Texas 2019 - 86th Regular

Texas House Bill HB4268 Compare Versions

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

Old	New	Differences
1	1	86R14422 ADM-D
2	2	By: Wu H.B. No. 4268
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age of criminal responsibility and to certain
8	8	substantive and procedural matters related to that age.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
11	11	SECTION 1.01. Section 51.02(2), Family Code, is amended to
12	12	read as follows:
13	13	(2) "Child" means a person who is:
14	14	(A) 10 [ten] years of age or older and under 18
15	15	[17] years of age; or
16	16	(B) 18 [seventeen] years of age or older and
17	17	under 20 [18] years of age who is:
18	18	(i) alleged or found to have engaged in
19	19	delinquent conduct or conduct indicating a need for supervision as
20	20	a result of acts committed before becoming 18 [17] years of age; and
21	21	(ii) under the jurisdiction of a juvenile
22	22	court.
23	23	SECTION 1.02. Section 8.07(b), Penal Code, is amended to
24	24	read as follows:
25	25	(b) Unless the juvenile court waives jurisdiction under
26	26	Section 54.02, Family Code, and certifies the individual for
27	27	criminal prosecution or the juvenile court has previously waived
28	28	jurisdiction under that section and certified the individual for
29	29	criminal prosecution, a person may not be prosecuted for or
30	30	convicted of any offense committed before reaching 18 [17] years of
31	31	age except an offense described by Subsections (a)(1)-(5).
32	32	SECTION 1.03. The changes in law made by this article apply
33	33	only to an offense committed or conduct that occurs on or after
34	34	September 1, 2019. An offense committed or conduct that occurred
35	35	before September 1, 2019, is governed by the law in effect on the
36	36	date the offense was committed or the conduct occurred, and the
37	37	former law is continued in effect for that purpose. For purposes of
38	38	this section, an offense was committed or conduct occurred before
39	39	September 1, 2019, if any element of the offense or conduct occurred
40	40	before that date.
41	41	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
42	42	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
43	43	read as follows:
44	44	(e) An offense under this section is one category lower than
45	45	the solicited offense, except that an offense under this section is
46	46	the same category as the solicited offense if it is shown on the
47	47	trial of the offense that the actor:
48	48	(1) was at the time of the offense 18 [17] years of age
49	49	or older and a member of a criminal street gang, as defined by
50	50	Section 71.01; and
51	51	(2) committed the offense with the intent to:
52	52	(A) further the criminal activities of the
53	53	criminal street gang; or
54	54	(B) avoid detection as a member of a criminal
55	55	street gang.
56	56	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
57	57	read as follows:
58	58	(b) A person commits an offense if:
59	59	(1) during a period that is 30 or more days in
60	60	duration, the person commits two or more acts of sexual abuse,
61	61	regardless of whether the acts of sexual abuse are committed
62	62	against one or more victims; and
63	63	(2) at the time of the commission of each of the acts
64	64	of sexual abuse, the actor is 18 [17] years of age or older and the
65	65	victim is a child younger than 14 years of age, regardless of
66	66	whether the actor knows the age of the victim at the time of the
67	67	offense.
68	68	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
69	69	read as follows:
70	70	(b) A person who is 18 [17] years of age or older commits an
71	71	offense if, with the intent to commit an offense listed in Article
72	72	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
73	73	over the Internet, by electronic mail or text message or other
74	74	electronic message service or system, or through a commercial
75	75	online service, intentionally:
76	76	(1) communicates in a sexually explicit manner with a
77	77	minor; or
78	78	(2) distributes sexually explicit material to a minor.
79	79	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
80	80	read as follows:
81	81	(c) Except as provided by Subsection (d), the punishment
82	82	prescribed for an offense described by Subsection (b) is increased
83	83	to the punishment prescribed for the next highest category of
84	84	offense if the actor is 18 [17] years of age or older and it is shown
85	85	beyond a reasonable doubt on the trial of the offense that the actor
86	86	committed the offense at a location that was:
87	87	(1) in, on, or within 1,000 feet of any:
88	88	(A) real property that is owned, rented, or
89	89	leased by a school or school board;
90	90	(B) premises owned, rented, or leased by an
91	91	institution of higher education;
92	92	(C) premises of a public or private youth center;
93	93	or
94	94	(D) playground;
95	95	(2) in, on, or within 300 feet of any:
96	96	(A) shopping mall;
97	97	(B) movie theater;
98	98	(C) premises of a public swimming pool; or
99	99	(D) premises of a video arcade facility; or
100	100	(3) on a school bus.
101	101	SECTION 2.05. Sections 545.424(b) and (b-1),
102	102	Transportation Code, are amended to read as follows:
103	103	(b) A person under 18 [17] years of age who holds a
104	104	restricted motorcycle license or moped license may not operate a
105	105	motorcycle or moped while using a wireless communication device,
106	106	except in case of emergency. This subsection does not apply to a
107	107	person licensed by the Federal Communications Commission while
108	108	operating a radio frequency device other than a wireless
109	109	communication device.
110	110	(b-1) A person under 18 [17] years of age who holds a
111	111	restricted motorcycle license or moped license, during the 12-month
112	112	period following the issuance of an original motorcycle license or
113	113	moped license to the person, may not operate a motorcycle or moped
114	114	after midnight and before 5 a.m. unless:
115	115	(1) the person is in sight of the person's parent or
116	116	guardian; or
117	117	(2) the operation of the vehicle is necessary for the
118	118	operator to attend or participate in employment or a school-related
119	119	activity or because of a medical emergency.
120	120	SECTION 2.06. Section 729.001(a), Transportation Code, is
121	121	amended to read as follows:
122	122	(a) A person who is younger than 18 [17] years of age commits
123	123	an offense if the person operates a motor vehicle on a public road
124	124	or highway, a street or alley in a municipality, or a public beach
125	125	in violation of any traffic law of this state, including:
126	126	(1) Chapter 502, other than Section [502.282 or]
127	127	502.412;
128	128	(2) Chapter 521, other than an offense under Section
129	129	521.457;
130	130	(3) Subtitle C, other than an offense punishable by
131	131	imprisonment or by confinement in jail under Section 550.021,
132	132	550.022, 550.024, or 550.025;
133	133	(4) Chapter 601;
134	134	(5) Chapter 621;
135	135	(6) Chapter 661; and
136	136	(7) Chapter 681.
