Texas 2019 - 86th Regular

Texas House Bill HB2314 Compare Versions

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

Old	New	Differences
1	1	86R10529 ADM-D
2	2	By: Toth H.B. No. 2314
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 54.02, Family Code, is amended by
24	24	adding Subsection (m-1) to read as follows:
25	25	(m-1) Notwithstanding any other provision of this section,
26	26	the juvenile court shall waive its exclusive original jurisdiction
27	27	and transfer a child to the appropriate district court or criminal
28	28	court for criminal proceedings if the child was 17 years of age or
29	29	older at the time the child is alleged to have committed an offense
30	30	under one or more of the following sections of the Penal Code:
31	31	(1) Section 19.02 (murder);
32	32	(2) Section 19.03 (capital murder);
33	33	(3) Section 20.03 (kidnapping);
34	34	(4) Section 20.04 (aggravated kidnapping);
35	35	(5) Section 21.11 (indecency with a child);
36	36	(6) Section 22.01(a)(1) (assault), if the offense
37	37	involved family violence as defined by Section 71.004 of this code;
38	38	(7) Section 22.011 (sexual assault);
39	39	(8) Section 22.02 (aggravated assault);
40	40	(9) Section 22.021 (aggravated sexual assault);
41	41	(10) Section 22.04 (injury to a child, elderly
42	42	individual, or disabled individual);
43	43	(11) Section 29.03 (aggravated robbery);
44	44	(12) Section 21.02 (continuous sexual abuse of young
45	45	child or children); or
46	46	(13) Section 20A.03 (continuous trafficking of
47	47	persons).
48	48	SECTION 1.03. Section 8.07(b), Penal Code, is amended to
49	49	read as follows:
50	50	(b) Unless the juvenile court waives jurisdiction under
51	51	Section 54.02, Family Code, and certifies the individual for
52	52	criminal prosecution or the juvenile court has previously waived
53	53	jurisdiction under that section and certified the individual for
54	54	criminal prosecution, a person may not be prosecuted for or
55	55	convicted of any offense committed before reaching 18 [17] years of
56	56	age except an offense described by Subsections (a)(1)-(5).
57	57	SECTION 1.04. The changes in law made by this article apply
58	58	only to an offense committed or conduct that occurs on or after
59	59	September 1, 2020. An offense committed or conduct that occurred
60	60	before September 1, 2020, is governed by the law in effect on the
61	61	date the offense was committed or the conduct occurred, and the
62	62	former law is continued in effect for that purpose. For purposes of
63	63	this section, an offense was committed or conduct occurred before
64	64	September 1, 2020, if any element of the offense or conduct occurred
65	65	before that date.
66	66	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
67	67	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
68	68	read as follows:
69	69	(e) An offense under this section is one category lower than
70	70	the solicited offense, except that an offense under this section is
71	71	the same category as the solicited offense if it is shown on the
72	72	trial of the offense that the actor:
73	73	(1) was at the time of the offense 18 [17] years of age
74	74	or older and a member of a criminal street gang, as defined by
75	75	Section 71.01; and
76	76	(2) committed the offense with the intent to:
77	77	(A) further the criminal activities of the
78	78	criminal street gang; or
79	79	(B) avoid detection as a member of a criminal
80	80	street gang.
81	81	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
82	82	read as follows:
83	83	(b) A person commits an offense if:
84	84	(1) during a period that is 30 or more days in
85	85	duration, the person commits two or more acts of sexual abuse,
86	86	regardless of whether the acts of sexual abuse are committed
87	87	against one or more victims; and
88	88	(2) at the time of the commission of each of the acts
89	89	of sexual abuse, the actor is 18 [17] years of age or older and the
90	90	victim is a child younger than 14 years of age, regardless of
91	91	whether the actor knows the age of the victim at the time of the
92	92	offense.
93	93	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
94	94	read as follows:
95	95	(b) A person who is 18 [17] years of age or older commits an
96	96	offense if, with the intent to commit an offense listed in Article
97	97	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
98	98	over the Internet, by electronic mail or text message or other
99	99	electronic message service or system, or through a commercial
100	100	online service, intentionally:
101	101	(1) communicates in a sexually explicit manner with a
102	102	minor; or
103	103	(2) distributes sexually explicit material to a minor.
104	104	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
105	105	read as follows:
106	106	(c) Except as provided by Subsection (d), the punishment
107	107	prescribed for an offense described by Subsection (b) is increased
108	108	to the punishment prescribed for the next highest category of
109	109	offense if the actor is 18 [17] years of age or older and it is shown
110	110	beyond a reasonable doubt on the trial of the offense that the actor
111	111	committed the offense at a location that was:
112	112	(1) in, on, or within 1,000 feet of any:
113	113	(A) real property that is owned, rented, or
114	114	leased by a school or school board;
115	115	(B) premises owned, rented, or leased by an
116	116	institution of higher education;
117	117	(C) premises of a public or private youth center;
118	118	or
119	119	(D) playground;
120	120	(2) in, on, or within 300 feet of any:
121	121	(A) shopping mall;
122	122	(B) movie theater;
123	123	(C) premises of a public swimming pool; or
124	124	(D) premises of a video arcade facility; or
125	125	(3) on a school bus.
126	126	SECTION 2.05. Sections 545.424(b) and (b-1),
127	127	Transportation Code, are amended to read as follows:
128	128	(b) A person under 18 [17] years of age who holds a
129	129	restricted motorcycle license or moped license may not operate a
130	130	motorcycle or moped while using a wireless communication device,
131	131	except in case of emergency. This subsection does not apply to a
132	132	person licensed by the Federal Communications Commission while
133	133	operating a radio frequency device other than a wireless
134	134	communication device.
135	135	(b-1) A person under 18 [17] years of age who holds a
136	136	restricted motorcycle license or moped license, during the 12-month
137	137	period following the issuance of an original motorcycle license or
138	138	moped license to the person, may not operate a motorcycle or moped
139	139	after midnight and before 5 a.m. unless:
140	140	(1) the person is in sight of the person's parent or
141	141	guardian; or
142	142	(2) the operation of the vehicle is necessary for the
143	143	operator to attend or participate in employment or a school-related
144	144	activity or because of a medical emergency.
145	145	SECTION 2.06. Section 729.001(a), Transportation Code, is
146	146	amended to read as follows:
147	147	(a) A person who is younger than 18 [17] years of age commits
148	148	an offense if the person operates a motor vehicle on a public road
149	149	or highway, a street or alley in a municipality, or a public beach
150	150	in violation of any traffic law of this state, including:
151	151	(1) Chapter 502, other than Section [502.282 or]
152	152	502.412;
153	153	(2) Chapter 521, other than an offense under Section
154	154	521.457;
155	155	(3) Subtitle C, other than an offense punishable by
156	156	imprisonment or by confinement in jail under Section 550.021,
157	157	550.022, 550.024, or 550.025;
158	158	(4) Chapter 601;
159	159	(5) Chapter 621;
160	160	(6) Chapter 661; and
161	161	(7) Chapter 681.
162	162	SECTION 2.07. Section 729.002, Transportation Code, is
163	163	amended to read as follows:
164	164	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
165	165	LICENSE. (a) A person who is younger than 18 [17] years of age
166	166	commits an offense if the person operates a motor vehicle without a
167	167	driver's license authorizing the operation of a motor vehicle on a:
168	168	(1) public road or highway;
169	169	(2) street or alley in a municipality; or
170	170	(3) public beach as defined by Section 729.001.
171	171	(b) An offense under this section is punishable in the same
172	172	manner as if the person was 18 [17] years of age or older and
173	173	operated a motor vehicle without a license as described by
174	174	Subsection (a), except that an offense under this section is not
175	175	punishable by confinement or imprisonment.
176	176	SECTION 2.08. The changes in law made by this article apply
177	177	only to an offense committed on or after September 1, 2020. An
178	178	offense committed before September 1, 2020, is governed by the law
179	179	in effect on the date the offense was committed, and the former law
180	180	is continued in effect for that purpose. For purposes of this
181	181	section, an offense was committed before September 1, 2020, if any
182	182	element of the offense occurred before that date.
183	183	ARTICLE 3. CRIMINAL PROCEDURES
184	184	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
185	185	amended to read as follows:
186	186	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
187	187	ADULT. (a) Notwithstanding the order of a juvenile court to
188	188	detain a person under the age of 18 [17] who has been certified to
189	189	stand trial as an adult in a certified juvenile detention facility
190	190	under Section 54.02(h), Family Code, the judge of the criminal
191	191	court having jurisdiction over the person may order the person to be
192	192	transferred to an adult facility. A child who is transferred to an
193	193	adult facility must be detained under conditions meeting the
194	194	requirements of Section 51.12, Family Code.
