Texas 2019 - 86th Regular

Texas House Bill HB344 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R21130 E
2		-	By: Dutton, Reynolds H.B. No. 344
3		-	Substitute the following for H.B. No. 344:
4		-	By: Dutton C.S.H.B. No. 344
	1	+	By: Dutton H.B. No. 344
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the age of criminal responsibility and to certain
10	7		substantive and procedural matters related to that age.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
13	10		SECTION 1.01. Section 51.02(2), Family Code, is amended to
14	11		read as follows:
15	12		(2) "Child" means a person who is:
16	13		(A) 10 [ten] years of age or older and under 18
17	14		[17] years of age; or
18	15		(B) 18 [seventeen] years of age or older and
19	16		under 20 [18] years of age who is:
20	17		(i) alleged or found to have engaged in
21	18		delinquent conduct or conduct indicating a need for supervision as
22	19		a result of acts committed before becoming 18 [17] years of age; and
23	20		(ii) under the jurisdiction of a juvenile
24	21		court.
25	22		SECTION 1.02. Section 8.07(b), Penal Code, is amended to
26	23		read as follows:
27	24		(b) Unless the juvenile court waives jurisdiction under
28	25		Section 54.02, Family Code, and certifies the individual for
29	26		criminal prosecution or the juvenile court has previously waived
30	27		jurisdiction under that section and certified the individual for
31	28		criminal prosecution, a person may not be prosecuted for or
32	29		convicted of any offense committed before reaching 18 [17] years of
33	30		age except an offense described by Subsections (a)(1)-(5).
34	31		SECTION 1.03. The changes in law made by this article apply
35	32		only to an offense committed or conduct that occurs on or after
36		-	September 1, 2020. An offense committed or conduct that ~~occurred~~
	33	+	September 1, 2020. An offense committed or conduct that occurs
37	34		before September 1, 2020, is governed by the law in effect on the
38	35		date the offense was committed or the conduct occurred, and the
39	36		former law is continued in effect for that purpose. For purposes of
40	37		this section, an offense was committed or conduct occurred before
41	38		September 1, 2020, if any element of the offense or conduct occurred
42	39		before that date.
43	40		ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
44	41		SECTION 2.01. Section 15.031(e), Penal Code, is amended to
45	42		read as follows:
46	43		(e) An offense under this section is one category lower than
47	44		the solicited offense, except that an offense under this section is
48	45		the same category as the solicited offense if it is shown on the
49	46		trial of the offense that the actor:
50	47		(1) was at the time of the offense 18 [17] years of age
51	48		or older and a member of a criminal street gang, as defined by
52	49		Section 71.01; and
53	50		(2) committed the offense with the intent to:
54	51		(A) further the criminal activities of the
55	52		criminal street gang; or
56	53		(B) avoid detection as a member of a criminal
57	54		street gang.
58	55		SECTION 2.02. Section 21.02(b), Penal Code, is amended to
59	56		read as follows:
60	57		(b) A person commits an offense if:
61	58		(1) during a period that is 30 or more days in
62	59		duration, the person commits two or more acts of sexual abuse,
63	60		regardless of whether the acts of sexual abuse are committed
64	61		against one or more victims; and
65	62		(2) at the time of the commission of each of the acts
66	63		of sexual abuse, the actor is 18 [17] years of age or older and the
67		-	victim is a child younger than 14 years of age, regardless of
68		-	whether the actor knows the age of the victim at the time of the
69		-	offense.
	64	+	victim is a child younger than 14 years of age.
70	65		SECTION 2.03. Section 33.021(b), Penal Code, is amended to
71	66		read as follows:
72	67		(b) A person who is 18 [17] years of age or older commits an
73	68		offense if, with the intent to commit an offense listed in Article
74	69		62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
75	70		over the Internet, by electronic mail or text message or other
76	71		electronic message service or system, or through a commercial
77	72		online service, intentionally:
78	73		(1) communicates in a sexually explicit manner with a
79	74		minor; or
80	75		(2) distributes sexually explicit material to a minor.
81	76		SECTION 2.04. Section 71.028(c), Penal Code, is amended to
82	77		read as follows:
83	78		(c) Except as provided by Subsection (d), the punishment
84	79		prescribed for an offense described by Subsection (b) is increased
85	80		to the punishment prescribed for the next highest category of
86	81		offense if the actor is 18 [17] years of age or older and it is shown
87	82		beyond a reasonable doubt on the trial of the offense that the actor
88	83		committed the offense at a location that was:
89	84		(1) in, on, or within 1,000 feet of any:
90	85		(A) real property that is owned, rented, or
91	86		leased by a school or school board;
92	87		(B) premises owned, rented, or leased by an
93	88		institution of higher education;
94	89		(C) premises of a public or private youth center;
95	90		or
96	91		(D) playground;
97	92		(2) in, on, or within 300 feet of any:
98	93		(A) shopping mall;
99	94		(B) movie theater;
100	95		(C) premises of a public swimming pool; or
101	96		(D) premises of a video arcade facility; or
102	97		(3) on a school bus.
103		-	SECTION 2.05. Sections 545.424(b) and (b-1),
104		-	Transportation Code, are amended to read as follows:
105		-	(b) A person under 18 [17] years of age who holds a
106		-	restricted motorcycle license or moped license may not operate a
107		-	motorcycle or moped while using a wireless communication device,
108		-	except in case of emergency. This subsection does not apply to a
109		-	person licensed by the Federal Communications Commission while
110		-	operating a radio frequency device other than a wireless
111		-	communication device.
112		-	(b-1) A person under 18 [17] years of age who holds a
113		-	restricted motorcycle license or moped license, during the 12-month
114		-	period following the issuance of an original motorcycle license or
115		-	moped license to the person, may not operate a motorcycle or moped
116		-	after midnight and before 5 a.m. unless:
117		-	(1) the person is in sight of the person's parent or
118		-	guardian; or
119		-	(2) the operation of the vehicle is necessary for the
120		-	operator to attend or participate in employment or a school-related
121		-	activity or because of a medical emergency.
122		-	SECTION 2.06. Section 729.001(a), Transportation Code, is
	98	+	SECTION 2.05. Section 729.001(a), Transportation Code, is
123	99		amended to read as follows:
124	100		(a) A person who is younger than 18 [17] years of age commits
125	101		an offense if the person operates a motor vehicle on a public road
126	102		or highway, a street or alley in a municipality, or a public beach
127	103		in violation of any traffic law of this state, including:
128	104		(1) Chapter 502, other than Section [502.282 or]
129	105		502.412;
130	106		(2) Chapter 521, other than an offense under Section
131	107		521.457;
132	108		(3) Subtitle C, other than an offense punishable by
133	109		imprisonment or by confinement in jail under Section 550.021,
134	110		550.022, 550.024, or 550.025;
135	111		(4) Chapter 601;
136	112		(5) Chapter 621;
137	113		(6) Chapter 661; and
138	114		(7) Chapter 681.
139		-	SECTION 2.07. Section 729.002, Transportation Code, is
	115	+	SECTION 2.06. Section 729.002, Transportation Code, is
140	116		amended to read as follows:
141	117		Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
142	118		LICENSE. (a) A person who is younger than 18 [17] years of age
143	119		commits an offense if the person operates a motor vehicle without a
144	120		driver's license authorizing the operation of a motor vehicle on a:
145	121		(1) public road or highway;
146	122		(2) street or alley in a municipality; or
147	123		(3) public beach as defined by Section 729.001.
148	124		(b) An offense under this section is punishable in the same
149	125		manner as if the person was 18 [17] years of age or older and
150	126		operated a motor vehicle without a license as described by
151	127		Subsection (a), except that an offense under this section is not
152	128		punishable by confinement or imprisonment.
153		-	SECTION 2.08. The changes in law made by this article apply
	129	+	SECTION 2.07. The changes in law made by this article apply
154	130		only to an offense committed on or after September 1, 2020. An
155	131		offense committed before September 1, 2020, is governed by the law
156	132		in effect on the date the offense was committed, and the former law
157	133		is continued in effect for that purpose. For purposes of this
158	134		section, an offense was committed before September 1, 2020, if any
159	135		element of the offense occurred before that date.
160	136		ARTICLE 3. CRIMINAL PROCEDURES
161	137		SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
162	138		amended to read as follows:
163	139		Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
164		-	ADULT. (a) Notwithstanding the order of a juvenile court to
165		-	~~detain~~ a person under the age of 18 [17] who has been certified to
166		-	~~stand~~ trial as an adult in a certified juvenile detention facility
167		-	~~under~~ Section 54.02(h), Family Code, the judge of the criminal
168		-	~~court~~ having jurisdiction over the person may order the person to be
	140	+	ADULT. (a) Notwithstanding the order of a juvenile court to detain
	141	+	a person under the age of 18 [17] who has been certified to stand
	142	+	trial as an adult in a certified juvenile detention facility under
	143	+	Section 54.02(h), Family Code, the judge of the criminal court
	144	+	having jurisdiction over the person may order the person to be
169	145		transferred to an adult facility. A child who is transferred to an
170	146		adult facility must be detained under conditions meeting the
171	147		requirements of Section 51.12, Family Code.
172	148		(b) On the 18th [17th] birthday of a person described by
173	149		Subsection (a) who is detained in a certified juvenile detention
174	150		facility under Section 54.02(h), Family Code, the judge of the
175	151		criminal court having jurisdiction over the person shall order the
176	152		person to be transferred to an adult facility.
177	153		SECTION 3.02. Article 45.0215(a), Code of Criminal
178	154		Procedure, is amended to read as follows:
179	155		(a) This article applies to a defendant who has not had the
180	156		disabilities of minority removed and [has been:
181	157		[(1) charged with an offense other than an offense
182	158		under Section 43.261, Penal Code, if the defendant is younger than
183	159		17 years of age; or
184	160		[(2) charged with an offense under Section 43.261,
185	161		Penal Code, if the defendant] is younger than 18 years of age.
186	162		SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
187	163		Procedure, are amended to read as follows:
188	164		(b) A person may apply to the court in which the person was
189	165		convicted to have the conviction expunged as provided by this
190	166		article on or after the person's 18th [17th] birthday if:
191	167		(1) the person was convicted of not more than one
192	168		offense described by Section 8.07(a)(4) or (5), Penal Code, while
193	169		the person was a child; or
194	170		(2) the person was convicted only once of an offense
195	171		under Section 43.261, Penal Code.
196	172		(h) Records of a person under 18 [17] years of age relating
197	173		to a complaint may be expunged under this article if:
198	174		(1) the complaint was dismissed under Article 45.051
199	175		or 45.052 or other law; or
200	176		(2) the person was acquitted of the offense.
