Texas 2017 - 85th Regular

Texas House Bill HB676 Compare Versions

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

Old	New	Differences
1	1	85R1802 ADM-D
2	2	By: Wu H.B. No. 676
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 that occurs on or after the
31	31	effective date of this Act. An offense committed or conduct that
32	32	occurs before the effective date of this Act is governed by the law
33	33	in effect on the date the offense was committed or the conduct
34	34	occurred, and the former law is continued in effect for that
35	35	purpose. For purposes of this section, an offense was committed or
36	36	conduct occurred before the effective date of this Act if any
37	37	element of the offense or conduct occurred before that date.
38	38	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
39	39	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
40	40	read as follows:
41	41	(e) An offense under this section is one category lower than
42	42	the solicited offense, except that an offense under this section is
43	43	the same category as the solicited offense if it is shown on the
44	44	trial of the offense that the actor:
45	45	(1) was at the time of the offense 18 [17] years of age
46	46	or older and a member of a criminal street gang, as defined by
47	47	Section 71.01; and
48	48	(2) committed the offense with the intent to:
49	49	(A) further the criminal activities of the
50	50	criminal street gang; or
51	51	(B) avoid detection as a member of a criminal
52	52	street gang.
53	53	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
54	54	read as follows:
55	55	(b) A person commits an offense if:
56	56	(1) during a period that is 30 or more days in
57	57	duration, the person commits two or more acts of sexual abuse,
58	58	regardless of whether the acts of sexual abuse are committed
59	59	against one or more victims; and
60	60	(2) at the time of the commission of each of the acts
61	61	of sexual abuse, the actor is 18 [17] years of age or older and the
62	62	victim is a child younger than 14 years of age.
63	63	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
64	64	read as follows:
65	65	(b) A person who is 18 [17] years of age or older commits an
66	66	offense if, with the intent to commit an offense listed in Article
67	67	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
68	68	over the Internet, by electronic mail or text message or other
69	69	electronic message service or system, or through a commercial
70	70	online service, intentionally:
71	71	(1) communicates in a sexually explicit manner with a
72	72	minor; or
73	73	(2) distributes sexually explicit material to a minor.
74	74	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
75	75	read as follows:
76	76	(c) Except as provided by Subsection (d), the punishment
77	77	prescribed for an offense described by Subsection (b) is increased
78	78	to the punishment prescribed for the next highest category of
79	79	offense if the actor is 18 [17] years of age or older and it is shown
80	80	beyond a reasonable doubt on the trial of the offense that the actor
81	81	committed the offense at a location that was:
82	82	(1) in, on, or within 1,000 feet of any:
83	83	(A) real property that is owned, rented, or
84	84	leased by a school or school board;
85	85	(B) premises owned, rented, or leased by an
86	86	institution of higher education;
87	87	(C) premises of a public or private youth center;
88	88	or
89	89	(D) playground;
90	90	(2) in, on, or within 300 feet of any:
91	91	(A) shopping mall;
92	92	(B) movie theater;
93	93	(C) premises of a public swimming pool; or
94	94	(D) premises of a video arcade facility; or
95	95	(3) on a school bus.
96	96	SECTION 2.05. Section 729.001(a), Transportation Code, is
97	97	amended to read as follows:
98	98	(a) A person who is younger than 18 [17] years of age commits
99	99	an offense if the person operates a motor vehicle on a public road
100	100	or highway, a street or alley in a municipality, or a public beach
101	101	in violation of any traffic law of this state, including:
102	102	(1) Chapter 502, other than Section [502.282 or]
103	103	502.412;
104	104	(2) Chapter 521, other than an offense under Section
105	105	521.457;
106	106	(3) Subtitle C, other than an offense punishable by
107	107	imprisonment or by confinement in jail under Section 550.021,
108	108	550.022, 550.024, or 550.025;
109	109	(4) Chapter 601;
110	110	(5) Chapter 621;
111	111	(6) Chapter 661; and
112	112	(7) Chapter 681.
113	113	SECTION 2.06. Section 729.002, Transportation Code, is
114	114	amended to read as follows:
115	115	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
116	116	LICENSE. (a) A person who is younger than 18 [17] years of age
117	117	commits an offense if the person operates a motor vehicle without a
118	118	driver's license authorizing the operation of a motor vehicle on a:
119	119	(1) public road or highway;
120	120	(2) street or alley in a municipality; or
121	121	(3) public beach as defined by Section 729.001.
122	122	(b) An offense under this section is punishable in the same
123	123	manner as if the person was 18 [17] years of age or older and
124	124	operated a motor vehicle without a license as described by
125	125	Subsection (a), except that an offense under this section is not
126	126	punishable by confinement or imprisonment.
127	127	SECTION 2.07. The changes in law made by this article apply
128	128	only to an offense committed on or after the effective date of this
129	129	Act. An offense committed before the effective date of this Act is
130	130	governed by the law in effect on the date the offense was committed,
131	131	and the former law is continued in effect for that purpose. For
132	132	purposes of this section, an offense was committed before the
133	133	effective date of this Act if any element of the offense occurred
134	134	before that date.
135	135	ARTICLE 3. CRIMINAL PROCEDURES
136	136	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
137	137	amended to read as follows:
138	138	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
139	139	ADULT. (a) Notwithstanding the order of a juvenile court to
140	140	detain a person under the age of 18 [17] who has been certified to
141	141	stand trial as an adult in a certified juvenile detention facility
142	142	under Section 54.02(h), Family Code, the judge of the criminal
143	143	court having jurisdiction over the person may order the person to be
144	144	transferred to an adult facility. A child who is transferred to an
145	145	adult facility must be detained under conditions meeting the
146	146	requirements of Section 51.12, Family Code.
147	147	(b) On the 18th [17th] birthday of a person described by
148	148	Subsection (a) who is detained in a certified juvenile detention
149	149	facility under Section 54.02(h), Family Code, the judge of the
150	150	criminal court having jurisdiction over the person shall order the
151	151	person to be transferred to an adult facility.
152	152	SECTION 3.02. Article 45.0215(a), Code of Criminal
153	153	Procedure, is amended to read as follows:
154	154	(a) This article applies to a defendant who has not had the
155	155	disabilities of minority removed and [has been:
156	156	[(1) charged with an offense other than an offense
157	157	under Section 43.261, Penal Code, if the defendant is younger than
158	158	17 years of age; or
159	159	[(2) charged with an offense under Section 43.261,
160	160	Penal Code, if the defendant] is younger than 18 years of age.
161	161	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
162	162	Procedure, are amended to read as follows:
163	163	(b) A person may apply to the court in which the person was
164	164	convicted to have the conviction expunged as provided by this
165	165	article on or after the person's 18th [17th] birthday if:
166	166	(1) the person was convicted of not more than one
167	167	offense described by Section 8.07(a)(4) or (5), Penal Code, while
168	168	the person was a child; or
169	169	(2) the person was convicted only once of an offense
170	170	under Section 43.261, Penal Code.
171	171	(h) Records of a person under 18 [17] years of age relating
172	172	to a complaint may be expunged under this article if:
173	173	(1) the complaint was dismissed under Article 45.051
174	174	or 45.052 or other law; or
175	175	(2) the person was acquitted of the offense.
176	176	SECTION 3.04. Article 45.045(b), Code of Criminal
177	177	Procedure, is amended to read as follows:
178	178	(b) A capias pro fine may not be issued for an individual
179	179	convicted for an offense committed before the individual's 18th
180	180	[17th] birthday unless:
181	181	(1) the individual is 18 [17] years of age or older;
182	182	(2) the court finds that the issuance of the capias pro
183	183	fine is justified after considering:
184	184	(A) the sophistication and maturity of the
185	185	individual;
186	186	(B) the criminal record and history of the
187	187	individual; and
188	188	(C) the reasonable likelihood of bringing about
189	189	the discharge of the judgment through the use of procedures and
190	190	services currently available to the court; and
191	191	(3) the court has proceeded under Article 45.050 to
192	192	compel the individual to discharge the judgment.