137	137	SECTION 2.07. Section 729.002, Transportation Code, is
138	138	amended to read as follows:
139	139	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
140	140	LICENSE. (a) A person who is younger than 18 [17] years of age
141	141	commits an offense if the person operates a motor vehicle without a
142	142	driver's license authorizing the operation of a motor vehicle on a:
143	143	(1) public road or highway;
144	144	(2) street or alley in a municipality; or
145	145	(3) public beach as defined by Section 729.001.
146	146	(b) An offense under this section is punishable in the same
147	147	manner as if the person was 18 [17] years of age or older and
148	148	operated a motor vehicle without a license as described by
149	149	Subsection (a), except that an offense under this section is not
150	150	punishable by confinement or imprisonment.
151	151	SECTION 2.08. The changes in law made by this article apply
152	152	only to an offense committed on or after September 1, 2019. An
153	153	offense committed before September 1, 2019, is governed by the law
154	154	in effect on the date the offense was committed, and the former law
155	155	is continued in effect for that purpose. For purposes of this
156	156	section, an offense was committed before September 1, 2019, if any
157	157	element of the offense occurred before that date.
158	158	ARTICLE 3. CRIMINAL PROCEDURES
159	159	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
160	160	amended to read as follows:
161	161	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
162	162	ADULT. (a) Notwithstanding the order of a juvenile court to
163	163	detain a person under the age of 18 [17] who has been certified to
164	164	stand trial as an adult in a certified juvenile detention facility
165	165	under Section 54.02(h), Family Code, the judge of the criminal
166	166	court having jurisdiction over the person may order the person to be
167	167	transferred to an adult facility. A child who is transferred to an
168	168	adult facility must be detained under conditions meeting the
169	169	requirements of Section 51.12, Family Code.
170	170	(b) On the 18th [17th] birthday of a person described by
171	171	Subsection (a) who is detained in a certified juvenile detention
172	172	facility under Section 54.02(h), Family Code, the judge of the
173	173	criminal court having jurisdiction over the person shall order the
174	174	person to be transferred to an adult facility.
175	175	SECTION 3.02. Article 45.0215(a), Code of Criminal
176	176	Procedure, is amended to read as follows:
177	177	(a) This article applies to a defendant who has not had the
178	178	disabilities of minority removed and [has been:
179	179	[(1) charged with an offense other than an offense
180	180	under Section 43.261, Penal Code, if the defendant is younger than
181	181	17 years of age; or
182	182	[(2) charged with an offense under Section 43.261,
183	183	Penal Code, if the defendant] is younger than 18 years of age.
184	184	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
185	185	Procedure, are amended to read as follows:
186	186	(b) A person may apply to the court in which the person was
187	187	convicted to have the conviction expunged as provided by this
188	188	article on or after the person's 18th [17th] birthday if:
189	189	(1) the person was convicted of not more than one
190	190	offense described by Section 8.07(a)(4) or (5), Penal Code, while
191	191	the person was a child; or
192	192	(2) the person was convicted only once of an offense
193	193	under Section 43.261, Penal Code.
194	194	(h) Records of a person under 18 [17] years of age relating
195	195	to a complaint may be expunged under this article if:
196	196	(1) the complaint was dismissed under Article 45.051
197	197	or 45.052 or other law; or
198	198	(2) the person was acquitted of the offense.
199	199	SECTION 3.04. Article 45.045(b), Code of Criminal
200	200	Procedure, is amended to read as follows:
201	201	(b) A capias pro fine may not be issued for an individual
202	202	convicted for an offense committed before the individual's 18th
203	203	[17th] birthday unless:
204	204	(1) the individual is 18 [17] years of age or older;
205	205	(2) the court finds that the issuance of the capias pro
206	206	fine is justified after considering:
207	207	(A) the sophistication and maturity of the
208	208	individual;
209	209	(B) the criminal record and history of the
210	210	individual; and
211	211	(C) the reasonable likelihood of bringing about
212	212	the discharge of the judgment through the use of procedures and
213	213	services currently available to the court; and
214	214	(3) the court has proceeded under Article 45.050 to
215	215	compel the individual to discharge the judgment.
216	216	SECTION 3.05. Article 45.0492(a), Code of Criminal
217	217	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
218	218	Legislature, Regular Session, 2011, is amended to read as follows:
219	219	(a) This article applies only to a defendant younger than 18
220	220	[17] years of age who is assessed a fine or costs for a Class C
221	221	misdemeanor occurring in a building or on the grounds of the primary
222	222	or secondary school at which the defendant was enrolled at the time
223	223	of the offense.
224	224	SECTION 3.06. Article 45.0492(a), Code of Criminal
225	225	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
226	226	Legislature, Regular Session, 2011, is amended to read as follows:
227	227	(a) This article applies only to a defendant younger than 18
228	228	[17] years of age who is assessed a fine or costs for a Class C
229	229	misdemeanor.
230	230	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
231	231	Criminal Procedure, are amended to read as follows:
232	232	(d) A justice or municipal court may hold a person in
233	233	contempt and impose a remedy authorized by Subsection (c)(2) if:
234	234	(1) the person was convicted for an offense committed
235	235	before the person's 18th [17th] birthday;
236	236	(2) the person failed to obey the order while the
237	237	person was 18 [17] years of age or older; and
238	238	(3) the failure to obey occurred under circumstances
239	239	that constitute contempt of court.
240	240	(e) A justice or municipal court may hold a person in
241	241	contempt and impose a remedy authorized by Subsection (c)(2) if the
242	242	person, while younger than 18 [17] years of age, engaged in conduct
243	243	in contempt of an order issued by the justice or municipal court,
244	244	but contempt proceedings could not be held before the person's 18th
245	245	[17th] birthday.
246	246	(g) A justice or municipal court may not refer a child who
247	247	violates a court order while 18 [17] years of age or older to a
248	248	juvenile court for delinquency proceedings for contempt of court.
