considering:
189	186		(A) the sophistication and maturity of the
190	187		individual;
191	188		(B) the criminal record and history of the
192	189		individual; and
193	190		(C) the reasonable likelihood of bringing about
194	191		the discharge of the judgment through the use of procedures and
195	192		services currently available to the court; and
196	193		(3) the court has proceeded under Article 45.050 to
197	194		compel the individual to discharge the judgment.
198	195		SECTION 3.05. Article 45.0492(a), Code of Criminal
199	196		Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
200	197		Legislature, Regular Session, 2011, is amended to read as follows:
201	198		(a) This article applies only to a defendant younger than 18
202	199		[17] years of age who is assessed a fine or costs for a Class C
203	200		misdemeanor occurring in a building or on the grounds of the primary
204	201		or secondary school at which the defendant was enrolled at the time
205	202		of the offense.
206	203		SECTION 3.06. Article 45.0492(a), Code of Criminal
207	204		Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
208	205		Legislature, Regular Session, 2011, is amended to read as follows:
209	206		(a) This article applies only to a defendant younger than 18
210	207		[17] years of age who is assessed a fine or costs for a Class C
211	208		misdemeanor.
212	209		SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
213	210		Criminal Procedure, are amended to read as follows:
214	211		(d) A justice or municipal court may hold a person in
215	212		contempt and impose a remedy authorized by Subsection (c)(2) if:
216	213		(1) the person was convicted for an offense committed
217	214		before the person's 18th [17th] birthday;
218	215		(2) the person failed to obey the order while the
219	216		person was 18 [17] years of age or older; and
220	217		(3) the failure to obey occurred under circumstances
221	218		that constitute contempt of court.
222	219		(e) A justice or municipal court may hold a person in
223	220		contempt and impose a remedy authorized by Subsection (c)(2) if the
224	221		person, while younger than 18 [17] years of age, engaged in conduct
225	222		in contempt of an order issued by the justice or municipal court,
226	223		but contempt proceedings could not be held before the person's 18th
227	224		[17th] birthday.
228	225		(g) A justice or municipal court may not refer a child who
229	226		violates a court order while 18 [17] years of age or older to a
230	227		juvenile court for delinquency proceedings for contempt of court.
231	228		SECTION 3.08. Article 45.057(h), Code of Criminal
232	229		Procedure, is amended to read as follows:
233	230		(h) A child and parent required to appear before the court
234	231		have an obligation to provide the court in writing with the current
235	232		address and residence of the child. The obligation does not end
236	233		when the child reaches age 18 [17]. On or before the seventh day
237	234		after the date the child or parent changes residence, the child or
238	235		parent shall notify the court of the current address in the manner
239	236		directed by the court. A violation of this subsection may result in
240	237		arrest and is a Class C misdemeanor. The obligation to provide
241	238		notice terminates on discharge and satisfaction of the judgment or
242	239		final disposition not requiring a finding of guilt.
243	240		SECTION 3.09. Article 45.058(h), Code of Criminal
244	241		Procedure, is amended to read as follows:
245	242		(h) In this article, "child" means a person who is:
246	243		(1) at least 10 years of age and younger than 18 [17]
247	244		years of age; and
248	245		(2) charged with or convicted of an offense that a
249	246		justice or municipal court has jurisdiction of under Article 4.11
250	247		or 4.14.
251	248		SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
252	249		Criminal Procedure, are amended to read as follows:
253	250		(a) Except as provided by Articles 45.058 and 45.059, an
254	251		individual may not be taken into secured custody for offenses
255	252		alleged to have occurred before the individual's 18th [17th]
256	253		birthday.
257	254		(b) On or after an individual's 18th [17th] birthday, if the
258	255		court has used all available procedures under this chapter to
259	256		secure the individual's appearance to answer allegations made
260	257		before the individual's 18th [17th] birthday, the court may issue a
261	258		notice of continuing obligation to appear by personal service or by
262	259		mail to the last known address and residence of the individual. The
263	260		notice must order the individual to appear at a designated time,
264	261		place, and date to answer the allegations detailed in the notice.
265	262		(e) A notice of continuing obligation to appear issued under
266	263		this article must contain the following statement provided in
267	264		boldfaced type or capital letters:
268	265		"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
269	266		BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
270	267		MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
271	268		ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
272	269		CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
273	270		ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
274	271		FOR YOUR ARREST."
275	272		SECTION 3.11. Article 62.001(6), Code of Criminal
276	273		Procedure, is amended to read as follows:
277	274		(6) "Sexually violent offense" means any of the
278	275		following offenses committed by a person 18 [17] years of age or
279	276		older:
280	277		(A) an offense under Section 21.02 (Continuous
281	278		sexual abuse of young child or children), 21.11(a)(1) (Indecency
282	279		with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
283	280		sexual assault), Penal Code;
284	281		(B) an offense under Section 43.25 (Sexual
285	282		performance by a child), Penal Code;
286	283		(C) an offense under Section 20.04(a)(4)
287	284		(Aggravated kidnapping), Penal Code, if the defendant committed the
288	285		offense with intent to violate or abuse the victim sexually;
289	286		(D) an offense under Section 30.02 (Burglary),
290	287		Penal Code, if the offense is punishable under Subsection (d) of
291	288		that section and the defendant committed the offense with intent to
292	289		commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
293	290		or
294	291		(E) an offense under the laws of another state,
295	292		federal law, the laws of a foreign country, or the Uniform Code of
296	293		Military Justice if the offense contains elements that are
297	294		substantially similar to the elements of an offense listed under
298	295		Paragraph (A), (B), (C), or (D).
299	296		SECTION 3.12. Article 62.351(a), Code of Criminal
300	297		Procedure, is amended to read as follows:
301	298		(a) During or after disposition of a case under Section
302	299		54.04, Family Code, for adjudication of an offense for which
303	300		registration is required under this chapter, the juvenile court on
304	301		motion of the respondent shall conduct a hearing to determine
305	302		whether the interests of the public require registration under this
306	303		chapter. The motion may be filed and the hearing held regardless of
307	304		whether the respondent is under 19 [18] years of age. Notice of the
308	305		motion and hearing shall be provided to the prosecuting attorney.
309	306		SECTION 3.13. Article 62.352(c), Code of Criminal
310	307		Procedure, is amended to read as follows:
311	308		(c) If the court enters an order described by Subsection
312	309		(b)(1), the court retains discretion and jurisdiction to require,
313	310		or exempt the respondent from, registration under this chapter at
314	311		any time during the treatment or on the successful or unsuccessful
315	312		completion of treatment, except that during the period of deferral,
316	313		registration may not be required. Following successful completion
317	314		of treatment, the respondent is exempted from registration under
318	315		this chapter unless a hearing under this subchapter is held on
319	316		motion of the prosecuting attorney, regardless of whether the
320	317		respondent is 19 [18] years of age or older, and the court
321	318		determines the interests of the public require registration. Not
322	319		later than the 10th day after the date of the respondent's
323	320		successful completion of treatment, the treatment provider shall
324	321		notify the juvenile court and prosecuting attorney of the
325	322		completion.
326	323		SECTION 3.14. Article 62.353(b), Code of Criminal
327	324		Procedure, is amended to read as follows:
328	325		(b) The person may file a motion under Subsection (a) in the
329	326		original juvenile case regardless of whether the person, at the
330	327		time of filing the motion, is 19 [18] years of age or older. Notice
331	328		of the motion shall be provided to the prosecuting attorney. A
332	329		hearing on the motion shall be provided as in other cases under this
333	330		subchapter.
