Texas 2017 - 85th 1st C.S.

Texas House Bill HB316 Compare Versions

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

Old	New	Differences
1	1	85S10981 ADM-D
2	2	By: Dutton H.B. No. 316
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 20 [18] years of age who is:
18	18	(i) alleged or found to have engaged in
19	19	delinquent conduct or conduct indicating a need for supervision as
20	20	a result of acts committed before becoming 18 [17] years of age; and
21	21	(ii) under the jurisdiction of a juvenile
22	22	court.
23	23	SECTION 1.02. Section 8.07(b), Penal Code, is amended to
24	24	read as follows:
25	25	(b) Unless the juvenile court waives jurisdiction under
26	26	Section 54.02, Family Code, and certifies the individual for
27	27	criminal prosecution or the juvenile court has previously waived
28	28	jurisdiction under that section and certified the individual for
29	29	criminal prosecution, a person may not be prosecuted for or
30	30	convicted of any offense committed before reaching 18 [17] years of
31	31	age except an offense described by Subsections (a)(1)-(5).
32	32	SECTION 1.03. The changes in law made by this article apply
33	33	only to an offense committed or conduct that occurs on or after
34	34	September 1, 2021. An offense committed or conduct that occurs
35	35	before September 1, 2021, is governed by the law in effect on the
36	36	date the offense was committed or the conduct occurred, and the
37	37	former law is continued in effect for that purpose. For purposes of
38	38	this section, an offense was committed or conduct occurred before
39	39	September 1, 2021, if any element of the offense or conduct occurred
40	40	before that date.
41	41	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
42	42	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
43	43	read as follows:
44	44	(e) An offense under this section is one category lower than
45	45	the solicited offense, except that an offense under this section is
46	46	the same category as the solicited offense if it is shown on the
47	47	trial of the offense that the actor:
48	48	(1) was at the time of the offense 18 [17] years of age
49	49	or older and a member of a criminal street gang, as defined by
50	50	Section 71.01; and
51	51	(2) committed the offense with the intent to:
52	52	(A) further the criminal activities of the
53	53	criminal street gang; or
54	54	(B) avoid detection as a member of a criminal
55	55	street gang.
56	56	SECTION 2.02. Section 21.02(b), Penal Code, as effective
57	57	September 1, 2017, is amended to read as follows:
58	58	(b) A person commits an offense if:
59	59	(1) during a period that is 30 or more days in
60	60	duration, the person commits two or more acts of sexual abuse,
61	61	regardless of whether the acts of sexual abuse are committed
62	62	against one or more victims; and
63	63	(2) at the time of the commission of each of the acts
64	64	of sexual abuse, the actor is 18 [17] years of age or older and the
65	65	victim is a child younger than 14 years of age, regardless of
66	66	whether the actor knows the age of the victim at the time of the
67	67	offense.
68	68	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
69	69	read as follows:
70	70	(b) A person who is 18 [17] years of age or older commits an
71	71	offense if, with the intent to commit an offense listed in Article
72	72	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
73	73	over the Internet, by electronic mail or text message or other
74	74	electronic message service or system, or through a commercial
75	75	online service, intentionally:
76	76	(1) communicates in a sexually explicit manner with a
77	77	minor; or
78	78	(2) distributes sexually explicit material to a minor.
79	79	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
80	80	read as follows:
81	81	(c) Except as provided by Subsection (d), the punishment
82	82	prescribed for an offense described by Subsection (b) is increased
83	83	to the punishment prescribed for the next highest category of
84	84	offense if the actor is 18 [17] years of age or older and it is shown
85	85	beyond a reasonable doubt on the trial of the offense that the actor
86	86	committed the offense at a location that was:
87	87	(1) in, on, or within 1,000 feet of any:
88	88	(A) real property that is owned, rented, or
89	89	leased by a school or school board;
90	90	(B) premises owned, rented, or leased by an
91	91	institution of higher education;
92	92	(C) premises of a public or private youth center;
93	93	or
94	94	(D) playground;
95	95	(2) in, on, or within 300 feet of any:
96	96	(A) shopping mall;
97	97	(B) movie theater;
98	98	(C) premises of a public swimming pool; or
99	99	(D) premises of a video arcade facility; or
100	100	(3) on a school bus.
101	101	SECTION 2.05. Section 729.001(a), Transportation Code, is
102	102	amended to read as follows:
103	103	(a) A person who is younger than 18 [17] years of age commits
104	104	an offense if the person operates a motor vehicle on a public road
105	105	or highway, a street or alley in a municipality, or a public beach
106	106	in violation of any traffic law of this state, including:
107	107	(1) Chapter 502, other than Section [502.282 or]
108	108	502.412;
109	109	(2) Chapter 521, other than an offense under Section
110	110	521.457;
111	111	(3) Subtitle C, other than an offense punishable by
112	112	imprisonment or by confinement in jail under Section 550.021,
113	113	550.022, 550.024, or 550.025;
114	114	(4) Chapter 601;
115	115	(5) Chapter 621;
116	116	(6) Chapter 661; and
117	117	(7) Chapter 681.
118	118	SECTION 2.06. Section 729.002, Transportation Code, is
119	119	amended to read as follows:
120	120	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
121	121	LICENSE. (a) A person who is younger than 18 [17] years of age
122	122	commits an offense if the person operates a motor vehicle without a
123	123	driver's license authorizing the operation of a motor vehicle on a:
124	124	(1) public road or highway;
125	125	(2) street or alley in a municipality; or
126	126	(3) public beach as defined by Section 729.001.
127	127	(b) An offense under this section is punishable in the same
128	128	manner as if the person was 18 [17] years of age or older and
129	129	operated a motor vehicle without a license as described by
130	130	Subsection (a), except that an offense under this section is not
131	131	punishable by confinement or imprisonment.
132	132	SECTION 2.07. The changes in law made by this article apply
133	133	only to an offense committed on or after September 1, 2021. An
134	134	offense committed before September 1, 2021, is governed by the law
135	135	in effect on the date the offense was committed, and the former law
136	136	is continued in effect for that purpose. For purposes of this
137	137	section, an offense was committed before September 1, 2021, if any
138	138	element of the offense occurred before that date.
139	139	ARTICLE 3. CRIMINAL PROCEDURES
140	140	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
141	141	amended to read as follows:
142	142	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
143	143	ADULT. (a) Notwithstanding the order of a juvenile court to
144	144	detain a person under the age of 18 [17] who has been certified to
145	145	stand trial as an adult in a certified juvenile detention facility
146	146	under Section 54.02(h), Family Code, the judge of the criminal
147	147	court having jurisdiction over the person may order the person to be
148	148	transferred to an adult facility. A child who is transferred to an
149	149	adult facility must be detained under conditions meeting the
150	150	requirements of Section 51.12, Family Code.
151	151	(b) On the 18th [17th] birthday of a person described by
152	152	Subsection (a) who is detained in a certified juvenile detention
153	153	facility under Section 54.02(h), Family Code, the judge of the
154	154	criminal court having jurisdiction over the person shall order the
155	155	person to be transferred to an adult facility.
156	156	SECTION 3.02. Article 45.0215(a), Code of Criminal
157	157	Procedure, is amended to read as follows:
158	158	(a) This article applies to a defendant who has not had the
159	159	disabilities of minority removed and [has been:
160	160	[(1) charged with an offense other than an offense
161	161	under Section 43.261, Penal Code, if the defendant is younger than
162	162	17 years of age; or
163	163	[(2) charged with an offense under Section 43.261,
164	164	Penal Code, if the defendant] is younger than 18 years of age.