249	249	SECTION 3.08. Article 45.057(h), Code of Criminal
250	250	Procedure, is amended to read as follows:
251	251	(h) A child and parent required to appear before the court
252	252	have an obligation to provide the court in writing with the current
253	253	address and residence of the child. The obligation does not end
254	254	when the child reaches age 18 [17]. On or before the seventh day
255	255	after the date the child or parent changes residence, the child or
256	256	parent shall notify the court of the current address in the manner
257	257	directed by the court. A violation of this subsection may result in
258	258	arrest and is a Class C misdemeanor. The obligation to provide
259	259	notice terminates on discharge and satisfaction of the judgment or
260	260	final disposition not requiring a finding of guilt.
261	261	SECTION 3.09. Article 45.058(h), Code of Criminal
262	262	Procedure, is amended to read as follows:
263	263	(h) In this article, "child" means a person who is:
264	264	(1) at least 10 years of age and younger than 18 [17]
265	265	years of age; and
266	266	(2) charged with or convicted of an offense that a
267	267	justice or municipal court has jurisdiction of under Article 4.11
268	268	or 4.14.
269	269	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
270	270	Criminal Procedure, are amended to read as follows:
271	271	(a) Except as provided by Articles 45.058 and 45.059, an
272	272	individual may not be taken into secured custody for offenses
273	273	alleged to have occurred before the individual's 18th [17th]
274	274	birthday.
275	275	(b) On or after an individual's 18th [17th] birthday, if the
276	276	court has used all available procedures under this chapter to
277	277	secure the individual's appearance to answer allegations made
278	278	before the individual's 18th [17th] birthday, the court may issue a
279	279	notice of continuing obligation to appear by personal service or by
280	280	mail to the last known address and residence of the individual. The
281	281	notice must order the individual to appear at a designated time,
282	282	place, and date to answer the allegations detailed in the notice.
283	283	(e) A notice of continuing obligation to appear issued under
284	284	this article must contain the following statement provided in
285	285	boldfaced type or capital letters:
286	286	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
287	287	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
288	288	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
289	289	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
290	290	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
291	291	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
292	292	FOR YOUR ARREST."
293	293	SECTION 3.11. Article 62.001(6), Code of Criminal
294	294	Procedure, is amended to read as follows:
295	295	(6) "Sexually violent offense" means any of the
296	296	following offenses committed by a person 18 [17] years of age or
297	297	older:
298	298	(A) an offense under Section 21.02 (Continuous
299	299	sexual abuse of young child or children), 21.11(a)(1) (Indecency
300	300	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
301	301	sexual assault), Penal Code;
302	302	(B) an offense under Section 43.25 (Sexual
303	303	performance by a child), Penal Code;
304	304	(C) an offense under Section 20.04(a)(4)
305	305	(Aggravated kidnapping), Penal Code, if the defendant committed the
306	306	offense with intent to violate or abuse the victim sexually;
307	307	(D) an offense under Section 30.02 (Burglary),
308	308	Penal Code, if the offense is punishable under Subsection (d) of
309	309	that section and the defendant committed the offense with intent to
310	310	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
311	311	or
312	312	(E) an offense under the laws of another state,
313	313	federal law, the laws of a foreign country, or the Uniform Code of
314	314	Military Justice if the offense contains elements that are
315	315	substantially similar to the elements of an offense listed under
316	316	Paragraph (A), (B), (C), or (D).
317	317	SECTION 3.12. Article 62.351(a), Code of Criminal
318	318	Procedure, is amended to read as follows:
319	319	(a) During or after disposition of a case under Section
320	320	54.04, Family Code, for adjudication of an offense for which
321	321	registration is required under this chapter, the juvenile court on
322	322	motion of the respondent shall conduct a hearing to determine
323	323	whether the interests of the public require registration under this
324	324	chapter. The motion may be filed and the hearing held regardless of
325	325	whether the respondent is under 19 [18] years of age. Notice of the
326	326	motion and hearing shall be provided to the prosecuting attorney.
327	327	SECTION 3.13. Article 62.352(c), Code of Criminal
328	328	Procedure, is amended to read as follows:
329	329	(c) If the court enters an order described by Subsection
330	330	(b)(1), the court retains discretion and jurisdiction to require,
331	331	or exempt the respondent from, registration under this chapter at
332	332	any time during the treatment or on the successful or unsuccessful
333	333	completion of treatment, except that during the period of deferral,
334	334	registration may not be required. Following successful completion
335	335	of treatment, the respondent is exempted from registration under
336	336	this chapter unless a hearing under this subchapter is held on
337	337	motion of the prosecuting attorney, regardless of whether the
338	338	respondent is 19 [18] years of age or older, and the court
339	339	determines the interests of the public require registration. Not
340	340	later than the 10th day after the date of the respondent's
341	341	successful completion of treatment, the treatment provider shall
342	342	notify the juvenile court and prosecuting attorney of the
343	343	completion.
344	344	SECTION 3.14. Article 62.353(b), Code of Criminal
345	345	Procedure, is amended to read as follows:
346	346	(b) The person may file a motion under Subsection (a) in the
347	347	original juvenile case regardless of whether the person, at the
348	348	time of filing the motion, is 19 [18] years of age or older. Notice
349	349	of the motion shall be provided to the prosecuting attorney. A
350	350	hearing on the motion shall be provided as in other cases under this
351	351	subchapter.
352	352	SECTION 3.15. Section 37.085, Education Code, is amended to
353	353	read as follows:
354	354	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
355	355	MISDEMEANORS. Notwithstanding any other provision of law, a
356	356	warrant may not be issued for the arrest of a person for a Class C
357	357	misdemeanor under this code committed when the person was younger
358	358	than 18 [17] years of age.
359	359	SECTION 3.16. Section 153.0071(e-1), Family Code, is
360	360	amended to read as follows:
361	361	(e-1) Notwithstanding Subsections (d) and (e), a court may
362	362	decline to enter a judgment on a mediated settlement agreement if
363	363	the court finds:
364	364	(1) that:
365	365	(A) a party to the agreement was a victim of
366	366	family violence, and that circumstance impaired the party's ability
367	367	to make decisions; or
368	368	(B) the agreement would permit a person who is
369	369	subject to registration under Chapter 62, Code of Criminal
370	370	Procedure, on the basis of an offense committed by the person when
371	371	the person was 18 [17] years of age or older or who otherwise has a
372	372	history or pattern of past or present physical or sexual abuse
373	373	directed against any person to:
374	374	(i) reside in the same household as the
375	375	child; or
376	376	(ii) otherwise have unsupervised access to
377	377	the child; and
378	378	(2) that the agreement is not in the child's best
379	379	interest.
