Texas 2019 - 86th Regular

Texas House Bill HB1364 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Wu, Zerwas, Sheffield, Dutton, White, H.B. No. 1364
2		-	et al.
	1	+	86R18198 ADM-D
	2	+	By: Wu H.B. No. 1364
	3	+	Substitute the following for H.B. No. 1364:
	4	+	By: Dutton C.S.H.B. No. 1364
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the age of a child at which a juvenile court may
8	10		exercise jurisdiction over the child and to the minimum age of
9	11		criminal responsibility.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Article 45.058(h), Code of Criminal Procedure,
12	14		is amended to read as follows:
13	15		(h) In this article, "child" means a person who is:
14	16		(1) at least 12 [10] years of age and younger than 17
15	17		years of age; and
16	18		(2) charged with or convicted of an offense that a
17	19		justice or municipal court has jurisdiction of under Article 4.11
18	20		or 4.14.
19	21		SECTION 2. Section 37.141(1), Education Code, is amended to
20	22		read as follows:
21	23		(1) "Child" means a person who is:
22	24		(A) a student; and
23	25		(B) at least 12 [10] years of age and younger than
24	26		18 years of age.
25	27		SECTION 3. Section 51.02(2), Family Code, is amended to
26	28		read as follows:
27	29		(2) "Child" means a person who is:
28		-	(A) 10 [ten] years of age or older and under 18
	30	+	(A) 10 [ten] years of age or older and under 19
29	31		[17] years of age who is alleged or found to have engaged in conduct
30		-	that violates a penal law of the grade of felony as a result of acts
31		-	committed before becoming 12 years of age; or
	32	+	that violates a penal law of the grade of felony of the second
	33	+	degree or higher as a result of acts committed before becoming 12
	34	+	years of age; or
32	35		(B) 12 [seventeen] years of age or older and
33		-	under 18 years of age who is alleged or found to have engaged in
	36	+	under 19 [18] years of age who is alleged or found to have engaged in
34	37		delinquent conduct or conduct indicating a need for supervision as
35	38		a result of acts committed after becoming 12 years of age and before
36	39		becoming 17 years of age.
37	40		SECTION 4. Section 52.02, Family Code, is amended by adding
38	41		Subsection (e) to read as follows:
39	42		(e) A child younger than 12 years of age must be released
40	43		from custody in accordance with Subsection (a)(1) unless the child
41	44		poses an immediate threat to public safety or to the child's own
42	45		safety.
43		-	SECTION 5. Sections 53.01(b) and (b-1), Family Code, are
44		-	amended to read as follows:
45		-	(b) Except as provided by Subsection (b-1), if [If] it is
46		-	determined that the person is not a child or there is no probable
47		-	cause, the person shall immediately be released.
48		-	(b-1) The person who is conducting the preliminary
49		-	investigation may [shall], as appropriate, refer the child's case
50		-	to a community resource coordination group, a local-level
51		-	interagency staffing group, or other community juvenile service
52		-	provider for services under Section 53.011, if the person
53		-	determines that:
54		-	(1) the child is younger than 12 years of age;
55		-	(2) the child is not subject to the jurisdiction of a
56		-	juvenile court because the child is not alleged to have engaged in
57		-	conduct that violates a penal law of the grade of felony
58		-	as a result
59		-	of acts committed before becoming 12 years of age [there is probable
60		-	cause to believe the child engaged in delinquent conduct or conduct
61		-	indicating a need for supervision;
62		-	[(3) the child's case does not require referral to the
63		-	prosecuting attorney under Subsection (d) or (f);
64		-	[(4) the child is eligible for deferred prosecution
65		-	under Section 53.03]; and
66		-	(3) [(5)] the child and the child's family are not
67		-	currently receiving services under Section 53.011 and would benefit
68		-	from receiving the services.
69		-	SECTION 6. Section 53.011(b), Family Code, is amended to
70		-	read as follows:
71		-	(b) On receipt of a referral under Section 53.01(b-1) or
72		-	54.015(f), a community resource coordination group, a local-level
73		-	interagency staffing group, or another community juvenile services
74		-	provider shall evaluate the child's case and make recommendations
75		-	to the juvenile probation department for appropriate services for
76		-	the child and the child's family.
77		-	SECTION 7. Chapter 54, Family Code, is amended by adding
	46	+	SECTION 5. Chapter 54, Family Code, is amended by adding
78	47		Section 54.015 to read as follows:
79	48		Sec. 54.015. JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN
80		-	12 YEARS OF AGE. (a) ~~On request of any party,~~ a court shall hold a
81		-	~~jurisdictional hearing~~ without a jury to determine whether to
82		-	~~retain jurisdiction over a~~ child younger than 12 years of age.
	49	+	12 YEARS OF AGE. (a) A court shall hold a jurisdictional hearing
	50	+	without a jury to determine whether to retain jurisdiction over a
	51	+	child younger than 12 years of age.