201	177		SECTION 3.04. Article 45.045(b), Code of Criminal
202	178		Procedure, is amended to read as follows:
203	179		(b) A capias pro fine may not be issued for an individual
204	180		convicted for an offense committed before the individual's 18th
205	181		[17th] birthday unless:
206	182		(1) the individual is 18 [17] years of age or older;
207	183		(2) the court finds that the issuance of the capias pro
208	184		fine is justified after considering:
209	185		(A) the sophistication and maturity of the
210	186		individual;
211	187		(B) the criminal record and history of the
212	188		individual; and
213	189		(C) the reasonable likelihood of bringing about
214	190		the discharge of the judgment through the use of procedures and
215	191		services currently available to the court; and
216	192		(3) the court has proceeded under Article 45.050 to
217	193		compel the individual to discharge the judgment.
218	194		SECTION 3.05. Article 45.0492(a), Code of Criminal
219	195		Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
220	196		Legislature, Regular Session, 2011, is amended to read as follows:
221	197		(a) This article applies only to a defendant younger than 18
222	198		[17] years of age who is assessed a fine or costs for a Class C
223	199		misdemeanor occurring in a building or on the grounds of the primary
224	200		or secondary school at which the defendant was enrolled at the time
225	201		of the offense.
226	202		SECTION 3.06. Article 45.0492(a), Code of Criminal
227	203		Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
228	204		Legislature, Regular Session, 2011, is amended to read as follows:
229	205		(a) This article applies only to a defendant younger than 18
230	206		[17] years of age who is assessed a fine or costs for a Class C
231	207		misdemeanor.
232	208		SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
233	209		Criminal Procedure, are amended to read as follows:
234	210		(d) A justice or municipal court may hold a person in
235	211		contempt and impose a remedy authorized by Subsection (c)(2) if:
236	212		(1) the person was convicted for an offense committed
237	213		before the person's 18th [17th] birthday;
238	214		(2) the person failed to obey the order while the
239	215		person was 18 [17] years of age or older; and
240	216		(3) the failure to obey occurred under circumstances
241	217		that constitute contempt of court.
242	218		(e) A justice or municipal court may hold a person in
243	219		contempt and impose a remedy authorized by Subsection (c)(2) if the
244	220		person, while younger than 18 [17] years of age, engaged in conduct
245	221		in contempt of an order issued by the justice or municipal court,
246	222		but contempt proceedings could not be held before the person's 18th
247	223		[17th] birthday.
248	224		(g) A justice or municipal court may not refer a child who
249	225		violates a court order while 18 [17] years of age or older to a
250	226		juvenile court for delinquency proceedings for contempt of court.
251	227		SECTION 3.08. Article 45.057(h), Code of Criminal
252	228		Procedure, is amended to read as follows:
253	229		(h) A child and parent required to appear before the court
254	230		have an obligation to provide the court in writing with the current
255		-	address and residence of the child. The obligation does not end
256		-	~~when~~ the child reaches age 18 [17]. On or before the seventh day
257		-	~~after~~ the date the child or parent changes residence, the child or
258		-	~~parent~~ shall notify the court of the current address in the manner
259		-	~~directed~~ by the court. A violation of this subsection may result in
260		-	~~arrest~~ and is a Class C misdemeanor. The obligation to provide
261		-	~~notice~~ terminates on discharge and satisfaction of the judgment or
262		-	~~final~~ disposition not requiring a finding of guilt.
	231	+	address and residence of the child. The obligation does not end when
	232	+	the child reaches age 18 [17]. On or before the seventh day after
	233	+	the date the child or parent changes residence, the child or parent
	234	+	shall notify the court of the current address in the manner directed
	235	+	by the court. A violation of this subsection may result in arrest
	236	+	and is a Class C misdemeanor. The obligation to provide notice
	237	+	terminates on discharge and satisfaction of the judgment or final
	238	+	disposition not requiring a finding of guilt.
263	239		SECTION 3.09. Article 45.058(h), Code of Criminal
264	240		Procedure, is amended to read as follows:
265	241		(h) In this article, "child" means a person who is:
266	242		(1) at least 10 years of age and younger than 18 [17]
267	243		years of age; and
268	244		(2) charged with or convicted of an offense that a
269	245		justice or municipal court has jurisdiction of under Article 4.11
270	246		or 4.14.
271		-	SECTION 3.10. Article 45.059(a), Code of Criminal
272		-	Procedure, is amended to read as follows:
273		-	(a) A peace officer taking into custody a person younger
274		-	than 18 [17] years of age for violation of a juvenile curfew
275		-	ordinance of a municipality or order of the commissioners court of a
276		-	county shall, without unnecessary delay:
277		-	(1) release the person to the person's parent,
278		-	guardian, or custodian;
279		-	(2) take the person before a justice or municipal
280		-	court to answer the charge; or
281		-	(3) take the person to a place designated as a juvenile
282		-	curfew processing office by the head of the law enforcement agency
283		-	having custody of the person.
284		-	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
	247	+	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
285	248		Criminal Procedure, are amended to read as follows:
286	249		(a) Except as provided by Articles 45.058 and 45.059, an
287	250		individual may not be taken into secured custody for offenses
288	251		alleged to have occurred before the individual's 18th [17th]
289	252		birthday.
290	253		(b) On or after an individual's 18th [17th] birthday, if the
291	254		court has used all available procedures under this chapter to
292	255		secure the individual's appearance to answer allegations made
293	256		before the individual's 18th [17th] birthday, the court may issue a
294	257		notice of continuing obligation to appear by personal service or by
295	258		mail to the last known address and residence of the individual. The
296	259		notice must order the individual to appear at a designated time,
297	260		place, and date to answer the allegations detailed in the notice.
298	261		(e) A notice of continuing obligation to appear issued under
299	262		this article must contain the following statement provided in
300	263		boldfaced type or capital letters:
301	264		"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
302	265		BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
303	266		MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
304	267		ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
305	268		CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
306	269		ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
307	270		FOR YOUR ARREST."
308		-	SECTION 3.12. Article 62.001(6), Code of Criminal
	271	+	SECTION 3.11. Article 62.001(6), Code of Criminal
309	272		Procedure, is amended to read as follows:
310	273		(6) "Sexually violent offense" means any of the
311	274		following offenses committed by a person 18 [17] years of age or
312	275		older:
313	276		(A) an offense under Section 21.02 (Continuous
314	277		sexual abuse of young child or children), 21.11(a)(1) (Indecency
315	278		with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
316	279		sexual assault), Penal Code;
317	280		(B) an offense under Section 43.25 (Sexual
318	281		performance by a child), Penal Code;
319	282		(C) an offense under Section 20.04(a)(4)
320	283		(Aggravated kidnapping), Penal Code, if the defendant committed the
321	284		offense with intent to violate or abuse the victim sexually;
322	285		(D) an offense under Section 30.02 (Burglary),
323	286		Penal Code, if the offense is punishable under Subsection (d) of
324	287		that section and the defendant committed the offense with intent to
325	288		commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
326	289		or
327	290		(E) an offense under the laws of another state,
328	291		federal law, the laws of a foreign country, or the Uniform Code of
329	292		Military Justice if the offense contains elements that are
330	293		substantially similar to the elements of an offense listed under
331	294		Paragraph (A), (B), (C), or (D).
332		-	SECTION 3.13. Article 62.351(a), Code of Criminal
	295	+	SECTION 3.12. Article 62.351(a), Code of Criminal
333	296		Procedure, is amended to read as follows:
334	297		(a) During or after disposition of a case under Section
335	298		54.04, Family Code, for adjudication of an offense for which
336	299		registration is required under this chapter, the juvenile court on
337	300		motion of the respondent shall conduct a hearing to determine
338	301		whether the interests of the public require registration under this
339	302		chapter. The motion may be filed and the hearing held regardless of
340	303		whether the respondent is under 19 [18] years of age. Notice of the
341	304		motion and hearing shall be provided to the prosecuting attorney.
342		-	SECTION 3.14. Article 62.352(c), Code of Criminal
	305	+	SECTION 3.13. Article 62.352(c), Code of Criminal
343	306		Procedure, is amended to read as follows:
344	307		(c) If the court enters an order described by Subsection
345	308		(b)(1), the court retains discretion and jurisdiction to require,
346	309		or exempt the respondent from, registration under this chapter at
347	310		any time during the treatment or on the successful or unsuccessful
348	311		completion of treatment, except that during the period of deferral,
349	312		registration may not be required. Following successful completion
350	313		of treatment, the respondent is exempted from registration under
351	314		this chapter unless a hearing under this subchapter is held on
352	315		motion of the prosecuting attorney, regardless of whether the
353	316		respondent is 19 [18] years of age or older, and the court
354	317		determines the interests of the public require registration. Not
355	318		later than the 10th day after the date of the respondent's
356	319		successful completion of treatment, the treatment provider shall
357	320		notify the juvenile court and prosecuting attorney of the
358	321		completion.
359		-	SECTION 3.15. Article 62.353(b), Code of Criminal
	322	+	SECTION 3.14. Article 62.353(b), Code of Criminal
360	323		Procedure, is amended to read as follows:
361	324		(b) The person may file a motion under Subsection (a) in the
362	325		original juvenile case regardless of whether the person, at the
363	326		time of filing the motion, is 19 [18] years of age or older. Notice
364	327		of the motion shall be provided to the prosecuting attorney. A
365	328		hearing on the motion shall be provided as in other cases under this
366	329		subchapter.
367		-	SECTION 3.16. Section 37.085, Education Code, is amended to
	330	+	SECTION 3.15. Section 37.085, Education Code, is amended to
368	331		read as follows:
369	332		Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
370	333		MISDEMEANORS. Notwithstanding any other provision of law, a
371	334		warrant may not be issued for the arrest of a person for a Class C
372	335		misdemeanor under this code committed when the person was younger
373	336		than 18 [17] years of age.
374		-	SECTION 3.17. Section 153.0071(e-1), Family Code, is
375		-	amended to read as follows:
376		-	(e-1) Notwithstanding Subsections (d) and (e), a court may
377		-	decline to enter a judgment on a mediated settlement agreement if
378		-	the court finds:
379		-	(1) that:
380		-	(A) a party to the agreement was a victim of
381		-	family violence, and that circumstance impaired the party's ability
382		-	to make decisions; or
383		-	(B) the agreement would permit a person who is
384		-	subject to registration under Chapter 62, Code of Criminal
385		-	Procedure, on the basis of an offense committed by the person when
386		-	the person was 18 [17] years of age or older or who otherwise has a
387		-	history or pattern of past or present physical or sexual abuse
388		-	directed against any person to:
389		-	(i) reside in the same household as the
390		-	child; or
391		-	(ii) otherwise have unsupervised access to
392		-	the child; and
393		-	(2) that the agreement is not in the child's best
394		-	interest.