380	380	SECTION 3.17. Section 521.453(i), Transportation Code, is
381	381	amended to read as follows:
382	382	(i) If the person ordered to perform community service under
383	383	Subsection (h) is younger than 18 [17] years of age, the community
384	384	service shall be performed as if ordered by a juvenile court under
385	385	Section 54.044(a), Family Code, as a condition of probation under
386	386	Section 54.04(d), Family Code.
387	387	SECTION 3.18. (a) Except as provided by Subsection (b) of
388	388	this section, the changes in law made by this article apply only to
389	389	an offense committed on or after September 1, 2019. An offense
390	390	committed before September 1, 2019, is governed by the law in effect
391	391	on the date the offense was committed, and the former law is
392	392	continued in effect for that purpose.
393	393	(b) Articles 45.0216(b) and (h), Code of Criminal
394	394	Procedure, as amended by this article, apply only to the expunction
395	395	of certain records related to an offense committed on or after
396	396	September 1, 2019. The expunction of certain records related to an
397	397	offense committed before September 1, 2019, is governed by the law
398	398	in effect on the date the offense was committed, and the former law
399	399	is continued in effect for that purpose.
400	400	(c) For purposes of this section, an offense was committed
401	401	before September 1, 2019, if any element of the offense occurred
402	402	before that date.
403	403	ARTICLE 4. JUVENILE COURT PROCEDURES
404	404	SECTION 4.01. Section 51.041, Family Code, is amended to
405	405	read as follows:
406	406	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
407	407	retains jurisdiction over a person, without regard to the age of the
408	408	person, for conduct engaged in by the person before becoming 18 [17]
409	409	years of age if, as a result of an appeal by the person or the state
410	410	under Chapter 56 of an order of the court, the order is reversed or
411	411	modified and the case remanded to the court by the appellate court.
412	412	(b) If the respondent is at least 18 years of age when the
413	413	order of remand from the appellate court is received by the juvenile
414	414	court, the juvenile court shall proceed as provided by Sections
415	415	54.02(o)-(r) for the detention of a person at least 19 [18] years of
416	416	age in discretionary transfer proceedings. Pending retrial of the
417	417	adjudication or transfer proceeding, the juvenile court may:
418	418	(1) order the respondent released from custody;
419	419	(2) order the respondent detained in a juvenile
420	420	detention facility; or
421	421	(3) set bond and order the respondent detained in a
422	422	county adult facility if bond is not made.
423	423	SECTION 4.02. Section 51.0412, Family Code, is amended to
424	424	read as follows:
425	425	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
426	426	The court retains jurisdiction over a person, without regard to the
427	427	age of the person, who is a respondent in an adjudication
428	428	proceeding, a disposition proceeding, a proceeding to modify
429	429	disposition, a proceeding for waiver of jurisdiction and transfer
430	430	to criminal court under Section 54.02(a), or a motion for transfer
431	431	of determinate sentence probation to an appropriate district court
432	432	if:
433	433	(1) the petition or motion was filed while the
434	434	respondent was younger than 19 or 20 [18 or 19] years of age, as
435	435	applicable;
436	436	(2) the proceeding is not complete before the
437	437	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
438	438	and
439	439	(3) the court enters a finding in the proceeding that
440	440	the prosecuting attorney exercised due diligence in an attempt to
441	441	complete the proceeding before the respondent became 19 or 20 [18 or
442	442	19] years of age, as applicable.
443	443	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
444	444	amended to read as follows:
445	445	(f) A child detained in a building that contains a jail,
446	446	lockup, or other place of secure confinement, including an alcohol
447	447	or other drug treatment facility, shall be separated by sight and
448	448	sound from adults detained in the same building. Children and
449	449	adults are separated by sight and sound only if they are unable to
450	450	see each other and conversation between them is not possible. The
451	451	separation must extend to all areas of the facility, including
452	452	sally ports and passageways, and those areas used for admission,
453	453	counseling, sleeping, toileting, showering, dining, recreational,
454	454	educational, or vocational activities, and health care. The
455	455	separation may be accomplished through architectural design. A
456	456	person who has been transferred for prosecution in criminal court
457	457	under Section 54.02 and is under 18 [17] years of age is considered
458	458	a child for the purposes of this subsection.
459	459	(h) This section does not apply to a person:
460	460	(1) who has been transferred to criminal court for
461	461	prosecution under Section 54.02 and is at least 18 [17] years of
462	462	age; or
463	463	(2) who is at least 18 [17] years of age and who has
464	464	been taken into custody after having:
465	465	(A) escaped from a juvenile facility operated by
466	466	or under contract with the Texas Juvenile Justice Department; or
467	467	(B) violated a condition of release under
468	468	supervision of the department.
469	469	SECTION 4.04. Section 54.02(j), Family Code, is amended to
470	470	read as follows:
471	471	(j) The juvenile court may waive its exclusive original
472	472	jurisdiction and transfer a person to the appropriate district
473	473	court or criminal district court for criminal proceedings if:
474	474	(1) the person is 19 [18] years of age or older;
475	475	(2) the person was:
476	476	(A) 10 years of age or older and under 18 [17]
477	477	years of age at the time the person is alleged to have committed a
478	478	capital felony or an offense under Section 19.02, Penal Code;
479	479	(B) 14 years of age or older and under 18 [17]
480	480	years of age at the time the person is alleged to have committed an
481	481	aggravated controlled substance felony or a felony of the first
482	482	degree other than an offense under Section 19.02, Penal Code; or
483	483	(C) 15 years of age or older and under 18 [17]
484	484	years of age at the time the person is alleged to have committed a
485	485	felony of the second or third degree or a state jail felony;
486	486	(3) no adjudication concerning the alleged offense has
487	487	been made or no adjudication hearing concerning the offense has
488	488	been conducted;
489	489	(4) the juvenile court finds from a preponderance of
490	490	the evidence that:
491	491	(A) for a reason beyond the control of the state
492	492	it was not practicable to proceed in juvenile court before the 19th
493	493	[18th] birthday of the person; or
494	494	(B) after due diligence of the state it was not
495	495	practicable to proceed in juvenile court before the 19th [18th]
496	496	birthday of the person because:
497	497	(i) the state did not have probable cause to
498	498	proceed in juvenile court and new evidence has been found since the
499	499	19th [18th] birthday of the person;
500	500	(ii) the person could not be found; or
501	501	(iii) a previous transfer order was
502	502	reversed by an appellate court or set aside by a district court; and
503	503	(5) the juvenile court determines that there is
504	504	probable cause to believe that the child before the court committed
505	505	the offense alleged.