195	195	(b) On the 18th [17th] birthday of a person described by
196	196	Subsection (a) who is detained in a certified juvenile detention
197	197	facility under Section 54.02(h), Family Code, the judge of the
198	198	criminal court having jurisdiction over the person shall order the
199	199	person to be transferred to an adult facility.
200	200	SECTION 3.02. Article 45.0215(a), Code of Criminal
201	201	Procedure, is amended to read as follows:
202	202	(a) This article applies to a defendant who has not had the
203	203	disabilities of minority removed and [has been:
204	204	[(1) charged with an offense other than an offense
205	205	under Section 43.261, Penal Code, if the defendant is younger than
206	206	17 years of age; or
207	207	[(2) charged with an offense under Section 43.261,
208	208	Penal Code, if the defendant] is younger than 18 years of age.
209	209	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
210	210	Procedure, are amended to read as follows:
211	211	(b) A person may apply to the court in which the person was
212	212	convicted to have the conviction expunged as provided by this
213	213	article on or after the person's 18th [17th] birthday if:
214	214	(1) the person was convicted of not more than one
215	215	offense described by Section 8.07(a)(4) or (5), Penal Code, while
216	216	the person was a child; or
217	217	(2) the person was convicted only once of an offense
218	218	under Section 43.261, Penal Code.
219	219	(h) Records of a person under 18 [17] years of age relating
220	220	to a complaint may be expunged under this article if:
221	221	(1) the complaint was dismissed under Article 45.051
222	222	or 45.052 or other law; or
223	223	(2) the person was acquitted of the offense.
224	224	SECTION 3.04. Article 45.045(b), Code of Criminal
225	225	Procedure, is amended to read as follows:
226	226	(b) A capias pro fine may not be issued for an individual
227	227	convicted for an offense committed before the individual's 18th
228	228	[17th] birthday unless:
229	229	(1) the individual is 18 [17] years of age or older;
230	230	(2) the court finds that the issuance of the capias pro
231	231	fine is justified after considering:
232	232	(A) the sophistication and maturity of the
233	233	individual;
234	234	(B) the criminal record and history of the
235	235	individual; and
236	236	(C) the reasonable likelihood of bringing about
237	237	the discharge of the judgment through the use of procedures and
238	238	services currently available to the court; and
239	239	(3) the court has proceeded under Article 45.050 to
240	240	compel the individual to discharge the judgment.
241	241	SECTION 3.05. Article 45.0492(a), Code of Criminal
242	242	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
243	243	Legislature, Regular Session, 2011, is amended to read as follows:
244	244	(a) This article applies only to a defendant younger than 18
245	245	[17] years of age who is assessed a fine or costs for a Class C
246	246	misdemeanor occurring in a building or on the grounds of the primary
247	247	or secondary school at which the defendant was enrolled at the time
248	248	of the offense.
249	249	SECTION 3.06. Article 45.0492(a), Code of Criminal
250	250	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
251	251	Legislature, Regular Session, 2011, is amended to read as follows:
252	252	(a) This article applies only to a defendant younger than 18
253	253	[17] years of age who is assessed a fine or costs for a Class C
254	254	misdemeanor.
255	255	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
256	256	Criminal Procedure, are amended to read as follows:
257	257	(d) A justice or municipal court may hold a person in
258	258	contempt and impose a remedy authorized by Subsection (c)(2) if:
259	259	(1) the person was convicted for an offense committed
260	260	before the person's 18th [17th] birthday;
261	261	(2) the person failed to obey the order while the
262	262	person was 18 [17] years of age or older; and
263	263	(3) the failure to obey occurred under circumstances
264	264	that constitute contempt of court.
265	265	(e) A justice or municipal court may hold a person in
266	266	contempt and impose a remedy authorized by Subsection (c)(2) if the
267	267	person, while younger than 18 [17] years of age, engaged in conduct
268	268	in contempt of an order issued by the justice or municipal court,
269	269	but contempt proceedings could not be held before the person's 18th
270	270	[17th] birthday.
271	271	(g) A justice or municipal court may not refer a child who
272	272	violates a court order while 18 [17] years of age or older to a
273	273	juvenile court for delinquency proceedings for contempt of court.
274	274	SECTION 3.08. Article 45.057(h), Code of Criminal
275	275	Procedure, is amended to read as follows:
276	276	(h) A child and parent required to appear before the court
277	277	have an obligation to provide the court in writing with the current
278	278	address and residence of the child. The obligation does not end
279	279	when the child reaches age 18 [17]. On or before the seventh day
280	280	after the date the child or parent changes residence, the child or
281	281	parent shall notify the court of the current address in the manner
282	282	directed by the court. A violation of this subsection may result in
283	283	arrest and is a Class C misdemeanor. The obligation to provide
284	284	notice terminates on discharge and satisfaction of the judgment or
285	285	final disposition not requiring a finding of guilt.
286	286	SECTION 3.09. Article 45.058(h), Code of Criminal
287	287	Procedure, is amended to read as follows:
288	288	(h) In this article, "child" means a person who is:
289	289	(1) at least 10 years of age and younger than 18 [17]
290	290	years of age; and
291	291	(2) charged with or convicted of an offense that a
292	292	justice or municipal court has jurisdiction of under Article 4.11
293	293	or 4.14.
294	294	SECTION 3.10. Article 45.059(a), Code of Criminal
295	295	Procedure, is amended to read as follows:
296	296	(a) A peace officer taking into custody a person younger
297	297	than 18 [17] years of age for violation of a juvenile curfew
298	298	ordinance of a municipality or order of the commissioners court of a
299	299	county shall, without unnecessary delay:
300	300	(1) release the person to the person's parent,
301	301	guardian, or custodian;
302	302	(2) take the person before a justice or municipal
303	303	court to answer the charge; or
304	304	(3) take the person to a place designated as a juvenile
305	305	curfew processing office by the head of the law enforcement agency
306	306	having custody of the person.
307	307	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
308	308	Criminal Procedure, are amended to read as follows:
309	309	(a) Except as provided by Articles 45.058 and 45.059, an
310	310	individual may not be taken into secured custody for offenses
311	311	alleged to have occurred before the individual's 18th [17th]
312	312	birthday.
313	313	(b) On or after an individual's 18th [17th] birthday, if the
314	314	court has used all available procedures under this chapter to
315	315	secure the individual's appearance to answer allegations made
316	316	before the individual's 18th [17th] birthday, the court may issue a
317	317	notice of continuing obligation to appear by personal service or by
318	318	mail to the last known address and residence of the individual. The
319	319	notice must order the individual to appear at a designated time,
320	320	place, and date to answer the allegations detailed in the notice.
321	321	(e) A notice of continuing obligation to appear issued under
322	322	this article must contain the following statement provided in
323	323	boldfaced type or capital letters:
324	324	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
325	325	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
326	326	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
327	327	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
328	328	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
329	329	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
330	330	FOR YOUR ARREST."
331	331	SECTION 3.12. Article 62.001(6), Code of Criminal
332	332	Procedure, is amended to read as follows:
333	333	(6) "Sexually violent offense" means any of the
334	334	following offenses committed by a person 18 [17] years of age or
335	335	older:
336	336	(A) an offense under Section 21.02 (Continuous
337	337	sexual abuse of young child or children), 21.11(a)(1) (Indecency
338	338	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
339	339	sexual assault), Penal Code;
340	340	(B) an offense under Section 43.25 (Sexual
341	341	performance by a child), Penal Code;
342	342	(C) an offense under Section 20.04(a)(4)
343	343	(Aggravated kidnapping), Penal Code, if the defendant committed the
344	344	offense with intent to violate or abuse the victim sexually;
345	345	(D) an offense under Section 30.02 (Burglary),
346	346	Penal Code, if the offense is punishable under Subsection (d) of
347	347	that section and the defendant committed the offense with intent to
348	348	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
349	349	or
350	350	(E) an offense under the laws of another state,
351	351	federal law, the laws of a foreign country, or the Uniform Code of
352	352	Military Justice if the offense contains elements that are
353	353	substantially similar to the elements of an offense listed under
354	354	Paragraph (A), (B), (C), or (D).