193	193	SECTION 3.05. Article 45.0492(a), Code of Criminal
194	194	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
195	195	Legislature, Regular Session, 2011, is amended to read as follows:
196	196	(a) This article applies only to a defendant younger than 18
197	197	[17] years of age who is assessed a fine or costs for a Class C
198	198	misdemeanor occurring in a building or on the grounds of the primary
199	199	or secondary school at which the defendant was enrolled at the time
200	200	of the offense.
201	201	SECTION 3.06. Article 45.0492(a), Code of Criminal
202	202	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
203	203	Legislature, Regular Session, 2011, is amended to read as follows:
204	204	(a) This article applies only to a defendant younger than 18
205	205	[17] years of age who is assessed a fine or costs for a Class C
206	206	misdemeanor.
207	207	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
208	208	Criminal Procedure, are amended to read as follows:
209	209	(d) A justice or municipal court may hold a person in
210	210	contempt and impose a remedy authorized by Subsection (c)(2) if:
211	211	(1) the person was convicted for an offense committed
212	212	before the person's 18th [17th] birthday;
213	213	(2) the person failed to obey the order while the
214	214	person was 18 [17] years of age or older; and
215	215	(3) the failure to obey occurred under circumstances
216	216	that constitute contempt of court.
217	217	(e) A justice or municipal court may hold a person in
218	218	contempt and impose a remedy authorized by Subsection (c)(2) if the
219	219	person, while younger than 18 [17] years of age, engaged in conduct
220	220	in contempt of an order issued by the justice or municipal court,
221	221	but contempt proceedings could not be held before the person's 18th
222	222	[17th] birthday.
223	223	(g) A justice or municipal court may not refer a child who
224	224	violates a court order while 18 [17] years of age or older to a
225	225	juvenile court for delinquency proceedings for contempt of court.
226	226	SECTION 3.08. Article 45.057(h), Code of Criminal
227	227	Procedure, is amended to read as follows:
228	228	(h) A child and parent required to appear before the court
229	229	have an obligation to provide the court in writing with the current
230	230	address and residence of the child. The obligation does not end
231	231	when the child reaches age 18 [17]. On or before the seventh day
232	232	after the date the child or parent changes residence, the child or
233	233	parent shall notify the court of the current address in the manner
234	234	directed by the court. A violation of this subsection may result in
235	235	arrest and is a Class C misdemeanor. The obligation to provide
236	236	notice terminates on discharge and satisfaction of the judgment or
237	237	final disposition not requiring a finding of guilt.
238	238	SECTION 3.09. Article 45.058(h), Code of Criminal
239	239	Procedure, is amended to read as follows:
240	240	(h) In this article, "child" means a person who is:
241	241	(1) at least 10 years of age and younger than 18 [17]
242	242	years of age; and
243	243	(2) charged with or convicted of an offense that a
244	244	justice or municipal court has jurisdiction of under Article 4.11
245	245	or 4.14.
246	246	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
247	247	Criminal Procedure, are amended to read as follows:
248	248	(a) Except as provided by Articles 45.058 and 45.059, an
249	249	individual may not be taken into secured custody for offenses
250	250	alleged to have occurred before the individual's 18th [17th]
251	251	birthday.
252	252	(b) On or after an individual's 18th [17th] birthday, if the
253	253	court has used all available procedures under this chapter to
254	254	secure the individual's appearance to answer allegations made
255	255	before the individual's 18th [17th] birthday, the court may issue a
256	256	notice of continuing obligation to appear by personal service or by
257	257	mail to the last known address and residence of the individual. The
258	258	notice must order the individual to appear at a designated time,
259	259	place, and date to answer the allegations detailed in the notice.
260	260	(e) A notice of continuing obligation to appear issued under
261	261	this article must contain the following statement provided in
262	262	boldfaced type or capital letters:
263	263	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
264	264	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
265	265	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
266	266	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
267	267	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
268	268	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
269	269	FOR YOUR ARREST."
270	270	SECTION 3.11. Article 62.001(6), Code of Criminal
271	271	Procedure, is amended to read as follows:
272	272	(6) "Sexually violent offense" means any of the
273	273	following offenses committed by a person 18 [17] years of age or
274	274	older:
275	275	(A) an offense under Section 21.02 (Continuous
276	276	sexual abuse of young child or children), 21.11(a)(1) (Indecency
277	277	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
278	278	sexual assault), Penal Code;
279	279	(B) an offense under Section 43.25 (Sexual
280	280	performance by a child), Penal Code;
281	281	(C) an offense under Section 20.04(a)(4)
282	282	(Aggravated kidnapping), Penal Code, if the defendant committed the
283	283	offense with intent to violate or abuse the victim sexually;
284	284	(D) an offense under Section 30.02 (Burglary),
285	285	Penal Code, if the offense is punishable under Subsection (d) of
286	286	that section and the defendant committed the offense with intent to
287	287	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
288	288	or
289	289	(E) an offense under the laws of another state,
290	290	federal law, the laws of a foreign country, or the Uniform Code of
291	291	Military Justice if the offense contains elements that are
292	292	substantially similar to the elements of an offense listed under
293	293	Paragraph (A), (B), (C), or (D).
294	294	SECTION 3.12. Section 37.085, Education Code, is amended to
295	295	read as follows:
296	296	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
297	297	MISDEMEANORS. Notwithstanding any other provision of law, a
298	298	warrant may not be issued for the arrest of a person for a Class C
299	299	misdemeanor under this code committed when the person was younger
300	300	than 18 [17] years of age.
301	301	SECTION 3.13. Section 521.453(i), Transportation Code, is
302	302	amended to read as follows:
303	303	(i) If the person ordered to perform community service under
304	304	Subsection (h) is younger than 18 [17] years of age, the community
305	305	service shall be performed as if ordered by a juvenile court under
306	306	Section 54.044(a), Family Code, as a condition of probation under
307	307	Section 54.04(d), Family Code.
308	308	SECTION 3.14. (a) Except as provided by Subsection (b) of
309	309	this section, the changes in law made by this article apply only to
310	310	an offense committed on or after the effective date of this Act. An
311	311	offense committed before the effective date of this Act is governed
312	312	by the law in effect on the date the offense was committed, and the
313	313	former law is continued in effect for that purpose.
314	314	(b) Articles 45.0216(b) and (h), Code of Criminal
315	315	Procedure, as amended by this article, apply only to the expunction
316	316	of certain records related to an offense committed on or after the
317	317	effective date of this Act. The expunction of certain records
318	318	related to an offense committed before the effective date of this
319	319	Act is governed by the law in effect on the date the offense was
320	320	committed, and the former law is continued in effect for that
321	321	purpose.
322	322	(c) For purposes of this section, an offense was committed
323	323	before the effective date of this Act if any element of the offense
324	324	occurred before that date.
325	325	ARTICLE 4. JUVENILE COURT PROCEDURES
326	326	SECTION 4.01. Section 51.041, Family Code, is amended to
327	327	read as follows:
328	328	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
329	329	retains jurisdiction over a person, without regard to the age of the
330	330	person, for conduct engaged in by the person before becoming 18 [17]
331	331	years of age if, as a result of an appeal by the person or the state
332	332	under Chapter 56 of an order of the court, the order is reversed or
333	333	modified and the case remanded to the court by the appellate court.
334	334	(b) If the respondent is at least 18 years of age when the
335	335	order of remand from the appellate court is received by the juvenile
336	336	court, the juvenile court shall proceed as provided by Sections
337	337	54.02(o)-(r) for the detention of a person at least 19 [18] years of
338	338	age in discretionary transfer proceedings. Pending retrial of the
339	339	adjudication or transfer proceeding, the juvenile court may:
340	340	(1) order the respondent released from custody;
341	341	(2) order the respondent detained in a juvenile
342	342	detention facility; or
343	343	(3) set bond and order the respondent detained in a
344	344	county adult facility if bond is not made.