506	506	SECTION 4.05. Section 54.0326(b), Family Code, is amended
507	507	to read as follows:
508	508	(b) A juvenile court may defer adjudication proceedings
509	509	under Section 54.03 until the child's 19th [18th] birthday and
510	510	require a child to participate in a program established under
511	511	Section 152.0017, Human Resources Code, if the child:
512	512	(1) is alleged to have engaged in delinquent conduct
513	513	or conduct indicating a need for supervision and may be a victim of
514	514	conduct that constitutes an offense under Section 20A.02, Penal
515	515	Code; and
516	516	(2) presents to the court an oral or written request to
517	517	participate in the program.
518	518	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
519	519	are amended to read as follows:
520	520	(e) The Texas Juvenile Justice Department shall accept a
521	521	person properly committed to it by a juvenile court even though the
522	522	person may be 18 [17] years of age or older at the time of
523	523	commitment.
524	524	(l) Except as provided by Subsection (q), a court or jury
525	525	may place a child on probation under Subsection (d)(1) for any
526	526	period, except that probation may not continue on or after the
527	527	child's 19th [18th] birthday. Except as provided by Subsection
528	528	(q), the court may, before the period of probation ends, extend the
529	529	probation for any period, except that the probation may not extend
530	530	to or after the child's 19th [18th] birthday.
531	531	(q) If a court or jury sentences a child to commitment in the
532	532	Texas Juvenile Justice Department or a post-adjudication secure
533	533	correctional facility under Subsection (d)(3) for a term of not
534	534	more than 10 years, the court or jury may place the child on
535	535	probation under Subsection (d)(1) as an alternative to making the
536	536	disposition under Subsection (d)(3). The court shall prescribe
537	537	the period of probation ordered under this subsection for a term of
538	538	not more than 10 years. The court may, before the sentence of
539	539	probation expires, extend the probationary period under Section
540	540	54.05, except that the sentence of probation and any extension may
541	541	not exceed 10 years. The court may, before the child's 20th [19th]
542	542	birthday, discharge the child from the sentence of probation. If a
543	543	sentence of probation ordered under this subsection and any
544	544	extension of probation ordered under Section 54.05 will continue
545	545	after the child's 20th [19th] birthday, the court shall discharge
546	546	the child from the sentence of probation on the child's 20th [19th]
547	547	birthday unless the court transfers the child to an appropriate
548	548	district court under Section 54.051.
549	549	SECTION 4.07. Section 54.0405(i), Family Code, is amended
550	550	to read as follows:
551	551	(i) A court that requires as a condition of probation that a
552	552	child attend psychological counseling under Subsection (a) may,
553	553	before the date the probation period ends, extend the probation for
554	554	any additional period necessary to complete the required counseling
555	555	as determined by the treatment provider, except that the probation
556	556	may not be extended to a date after the date of the child's 19th
557	557	[18th] birthday, or 20th [19th] birthday if the child is placed on
558	558	determinate sentence probation under Section 54.04(q).
559	559	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
560	560	amended to read as follows:
561	561	(b) If a child is found to have engaged in delinquent
562	562	conduct or conduct indicating a need for supervision arising from
563	563	the commission of an offense in which property damage or loss or
564	564	personal injury occurred, the juvenile court, on notice to all
565	565	persons affected and on hearing, may order the child or a parent to
566	566	make full or partial restitution to the victim of the offense. The
567	567	program of restitution must promote the rehabilitation of the
568	568	child, be appropriate to the age and physical, emotional, and
569	569	mental abilities of the child, and not conflict with the child's
570	570	schooling. When practicable and subject to court supervision, the
571	571	court may approve a restitution program based on a settlement
572	572	between the child and the victim of the offense. An order under
573	573	this subsection may provide for periodic payments by the child or a
574	574	parent of the child for the period specified in the order but except
575	575	as provided by Subsection (h), that period may not extend past the
576	576	date of the 19th [18th] birthday of the child or past the date the
577	577	child is no longer enrolled in an accredited secondary school in a
578	578	program leading toward a high school diploma, whichever date is
579	579	later.
580	580	(h) If the juvenile court places the child on probation in a
581	581	determinate sentence proceeding initiated under Section 53.045 and
582	582	transfers supervision on the child's 20th [19th] birthday to a
583	583	district court for placement on community supervision, the district
584	584	court shall require the payment of any unpaid restitution as a
585	585	condition of the community supervision. The liability of the
586	586	child's parent for restitution may not be extended by transfer to a
587	587	district court for supervision.
588	588	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
589	589	amended to read as follows:
590	590	(a) Any [Except as provided by Subsection (a-1), any]
591	591	disposition, except a commitment to the Texas Juvenile Justice
592	592	Department, may be modified by the juvenile court as provided in
593	593	this section until:
594	594	(1) the child reaches:
595	595	(A) the child's 19th [18th] birthday; or
596	596	(B) the child's 20th [19th] birthday, if the
597	597	child was placed on determinate sentence probation under Section
598	598	54.04(q); or
599	599	(2) the child is earlier discharged by the court or
600	600	operation of law.
601	601	(b) Except for a commitment to the Texas Juvenile Justice
602	602	Department or to a post-adjudication secure correctional facility
603	603	under former Section 54.04011 or a placement on determinate
604	604	sentence probation under Section 54.04(q), all dispositions
605	605	automatically terminate when the child reaches the child's 19th
606	606	[18th] birthday.