334	331		SECTION 3.15. Section 37.085, Education Code, is amended to
335	332		read as follows:
336	333		Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
337	334		MISDEMEANORS. Notwithstanding any other provision of law, a
338	335		warrant may not be issued for the arrest of a person for a Class C
339	336		misdemeanor under this code committed when the person was younger
340	337		than 18 [17] years of age.
341	338		SECTION 3.16. Section 521.453(i), Transportation Code, is
342	339		amended to read as follows:
343	340		(i) If the person ordered to perform community service under
344	341		Subsection (h) is younger than 18 [17] years of age, the community
345	342		service shall be performed as if ordered by a juvenile court under
346	343		Section 54.044(a), Family Code, as a condition of probation under
347	344		Section 54.04(d), Family Code.
348	345		SECTION 3.17. (a) Except as provided by Subsection (b) of
349	346		this section, the changes in law made by this article apply only to
350	347		an offense committed on or after September 1, 2019. An offense
351	348		committed before September 1, 2019, is governed by the law in effect
352	349		on the date the offense was committed, and the former law is
353	350		continued in effect for that purpose.
354	351		(b) Articles 45.0216(b) and (h), Code of Criminal
355	352		Procedure, as amended by this article, apply only to the expunction
356	353		of certain records related to an offense committed on or after
357	354		September 1, 2019. The expunction of certain records related to an
358	355		offense committed before September 1, 2019, is governed by the law
359	356		in effect on the date the offense was committed, and the former law
360	357		is continued in effect for that purpose.
361	358		(c) For purposes of this section, an offense was committed
362	359		before September 1, 2019, if any element of the offense occurred
363	360		before that date.
364	361		ARTICLE 4. JUVENILE COURT PROCEDURES
365	362		SECTION 4.01. Section 51.041, Family Code, is amended to
366	363		read as follows:
367	364		Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
368	365		retains jurisdiction over a person, without regard to the age of the
369	366		person, for conduct engaged in by the person before becoming 18 [17]
370	367		years of age if, as a result of an appeal by the person or the state
371	368		under Chapter 56 of an order of the court, the order is reversed or
372	369		modified and the case remanded to the court by the appellate court.
373	370		(b) If the respondent is at least 19 [18] years of age when
374	371		the order of remand from the appellate court is received by the
375	372		juvenile court, the juvenile court shall proceed as provided by
376	373		Sections 54.02(o)-(r) for the detention of a person at least 19 [18]
377	374		years of age in discretionary transfer proceedings. Pending
378	375		retrial of the adjudication or transfer proceeding, the juvenile
379	376		court may:
380	377		(1) order the respondent released from custody;
381	378		(2) order the respondent detained in a juvenile
382	379		detention facility; or
383	380		(3) set bond and order the respondent detained in a
384	381		county adult facility if bond is not made.
385	382		SECTION 4.02. Section 51.0412, Family Code, is amended to
386	383		read as follows:
387	384		Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
388	385		The court retains jurisdiction over a person, without regard to the
389	386		age of the person, who is a respondent in an adjudication
390	387		proceeding, a disposition proceeding, a proceeding to modify
391	388		disposition, a proceeding for waiver of jurisdiction and transfer
392	389		to criminal court under Section 54.02(a), or a motion for transfer
393	390		of determinate sentence probation to an appropriate district court
394	391		if:
395	392		(1) the petition or motion was filed while the
396	393		respondent was younger than 19 or 20 [18 or 19] years of age, as
397	394		applicable;
398	395		(2) the proceeding is not complete before the
399	396		respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
400	397		and
401	398		(3) the court enters a finding in the proceeding that
402	399		the prosecuting attorney exercised due diligence in an attempt to
403	400		complete the proceeding before the respondent became 19 or 20 [18 or
404	401		19] years of age, as applicable.
405	402		SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
406	403		amended to read as follows:
407	404		(f) A child detained in a building that contains a jail,
408	405		lockup, or other place of secure confinement, including an alcohol
409	406		or other drug treatment facility, shall be separated by sight and
410	407		sound from adults detained in the same building. Children and
411	408		adults are separated by sight and sound only if they are unable to
412	409		see each other and conversation between them is not possible. The
413	410		separation must extend to all areas of the facility, including
414	411		sally ports and passageways, and those areas used for admission,
415	412		counseling, sleeping, toileting, showering, dining, recreational,
416	413		educational, or vocational activities, and health care. The
417	414		separation may be accomplished through architectural design. A
418	415		person who has been transferred for prosecution in criminal court
419	416		under Section 54.02 and is under 18 [17] years of age is considered
420	417		a child for the purposes of this subsection.
421	418		(h) This section does not apply to a person:
422	419		(1) who has been transferred to criminal court for
423	420		prosecution under Section 54.02 and is at least 18 [17] years of
424	421		age; or
425	422		(2) who is at least 18 [17] years of age and who has
426	423		been taken into custody after having:
427	424		(A) escaped from a juvenile facility operated by
428	425		or under contract with the Texas Juvenile Justice Department; or
429	426		(B) violated a condition of release under
430	427		supervision of the department.
431	428		SECTION 4.04. Section 54.02(j), Family Code, is amended to
432	429		read as follows:
433	430		(j) The juvenile court may waive its exclusive original
434	431		jurisdiction and transfer a person to the appropriate district
435	432		court or criminal district court for criminal proceedings if:
436	433		(1) the person is 19 [18] years of age or older;
437	434		(2) the person was:
438	435		(A) 10 years of age or older and under 18 [17]
439	436		years of age at the time the person is alleged to have committed a
440	437		capital felony or an offense under Section 19.02, Penal Code;
441	438		(B) 14 years of age or older and under 18 [17]
442	439		years of age at the time the person is alleged to have committed an
443	440		aggravated controlled substance felony or a felony of the first
444	441		degree other than an offense under Section 19.02, Penal Code; or
445	442		(C) 15 years of age or older and under 18 [17]
446	443		years of age at the time the person is alleged to have committed a
447	444		felony of the second or third degree or a state jail felony;
448	445		(3) no adjudication concerning the alleged offense has
449	446		been made or no adjudication hearing concerning the offense has
450	447		been conducted;
451	448		(4) the juvenile court finds from a preponderance of
452	449		the evidence that:
453	450		(A) for a reason beyond the control of the state
454	451		it was not practicable to proceed in juvenile court before the 19th
455	452		[18th] birthday of the person; or
456	453		(B) after due diligence of the state it was not
457	454		practicable to proceed in juvenile court before the 19th [18th]
458	455		birthday of the person because:
459	456		(i) the state did not have probable cause to
460	457		proceed in juvenile court and new evidence has been found since the
461	458		19th [18th] birthday of the person;
462	459		(ii) the person could not be found; or
463	460		(iii) a previous transfer order was
464	461		reversed by an appellate court or set aside by a district court; and
465	462		(5) the juvenile court determines that there is
466	463		probable cause to believe that the child before the court committed
467	464		the offense alleged.
468	465		SECTION 4.05. Section 54.0326(b), Family Code, is amended
469	466		to read as follows:
470	467		(b) A juvenile court may defer adjudication proceedings
471	468		under Section 54.03 until the child's 19th [18th] birthday and
472	469		require a child to participate in a program established under
473	470		Section 152.0017, Human Resources Code, if the child:
474	471		(1) is alleged to have engaged in delinquent conduct
475	472		or conduct indicating a need for supervision and may be a victim of
476	473		conduct that constitutes an offense under Section 20A.02, Penal
477	474		Code; and
478	475		(2) presents to the court an oral or written request to
479	476		participate in the program.
480	477		SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
481	478		are amended to read as follows:
482	479		(e) The Texas Juvenile Justice Department shall accept a
483	480		person properly committed to it by a juvenile court even though the
484	481		person may be 18 [17] years of age or older at the time of
485	482		commitment.