355	355	SECTION 3.13. Article 62.351(a), Code of Criminal
356	356	Procedure, is amended to read as follows:
357	357	(a) During or after disposition of a case under Section
358	358	54.04, Family Code, for adjudication of an offense for which
359	359	registration is required under this chapter, the juvenile court on
360	360	motion of the respondent shall conduct a hearing to determine
361	361	whether the interests of the public require registration under this
362	362	chapter. The motion may be filed and the hearing held regardless of
363	363	whether the respondent is under 19 [18] years of age. Notice of the
364	364	motion and hearing shall be provided to the prosecuting attorney.
365	365	SECTION 3.14. Article 62.352(c), Code of Criminal
366	366	Procedure, is amended to read as follows:
367	367	(c) If the court enters an order described by Subsection
368	368	(b)(1), the court retains discretion and jurisdiction to require,
369	369	or exempt the respondent from, registration under this chapter at
370	370	any time during the treatment or on the successful or unsuccessful
371	371	completion of treatment, except that during the period of deferral,
372	372	registration may not be required. Following successful completion
373	373	of treatment, the respondent is exempted from registration under
374	374	this chapter unless a hearing under this subchapter is held on
375	375	motion of the prosecuting attorney, regardless of whether the
376	376	respondent is 19 [18] years of age or older, and the court
377	377	determines the interests of the public require registration. Not
378	378	later than the 10th day after the date of the respondent's
379	379	successful completion of treatment, the treatment provider shall
380	380	notify the juvenile court and prosecuting attorney of the
381	381	completion.
382	382	SECTION 3.15. Article 62.353(b), Code of Criminal
383	383	Procedure, is amended to read as follows:
384	384	(b) The person may file a motion under Subsection (a) in the
385	385	original juvenile case regardless of whether the person, at the
386	386	time of filing the motion, is 19 [18] years of age or older. Notice
387	387	of the motion shall be provided to the prosecuting attorney. A
388	388	hearing on the motion shall be provided as in other cases under this
389	389	subchapter.
390	390	SECTION 3.16. Section 37.085, Education Code, is amended to
391	391	read as follows:
392	392	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
393	393	MISDEMEANORS. Notwithstanding any other provision of law, a
394	394	warrant may not be issued for the arrest of a person for a Class C
395	395	misdemeanor under this code committed when the person was younger
396	396	than 18 [17] years of age.
397	397	SECTION 3.17. Section 153.0071(e-1), Family Code, is
398	398	amended to read as follows:
399	399	(e-1) Notwithstanding Subsections (d) and (e), a court may
400	400	decline to enter a judgment on a mediated settlement agreement if
401	401	the court finds:
402	402	(1) that:
403	403	(A) a party to the agreement was a victim of
404	404	family violence, and that circumstance impaired the party's ability
405	405	to make decisions; or
406	406	(B) the agreement would permit a person who is
407	407	subject to registration under Chapter 62, Code of Criminal
408	408	Procedure, on the basis of an offense committed by the person when
409	409	the person was 18 [17] years of age or older or who otherwise has a
410	410	history or pattern of past or present physical or sexual abuse
411	411	directed against any person to:
412	412	(i) reside in the same household as the
413	413	child; or
414	414	(ii) otherwise have unsupervised access to
415	415	the child; and
416	416	(2) that the agreement is not in the child's best
417	417	interest.
418	418	SECTION 3.18. Section 521.453(i), Transportation Code, is
419	419	amended to read as follows:
420	420	(i) If the person ordered to perform community service under
421	421	Subsection (h) is younger than 18 [17] years of age, the community
422	422	service shall be performed as if ordered by a juvenile court under
423	423	Section 54.044(a), Family Code, as a condition of probation under
424	424	Section 54.04(d), Family Code.
425	425	SECTION 3.19. (a) Except as provided by Subsection (b) of
426	426	this section, the changes in law made by this article apply only to
427	427	an offense committed on or after September 1, 2020. An offense
428	428	committed before September 1, 2020, is governed by the law in effect
429	429	on the date the offense was committed, and the former law is
430	430	continued in effect for that purpose.
431	431	(b) Articles 45.0216(b) and (h), Code of Criminal
432	432	Procedure, as amended by this article, apply only to the expunction
433	433	of certain records related to an offense committed on or after
434	434	September 1, 2020. The expunction of certain records related to an
435	435	offense committed before September 1, 2020, is governed by the law
436	436	in effect on the date the offense was committed, and the former law
437	437	is continued in effect for that purpose.
438	438	(c) For purposes of this section, an offense was committed
439	439	before September 1, 2020, if any element of the offense occurred
440	440	before that date.
441	441	ARTICLE 4. JUVENILE COURT PROCEDURES
442	442	SECTION 4.01. Section 51.041, Family Code, is amended to
443	443	read as follows:
444	444	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
445	445	retains jurisdiction over a person, without regard to the age of the
446	446	person, for conduct engaged in by the person before becoming 18 [17]
447	447	years of age if, as a result of an appeal by the person or the state
448	448	under Chapter 56 of an order of the court, the order is reversed or
449	449	modified and the case remanded to the court by the appellate court.
450	450	(b) If the respondent is at least 18 years of age when the
451	451	order of remand from the appellate court is received by the juvenile
452	452	court, the juvenile court shall proceed as provided by Sections
453	453	54.02(o)-(r) for the detention of a person at least 19 [18] years of
454	454	age in discretionary transfer proceedings. Pending retrial of the
455	455	adjudication or transfer proceeding, the juvenile court may:
456	456	(1) order the respondent released from custody;
457	457	(2) order the respondent detained in a juvenile
458	458	detention facility; or
459	459	(3) set bond and order the respondent detained in a
460	460	county adult facility if bond is not made.
461	461	SECTION 4.02. Section 51.0412, Family Code, is amended to
462	462	read as follows:
463	463	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
464	464	The court retains jurisdiction over a person, without regard to the
465	465	age of the person, who is a respondent in an adjudication
466	466	proceeding, a disposition proceeding, a proceeding to modify
467	467	disposition, a proceeding for waiver of jurisdiction and transfer
468	468	to criminal court under Section 54.02(a), or a motion for transfer
469	469	of determinate sentence probation to an appropriate district court
470	470	if:
471	471	(1) the petition or motion was filed while the
472	472	respondent was younger than 19 or 20 [18 or 19] years of age, as
473	473	applicable;
474	474	(2) the proceeding is not complete before the
475	475	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
476	476	and
477	477	(3) the court enters a finding in the proceeding that
478	478	the prosecuting attorney exercised due diligence in an attempt to
479	479	complete the proceeding before the respondent became 19 or 20 [18 or
480	480	19] years of age, as applicable.
481	481	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
482	482	amended to read as follows:
483	483	(f) A child detained in a building that contains a jail,
484	484	lockup, or other place of secure confinement, including an alcohol
485	485	or other drug treatment facility, shall be separated by sight and
486	486	sound from adults detained in the same building. Children and
487	487	adults are separated by sight and sound only if they are unable to
488	488	see each other and conversation between them is not possible. The
489	489	separation must extend to all areas of the facility, including
490	490	sally ports and passageways, and those areas used for admission,
491	491	counseling, sleeping, toileting, showering, dining, recreational,
492	492	educational, or vocational activities, and health care. The
493	493	separation may be accomplished through architectural design. A
494	494	person who has been transferred for prosecution in criminal court
495	495	under Section 54.02 and is under 18 [17] years of age is considered
496	496	a child for the purposes of this subsection.
497	497	(h) This section does not apply to a person:
498	498	(1) who has been transferred to criminal court for
499	499	prosecution under Section 54.02 and is at least 18 [17] years of
500	500	age; or
501	501	(2) who is at least 18 [17] years of age and who has
502	502	been taken into custody after having:
503	503	(A) escaped from a juvenile facility operated by
504	504	or under contract with the Texas Juvenile Justice Department; or
505	505	(B) violated a condition of release under
506	506	supervision of the department.