395		-	SECTION 3.18. Section 521.453(i), Transportation Code, is
	337	+	SECTION 3.16. Section 521.453(i), Transportation Code, is
396	338		amended to read as follows:
397	339		(i) If the person ordered to perform community service under
398	340		Subsection (h) is younger than 18 [17] years of age, the community
399	341		service shall be performed as if ordered by a juvenile court under
400	342		Section 54.044(a), Family Code, as a condition of probation under
401	343		Section 54.04(d), Family Code.
402		-	SECTION 3.19. (a) Except as provided by Subsection (b) of
	344	+	SECTION 3.17. (a) Except as provided by Subsection (b) of
403	345		this section, the changes in law made by this article apply only to
404	346		an offense committed on or after September 1, 2020. An offense
405	347		committed before September 1, 2020, is governed by the law in effect
406	348		on the date the offense was committed, and the former law is
407	349		continued in effect for that purpose.
408	350		(b) Articles 45.0216(b) and (h), Code of Criminal
409	351		Procedure, as amended by this article, apply only to the expunction
410	352		of certain records related to an offense committed on or after
411		-	September 1, ~~2020~~. The expunction of certain records related to an
	353	+	September 1, 2019. The expunction of certain records related to an
412	354		offense committed before September 1, 2020, is governed by the law
413	355		in effect on the date the offense was committed, and the former law
414	356		is continued in effect for that purpose.
415	357		(c) For purposes of this section, an offense was committed
416	358		before September 1, 2020, if any element of the offense occurred
417	359		before that date.
418	360		ARTICLE 4. JUVENILE COURT PROCEDURES
419	361		SECTION 4.01. Section 51.041, Family Code, is amended to
420	362		read as follows:
421	363		Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
422	364		retains jurisdiction over a person, without regard to the age of the
423	365		person, for conduct engaged in by the person before becoming 18 [17]
424	366		years of age if, as a result of an appeal by the person or the state
425	367		under Chapter 56 of an order of the court, the order is reversed or
426	368		modified and the case remanded to the court by the appellate court.
427		-	(b) If the respondent is at least 18 years of age when ~~the~~
428		-	order of remand from the appellate court is received by the ~~juvenile~~
429		-	court, the juvenile court shall proceed as provided by ~~Sections~~
430		-	54.02(o)-(r) for the detention of a person at least 19 [18] ~~years of~~
431		-	age in discretionary transfer proceedings. Pending retrial ~~of the~~
432		-	adjudication or transfer proceeding, the juvenile court may:
	369	+	(b) If the respondent is at least 19 [18] years of age when
	370	+	the order of remand from the appellate court is received by the
	371	+	juvenile court, the juvenile court shall proceed as provided by
	372	+	Sections 54.02(o)-(r) for the detention of a person at least 19 [18]
	373	+	years of age in discretionary transfer proceedings. Pending retrial
	374	+	of the adjudication or transfer proceeding, the juvenile court may:
433	375		(1) order the respondent released from custody;
434	376		(2) order the respondent detained in a juvenile
435	377		detention facility; or
436	378		(3) set bond and order the respondent detained in a
437	379		county adult facility if bond is not made.
438	380		SECTION 4.02. Section 51.0412, Family Code, is amended to
439	381		read as follows:
440	382		Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
441	383		The court retains jurisdiction over a person, without regard to the
442	384		age of the person, who is a respondent in an adjudication
443	385		proceeding, a disposition proceeding, a proceeding to modify
444	386		disposition, a proceeding for waiver of jurisdiction and transfer
445	387		to criminal court under Section 54.02(a), or a motion for transfer
446	388		of determinate sentence probation to an appropriate district court
447	389		if:
448	390		(1) the petition or motion was filed while the
449	391		respondent was younger than 19 or 20 [18 or 19] years of age, as
450	392		applicable;
451	393		(2) the proceeding is not complete before the
452	394		respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
453	395		and
454	396		(3) the court enters a finding in the proceeding that
455	397		the prosecuting attorney exercised due diligence in an attempt to
456	398		complete the proceeding before the respondent became 19 or 20 [18 or
457	399		19] years of age, as applicable.
458	400		SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
459	401		amended to read as follows:
460	402		(f) A child detained in a building that contains a jail,
461	403		lockup, or other place of secure confinement, including an alcohol
462	404		or other drug treatment facility, shall be separated by sight and
463	405		sound from adults detained in the same building. Children and
464	406		adults are separated by sight and sound only if they are unable to
465	407		see each other and conversation between them is not possible. The
466	408		separation must extend to all areas of the facility, including
467	409		sally ports and passageways, and those areas used for admission,
468	410		counseling, sleeping, toileting, showering, dining, recreational,
469	411		educational, or vocational activities, and health care. The
470	412		separation may be accomplished through architectural design. A
471	413		person who has been transferred for prosecution in criminal court
472	414		under Section 54.02 and is under 18 [17] years of age is considered
473	415		a child for the purposes of this subsection.
474	416		(h) This section does not apply to a person:
475	417		(1) who has been transferred to criminal court for
476	418		prosecution under Section 54.02 and is at least 18 [17] years of
477	419		age; or
478	420		(2) who is at least 18 [17] years of age and who has
479	421		been taken into custody after having:
480	422		(A) escaped from a juvenile facility operated by
481	423		or under contract with the Texas Juvenile Justice Department; or
482	424		(B) violated a condition of release under
483	425		supervision of the department.
484	426		SECTION 4.04. Section 54.02(j), Family Code, is amended to
485	427		read as follows:
486	428		(j) The juvenile court may waive its exclusive original
487	429		jurisdiction and transfer a person to the appropriate district
488	430		court or criminal district court for criminal proceedings if:
489	431		(1) the person is 19 [18] years of age or older;
490	432		(2) the person was:
491	433		(A) 10 years of age or older and under 18 [17]
492	434		years of age at the time the person is alleged to have committed a
493	435		capital felony or an offense under Section 19.02, Penal Code;
494	436		(B) 14 years of age or older and under 18 [17]
495	437		years of age at the time the person is alleged to have committed an
496	438		aggravated controlled substance felony or a felony of the first
497	439		degree other than an offense under Section 19.02, Penal Code; or
498	440		(C) 15 years of age or older and under 18 [17]
499	441		years of age at the time the person is alleged to have committed a
500	442		felony of the second or third degree or a state jail felony;
501	443		(3) no adjudication concerning the alleged offense has
502	444		been made or no adjudication hearing concerning the offense has
503	445		been conducted;
504	446		(4) the juvenile court finds from a preponderance of
505	447		the evidence that:
506	448		(A) for a reason beyond the control of the state
507	449		it was not practicable to proceed in juvenile court before the 19th
508	450		[18th] birthday of the person; or
509	451		(B) after due diligence of the state it was not
510	452		practicable to proceed in juvenile court before the 19th [18th]
511	453		birthday of the person because:
512	454		(i) the state did not have probable cause to
513	455		proceed in juvenile court and new evidence has been found since the
514	456		19th [18th] birthday of the person;
515	457		(ii) the person could not be found; or
516	458		(iii) a previous transfer order was
517	459		reversed by an appellate court or set aside by a district court; and
518	460		(5) the juvenile court determines that there is
519	461		probable cause to believe that the child before the court committed
520	462		the offense alleged.
521	463		SECTION 4.05. Section 54.0326(b), Family Code, is amended
522	464		to read as follows:
523	465		(b) A juvenile court may defer adjudication proceedings
524	466		under Section 54.03 until the child's 19th [18th] birthday and
525	467		require a child to participate in a program established under
526	468		Section 152.0017, Human Resources Code, if the child:
527	469		(1) is alleged to have engaged in delinquent conduct
528	470		or conduct indicating a need for supervision and may be a victim of
529	471		conduct that constitutes an offense under Section 20A.02, Penal
530	472		Code; and
531	473		(2) presents to the court an oral or written request to
532	474		participate in the program.
533	475		SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
534	476		are amended to read as follows:
535	477		(e) The Texas Juvenile Justice Department shall accept a
536	478		person properly committed to it by a juvenile court even though the
537	479		person may be 18 [17] years of age or older at the time of
538	480		commitment.
539	481		(l) Except as provided by Subsection (q), a court or jury
540	482		may place a child on probation under Subsection (d)(1) for any
541	483		period, except that probation may not continue on or after the
542		-	child's 19th [18th] birthday. Except as provided by Subsection
543		-	~~(q),~~ the court may, before the period of probation ends, extend the
	484	+	child's 19th [18th] birthday. Except as provided by Subsection (q),
	485	+	the court may, before the period of probation ends, extend the
544	486		probation for any period, except that the probation may not extend
545	487		to or after the child's 19th [18th] birthday.
546	488		(q) If a court or jury sentences a child to commitment in the
547	489		Texas Juvenile Justice Department or a post-adjudication secure
548	490		correctional facility under Subsection (d)(3) for a term of not
549	491		more than 10 years, the court or jury may place the child on
550	492		probation under Subsection (d)(1) as an alternative to making the
551		-	disposition under Subsection (d)(3). The court shall prescribe
552		-	~~the~~ period of probation ordered under this subsection for a term of
553		-	~~not~~ more than 10 years. The court may, before the sentence of
554		-	~~probation~~ expires, extend the probationary period under Section
555		-	~~54.05, except~~ that the sentence of probation and any extension may
556		-	~~not exceed 10~~ years. The court may, before the child's 20th [19th]
557		-	~~birthday,~~ discharge the child from the sentence of probation. If a
558		-	~~sentence of~~ probation ordered under this subsection and any
559		-	~~extension of~~ probation ordered under Section 54.05 will continue
560		-	~~after the~~ child's 20th [19th] birthday, the court shall discharge
561		-	~~the child~~ from the sentence of probation on the child's 20th [19th]
562		-	~~birthday~~ unless the court transfers the child to an appropriate
563		-	~~district~~ court under Section 54.051.
	493	+	disposition under Subsection (d)(3). The court shall prescribe the
	494	+	period of probation ordered under this subsection for a term of not
	495	+	more than 10 years. The court may, before the sentence of probation
	496	+	expires, extend the probationary period under Section 54.05, except
	497	+	that the sentence of probation and any extension may not exceed 10
	498	+	years. The court may, before the child's 20th [19th] birthday,
	499	+	discharge the child from the sentence of probation. If a sentence of
	500	+	probation ordered under this subsection and any extension of
	501	+	probation ordered under Section 54.05 will continue after the
	502	+	child's 20th [19th] birthday, the court shall discharge the child
	503	+	from the sentence of probation on the child's 20th [19th] birthday
	504	+	unless the court transfers the child to an appropriate district
	505	+	court under Section 54.051.