486	483		(l) Except as provided by Subsection (q), a court or jury
487	484		may place a child on probation under Subsection (d)(1) for any
488	485		period, except that probation may not continue on or after the
489	486		child's 19th [18th] birthday. Except as provided by Subsection
490	487		(q), the court may, before the period of probation ends, extend the
491	488		probation for any period, except that the probation may not extend
492	489		to or after the child's 19th [18th] birthday.
493	490		(q) If a court or jury sentences a child to commitment in the
494	491		Texas Juvenile Justice Department or a post-adjudication secure
495	492		correctional facility under Subsection (d)(3) for a term of not
496	493		more than 10 years, the court or jury may place the child on
497	494		probation under Subsection (d)(1) as an alternative to making the
498	495		disposition under Subsection (d)(3). The court shall prescribe
499	496		the period of probation ordered under this subsection for a term of
500	497		not more than 10 years. The court may, before the sentence of
501	498		probation expires, extend the probationary period under Section
502	499		54.05, except that the sentence of probation and any extension may
503	500		not exceed 10 years. The court may, before the child's 20th [19th]
504	501		birthday, discharge the child from the sentence of probation. If a
505	502		sentence of probation ordered under this subsection and any
506	503		extension of probation ordered under Section 54.05 will continue
507	504		after the child's 20th [19th] birthday, the court shall discharge
508	505		the child from the sentence of probation on the child's 20th [19th]
509	506		birthday unless the court transfers the child to an appropriate
510	507		district court under Section 54.051.
511	508		SECTION 4.07. Section 54.0405(i), Family Code, is amended
512	509		to read as follows:
513	510		(i) A court that requires as a condition of probation that a
514	511		child attend psychological counseling under Subsection (a) may,
515	512		before the date the probation period ends, extend the probation for
516	513		any additional period necessary to complete the required counseling
517	514		as determined by the treatment provider, except that the probation
518	515		may not be extended to a date after the date of the child's 19th
519	516		[18th] birthday, or 20th [19th] birthday if the child is placed on
520	517		determinate sentence probation under Section 54.04(q).
521	518		SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
522	519		amended to read as follows:
523	520		(b) If a child is found to have engaged in delinquent
524	521		conduct or conduct indicating a need for supervision arising from
525	522		the commission of an offense in which property damage or loss or
526	523		personal injury occurred, the juvenile court, on notice to all
527	524		persons affected and on hearing, may order the child or a parent to
528	525		make full or partial restitution to the victim of the offense. The
529	526		program of restitution must promote the rehabilitation of the
530	527		child, be appropriate to the age and physical, emotional, and
531	528		mental abilities of the child, and not conflict with the child's
532	529		schooling. When practicable and subject to court supervision, the
533	530		court may approve a restitution program based on a settlement
534	531		between the child and the victim of the offense. An order under
535	532		this subsection may provide for periodic payments by the child or a
536	533		parent of the child for the period specified in the order but except
537	534		as provided by Subsection (h), that period may not extend past the
538	535		date of the 19th [18th] birthday of the child or past the date the
539	536		child is no longer enrolled in an accredited secondary school in a
540	537		program leading toward a high school diploma, whichever date is
541	538		later.
542	539		(h) If the juvenile court places the child on probation in a
543	540		determinate sentence proceeding initiated under Section 53.045 and
544	541		transfers supervision on the child's 20th [19th] birthday to a
545	542		district court for placement on community supervision, the district
546	543		court shall require the payment of any unpaid restitution as a
547	544		condition of the community supervision. The liability of the
548	545		child's parent for restitution may not be extended by transfer to a
549	546		district court for supervision.
550	547		SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
551	548		amended to read as follows:
552	549		(a) Any [Except as provided by Subsection (a-1), any]
553	550		disposition, except a commitment to the Texas Juvenile Justice
554	551		Department, may be modified by the juvenile court as provided in
555	552		this section until:
556	553		(1) the child reaches:
557	554		(A) the child's 19th [18th] birthday; or
558	555		(B) the child's 20th [19th] birthday, if the
559	556		child was placed on determinate sentence probation under Section
560	557		54.04(q); or
561	558		(2) the child is earlier discharged by the court or
562	559		operation of law.
563	560		(b) Except for a commitment to the Texas Juvenile Justice
564	561		Department or to a post-adjudication secure correctional facility
565	562		under Section 54.04011 or a placement on determinate sentence
566	563		probation under Section 54.04(q), all dispositions automatically
567	564		terminate when the child reaches the child's 19th [18th] birthday.
568	565		SECTION 4.10. Section 54.051, Family Code, is amended by
569	566		amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
570	567		Subsection (j) to read as follows:
571	568		(a) On motion of the state concerning a child who is placed
572	569		on probation under Section 54.04(q) for a period, including any
573	570		extension ordered under Section 54.05, that will continue after the
574	571		child's applicable [19th] birthday, the juvenile court shall hold a
575	572		hearing to determine whether to transfer the child to an
576	573		appropriate district court or discharge the child from the sentence
577	574		of probation.
578	575		(b) The hearing must be conducted before the person's
579	576		applicable [19th] birthday[, or before the person's 18th birthday
580	577		if the offense for which the person was placed on probation occurred
581	578		before September 1, 2011,] and must be conducted in the same manner
582	579		as a hearing to modify disposition under Section 54.05.
583	580		(c) If, after a hearing, the court determines to discharge
584	581		the child, the court shall specify a date on or before the child's
585	582		applicable [19th] birthday to discharge the child from the
586	583		sentence of probation.
587	584		(d) If, after a hearing, the court determines to transfer
588	585		the child, the court shall transfer the child to an appropriate
589	586		district court on the child's applicable [19th] birthday.
590	587		(e-2) If a person who is placed on community supervision
591	588		under this section violates a condition of that supervision or if
592	589		the person violated a condition of probation ordered under Section
593	590		54.04(q) and that probation violation was not discovered by the
594	591		state before the person's 20th [19th] birthday, the district court
595	592		shall dispose of the violation of community supervision or
596	593		probation, as appropriate, in the same manner as if the court had
597	594		originally exercised jurisdiction over the case. If the judge
598	595		revokes community supervision, the judge may reduce the prison
599	596		sentence to any length without regard to the minimum term imposed by
600	597		Article 42A.755(a), Code of Criminal Procedure.
601	598		(i) If the juvenile court exercises jurisdiction over a
602	599		person on or after the person's [who is 18 or 19 years of age or
603	600		older, as] applicable birthday, under Section 51.041 or 51.0412,
604	601		the court or jury may, if the person is otherwise eligible, place
605	602		the person on probation under Section 54.04(q). The juvenile court
606	603		shall set the conditions of probation and immediately transfer
607	604		supervision of the person to the appropriate court exercising
608	605		criminal jurisdiction under Subsection (e).
609	606		(j) In this section, "applicable birthday" means the
610	607		person's:
611	608		(1) 18th birthday, if the conduct for which the person
612	609		was placed on probation occurred before September 1, 2011;
613	610		(2) 19th birthday, if the conduct for which the person
614	611		was placed on probation occurred on or after September 1, 2011, but
615	612		before September 1, 2019; or
616	613		(3) 20th birthday, if the conduct for which the person
617	614		was placed on probation occurred on or after September 1, 2019.