165	165	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
166	166	Procedure, are amended to read as follows:
167	167	(b) A person may apply to the court in which the person was
168	168	convicted to have the conviction expunged as provided by this
169	169	article on or after the person's 18th [17th] birthday if:
170	170	(1) the person was convicted of not more than one
171	171	offense described by Section 8.07(a)(4) or (5), Penal Code, while
172	172	the person was a child; or
173	173	(2) the person was convicted only once of an offense
174	174	under Section 43.261, Penal Code.
175	175	(h) Records of a person under 18 [17] years of age relating
176	176	to a complaint may be expunged under this article if:
177	177	(1) the complaint was dismissed under Article 45.051
178	178	or 45.052 or other law; or
179	179	(2) the person was acquitted of the offense.
180	180	SECTION 3.04. Article 45.045(b), Code of Criminal
181	181	Procedure, is amended to read as follows:
182	182	(b) A capias pro fine may not be issued for an individual
183	183	convicted for an offense committed before the individual's 18th
184	184	[17th] birthday unless:
185	185	(1) the individual is 18 [17] years of age or older;
186	186	(2) the court finds that the issuance of the capias pro
187	187	fine is justified after considering:
188	188	(A) the sophistication and maturity of the
189	189	individual;
190	190	(B) the criminal record and history of the
191	191	individual; and
192	192	(C) the reasonable likelihood of bringing about
193	193	the discharge of the judgment through the use of procedures and
194	194	services currently available to the court; and
195	195	(3) the court has proceeded under Article 45.050 to
196	196	compel the individual to discharge the judgment.
197	197	SECTION 3.05. Article 45.0492(a), Code of Criminal
198	198	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
199	199	Legislature, Regular Session, 2011, is amended to read as follows:
200	200	(a) This article applies only to a defendant younger than 18
201	201	[17] years of age who is assessed a fine or costs for a Class C
202	202	misdemeanor occurring in a building or on the grounds of the primary
203	203	or secondary school at which the defendant was enrolled at the time
204	204	of the offense.
205	205	SECTION 3.06. Article 45.0492(a), Code of Criminal
206	206	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
207	207	Legislature, Regular Session, 2011, is amended to read as follows:
208	208	(a) This article applies only to a defendant younger than 18
209	209	[17] years of age who is assessed a fine or costs for a Class C
210	210	misdemeanor.
211	211	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
212	212	Criminal Procedure, are amended to read as follows:
213	213	(d) A justice or municipal court may hold a person in
214	214	contempt and impose a remedy authorized by Subsection (c)(2) if:
215	215	(1) the person was convicted for an offense committed
216	216	before the person's 18th [17th] birthday;
217	217	(2) the person failed to obey the order while the
218	218	person was 18 [17] years of age or older; and
219	219	(3) the failure to obey occurred under circumstances
220	220	that constitute contempt of court.
221	221	(e) A justice or municipal court may hold a person in
222	222	contempt and impose a remedy authorized by Subsection (c)(2) if the
223	223	person, while younger than 18 [17] years of age, engaged in conduct
224	224	in contempt of an order issued by the justice or municipal court,
225	225	but contempt proceedings could not be held before the person's 18th
226	226	[17th] birthday.
227	227	(g) A justice or municipal court may not refer a child who
228	228	violates a court order while 18 [17] years of age or older to a
229	229	juvenile court for delinquency proceedings for contempt of court.
230	230	SECTION 3.08. Article 45.057(h), Code of Criminal
231	231	Procedure, is amended to read as follows:
232	232	(h) A child and parent required to appear before the court
233	233	have an obligation to provide the court in writing with the current
234	234	address and residence of the child. The obligation does not end
235	235	when the child reaches age 18 [17]. On or before the seventh day
236	236	after the date the child or parent changes residence, the child or
237	237	parent shall notify the court of the current address in the manner
238	238	directed by the court. A violation of this subsection may result in
239	239	arrest and is a Class C misdemeanor. The obligation to provide
240	240	notice terminates on discharge and satisfaction of the judgment or
241	241	final disposition not requiring a finding of guilt.
242	242	SECTION 3.09. Article 45.058(h), Code of Criminal
243	243	Procedure, is amended to read as follows:
244	244	(h) In this article, "child" means a person who is:
245	245	(1) at least 10 years of age and younger than 18 [17]
246	246	years of age; and
247	247	(2) charged with or convicted of an offense that a
248	248	justice or municipal court has jurisdiction of under Article 4.11
249	249	or 4.14.
250	250	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
251	251	Criminal Procedure, are amended to read as follows:
252	252	(a) Except as provided by Articles 45.058 and 45.059, an
253	253	individual may not be taken into secured custody for offenses
254	254	alleged to have occurred before the individual's 18th [17th]
255	255	birthday.
256	256	(b) On or after an individual's 18th [17th] birthday, if the
257	257	court has used all available procedures under this chapter to
258	258	secure the individual's appearance to answer allegations made
259	259	before the individual's 18th [17th] birthday, the court may issue a
260	260	notice of continuing obligation to appear by personal service or by
261	261	mail to the last known address and residence of the individual. The
262	262	notice must order the individual to appear at a designated time,
263	263	place, and date to answer the allegations detailed in the notice.
264	264	(e) A notice of continuing obligation to appear issued under
265	265	this article must contain the following statement provided in
266	266	boldfaced type or capital letters:
267	267	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
268	268	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
269	269	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
270	270	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
271	271	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
272	272	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
273	273	FOR YOUR ARREST."
274	274	SECTION 3.11. Article 62.001(6), Code of Criminal
275	275	Procedure, is amended to read as follows:
276	276	(6) "Sexually violent offense" means any of the
277	277	following offenses committed by a person 18 [17] years of age or
278	278	older:
279	279	(A) an offense under Section 21.02 (Continuous
280	280	sexual abuse of young child or children), 21.11(a)(1) (Indecency
281	281	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
282	282	sexual assault), Penal Code;
283	283	(B) an offense under Section 43.25 (Sexual
284	284	performance by a child), Penal Code;
285	285	(C) an offense under Section 20.04(a)(4)
286	286	(Aggravated kidnapping), Penal Code, if the defendant committed the
287	287	offense with intent to violate or abuse the victim sexually;
288	288	(D) an offense under Section 30.02 (Burglary),
289	289	Penal Code, if the offense is punishable under Subsection (d) of
290	290	that section and the defendant committed the offense with intent to
291	291	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
292	292	or
293	293	(E) an offense under the laws of another state,
294	294	federal law, the laws of a foreign country, or the Uniform Code of
295	295	Military Justice if the offense contains elements that are
296	296	substantially similar to the elements of an offense listed under
297	297	Paragraph (A), (B), (C), or (D).
298	298	SECTION 3.12. Article 62.351(a), Code of Criminal
299	299	Procedure, is amended to read as follows:
300	300	(a) During or after disposition of a case under Section
301	301	54.04, Family Code, for adjudication of an offense for which
302	302	registration is required under this chapter, the juvenile court on
303	303	motion of the respondent shall conduct a hearing to determine
304	304	whether the interests of the public require registration under this
305	305	chapter. The motion may be filed and the hearing held regardless of
306	306	whether the respondent is under 19 [18] years of age. Notice of the
307	307	motion and hearing shall be provided to the prosecuting attorney.