345	345	SECTION 4.02. Section 51.0412, Family Code, is amended to
346	346	read as follows:
347	347	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
348	348	The court retains jurisdiction over a person, without regard to the
349	349	age of the person, who is a respondent in an adjudication
350	350	proceeding, a disposition proceeding, a proceeding to modify
351	351	disposition, a proceeding for waiver of jurisdiction and transfer
352	352	to criminal court under Section 54.02(a), or a motion for transfer
353	353	of determinate sentence probation to an appropriate district court
354	354	if:
355	355	(1) the petition or motion was filed while the
356	356	respondent was younger than 19 or 20 [18 or 19] years of age, as
357	357	applicable;
358	358	(2) the proceeding is not complete before the
359	359	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
360	360	and
361	361	(3) the court enters a finding in the proceeding that
362	362	the prosecuting attorney exercised due diligence in an attempt to
363	363	complete the proceeding before the respondent became 19 or 20 [18 or
364	364	19] years of age, as applicable.
365	365	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
366	366	amended to read as follows:
367	367	(f) A child detained in a building that contains a jail,
368	368	lockup, or other place of secure confinement, including an alcohol
369	369	or other drug treatment facility, shall be separated by sight and
370	370	sound from adults detained in the same building. Children and
371	371	adults are separated by sight and sound only if they are unable to
372	372	see each other and conversation between them is not possible. The
373	373	separation must extend to all areas of the facility, including
374	374	sally ports and passageways, and those areas used for admission,
375	375	counseling, sleeping, toileting, showering, dining, recreational,
376	376	educational, or vocational activities, and health care. The
377	377	separation may be accomplished through architectural design. A
378	378	person who has been transferred for prosecution in criminal court
379	379	under Section 54.02 and is under 18 [17] years of age is considered
380	380	a child for the purposes of this subsection.
381	381	(h) This section does not apply to a person:
382	382	(1) who has been transferred to criminal court for
383	383	prosecution under Section 54.02 and is at least 18 [17] years of
384	384	age; or
385	385	(2) who is at least 18 [17] years of age and who has
386	386	been taken into custody after having:
387	387	(A) escaped from a juvenile facility operated by
388	388	or under contract with the Texas Juvenile Justice Department; or
389	389	(B) violated a condition of release under
390	390	supervision of the department.
391	391	SECTION 4.04. Section 54.02(j), Family Code, is amended to
392	392	read as follows:
393	393	(j) The juvenile court may waive its exclusive original
394	394	jurisdiction and transfer a person to the appropriate district
395	395	court or criminal district court for criminal proceedings if:
396	396	(1) the person is 19 [18] years of age or older;
397	397	(2) the person was:
398	398	(A) 10 years of age or older and under 18 [17]
399	399	years of age at the time the person is alleged to have committed a
400	400	capital felony or an offense under Section 19.02, Penal Code;
401	401	(B) 14 years of age or older and under 18 [17]
402	402	years of age at the time the person is alleged to have committed an
403	403	aggravated controlled substance felony or a felony of the first
404	404	degree other than an offense under Section 19.02, Penal Code; or
405	405	(C) 15 years of age or older and under 18 [17]
406	406	years of age at the time the person is alleged to have committed a
407	407	felony of the second or third degree or a state jail felony;
408	408	(3) no adjudication concerning the alleged offense has
409	409	been made or no adjudication hearing concerning the offense has
410	410	been conducted;
411	411	(4) the juvenile court finds from a preponderance of
412	412	the evidence that:
413	413	(A) for a reason beyond the control of the state
414	414	it was not practicable to proceed in juvenile court before the 19th
415	415	[18th] birthday of the person; or
416	416	(B) after due diligence of the state it was not
417	417	practicable to proceed in juvenile court before the 19th [18th]
418	418	birthday of the person because:
419	419	(i) the state did not have probable cause to
420	420	proceed in juvenile court and new evidence has been found since the
421	421	19th [18th] birthday of the person;
422	422	(ii) the person could not be found; or
423	423	(iii) a previous transfer order was
424	424	reversed by an appellate court or set aside by a district court; and
425	425	(5) the juvenile court determines that there is
426	426	probable cause to believe that the child before the court committed
427	427	the offense alleged.
428	428	SECTION 4.05. Section 54.0326(b), Family Code, is amended
429	429	to read as follows:
430	430	(b) A juvenile court may defer adjudication proceedings
431	431	under Section 54.03 until the child's 19th [18th] birthday and
432	432	require a child to participate in a program established under
433	433	Section 152.0017, Human Resources Code, if the child:
434	434	(1) is alleged to have engaged in delinquent conduct
435	435	or conduct indicating a need for supervision and may be a victim of
436	436	conduct that constitutes an offense under Section 20A.02, Penal
437	437	Code; and
438	438	(2) presents to the court an oral or written request to
439	439	participate in the program.
440	440	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
441	441	are amended to read as follows:
442	442	(e) The Texas Juvenile Justice Department shall accept a
443	443	person properly committed to it by a juvenile court even though the
444	444	person may be 18 [17] years of age or older at the time of
445	445	commitment.
446	446	(l) Except as provided by Subsection (q), a court or jury
447	447	may place a child on probation under Subsection (d)(1) for any
448	448	period, except that probation may not continue on or after the
449	449	child's 19th [18th] birthday. Except as provided by Subsection
450	450	(q), the court may, before the period of probation ends, extend the
451	451	probation for any period, except that the probation may not extend
452	452	to or after the child's 19th [18th] birthday.
453	453	(q) If a court or jury sentences a child to commitment in the
454	454	Texas Juvenile Justice Department or a post-adjudication secure
455	455	correctional facility under Subsection (d)(3) for a term of not
456	456	more than 10 years, the court or jury may place the child on
457	457	probation under Subsection (d)(1) as an alternative to making the
458	458	disposition under Subsection (d)(3). The court shall prescribe
459	459	the period of probation ordered under this subsection for a term of
460	460	not more than 10 years. The court may, before the sentence of
461	461	probation expires, extend the probationary period under Section
462	462	54.05, except that the sentence of probation and any extension may
463	463	not exceed 10 years. The court may, before the child's 20th [19th]
464	464	birthday, discharge the child from the sentence of probation. If a
465	465	sentence of probation ordered under this subsection and any
466	466	extension of probation ordered under Section 54.05 will continue
467	467	after the child's 20th [19th] birthday, the court shall discharge
468	468	the child from the sentence of probation on the child's 20th [19th]
469	469	birthday unless the court transfers the child to an appropriate
470	470	district court under Section 54.051.
471	471	SECTION 4.07. Section 54.0405(i), Family Code, is amended
472	472	to read as follows:
473	473	(i) A court that requires as a condition of probation that a
474	474	child attend psychological counseling under Subsection (a) may,
475	475	before the date the probation period ends, extend the probation for
476	476	any additional period necessary to complete the required counseling
477	477	as determined by the treatment provider, except that the probation
478	478	may not be extended to a date after the date of the child's 19th
479	479	[18th] birthday, or 20th [19th] birthday if the child is placed on
480	480	determinate sentence probation under Section 54.04(q).