507	507	SECTION 4.04. Sections 54.02(j) and (n), Family Code, are
508	508	amended to read as follows:
509	509	(j) Except as provided by Subsection (m-1), the [The]
510	510	juvenile court may waive its exclusive original jurisdiction and
511	511	transfer a person to the appropriate district court or criminal
512	512	district court for criminal proceedings if:
513	513	(1) the person is 19 [18] years of age or older;
514	514	(2) the person was:
515	515	(A) 10 years of age or older and under 17 years of
516	516	age at the time the person is alleged to have committed a capital
517	517	felony or an offense under Section 19.02, Penal Code;
518	518	(B) 14 years of age or older and under 18 [17]
519	519	years of age at the time the person is alleged to have committed an
520	520	aggravated controlled substance felony or a felony of the first
521	521	degree other than an offense under Section 19.02, Penal Code; or
522	522	(C) 15 years of age or older and under 18 [17]
523	523	years of age at the time the person is alleged to have committed a
524	524	felony of the second or third degree or a state jail felony;
525	525	(3) no adjudication concerning the alleged offense has
526	526	been made or no adjudication hearing concerning the offense has
527	527	been conducted;
528	528	(4) the juvenile court finds from a preponderance of
529	529	the evidence that:
530	530	(A) for a reason beyond the control of the state
531	531	it was not practicable to proceed in juvenile court before the 19th
532	532	[18th] birthday of the person; or
533	533	(B) after due diligence of the state it was not
534	534	practicable to proceed in juvenile court before the 19th [18th]
535	535	birthday of the person because:
536	536	(i) the state did not have probable cause to
537	537	proceed in juvenile court and new evidence has been found since the
538	538	19th [18th] birthday of the person;
539	539	(ii) the person could not be found; or
540	540	(iii) a previous transfer order was
541	541	reversed by an appellate court or set aside by a district court; and
542	542	(5) the juvenile court determines that there is
543	543	probable cause to believe that the child before the court committed
544	544	the offense alleged.
545	545	(n) A mandatory transfer under Subsection (m) or (m-1) may
546	546	be made without conducting the study required in discretionary
547	547	transfer proceedings by Subsection (d). The requirements of
548	548	Subsection (b) that the summons state that the purpose of the
549	549	hearing is to consider discretionary transfer to criminal court
550	550	does not apply to a transfer proceeding under Subsection (m) or
551	551	(m-1). In a proceeding under Subsection (m) or (m-1), it is
552	552	sufficient that the summons provide fair notice that the purpose of
553	553	the hearing is to consider mandatory transfer to criminal court.
554	554	SECTION 4.05. Section 54.0326(b), Family Code, is amended
555	555	to read as follows:
556	556	(b) A juvenile court may defer adjudication proceedings
557	557	under Section 54.03 until the child's 19th [18th] birthday and
558	558	require a child to participate in a program established under
559	559	Section 152.0017, Human Resources Code, if the child:
560	560	(1) is alleged to have engaged in delinquent conduct
561	561	or conduct indicating a need for supervision and may be a victim of
562	562	conduct that constitutes an offense under Section 20A.02, Penal
563	563	Code; and
564	564	(2) presents to the court an oral or written request to
565	565	participate in the program.
566	566	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
567	567	are amended to read as follows:
568	568	(e) The Texas Juvenile Justice Department shall accept a
569	569	person properly committed to it by a juvenile court even though the
570	570	person may be 18 [17] years of age or older at the time of
571	571	commitment.
572	572	(l) Except as provided by Subsection (q), a court or jury
573	573	may place a child on probation under Subsection (d)(1) for any
574	574	period, except that probation may not continue on or after the
575	575	child's 19th [18th] birthday. Except as provided by Subsection
576	576	(q), the court may, before the period of probation ends, extend the
577	577	probation for any period, except that the probation may not extend
578	578	to or after the child's 19th [18th] birthday.
579	579	(q) If a court or jury sentences a child to commitment in the
580	580	Texas Juvenile Justice Department [or a post-adjudication secure
581	581	correctional facility] under Subsection (d)(3) for a term of not
582	582	more than 10 years, the court or jury may place the child on
583	583	probation under Subsection (d)(1) as an alternative to making the
584	584	disposition under Subsection (d)(3). The court shall prescribe
585	585	the period of probation ordered under this subsection for a term of
586	586	not more than 10 years. The court may, before the sentence of
587	587	probation expires, extend the probationary period under Section
588	588	54.05, except that the sentence of probation and any extension may
589	589	not exceed 10 years. The court may, before the child's 20th [19th]
590	590	birthday, discharge the child from the sentence of probation. If a
591	591	sentence of probation ordered under this subsection and any
592	592	extension of probation ordered under Section 54.05 will continue
593	593	after the child's 20th [19th] birthday, the court shall discharge
594	594	the child from the sentence of probation on the child's 20th [19th]
595	595	birthday unless the court transfers the child to an appropriate
596	596	district court under Section 54.051.
597	597	SECTION 4.07. Section 54.0405(i), Family Code, is amended
598	598	to read as follows:
599	599	(i) A court that requires as a condition of probation that a
600	600	child attend psychological counseling under Subsection (a) may,
601	601	before the date the probation period ends, extend the probation for
602	602	any additional period necessary to complete the required counseling
603	603	as determined by the treatment provider, except that the probation
604	604	may not be extended to a date after the date of the child's 19th
605	605	[18th] birthday, or 20th [19th] birthday if the child is placed on
606	606	determinate sentence probation under Section 54.04(q).
607	607	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
608	608	amended to read as follows:
609	609	(b) If a child is found to have engaged in delinquent
610	610	conduct or conduct indicating a need for supervision arising from
611	611	the commission of an offense in which property damage or loss or
612	612	personal injury occurred, the juvenile court, on notice to all
613	613	persons affected and on hearing, may order the child or a parent to
614	614	make full or partial restitution to the victim of the offense. The
615	615	program of restitution must promote the rehabilitation of the
616	616	child, be appropriate to the age and physical, emotional, and
617	617	mental abilities of the child, and not conflict with the child's
618	618	schooling. When practicable and subject to court supervision, the
619	619	court may approve a restitution program based on a settlement
620	620	between the child and the victim of the offense. An order under
621	621	this subsection may provide for periodic payments by the child or a
622	622	parent of the child for the period specified in the order but except
623	623	as provided by Subsection (h), that period may not extend past the
624	624	date of the 19th [18th] birthday of the child or past the date the
625	625	child is no longer enrolled in an accredited secondary school in a
626	626	program leading toward a high school diploma, whichever date is
627	627	later.
628	628	(h) If the juvenile court places the child on probation in a
629	629	determinate sentence proceeding initiated under Section 53.045 and
630	630	transfers supervision on the child's 20th [19th] birthday to a
631	631	district court for placement on community supervision, the district
632	632	court shall require the payment of any unpaid restitution as a
633	633	condition of the community supervision. The liability of the
634	634	child's parent for restitution may not be extended by transfer to a
635	635	district court for supervision.
636	636	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
637	637	amended to read as follows:
638	638	(a) Any [Except as provided by Subsection (a-1), any]
639	639	disposition, except a commitment to the Texas Juvenile Justice
640	640	Department, may be modified by the juvenile court as provided in
641	641	this section until:
642	642	(1) the child reaches:
643	643	(A) the child's 19th [18th] birthday; or
644	644	(B) the child's 20th [19th] birthday, if the
645	645	child was placed on determinate sentence probation under Section
646	646	54.04(q); or
647	647	(2) the child is earlier discharged by the court or
648	648	operation of law.
649	649	(b) Except for a commitment to the Texas Juvenile Justice
650	650	Department or to a post-adjudication secure correctional facility
651	651	under former Section 54.04011 or a placement on determinate
652	652	sentence probation under Section 54.04(q), all dispositions
653	653	automatically terminate when the child reaches the child's 19th
654	654	[18th] birthday.
655	655	SECTION 4.10. Section 54.051, Family Code, is amended by
656	656	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
657	657	Subsection (j) to read as follows:
658	658	(a) On motion of the state concerning a child who is placed
659	659	on probation under Section 54.04(q) for a period, including any
660	660	extension ordered under Section 54.05, that will continue after the
661	661	child's applicable [19th] birthday, the juvenile court shall hold a
662	662	hearing to determine whether to transfer the child to an
663	663	appropriate district court or discharge the child from the sentence
664	664	of probation.
665	665	(b) The hearing must be conducted before the person's
666	666	applicable [19th] birthday[, or before the person's 18th birthday
667	667	if the offense for which the person was placed on probation occurred
668	668	before September 1, 2011,] and must be conducted in the same manner
669	669	as a hearing to modify disposition under Section 54.05.
670	670	(c) If, after a hearing, the court determines to discharge
671	671	the child, the court shall specify a date on or before the child's
672	672	applicable [19th] birthday to discharge the child from the
673	673	sentence of probation.
674	674	(d) If, after a hearing, the court determines to transfer
675	675	the child, the court shall transfer the child to an appropriate
676	676	district court on the child's applicable [19th] birthday.
677	677	(e-2) If a person who is placed on community supervision
678	678	under this section violates a condition of that supervision or if
679	679	the person violated a condition of probation ordered under Section
680	680	54.04(q) and that probation violation was not discovered by the
681	681	state before the person's 20th [19th] birthday, the district court
682	682	shall dispose of the violation of community supervision or
683	683	probation, as appropriate, in the same manner as if the court had
684	684	originally exercised jurisdiction over the case. If the judge
685	685	revokes community supervision, the judge may reduce the prison
686	686	sentence to any length without regard to the minimum term imposed by
687	687	Article 42A.755(a), Code of Criminal Procedure.