308	308	SECTION 3.13. Article 62.352(c), Code of Criminal
309	309	Procedure, is amended to read as follows:
310	310	(c) If the court enters an order described by Subsection
311	311	(b)(1), the court retains discretion and jurisdiction to require,
312	312	or exempt the respondent from, registration under this chapter at
313	313	any time during the treatment or on the successful or unsuccessful
314	314	completion of treatment, except that during the period of deferral,
315	315	registration may not be required. Following successful completion
316	316	of treatment, the respondent is exempted from registration under
317	317	this chapter unless a hearing under this subchapter is held on
318	318	motion of the prosecuting attorney, regardless of whether the
319	319	respondent is 19 [18] years of age or older, and the court
320	320	determines the interests of the public require registration. Not
321	321	later than the 10th day after the date of the respondent's
322	322	successful completion of treatment, the treatment provider shall
323	323	notify the juvenile court and prosecuting attorney of the
324	324	completion.
325	325	SECTION 3.14. Article 62.353(b), Code of Criminal
326	326	Procedure, is amended to read as follows:
327	327	(b) The person may file a motion under Subsection (a) in the
328	328	original juvenile case regardless of whether the person, at the
329	329	time of filing the motion, is 19 [18] years of age or older. Notice
330	330	of the motion shall be provided to the prosecuting attorney. A
331	331	hearing on the motion shall be provided as in other cases under this
332	332	subchapter.
333	333	SECTION 3.15. Section 37.085, Education Code, is amended to
334	334	read as follows:
335	335	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
336	336	MISDEMEANORS. Notwithstanding any other provision of law, a
337	337	warrant may not be issued for the arrest of a person for a Class C
338	338	misdemeanor under this code committed when the person was younger
339	339	than 18 [17] years of age.
340	340	SECTION 3.16. Section 153.0071(e-1), Family Code, as
341	341	effective September 1, 2017, is amended to read as follows:
342	342	(e-1) Notwithstanding Subsections (d) and (e), a court may
343	343	decline to enter a judgment on a mediated settlement agreement if
344	344	the court finds:
345	345	(1) that:
346	346	(A) a party to the agreement was a victim of
347	347	family violence, and that circumstance impaired the party's ability
348	348	to make decisions; or
349	349	(B) the agreement would permit a person who is
350	350	subject to registration under Chapter 62, Code of Criminal
351	351	Procedure, on the basis of an offense committed by the person when
352	352	the person was 18 [17] years of age or older or who otherwise has a
353	353	history or pattern of past or present physical or sexual abuse
354	354	directed against any person to:
355	355	(i) reside in the same household as the
356	356	child; or
357	357	(ii) otherwise have unsupervised access to
358	358	the child; and
359	359	(2) that the agreement is not in the child's best
360	360	interest.
361	361	SECTION 3.17. Section 521.453(i), Transportation Code, is
362	362	amended to read as follows:
363	363	(i) If the person ordered to perform community service under
364	364	Subsection (h) is younger than 18 [17] years of age, the community
365	365	service shall be performed as if ordered by a juvenile court under
366	366	Section 54.044(a), Family Code, as a condition of probation under
367	367	Section 54.04(d), Family Code.
368	368	SECTION 3.18. (a) Except as provided by Subsection (b) of
369	369	this section, the changes in law made by this article apply only to
370	370	an offense committed on or after September 1, 2021. An offense
371	371	committed before September 1, 2021, is governed by the law in effect
372	372	on the date the offense was committed, and the former law is
373	373	continued in effect for that purpose.
374	374	(b) Articles 45.0216(b) and (h), Code of Criminal
375	375	Procedure, as amended by this article, apply only to the expunction
376	376	of certain records related to an offense committed on or after
377	377	September 1, 2021. The expunction of certain records related to an
378	378	offense committed before September 1, 2021, is governed by the law
379	379	in effect on the date the offense was committed, and the former law
380	380	is continued in effect for that purpose.
381	381	(c) For purposes of this section, an offense was committed
382	382	before September 1, 2021, if any element of the offense occurred
383	383	before that date.
384	384	ARTICLE 4. JUVENILE COURT PROCEDURES
385	385	SECTION 4.01. Section 51.041, Family Code, is amended to
386	386	read as follows:
387	387	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
388	388	retains jurisdiction over a person, without regard to the age of the
389	389	person, for conduct engaged in by the person before becoming 18 [17]
390	390	years of age if, as a result of an appeal by the person or the state
391	391	under Chapter 56 of an order of the court, the order is reversed or
392	392	modified and the case remanded to the court by the appellate court.
393	393	(b) If the respondent is at least 19 [18] years of age when
394	394	the order of remand from the appellate court is received by the
395	395	juvenile court, the juvenile court shall proceed as provided by
396	396	Sections 54.02(o)-(r) for the detention of a person at least 19 [18]
397	397	years of age in discretionary transfer proceedings. Pending
398	398	retrial of the adjudication or transfer proceeding, the juvenile
399	399	court may:
400	400	(1) order the respondent released from custody;
401	401	(2) order the respondent detained in a juvenile
402	402	detention facility; or
403	403	(3) set bond and order the respondent detained in a
404	404	county adult facility if bond is not made.
405	405	SECTION 4.02. Section 51.0412, Family Code, is amended to
406	406	read as follows:
407	407	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
408	408	The court retains jurisdiction over a person, without regard to the
409	409	age of the person, who is a respondent in an adjudication
410	410	proceeding, a disposition proceeding, a proceeding to modify
411	411	disposition, a proceeding for waiver of jurisdiction and transfer
412	412	to criminal court under Section 54.02(a), or a motion for transfer
413	413	of determinate sentence probation to an appropriate district court
414	414	if:
415	415	(1) the petition or motion was filed while the
416	416	respondent was younger than 19 or 20 [18 or 19] years of age, as
417	417	applicable;
418	418	(2) the proceeding is not complete before the
419	419	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
420	420	and
421	421	(3) the court enters a finding in the proceeding that
422	422	the prosecuting attorney exercised due diligence in an attempt to
423	423	complete the proceeding before the respondent became 19 or 20 [18 or
424	424	19] years of age, as applicable.
425	425	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
426	426	amended to read as follows:
427	427	(f) A child detained in a building that contains a jail,
428	428	lockup, or other place of secure confinement, including an alcohol
429	429	or other drug treatment facility, shall be separated by sight and
430	430	sound from adults detained in the same building. Children and
431	431	adults are separated by sight and sound only if they are unable to
432	432	see each other and conversation between them is not possible. The
433	433	separation must extend to all areas of the facility, including
434	434	sally ports and passageways, and those areas used for admission,
435	435	counseling, sleeping, toileting, showering, dining, recreational,
436	436	educational, or vocational activities, and health care. The
437	437	separation may be accomplished through architectural design. A
438	438	person who has been transferred for prosecution in criminal court
439	439	under Section 54.02 and is under 18 [17] years of age is considered
440	440	a child for the purposes of this subsection.
441	441	(h) This section does not apply to a person:
442	442	(1) who has been transferred to criminal court for
443	443	prosecution under Section 54.02 and is at least 18 [17] years of
444	444	age; or
445	445	(2) who is at least 18 [17] years of age and who has
446	446	been taken into custody after having:
447	447	(A) escaped from a juvenile facility operated by
448	448	or under contract with the Texas Juvenile Justice Department; or
449	449	(B) violated a condition of release under
450	450	supervision of the department.