618	615		SECTION 4.11. Section 54.11(l), Family Code, is amended to
619	616		read as follows:
620	617		(l) Pending the conclusion of a transfer hearing, the
621	618		juvenile court shall order that the person who is referred for
622	619		transfer be detained in a certified juvenile detention facility as
623	620		provided by Subsection (m). If the person is at least 18 [17] years
624	621		of age, the juvenile court may order that the person be detained
625	622		without bond in an appropriate county facility for the detention of
626	623		adults accused of criminal offenses.
627	624		SECTION 4.12. Section 55.15, Family Code, is amended to
628	625		read as follows:
629	626		Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
630	627		FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
631	628		which the child's case is referred under Section 55.12(2) orders
632	629		mental health services for the child, the child shall be cared for,
633	630		treated, and released in conformity to Subtitle C, Title 7, Health
634	631		and Safety Code, except:
635	632		(1) a court order for mental health services for a
636	633		child automatically expires on the 120th day after the date the
637	634		child becomes 19 [18] years of age; and
638	635		(2) the administrator of a mental health facility
639	636		shall notify, in writing, by certified mail, return receipt
640	637		requested, the juvenile court that ordered mental health services
641	638		or the juvenile court that referred the case to a court that ordered
642	639		the mental health services of the intent to discharge the child at
643	640		least 10 days prior to discharge.
644	641		SECTION 4.13. Section 55.18, Family Code, is amended to
645	642		read as follows:
646	643		Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
647	644		REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
648	645		mental health facility before reaching 19 [18] years of age, the
649	646		juvenile court may:
650	647		(1) dismiss the juvenile court proceedings with
651	648		prejudice; or
652	649		(2) continue with proceedings under this title as
653	650		though no order of mental health services had been made.
654	651		SECTION 4.14. The heading to Section 55.19, Family Code, is
655	652		amended to read as follows:
656	653		Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
657	654		BIRTHDAY.
658	655		SECTION 4.15. Section 55.19(a), Family Code, is amended to
659	656		read as follows:
660	657		(a) The juvenile court shall transfer all pending
661	658		proceedings from the juvenile court to a criminal court on the 19th
662	659		[18th] birthday of a child for whom the juvenile court or a court to
663	660		which the child's case is referred under Section 55.12(2) has
664	661		ordered inpatient mental health services if:
665	662		(1) the child is not discharged or furloughed from the
666	663		inpatient mental health facility before reaching 19 [18] years of
667	664		age; and
668	665		(2) the child is alleged to have engaged in delinquent
669	666		conduct that included a violation of a penal law listed in Section
670	667		53.045 and no adjudication concerning the alleged conduct has been
671	668		made.
672	669		SECTION 4.16. Section 55.43(a), Family Code, is amended to
673	670		read as follows:
674	671		(a) The prosecuting attorney may file with the juvenile
675	672		court a motion for a restoration hearing concerning a child if:
676	673		(1) the child is found unfit to proceed as a result of
677	674		mental illness or an intellectual disability; and
678	675		(2) the child:
679	676		(A) is not:
680	677		(i) ordered by a court to receive inpatient
681	678		mental health services;
682	679		(ii) committed by a court to a residential
683	680		care facility; or
684	681		(iii) ordered by a court to receive
685	682		treatment on an outpatient basis; or
686	683		(B) is discharged or currently on furlough from a
687	684		mental health facility or outpatient center before the child
688	685		reaches 19 [18] years of age.
689	686		SECTION 4.17. The heading to Section 55.44, Family Code, is
690	687		amended to read as follows:
691	688		Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
692	689		BIRTHDAY OF CHILD.
693	690		SECTION 4.18. Section 55.44(a), Family Code, is amended to
694	691		read as follows:
695	692		(a) The juvenile court shall transfer all pending
696	693		proceedings from the juvenile court to a criminal court on the 19th
697	694		[18th] birthday of a child for whom the juvenile court or a court to
698	695		which the child's case is referred has ordered inpatient mental
699	696		health services or residential care for persons with an
700	697		intellectual disability if:
701	698		(1) the child is not discharged or currently on
702	699		furlough from the facility before reaching 19 [18] years of age; and
703	700		(2) the child is alleged to have engaged in delinquent
704	701		conduct that included a violation of a penal law listed in Section
705	702		53.045 and no adjudication concerning the alleged conduct has been
706	703		made.
707	704		SECTION 4.19. Sections 58.003(c), (c-2), (c-4), (c-6), and
708	705		(c-8), Family Code, are amended to read as follows:
709	706		(c) Subject to Subsection (b), a court may order the sealing
710	707		of records concerning a person adjudicated as having engaged in
711	708		delinquent conduct that violated a penal law of the grade of felony
712	709		only if:
713	710		(1) the person is 19 years of age or older;
714	711		(2) the person was not transferred by a juvenile court
715	712		under Section 54.02 to a criminal court for prosecution;
716	713		(3) the records have not been used as evidence in the
717	714		punishment phase of a criminal proceeding under Section 3(a),
718	715		Article 37.07, Code of Criminal Procedure; and
719	716		(4) the person has not been convicted of a penal law of
720	717		the grade of felony after becoming age 18 [17].
721	718		(c-2) If the court orders the sealing of a child's records
722	719		under Subsection (c-1), a prosecuting attorney or juvenile
723	720		probation department may maintain until the child's 19th [17th]
724	721		birthday a separate record of the child's name and date of birth and
725	722		the date the child successfully completed the drug court program.
726	723		The prosecuting attorney or juvenile probation department, as
727	724		applicable, shall send the record to the court as soon as
728	725		practicable after the child's 19th [17th] birthday to be added to
729	726		the child's other sealed records.
730	727		(c-4) A prosecuting attorney or juvenile probation
731	728		department may maintain until a child's 19th [17th] birthday a
732	729		separate record of the child's name and date of birth and the date
733	730		on which the child's records are sealed, if the child's records are
734	731		sealed under Subsection (c-3). The prosecuting attorney or
735	732		juvenile probation department, as applicable, shall send the record
736	733		to the court as soon as practicable after the child's 19th [17th]
737	734		birthday to be added to the child's other sealed records.
738	735		(c-6) A prosecuting attorney or juvenile probation
739	736		department may maintain until a child's 19th [17th] birthday a
740	737		separate record of the child's name and date of birth and the date
741	738		on which the child successfully completed the educational program,
742	739		if the child's records are sealed under Subsection (c-5). The
743	740		prosecuting attorney or juvenile probation department, as
744	741		applicable, shall send the record to the court as soon as
745	742		practicable after the child's 19th [17th] birthday to be added to
746	743		the child's other sealed records.
747	744		(c-8) If the court orders the sealing of a child's records
748	745		under Subsection (c-7), a prosecuting attorney or juvenile
749	746		probation department may maintain until the child's 19th [18th]
750	747		birthday a separate record of the child's name and date of birth and
751	748		the date the child successfully completed the trafficked persons
752	749		program. The prosecuting attorney or juvenile probation
753	750		department, as applicable, shall send the record to the court as
754	751		soon as practicable after the child's 19th [18th] birthday to be
755	752		added to the child's other sealed records.
756	753		SECTION 4.20. Section 58.0052(a)(2), Family Code, is
757	754		amended to read as follows:
758	755		(2) "Multi-system youth" means a person who:
759	756		(A) is younger than 20 [19] years of age; and
760	757		(B) has received services from two or more
761	758		juvenile service providers.