564	506		SECTION 4.07. Section 54.0405(i), Family Code, is amended
565	507		to read as follows:
566	508		(i) A court that requires as a condition of probation that a
567	509		child attend psychological counseling under Subsection (a) may,
568	510		before the date the probation period ends, extend the probation for
569	511		any additional period necessary to complete the required counseling
570	512		as determined by the treatment provider, except that the probation
571	513		may not be extended to a date after the date of the child's 19th
572	514		[18th] birthday, or 20th [19th] birthday if the child is placed on
573	515		determinate sentence probation under Section 54.04(q).
574	516		SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
575	517		amended to read as follows:
576	518		(b) If a child is found to have engaged in delinquent
577	519		conduct or conduct indicating a need for supervision arising from
578	520		the commission of an offense in which property damage or loss or
579	521		personal injury occurred, the juvenile court, on notice to all
580	522		persons affected and on hearing, may order the child or a parent to
581	523		make full or partial restitution to the victim of the offense. The
582	524		program of restitution must promote the rehabilitation of the
583	525		child, be appropriate to the age and physical, emotional, and
584	526		mental abilities of the child, and not conflict with the child's
585	527		schooling. When practicable and subject to court supervision, the
586	528		court may approve a restitution program based on a settlement
587		-	between the child and the victim of the offense. An order under
588		-	~~this~~ subsection may provide for periodic payments by the child or a
	529	+	between the child and the victim of the offense. An order under this
	530	+	subsection may provide for periodic payments by the child or a
589	531		parent of the child for the period specified in the order but except
590	532		as provided by Subsection (h), that period may not extend past the
591	533		date of the 19th [18th] birthday of the child or past the date the
592	534		child is no longer enrolled in an accredited secondary school in a
593	535		program leading toward a high school diploma, whichever date is
594	536		later.
595	537		(h) If the juvenile court places the child on probation in a
596	538		determinate sentence proceeding initiated under Section 53.045 and
597	539		transfers supervision on the child's 20th [19th] birthday to a
598	540		district court for placement on community supervision, the district
599	541		court shall require the payment of any unpaid restitution as a
600	542		condition of the community supervision. The liability of the
601	543		child's parent for restitution may not be extended by transfer to a
602	544		district court for supervision.
603	545		SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
604	546		amended to read as follows:
605	547		(a) Any [Except as provided by Subsection (a-1), any]
606	548		disposition, except a commitment to the Texas Juvenile Justice
607	549		Department, may be modified by the juvenile court as provided in
608	550		this section until:
609	551		(1) the child reaches:
610	552		(A) the child's 19th [18th] birthday; or
611	553		(B) the child's 20th [19th] birthday, if the
612	554		child was placed on determinate sentence probation under Section
613	555		54.04(q); or
614	556		(2) the child is earlier discharged by the court or
615	557		operation of law.
616	558		(b) Except for a commitment to the Texas Juvenile Justice
617		-	Department [or to a post-adjudication secure correctional facility
618		-	under Section 54.04011] or a placement on determinate sentence
	559	+	Department or to a post-adjudication secure correctional facility
	560	+	under Section 54.04011 or a placement on determinate sentence
619	561		probation under Section 54.04(q), all dispositions automatically
620	562		terminate when the child reaches the child's 19th [18th] birthday.
621	563		SECTION 4.10. Section 54.051, Family Code, is amended by
622	564		amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
623	565		Subsection (j) to read as follows:
624	566		(a) On motion of the state concerning a child who is placed
625	567		on probation under Section 54.04(q) for a period, including any
626	568		extension ordered under Section 54.05, that will continue after the
627	569		child's applicable [19th] birthday, the juvenile court shall hold a
628	570		hearing to determine whether to transfer the child to an
629	571		appropriate district court or discharge the child from the sentence
630	572		of probation.
631	573		(b) The hearing must be conducted before the person's
632	574		applicable [19th] birthday[, or before the person's 18th birthday
633	575		if the offense for which the person was placed on probation occurred
634	576		before September 1, 2011,] and must be conducted in the same manner
635	577		as a hearing to modify disposition under Section 54.05.
636	578		(c) If, after a hearing, the court determines to discharge
637	579		the child, the court shall specify a date on or before the child's
638		-	applicable [19th] birthday to discharge the child from the
639		-	~~sentence~~ of probation.
	580	+	applicable [19th] birthday to discharge the child from the sentence
	581	+	of probation.
640	582		(d) If, after a hearing, the court determines to transfer
641	583		the child, the court shall transfer the child to an appropriate
642	584		district court on the child's applicable [19th] birthday.
643	585		(e-2) If a person who is placed on community supervision
644	586		under this section violates a condition of that supervision or if
645	587		the person violated a condition of probation ordered under Section
646	588		54.04(q) and that probation violation was not discovered by the
647	589		state before the person's 20th [19th] birthday, the district court
648	590		shall dispose of the violation of community supervision or
649	591		probation, as appropriate, in the same manner as if the court had
650	592		originally exercised jurisdiction over the case. If the judge
651	593		revokes community supervision, the judge may reduce the prison
652	594		sentence to any length without regard to the minimum term imposed by
653	595		Article 42A.755(a), Code of Criminal Procedure.
654	596		(i) If the juvenile court exercises jurisdiction over a
655	597		person on or after the person's [who is 18 or 19 years of age or
656	598		older, as] applicable birthday, under Section 51.041 or 51.0412,
657	599		the court or jury may, if the person is otherwise eligible, place
658	600		the person on probation under Section 54.04(q). The juvenile court
659	601		shall set the conditions of probation and immediately transfer
660	602		supervision of the person to the appropriate court exercising
661	603		criminal jurisdiction under Subsection (e).
662	604		(j) In this section, "applicable birthday" means the
663	605		person's:
664	606		(1) 18th birthday, if the conduct for which the person
665	607		was placed on probation occurred before September 1, 2011;
666	608		(2) 19th birthday, if the conduct for which the person
667	609		was placed on probation occurred on or after September 1, 2011, but
668	610		before September 1, 2020; or
669	611		(3) 20th birthday, if the conduct for which the person
670	612		was placed on probation occurred on or after September 1, 2020.
671	613		SECTION 4.11. Section 54.11(l), Family Code, is amended to
672	614		read as follows:
673	615		(l) Pending the conclusion of a transfer hearing, the
674	616		juvenile court shall order that the person who is referred for
675	617		transfer be detained in a certified juvenile detention facility as
676	618		provided by Subsection (m). If the person is at least 18 [17] years
677	619		of age, the juvenile court may order that the person be detained
678	620		without bond in an appropriate county facility for the detention of
679	621		adults accused of criminal offenses.
680	622		SECTION 4.12. Section 55.15, Family Code, is amended to
681	623		read as follows:
682	624		Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
683	625		FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
684	626		which the child's case is referred under Section 55.12(2) orders
685	627		mental health services for the child, the child shall be cared for,
686	628		treated, and released in conformity to Subtitle C, Title 7, Health
687	629		and Safety Code, except:
688	630		(1) a court order for mental health services for a
689	631		child automatically expires on the 120th day after the date the
690	632		child becomes 19 [18] years of age; and
691	633		(2) the administrator of a mental health facility
692	634		shall notify, in writing, by certified mail, return receipt
693	635		requested, the juvenile court that ordered mental health services
694	636		or the juvenile court that referred the case to a court that ordered
695	637		the mental health services of the intent to discharge the child at
696	638		least 10 days prior to discharge.
697	639		SECTION 4.13. Section 55.18, Family Code, is amended to
698	640		read as follows:
699	641		Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
700	642		REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
701	643		mental health facility before reaching 19 [18] years of age, the
702	644		juvenile court may:
703	645		(1) dismiss the juvenile court proceedings with
704	646		prejudice; or
705	647		(2) continue with proceedings under this title as
706	648		though no order of mental health services had been made.
707	649		SECTION 4.14. The heading to Section 55.19, Family Code, is
708	650		amended to read as follows:
709	651		Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
710	652		BIRTHDAY.
711	653		SECTION 4.15. Section 55.19(a), Family Code, is amended to
712	654		read as follows:
713	655		(a) The juvenile court shall transfer all pending
714	656		proceedings from the juvenile court to a criminal court on the 19th
715	657		[18th] birthday of a child for whom the juvenile court or a court to
716	658		which the child's case is referred under Section 55.12(2) has
717	659		ordered inpatient mental health services if:
718	660		(1) the child is not discharged or furloughed from the
719	661		inpatient mental health facility before reaching 19 [18] years of
720	662		age; and
721	663		(2) the child is alleged to have engaged in delinquent
722	664		conduct that included a violation of a penal law listed in Section
723	665		53.045 and no adjudication concerning the alleged conduct has been
724	666		made.
725	667		SECTION 4.16. Section 55.43(a), Family Code, is amended to
726	668		read as follows:
727	669		(a) The prosecuting attorney may file with the juvenile
728	670		court a motion for a restoration hearing concerning a child if:
729	671		(1) the child is found unfit to proceed as a result of
730	672		mental illness or an intellectual disability; and
731	673		(2) the child:
732	674		(A) is not:
733	675		(i) ordered by a court to receive inpatient
734	676		mental health services;
735	677		(ii) committed by a court to a residential
736	678		care facility; or
737	679		(iii) ordered by a court to receive
738	680		treatment on an outpatient basis; or
739	681		(B) is discharged or currently on furlough from a
740	682		mental health facility or outpatient center before the child
741	683		reaches 19 [18] years of age.
742	684		SECTION 4.17. The heading to Section 55.44, Family Code, is
743	685		amended to read as follows:
744	686		Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
745	687		BIRTHDAY OF CHILD.
746	688		SECTION 4.18. Section 55.44(a), Family Code, is amended to
747	689		read as follows:
748	690		(a) The juvenile court shall transfer all pending
749	691		proceedings from the juvenile court to a criminal court on the 19th
750	692		[18th] birthday of a child for whom the juvenile court or a court to
751	693		which the child's case is referred has ordered inpatient mental
752	694		health services or residential care for persons with an
753	695		intellectual disability if:
754	696		(1) the child is not discharged or currently on
755	697		furlough from the facility before reaching 19 [18] years of age; and
756	698		(2) the child is alleged to have engaged in delinquent
757	699		conduct that included a violation of a penal law listed in Section
758	700		53.045 and no adjudication concerning the alleged conduct has been
759	701		made.