451	451	SECTION 4.04. Section 54.02(j), Family Code, is amended to
452	452	read as follows:
453	453	(j) The juvenile court may waive its exclusive original
454	454	jurisdiction and transfer a person to the appropriate district
455	455	court or criminal district court for criminal proceedings if:
456	456	(1) the person is 19 [18] years of age or older;
457	457	(2) the person was:
458	458	(A) 10 years of age or older and under 18 [17]
459	459	years of age at the time the person is alleged to have committed a
460	460	capital felony or an offense under Section 19.02, Penal Code;
461	461	(B) 14 years of age or older and under 18 [17]
462	462	years of age at the time the person is alleged to have committed an
463	463	aggravated controlled substance felony or a felony of the first
464	464	degree other than an offense under Section 19.02, Penal Code; or
465	465	(C) 15 years of age or older and under 18 [17]
466	466	years of age at the time the person is alleged to have committed a
467	467	felony of the second or third degree or a state jail felony;
468	468	(3) no adjudication concerning the alleged offense has
469	469	been made or no adjudication hearing concerning the offense has
470	470	been conducted;
471	471	(4) the juvenile court finds from a preponderance of
472	472	the evidence that:
473	473	(A) for a reason beyond the control of the state
474	474	it was not practicable to proceed in juvenile court before the 19th
475	475	[18th] birthday of the person; or
476	476	(B) after due diligence of the state it was not
477	477	practicable to proceed in juvenile court before the 19th [18th]
478	478	birthday of the person because:
479	479	(i) the state did not have probable cause to
480	480	proceed in juvenile court and new evidence has been found since the
481	481	19th [18th] birthday of the person;
482	482	(ii) the person could not be found; or
483	483	(iii) a previous transfer order was
484	484	reversed by an appellate court or set aside by a district court; and
485	485	(5) the juvenile court determines that there is
486	486	probable cause to believe that the child before the court committed
487	487	the offense alleged.
488	488	SECTION 4.05. Section 54.0326(b), Family Code, is amended
489	489	to read as follows:
490	490	(b) A juvenile court may defer adjudication proceedings
491	491	under Section 54.03 until the child's 19th [18th] birthday and
492	492	require a child to participate in a program established under
493	493	Section 152.0017, Human Resources Code, if the child:
494	494	(1) is alleged to have engaged in delinquent conduct
495	495	or conduct indicating a need for supervision and may be a victim of
496	496	conduct that constitutes an offense under Section 20A.02, Penal
497	497	Code; and
498	498	(2) presents to the court an oral or written request to
499	499	participate in the program.
500	500	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
501	501	are amended to read as follows:
502	502	(e) The Texas Juvenile Justice Department shall accept a
503	503	person properly committed to it by a juvenile court even though the
504	504	person may be 18 [17] years of age or older at the time of
505	505	commitment.
506	506	(l) Except as provided by Subsection (q), a court or jury
507	507	may place a child on probation under Subsection (d)(1) for any
508	508	period, except that probation may not continue on or after the
509	509	child's 19th [18th] birthday. Except as provided by Subsection
510	510	(q), the court may, before the period of probation ends, extend the
511	511	probation for any period, except that the probation may not extend
512	512	to or after the child's 19th [18th] birthday.
513	513	(q) If a court or jury sentences a child to commitment in the
514	514	Texas Juvenile Justice Department or a post-adjudication secure
515	515	correctional facility under Subsection (d)(3) for a term of not
516	516	more than 10 years, the court or jury may place the child on
517	517	probation under Subsection (d)(1) as an alternative to making the
518	518	disposition under Subsection (d)(3). The court shall prescribe
519	519	the period of probation ordered under this subsection for a term of
520	520	not more than 10 years. The court may, before the sentence of
521	521	probation expires, extend the probationary period under Section
522	522	54.05, except that the sentence of probation and any extension may
523	523	not exceed 10 years. The court may, before the child's 20th [19th]
524	524	birthday, discharge the child from the sentence of probation. If a
525	525	sentence of probation ordered under this subsection and any
526	526	extension of probation ordered under Section 54.05 will continue
527	527	after the child's 20th [19th] birthday, the court shall discharge
528	528	the child from the sentence of probation on the child's 20th [19th]
529	529	birthday unless the court transfers the child to an appropriate
530	530	district court under Section 54.051.
531	531	SECTION 4.07. Section 54.0405(i), Family Code, is amended
532	532	to read as follows:
533	533	(i) A court that requires as a condition of probation that a
534	534	child attend psychological counseling under Subsection (a) may,
535	535	before the date the probation period ends, extend the probation for
536	536	any additional period necessary to complete the required counseling
537	537	as determined by the treatment provider, except that the probation
538	538	may not be extended to a date after the date of the child's 19th
539	539	[18th] birthday, or 20th [19th] birthday if the child is placed on
540	540	determinate sentence probation under Section 54.04(q).
541	541	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
542	542	amended to read as follows:
543	543	(b) If a child is found to have engaged in delinquent
544	544	conduct or conduct indicating a need for supervision arising from
545	545	the commission of an offense in which property damage or loss or
546	546	personal injury occurred, the juvenile court, on notice to all
547	547	persons affected and on hearing, may order the child or a parent to
548	548	make full or partial restitution to the victim of the offense. The
549	549	program of restitution must promote the rehabilitation of the
550	550	child, be appropriate to the age and physical, emotional, and
551	551	mental abilities of the child, and not conflict with the child's
552	552	schooling. When practicable and subject to court supervision, the
553	553	court may approve a restitution program based on a settlement
554	554	between the child and the victim of the offense. An order under
555	555	this subsection may provide for periodic payments by the child or a
556	556	parent of the child for the period specified in the order but except
557	557	as provided by Subsection (h), that period may not extend past the
558	558	date of the 19th [18th] birthday of the child or past the date the
559	559	child is no longer enrolled in an accredited secondary school in a
560	560	program leading toward a high school diploma, whichever date is
561	561	later.
562	562	(h) If the juvenile court places the child on probation in a
563	563	determinate sentence proceeding initiated under Section 53.045 and
564	564	transfers supervision on the child's 20th [19th] birthday to a
565	565	district court for placement on community supervision, the district
566	566	court shall require the payment of any unpaid restitution as a
567	567	condition of the community supervision. The liability of the
568	568	child's parent for restitution may not be extended by transfer to a
569	569	district court for supervision.
570	570	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
571	571	amended to read as follows:
572	572	(a) Any [Except as provided by Subsection (a-1), any]
573	573	disposition, except a commitment to the Texas Juvenile Justice
574	574	Department, may be modified by the juvenile court as provided in
575	575	this section until:
576	576	(1) the child reaches:
577	577	(A) the child's 19th [18th] birthday; or
578	578	(B) the child's 20th [19th] birthday, if the
579	579	child was placed on determinate sentence probation under Section
580	580	54.04(q); or
581	581	(2) the child is earlier discharged by the court or
582	582	operation of law.
583	583	(b) Except for a commitment to the Texas Juvenile Justice
584	584	Department or to a post-adjudication secure correctional facility
585	585	under Section 54.04011 or a placement on determinate sentence
586	586	probation under Section 54.04(q), all dispositions automatically
587	587	terminate when the child reaches the child's 19th [18th] birthday.
588	588	SECTION 4.10. Section 54.051, Family Code, is amended by
589	589	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
590	590	Subsection (j) to read as follows:
591	591	(a) On motion of the state concerning a child who is placed
592	592	on probation under Section 54.04(q) for a period, including any
593	593	extension ordered under Section 54.05, that will continue after the
594	594	child's applicable [19th] birthday, the juvenile court shall hold a
595	595	hearing to determine whether to transfer the child to an
596	596	appropriate district court or discharge the child from the sentence
597	597	of probation.
598	598	(b) The hearing must be conducted before the person's
599	599	applicable [19th] birthday[, or before the person's 18th birthday
600	600	if the offense for which the person was placed on probation occurred
601	601	before September 1, 2011,] and must be conducted in the same manner
602	602	as a hearing to modify disposition under Section 54.05.