688	688	(i) If the juvenile court exercises jurisdiction over a
689	689	person on or after the person's [who is 18 or 19 years of age or
690	690	older, as] applicable birthday, under Section 51.041 or 51.0412,
691	691	the court or jury may, if the person is otherwise eligible, place
692	692	the person on probation under Section 54.04(q). The juvenile court
693	693	shall set the conditions of probation and immediately transfer
694	694	supervision of the person to the appropriate court exercising
695	695	criminal jurisdiction under Subsection (e).
696	696	(j) In this section, "applicable birthday" means the
697	697	person's:
698	698	(1) 18th birthday, if the conduct for which the person
699	699	was placed on probation occurred before September 1, 2011;
700	700	(2) 19th birthday, if the conduct for which the person
701	701	was placed on probation occurred on or after September 1, 2011, but
702	702	before September 1, 2020; or
703	703	(3) 20th birthday, if the conduct for which the person
704	704	was placed on probation occurred on or after September 1, 2020.
705	705	SECTION 4.11. Section 54.11(l), Family Code, is amended to
706	706	read as follows:
707	707	(l) Pending the conclusion of a transfer hearing, the
708	708	juvenile court shall order that the person who is referred for
709	709	transfer be detained in a certified juvenile detention facility as
710	710	provided by Subsection (m). If the person is at least 18 [17] years
711	711	of age, the juvenile court may order that the person be detained
712	712	without bond in an appropriate county facility for the detention of
713	713	adults accused of criminal offenses.
714	714	SECTION 4.12. Section 55.15, Family Code, is amended to
715	715	read as follows:
716	716	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
717	717	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
718	718	which the child's case is referred under Section 55.12(2) orders
719	719	mental health services for the child, the child shall be cared for,
720	720	treated, and released in conformity to Subtitle C, Title 7, Health
721	721	and Safety Code, except:
722	722	(1) a court order for mental health services for a
723	723	child automatically expires on the 120th day after the date the
724	724	child becomes 19 [18] years of age; and
725	725	(2) the administrator of a mental health facility
726	726	shall notify, in writing, by certified mail, return receipt
727	727	requested, the juvenile court that ordered mental health services
728	728	or the juvenile court that referred the case to a court that ordered
729	729	the mental health services of the intent to discharge the child at
730	730	least 10 days prior to discharge.
731	731	SECTION 4.13. Section 55.18, Family Code, is amended to
732	732	read as follows:
733	733	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
734	734	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
735	735	mental health facility before reaching 19 [18] years of age, the
736	736	juvenile court may:
737	737	(1) dismiss the juvenile court proceedings with
738	738	prejudice; or
739	739	(2) continue with proceedings under this title as
740	740	though no order of mental health services had been made.
741	741	SECTION 4.14. The heading to Section 55.19, Family Code, is
742	742	amended to read as follows:
743	743	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
744	744	BIRTHDAY.
745	745	SECTION 4.15. Section 55.19(a), Family Code, is amended to
746	746	read as follows:
747	747	(a) The juvenile court shall transfer all pending
748	748	proceedings from the juvenile court to a criminal court on the 19th
749	749	[18th] birthday of a child for whom the juvenile court or a court to
750	750	which the child's case is referred under Section 55.12(2) has
751	751	ordered inpatient mental health services if:
752	752	(1) the child is not discharged or furloughed from the
753	753	inpatient mental health facility before reaching 19 [18] years of
754	754	age; and
755	755	(2) the child is alleged to have engaged in delinquent
756	756	conduct that included a violation of a penal law listed in Section
757	757	53.045 and no adjudication concerning the alleged conduct has been
758	758	made.
759	759	SECTION 4.16. Section 55.43(a), Family Code, is amended to
760	760	read as follows:
761	761	(a) The prosecuting attorney may file with the juvenile
762	762	court a motion for a restoration hearing concerning a child if:
763	763	(1) the child is found unfit to proceed as a result of
764	764	mental illness or an intellectual disability; and
765	765	(2) the child:
766	766	(A) is not:
767	767	(i) ordered by a court to receive inpatient
768	768	mental health services;
769	769	(ii) committed by a court to a residential
770	770	care facility; or
771	771	(iii) ordered by a court to receive
772	772	treatment on an outpatient basis; or
773	773	(B) is discharged or currently on furlough from a
774	774	mental health facility or outpatient center before the child
775	775	reaches 19 [18] years of age.
776	776	SECTION 4.17. The heading to Section 55.44, Family Code, is
777	777	amended to read as follows:
778	778	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
779	779	BIRTHDAY OF CHILD.
780	780	SECTION 4.18. Section 55.44(a), Family Code, is amended to
781	781	read as follows:
782	782	(a) The juvenile court shall transfer all pending
783	783	proceedings from the juvenile court to a criminal court on the 19th
784	784	[18th] birthday of a child for whom the juvenile court or a court to
785	785	which the child's case is referred has ordered inpatient mental
786	786	health services or residential care for persons with an
787	787	intellectual disability if:
788	788	(1) the child is not discharged or currently on
789	789	furlough from the facility before reaching 19 [18] years of age; and
790	790	(2) the child is alleged to have engaged in delinquent
791	791	conduct that included a violation of a penal law listed in Section
792	792	53.045 and no adjudication concerning the alleged conduct has been
793	793	made.
794	794	SECTION 4.19. The heading to Section 56.03, Family Code, is
795	795	amended to read as follows:
796	796	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
797	797	FOR DETERMINATE SENTENCE].
798	798	SECTION 4.20. Section 56.03(b), Family Code, is amended to
799	799	read as follows:
800	800	(b) The state is entitled to appeal an order of a court:
801	801	(1) in a juvenile case in which the grand jury has
802	802	approved of the petition under Section 53.045 if the order:
803	803	(A) [(1)] dismisses a petition or any portion of
804	804	a petition;
805	805	(B) [(2)] arrests or modifies a judgment;
806	806	(C) [(3)] grants a new trial;
807	807	(D) [(4)] sustains a claim of former jeopardy; or
808	808	(E) [(5)] grants a motion to suppress evidence, a
809	809	confession, or an admission and if:
810	810	(i) [(A)] jeopardy has not attached in the
811	811	case;
812	812	(ii) [(B)] the prosecuting attorney
813	813	certifies to the trial court that the appeal is not taken for the
814	814	purpose of delay; and
815	815	(iii) [(C)] the evidence, confession, or
816	816	admission is of substantial importance in the case; or
817	817	(2) if the order denies the transfer of the child under
818	818	Section 54.02 to criminal court for prosecution as an adult.
819	819	SECTION 4.21. Section 58.0052(a)(3), Family Code, is
820	820	amended to read as follows:
821	821	(3) "Multi-system youth" means a person who:
822	822	(A) is younger than 20 [19] years of age; and
823	823	(B) has received services from two or more
824	824	juvenile service providers.
825	825	SECTION 4.22. Section 58.253(b), Family Code, is amended to
826	826	read as follows:
827	827	(b) A person who was referred to a juvenile probation
828	828	department for delinquent conduct is entitled to have all records
829	829	related to the person's juvenile matters, including records
830	830	relating to any matters involving conduct indicating a need for
831	831	supervision, sealed without applying to the juvenile court if the
832	832	person:
833	833	(1) is at least 20 [19] years of age;
834	834	(2) has not been adjudicated as having engaged in
835	835	delinquent conduct or, if adjudicated for delinquent conduct, was
836	836	not adjudicated for delinquent conduct violating a penal law of the
837	837	grade of felony;
838	838	(3) does not have any pending delinquent conduct
839	839	matters;
840	840	(4) has not been transferred by a juvenile court to a
841	841	criminal court for prosecution under Section 54.02;
842	842	(5) has not as an adult been convicted of a felony or a
843	843	misdemeanor punishable by confinement in jail; and
844	844	(6) does not have any pending charges as an adult for a
845	845	felony or a misdemeanor punishable by confinement in jail.
846	846	SECTION 4.23. Section 58.255(a), Family Code, is amended to
847	847	read as follows:
848	848	(a) A person who was referred to a juvenile probation
849	849	department for conduct indicating a need for supervision is
850	850	entitled to have all records related to all conduct indicating a
851	851	need for supervision matters sealed without applying to the
852	852	juvenile court if the person:
853	853	(1) is at least 19 [18] years of age;
854	854	(2) has not been referred to the juvenile probation
855	855	department for delinquent conduct;
856	856	(3) has not as an adult been convicted of a felony; and
857	857	(4) does not have any pending charges as an adult for a
858	858	felony or a misdemeanor punishable by confinement in jail.