607	607	SECTION 4.10. Section 54.051, Family Code, is amended by
608	608	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
609	609	Subsection (j) to read as follows:
610	610	(a) On motion of the state concerning a child who is placed
611	611	on probation under Section 54.04(q) for a period, including any
612	612	extension ordered under Section 54.05, that will continue after the
613	613	child's applicable [19th] birthday, the juvenile court shall hold a
614	614	hearing to determine whether to transfer the child to an
615	615	appropriate district court or discharge the child from the sentence
616	616	of probation.
617	617	(b) The hearing must be conducted before the person's
618	618	applicable [19th] birthday[, or before the person's 18th birthday
619	619	if the offense for which the person was placed on probation occurred
620	620	before September 1, 2011,] and must be conducted in the same manner
621	621	as a hearing to modify disposition under Section 54.05.
622	622	(c) If, after a hearing, the court determines to discharge
623	623	the child, the court shall specify a date on or before the child's
624	624	applicable [19th] birthday to discharge the child from the
625	625	sentence of probation.
626	626	(d) If, after a hearing, the court determines to transfer
627	627	the child, the court shall transfer the child to an appropriate
628	628	district court on the child's applicable [19th] birthday.
629	629	(e-2) If a person who is placed on community supervision
630	630	under this section violates a condition of that supervision or if
631	631	the person violated a condition of probation ordered under Section
632	632	54.04(q) and that probation violation was not discovered by the
633	633	state before the person's 20th [19th] birthday, the district court
634	634	shall dispose of the violation of community supervision or
635	635	probation, as appropriate, in the same manner as if the court had
636	636	originally exercised jurisdiction over the case. If the judge
637	637	revokes community supervision, the judge may reduce the prison
638	638	sentence to any length without regard to the minimum term imposed by
639	639	Article 42A.755(a), Code of Criminal Procedure.
640	640	(i) If the juvenile court exercises jurisdiction over a
641	641	person on or after the person's [who is 18 or 19 years of age or
642	642	older, as] applicable birthday, under Section 51.041 or 51.0412,
643	643	the court or jury may, if the person is otherwise eligible, place
644	644	the person on probation under Section 54.04(q). The juvenile court
645	645	shall set the conditions of probation and immediately transfer
646	646	supervision of the person to the appropriate court exercising
647	647	criminal jurisdiction under Subsection (e).
648	648	(j) In this section, "applicable birthday" means the
649	649	person's:
650	650	(1) 18th birthday, if the conduct for which the person
651	651	was placed on probation occurred before September 1, 2011;
652	652	(2) 19th birthday, if the conduct for which the person
653	653	was placed on probation occurred on or after September 1, 2011, but
654	654	before September 1, 2019; or
655	655	(3) 20th birthday, if the conduct for which the person
656	656	was placed on probation occurred on or after September 1, 2019.
657	657	SECTION 4.11. Section 54.11(l), Family Code, is amended to
658	658	read as follows:
659	659	(l) Pending the conclusion of a transfer hearing, the
660	660	juvenile court shall order that the person who is referred for
661	661	transfer be detained in a certified juvenile detention facility as
662	662	provided by Subsection (m). If the person is at least 18 [17] years
663	663	of age, the juvenile court may order that the person be detained
664	664	without bond in an appropriate county facility for the detention of
665	665	adults accused of criminal offenses.
666	666	SECTION 4.12. Section 55.15, Family Code, is amended to
667	667	read as follows:
668	668	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
669	669	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
670	670	which the child's case is referred under Section 55.12(2) orders
671	671	mental health services for the child, the child shall be cared for,
672	672	treated, and released in conformity to Subtitle C, Title 7, Health
673	673	and Safety Code, except:
674	674	(1) a court order for mental health services for a
675	675	child automatically expires on the 120th day after the date the
676	676	child becomes 19 [18] years of age; and
677	677	(2) the administrator of a mental health facility
678	678	shall notify, in writing, by certified mail, return receipt
679	679	requested, the juvenile court that ordered mental health services
680	680	or the juvenile court that referred the case to a court that ordered
681	681	the mental health services of the intent to discharge the child at
682	682	least 10 days prior to discharge.
683	683	SECTION 4.13. Section 55.18, Family Code, is amended to
684	684	read as follows:
685	685	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
686	686	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
687	687	mental health facility before reaching 19 [18] years of age, the
688	688	juvenile court may:
689	689	(1) dismiss the juvenile court proceedings with
690	690	prejudice; or
691	691	(2) continue with proceedings under this title as
692	692	though no order of mental health services had been made.
693	693	SECTION 4.14. The heading to Section 55.19, Family Code, is
694	694	amended to read as follows:
695	695	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
696	696	BIRTHDAY.
697	697	SECTION 4.15. Section 55.19(a), Family Code, is amended to
698	698	read as follows:
699	699	(a) The juvenile court shall transfer all pending
700	700	proceedings from the juvenile court to a criminal court on the 19th
701	701	[18th] birthday of a child for whom the juvenile court or a court to
702	702	which the child's case is referred under Section 55.12(2) has
703	703	ordered inpatient mental health services if:
704	704	(1) the child is not discharged or furloughed from the
705	705	inpatient mental health facility before reaching 19 [18] years of
706	706	age; and
707	707	(2) the child is alleged to have engaged in delinquent
708	708	conduct that included a violation of a penal law listed in Section
709	709	53.045 and no adjudication concerning the alleged conduct has been
710	710	made.
711	711	SECTION 4.16. Section 55.43(a), Family Code, is amended to
712	712	read as follows:
713	713	(a) The prosecuting attorney may file with the juvenile
714	714	court a motion for a restoration hearing concerning a child if:
715	715	(1) the child is found unfit to proceed as a result of
716	716	mental illness or an intellectual disability; and
717	717	(2) the child:
718	718	(A) is not:
719	719	(i) ordered by a court to receive inpatient
720	720	mental health services;
721	721	(ii) committed by a court to a residential
722	722	care facility; or
723	723	(iii) ordered by a court to receive
724	724	treatment on an outpatient basis; or
725	725	(B) is discharged or currently on furlough from a
726	726	mental health facility or outpatient center before the child
727	727	reaches 19 [18] years of age.