603	603	(c) If, after a hearing, the court determines to discharge
604	604	the child, the court shall specify a date on or before the child's
605	605	applicable [19th] birthday to discharge the child from the
606	606	sentence of probation.
607	607	(d) If, after a hearing, the court determines to transfer
608	608	the child, the court shall transfer the child to an appropriate
609	609	district court on the child's applicable [19th] birthday.
610	610	(e-2) If a person who is placed on community supervision
611	611	under this section violates a condition of that supervision or if
612	612	the person violated a condition of probation ordered under Section
613	613	54.04(q) and that probation violation was not discovered by the
614	614	state before the person's 20th [19th] birthday, the district court
615	615	shall dispose of the violation of community supervision or
616	616	probation, as appropriate, in the same manner as if the court had
617	617	originally exercised jurisdiction over the case. If the judge
618	618	revokes community supervision, the judge may reduce the prison
619	619	sentence to any length without regard to the minimum term imposed by
620	620	Article 42A.755(a), Code of Criminal Procedure.
621	621	(i) If the juvenile court exercises jurisdiction over a
622	622	person on or after the person's [who is 18 or 19 years of age or
623	623	older, as] applicable birthday, under Section 51.041 or 51.0412,
624	624	the court or jury may, if the person is otherwise eligible, place
625	625	the person on probation under Section 54.04(q). The juvenile court
626	626	shall set the conditions of probation and immediately transfer
627	627	supervision of the person to the appropriate court exercising
628	628	criminal jurisdiction under Subsection (e).
629	629	(j) In this section, "applicable birthday" means the
630	630	person's:
631	631	(1) 18th birthday, if the conduct for which the person
632	632	was placed on probation occurred before September 1, 2011;
633	633	(2) 19th birthday, if the conduct for which the person
634	634	was placed on probation occurred on or after September 1, 2011, but
635	635	before September 1, 2021; or
636	636	(3) 20th birthday, if the conduct for which the person
637	637	was placed on probation occurred on or after September 1, 2021.
638	638	SECTION 4.11. Section 54.11(l), Family Code, is amended to
639	639	read as follows:
640	640	(l) Pending the conclusion of a transfer hearing, the
641	641	juvenile court shall order that the person who is referred for
642	642	transfer be detained in a certified juvenile detention facility as
643	643	provided by Subsection (m). If the person is at least 18 [17] years
644	644	of age, the juvenile court may order that the person be detained
645	645	without bond in an appropriate county facility for the detention of
646	646	adults accused of criminal offenses.
647	647	SECTION 4.12. Section 55.15, Family Code, is amended to
648	648	read as follows:
649	649	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
650	650	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
651	651	which the child's case is referred under Section 55.12(2) orders
652	652	mental health services for the child, the child shall be cared for,
653	653	treated, and released in conformity to Subtitle C, Title 7, Health
654	654	and Safety Code, except:
655	655	(1) a court order for mental health services for a
656	656	child automatically expires on the 120th day after the date the
657	657	child becomes 19 [18] years of age; and
658	658	(2) the administrator of a mental health facility
659	659	shall notify, in writing, by certified mail, return receipt
660	660	requested, the juvenile court that ordered mental health services
661	661	or the juvenile court that referred the case to a court that ordered
662	662	the mental health services of the intent to discharge the child at
663	663	least 10 days prior to discharge.
664	664	SECTION 4.13. Section 55.18, Family Code, is amended to
665	665	read as follows:
666	666	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
667	667	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
668	668	mental health facility before reaching 19 [18] years of age, the
669	669	juvenile court may:
670	670	(1) dismiss the juvenile court proceedings with
671	671	prejudice; or
672	672	(2) continue with proceedings under this title as
673	673	though no order of mental health services had been made.
674	674	SECTION 4.14. The heading to Section 55.19, Family Code, is
675	675	amended to read as follows:
676	676	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
677	677	BIRTHDAY.
678	678	SECTION 4.15. Section 55.19(a), Family Code, is amended to
679	679	read as follows:
680	680	(a) The juvenile court shall transfer all pending
681	681	proceedings from the juvenile court to a criminal court on the 19th
682	682	[18th] birthday of a child for whom the juvenile court or a court to
683	683	which the child's case is referred under Section 55.12(2) has
684	684	ordered inpatient mental health services if:
685	685	(1) the child is not discharged or furloughed from the
686	686	inpatient mental health facility before reaching 19 [18] years of
687	687	age; and
688	688	(2) the child is alleged to have engaged in delinquent
689	689	conduct that included a violation of a penal law listed in Section
690	690	53.045 and no adjudication concerning the alleged conduct has been
691	691	made.
692	692	SECTION 4.16. Section 55.43(a), Family Code, is amended to
693	693	read as follows:
694	694	(a) The prosecuting attorney may file with the juvenile
695	695	court a motion for a restoration hearing concerning a child if:
696	696	(1) the child is found unfit to proceed as a result of
697	697	mental illness or an intellectual disability; and
698	698	(2) the child:
699	699	(A) is not:
700	700	(i) ordered by a court to receive inpatient
701	701	mental health services;
702	702	(ii) committed by a court to a residential
703	703	care facility; or
704	704	(iii) ordered by a court to receive
705	705	treatment on an outpatient basis; or
706	706	(B) is discharged or currently on furlough from a
707	707	mental health facility or outpatient center before the child
708	708	reaches 19 [18] years of age.
709	709	SECTION 4.17. The heading to Section 55.44, Family Code, is
710	710	amended to read as follows:
711	711	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
712	712	BIRTHDAY OF CHILD.
713	713	SECTION 4.18. Section 55.44(a), Family Code, is amended to
714	714	read as follows:
715	715	(a) The juvenile court shall transfer all pending
716	716	proceedings from the juvenile court to a criminal court on the 19th
717	717	[18th] birthday of a child for whom the juvenile court or a court to
718	718	which the child's case is referred has ordered inpatient mental
719	719	health services or residential care for persons with an
720	720	intellectual disability if:
721	721	(1) the child is not discharged or currently on
722	722	furlough from the facility before reaching 19 [18] years of age; and
723	723	(2) the child is alleged to have engaged in delinquent
724	724	conduct that included a violation of a penal law listed in Section
725	725	53.045 and no adjudication concerning the alleged conduct has been
726	726	made.
727	727	SECTION 4.19. Section 58.0052(a)(3), Family Code, is
728	728	amended to read as follows:
729	729	(3) "Multi-system youth" means a person who:
730	730	(A) is younger than 20 [19] years of age; and
731	731	(B) has received services from two or more
732	732	juvenile service providers.
733	733	SECTION 4.20. Section 59.005(b), Family Code, is amended to
734	734	read as follows:
735	735	(b) The juvenile court or the probation department shall
736	736	discharge the child from the custody of the probation department on
737	737	the date the provisions of this section are met or on the child's
738	738	19th [18th] birthday, whichever is earlier.
739	739	SECTION 4.21. Section 59.006(b), Family Code, is amended to
740	740	read as follows:
741	741	(b) The juvenile court shall discharge the child from the
742	742	custody of the probation department on the date the provisions of
743	743	this section are met or on the child's 19th [18th] birthday,
744	744	whichever is earlier.
745	745	SECTION 4.22. Section 59.007(b), Family Code, is amended to
746	746	read as follows:
747	747	(b) The juvenile court shall discharge the child from the
748	748	custody of the probation department on the date the provisions of
749	749	this section are met or on the child's 19th [18th] birthday,
750	750	whichever is earlier.