760		-	SECTION 4.19. The heading to Section 56.03, Family Code, is
	702	+	SECTION 4.19. Sections 58.003(c), (c-2), (c-4), (c-6), and
	703	+	(c-8), Family Code, are amended to read as follows:
	704	+	(c) Subject to Subsection (b), a court may order the sealing
	705	+	of records concerning a person adjudicated as having engaged in
	706	+	delinquent conduct that violated a penal law of the grade of felony
	707	+	only if:
	708	+	(1) the person is 19 years of age or older;
	709	+	(2) the person was not transferred by a juvenile court
	710	+	under Section 54.02 to a criminal court for prosecution;
	711	+	(3) the records have not been used as evidence in the
	712	+	punishment phase of a criminal proceeding under Section 3(a),
	713	+	Article 37.07, Code of Criminal Procedure; and
	714	+	(4) the person has not been convicted of a penal law of
	715	+	the grade of felony after becoming age 18 [17].
	716	+	(c-2) If the court orders the sealing of a child's records
	717	+	under Subsection (c-1), a prosecuting attorney or juvenile
	718	+	probation department may maintain until the child's 19th [17th]
	719	+	birthday a separate record of the child's name and date of birth and
	720	+	the date the child successfully completed the drug court program.
	721	+	The prosecuting attorney or juvenile probation department, as
	722	+	applicable, shall send the record to the court as soon as
	723	+	practicable after the child's 19th [17th] birthday to be added to
	724	+	the child's other sealed records.
	725	+	(c-4) A prosecuting attorney or juvenile probation
	726	+	department may maintain until a child's 19th [17th] birthday a
	727	+	separate record of the child's name and date of birth and the date
	728	+	on which the child's records are sealed, if the child's records are
	729	+	sealed under Subsection (c-3). The prosecuting attorney or juvenile
	730	+	probation department, as applicable, shall send the record to the
	731	+	court as soon as practicable after the child's 19th [17th] birthday
	732	+	to be added to the child's other sealed records.
	733	+	(c-6) A prosecuting attorney or juvenile probation
	734	+	department may maintain until a child's 19th [17th] birthday a
	735	+	separate record of the child's name and date of birth and the date
	736	+	on which the child successfully completed the educational program,
	737	+	if the child's records are sealed under Subsection (c-5). The
	738	+	prosecuting attorney or juvenile probation department, as
	739	+	applicable, shall send the record to the court as soon as
	740	+	practicable after the child's 19th [17th] birthday to be added to
	741	+	the child's other sealed records.
	742	+	(c-8) If the court orders the sealing of a child's records
	743	+	under Subsection (c-7), a prosecuting attorney or juvenile
	744	+	probation department may maintain until the child's 19th [18th]
	745	+	birthday a separate record of the child's name and date of birth and
	746	+	the date the child successfully completed the trafficked persons
	747	+	program. The prosecuting attorney or juvenile probation
	748	+	department, as applicable, shall send the record to the court as
	749	+	soon as practicable after the child's 19th [18th] birthday to be
	750	+	added to the child's other sealed records.
	751	+	SECTION 4.20. Section 58.0052(a)(2), Family Code, is
761	752		amended to read as follows:
762		-	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
763		-	FOR DETERMINATE SENTENCE].
764		-	SECTION 4.20. Section 56.03(b), Family Code, is amended to
765		-	read as follows:
766		-	(b) The state is entitled to appeal an order of a court:
767		-	(1) in a juvenile case in which the grand jury has
768		-	approved of the petition under Section 53.045 if the order:
769		-	(A) [(1)] dismisses a petition or any portion of
770		-	a petition;
771		-	(B) [(2)] arrests or modifies a judgment;
772		-	(C) [(3)] grants a new trial;
773		-	(D) [(4)] sustains a claim of former jeopardy; or
774		-	(E) [(5)] grants a motion to suppress evidence, a
775		-	confession, or an admission and if:
776		-	(i) [(A)] jeopardy has not attached in the
777		-	case;
778		-	(ii) [(B)] the prosecuting attorney
779		-	certifies to the trial court that the appeal is not taken for the
780		-	purpose of delay; and
781		-	(iii) [(C)] the evidence, confession, or
782		-	admission is of substantial importance in the case; or
783		-	(2) if the order denies the transfer of the child under
784		-	Section 54.02 to criminal court for prosecution as an adult.
785		-	SECTION 4.21. Section 58.0052(a)(3), Family Code, is
786		-	amended to read as follows:
787		-	(3) "Multi-system youth" means a person who:
	753	+	(2) "Multi-system youth" means a person who:
788	754		(A) is younger than 20 [19] years of age; and
789	755		(B) has received services from two or more
790	756		juvenile service providers.
791		-	SECTION 4.22. Section 58.253(b), Family Code, is amended to
	757	+	SECTION 4.21. Section 58.0071(d), Family Code, is amended
	758	+	to read as follows:
	759	+	(d) The physical records and files of a juvenile case may
	760	+	only be destroyed if the child who is the respondent in the case:
	761	+	(1) is at least 19 [18] years of age and:
	762	+	(A) the most serious allegation adjudicated was
	763	+	conduct indicating a need for supervision;
	764	+	(B) the most serious allegation was conduct
	765	+	indicating a need for supervision and there was not an
	766	+	adjudication; or
	767	+	(C) the referral or information did not relate to
	768	+	conduct indicating a need for supervision or delinquent conduct and
	769	+	the juvenile court or the court's staff did not take action on the
	770	+	referral or information for that reason;
	771	+	(2) is at least 21 years of age and:
	772	+	(A) the most serious allegation adjudicated was
	773	+	delinquent conduct that violated a penal law of the grade of
	774	+	misdemeanor; or
	775	+	(B) the most serious allegation was delinquent
	776	+	conduct that violated a penal law of the grade of misdemeanor or
	777	+	felony and there was not an adjudication; or
	778	+	(3) is at least 31 years of age and the most serious
	779	+	allegation adjudicated was delinquent conduct that violated a penal
	780	+	law of the grade of felony.
	781	+	SECTION 4.22. Section 58.203(a), Family Code, is amended to
792	782		read as follows:
793		-	(b) A person who was referred to a juvenile probation
794		-	department for delinquent conduct is entitled to have all records
795		-	related to the person's juvenile matters, including records
796		-	relating to any matters involving conduct indicating a need for
797		-	supervision, sealed without applying to the juvenile court if the
798		-	person:
799		-	(1) is at least 20 [19] years of age;
800		-	(2) has not been adjudicated as having engaged in
801		-	delinquent conduct or, if adjudicated for delinquent conduct, was
802		-	not adjudicated for delinquent conduct violating a penal law of the
803		-	grade of felony;
804		-	(3) does not have any pending delinquent conduct
805		-	matters;
806		-	(4) has not been transferred by a juvenile court to a
807		-	criminal court for prosecution under Section 54.02;
808		-	(5) has not as an adult been convicted of a felony or a
809		-	misdemeanor punishable by confinement in jail; and
810		-	(6) does not have any pending charges as an adult for a
811		-	felony or a misdemeanor punishable by confinement in jail.
812		-	SECTION 4.23. Section 58.255(a), Family Code, is amended to
	783	+	(a) The department shall certify to the juvenile probation
	784	+	department to which a referral was made that resulted in
	785	+	information being submitted to the juvenile justice information
	786	+	system that the records relating to a person's juvenile case are
	787	+	subject to automatic restriction of access if:
	788	+	(1) the person is at least 19 [17] years of age;
	789	+	(2) the juvenile case did not include conduct
	790	+	resulting in determinate sentence proceedings in the juvenile court
	791	+	under Section 53.045; and
	792	+	(3) the juvenile case was not certified for trial in
	793	+	criminal court under Section 54.02.
	794	+	SECTION 4.23. Section 58.208, Family Code, is amended to
813	795		read as follows:
814		-	(a) A person who was referred to a juvenile probation
815		-	department for conduct indicating a need for supervision is
816		-	entitled to have all records related to all conduct indicating a
817		-	need for supervision matters sealed without applying to the
818		-	juvenile court if the person:
819		-	(1) is at least 19 [18] years of age;
820		-	(2) has not been referred to the juvenile probation
821		-	department for delinquent conduct;
822		-	(3) has not as an adult been convicted of a felony; and
823		-	(4) does not have any pending charges as an adult for a
824		-	felony or a misdemeanor punishable by confinement in jail.
825		-	SECTION 4.24. Section 58.256(c), Family Code, is amended to
	796	+	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
	797	+	final discharge of a child from the juvenile system or on the last
	798	+	official action in the case, if there is no adjudication, the
	799	+	appropriate juvenile justice official shall provide to the child:
	800	+	(1) a written explanation of how automatic restricted
	801	+	access under this subchapter works;
	802	+	(2) a copy of this subchapter; and
	803	+	(3) a statement that if the child wishes to receive
	804	+	notification of an action restricting access to the child's records
	805	+	under Section 58.207(a), the child must before the child's 19th
	806	+	[17th] birthday provide the juvenile probation department with a
	807	+	current address where the child can receive notification.
	808	+	SECTION 4.24. Section 58.209(a), Family Code, is amended to
826	809		read as follows:
827		-	(c) Except as provided by Subsection (d), the juvenile court
828		-	may order the sealing of records related to all matters for which
829		-	the person was referred to the juvenile probation department if the
830		-	person:
831		-	(1) is at least 19 [18] years of age, or is younger
832		-	than 19 [18] years of age and at least two years have elapsed after
833		-	the date of final discharge in each matter for which the person was
834		-	referred to the juvenile probation department;
835		-	(2) does not have any delinquent conduct matters
836		-	pending with any juvenile probation department or juvenile court;
837		-	(3) was not transferred by a juvenile court to a
838		-	criminal court for prosecution under Section 54.02;
839		-	(4) has not as an adult been convicted of a felony; and
840		-	(5) does not have any pending charges as an adult for a
841		-	felony or a misdemeanor punishable by confinement in jail.