83	52		(b) A hearing under this section must be held:
84	53		(1) if the child was not released under Section 53.02,
85	54		immediately before considering whether to release the child at the
86	55		detention hearing under Section 54.01; or
87	56		(2) if the child was not detained and the requirements
88	57		of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied,
89	58		immediately before the hearing on the petition.
90	59		(c) At a hearing under this section, the court must
91	60		determine whether to retain jurisdiction over the child by
92	61		considering whether:
93	62		(1) probable cause exists to believe that the child
94		-	engaged in conduct that violates a penal law of the grade of felony;
95		-	~~(2) normal interventions by~~ the ~~child's parent,~~
96		-	~~guardian, or family,~~ child protective services~~, or the child's~~
97		-	school will be sufficient to ensure the safety of the ~~public and of~~
98		-	the child;
	63	+	engaged in conduct that violates a penal law of the grade of felony
	64	+	of the second degree or higher;
	65	+	(2) normal interventions by child protective services
	66	+	or the child's school will be sufficient to ensure the safety of the
	67	+	public and of the child;
99	68		(3) intervention by the court is warranted; and
100	69		(4) it is in the best interest of the child for the
101	70		court to intervene.
102	71		(d) If the court retains jurisdiction over a child under
103	72		this section, the court may proceed with the detention hearing
104	73		under Section 54.01 or an adjudication hearing under Section 54.03,
105	74		as applicable.
106	75		(e) If the court waives jurisdiction over the child, the
107	76		court shall immediately dismiss the child and the charges against
108	77		the child. A waiver under this section is a waiver of jurisdiction
109	78		over the child only for the dismissed charges.
110		-	(f) If the court waives jurisdiction over the child, the
111		-	court shall notify the person who conducted the preliminary
112		-	investigation of the child under Section 53.01 of the court's
113		-	waiver of jurisdiction. The person may, as appropriate, refer the
114		-	child's case to a community resource coordination group,
115		-	local-level interagency staffing group, or other community
116		-	juvenile service provider for services under Section 53.011.
117		-	SECTION 8. Sections 8.07(d) and (e), Penal Code, are
	79	+	SECTION 6. Section 201.001(a)(2), Human Resources Code, is
	80	+	amended to read as follows:
	81	+	(2) "Child" means an individual [:
	82	+	[(A)] 10 years of age or older and younger than 19
	83	+	[18] years of age who is under the jurisdiction of a juvenile
	84	+	court[; or
	85	+	[(B) 10 years of age or older and younger than 19
	86	+	years of age who is committed to the department under Title 3,
	87	+	Family Code].
	88	+	SECTION 7. Sections 8.07(d) and (e), Penal Code, are
118	89		amended to read as follows:
119	90		(d) Notwithstanding Subsection (a), a person may not be
120	91		prosecuted for or convicted of an offense described by Subsection
121	92		(a)(4) or (5) that the person committed when younger than 12 [10]
122	93		years of age.
123	94		(e) A person who is at least 12 [10] years of age but younger
124	95		than 15 years of age is presumed incapable of committing an offense
125	96		described by Subsection (a)(4) or (5), other than an offense under a
126	97		juvenile curfew ordinance or order. This presumption may be
127	98		refuted if the prosecution proves to the court by a preponderance of
128	99		the evidence that the actor had sufficient capacity to understand
129	100		that the conduct engaged in was wrong at the time the conduct was
130	101		engaged in. The prosecution is not required to prove that the actor
131	102		at the time of engaging in the conduct knew that the act was a
132	103		criminal offense or knew the legal consequences of the offense.
133		-	SECTION 9. The following provisions are repealed:
	104	+	SECTION 8. The following provisions are repealed:
134	105		(1) Article 45.058(j), Code of Criminal Procedure;
135	106		(2) Sections 37.124(d) and 37.126(c), Education Code;
136		-	~~(3) Section 53.011(d), Family Code;~~ and
137		-	(4) Section 42.01(f), Penal Code.
138		-	SECTION 10. The changes in law made by this Act apply only
139		-	to an offense committed or conduct that occurs on or after the
	107	+	and
	108	+	(3) Section 42.01(f), Penal Code.
	109	+	SECTION 9. The changes in law made by this Act apply only to
	110	+	an offense committed or conduct that occurs on or after the
140	111		effective date of this Act. An offense committed or conduct that
141	112		occurred before that date is governed by the law in effect on the
142	113		date the offense was committed or the conduct occurred, and the
143	114		former law is continued in effect for that purpose. For purposes of
144	115		this section, an offense was committed or conduct occurred before
145	116		the effective date of this Act if any element of the offense or
146	117		conduct occurred before that date.
147		-	SECTION 11. This Act takes effect September 1, 2019.
	118	+	SECTION 10. This Act takes effect September 1, 2019.