762	759		SECTION 4.21. Section 58.0071(d), Family Code, is amended
763	760		to read as follows:
764	761		(d) The physical records and files of a juvenile case may
765	762		only be destroyed if the child who is the respondent in the case:
766	763		(1) is at least 19 [18] years of age and:
767	764		(A) the most serious allegation adjudicated was
768	765		conduct indicating a need for supervision;
769	766		(B) the most serious allegation was conduct
770	767		indicating a need for supervision and there was not an
771	768		adjudication; or
772	769		(C) the referral or information did not relate to
773	770		conduct indicating a need for supervision or delinquent conduct and
774	771		the juvenile court or the court's staff did not take action on the
775	772		referral or information for that reason;
776	773		(2) is at least 21 years of age and:
777	774		(A) the most serious allegation adjudicated was
778	775		delinquent conduct that violated a penal law of the grade of
779	776		misdemeanor; or
780	777		(B) the most serious allegation was delinquent
781	778		conduct that violated a penal law of the grade of misdemeanor or
782	779		felony and there was not an adjudication; or
783	780		(3) is at least 31 years of age and the most serious
784	781		allegation adjudicated was delinquent conduct that violated a penal
785	782		law of the grade of felony.
786	783		SECTION 4.22. Section 58.203(a), Family Code, is amended to
787	784		read as follows:
788	785		(a) The department shall certify to the juvenile probation
789	786		department to which a referral was made that resulted in
790	787		information being submitted to the juvenile justice information
791	788		system that the records relating to a person's juvenile case are
792	789		subject to automatic restriction of access if:
793	790		(1) the person is at least 19 [17] years of age;
794	791		(2) the juvenile case did not include conduct
795	792		resulting in determinate sentence proceedings in the juvenile court
796	793		under Section 53.045; and
797	794		(3) the juvenile case was not certified for trial in
798	795		criminal court under Section 54.02.
799	796		SECTION 4.23. Section 58.208, Family Code, is amended to
800	797		read as follows:
801	798		Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
802	799		final discharge of a child from the juvenile system or on the last
803	800		official action in the case, if there is no adjudication, the
804	801		appropriate juvenile justice official shall provide to the child:
805	802		(1) a written explanation of how automatic restricted
806	803		access under this subchapter works;
807	804		(2) a copy of this subchapter; and
808	805		(3) a statement that if the child wishes to receive
809	806		notification of an action restricting access to the child's records
810	807		under Section 58.207(a), the child must before the child's 19th
811	808		[17th] birthday provide the juvenile probation department with a
812	809		current address where the child can receive notification.
813	810		SECTION 4.24. Section 58.209(a), Family Code, is amended to
814	811		read as follows:
815	812		(a) When a child is placed on probation for an offense that
816	813		may be eligible for automatic restricted access at age 19 [17] or
817	814		when a child is received by the Texas Juvenile Justice Department on
818	815		an indeterminate commitment, a probation officer or an official at
819	816		the Texas Juvenile Justice Department reception center, as soon as
820	817		practicable, shall explain the substance of the following
821	818		information to the child:
822	819		(1) if the child was adjudicated as having committed
823	820		delinquent conduct for a felony or jailable misdemeanor, that the
824	821		child probably has a juvenile record with the department and the
825	822		Federal Bureau of Investigation;
826	823		(2) that the child's juvenile record is a permanent
827	824		record that is not destroyed or erased unless the record is eligible
828	825		for sealing and the child or the child's family hires a lawyer and
829	826		files a petition in court to have the record sealed;
830	827		(3) that the child's juvenile record, other than
831	828		treatment records made confidential by law, can be accessed by
832	829		police, sheriff's officers, prosecutors, probation officers,
833	830		correctional officers, and other criminal and juvenile justice
834	831		officials in this state and elsewhere;
835	832		(4) that the child's juvenile record, other than
836	833		treatment records made confidential by law, can be accessed by
837	834		employers, educational institutions, licensing agencies, and other
838	835		organizations when the child applies for employment or educational
839	836		programs;
840	837		(5) if the child's juvenile record is placed on
841	838		restricted access when the child becomes 19 [17] years of age, that
842	839		access will be denied to employers, educational institutions, and
843	840		others except for criminal justice agencies;
844	841		(6) that restricted access does not require any action
845	842		by the child or the child's family, including the filing of a
846	843		petition or hiring of a lawyer, but occurs automatically at age 19
847	844		[17]; and
848	845		(7) that if the child is under the jurisdiction of the
849	846		juvenile court or the Texas Juvenile Justice Department on or after
850	847		the child's 19th [17th] birthday, the law regarding restricted
851	848		access will not apply until the person is discharged from the
852	849		jurisdiction of the court or department, as appropriate.
853	850		SECTION 4.25. Section 58.211(a), Family Code, is amended to
854	851		read as follows:
855	852		(a) If the department has notified a juvenile probation
856	853		department that a record has been placed on restricted access and
857	854		the department later receives information in the department's
858	855		criminal history system that the subject of the records has been
859	856		convicted of or placed on deferred adjudication for a felony or a
860	857		misdemeanor punishable by confinement in jail for an offense
861	858		committed after the person reached the age of 18 [17], the person's
862	859		juvenile records are no longer subject to restricted access. The
863	860		department shall notify the appropriate local juvenile probation
864	861		departments in the manner described by Section 58.203 that the
865	862		person's records are no longer subject to restricted access.
866	863		SECTION 4.26. Section 59.005(b), Family Code, is amended to
867	864		read as follows:
868	865		(b) The juvenile court or the probation department shall
869	866		discharge the child from the custody of the probation department on
870	867		the date the provisions of this section are met or on the child's
871	868		19th [18th] birthday, whichever is earlier.
872	869		SECTION 4.27. Section 59.006(b), Family Code, is amended to
873	870		read as follows:
874	871		(b) The juvenile court shall discharge the child from the
875	872		custody of the probation department on the date the provisions of
876	873		this section are met or on the child's 19th [18th] birthday,
877	874		whichever is earlier.
878	875		SECTION 4.28. Section 59.007(b), Family Code, is amended to
879	876		read as follows:
880	877		(b) The juvenile court shall discharge the child from the
881	878		custody of the probation department on the date the provisions of
882	879		this section are met or on the child's 19th [18th] birthday,
883	880		whichever is earlier.
884	881		SECTION 4.29. Section 59.008(b), Family Code, is amended to
885	882		read as follows:
886	883		(b) The juvenile court shall discharge the child from the
887	884		custody of the probation department on the date the provisions of
888	885		this section are met or on the child's 19th [18th] birthday,
889	886		whichever is earlier.
890	887		SECTION 4.30. Section 59.009(c), Family Code, is amended to
891	888		read as follows:
892	889		(c) The Texas Juvenile Justice Department, juvenile board,
893	890		or local juvenile probation department may discharge the child from
894	891		the custody of the department, board, or probation department, as
895	892		applicable, on the date the provisions of this section are met or on
896	893		the child's 20th [19th] birthday, whichever is earlier.
897	894		SECTION 4.31. Section 61.051(c), Family Code, is amended to
898	895		read as follows:
899	896		(c) The juvenile court retains jurisdiction to enter a
900	897		contempt order if the motion for enforcement is filed not later than
901	898		six months after the child's 19th [18th] birthday.
902	899		SECTION 4.32. Section 614.019(b), Health and Safety Code,
903	900		is amended to read as follows:
904	901		(b) A child with mental illness who is receiving continuity
905	902		of care services during parole from the Texas Juvenile Justice
906	903		Department and who is no longer eligible to receive services from a
907	904		local mental health authority when the child becomes 18 [17] years
908	905		of age because the child does not meet the requirements of a local
909	906		service area plan under Section 533.0352(a) may continue to receive
910	907		continuity of care services from the office until the child
911	908		completes the child's parole.
912	909		SECTION 4.33. Section 63.001(1), Human Resources Code, is
913	910		amended to read as follows:
914	911		(1) "Juvenile" means a person from the age of 10 to 20
915	912		[18] years who:
916	913		(A) has been found to have engaged in delinquent
917	914		conduct by a juvenile court; and
918	915		(B) is under the jurisdiction of the juvenile
919	916		court [of competent jurisdiction].