842		-	SECTION 4.25. Section 58.264(b), Family Code, is amended to
	810	+	(a) When a child is placed on probation for an offense that
	811	+	may be eligible for automatic restricted access at age 19 [17] or
	812	+	when a child is received by the Texas Juvenile Justice Department on
	813	+	an indeterminate commitment, a probation officer or an official at
	814	+	the Texas Juvenile Justice Department reception center, as soon as
	815	+	practicable, shall explain the substance of the following
	816	+	information to the child:
	817	+	(1) if the child was adjudicated as having committed
	818	+	delinquent conduct for a felony or jailable misdemeanor, that the
	819	+	child probably has a juvenile record with the department and the
	820	+	Federal Bureau of Investigation;
	821	+	(2) that the child's juvenile record is a permanent
	822	+	record that is not destroyed or erased unless the record is eligible
	823	+	for sealing and the child or the child's family hires a lawyer and
	824	+	files a petition in court to have the record sealed;
	825	+	(3) that the child's juvenile record, other than
	826	+	treatment records made confidential by law, can be accessed by
	827	+	police, sheriff's officers, prosecutors, probation officers,
	828	+	correctional officers, and other criminal and juvenile justice
	829	+	officials in this state and elsewhere;
	830	+	(4) that the child's juvenile record, other than
	831	+	treatment records made confidential by law, can be accessed by
	832	+	employers, educational institutions, licensing agencies, and other
	833	+	organizations when the child applies for employment or educational
	834	+	programs;
	835	+	(5) if the child's juvenile record is placed on
	836	+	restricted access when the child becomes 19 [17] years of age, that
	837	+	access will be denied to employers, educational institutions, and
	838	+	others except for criminal justice agencies;
	839	+	(6) that restricted access does not require any action
	840	+	by the child or the child's family, including the filing of a
	841	+	petition or hiring of a lawyer, but occurs automatically at age 19
	842	+	[17]; and
	843	+	(7) that if the child is under the jurisdiction of the
	844	+	juvenile court or the Texas Juvenile Justice Department on or after
	845	+	the child's 19th [17th] birthday, the law regarding restricted
	846	+	access will not apply until the person is discharged from the
	847	+	jurisdiction of the court or department, as appropriate.
	848	+	SECTION 4.25. Section 58.211(a), Family Code, is amended to
843	849		read as follows:
844		-	(b) The records related to a person referred to a juvenile
845		-	probation department may be destroyed if the person:
846		-	(1) is at least 19 [18] years of age, and:
847		-	(A) the most serious conduct for which the person
848		-	was referred was conduct indicating a need for supervision, whether
849		-	or not the person was adjudicated; or
850		-	(B) the referral or information did not relate to
851		-	conduct indicating a need for supervision or delinquent conduct and
852		-	the juvenile probation department, prosecutor, or juvenile court
853		-	did not take action on the referral or information for that reason;
854		-	(2) is at least 21 years of age, and:
855		-	(A) the most serious conduct for which the person
856		-	was adjudicated was delinquent conduct that violated a penal law of
857		-	the grade of misdemeanor; or
858		-	(B) the most serious conduct for which the person
859		-	was referred was delinquent conduct and the person was not
860		-	adjudicated as having engaged in the conduct; or
861		-	(3) is at least 31 years of age and the most serious
862		-	conduct for which the person was adjudicated was delinquent conduct
863		-	that violated a penal law of the grade of felony.
	850	+	(a) If the department has notified a juvenile probation
	851	+	department that a record has been placed on restricted access and
	852	+	the department later receives information in the department's
	853	+	criminal history system that the subject of the records has been
	854	+	convicted of or placed on deferred adjudication for a felony or a
	855	+	misdemeanor punishable by confinement in jail for an offense
	856	+	committed after the person reached the age of 18 [17], the person's
	857	+	juvenile records are no longer subject to restricted access. The
	858	+	department shall notify the appropriate local juvenile probation
	859	+	departments in the manner described by Section 58.203 that the
	860	+	person's records are no longer subject to restricted access.
864	861		SECTION 4.26. Section 59.005(b), Family Code, is amended to
865	862		read as follows:
866	863		(b) The juvenile court or the probation department shall
867	864		discharge the child from the custody of the probation department on
868	865		the date the provisions of this section are met or on the child's
869	866		19th [18th] birthday, whichever is earlier.
870	867		SECTION 4.27. Section 59.006(b), Family Code, is amended to
871	868		read as follows:
872	869		(b) The juvenile court shall discharge the child from the
873	870		custody of the probation department on the date the provisions of
874	871		this section are met or on the child's 19th [18th] birthday,
875	872		whichever is earlier.
876	873		SECTION 4.28. Section 59.007(b), Family Code, is amended to
877	874		read as follows:
878	875		(b) The juvenile court shall discharge the child from the
879	876		custody of the probation department on the date the provisions of
880	877		this section are met or on the child's 19th [18th] birthday,
881	878		whichever is earlier.
882	879		SECTION 4.29. Section 59.008(b), Family Code, is amended to
883	880		read as follows:
884	881		(b) The juvenile court shall discharge the child from the
885	882		custody of the probation department on the date the provisions of
886	883		this section are met or on the child's 19th [18th] birthday,
887	884		whichever is earlier.
888	885		SECTION 4.30. Section 59.009(c), Family Code, is amended to
889	886		read as follows:
890	887		(c) The Texas Juvenile Justice Department, juvenile board,
891	888		or local juvenile probation department may discharge the child from
892	889		the custody of the department, board, or probation department, as
893	890		applicable, on the date the provisions of this section are met or on
894	891		the child's 20th [19th] birthday, whichever is earlier.
895	892		SECTION 4.31. Section 61.051(c), Family Code, is amended to
896	893		read as follows:
897	894		(c) The juvenile court retains jurisdiction to enter a
898	895		contempt order if the motion for enforcement is filed not later than
899	896		six months after the child's 19th [18th] birthday.
900	897		SECTION 4.32. Section 614.019(b), Health and Safety Code,
901	898		is amended to read as follows:
902	899		(b) A child with mental illness who is receiving continuity
903	900		of care services during parole from the Texas Juvenile Justice
904	901		Department and who is no longer eligible to receive services from a
905	902		local mental health authority when the child becomes 18 [17] years
906	903		of age because the child does not meet the requirements of a local
907	904		service area plan under Section 533.0352(a) may continue to receive
908	905		continuity of care services from the office until the child
909	906		completes the child's parole.
910	907		SECTION 4.33. Section 63.001(1), Human Resources Code, is
911	908		amended to read as follows:
912	909		(1) "Juvenile" means a person from the age of 10 to 20
913	910		[18] years who:
914	911		(A) has been found to have engaged in delinquent
915	912		conduct by a juvenile court; and
916	913		(B) is under the jurisdiction of the juvenile
917	914		court [of competent jurisdiction].
918	915		SECTION 4.34. Section 152.0015, Human Resources Code, is
919	916		amended to read as follows:
920	917		Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
921	918		JUVENILES. A juvenile board shall establish a policy that
922	919		specifies whether a person who has been transferred for criminal
923	920		prosecution under Section 54.02, Family Code, and is younger than
924	921		18 [17] years of age may be detained in a juvenile facility pending
925	922		trial as provided by Section 51.12, Family Code.
926		-	SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
	923	+	SECTION 4.35. Sections 152.0016(e) and (j), Human Resources
	924	+	Code, are amended to read as follows:
	925	+	(e) A juvenile board or a local juvenile probation
	926	+	department shall accept a person properly committed to it by a
	927	+	juvenile court under Section 54.04011, Family Code, in the same
	928	+	manner in which the Texas Juvenile Justice Department accepts a
	929	+	person under Section 54.04(e), Family Code, even though the person
	930	+	may be 18 [17] years of age or older at the time of the commitment.
	931	+	(j) After a child committed to a post-adjudication secure
	932	+	correctional facility with a determinate sentence under Section
	933	+	54.04011(c)(2), Family Code, becomes 16 years of age but before the
	934	+	child becomes 20 [19] years of age, the juvenile board or local
	935	+	juvenile probation department operating or contracting for the
	936	+	operation of the facility may refer the child to the juvenile court
	937	+	that entered the order of commitment for approval of the child's
	938	+	transfer to the Texas Department of Criminal Justice for
	939	+	confinement if the child has not completed the sentence and:
	940	+	(1) the child's conduct, regardless of whether the
	941	+	child was released under supervision through a program established
	942	+	by the board or department, indicates that the welfare of the
	943	+	community requires the transfer; or
	944	+	(2) while the child was released under supervision:
	945	+	(A) a juvenile court adjudicated the child as
	946	+	having engaged in delinquent conduct constituting a felony offense;
	947	+	(B) a criminal court convicted the child of a
	948	+	felony offense; or
	949	+	(C) the child's release under supervision was
	950	+	revoked.
	951	+	SECTION 4.36. Section 201.001(a)(2), Human Resources Code,
927	952		is amended to read as follows:
928		-	(2) "Child" means an individual[:
929		-	[(A)] 10 years of age or older and younger than 20
930		-	[18] years of age who is under the jurisdiction of a juvenile
931		-	court[; or
932		-	[(B) 10 years of age or older and younger than 19
933		-	years of age who is committed to the department under Title 3,
934		-	Family Code].
935		-	SECTION 4.36. Section 243.001(a), Human Resources Code, is
936		-	amended to read as follows:
937		-	(a) The department may not assign a child younger than 16
938		-	[15] years of age to the same correctional facility dormitory as a
939		-	person who is at least 18 [17] years of age unless the department
940		-	determines that the placement is necessary to ensure the safety of
941		-	children in the custody of the department. This subsection does not
942		-	apply to a dormitory that is used exclusively for short-term
943		-	assessment and orientation purposes.
	953	+	(2) "Child" means an individual:
	954	+	(A) 10 years of age or older and younger than 20
	955	+	[18] years of age who is under the jurisdiction of a juvenile court;
	956	+	or
	957	+	(B) 10 years of age or older and younger than 20
	958	+	[19] years of age who is committed to the department under Title 3,
	959	+	Family Code.
944	960		SECTION 4.37. Section 243.051(b), Human Resources Code, is
945	961		amended to read as follows:
946	962		(b) A child who is arrested or taken into custody under
947	963		Subsection (a) may be detained in any suitable place, including an
948	964		adult jail facility if the person is 18 [17] years of age or older,
949	965		until the child is returned to the custody of the department or
950	966		transported to a department facility.
951	967		SECTION 4.38. Section 244.014(a), Human Resources Code, is
952	968		amended to read as follows:
953	969		(a) After a child sentenced to commitment under Section
954		-	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes ~~17 [16]~~
955		-	~~years~~ of age but before the child becomes 20 [19] years of age, the
	970	+	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
	971	+	of age but before the child becomes 20 [19] years of age, the
956	972		department may refer the child to the juvenile court that entered
957	973		the order of commitment for approval of the child's transfer to the
958	974		Texas Department of Criminal Justice for confinement if:
959	975		(1) the child has not completed the sentence; and
960	976		(2) the child's conduct, regardless of whether the
961	977		child was released under supervision under Section 245.051,
962	978		indicates that the welfare of the community requires the transfer.