859	859	SECTION 4.24. Section 58.256(c), Family Code, is amended to
860	860	read as follows:
861	861	(c) Except as provided by Subsection (d), the juvenile court
862	862	may order the sealing of records related to all matters for which
863	863	the person was referred to the juvenile probation department if the
864	864	person:
865	865	(1) is at least 19 [18] years of age, or is younger
866	866	than 19 [18] years of age and at least two years have elapsed after
867	867	the date of final discharge in each matter for which the person was
868	868	referred to the juvenile probation department;
869	869	(2) does not have any delinquent conduct matters
870	870	pending with any juvenile probation department or juvenile court;
871	871	(3) was not transferred by a juvenile court to a
872	872	criminal court for prosecution under Section 54.02;
873	873	(4) has not as an adult been convicted of a felony; and
874	874	(5) does not have any pending charges as an adult for a
875	875	felony or a misdemeanor punishable by confinement in jail.
876	876	SECTION 4.25. Section 58.264(b), Family Code, is amended to
877	877	read as follows:
878	878	(b) The records related to a person referred to a juvenile
879	879	probation department may be destroyed if the person:
880	880	(1) is at least 19 [18] years of age, and:
881	881	(A) the most serious conduct for which the person
882	882	was referred was conduct indicating a need for supervision, whether
883	883	or not the person was adjudicated; or
884	884	(B) the referral or information did not relate to
885	885	conduct indicating a need for supervision or delinquent conduct and
886	886	the juvenile probation department, prosecutor, or juvenile court
887	887	did not take action on the referral or information for that reason;
888	888	(2) is at least 21 years of age, and:
889	889	(A) the most serious conduct for which the person
890	890	was adjudicated was delinquent conduct that violated a penal law of
891	891	the grade of misdemeanor; or
892	892	(B) the most serious conduct for which the person
893	893	was referred was delinquent conduct and the person was not
894	894	adjudicated as having engaged in the conduct; or
895	895	(3) is at least 31 years of age and the most serious
896	896	conduct for which the person was adjudicated was delinquent conduct
897	897	that violated a penal law of the grade of felony.
898	898	SECTION 4.26. Section 59.005(b), Family Code, is amended to
899	899	read as follows:
900	900	(b) The juvenile court or the probation department shall
901	901	discharge the child from the custody of the probation department on
902	902	the date the provisions of this section are met or on the child's
903	903	19th [18th] birthday, whichever is earlier.
904	904	SECTION 4.27. Section 59.006(b), Family Code, is amended to
905	905	read as follows:
906	906	(b) The juvenile court shall discharge the child from the
907	907	custody of the probation department on the date the provisions of
908	908	this section are met or on the child's 19th [18th] birthday,
909	909	whichever is earlier.
910	910	SECTION 4.28. Section 59.007(b), Family Code, is amended to
911	911	read as follows:
912	912	(b) The juvenile court shall discharge the child from the
913	913	custody of the probation department on the date the provisions of
914	914	this section are met or on the child's 19th [18th] birthday,
915	915	whichever is earlier.
916	916	SECTION 4.29. Section 59.008(b), Family Code, is amended to
917	917	read as follows:
918	918	(b) The juvenile court shall discharge the child from the
919	919	custody of the probation department on the date the provisions of
920	920	this section are met or on the child's 19th [18th] birthday,
921	921	whichever is earlier.
922	922	SECTION 4.30. Section 59.009(c), Family Code, is amended to
923	923	read as follows:
924	924	(c) The Texas Juvenile Justice Department, juvenile board,
925	925	or local juvenile probation department may discharge the child from
926	926	the custody of the department, board, or probation department, as
927	927	applicable, on the date the provisions of this section are met or on
928	928	the child's 20th [19th] birthday, whichever is earlier.
929	929	SECTION 4.31. Section 61.051(c), Family Code, is amended to
930	930	read as follows:
931	931	(c) The juvenile court retains jurisdiction to enter a
932	932	contempt order if the motion for enforcement is filed not later than
933	933	six months after the child's 19th [18th] birthday.
934	934	SECTION 4.32. Section 614.019(b), Health and Safety Code,
935	935	is amended to read as follows:
936	936	(b) A child with mental illness who is receiving continuity
937	937	of care services during parole from the Texas Juvenile Justice
938	938	Department and who is no longer eligible to receive services from a
939	939	local mental health authority when the child becomes 18 [17] years
940	940	of age because the child does not meet the requirements of a local
941	941	service area plan under Section 533.0352(a) may continue to receive
942	942	continuity of care services from the office until the child
943	943	completes the child's parole.
944	944	SECTION 4.33. Section 63.001(1), Human Resources Code, is
945	945	amended to read as follows:
946	946	(1) "Juvenile" means a person from the age of 10 to 20
947	947	[18] years who:
948	948	(A) has been found to have engaged in delinquent
949	949	conduct by a juvenile court; and
950	950	(B) is under the jurisdiction of the juvenile
951	951	court [of competent jurisdiction].
952	952	SECTION 4.34. Section 152.0015, Human Resources Code, is
953	953	amended to read as follows:
954	954	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
955	955	JUVENILES. A juvenile board shall establish a policy that
956	956	specifies whether a person who has been transferred for criminal
957	957	prosecution under Section 54.02, Family Code, and is younger than
958	958	18 [17] years of age may be detained in a juvenile facility pending
959	959	trial as provided by Section 51.12, Family Code.
960	960	SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
961	961	is amended to read as follows:
962	962	(2) "Child" means an individual[:
963	963	[(A)] 10 years of age or older and younger than 20
964	964	[18] years of age who is under the jurisdiction of a juvenile
965	965	court[; or
966	966	[(B) 10 years of age or older and younger than 19
967	967	years of age who is committed to the department under Title 3,
968	968	Family Code].
969	969	SECTION 4.36. Section 243.001(a), Human Resources Code, is
970	970	amended to read as follows:
971	971	(a) The department may not assign a child younger than 16
972	972	[15] years of age to the same correctional facility dormitory as a
973	973	person who is at least 18 [17] years of age unless the department
974	974	determines that the placement is necessary to ensure the safety of
975	975	children in the custody of the department. This subsection does not
976	976	apply to a dormitory that is used exclusively for short-term
977	977	assessment and orientation purposes.
978	978	SECTION 4.37. Section 243.051(b), Human Resources Code, is
979	979	amended to read as follows:
980	980	(b) A child who is arrested or taken into custody under
981	981	Subsection (a) may be detained in any suitable place, including an
982	982	adult jail facility if the person is 18 [17] years of age or older,
983	983	until the child is returned to the custody of the department or
984	984	transported to a department facility.
985	985	SECTION 4.38. Section 244.014(a), Human Resources Code, is
986	986	amended to read as follows:
987	987	(a) After a child sentenced to commitment under Section
988	988	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
989	989	years of age but before the child becomes 20 [19] years of age, the
990	990	department may refer the child to the juvenile court that entered
991	991	the order of commitment for approval of the child's transfer to the
992	992	Texas Department of Criminal Justice for confinement if:
993	993	(1) the child has not completed the sentence; and
994	994	(2) the child's conduct, regardless of whether the
995	995	child was released under supervision under Section 245.051,
996	996	indicates that the welfare of the community requires the transfer.
997	997	SECTION 4.39. Section 244.015, Human Resources Code, is
998	998	amended to read as follows:
999	999	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
1000	1000	DETERMINATE SENTENCES. (a) When a child who is sentenced to
1001	1001	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
1002	1002	Family Code, becomes 19 [18] years of age, the department shall
1003	1003	evaluate whether the child is in need of additional services that
1004	1004	can be completed in the six-month period after the child's 19th
1005	1005	[18th] birthday to prepare the child for release from the custody of
1006	1006	the department or transfer to the Texas Department of Criminal
1007	1007	Justice.
1008	1008	(b) This section does not apply to a child who is released
1009	1009	from the custody of the department or who is transferred to the
1010	1010	Texas Department of Criminal Justice before the child's 19th [18th]
1011	1011	birthday.