481	481	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
482	482	amended to read as follows:
483	483	(b) If a child is found to have engaged in delinquent
484	484	conduct or conduct indicating a need for supervision arising from
485	485	the commission of an offense in which property damage or loss or
486	486	personal injury occurred, the juvenile court, on notice to all
487	487	persons affected and on hearing, may order the child or a parent to
488	488	make full or partial restitution to the victim of the offense. The
489	489	program of restitution must promote the rehabilitation of the
490	490	child, be appropriate to the age and physical, emotional, and
491	491	mental abilities of the child, and not conflict with the child's
492	492	schooling. When practicable and subject to court supervision, the
493	493	court may approve a restitution program based on a settlement
494	494	between the child and the victim of the offense. An order under
495	495	this subsection may provide for periodic payments by the child or a
496	496	parent of the child for the period specified in the order but except
497	497	as provided by Subsection (h), that period may not extend past the
498	498	date of the 19th [18th] birthday of the child or past the date the
499	499	child is no longer enrolled in an accredited secondary school in a
500	500	program leading toward a high school diploma, whichever date is
501	501	later.
502	502	(h) If the juvenile court places the child on probation in a
503	503	determinate sentence proceeding initiated under Section 53.045 and
504	504	transfers supervision on the child's 20th [19th] birthday to a
505	505	district court for placement on community supervision, the district
506	506	court shall require the payment of any unpaid restitution as a
507	507	condition of the community supervision. The liability of the
508	508	child's parent for restitution may not be extended by transfer to a
509	509	district court for supervision.
510	510	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
511	511	amended to read as follows:
512	512	(a) Any [Except as provided by Subsection (a-1), any]
513	513	disposition, except a commitment to the Texas Juvenile Justice
514	514	Department, may be modified by the juvenile court as provided in
515	515	this section until:
516	516	(1) the child reaches:
517	517	(A) the child's 19th [18th] birthday; or
518	518	(B) the child's 20th [19th] birthday, if the
519	519	child was placed on determinate sentence probation under Section
520	520	54.04(q); or
521	521	(2) the child is earlier discharged by the court or
522	522	operation of law.
523	523	(b) Except for a commitment to the Texas Juvenile Justice
524	524	Department or to a post-adjudication secure correctional facility
525	525	under Section 54.04011 or a placement on determinate sentence
526	526	probation under Section 54.04(q), all dispositions automatically
527	527	terminate when the child reaches the child's 19th [18th] birthday.
528	528	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
529	529	(i), Family Code, are amended to read as follows:
530	530	(a) On motion of the state concerning a child who is placed
531	531	on probation under Section 54.04(q) for a period, including any
532	532	extension ordered under Section 54.05, that will continue after the
533	533	child's 20th [19th] birthday, the juvenile court shall hold a
534	534	hearing to determine whether to transfer the child to an
535	535	appropriate district court or discharge the child from the sentence
536	536	of probation.
537	537	(b) The hearing must be conducted before the person's 20th
538	538	[19th] birthday[, or before the person's 18th birthday if the
539	539	offense for which the person was placed on probation occurred
540	540	before September 1, 2011,] and must be conducted in the same manner
541	541	as a hearing to modify disposition under Section 54.05.
542	542	(c) If, after a hearing, the court determines to discharge
543	543	the child, the court shall specify a date on or before the child's
544	544	20th [19th] birthday to discharge the child from the sentence of
545	545	probation.
546	546	(d) If, after a hearing, the court determines to transfer
547	547	the child, the court shall transfer the child to an appropriate
548	548	district court on the child's 20th [19th] birthday.
549	549	(e-2) If a person who is placed on community supervision
550	550	under this section violates a condition of that supervision or if
551	551	the person violated a condition of probation ordered under Section
552	552	54.04(q) and that probation violation was not discovered by the
553	553	state before the person's 20th [19th] birthday, the district court
554	554	shall dispose of the violation of community supervision or
555	555	probation, as appropriate, in the same manner as if the court had
556	556	originally exercised jurisdiction over the case. If the judge
557	557	revokes community supervision, the judge may reduce the prison
558	558	sentence to any length without regard to the minimum term imposed by
559	559	Article 42A.755(a), Code of Criminal Procedure.
560	560	(i) If the juvenile court exercises jurisdiction over a
561	561	person who is 19 or 20 [18 or 19] years of age or older, as
562	562	applicable, under Section 51.041 or 51.0412, the court or jury may,
563	563	if the person is otherwise eligible, place the person on probation
564	564	under Section 54.04(q). The juvenile court shall set the
565	565	conditions of probation and immediately transfer supervision of the
566	566	person to the appropriate court exercising criminal jurisdiction
567	567	under Subsection (e).
568	568	SECTION 4.11. Section 54.11(l), Family Code, is amended to
569	569	read as follows:
570	570	(l) Pending the conclusion of a transfer hearing, the
571	571	juvenile court shall order that the person who is referred for
572	572	transfer be detained in a certified juvenile detention facility as
573	573	provided by Subsection (m). If the person is at least 18 [17] years
574	574	of age, the juvenile court may order that the person be detained
575	575	without bond in an appropriate county facility for the detention of
576	576	adults accused of criminal offenses.
577	577	SECTION 4.12. Section 55.15, Family Code, is amended to
578	578	read as follows:
579	579	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
580	580	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
581	581	which the child's case is referred under Section 55.12(2) orders
582	582	mental health services for the child, the child shall be cared for,
583	583	treated, and released in conformity to Subtitle C, Title 7, Health
584	584	and Safety Code, except:
585	585	(1) a court order for mental health services for a
586	586	child automatically expires on the 120th day after the date the
587	587	child becomes 19 [18] years of age; and
588	588	(2) the administrator of a mental health facility
589	589	shall notify, in writing, by certified mail, return receipt
590	590	requested, the juvenile court that ordered mental health services
591	591	or the juvenile court that referred the case to a court that ordered
592	592	the mental health services of the intent to discharge the child at
593	593	least 10 days prior to discharge.
594	594	SECTION 4.13. Section 55.18, Family Code, is amended to
595	595	read as follows:
596	596	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
597	597	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
598	598	mental health facility before reaching 19 [18] years of age, the
599	599	juvenile court may:
600	600	(1) dismiss the juvenile court proceedings with
601	601	prejudice; or
602	602	(2) continue with proceedings under this title as
603	603	though no order of mental health services had been made.
604	604	SECTION 4.14. The heading to Section 55.19, Family Code, is
605	605	amended to read as follows:
606	606	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
607	607	BIRTHDAY.
608	608	SECTION 4.15. Section 55.19(a), Family Code, is amended to
609	609	read as follows:
610	610	(a) The juvenile court shall transfer all pending
611	611	proceedings from the juvenile court to a criminal court on the 19th
612	612	[18th] birthday of a child for whom the juvenile court or a court to
613	613	which the child's case is referred under Section 55.12(2) has
614	614	ordered inpatient mental health services if:
615	615	(1) the child is not discharged or furloughed from the
616	616	inpatient mental health facility before reaching 19 [18] years of
617	617	age; and
618	618	(2) the child is alleged to have engaged in delinquent
619	619	conduct that included a violation of a penal law listed in Section
620	620	53.045 and no adjudication concerning the alleged conduct has been
621	621	made.
622	622	SECTION 4.16. Section 55.43(a), Family Code, is amended to
623	623	read as follows:
624	624	(a) The prosecuting attorney may file with the juvenile
625	625	court a motion for a restoration hearing concerning a child if:
626	626	(1) the child is found unfit to proceed as a result of
627	627	mental illness or an intellectual disability; and
628	628	(2) the child:
629	629	(A) is not:
630	630	(i) ordered by a court to receive inpatient
631	631	mental health services;
632	632	(ii) committed by a court to a residential
633	633	care facility; or
634	634	(iii) ordered by a court to receive
635	635	treatment on an outpatient basis; or
636	636	(B) is discharged or currently on furlough from a
637	637	mental health facility or outpatient center before the child
638	638	reaches 19 [18] years of age.
639	639	SECTION 4.17. The heading to Section 55.44, Family Code, is
640	640	amended to read as follows:
641	641	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
642	642	BIRTHDAY OF CHILD.