963	979		SECTION 4.39. Section 244.015, Human Resources Code, is
964	980		amended to read as follows:
965	981		Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
966	982		DETERMINATE SENTENCES. (a) When a child who is sentenced to
967	983		commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
968	984		Family Code, becomes 19 [18] years of age, the department shall
969	985		evaluate whether the child is in need of additional services that
970	986		can be completed in the six-month period after the child's 19th
971	987		[18th] birthday to prepare the child for release from the custody of
972	988		the department or transfer to the Texas Department of Criminal
973	989		Justice.
974	990		(b) This section does not apply to a child who is released
975	991		from the custody of the department or who is transferred to the
976	992		Texas Department of Criminal Justice before the child's 19th [18th]
977	993		birthday.
978	994		SECTION 4.40. Section 245.053(i), Human Resources Code, is
979	995		amended to read as follows:
980	996		(i) If the department requires as a condition of release
981	997		that a child attend psychological counseling under Subsection (a),
982	998		the department may, before the date the period of release ends,
983	999		petition the appropriate court to request the court to extend the
984	1000		period of release for an additional period necessary to complete
985	1001		the required counseling as determined by the treatment provider,
986	1002		except that the release period may not be extended to a date after
987	1003		the date of the child's 19th [18th] birthday.
988	1004		SECTION 4.41. Sections 245.151(d) and (e), Human Resources
989	1005		Code, are amended to read as follows:
990	1006		(d) Except as provided by Subsection (e), the department
991	1007		shall discharge from its custody a person not already discharged on
992	1008		the person's 20th [19th] birthday.
993	1009		(e) The department shall transfer a person who has been
994	1010		sentenced under a determinate sentence to commitment under Section
995	1011		54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
996	1012		returned to the department under Section 54.11(i)(1), Family Code,
997	1013		to the custody of the Texas Department of Criminal Justice on the
998	1014		person's 20th [19th] birthday, if the person has not already been
999	1015		discharged or transferred, to serve the remainder of the person's
1000	1016		sentence on parole as provided by Section 508.156, Government Code.
1001	1017		SECTION 4.42. (a) Except as provided by Subsection (b) of
1002	1018		this section, the changes in law made by this article apply only to
1003	1019		procedures relating to conduct that occurs on or after September 1,
1004	1020		2020. Procedures relating to conduct that occurred before
1005	1021		September 1, 2020, are governed by the law in effect on the date the
1006	1022		conduct occurred, and the former law is continued in effect for that
1007	1023		purpose.
1008	1024		(b) The change in law made by this article to Section
1009	1025		58.0052, Family Code, applies to the sharing of information on or
1010	1026		after September 1, 2020, without regard to whether the information
1011	1027		was compiled before, on, or after that date.
1012	1028		(c) For purposes of this section, conduct occurred before
1013	1029		September 1, 2020, if any element of the conduct occurred before
1014	1030		that date.
1015	1031		ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1016	1032		RESPONSIBILITY
1017	1033		SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1018	1034		is amended to read as follows:
1019	1035		(5) "Confidential criminal record information of a
1020	1036		child" means information about a person's involvement in the
1021	1037		criminal justice system resulting from conduct that occurred or was
1022	1038		alleged to occur when the person was younger than 18 [17] years of
1023	1039		age that is confidential under Chapter 45, Code of Criminal
1024	1040		Procedure, or other law. The term does not include:
1025	1041		(A) criminal record information of a person
1026	1042		certified to stand trial as an adult for that conduct, as provided
1027	1043		by Section 54.02, Family Code; or
1028	1044		(B) information relating to a traffic offense.
1029	1045		SECTION 5.02. Section 65.251(b), Family Code, is amended to
1030	1046		read as follows:
1031	1047		(b) If a child fails to obey an order issued by a truancy
1032	1048		court under Section 65.103(a) or a child is in direct contempt of
1033	1049		court and the child has failed to obey an order or has been found in
1034	1050		direct contempt of court on two or more previous occasions, the
1035	1051		truancy court, after providing notice and an opportunity for a
1036	1052		hearing, may refer the child to the juvenile probation department
1037	1053		as a request for truancy intervention, unless the child failed to
1038	1054		obey the truancy court order or was in direct contempt of court
1039	1055		while 18 [17] years of age or older.
1040	1056		SECTION 5.03. Section 79.001(10), Government Code, is
1041	1057		amended to read as follows:
1042	1058		(10) "Juvenile offense" means conduct committed by a
1043	1059		person while younger than 18 [17] years of age that constitutes:
1044	1060		(A) a misdemeanor punishable by confinement; or
1045	1061		(B) a felony.
1046		-	SECTION 5.04. Section 511.009(a), Government Code, is
1047		-	amended to read as follows:
	1062	+	SECTION 5.04. Section 511.009(a), Government Code, as
	1063	+	amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.
	1064	+	634), Acts of the 84th Legislature, Regular Session, 2015, is
	1065	+	reenacted and amended to read as follows:
1048	1066		(a) The commission shall:
1049	1067		(1) adopt reasonable rules and procedures
1050	1068		establishing minimum standards for the construction, equipment,
1051	1069		maintenance, and operation of county jails;
1052	1070		(2) adopt reasonable rules and procedures
1053	1071		establishing minimum standards for the custody, care, and treatment
1054	1072		of prisoners;
1055	1073		(3) adopt reasonable rules establishing minimum
1056	1074		standards for the number of jail supervisory personnel and for
1057	1075		programs and services to meet the needs of prisoners;
1058	1076		(4) adopt reasonable rules and procedures
1059	1077		establishing minimum requirements for programs of rehabilitation,
1060	1078		education, and recreation in county jails;
1061	1079		(5) revise, amend, or change rules and procedures if
1062	1080		necessary;
1063	1081		(6) provide to local government officials
1064	1082		consultation on and technical assistance for county jails;
1065	1083		(7) review and comment on plans for the construction
1066	1084		and major modification or renovation of county jails;
1067	1085		(8) require that the sheriff and commissioners of each
1068	1086		county submit to the commission, on a form prescribed by the
1069	1087		commission, an annual report on the conditions in each county jail
1070	1088		within their jurisdiction, including all information necessary to
1071	1089		determine compliance with state law, commission orders, and the
1072	1090		rules adopted under this chapter;
1073	1091		(9) review the reports submitted under Subdivision (8)
1074	1092		and require commission employees to inspect county jails regularly
1075	1093		to ensure compliance with state law, commission orders, and rules
1076	1094		and procedures adopted under this chapter;
1077	1095		(10) adopt a classification system to assist sheriffs
1078	1096		and judges in determining which defendants are low-risk and
1079	1097		consequently suitable participants in a county jail work release
1080	1098		program under Article 42.034, Code of Criminal Procedure;
1081	1099		(11) adopt rules relating to requirements for
1082	1100		segregation of classes of inmates and to capacities for county
1083	1101		jails;
1084	1102		(12) require that the chief jailer of each municipal
1085	1103		lockup submit to the commission, on a form prescribed by the
1086	1104		commission, an annual report of persons under 18 [17] years of age
1087	1105		securely detained in the lockup, including all information
1088	1106		necessary to determine compliance with state law concerning secure
1089	1107		confinement of children in municipal lockups;
1090	1108		(13) at least annually determine whether each county
1091	1109		jail is in compliance with the rules and procedures adopted under
1092	1110		this chapter;
1093	1111		(14) require that the sheriff and commissioners court
1094	1112		of each county submit to the commission, on a form prescribed by the
1095	1113		commission, an annual report of persons under 18 [17] years of age
1096	1114		securely detained in the county jail, including all information
1097	1115		necessary to determine compliance with state law concerning secure
1098	1116		confinement of children in county jails;
1099	1117		(15) schedule announced and unannounced inspections
1100	1118		of jails under the commission's jurisdiction using the risk
1101	1119		assessment plan established under Section 511.0085 to guide the
1102	1120		inspections process;
1103	1121		(16) adopt a policy for gathering and distributing to
1104	1122		jails under the commission's jurisdiction information regarding:
1105	1123		(A) common issues concerning jail
1106	1124		administration;
1107	1125		(B) examples of successful strategies for
1108	1126		maintaining compliance with state law and the rules, standards, and
1109	1127		procedures of the commission; and
1110	1128		(C) solutions to operational challenges for
1111	1129		jails;
1112	1130		(17) report to the Texas Correctional Office on
1113	1131		Offenders with Medical or Mental Impairments on a jail's compliance
1114	1132		with Article 16.22, Code of Criminal Procedure;
1115	1133		(18) adopt reasonable rules and procedures
1116	1134		establishing minimum requirements for jails to:
1117	1135		(A) determine if a prisoner is pregnant; and
1118	1136		(B) ensure that the jail's health services plan
1119	1137		addresses medical and mental health care, including nutritional
1120	1138		requirements, and any special housing or work assignment needs for
1121	1139		persons who are confined in the jail and are known or determined to
1122	1140		be pregnant;
1123	1141		(19) provide guidelines to sheriffs regarding
1124	1142		contracts between a sheriff and another entity for the provision of
1125	1143		food services to or the operation of a commissary in a jail under
1126	1144		the commission's jurisdiction, including specific provisions
1127	1145		regarding conflicts of interest and avoiding the appearance of
1128		-	impropriety;
	1146	+	impropriety; [and]
1129	1147		(20) adopt reasonable rules and procedures
1130	1148		establishing minimum standards for prisoner visitation that
1131	1149		provide each prisoner at a county jail with a minimum of two
1132	1150		in-person, noncontact visitation periods per week of at least 20
1133	1151		minutes duration each;
1134		-	(21) require the sheriff of each county to:
	1152	+	(21) [(20)] require the sheriff of each county to:
1135	1153		(A) investigate and verify the veteran status of
1136	1154		each prisoner by using data made available from the Veterans
1137	1155		Reentry Search Service (VRSS) operated by the United States
1138	1156		Department of Veterans Affairs or a similar service; and
1139	1157		(B) use the data described by Paragraph (A) to
1140	1158		assist prisoners who are veterans in applying for federal benefits
1141	1159		or compensation for which the prisoners may be eligible under a
1142	1160		program administered by the United States Department of Veterans
1143		-	Affairs;
1144		-	(22) adopt reasonable rules and procedures ~~regarding~~
1145		-	visitation of a prisoner at a county jail by a guardian, ~~as defined~~
1146		-	by Section 1002.012, Estates Code, that:
	1161	+	Affairs; and
	1162	+	(22) [(20)] adopt reasonable rules and procedures
	1163	+	regarding visitation of a prisoner at a county jail by a guardian,
	1164	+	as defined by Section 1002.012, Estates Code, that:
1147	1165		(A) allow visitation by a guardian to the same
1148	1166		extent as the prisoner's next of kin, including placing the
1149	1167		guardian on the prisoner's approved visitors list on the guardian's
1150	1168		request and providing the guardian access to the prisoner during a
1151	1169		facility's standard visitation hours if the prisoner is otherwise
1152	1170		eligible to receive visitors; and
1153	1171		(B) require the guardian to provide the sheriff
1154	1172		with letters of guardianship issued as provided by Section
1155		-	1106.001, Estates Code, before being allowed to visit the prisoner;
1156		-	and
1157		-	(23) adopt reasonable rules and procedures to ensure
1158		-	the safety of prisoners, including rules and procedures that
1159		-	require a county jail to:
1160		-	(A) give prisoners the ability to access a mental
1161		-	health professional at the jail through a telemental health service
1162		-	24 hours a day;
1163		-	(B) give prisoners the ability to access a health
1164		-	professional at the jail or through a telehealth service 24 hours a
1165		-	day or, if a health professional is unavailable at the jail or
1166		-	through a telehealth service, provide for a prisoner to be
1167		-	transported to access a health professional; and
1168		-	(C) if funding is available under Section
1169		-	511.019, install automated electronic sensors or cameras to ensure
1170		-	accurate and timely in-person checks of cells or groups of cells
1171		-	confining at-risk individuals.