1012	1012	SECTION 4.40. Section 245.053(i), Human Resources Code, is
1013	1013	amended to read as follows:
1014	1014	(i) If the department requires as a condition of release
1015	1015	that a child attend psychological counseling under Subsection (a),
1016	1016	the department may, before the date the period of release ends,
1017	1017	petition the appropriate court to request the court to extend the
1018	1018	period of release for an additional period necessary to complete
1019	1019	the required counseling as determined by the treatment provider,
1020	1020	except that the release period may not be extended to a date after
1021	1021	the date of the child's 19th [18th] birthday.
1022	1022	SECTION 4.41. Sections 245.151(d) and (e), Human Resources
1023	1023	Code, are amended to read as follows:
1024	1024	(d) Except as provided by Subsection (e), the department
1025	1025	shall discharge from its custody a person not already discharged on
1026	1026	the person's 20th [19th] birthday.
1027	1027	(e) The department shall transfer a person who has been
1028	1028	sentenced under a determinate sentence to commitment under Section
1029	1029	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1030	1030	returned to the department under Section 54.11(i)(1), Family Code,
1031	1031	to the custody of the Texas Department of Criminal Justice on the
1032	1032	person's 20th [19th] birthday, if the person has not already been
1033	1033	discharged or transferred, to serve the remainder of the person's
1034	1034	sentence on parole as provided by Section 508.156, Government Code.
1035	1035	SECTION 4.42. (a) Except as provided by Subsection (b) of
1036	1036	this section, the changes in law made by this article apply only to
1037	1037	procedures relating to conduct that occurs on or after September 1,
1038	1038	2020. Procedures relating to conduct that occurred before
1039	1039	September 1, 2020, are governed by the law in effect on the date the
1040	1040	conduct occurred, and the former law is continued in effect for that
1041	1041	purpose.
1042	1042	(b) The change in law made by this article to Section
1043	1043	58.0052, Family Code, applies to the sharing of information on or
1044	1044	after September 1, 2020, without regard to whether the information
1045	1045	was compiled before, on, or after that date.
1046	1046	(c) For purposes of this section, conduct occurred before
1047	1047	September 1, 2020, if any element of the conduct occurred before
1048	1048	that date.
1049	1049	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1050	1050	RESPONSIBILITY
1051	1051	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1052	1052	is amended to read as follows:
1053	1053	(5) "Confidential criminal record information of a
1054	1054	child" means information about a person's involvement in the
1055	1055	criminal justice system resulting from conduct that occurred or was
1056	1056	alleged to occur when the person was younger than 18 [17] years of
1057	1057	age that is confidential under Chapter 45, Code of Criminal
1058	1058	Procedure, or other law. The term does not include:
1059	1059	(A) criminal record information of a person
1060	1060	certified to stand trial as an adult for that conduct, as provided
1061	1061	by Section 54.02, Family Code; or
1062	1062	(B) information relating to a traffic offense.
1063	1063	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1064	1064	read as follows:
1065	1065	(b) If a child fails to obey an order issued by a truancy
1066	1066	court under Section 65.103(a) or a child is in direct contempt of
1067	1067	court and the child has failed to obey an order or has been found in
1068	1068	direct contempt of court on two or more previous occasions, the
1069	1069	truancy court, after providing notice and an opportunity for a
1070	1070	hearing, may refer the child to the juvenile probation department
1071	1071	as a request for truancy intervention, unless the child failed to
1072	1072	obey the truancy court order or was in direct contempt of court
1073	1073	while 18 [17] years of age or older.
1074	1074	SECTION 5.03. Section 79.001(10), Government Code, is
1075	1075	amended to read as follows:
1076	1076	(10) "Juvenile offense" means conduct committed by a
1077	1077	person while younger than 18 [17] years of age that constitutes:
1078	1078	(A) a misdemeanor punishable by confinement; or
1079	1079	(B) a felony.
1080	1080	SECTION 5.04. Section 511.009(a), Government Code, is
1081	1081	amended to read as follows:
1082	1082	(a) The commission shall:
1083	1083	(1) adopt reasonable rules and procedures
1084	1084	establishing minimum standards for the construction, equipment,
1085	1085	maintenance, and operation of county jails;
1086	1086	(2) adopt reasonable rules and procedures
1087	1087	establishing minimum standards for the custody, care, and treatment
1088	1088	of prisoners;
1089	1089	(3) adopt reasonable rules establishing minimum
1090	1090	standards for the number of jail supervisory personnel and for
1091	1091	programs and services to meet the needs of prisoners;
1092	1092	(4) adopt reasonable rules and procedures
1093	1093	establishing minimum requirements for programs of rehabilitation,
1094	1094	education, and recreation in county jails;
1095	1095	(5) revise, amend, or change rules and procedures if
1096	1096	necessary;
1097	1097	(6) provide to local government officials
1098	1098	consultation on and technical assistance for county jails;
1099	1099	(7) review and comment on plans for the construction
1100	1100	and major modification or renovation of county jails;
1101	1101	(8) require that the sheriff and commissioners of each
1102	1102	county submit to the commission, on a form prescribed by the
1103	1103	commission, an annual report on the conditions in each county jail
1104	1104	within their jurisdiction, including all information necessary to
1105	1105	determine compliance with state law, commission orders, and the
1106	1106	rules adopted under this chapter;
1107	1107	(9) review the reports submitted under Subdivision (8)
1108	1108	and require commission employees to inspect county jails regularly
1109	1109	to ensure compliance with state law, commission orders, and rules
1110	1110	and procedures adopted under this chapter;
1111	1111	(10) adopt a classification system to assist sheriffs
1112	1112	and judges in determining which defendants are low-risk and
1113	1113	consequently suitable participants in a county jail work release
1114	1114	program under Article 42.034, Code of Criminal Procedure;
1115	1115	(11) adopt rules relating to requirements for
1116	1116	segregation of classes of inmates and to capacities for county
1117	1117	jails;
1118	1118	(12) require that the chief jailer of each municipal
1119	1119	lockup submit to the commission, on a form prescribed by the
1120	1120	commission, an annual report of persons under 18 [17] years of age
1121	1121	securely detained in the lockup, including all information
1122	1122	necessary to determine compliance with state law concerning secure
1123	1123	confinement of children in municipal lockups;
1124	1124	(13) at least annually determine whether each county
1125	1125	jail is in compliance with the rules and procedures adopted under
1126	1126	this chapter;
1127	1127	(14) require that the sheriff and commissioners court
1128	1128	of each county submit to the commission, on a form prescribed by the
1129	1129	commission, an annual report of persons under 18 [17] years of age
1130	1130	securely detained in the county jail, including all information
1131	1131	necessary to determine compliance with state law concerning secure
1132	1132	confinement of children in county jails;
1133	1133	(15) schedule announced and unannounced inspections
1134	1134	of jails under the commission's jurisdiction using the risk
1135	1135	assessment plan established under Section 511.0085 to guide the
1136	1136	inspections process;
1137	1137	(16) adopt a policy for gathering and distributing to
1138	1138	jails under the commission's jurisdiction information regarding:
1139	1139	(A) common issues concerning jail
1140	1140	administration;
1141	1141	(B) examples of successful strategies for
1142	1142	maintaining compliance with state law and the rules, standards, and
1143	1143	procedures of the commission; and
1144	1144	(C) solutions to operational challenges for
1145	1145	jails;
1146	1146	(17) report to the Texas Correctional Office on
1147	1147	Offenders with Medical or Mental Impairments on a jail's compliance
1148	1148	with Article 16.22, Code of Criminal Procedure;
1149	1149	(18) adopt reasonable rules and procedures
1150	1150	establishing minimum requirements for jails to:
1151	1151	(A) determine if a prisoner is pregnant; and
1152	1152	(B) ensure that the jail's health services plan
1153	1153	addresses medical and mental health care, including nutritional
1154	1154	requirements, and any special housing or work assignment needs for
1155	1155	persons who are confined in the jail and are known or determined to
1156	1156	be pregnant;
1157	1157	(19) provide guidelines to sheriffs regarding
1158	1158	contracts between a sheriff and another entity for the provision of
1159	1159	food services to or the operation of a commissary in a jail under
1160	1160	the commission's jurisdiction, including specific provisions
1161	1161	regarding conflicts of interest and avoiding the appearance of
1162	1162	impropriety;
1163	1163	(20) adopt reasonable rules and procedures
1164	1164	establishing minimum standards for prisoner visitation that
1165	1165	provide each prisoner at a county jail with a minimum of two
1166	1166	in-person, noncontact visitation periods per week of at least 20
1167	1167	minutes duration each;
1168	1168	(21) require the sheriff of each county to:
1169	1169	(A) investigate and verify the veteran status of
1170	1170	each prisoner by using data made available from the Veterans
1171	1171	Reentry Search Service (VRSS) operated by the United States
1172	1172	Department of Veterans Affairs or a similar service; and
1173	1173	(B) use the data described by Paragraph (A) to
1174	1174	assist prisoners who are veterans in applying for federal benefits
1175	1175	or compensation for which the prisoners may be eligible under a
1176	1176	program administered by the United States Department of Veterans
1177	1177	Affairs;
1178	1178	(22) adopt reasonable rules and procedures regarding
1179	1179	visitation of a prisoner at a county jail by a guardian, as defined
1180	1180	by Section 1002.012, Estates Code, that:
1181	1181	(A) allow visitation by a guardian to the same
1182	1182	extent as the prisoner's next of kin, including placing the
1183	1183	guardian on the prisoner's approved visitors list on the guardian's
1184	1184	request and providing the guardian access to the prisoner during a
1185	1185	facility's standard visitation hours if the prisoner is otherwise
1186	1186	eligible to receive visitors; and
1187	1187	(B) require the guardian to provide the sheriff
1188	1188	with letters of guardianship issued as provided by Section
1189	1189	1106.001, Estates Code, before being allowed to visit the prisoner;
1190	1190	and
1191	1191	(23) adopt reasonable rules and procedures to ensure
1192	1192	the safety of prisoners, including rules and procedures that
1193	1193	require a county jail to:
1194	1194	(A) give prisoners the ability to access a mental
1195	1195	health professional at the jail through a telemental health service
1196	1196	24 hours a day;
1197	1197	(B) give prisoners the ability to access a health
1198	1198	professional at the jail or through a telehealth service 24 hours a
1199	1199	day or, if a health professional is unavailable at the jail or
1200	1200	through a telehealth service, provide for a prisoner to be
1201	1201	transported to access a health professional; and
1202	1202	(C) if funding is available under Section
1203	1203	511.019, install automated electronic sensors or cameras to ensure
1204	1204	accurate and timely in-person checks of cells or groups of cells
1205	1205	confining at-risk individuals.