751	751	SECTION 4.23. Section 59.008(b), Family Code, is amended to
752	752	read as follows:
753	753	(b) The juvenile court shall discharge the child from the
754	754	custody of the probation department on the date the provisions of
755	755	this section are met or on the child's 19th [18th] birthday,
756	756	whichever is earlier.
757	757	SECTION 4.24. Section 59.009(c), Family Code, is amended to
758	758	read as follows:
759	759	(c) The Texas Juvenile Justice Department, juvenile board,
760	760	or local juvenile probation department may discharge the child from
761	761	the custody of the department, board, or probation department, as
762	762	applicable, on the date the provisions of this section are met or on
763	763	the child's 20th [19th] birthday, whichever is earlier.
764	764	SECTION 4.25. Section 61.051(c), Family Code, is amended to
765	765	read as follows:
766	766	(c) The juvenile court retains jurisdiction to enter a
767	767	contempt order if the motion for enforcement is filed not later than
768	768	six months after the child's 19th [18th] birthday.
769	769	SECTION 4.26. Section 614.019(b), Health and Safety Code,
770	770	is amended to read as follows:
771	771	(b) A child with mental illness who is receiving continuity
772	772	of care services during parole from the Texas Juvenile Justice
773	773	Department and who is no longer eligible to receive services from a
774	774	local mental health authority when the child becomes 18 [17] years
775	775	of age because the child does not meet the requirements of a local
776	776	service area plan under Section 533.0352(a) may continue to receive
777	777	continuity of care services from the office until the child
778	778	completes the child's parole.
779	779	SECTION 4.27. Section 63.001(1), Human Resources Code, is
780	780	amended to read as follows:
781	781	(1) "Juvenile" means a person from the age of 10 to 20
782	782	[18] years who:
783	783	(A) has been found to have engaged in delinquent
784	784	conduct by a juvenile court; and
785	785	(B) is under the jurisdiction of the juvenile
786	786	court [of competent jurisdiction].
787	787	SECTION 4.28. Section 152.0015, Human Resources Code, is
788	788	amended to read as follows:
789	789	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
790	790	JUVENILES. A juvenile board shall establish a policy that
791	791	specifies whether a person who has been transferred for criminal
792	792	prosecution under Section 54.02, Family Code, and is younger than
793	793	18 [17] years of age may be detained in a juvenile facility pending
794	794	trial as provided by Section 51.12, Family Code.
795	795	SECTION 4.29. Sections 152.0016(e) and (j), Human Resources
796	796	Code, are amended to read as follows:
797	797	(e) A juvenile board or a local juvenile probation
798	798	department shall accept a person properly committed to it by a
799	799	juvenile court under Section 54.04011, Family Code, in the same
800	800	manner in which the Texas Juvenile Justice Department accepts a
801	801	person under Section 54.04(e), Family Code, even though the person
802	802	may be 18 [17] years of age or older at the time of the commitment.
803	803	(j) After a child committed to a post-adjudication secure
804	804	correctional facility with a determinate sentence under Section
805	805	54.04011(c)(2), Family Code, becomes 16 years of age but before the
806	806	child becomes 20 [19] years of age, the juvenile board or local
807	807	juvenile probation department operating or contracting for the
808	808	operation of the facility may refer the child to the juvenile court
809	809	that entered the order of commitment for approval of the child's
810	810	transfer to the Texas Department of Criminal Justice for
811	811	confinement if the child has not completed the sentence and:
812	812	(1) the child's conduct, regardless of whether the
813	813	child was released under supervision through a program established
814	814	by the board or department, indicates that the welfare of the
815	815	community requires the transfer; or
816	816	(2) while the child was released under supervision:
817	817	(A) a juvenile court adjudicated the child as
818	818	having engaged in delinquent conduct constituting a felony offense;
819	819	(B) a criminal court convicted the child of a
820	820	felony offense; or
821	821	(C) the child's release under supervision was
822	822	revoked.
823	823	SECTION 4.30. Section 201.001(a)(2), Human Resources Code,
824	824	is amended to read as follows:
825	825	(2) "Child" means an individual:
826	826	(A) 10 years of age or older and younger than 20
827	827	[18] years of age who is under the jurisdiction of a juvenile court;
828	828	or
829	829	(B) 10 years of age or older and younger than 20
830	830	[19] years of age who is committed to the department under Title 3,
831	831	Family Code.
832	832	SECTION 4.31. Section 243.051(b), Human Resources Code, is
833	833	amended to read as follows:
834	834	(b) A child who is arrested or taken into custody under
835	835	Subsection (a) may be detained in any suitable place, including an
836	836	adult jail facility if the person is 18 [17] years of age or older,
837	837	until the child is returned to the custody of the department or
838	838	transported to a department facility.
839	839	SECTION 4.32. Section 244.014(a), Human Resources Code, is
840	840	amended to read as follows:
841	841	(a) After a child sentenced to commitment under Section
842	842	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
843	843	of age but before the child becomes 20 [19] years of age, the
844	844	department may refer the child to the juvenile court that entered
845	845	the order of commitment for approval of the child's transfer to the
846	846	Texas Department of Criminal Justice for confinement if:
847	847	(1) the child has not completed the sentence; and
848	848	(2) the child's conduct, regardless of whether the
849	849	child was released under supervision under Section 245.051,
850	850	indicates that the welfare of the community requires the transfer.
851	851	SECTION 4.33. Section 244.015, Human Resources Code, is
852	852	amended to read as follows:
853	853	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
854	854	DETERMINATE SENTENCES. (a) When a child who is sentenced to
855	855	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
856	856	Family Code, becomes 19 [18] years of age, the department shall
857	857	evaluate whether the child is in need of additional services that
858	858	can be completed in the six-month period after the child's 19th
859	859	[18th] birthday to prepare the child for release from the custody of
860	860	the department or transfer to the Texas Department of Criminal
861	861	Justice.
862	862	(b) This section does not apply to a child who is released
863	863	from the custody of the department or who is transferred to the
864	864	Texas Department of Criminal Justice before the child's 19th [18th]
865	865	birthday.
866	866	SECTION 4.34. Section 245.053(i), Human Resources Code, is
867	867	amended to read as follows:
868	868	(i) If the department requires as a condition of release
869	869	that a child attend psychological counseling under Subsection (a),
870	870	the department may, before the date the period of release ends,
871	871	petition the appropriate court to request the court to extend the
872	872	period of release for an additional period necessary to complete
873	873	the required counseling as determined by the treatment provider,
874	874	except that the release period may not be extended to a date after
875	875	the date of the child's 19th [18th] birthday.
876	876	SECTION 4.35. Sections 245.151(d) and (e), Human Resources
877	877	Code, are amended to read as follows:
878	878	(d) Except as provided by Subsection (e), the department
879	879	shall discharge from its custody a person not already discharged on
880	880	the person's 20th [19th] birthday.
881	881	(e) The department shall transfer a person who has been
882	882	sentenced under a determinate sentence to commitment under Section
883	883	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
884	884	returned to the department under Section 54.11(i)(1), Family Code,
885	885	to the custody of the Texas Department of Criminal Justice on the
886	886	person's 20th [19th] birthday, if the person has not already been
887	887	discharged or transferred, to serve the remainder of the person's
888	888	sentence on parole as provided by Section 508.156, Government Code.