643	643	SECTION 4.18. Section 55.44(a), Family Code, is amended to
644	644	read as follows:
645	645	(a) The juvenile court shall transfer all pending
646	646	proceedings from the juvenile court to a criminal court on the 19th
647	647	[18th] birthday of a child for whom the juvenile court or a court to
648	648	which the child's case is referred has ordered inpatient mental
649	649	health services or residential care for persons with an
650	650	intellectual disability if:
651	651	(1) the child is not discharged or currently on
652	652	furlough from the facility before reaching 19 [18] years of age; and
653	653	(2) the child is alleged to have engaged in delinquent
654	654	conduct that included a violation of a penal law listed in Section
655	655	53.045 and no adjudication concerning the alleged conduct has been
656	656	made.
657	657	SECTION 4.19. Sections 58.003(c), (c-2), (c-4), (c-6), and
658	658	(c-8), Family Code, are amended to read as follows:
659	659	(c) Subject to Subsection (b), a court may order the sealing
660	660	of records concerning a person adjudicated as having engaged in
661	661	delinquent conduct that violated a penal law of the grade of felony
662	662	only if:
663	663	(1) the person is 20 [19] years of age or older;
664	664	(2) the person was not transferred by a juvenile court
665	665	under Section 54.02 to a criminal court for prosecution;
666	666	(3) the records have not been used as evidence in the
667	667	punishment phase of a criminal proceeding under Section 3(a),
668	668	Article 37.07, Code of Criminal Procedure; and
669	669	(4) the person has not been convicted of a penal law of
670	670	the grade of felony after becoming age 18 [17].
671	671	(c-2) If the court orders the sealing of a child's records
672	672	under Subsection (c-1), a prosecuting attorney or juvenile
673	673	probation department may maintain until the child's 18th [17th]
674	674	birthday a separate record of the child's name and date of birth and
675	675	the date the child successfully completed the drug court
676	676	program. The prosecuting attorney or juvenile probation
677	677	department, as applicable, shall send the record to the court as
678	678	soon as practicable after the child's 18th [17th] birthday to be
679	679	added to the child's other sealed records.
680	680	(c-4) A prosecuting attorney or juvenile probation
681	681	department may maintain until a child's 18th [17th] birthday a
682	682	separate record of the child's name and date of birth and the date
683	683	on which the child's records are sealed, if the child's records are
684	684	sealed under Subsection (c-3). The prosecuting attorney or
685	685	juvenile probation department, as applicable, shall send the record
686	686	to the court as soon as practicable after the child's 18th [17th]
687	687	birthday to be added to the child's other sealed records.
688	688	(c-6) A prosecuting attorney or juvenile probation
689	689	department may maintain until a child's 18th [17th] birthday a
690	690	separate record of the child's name and date of birth and the date
691	691	on which the child successfully completed the educational program,
692	692	if the child's records are sealed under Subsection (c-5). The
693	693	prosecuting attorney or juvenile probation department, as
694	694	applicable, shall send the record to the court as soon as
695	695	practicable after the child's 18th [17th] birthday to be added to
696	696	the child's other sealed records.
697	697	(c-8) If the court orders the sealing of a child's records
698	698	under Subsection (c-7), a prosecuting attorney or juvenile
699	699	probation department may maintain until the child's 19th [18th]
700	700	birthday a separate record of the child's name and date of birth and
701	701	the date the child successfully completed the trafficked persons
702	702	program. The prosecuting attorney or juvenile probation
703	703	department, as applicable, shall send the record to the court as
704	704	soon as practicable after the child's 19th [18th] birthday to be
705	705	added to the child's other sealed records.
706	706	SECTION 4.20. Section 58.0052(a)(2), Family Code, is
707	707	amended to read as follows:
708	708	(2) "Multi-system youth" means a person who:
709	709	(A) is younger than 20 [19] years of age; and
710	710	(B) has received services from two or more
711	711	juvenile service providers.
712	712	SECTION 4.21. Section 58.0071(d), Family Code, is amended
713	713	to read as follows:
714	714	(d) The physical records and files of a juvenile case may
715	715	only be destroyed if the child who is the respondent in the case:
716	716	(1) is at least 19 [18] years of age and:
717	717	(A) the most serious allegation adjudicated was
718	718	conduct indicating a need for supervision;
719	719	(B) the most serious allegation was conduct
720	720	indicating a need for supervision and there was not an
721	721	adjudication; or
722	722	(C) the referral or information did not relate to
723	723	conduct indicating a need for supervision or delinquent conduct and
724	724	the juvenile court or the court's staff did not take action on the
725	725	referral or information for that reason;
726	726	(2) is at least 21 years of age and:
727	727	(A) the most serious allegation adjudicated was
728	728	delinquent conduct that violated a penal law of the grade of
729	729	misdemeanor; or
730	730	(B) the most serious allegation was delinquent
731	731	conduct that violated a penal law of the grade of misdemeanor or
732	732	felony and there was not an adjudication; or
733	733	(3) is at least 31 years of age and the most serious
734	734	allegation adjudicated was delinquent conduct that violated a penal
735	735	law of the grade of felony.
736	736	SECTION 4.22. Section 58.203(a), Family Code, is amended to
737	737	read as follows:
738	738	(a) The department shall certify to the juvenile probation
739	739	department to which a referral was made that resulted in
740	740	information being submitted to the juvenile justice information
741	741	system that the records relating to a person's juvenile case are
742	742	subject to automatic restriction of access if:
743	743	(1) the person is at least 18 [17] years of age;
744	744	(2) the juvenile case did not include conduct
745	745	resulting in determinate sentence proceedings in the juvenile court
746	746	under Section 53.045; and
747	747	(3) the juvenile case was not certified for trial in
748	748	criminal court under Section 54.02.
749	749	SECTION 4.23. Section 58.208, Family Code, is amended to
750	750	read as follows:
751	751	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
752	752	final discharge of a child from the juvenile system or on the last
753	753	official action in the case, if there is no adjudication, the
754	754	appropriate juvenile justice official shall provide to the child:
755	755	(1) a written explanation of how automatic restricted
756	756	access under this subchapter works;
757	757	(2) a copy of this subchapter; and
758	758	(3) a statement that if the child wishes to receive
759	759	notification of an action restricting access to the child's records
760	760	under Section 58.207(a), the child must before the child's 18th
761	761	[17th] birthday provide the juvenile probation department with a
762	762	current address where the child can receive notification.
763	763	SECTION 4.24. Section 58.209(a), Family Code, is amended to
764	764	read as follows:
765	765	(a) When a child is placed on probation for an offense that
766	766	may be eligible for automatic restricted access at age 18 [17] or
767	767	when a child is received by the Texas Juvenile Justice Department on
768	768	an indeterminate commitment, a probation officer or an official at
769	769	the Texas Juvenile Justice Department reception center, as soon as
770	770	practicable, shall explain the substance of the following
771	771	information to the child:
772	772	(1) if the child was adjudicated as having committed
773	773	delinquent conduct for a felony or jailable misdemeanor, that the
774	774	child probably has a juvenile record with the department and the
775	775	Federal Bureau of Investigation;
776	776	(2) that the child's juvenile record is a permanent
777	777	record that is not destroyed or erased unless the record is eligible
778	778	for sealing and the child or the child's family hires a lawyer and
779	779	files a petition in court to have the record sealed;
780	780	(3) that the child's juvenile record, other than
781	781	treatment records made confidential by law, can be accessed by
782	782	police, sheriff's officers, prosecutors, probation officers,
783	783	correctional officers, and other criminal and juvenile justice
784	784	officials in this state and elsewhere;
785	785	(4) that the child's juvenile record, other than
786	786	treatment records made confidential by law, can be accessed by
787	787	employers, educational institutions, licensing agencies, and other
788	788	organizations when the child applies for employment or educational
789	789	programs;
790	790	(5) if the child's juvenile record is placed on
791	791	restricted access when the child becomes 18 [17] years of age, that
792	792	access will be denied to employers, educational institutions, and
793	793	others except for criminal justice agencies;
794	794	(6) that restricted access does not require any action
795	795	by the child or the child's family, including the filing of a
796	796	petition or hiring of a lawyer, but occurs automatically at age 18
797	797	[17]; and
798	798	(7) that if the child is under the jurisdiction of the
799	799	juvenile court or the Texas Juvenile Justice Department on or after
800	800	the child's 18th [17th] birthday, the law regarding restricted
801	801	access will not apply until the person is discharged from the
802	802	jurisdiction of the court or department, as appropriate.