1206	1206	SECTION 5.05. Section 351.903(a), Local Government Code, is
1207	1207	amended to read as follows:
1208	1208	(a) To provide for the public safety, the commissioners
1209	1209	court of a county by order may adopt a curfew to regulate the
1210	1210	movements or actions of persons under 18 [17] years of age during
1211	1211	the period beginning one-half hour after sunset and extending until
1212	1212	one-half hour before sunrise or during school hours, or both. The
1213	1213	order applies only to the unincorporated area of the county.
1214	1214	SECTION 5.06. Section 521.201, Transportation Code, is
1215	1215	amended to read as follows:
1216	1216	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1217	1217	department may not issue any license to a person who:
1218	1218	(1) is under 15 years of age;
1219	1219	(2) is under 18 years of age unless the person complies
1220	1220	with the requirements imposed by Section 521.204;
1221	1221	(3) is shown to be addicted to the use of alcohol, a
1222	1222	controlled substance, or another drug that renders a person
1223	1223	incapable of driving;
1224	1224	(4) holds a driver's license issued by this state or
1225	1225	another state or country that is revoked, canceled, or under
1226	1226	suspension;
1227	1227	(5) has been determined by a judgment of a court to be
1228	1228	totally incapacitated or incapacitated to act as the operator of a
1229	1229	motor vehicle unless the person has, by the date of the license
1230	1230	application, been:
1231	1231	(A) restored to capacity by judicial decree; or
1232	1232	(B) released from a hospital for the mentally
1233	1233	incapacitated on a certificate by the superintendent or
1234	1234	administrator of the hospital that the person has regained
1235	1235	capacity;
1236	1236	(6) the department determines to be afflicted with a
1237	1237	mental or physical disability or disease that prevents the person
1238	1238	from exercising reasonable and ordinary control over a motor
1239	1239	vehicle while operating the vehicle on a highway, except that a
1240	1240	person may not be refused a license because of a physical defect if
1241	1241	common experience shows that the defect does not incapacitate a
1242	1242	person from safely operating a motor vehicle;
1243	1243	(7) has been reported by a court under Section
1244	1244	521.3452 for failure to appear unless the court has filed an
1245	1245	additional report on final disposition of the case; or
1246	1246	(8) has been reported by a court for failure to appear
1247	1247	or default in payment of a fine for a misdemeanor that is not
1248	1248	covered under Subdivision (7) and that is punishable by a fine only,
1249	1249	including a misdemeanor under a municipal ordinance, committed by a
1250	1250	person who was under 18 [17] years of age at the time of the alleged
1251	1251	offense, unless the court has filed an additional report on final
1252	1252	disposition of the case.
1253	1253	SECTION 5.07. Section 65.251(b), Family Code, and Section
1254	1254	521.201, Transportation Code, as amended by this article, apply
1255	1255	only to an offense committed or conduct that occurred on or after
1256	1256	September 1, 2020. An offense committed or conduct that occurred
1257	1257	before September 1, 2020, is governed by the law in effect on the
1258	1258	date the offense was committed or the conduct occurred, and the
1259	1259	former law is continued in effect for that purpose. For purposes of
1260	1260	this section, an offense was committed or conduct occurred before
1261	1261	September 1, 2020, if any element of the offense or conduct occurred
1262	1262	before that date.
1263	1263	ARTICLE 6. ADVISORY COMMITTEE
1264	1264	SECTION 6.01. (a) Not later than December 1, 2019, the
1265	1265	Texas Juvenile Justice Board shall appoint an advisory committee to
1266	1266	monitor and evaluate implementation of this Act.
1267	1267	(b) In making appointments to the advisory committee, the
1268	1268	board shall include members who are interested parties, including:
1269	1269	(1) the executive director of the Texas Juvenile
1270	1270	Justice Department or the executive director's designee;
1271	1271	(2) the director of probation services of the Texas
1272	1272	Juvenile Justice Department or the director's designee;
1273	1273	(3) the executive commissioner of the Health and Human
1274	1274	Services Commission or the executive commissioner's designee;
1275	1275	(4) one representative of county commissioners courts
1276	1276	appointed by the board;
1277	1277	(5) two juvenile court judges appointed by the board;
1278	1278	(6) seven chief juvenile probation officers appointed
1279	1279	by the board as provided by Subsection (c) of this section;
1280	1280	(7) juvenile prosecutors;
1281	1281	(8) juvenile defense attorneys;
1282	1282	(9) juvenile justice advocates; and
1283	1283	(10) individuals who were adjudicated for juvenile
1284	1284	offenses in this state or who were prosecuted as adults for offenses
1285	1285	committed when they were 17 years old, or their family members.
1286	1286	(c) The board shall appoint to the advisory committee one
1287	1287	chief juvenile probation officer from each regional chiefs
1288	1288	association in this state from a list of nominees submitted to the
1289	1289	board by each regional chiefs association. To the greatest extent
1290	1290	practicable, a regional chiefs association shall include in the
1291	1291	association's list of nominees:
1292	1292	(1) one chief juvenile probation officer of a juvenile
1293	1293	probation department serving a county with a population that
1294	1294	includes fewer than 7,500 persons younger than 18 years of age;
1295	1295	(2) one chief juvenile probation officer of a juvenile
1296	1296	probation department serving a county with a population that
1297	1297	includes at least 7,500 but fewer than 80,000 persons younger than
1298	1298	18 years of age; and
1299	1299	(3) one chief juvenile probation officer of a juvenile
1300	1300	probation department serving a county with a population that
1301	1301	includes 80,000 or more persons younger than 18 years of age.
1302	1302	(d) The board shall designate one of the members as
1303	1303	presiding officer of the advisory committee.
1304	1304	(e) The advisory committee shall assist the Texas Juvenile
1305	1305	Justice Department in evaluating and monitoring the implementation
1306	1306	of this Act, which includes determining the needs and problems of
1307	1307	county juvenile boards and probation departments, and offer
1308	1308	recommendations to meet identified needs and problems.
1309	1309	(f) Members of the advisory committee serve without
1310	1310	compensation and are not entitled to reimbursement for expenses.
1311	1311	(g) The advisory committee is not subject to Chapter 2110,
1312	1312	Government Code.
1313	1313	(h) The advisory committee is abolished and this article
1314	1314	expires June 1, 2021.
1315	1315	ARTICLE 7. EFFECTIVE DATES
1316	1316	SECTION 7.01. (a) Except as provided by Subsection (b) of
1317	1317	this section, this Act takes effect September 1, 2020.
1318	1318	(b) Article 6 of this Act takes effect September 1, 2019.