889	889	SECTION 4.36. (a) Except as provided by Subsection (b) of
890	890	this section, the changes in law made by this article apply only to
891	891	procedures relating to conduct that occurs on or after September 1,
892	892	2021. Procedures relating to conduct that occurred before
893	893	September 1, 2021, are governed by the law in effect on the date the
894	894	conduct occurred, and the former law is continued in effect for that
895	895	purpose.
896	896	(b) The change in law made by this article to Section
897	897	58.0052, Family Code, applies to the sharing of information on or
898	898	after September 1, 2021, without regard to whether the information
899	899	was compiled before, on, or after that date.
900	900	(c) For purposes of this section, conduct occurred before
901	901	September 1, 2021, if any element of the conduct occurred before
902	902	that date.
903	903	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
904	904	RESPONSIBILITY
905	905	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
906	906	is amended to read as follows:
907	907	(5) "Confidential criminal record information of a
908	908	child" means information about a person's involvement in the
909	909	criminal justice system resulting from conduct that occurred or was
910	910	alleged to occur when the person was younger than 18 [17] years of
911	911	age that is confidential under Chapter 45, Code of Criminal
912	912	Procedure, or other law. The term does not include:
913	913	(A) criminal record information of a person
914	914	certified to stand trial as an adult for that conduct, as provided
915	915	by Section 54.02, Family Code; or
916	916	(B) information relating to a traffic offense.
917	917	SECTION 5.02. Section 65.251(b), Family Code, is amended to
918	918	read as follows:
919	919	(b) If a child fails to obey an order issued by a truancy
920	920	court under Section 65.103(a) or a child is in direct contempt of
921	921	court and the child has failed to obey an order or has been found in
922	922	direct contempt of court on two or more previous occasions, the
923	923	truancy court, after providing notice and an opportunity for a
924	924	hearing, may refer the child to the juvenile probation department
925	925	as a request for truancy intervention, unless the child failed to
926	926	obey the truancy court order or was in direct contempt of court
927	927	while 18 [17] years of age or older.
928	928	SECTION 5.03. Section 79.001(10), Government Code, is
929	929	amended to read as follows:
930	930	(10) "Juvenile offense" means conduct committed by a
931	931	person while younger than 18 [17] years of age that constitutes:
932	932	(A) a misdemeanor punishable by confinement; or
933	933	(B) a felony.
934	934	SECTION 5.04. Section 511.009(a), Government Code, as
935	935	effective September 1, 2017, is amended to read as follows:
936	936	(a) The commission shall:
937	937	(1) adopt reasonable rules and procedures
938	938	establishing minimum standards for the construction, equipment,
939	939	maintenance, and operation of county jails;
940	940	(2) adopt reasonable rules and procedures
941	941	establishing minimum standards for the custody, care, and treatment
942	942	of prisoners;
943	943	(3) adopt reasonable rules establishing minimum
944	944	standards for the number of jail supervisory personnel and for
945	945	programs and services to meet the needs of prisoners;
946	946	(4) adopt reasonable rules and procedures
947	947	establishing minimum requirements for programs of rehabilitation,
948	948	education, and recreation in county jails;
949	949	(5) revise, amend, or change rules and procedures if
950	950	necessary;
951	951	(6) provide to local government officials
952	952	consultation on and technical assistance for county jails;
953	953	(7) review and comment on plans for the construction
954	954	and major modification or renovation of county jails;
955	955	(8) require that the sheriff and commissioners of each
956	956	county submit to the commission, on a form prescribed by the
957	957	commission, an annual report on the conditions in each county jail
958	958	within their jurisdiction, including all information necessary to
959	959	determine compliance with state law, commission orders, and the
960	960	rules adopted under this chapter;
961	961	(9) review the reports submitted under Subdivision (8)
962	962	and require commission employees to inspect county jails regularly
963	963	to ensure compliance with state law, commission orders, and rules
964	964	and procedures adopted under this chapter;
965	965	(10) adopt a classification system to assist sheriffs
966	966	and judges in determining which defendants are low-risk and
967	967	consequently suitable participants in a county jail work release
968	968	program under Article 42.034, Code of Criminal Procedure;
969	969	(11) adopt rules relating to requirements for
970	970	segregation of classes of inmates and to capacities for county
971	971	jails;
972	972	(12) require that the chief jailer of each municipal
973	973	lockup submit to the commission, on a form prescribed by the
974	974	commission, an annual report of persons under 18 [17] years of age
975	975	securely detained in the lockup, including all information
976	976	necessary to determine compliance with state law concerning secure
977	977	confinement of children in municipal lockups;
978	978	(13) at least annually determine whether each county
979	979	jail is in compliance with the rules and procedures adopted under
980	980	this chapter;
981	981	(14) require that the sheriff and commissioners court
982	982	of each county submit to the commission, on a form prescribed by the
983	983	commission, an annual report of persons under 17 years of age
984	984	securely detained in the county jail, including all information
985	985	necessary to determine compliance with state law concerning secure
986	986	confinement of children in county jails;
987	987	(15) schedule announced and unannounced inspections
988	988	of jails under the commission's jurisdiction using the risk
989	989	assessment plan established under Section 511.0085 to guide the
990	990	inspections process;
991	991	(16) adopt a policy for gathering and distributing to
992	992	jails under the commission's jurisdiction information regarding:
993	993	(A) common issues concerning jail
994	994	administration;
995	995	(B) examples of successful strategies for
996	996	maintaining compliance with state law and the rules, standards, and
997	997	procedures of the commission; and
998	998	(C) solutions to operational challenges for
999	999	jails;
1000	1000	(17) report to the Texas Correctional Office on
1001	1001	Offenders with Medical or Mental Impairments on a jail's compliance
1002	1002	with Article 16.22, Code of Criminal Procedure;
1003	1003	(18) adopt reasonable rules and procedures
1004	1004	establishing minimum requirements for jails to:
1005	1005	(A) determine if a prisoner is pregnant; and
1006	1006	(B) ensure that the jail's health services plan
1007	1007	addresses medical and mental health care, including nutritional
1008	1008	requirements, and any special housing or work assignment needs for
1009	1009	persons who are confined in the jail and are known or determined to
1010	1010	be pregnant;
1011	1011	(19) provide guidelines to sheriffs regarding
1012	1012	contracts between a sheriff and another entity for the provision of
1013	1013	food services to or the operation of a commissary in a jail under
1014	1014	the commission's jurisdiction, including specific provisions
1015	1015	regarding conflicts of interest and avoiding the appearance of
1016	1016	impropriety;
1017	1017	(20) adopt reasonable rules and procedures
1018	1018	establishing minimum standards for prisoner visitation that
1019	1019	provide each prisoner at a county jail with a minimum of two
1020	1020	in-person, noncontact visitation periods per week of at least 20
1021	1021	minutes duration each;
1022	1022	(21) require the sheriff of each county to:
1023	1023	(A) investigate and verify the veteran status of
1024	1024	each prisoner by using data made available from the Veterans
1025	1025	Reentry Search Service (VRSS) operated by the United States
1026	1026	Department of Veterans Affairs or a similar service; and
1027	1027	(B) use the data described by Paragraph (A) to
1028	1028	assist prisoners who are veterans in applying for federal benefits
1029	1029	or compensation for which the prisoners may be eligible under a
1030	1030	program administered by the United States Department of Veterans
1031	1031	Affairs;
1032	1032	(22) adopt reasonable rules and procedures regarding
1033	1033	visitation of a prisoner at a county jail by a guardian, as defined
1034	1034	by Section 1002.012, Estates Code, that:
1035	1035	(A) allow visitation by a guardian to the same
1036	1036	extent as the prisoner's next of kin, including placing the
1037	1037	guardian on the prisoner's approved visitors list on the guardian's
1038	1038	request and providing the guardian access to the prisoner during a
1039	1039	facility's standard visitation hours if the prisoner is otherwise
1040	1040	eligible to receive visitors; and
1041	1041	(B) require the guardian to provide the sheriff
1042	1042	with letters of guardianship issued as provided by Section
1043	1043	1106.001, Estates Code, before being allowed to visit the prisoner;
1044	1044	and
1045	1045	(23) adopt reasonable rules and procedures to ensure
1046	1046	the safety of prisoners, including rules and procedures that
1047	1047	require a county jail to:
1048	1048	(A) give prisoners the ability to access a mental
1049	1049	health professional at the jail through a telemental health service
1050	1050	24 hours a day;
1051	1051	(B) give prisoners the ability to access a health
1052	1052	professional at the jail or through a telehealth service 24 hours a
1053	1053	day or, if a health professional is unavailable at the jail or
1054	1054	through a telehealth service, provide for a prisoner to be
1055	1055	transported to access a health professional; and
1056	1056	(C) if funding is available under Section
1057	1057	511.019, install automated electronic sensors or cameras to ensure
1058	1058	accurate and timely in-person checks of cells or groups of cells
1059	1059	confining at-risk individuals.