803	803	SECTION 4.25. Section 58.211(a), Family Code, is amended to
804	804	read as follows:
805	805	(a) If the department has notified a juvenile probation
806	806	department that a record has been placed on restricted access and
807	807	the department later receives information in the department's
808	808	criminal history system that the subject of the records has been
809	809	convicted of or placed on deferred adjudication for a felony or a
810	810	misdemeanor punishable by confinement in jail for an offense
811	811	committed after the person reached the age of 18 [17], the person's
812	812	juvenile records are no longer subject to restricted access. The
813	813	department shall notify the appropriate local juvenile probation
814	814	departments in the manner described by Section 58.203 that the
815	815	person's records are no longer subject to restricted access.
816	816	SECTION 4.26. Section 59.005(b), Family Code, is amended to
817	817	read as follows:
818	818	(b) The juvenile court or the probation department shall
819	819	discharge the child from the custody of the probation department on
820	820	the date the provisions of this section are met or on the child's
821	821	19th [18th] birthday, whichever is earlier.
822	822	SECTION 4.27. Section 59.006(b), Family Code, is amended to
823	823	read as follows:
824	824	(b) The juvenile court shall discharge the child from the
825	825	custody of the probation department on the date the provisions of
826	826	this section are met or on the child's 19th [18th] birthday,
827	827	whichever is earlier.
828	828	SECTION 4.28. Section 59.007(b), Family Code, is amended to
829	829	read as follows:
830	830	(b) The juvenile court shall discharge the child from the
831	831	custody of the probation department on the date the provisions of
832	832	this section are met or on the child's 19th [18th] birthday,
833	833	whichever is earlier.
834	834	SECTION 4.29. Section 59.008(b), Family Code, is amended to
835	835	read as follows:
836	836	(b) The juvenile court shall discharge the child from the
837	837	custody of the probation department on the date the provisions of
838	838	this section are met or on the child's 19th [18th] birthday,
839	839	whichever is earlier.
840	840	SECTION 4.30. Section 59.009(c), Family Code, is amended to
841	841	read as follows:
842	842	(c) The Texas Juvenile Justice Department, juvenile board,
843	843	or local juvenile probation department may discharge the child from
844	844	the custody of the department, board, or probation department, as
845	845	applicable, on the date the provisions of this section are met or on
846	846	the child's 20th [19th] birthday, whichever is earlier.
847	847	SECTION 4.31. Section 61.051(c), Family Code, is amended to
848	848	read as follows:
849	849	(c) The juvenile court retains jurisdiction to enter a
850	850	contempt order if the motion for enforcement is filed not later than
851	851	six months after the child's 19th [18th] birthday.
852	852	SECTION 4.32. Section 614.019(b), Health and Safety Code,
853	853	is amended to read as follows:
854	854	(b) A child with mental illness who is receiving continuity
855	855	of care services during parole from the Texas Juvenile Justice
856	856	Department and who is no longer eligible to receive services from a
857	857	local mental health authority when the child becomes 18 [17] years
858	858	of age because the child does not meet the requirements of a local
859	859	service area plan under Section 533.0352(a) may continue to receive
860	860	continuity of care services from the office until the child
861	861	completes the child's parole.
862	862	SECTION 4.33. Section 63.001(1), Human Resources Code, is
863	863	amended to read as follows:
864	864	(1) "Juvenile" means a person from the age of 10 to 19
865	865	[18] years who has been found to have engaged in delinquent conduct
866	866	by a court of competent jurisdiction.
867	867	SECTION 4.34. Section 152.0015, Human Resources Code, is
868	868	amended to read as follows:
869	869	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
870	870	JUVENILES. A juvenile board shall establish a policy that
871	871	specifies whether a person who has been transferred for criminal
872	872	prosecution under Section 54.02, Family Code, and is younger than
873	873	18 [17] years of age may be detained in a juvenile facility pending
874	874	trial as provided by Section 51.12, Family Code.
875	875	SECTION 4.35. Sections 152.0016(e) and (j), Human Resources
876	876	Code, are amended to read as follows:
877	877	(e) A juvenile board or a local juvenile probation
878	878	department shall accept a person properly committed to it by a
879	879	juvenile court under Section 54.04011, Family Code, in the same
880	880	manner in which the Texas Juvenile Justice Department accepts a
881	881	person under Section 54.04(e), Family Code, even though the person
882	882	may be 18 [17] years of age or older at the time of the commitment.
883	883	(j) After a child committed to a post-adjudication secure
884	884	correctional facility with a determinate sentence under Section
885	885	54.04011(c)(2), Family Code, becomes 17 [16] years of age but
886	886	before the child becomes 20 [19] years of age, the juvenile board or
887	887	local juvenile probation department operating or contracting for
888	888	the operation of the facility may refer the child to the juvenile
889	889	court that entered the order of commitment for approval of the
890	890	child's transfer to the Texas Department of Criminal Justice for
891	891	confinement if the child has not completed the sentence and:
892	892	(1) the child's conduct, regardless of whether the
893	893	child was released under supervision through a program established
894	894	by the board or department, indicates that the welfare of the
895	895	community requires the transfer; or
896	896	(2) while the child was released under supervision:
897	897	(A) a juvenile court adjudicated the child as
898	898	having engaged in delinquent conduct constituting a felony offense;
899	899	(B) a criminal court convicted the child of a
900	900	felony offense; or
901	901	(C) the child's release under supervision was
902	902	revoked.
903	903	SECTION 4.36. Section 201.001(a)(2), Human Resources Code,
904	904	is amended to read as follows:
905	905	(2) "Child" means an individual:
906	906	(A) 10 years of age or older and younger than 19
907	907	[18] years of age who is under the jurisdiction of a juvenile court;
908	908	or
909	909	(B) 10 years of age or older and younger than 20
910	910	[19] years of age who is committed to the department under Title 3,
911	911	Family Code.
912	912	SECTION 4.37. Section 243.001(a), Human Resources Code, is
913	913	amended to read as follows:
914	914	(a) The department may not assign a child younger than 16
915	915	[15] years of age to the same correctional facility dormitory as a
916	916	person who is at least 18 [17] years of age unless the department
917	917	determines that the placement is necessary to ensure the safety of
918	918	children in the custody of the department. This subsection does not
919	919	apply to a dormitory that is used exclusively for short-term
920	920	assessment and orientation purposes.
921	921	SECTION 4.38. Section 243.051(b), Human Resources Code, is
922	922	amended to read as follows:
923	923	(b) A child who is arrested or taken into custody under
924	924	Subsection (a) may be detained in any suitable place, including an
925	925	adult jail facility if the person is 18 [17] years of age or older,
926	926	until the child is returned to the custody of the department or
927	927	transported to a department facility.
928	928	SECTION 4.39. Section 244.014(a), Human Resources Code, is
929	929	amended to read as follows:
930	930	(a) After a child sentenced to commitment under Section
931	931	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
932	932	years of age but before the child becomes 20 [19] years of age, the
933	933	department may refer the child to the juvenile court that entered
934	934	the order of commitment for approval of the child's transfer to the
935	935	Texas Department of Criminal Justice for confinement if:
936	936	(1) the child has not completed the sentence; and
937	937	(2) the child's conduct, regardless of whether the
938	938	child was released under supervision under Section 245.051,
939	939	indicates that the welfare of the community requires the transfer.