920	917		SECTION 4.34. Section 152.0015, Human Resources Code, is
921	918		amended to read as follows:
922	919		Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
923	920		JUVENILES. A juvenile board shall establish a policy that
924	921		specifies whether a person who has been transferred for criminal
925	922		prosecution under Section 54.02, Family Code, and is younger than
926	923		18 [17] years of age may be detained in a juvenile facility pending
927	924		trial as provided by Section 51.12, Family Code.
928	925		SECTION 4.35. Sections 152.0016(e) and (j), Human Resources
929	926		Code, are amended to read as follows:
930	927		(e) A juvenile board or a local juvenile probation
931	928		department shall accept a person properly committed to it by a
932	929		juvenile court under Section 54.04011, Family Code, in the same
933	930		manner in which the Texas Juvenile Justice Department accepts a
934	931		person under Section 54.04(e), Family Code, even though the person
935	932		may be 18 [17] years of age or older at the time of the commitment.
936	933		(j) After a child committed to a post-adjudication secure
937	934		correctional facility with a determinate sentence under Section
938	935		54.04011(c)(2), Family Code, becomes 16 years of age but before the
939	936		child becomes 20 [19] years of age, the juvenile board or local
940	937		juvenile probation department operating or contracting for the
941	938		operation of the facility may refer the child to the juvenile court
942	939		that entered the order of commitment for approval of the child's
943	940		transfer to the Texas Department of Criminal Justice for
944	941		confinement if the child has not completed the sentence and:
945	942		(1) the child's conduct, regardless of whether the
946	943		child was released under supervision through a program established
947	944		by the board or department, indicates that the welfare of the
948	945		community requires the transfer; or
949	946		(2) while the child was released under supervision:
950	947		(A) a juvenile court adjudicated the child as
951	948		having engaged in delinquent conduct constituting a felony offense;
952	949		(B) a criminal court convicted the child of a
953	950		felony offense; or
954	951		(C) the child's release under supervision was
955	952		revoked.
956	953		SECTION 4.36. Section 201.001(a)(2), Human Resources Code,
957	954		is amended to read as follows:
958	955		(2) "Child" means an individual:
959	956		(A) 10 years of age or older and younger than 20
960	957		[18] years of age who is under the jurisdiction of a juvenile court;
961	958		or
962	959		(B) 10 years of age or older and younger than 20
963	960		[19] years of age who is committed to the department under Title 3,
964	961		Family Code.
965	962		SECTION 4.37. Section 243.051(b), Human Resources Code, is
966	963		amended to read as follows:
967	964		(b) A child who is arrested or taken into custody under
968	965		Subsection (a) may be detained in any suitable place, including an
969	966		adult jail facility if the person is 18 [17] years of age or older,
970	967		until the child is returned to the custody of the department or
971	968		transported to a department facility.
972	969		SECTION 4.38. Section 244.014(a), Human Resources Code, is
973	970		amended to read as follows:
974	971		(a) After a child sentenced to commitment under Section
975	972		54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
976	973		of age but before the child becomes 20 [19] years of age, the
977	974		department may refer the child to the juvenile court that entered
978	975		the order of commitment for approval of the child's transfer to the
979	976		Texas Department of Criminal Justice for confinement if:
980	977		(1) the child has not completed the sentence; and
981	978		(2) the child's conduct, regardless of whether the
982	979		child was released under supervision under Section 245.051,
983	980		indicates that the welfare of the community requires the transfer.
984	981		SECTION 4.39. Section 244.015, Human Resources Code, is
985	982		amended to read as follows:
986	983		Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
987	984		DETERMINATE SENTENCES. (a) When a child who is sentenced to
988	985		commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
989	986		Family Code, becomes 19 [18] years of age, the department shall
990	987		evaluate whether the child is in need of additional services that
991	988		can be completed in the six-month period after the child's 19th
992	989		[18th] birthday to prepare the child for release from the custody of
993	990		the department or transfer to the Texas Department of Criminal
994	991		Justice.
995	992		(b) This section does not apply to a child who is released
996	993		from the custody of the department or who is transferred to the
997	994		Texas Department of Criminal Justice before the child's 19th [18th]
998	995		birthday.
999	996		SECTION 4.40. Section 245.053(i), Human Resources Code, is
1000	997		amended to read as follows:
1001	998		(i) If the department requires as a condition of release
1002	999		that a child attend psychological counseling under Subsection (a),
1003	1000		the department may, before the date the period of release ends,
1004	1001		petition the appropriate court to request the court to extend the
1005	1002		period of release for an additional period necessary to complete
1006	1003		the required counseling as determined by the treatment provider,
1007	1004		except that the release period may not be extended to a date after
1008	1005		the date of the child's 19th [18th] birthday.
1009	1006		SECTION 4.41. Sections 245.151(d) and (e), Human Resources
1010	1007		Code, are amended to read as follows:
1011	1008		(d) Except as provided by Subsection (e), the department
1012	1009		shall discharge from its custody a person not already discharged on
1013	1010		the person's 20th [19th] birthday.
1014	1011		(e) The department shall transfer a person who has been
1015	1012		sentenced under a determinate sentence to commitment under Section
1016	1013		54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1017	1014		returned to the department under Section 54.11(i)(1), Family Code,
1018	1015		to the custody of the Texas Department of Criminal Justice on the
1019	1016		person's 20th [19th] birthday, if the person has not already been
1020	1017		discharged or transferred, to serve the remainder of the person's
1021	1018		sentence on parole as provided by Section 508.156, Government Code.
1022	1019		SECTION 4.42. (a) Except as provided by Subsection (b) of
1023	1020		this section, the changes in law made by this article apply only to
1024	1021		procedures relating to conduct that occurs on or after September 1,
1025	1022		2019. Procedures relating to conduct that occurred before
1026	1023		September 1, 2019, are governed by the law in effect on the date the
1027	1024		conduct occurred, and the former law is continued in effect for that
1028	1025		purpose.
1029	1026		(b) The change in law made by this article to Section
1030	1027		58.0052, Family Code, applies to the sharing of information on or
1031	1028		after September 1, 2019, without regard to whether the information
1032	1029		was compiled before, on, or after that date.
1033	1030		(c) For purposes of this section, conduct occurred before
1034	1031		September 1, 2019, if any element of the conduct occurred before
1035	1032		that date.
1036	1033		ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1037	1034		RESPONSIBILITY
1038	1035		SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1039	1036		is amended to read as follows:
1040	1037		(5) "Confidential criminal record information of a
1041	1038		child" means information about a person's involvement in the
1042	1039		criminal justice system resulting from conduct that occurred or was
1043	1040		alleged to occur when the person was younger than 18 [17] years of
1044	1041		age that is confidential under Chapter 45, Code of Criminal
1045	1042		Procedure, or other law. The term does not include:
1046	1043		(A) criminal record information of a person
1047	1044		certified to stand trial as an adult for that conduct, as provided
1048	1045		by Section 54.02, Family Code; or
1049	1046		(B) information relating to a traffic offense.
1050	1047		SECTION 5.02. Section 65.251(b), Family Code, is amended to
1051	1048		read as follows:
1052	1049		(b) If a child fails to obey an order issued by a truancy
1053	1050		court under Section 65.103(a) or a child is in direct contempt of
1054	1051		court and the child has failed to obey an order or has been found in
1055	1052		direct contempt of court on two or more previous occasions, the
1056	1053		truancy court, after providing notice and an opportunity for a
1057	1054		hearing, may refer the child to the juvenile probation department
1058	1055		as a request for truancy intervention, unless the child failed to
1059	1056		obey the truancy court order or was in direct contempt of court
1060	1057		while 18 [17] years of age or older.