728	728	SECTION 4.17. The heading to Section 55.44, Family Code, is
729	729	amended to read as follows:
730	730	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
731	731	BIRTHDAY OF CHILD.
732	732	SECTION 4.18. Section 55.44(a), Family Code, is amended to
733	733	read as follows:
734	734	(a) The juvenile court shall transfer all pending
735	735	proceedings from the juvenile court to a criminal court on the 19th
736	736	[18th] birthday of a child for whom the juvenile court or a court to
737	737	which the child's case is referred has ordered inpatient mental
738	738	health services or residential care for persons with an
739	739	intellectual disability if:
740	740	(1) the child is not discharged or currently on
741	741	furlough from the facility before reaching 19 [18] years of age; and
742	742	(2) the child is alleged to have engaged in delinquent
743	743	conduct that included a violation of a penal law listed in Section
744	744	53.045 and no adjudication concerning the alleged conduct has been
745	745	made.
746	746	SECTION 4.19. Section 58.0052(a)(3), Family Code, is
747	747	amended to read as follows:
748	748	(3) "Multi-system youth" means a person who:
749	749	(A) is younger than 20 [19] years of age; and
750	750	(B) has received services from two or more
751	751	juvenile service providers.
752	752	SECTION 4.20. Section 58.253(b), Family Code, is amended to
753	753	read as follows:
754	754	(b) A person who was referred to a juvenile probation
755	755	department for delinquent conduct is entitled to have all records
756	756	related to the person's juvenile matters, including records
757	757	relating to any matters involving conduct indicating a need for
758	758	supervision, sealed without applying to the juvenile court if the
759	759	person:
760	760	(1) is at least 20 [19] years of age;
761	761	(2) has not been adjudicated as having engaged in
762	762	delinquent conduct or, if adjudicated for delinquent conduct, was
763	763	not adjudicated for delinquent conduct violating a penal law of the
764	764	grade of felony;
765	765	(3) does not have any pending delinquent conduct
766	766	matters;
767	767	(4) has not been transferred by a juvenile court to a
768	768	criminal court for prosecution under Section 54.02;
769	769	(5) has not as an adult been convicted of a felony or a
770	770	misdemeanor punishable by confinement in jail; and
771	771	(6) does not have any pending charges as an adult for a
772	772	felony or a misdemeanor punishable by confinement in jail.
773	773	SECTION 4.21. Section 58.255(a), Family Code, is amended to
774	774	read as follows:
775	775	(a) A person who was referred to a juvenile probation
776	776	department for conduct indicating a need for supervision is
777	777	entitled to have all records related to all conduct indicating a
778	778	need for supervision matters sealed without applying to the
779	779	juvenile court if the person:
780	780	(1) is at least 19 [18] years of age;
781	781	(2) has not been referred to the juvenile probation
782	782	department for delinquent conduct;
783	783	(3) has not as an adult been convicted of a felony; and
784	784	(4) does not have any pending charges as an adult for a
785	785	felony or a misdemeanor punishable by confinement in jail.
786	786	SECTION 4.22. Section 58.256(c), Family Code, is amended to
787	787	read as follows:
788	788	(c) Except as provided by Subsection (d), the juvenile court
789	789	may order the sealing of records related to all matters for which
790	790	the person was referred to the juvenile probation department if the
791	791	person:
792	792	(1) is at least 19 [18] years of age, or is younger
793	793	than 19 [18] years of age and at least two years have elapsed after
794	794	the date of final discharge in each matter for which the person was
795	795	referred to the juvenile probation department;
796	796	(2) does not have any delinquent conduct matters
797	797	pending with any juvenile probation department or juvenile court;
798	798	(3) was not transferred by a juvenile court to a
799	799	criminal court for prosecution under Section 54.02;
800	800	(4) has not as an adult been convicted of a felony; and
801	801	(5) does not have any pending charges as an adult for a
802	802	felony or a misdemeanor punishable by confinement in jail.
803	803	SECTION 4.23. Section 58.264(b), Family Code, is amended to
804	804	read as follows:
805	805	(b) The records related to a person referred to a juvenile
806	806	probation department may be destroyed if the person:
807	807	(1) is at least 19 [18] years of age, and:
808	808	(A) the most serious conduct for which the person
809	809	was referred was conduct indicating a need for supervision, whether
810	810	or not the person was adjudicated; or
811	811	(B) the referral or information did not relate to
812	812	conduct indicating a need for supervision or delinquent conduct and
813	813	the juvenile probation department, prosecutor, or juvenile court
814	814	did not take action on the referral or information for that reason;
815	815	(2) is at least 21 years of age, and:
816	816	(A) the most serious conduct for which the person
817	817	was adjudicated was delinquent conduct that violated a penal law of
818	818	the grade of misdemeanor; or
819	819	(B) the most serious conduct for which the person
820	820	was referred was delinquent conduct and the person was not
821	821	adjudicated as having engaged in the conduct; or
822	822	(3) is at least 31 years of age and the most serious
823	823	conduct for which the person was adjudicated was delinquent conduct
824	824	that violated a penal law of the grade of felony.
825	825	SECTION 4.24. Section 59.005(b), Family Code, is amended to
826	826	read as follows:
827	827	(b) The juvenile court or the probation department shall
828	828	discharge the child from the custody of the probation department on
829	829	the date the provisions of this section are met or on the child's
830	830	19th [18th] birthday, whichever is earlier.
831	831	SECTION 4.25. Section 59.006(b), Family Code, is amended to
832	832	read as follows:
833	833	(b) The juvenile court shall discharge the child from the
834	834	custody of the probation department on the date the provisions of
835	835	this section are met or on the child's 19th [18th] birthday,
836	836	whichever is earlier.
837	837	SECTION 4.26. Section 59.007(b), Family Code, is amended to
838	838	read as follows:
839	839	(b) The juvenile court shall discharge the child from the
840	840	custody of the probation department on the date the provisions of
841	841	this section are met or on the child's 19th [18th] birthday,
842	842	whichever is earlier.
843	843	SECTION 4.27. Section 59.008(b), Family Code, is amended to
844	844	read as follows:
845	845	(b) The juvenile court shall discharge the child from the
846	846	custody of the probation department on the date the provisions of
847	847	this section are met or on the child's 19th [18th] birthday,
848	848	whichever is earlier.