940	940	SECTION 4.40. Section 244.015, Human Resources Code, is
941	941	amended to read as follows:
942	942	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
943	943	DETERMINATE SENTENCES. (a) When a child who is sentenced to
944	944	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
945	945	Family Code, becomes 19 [18] years of age, the department shall
946	946	evaluate whether the child is in need of additional services that
947	947	can be completed in the six-month period after the child's 19th
948	948	[18th] birthday to prepare the child for release from the custody of
949	949	the department or transfer to the Texas Department of Criminal
950	950	Justice.
951	951	(b) This section does not apply to a child who is released
952	952	from the custody of the department or who is transferred to the
953	953	Texas Department of Criminal Justice before the child's 19th [18th]
954	954	birthday.
955	955	SECTION 4.41. Section 245.053(i), Human Resources Code, is
956	956	amended to read as follows:
957	957	(i) If the department requires as a condition of release
958	958	that a child attend psychological counseling under Subsection (a),
959	959	the department may, before the date the period of release ends,
960	960	petition the appropriate court to request the court to extend the
961	961	period of release for an additional period necessary to complete
962	962	the required counseling as determined by the treatment provider,
963	963	except that the release period may not be extended to a date after
964	964	the date of the child's 19th [18th] birthday.
965	965	SECTION 4.42. Sections 245.151(d) and (e), Human Resources
966	966	Code, are amended to read as follows:
967	967	(d) Except as provided by Subsection (e), the department
968	968	shall discharge from its custody a person not already discharged on
969	969	the person's 20th [19th] birthday.
970	970	(e) The department shall transfer a person who has been
971	971	sentenced under a determinate sentence to commitment under Section
972	972	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
973	973	returned to the department under Section 54.11(i)(1), Family Code,
974	974	to the custody of the Texas Department of Criminal Justice on the
975	975	person's 20th [19th] birthday, if the person has not already been
976	976	discharged or transferred, to serve the remainder of the person's
977	977	sentence on parole as provided by Section 508.156, Government Code.
978	978	SECTION 4.43. (a) Except as provided by Subsection (b) or
979	979	(c) of this section, the changes in law made by this article apply
980	980	only to procedures relating to conduct that occurs on or after the
981	981	effective date of this Act. Procedures relating to conduct that
982	982	occurred before the effective date of this Act are governed by the
983	983	law in effect on the date the conduct occurred, and the former law
984	984	is continued in effect for that purpose.
985	985	(b) If the conduct for which a person was placed on
986	986	probation occurred before September 1, 2011, the hearing required
987	987	by Section 54.051, Family Code, must be conducted before the
988	988	person's 18th birthday and is governed by the law in effect on the
989	989	date the conduct occurred, and the former law is continued in effect
990	990	for that purpose.
991	991	(c) The change in law made by this Act to Section 58.0052,
992	992	Family Code, applies to the sharing of information on or after the
993	993	effective date of this Act, without regard to whether the
994	994	information was compiled before, on, or after that date.
995	995	(d) For purposes of this section, conduct occurred before a
996	996	certain date if any element of the conduct occurred before that
997	997	date.
998	998	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
999	999	RESPONSIBILITY
1000	1000	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1001	1001	is amended to read as follows:
1002	1002	(5) "Confidential criminal record information of a
1003	1003	child" means information about a person's involvement in the
1004	1004	criminal justice system resulting from conduct that occurred or was
1005	1005	alleged to occur when the person was younger than 18 [17] years of
1006	1006	age that is confidential under Chapter 45, Code of Criminal
1007	1007	Procedure, or other law. The term does not include:
1008	1008	(A) criminal record information of a person
1009	1009	certified to stand trial as an adult for that conduct, as provided
1010	1010	by Section 54.02, Family Code; or
1011	1011	(B) information relating to a traffic offense.
1012	1012	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1013	1013	read as follows:
1014	1014	(b) If a child fails to obey an order issued by a truancy
1015	1015	court under Section 65.103(a) or a child is in direct contempt of
1016	1016	court and the child has failed to obey an order or has been found in
1017	1017	direct contempt of court on two or more previous occasions, the
1018	1018	truancy court, after providing notice and an opportunity for a
1019	1019	hearing, may refer the child to the juvenile probation department
1020	1020	as a request for truancy intervention, unless the child failed to
1021	1021	obey the truancy court order or was in direct contempt of court
1022	1022	while 18 [17] years of age or older.
1023	1023	SECTION 5.03. Section 79.001(10), Government Code, is
1024	1024	amended to read as follows:
1025	1025	(10) "Juvenile offense" means conduct committed by a
1026	1026	person while younger than 18 [17] years of age that constitutes:
1027	1027	(A) a misdemeanor punishable by confinement; or
1028	1028	(B) a felony.
1029	1029	SECTION 5.04. Section 511.009(a), Government Code, as
1030	1030	amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.
1031	1031	634), Acts of the 84th Legislature, Regular Session, 2015, is
1032	1032	reenacted and amended to read as follows:
1033	1033	(a) The commission shall:
1034	1034	(1) adopt reasonable rules and procedures
1035	1035	establishing minimum standards for the construction, equipment,
1036	1036	maintenance, and operation of county jails;
1037	1037	(2) adopt reasonable rules and procedures
1038	1038	establishing minimum standards for the custody, care, and treatment
1039	1039	of prisoners;
1040	1040	(3) adopt reasonable rules establishing minimum
1041	1041	standards for the number of jail supervisory personnel and for
1042	1042	programs and services to meet the needs of prisoners;
1043	1043	(4) adopt reasonable rules and procedures
1044	1044	establishing minimum requirements for programs of rehabilitation,
1045	1045	education, and recreation in county jails;
1046	1046	(5) revise, amend, or change rules and procedures if
1047	1047	necessary;
1048	1048	(6) provide to local government officials
1049	1049	consultation on and technical assistance for county jails;
1050	1050	(7) review and comment on plans for the construction
1051	1051	and major modification or renovation of county jails;
1052	1052	(8) require that the sheriff and commissioners of each
1053	1053	county submit to the commission, on a form prescribed by the
1054	1054	commission, an annual report on the conditions in each county jail
1055	1055	within their jurisdiction, including all information necessary to
1056	1056	determine compliance with state law, commission orders, and the
1057	1057	rules adopted under this chapter;
1058	1058	(9) review the reports submitted under Subdivision (8)
1059	1059	and require commission employees to inspect county jails regularly
1060	1060	to ensure compliance with state law, commission orders, and rules
1061	1061	and procedures adopted under this chapter;
1062	1062	(10) adopt a classification system to assist sheriffs
1063	1063	and judges in determining which defendants are low-risk and
1064	1064	consequently suitable participants in a county jail work release
1065	1065	program under Article 42.034, Code of Criminal Procedure;
1066	1066	(11) adopt rules relating to requirements for
1067	1067	segregation of classes of inmates and to capacities for county
1068	1068	jails;
1069	1069	(12) require that the chief jailer of each municipal
1070	1070	lockup submit to the commission, on a form prescribed by the
1071	1071	commission, an annual report of persons under 18 [17] years of age
1072	1072	securely detained in the lockup, including all information
1073	1073	necessary to determine compliance with state law concerning secure
1074	1074	confinement of children in municipal lockups;
1075	1075	(13) at least annually determine whether each county
1076	1076	jail is in compliance with the rules and procedures adopted under
1077	1077	this chapter;
1078	1078	(14) require that the sheriff and commissioners court
1079	1079	of each county submit to the commission, on a form prescribed by the
1080	1080	commission, an annual report of persons under 18 [17] years of age