1061	1058		SECTION 5.03. Section 79.001(10), Government Code, is
1062	1059		amended to read as follows:
1063	1060		(10) "Juvenile offense" means conduct committed by a
1064	1061		person while younger than 18 [17] years of age that constitutes:
1065	1062		(A) a misdemeanor punishable by confinement; or
1066	1063		(B) a felony.
1067	1064		SECTION 5.04. Section 511.009(a), Government Code, as
1068	1065		amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.
1069	1066		634), Acts of the 84th Legislature, Regular Session, 2015, is
1070	1067		reenacted and amended to read as follows:
1071	1068		(a) The commission shall:
1072	1069		(1) adopt reasonable rules and procedures
1073	1070		establishing minimum standards for the construction, equipment,
1074	1071		maintenance, and operation of county jails;
1075	1072		(2) adopt reasonable rules and procedures
1076	1073		establishing minimum standards for the custody, care, and treatment
1077	1074		of prisoners;
1078	1075		(3) adopt reasonable rules establishing minimum
1079	1076		standards for the number of jail supervisory personnel and for
1080	1077		programs and services to meet the needs of prisoners;
1081	1078		(4) adopt reasonable rules and procedures
1082	1079		establishing minimum requirements for programs of rehabilitation,
1083	1080		education, and recreation in county jails;
1084	1081		(5) revise, amend, or change rules and procedures if
1085	1082		necessary;
1086	1083		(6) provide to local government officials
1087	1084		consultation on and technical assistance for county jails;
1088	1085		(7) review and comment on plans for the construction
1089	1086		and major modification or renovation of county jails;
1090	1087		(8) require that the sheriff and commissioners of each
1091	1088		county submit to the commission, on a form prescribed by the
1092	1089		commission, an annual report on the conditions in each county jail
1093	1090		within their jurisdiction, including all information necessary to
1094	1091		determine compliance with state law, commission orders, and the
1095	1092		rules adopted under this chapter;
1096	1093		(9) review the reports submitted under Subdivision (8)
1097	1094		and require commission employees to inspect county jails regularly
1098	1095		to ensure compliance with state law, commission orders, and rules
1099	1096		and procedures adopted under this chapter;
1100	1097		(10) adopt a classification system to assist sheriffs
1101	1098		and judges in determining which defendants are low-risk and
1102	1099		consequently suitable participants in a county jail work release
1103	1100		program under Article 42.034, Code of Criminal Procedure;
1104	1101		(11) adopt rules relating to requirements for
1105	1102		segregation of classes of inmates and to capacities for county
1106	1103		jails;
1107	1104		(12) require that the chief jailer of each municipal
1108	1105		lockup submit to the commission, on a form prescribed by the
1109	1106		commission, an annual report of persons under 18 [17] years of age
1110	1107		securely detained in the lockup, including all information
1111	1108		necessary to determine compliance with state law concerning secure
1112	1109		confinement of children in municipal lockups;
1113	1110		(13) at least annually determine whether each county
1114	1111		jail is in compliance with the rules and procedures adopted under
1115	1112		this chapter;
1116	1113		(14) require that the sheriff and commissioners court
1117	1114		of each county submit to the commission, on a form prescribed by the
1118	1115		commission, an annual report of persons under 18 [17] years of age
1119	1116		securely detained in the county jail, including all information
1120	1117		necessary to determine compliance with state law concerning secure
1121	1118		confinement of children in county jails;
1122	1119		(15) schedule announced and unannounced inspections
1123	1120		of jails under the commission's jurisdiction using the risk
1124	1121		assessment plan established under Section 511.0085 to guide the
1125	1122		inspections process;
1126	1123		(16) adopt a policy for gathering and distributing to
1127	1124		jails under the commission's jurisdiction information regarding:
1128	1125		(A) common issues concerning jail
1129	1126		administration;
1130	1127		(B) examples of successful strategies for
1131	1128		maintaining compliance with state law and the rules, standards, and
1132	1129		procedures of the commission; and
1133	1130		(C) solutions to operational challenges for
1134	1131		jails;
1135	1132		(17) report to the Texas Correctional Office on
1136	1133		Offenders with Medical or Mental Impairments on a jail's compliance
1137	1134		with Article 16.22, Code of Criminal Procedure;
1138	1135		(18) adopt reasonable rules and procedures
1139	1136		establishing minimum requirements for jails to:
1140	1137		(A) determine if a prisoner is pregnant; and
1141	1138		(B) ensure that the jail's health services plan
1142	1139		addresses medical and mental health care, including nutritional
1143	1140		requirements, and any special housing or work assignment needs for
1144	1141		persons who are confined in the jail and are known or determined to
1145	1142		be pregnant;
1146	1143		(19) provide guidelines to sheriffs regarding
1147	1144		contracts between a sheriff and another entity for the provision of
1148	1145		food services to or the operation of a commissary in a jail under
1149	1146		the commission's jurisdiction, including specific provisions
1150	1147		regarding conflicts of interest and avoiding the appearance of
1151	1148		impropriety; [and]
1152	1149		(20) adopt reasonable rules and procedures
1153	1150		establishing minimum standards for prisoner visitation that
1154	1151		provide each prisoner at a county jail with a minimum of two
1155	1152		in-person, noncontact visitation periods per week of at least 20
1156	1153		minutes duration each;
1157	1154		(21) [(20)] require the sheriff of each county to:
1158	1155		(A) investigate and verify the veteran status of
1159	1156		each prisoner by using data made available from the Veterans
1160	1157		Reentry Search Service (VRSS) operated by the United States
1161	1158		Department of Veterans Affairs or a similar service; and
1162	1159		(B) use the data described by Paragraph (A) to
1163	1160		assist prisoners who are veterans in applying for federal benefits
1164	1161		or compensation for which the prisoners may be eligible under a
1165	1162		program administered by the United States Department of Veterans
1166	1163		Affairs; and
1167	1164		(22) [(20)] adopt reasonable rules and procedures
1168	1165		regarding visitation of a prisoner at a county jail by a guardian,
1169	1166		as defined by Section 1002.012, Estates Code, that:
1170	1167		(A) allow visitation by a guardian to the same
1171	1168		extent as the prisoner's next of kin, including placing the
1172	1169		guardian on the prisoner's approved visitors list on the guardian's
1173	1170		request and providing the guardian access to the prisoner during a
1174	1171		facility's standard visitation hours if the prisoner is otherwise
1175	1172		eligible to receive visitors; and
1176	1173		(B) require the guardian to provide the sheriff
1177	1174		with letters of guardianship issued as provided by Section
1178	1175		1106.001, Estates Code, before being allowed to visit the prisoner.