1060	1060	SECTION 5.05. Section 521.201, Transportation Code, is
1061	1061	amended to read as follows:
1062	1062	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1063	1063	department may not issue any license to a person who:
1064	1064	(1) is under 15 years of age;
1065	1065	(2) is under 18 years of age unless the person complies
1066	1066	with the requirements imposed by Section 521.204;
1067	1067	(3) is shown to be addicted to the use of alcohol, a
1068	1068	controlled substance, or another drug that renders a person
1069	1069	incapable of driving;
1070	1070	(4) holds a driver's license issued by this state or
1071	1071	another state or country that is revoked, canceled, or under
1072	1072	suspension;
1073	1073	(5) has been determined by a judgment of a court to be
1074	1074	totally incapacitated or incapacitated to act as the operator of a
1075	1075	motor vehicle unless the person has, by the date of the license
1076	1076	application, been:
1077	1077	(A) restored to capacity by judicial decree; or
1078	1078	(B) released from a hospital for the mentally
1079	1079	incapacitated on a certificate by the superintendent or
1080	1080	administrator of the hospital that the person has regained
1081	1081	capacity;
1082	1082	(6) the department determines to be afflicted with a
1083	1083	mental or physical disability or disease that prevents the person
1084	1084	from exercising reasonable and ordinary control over a motor
1085	1085	vehicle while operating the vehicle on a highway, except that a
1086	1086	person may not be refused a license because of a physical defect if
1087	1087	common experience shows that the defect does not incapacitate a
1088	1088	person from safely operating a motor vehicle;
1089	1089	(7) has been reported by a court under Section
1090	1090	521.3452 for failure to appear unless the court has filed an
1091	1091	additional report on final disposition of the case; or
1092	1092	(8) has been reported by a court for failure to appear
1093	1093	or default in payment of a fine for a misdemeanor that is not
1094	1094	covered under Subdivision (7) and that is punishable by a fine only,
1095	1095	including a misdemeanor under a municipal ordinance, committed by a
1096	1096	person who was under 18 [17] years of age at the time of the alleged
1097	1097	offense, unless the court has filed an additional report on final
1098	1098	disposition of the case.
1099	1099	SECTION 5.06. Section 109.001(5), Business & Commerce Code,
1100	1100	and Section 521.201, Transportation Code, as amended by this
1101	1101	article, apply only to an offense committed on or after September 1,
1102	1102	2021. An offense committed before September 1, 2021, is governed by
1103	1103	the law in effect on the date the offense was committed, and the
1104	1104	former law is continued in effect for that purpose. For purposes of
1105	1105	this section, an offense was committed before September 1, 2021, if
1106	1106	any element of the offense occurred before that date.
1107	1107	ARTICLE 6. ADVISORY COMMITTEE
1108	1108	SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1109	1109	Not later than December 1, 2018, the Texas Juvenile Justice Board
1110	1110	shall appoint an advisory committee to monitor and evaluate
1111	1111	implementation of this Act.
1112	1112	(b) In making appointments to the advisory committee, the
1113	1113	board shall include members who are interested parties, including:
1114	1114	(1) the executive director of the Texas Juvenile
1115	1115	Justice Department or the executive director's designee;
1116	1116	(2) the director of probation services of the Texas
1117	1117	Juvenile Justice Department or the director's designee;
1118	1118	(3) the executive commissioner of the Health and Human
1119	1119	Services Commission or the executive commissioner's designee;
1120	1120	(4) one representative of county commissioners courts
1121	1121	appointed by the board;
1122	1122	(5) two juvenile court judges appointed by the board;
1123	1123	(6) seven chief juvenile probation officers appointed
1124	1124	by the board as provided by Subsection (c) of this section;
1125	1125	(7) juvenile prosecutors;
1126	1126	(8) juvenile defense attorneys;
1127	1127	(9) juvenile justice advocates; and
1128	1128	(10) individuals who were adjudicated for juvenile
1129	1129	offenses in this state or who were prosecuted as adults for offenses
1130	1130	committed when they were 17 years old, or their family members.
1131	1131	(c) The board shall appoint to the advisory council one
1132	1132	chief juvenile probation officer from each regional chiefs
1133	1133	association in this state from a list of nominees submitted to the
1134	1134	board by each regional chiefs association. To the greatest extent
1135	1135	practicable, a regional chiefs association shall include in the
1136	1136	association's list of nominees:
1137	1137	(1) one chief juvenile probation officer of a juvenile
1138	1138	probation department serving a county with a population that
1139	1139	includes fewer than 7,500 persons younger than 18 years of age;
1140	1140	(2) one chief juvenile probation officer of a juvenile
1141	1141	probation department serving a county with a population that
1142	1142	includes at least 7,500 but fewer than 80,000 persons younger than
1143	1143	18 years of age; and
1144	1144	(3) one chief juvenile probation officer of a juvenile
1145	1145	probation department serving a county with a population that
1146	1146	includes 80,000 or more persons younger than 18 years of age.
1147	1147	(d) The board shall designate one of the members as
1148	1148	presiding officer of the advisory committee.
1149	1149	(e) The advisory committee shall assist the Texas Juvenile
1150	1150	Justice Department in evaluating and monitoring the implementation
1151	1151	of this Act, which includes determining the needs and problems of
1152	1152	county juvenile boards and probation departments, and offer
1153	1153	recommendations to meet identified needs and problems.
1154	1154	(f) The advisory committee shall analyze the anticipated
1155	1155	cost to this state of implementing this Act. Not later than
1156	1156	December 1, 2018, the advisory committee shall produce a report
1157	1157	summarizing the results of the analysis and deliver the report to
1158	1158	the governor, the lieutenant governor, and each member of the
1159	1159	legislature.
1160	1160	(g) Members of the advisory committee serve without
1161	1161	compensation and are not entitled to reimbursement for expenses.
1162	1162	(h) The advisory committee is not subject to Chapter 2110,
1163	1163	Government Code.
1164	1164	(i) The advisory committee is abolished and this article
1165	1165	expires December 1, 2021.
1166	1166	ARTICLE 7. EFFECTIVE DATES
1167	1167	SECTION 7.01. (a) Except as provided by Subsection (b) of
1168	1168	this section, this Act takes effect September 1, 2021.
1169	1169	(b) Article 6 of this Act takes effect December 1, 2017.