1081	1081	securely detained in the county jail, including all information
1082	1082	necessary to determine compliance with state law concerning secure
1083	1083	confinement of children in county jails;
1084	1084	(15) schedule announced and unannounced inspections
1085	1085	of jails under the commission's jurisdiction using the risk
1086	1086	assessment plan established under Section 511.0085 to guide the
1087	1087	inspections process;
1088	1088	(16) adopt a policy for gathering and distributing to
1089	1089	jails under the commission's jurisdiction information regarding:
1090	1090	(A) common issues concerning jail
1091	1091	administration;
1092	1092	(B) examples of successful strategies for
1093	1093	maintaining compliance with state law and the rules, standards, and
1094	1094	procedures of the commission; and
1095	1095	(C) solutions to operational challenges for
1096	1096	jails;
1097	1097	(17) report to the Texas Correctional Office on
1098	1098	Offenders with Medical or Mental Impairments on a jail's compliance
1099	1099	with Article 16.22, Code of Criminal Procedure;
1100	1100	(18) adopt reasonable rules and procedures
1101	1101	establishing minimum requirements for jails to:
1102	1102	(A) determine if a prisoner is pregnant; and
1103	1103	(B) ensure that the jail's health services plan
1104	1104	addresses medical and mental health care, including nutritional
1105	1105	requirements, and any special housing or work assignment needs for
1106	1106	persons who are confined in the jail and are known or determined to
1107	1107	be pregnant;
1108	1108	(19) provide guidelines to sheriffs regarding
1109	1109	contracts between a sheriff and another entity for the provision of
1110	1110	food services to or the operation of a commissary in a jail under
1111	1111	the commission's jurisdiction, including specific provisions
1112	1112	regarding conflicts of interest and avoiding the appearance of
1113	1113	impropriety; [and]
1114	1114	(20) adopt reasonable rules and procedures
1115	1115	establishing minimum standards for prisoner visitation that
1116	1116	provide each prisoner at a county jail with a minimum of two
1117	1117	in-person, noncontact visitation periods per week of at least 20
1118	1118	minutes duration each;
1119	1119	(21) [(20)] require the sheriff of each county to:
1120	1120	(A) investigate and verify the veteran status of
1121	1121	each prisoner by using data made available from the Veterans
1122	1122	Reentry Search Service (VRSS) operated by the United States
1123	1123	Department of Veterans Affairs or a similar service; and
1124	1124	(B) use the data described by Paragraph (A) to
1125	1125	assist prisoners who are veterans in applying for federal benefits
1126	1126	or compensation for which the prisoners may be eligible under a
1127	1127	program administered by the United States Department of Veterans
1128	1128	Affairs; and
1129	1129	(22) [(20)] adopt reasonable rules and procedures
1130	1130	regarding visitation of a prisoner at a county jail by a guardian,
1131	1131	as defined by Section 1002.012, Estates Code, that:
1132	1132	(A) allow visitation by a guardian to the same
1133	1133	extent as the prisoner's next of kin, including placing the
1134	1134	guardian on the prisoner's approved visitors list on the guardian's
1135	1135	request and providing the guardian access to the prisoner during a
1136	1136	facility's standard visitation hours if the prisoner is otherwise
1137	1137	eligible to receive visitors; and
1138	1138	(B) require the guardian to provide the sheriff
1139	1139	with letters of guardianship issued as provided by Section
1140	1140	1106.001, Estates Code, before being allowed to visit the prisoner.
1141	1141	SECTION 5.05. Section 521.201, Transportation Code, is
1142	1142	amended to read as follows:
1143	1143	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1144	1144	department may not issue any license to a person who:
1145	1145	(1) is under 15 years of age;
1146	1146	(2) is under 18 years of age unless the person complies
1147	1147	with the requirements imposed by Section 521.204;
1148	1148	(3) is shown to be addicted to the use of alcohol, a
1149	1149	controlled substance, or another drug that renders a person
1150	1150	incapable of driving;
1151	1151	(4) holds a driver's license issued by this state or
1152	1152	another state or country that is revoked, canceled, or under
1153	1153	suspension;
1154	1154	(5) has been determined by a judgment of a court to be
1155	1155	totally incapacitated or incapacitated to act as the operator of a
1156	1156	motor vehicle unless the person has, by the date of the license
1157	1157	application, been:
1158	1158	(A) restored to capacity by judicial decree; or
1159	1159	(B) released from a hospital for the mentally
1160	1160	incapacitated on a certificate by the superintendent or
1161	1161	administrator of the hospital that the person has regained
1162	1162	capacity;
1163	1163	(6) the department determines to be afflicted with a
1164	1164	mental or physical disability or disease that prevents the person
1165	1165	from exercising reasonable and ordinary control over a motor
1166	1166	vehicle while operating the vehicle on a highway, except that a
1167	1167	person may not be refused a license because of a physical defect if
1168	1168	common experience shows that the defect does not incapacitate a
1169	1169	person from safely operating a motor vehicle;
1170	1170	(7) has been reported by a court under Section
1171	1171	521.3452 for failure to appear unless the court has filed an
1172	1172	additional report on final disposition of the case; or
1173	1173	(8) has been reported by a court for failure to appear
1174	1174	or default in payment of a fine for a misdemeanor that is not
1175	1175	covered under Subdivision (7) and that is punishable by a fine only,
1176	1176	including a misdemeanor under a municipal ordinance, committed by a
1177	1177	person who was under 18 [17] years of age at the time of the alleged
1178	1178	offense, unless the court has filed an additional report on final
1179	1179	disposition of the case.
1180	1180	SECTION 5.06. Section 521.294, Transportation Code, is
1181	1181	amended to read as follows:
1182	1182	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1183	1183	REVOCATION. The department shall revoke the person's license if
1184	1184	the department determines that the person:
1185	1185	(1) is incapable of safely operating a motor vehicle;
1186	1186	(2) has not complied with the terms of a citation
1187	1187	issued by a jurisdiction that is a party to the Nonresident Violator
1188	1188	Compact of 1977 for a traffic violation to which that compact
1189	1189	applies;
1190	1190	(3) has failed to provide medical records or has
1191	1191	failed to undergo medical or other examinations as required by a
1192	1192	panel of the medical advisory board;
1193	1193	(4) has failed to pass an examination required by the
1194	1194	director under this chapter;
1195	1195	(5) has been reported by a court under Section
1196	1196	521.3452 for failure to appear unless the court files an additional
1197	1197	report on final disposition of the case;
1198	1198	(6) has been reported within the preceding two years
1199	1199	by a justice or municipal court for failure to appear or for a
1200	1200	default in payment of a fine for a misdemeanor punishable only by
1201	1201	fine, other than a failure reported under Section 521.3452,
1202	1202	committed by a person who is at least 14 years of age but younger
1203	1203	than 18 [17] years of age when the offense was committed, unless the
1204	1204	court files an additional report on final disposition of the case;
1205	1205	or
1206	1206	(7) has committed an offense in another state or
1207	1207	Canadian province that, if committed in this state, would be
1208	1208	grounds for revocation.
1209	1209	SECTION 5.07. Section 109.001(5), Business & Commerce Code,
1210	1210	and Sections 521.201 and 521.294(6), Transportation Code, as
1211	1211	amended by this article, apply only to an offense committed on or
1212	1212	after the effective date of this Act. An offense committed before
1213	1213	the effective date of this Act is governed by the law in effect on
1214	1214	the date the offense was committed, and the former law is continued
1215	1215	in effect for that purpose. For purposes of this section, an
1216	1216	offense was committed before the effective date of this Act if any
1217	1217	element of the offense occurred before that date.
1218	1218	ARTICLE 6. CONFLICT OF LAWS PROVISION AND EFFECTIVE DATE
1219	1219	SECTION 6.01. To the extent of any conflict, this Act
1220	1220	prevails over another Act of the 85th Legislature, Regular Session,
1221	1221	2017, relating to nonsubstantive additions to and corrections in
1222	1222	enacted codes.
1223	1223	SECTION 6.02. This Act takes effect September 1, 2017.