1179	1176		SECTION 5.05. Section 521.201, Transportation Code, is
1180	1177		amended to read as follows:
1181	1178		Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1182	1179		department may not issue any license to a person who:
1183	1180		(1) is under 15 years of age;
1184	1181		(2) is under 18 years of age unless the person complies
1185	1182		with the requirements imposed by Section 521.204;
1186	1183		(3) is shown to be addicted to the use of alcohol, a
1187	1184		controlled substance, or another drug that renders a person
1188	1185		incapable of driving;
1189	1186		(4) holds a driver's license issued by this state or
1190	1187		another state or country that is revoked, canceled, or under
1191	1188		suspension;
1192	1189		(5) has been determined by a judgment of a court to be
1193	1190		totally incapacitated or incapacitated to act as the operator of a
1194	1191		motor vehicle unless the person has, by the date of the license
1195	1192		application, been:
1196	1193		(A) restored to capacity by judicial decree; or
1197	1194		(B) released from a hospital for the mentally
1198	1195		incapacitated on a certificate by the superintendent or
1199	1196		administrator of the hospital that the person has regained
1200	1197		capacity;
1201	1198		(6) the department determines to be afflicted with a
1202	1199		mental or physical disability or disease that prevents the person
1203	1200		from exercising reasonable and ordinary control over a motor
1204	1201		vehicle while operating the vehicle on a highway, except that a
1205	1202		person may not be refused a license because of a physical defect if
1206	1203		common experience shows that the defect does not incapacitate a
1207	1204		person from safely operating a motor vehicle;
1208	1205		(7) has been reported by a court under Section
1209	1206		521.3452 for failure to appear unless the court has filed an
1210	1207		additional report on final disposition of the case; or
1211	1208		(8) has been reported by a court for failure to appear
1212	1209		or default in payment of a fine for a misdemeanor that is not
1213	1210		covered under Subdivision (7) and that is punishable by a fine only,
1214	1211		including a misdemeanor under a municipal ordinance, committed by a
1215	1212		person who was under 18 [17] years of age at the time of the alleged
1216	1213		offense, unless the court has filed an additional report on final
1217	1214		disposition of the case.
1218	1215		SECTION 5.06. Section 521.294, Transportation Code, is
1219	1216		amended to read as follows:
1220	1217		Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1221	1218		REVOCATION. The department shall revoke the person's license if
1222	1219		the department determines that the person:
1223	1220		(1) is incapable of safely operating a motor vehicle;
1224	1221		(2) has not complied with the terms of a citation
1225	1222		issued by a jurisdiction that is a party to the Nonresident Violator
1226	1223		Compact of 1977 for a traffic violation to which that compact
1227	1224		applies;
1228	1225		(3) has failed to provide medical records or has
1229	1226		failed to undergo medical or other examinations as required by a
1230	1227		panel of the medical advisory board;
1231	1228		(4) has failed to pass an examination required by the
1232	1229		director under this chapter;
1233	1230		(5) has been reported by a court under Section
1234	1231		521.3452 for failure to appear unless the court files an additional
1235	1232		report on final disposition of the case;
1236	1233		(6) has been reported within the preceding two years
1237	1234		by a justice or municipal court for failure to appear or for a
1238	1235		default in payment of a fine for a misdemeanor punishable only by
1239	1236		fine, other than a failure reported under Section 521.3452,
1240	1237		committed by a person who is at least 14 years of age but younger
1241	1238		than 18 [17] years of age when the offense was committed, unless the
1242	1239		court files an additional report on final disposition of the case;
1243	1240		or
1244	1241		(7) has committed an offense in another state or
1245	1242		Canadian province that, if committed in this state, would be
1246	1243		grounds for revocation.
1247	1244		SECTION 5.07. Section 109.001(5), Business & Commerce Code,
1248	1245		and Sections 521.201 and 521.294, Transportation Code, as amended
1249	1246		by this article, apply only to an offense committed on or after
1250	1247		September 1, 2019. An offense committed before September 1, 2019,
1251	1248		is governed by the law in effect on the date the offense was
1252	1249		committed, and the former law is continued in effect for that
1253	1250		purpose. For purposes of this section, an offense was committed
1254	1251		before September 1, 2019, if any element of the offense occurred
1255	1252		before that date.
1256	1253		ARTICLE 6. ADVISORY COMMITTEE
1257	1254		SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1258	1255		Not later than December 1, 2018, the Texas Juvenile Justice Board
1259	1256		shall appoint an advisory committee to monitor and evaluate
1260	1257		implementation of this Act.
1261	1258		(b) In making appointments to the advisory committee, the
1262	1259		board shall include members who are interested parties, including:
1263	1260		(1) the executive director of the Texas Juvenile
1264	1261		Justice Department or the executive director's designee;
1265	1262		(2) the director of probation services of the Texas
1266	1263		Juvenile Justice Department or the director's designee;
1267	1264		(3) the executive commissioner of the Health and Human
1268	1265		Services Commission or the executive commissioner's designee;
1269	1266		(4) one representative of county commissioners courts
1270	1267		appointed by the board;
1271	1268		(5) two juvenile court judges appointed by the board;
1272	1269		(6) seven chief juvenile probation officers appointed
1273	1270		by the board as provided by Subsection (c) of this section;
1274	1271		(7) juvenile prosecutors;
1275	1272		(8) juvenile defense attorneys;
1276	1273		(9) juvenile justice advocates; and
1277	1274		(10) individuals who were adjudicated for juvenile
1278	1275		offenses in this state or who were prosecuted as adults for offenses
1279	1276		committed when they were 17 years old, or their family members.
1280	1277		(c) The board shall appoint to the advisory council one
1281	1278		chief juvenile probation officer from each regional chiefs
1282	1279		association in this state from a list of nominees submitted to the
1283	1280		board by each regional chiefs association. To the greatest extent
1284	1281		practicable, a regional chiefs association shall include in the
1285	1282		association's list of nominees:
1286	1283		(1) one chief juvenile probation officer of a juvenile
1287	1284		probation department serving a county with a population that
1288	1285		includes fewer than 7,500 persons younger than 18 years of age;
1289	1286		(2) one chief juvenile probation officer of a juvenile
1290	1287		probation department serving a county with a population that
1291	1288		includes at least 7,500 but fewer than 80,000 persons younger than
1292	1289		18 years of age; and
1293	1290		(3) one chief juvenile probation officer of a juvenile
1294	1291		probation department serving a county with a population that
1295	1292		includes 80,000 or more persons younger than 18 years of age.
1296	1293		(d) The board shall designate one of the members as
1297	1294		presiding officer of the advisory committee.
1298	1295		(e) The advisory committee shall assist the Texas Juvenile
1299	1296		Justice Department in evaluating and monitoring the implementation
1300	1297		of this Act, which includes determining the needs and problems of
1301	1298		county juvenile boards and probation departments, and offer
1302	1299		recommendations to meet identified needs and problems.
1303		-	(f) Members of the advisory committee serve without
	1300	+	(f) The advisory committee shall analyze the anticipated
	1301	+	cost to this state of implementing this Act. Not later than
	1302	+	December 1, 2018, the advisory committee shall produce a report
	1303	+	summarizing the results of the analysis and deliver the report to
	1304	+	the governor, the lieutenant governor, and each member of the
	1305	+	legislature.
	1306	+	(g) Members of the advisory committee serve without
1304	1307		compensation and are not entitled to reimbursement for expenses.
1305		-	(g) The advisory committee is not subject to Chapter 2110,
	1308	+	(h) The advisory committee is not subject to Chapter 2110,
1306	1309		Government Code.
1307		-	(h) The advisory committee is abolished and this article
1308		-	expires ~~June~~ 1, ~~2020~~.
	1310	+	(i) The advisory committee is abolished and this article
	1311	+	expires December 1, 2021.
1309	1312		ARTICLE 7. TRANSITION AND EFFECTIVE DATES
1310	1313		SECTION 7.01. To the extent of any conflict, this Act
1311	1314		prevails over another Act of the 85th Legislature, Regular Session,
1312	1315		2017, relating to nonsubstantive additions to and corrections in
1313	1316		enacted codes.
1314	1317		SECTION 7.02. (a) Except as provided by Subsection (b) of
1315		-	this section, this Act takes effect September 1, ~~2019~~.
	1318	+	this section, this Act takes effect September 1, 2021.
1316	1319		(b) Article 6 of this Act takes effect September 1, 2017.