Texas 2019 - 86th Regular

Texas House Bill HB1332 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R7202 EAS-D
2		-	By: Israel~~, Lopez~~ H.B. No. 1332
	2	+	By: Israel H.B. No. 1332
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the repeal of the authority of political subdivisions
8	8		to adopt or enforce juvenile curfews.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Article 45.045(c), Code of Criminal Procedure,
11	11		is amended to read as follows:
12	12		(c) This article does not limit the authority of a court to
13	13		order a child taken into custody under Article 45.058 [or 45.059].
14	14		SECTION 2. Article 45.060(a), Code of Criminal Procedure,
15	15		is amended to read as follows:
16	16		(a) Except as provided by Article [Articles] 45.058 [and
17	17		45.059], an individual may not be taken into secured custody for
18	18		offenses alleged to have occurred before the individual's 17th
19	19		birthday.
20	20		SECTION 3. Section 51.02(15), Family Code, is amended to
21	21		read as follows:
22	22		(15) "Status offender" means a child who is accused,
23	23		adjudicated, or convicted for conduct that would not, under state
24	24		law, be a crime if committed by an adult, including:
25	25		(A) running away from home under Section
26	26		51.03(b)(2);
27	27		(B) a fineable only offense under Section
28	28		51.03(b)(1) transferred to the juvenile court under Section
29	29		51.08(b), but only if the conduct constituting the offense would
30	30		not have been criminal if engaged in by an adult;
31	31		(C) a violation of standards of student conduct
32	32		as described by Section 51.03(b)(4);
33	33		(D) [a violation of a juvenile curfew ordinance or
34	34		order;
35	35		[(E)] a violation of a provision of the Alcoholic
36	36		Beverage Code applicable to minors only; or
37	37		(E) [(F)] a violation of any other fineable only
38	38		offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
39	39		conduct constituting the offense would not have been criminal if
40	40		engaged in by an adult.
41	41		SECTION 4. Section 38.003(a), Government Code, is amended
42	42		to read as follows:
43	43		(a) The judge of a county, justice, or municipal court, in
44	44		accordance with Section 38.002, may award money from a judicial
45	45		donation trust fund established under Section 38.001 to eligible
46	46		children or families who appear before the court for a truancy [or
47	47		curfew] violation or in another misdemeanor offense proceeding
48	48		before the court.
49	49		SECTION 5. Section 71.0352, Government Code, is amended to
50	50		read as follows:
51	51		Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
52	52		TRUANCY COURTS. As a component of the official monthly report
53	53		submitted to the Office of Court Administration of the Texas
54	54		Judicial System:
55	55		(1) a justice court, municipal court, or truancy court
56	56		shall report the number of cases filed for:
57	57		(A) truant conduct under Section 65.003(a),
58	58		Family Code; and
59	59		(B) the offense of parent contributing to
60	60		nonattendance under Section 25.093, Education Code; and
61	61		[(C) a violation of a local daytime curfew
62	62		ordinance adopted under Section 341.905 or 351.903, Local
63	63		Government Code; and]
64	64		(2) in cases in which a child fails to obey an order of
65	65		a justice court, municipal court, or truancy court under
66	66		circumstances that would constitute contempt of court, the justice
67	67		court, municipal court, or truancy court shall report the number of
68	68		incidents in which the child is:
69	69		(A) referred to the appropriate juvenile court
70	70		for delinquent conduct as provided by Article 45.050(c)(1), Code of
71	71		Criminal Procedure, or Section 65.251, Family Code; or
72	72		(B) held in contempt, fined, or denied driving
73	73		privileges as provided by Article 45.050(c)(2), Code of Criminal
74	74		Procedure, or Section 65.251, Family Code.
75	75		SECTION 6. Chapter 370, Local Government Code, is amended
76	76		by adding Section 370.007 to read as follows:
77	77		Sec. 370.007. JUVENILE CURFEWS PROHIBITED. (a)
78	78		Notwithstanding any other law, a political subdivision may not
79	79		adopt or enforce an order, ordinance, or other measure that imposes
80	80		a curfew to regulate the movements or actions of persons younger
81	81		than 18 years of age.
82	82		(b) This section does not apply to a curfew implemented
83	83		under Chapter 418, Government Code, for purposes of emergency
84	84		management.
85	85		SECTION 7. Section 8.07(e), Penal Code, is amended to read
86	86		as follows:
87	87		(e) A person who is at least 10 years of age but younger than
88	88		15 years of age is presumed incapable of committing an offense
89	89		described by Subsection (a)(4) or (5)[, other than an offense under
90	90		a juvenile curfew ordinance or order]. This presumption may be
91	91		refuted if the prosecution proves to the court by a preponderance of
92	92		the evidence that the actor had sufficient capacity to understand
93	93		that the conduct engaged in was wrong at the time the conduct was
94	94		engaged in. The prosecution is not required to prove that the actor
95	95		at the time of engaging in the conduct knew that the act was a
96	96		criminal offense or knew the legal consequences of the offense.
97	97		SECTION 8. The following provisions are repealed:
98	98		(1) Article 45.059, Code of Criminal Procedure;
99	99		(2) Section 341.905, Local Government Code;
100	100		(3) Section 351.903, Local Government Code; and
101	101		(4) Section 370.002, Local Government Code.
102	102		SECTION 9. A violation of a juvenile curfew ordinance or
103	103		order may not be prosecuted or adjudicated after the effective date
104	104		of this Act. If on the effective date of this Act a criminal or
105	105		civil action is pending for a violation of a juvenile curfew
106	106		ordinance or order, the action is dismissed on that date. However,
107	107		a final conviction or adjudication for a violation of a juvenile
108	108		curfew ordinance or order that exists on the effective date of this
109	109		Act is unaffected by this Act.
110	110		SECTION 10. This Act takes effect September 1, 2019.