1172		-	SECTION 5.05. Section 351.903(a), Local Government Code, is
1173		-	amended to read as follows:
1174		-	(a) To provide for the public safety, the commissioners
1175		-	court of a county by order may adopt a curfew to regulate the
1176		-	movements or actions of persons under 18 [17] years of age during
1177		-	the period beginning one-half hour after sunset and extending until
1178		-	one-half hour before sunrise or during school hours, or both. The
1179		-	order applies only to the unincorporated area of the county.
1180		-	SECTION 5.06. Section 521.201, Transportation Code, is
	1173	+	1106.001, Estates Code, before being allowed to visit the prisoner.
	1174	+	SECTION 5.05. Section 521.201, Transportation Code, is
1181	1175		amended to read as follows:
1182	1176		Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1183	1177		department may not issue any license to a person who:
1184	1178		(1) is under 15 years of age;
1185	1179		(2) is under 18 years of age unless the person complies
1186	1180		with the requirements imposed by Section 521.204;
1187	1181		(3) is shown to be addicted to the use of alcohol, a
1188	1182		controlled substance, or another drug that renders a person
1189	1183		incapable of driving;
1190	1184		(4) holds a driver's license issued by this state or
1191	1185		another state or country that is revoked, canceled, or under
1192	1186		suspension;
1193	1187		(5) has been determined by a judgment of a court to be
1194	1188		totally incapacitated or incapacitated to act as the operator of a
1195	1189		motor vehicle unless the person has, by the date of the license
1196	1190		application, been:
1197	1191		(A) restored to capacity by judicial decree; or
1198	1192		(B) released from a hospital for the mentally
1199	1193		incapacitated on a certificate by the superintendent or
1200	1194		administrator of the hospital that the person has regained
1201	1195		capacity;
1202	1196		(6) the department determines to be afflicted with a
1203	1197		mental or physical disability or disease that prevents the person
1204	1198		from exercising reasonable and ordinary control over a motor
1205	1199		vehicle while operating the vehicle on a highway, except that a
1206	1200		person may not be refused a license because of a physical defect if
1207	1201		common experience shows that the defect does not incapacitate a
1208	1202		person from safely operating a motor vehicle;
1209	1203		(7) has been reported by a court under Section
1210	1204		521.3452 for failure to appear unless the court has filed an
1211	1205		additional report on final disposition of the case; or
1212	1206		(8) has been reported by a court for failure to appear
1213	1207		or default in payment of a fine for a misdemeanor that is not
1214	1208		covered under Subdivision (7) and that is punishable by a fine only,
1215	1209		including a misdemeanor under a municipal ordinance, committed by a
1216	1210		person who was under 18 [17] years of age at the time of the alleged
1217	1211		offense, unless the court has filed an additional report on final
1218	1212		disposition of the case.
1219		-	SECTION 5.07. Section 65.251(b), Family Code, and Section
1220		-	521.201, Transportation Code, as amended by this article, apply
1221		-	only to an offense committed or conduct that occurred on or after
1222		-	September 1, 2020. An offense committed or conduct that occurred
1223		-	before September 1, 2020, is governed by the law in effect on the
1224		-	date the offense was committed or the conduct occurred, and the
1225		-	former law is continued in effect for that purpose. For purposes of
1226		-	this section, an offense was committed or conduct occurred before
1227		-	September 1, 2020, if any element of the offense or conduct occurred
	1213	+	SECTION 5.06. Section 521.294, Transportation Code, is
	1214	+	amended to read as follows:
	1215	+	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
	1216	+	REVOCATION. The department shall revoke the person's license if
	1217	+	the department determines that the person:
	1218	+	(1) is incapable of safely operating a motor vehicle;
	1219	+	(2) has not complied with the terms of a citation
	1220	+	issued by a jurisdiction that is a party to the Nonresident Violator
	1221	+	Compact of 1977 for a traffic violation to which that compact
	1222	+	applies;
	1223	+	(3) has failed to provide medical records or has
	1224	+	failed to undergo medical or other examinations as required by a
	1225	+	panel of the medical advisory board;
	1226	+	(4) has failed to pass an examination required by the
	1227	+	director under this chapter;
	1228	+	(5) has been reported by a court under Section
	1229	+	521.3452 for failure to appear unless the court files an additional
	1230	+	report on final disposition of the case;
	1231	+	(6) has been reported within the preceding two years
	1232	+	by a justice or municipal court for failure to appear or for a
	1233	+	default in payment of a fine for a misdemeanor punishable only by
	1234	+	fine, other than a failure reported under Section 521.3452,
	1235	+	committed by a person who is at least 14 years of age but younger
	1236	+	than 18 [17] years of age when the offense was committed, unless the
	1237	+	court files an additional report on final disposition of the case;
	1238	+	or
	1239	+	(7) has committed an offense in another state or
	1240	+	Canadian province that, if committed in this state, would be
	1241	+	grounds for revocation.
	1242	+	SECTION 5.07. Section 109.001(5), Business & Commerce Code,
	1243	+	and Sections 521.201 and 521.294, Transportation Code, as amended
	1244	+	by this article, apply only to an offense committed on or after
	1245	+	September 1, 2020. An offense committed before September 1, 2020,
	1246	+	is governed by the law in effect on the date the offense was
	1247	+	committed, and the former law is continued in effect for that
	1248	+	purpose. For purposes of this section, an offense was committed
	1249	+	before September 1, 2020, if any element of the offense occurred
1228	1250		before that date.
1229	1251		ARTICLE 6. ADVISORY COMMITTEE
1230	1252		SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1231	1253		Not later than December 1, 2019, the Texas Juvenile Justice Board
1232	1254		shall appoint an advisory committee to monitor and evaluate
1233	1255		implementation of this Act.
1234	1256		(b) In making appointments to the advisory committee, the
1235	1257		board shall include members who are interested parties, including:
1236	1258		(1) the executive director of the Texas Juvenile
1237	1259		Justice Department or the executive director's designee;
1238	1260		(2) the director of probation services of the Texas
1239	1261		Juvenile Justice Department or the director's designee;
1240	1262		(3) the executive commissioner of the Health and Human
1241	1263		Services Commission or the executive commissioner's designee;
1242	1264		(4) one representative of county commissioners courts
1243	1265		appointed by the board;
1244	1266		(5) two juvenile court judges appointed by the board;
1245	1267		(6) seven chief juvenile probation officers appointed
1246	1268		by the board as provided by Subsection (c) of this section;
1247	1269		(7) juvenile prosecutors;
1248	1270		(8) juvenile defense attorneys;
1249	1271		(9) juvenile justice advocates; and
1250	1272		(10) individuals who were adjudicated for juvenile
1251	1273		offenses in this state or who were prosecuted as adults for offenses
1252	1274		committed when they were 17 years old, or their family members.
1253		-	(c) The board shall appoint to the advisory ~~committee~~ one
	1275	+	(c) The board shall appoint to the advisory council one
1254	1276		chief juvenile probation officer from each regional chiefs
1255	1277		association in this state from a list of nominees submitted to the
1256	1278		board by each regional chiefs association. To the greatest extent
1257	1279		practicable, a regional chiefs association shall include in the
1258	1280		association's list of nominees:
1259	1281		(1) one chief juvenile probation officer of a juvenile
1260	1282		probation department serving a county with a population that
1261	1283		includes fewer than 7,500 persons younger than 18 years of age;
1262	1284		(2) one chief juvenile probation officer of a juvenile
1263	1285		probation department serving a county with a population that
1264	1286		includes at least 7,500 but fewer than 80,000 persons younger than
1265	1287		18 years of age; and
1266	1288		(3) one chief juvenile probation officer of a juvenile
1267	1289		probation department serving a county with a population that
1268	1290		includes 80,000 or more persons younger than 18 years of age.
1269	1291		(d) The board shall designate one of the members as
1270	1292		presiding officer of the advisory committee.
1271	1293		(e) The advisory committee shall assist the Texas Juvenile
1272	1294		Justice Department in evaluating and monitoring the implementation
1273	1295		of this Act, which includes determining the needs and problems of
1274	1296		county juvenile boards and probation departments, and offer
1275	1297		recommendations to meet identified needs and problems.
1276	1298		(f) Members of the advisory committee serve without
1277	1299		compensation and are not entitled to reimbursement for expenses.
1278	1300		(g) The advisory committee is not subject to Chapter 2110,
1279	1301		Government Code.
1280	1302		(h) The advisory committee is abolished and this article
1281		-	expires June 1, 2021.
1282		-	ARTICLE 7. EFFECTIVE DATES
1283		-	SECTION 7.01. (a) Except as provided by Subsection (b) of
	1303	+	expires June 1, 2022.
	1304	+	ARTICLE 7. TRANSITION AND EFFECTIVE DATES
	1305	+	SECTION 7.01. To the extent of any conflict, this Act
	1306	+	prevails over another Act of the 86th Legislature, Regular Session,
	1307	+	2019, relating to nonsubstantive additions to and corrections in
	1308	+	enacted codes.
	1309	+	SECTION 7.02. (a) Except as provided by Subsection (b) of
1284	1310		this section, this Act takes effect September 1, 2020.
1285	1311		(b) Article 6 of this Act takes effect September 1, 2019.
1286		-	SECTION 7.02. (a) Except as provided by Subsection (b) of
1287		-	this section, this Act takes effect September 1, 2021.