849	849	SECTION 4.28. Section 59.009(c), Family Code, is amended to
850	850	read as follows:
851	851	(c) The Texas Juvenile Justice Department, juvenile board,
852	852	or local juvenile probation department may discharge the child from
853	853	the custody of the department, board, or probation department, as
854	854	applicable, on the date the provisions of this section are met or on
855	855	the child's 20th [19th] birthday, whichever is earlier.
856	856	SECTION 4.29. Section 61.051(c), Family Code, is amended to
857	857	read as follows:
858	858	(c) The juvenile court retains jurisdiction to enter a
859	859	contempt order if the motion for enforcement is filed not later than
860	860	six months after the child's 19th [18th] birthday.
861	861	SECTION 4.30. Section 614.019(b), Health and Safety Code,
862	862	is amended to read as follows:
863	863	(b) A child with mental illness who is receiving continuity
864	864	of care services during parole from the Texas Juvenile Justice
865	865	Department and who is no longer eligible to receive services from a
866	866	local mental health authority when the child becomes 18 [17] years
867	867	of age because the child does not meet the requirements of a local
868	868	service area plan under Section 533.0352(a) may continue to receive
869	869	continuity of care services from the office until the child
870	870	completes the child's parole.
871	871	SECTION 4.31. Section 63.001(1), Human Resources Code, is
872	872	amended to read as follows:
873	873	(1) "Juvenile" means a person from the age of 10 to 19
874	874	[18] years who:
875	875	(A) has been found to have engaged in delinquent
876	876	conduct by a juvenile court; and
877	877	(B) is under the jurisdiction of the juvenile
878	878	court [of competent jurisdiction].
879	879	SECTION 4.32. Section 152.0015, Human Resources Code, is
880	880	amended to read as follows:
881	881	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
882	882	JUVENILES. A juvenile board shall establish a policy that
883	883	specifies whether a person who has been transferred for criminal
884	884	prosecution under Section 54.02, Family Code, and is younger than
885	885	18 [17] years of age may be detained in a juvenile facility pending
886	886	trial as provided by Section 51.12, Family Code.
887	887	SECTION 4.33. Section 201.001(a)(2), Human Resources Code,
888	888	is amended to read as follows:
889	889	(2) "Child" means an individual[:
890	890	[(A)] 10 years of age or older and younger than 20
891	891	[18] years of age who is under the jurisdiction of a juvenile
892	892	court[; or
893	893	[(B) 10 years of age or older and younger than 19
894	894	years of age who is committed to the department under Title 3,
895	895	Family Code].
896	896	SECTION 4.34. Section 243.001(a), Human Resources Code, is
897	897	amended to read as follows:
898	898	(a) The department may not assign a child younger than 16
899	899	[15] years of age to the same correctional facility dormitory as a
900	900	person who is at least 18 [17] years of age unless the department
901	901	determines that the placement is necessary to ensure the safety of
902	902	children in the custody of the department. This subsection does not
903	903	apply to a dormitory that is used exclusively for short-term
904	904	assessment and orientation purposes.
905	905	SECTION 4.35. Section 243.051(b), Human Resources Code, is
906	906	amended to read as follows:
907	907	(b) A child who is arrested or taken into custody under
908	908	Subsection (a) may be detained in any suitable place, including an
909	909	adult jail facility if the person is 18 [17] years of age or older,
910	910	until the child is returned to the custody of the department or
911	911	transported to a department facility.
912	912	SECTION 4.36. Section 244.014(a), Human Resources Code, is
913	913	amended to read as follows:
914	914	(a) After a child sentenced to commitment under Section
915	915	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
916	916	years of age but before the child becomes 20 [19] years of age, the
917	917	department may refer the child to the juvenile court that entered
918	918	the order of commitment for approval of the child's transfer to the
919	919	Texas Department of Criminal Justice for confinement if:
920	920	(1) the child has not completed the sentence; and
921	921	(2) the child's conduct, regardless of whether the
922	922	child was released under supervision under Section 245.051,
923	923	indicates that the welfare of the community requires the transfer.
924	924	SECTION 4.37. Section 244.015, Human Resources Code, is
925	925	amended to read as follows:
926	926	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
927	927	DETERMINATE SENTENCES. (a) When a child who is sentenced to
928	928	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
929	929	Family Code, becomes 19 [18] years of age, the department shall
930	930	evaluate whether the child is in need of additional services that
931	931	can be completed in the six-month period after the child's 19th
932	932	[18th] birthday to prepare the child for release from the custody of
933	933	the department or transfer to the Texas Department of Criminal
934	934	Justice.
935	935	(b) This section does not apply to a child who is released
936	936	from the custody of the department or who is transferred to the
937	937	Texas Department of Criminal Justice before the child's 19th [18th]
938	938	birthday.
939	939	SECTION 4.38. Section 245.053(i), Human Resources Code, is
940	940	amended to read as follows:
941	941	(i) If the department requires as a condition of release
942	942	that a child attend psychological counseling under Subsection (a),
943	943	the department may, before the date the period of release ends,
944	944	petition the appropriate court to request the court to extend the
945	945	period of release for an additional period necessary to complete
946	946	the required counseling as determined by the treatment provider,
947	947	except that the release period may not be extended to a date after
948	948	the date of the child's 19th [18th] birthday.
949	949	SECTION 4.39. Sections 245.151(d) and (e), Human Resources
950	950	Code, are amended to read as follows:
951	951	(d) Except as provided by Subsection (e), the department
952	952	shall discharge from its custody a person not already discharged on
953	953	the person's 20th [19th] birthday.
954	954	(e) The department shall transfer a person who has been
955	955	sentenced under a determinate sentence to commitment under Section
956	956	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
957	957	returned to the department under Section 54.11(i)(1), Family Code,
958	958	to the custody of the Texas Department of Criminal Justice on the
959	959	person's 20th [19th] birthday, if the person has not already been
960	960	discharged or transferred, to serve the remainder of the person's
961	961	sentence on parole as provided by Section 508.156, Government Code.
962	962	SECTION 4.40. (a) Except as provided by Subsection (b) of
963	963	this section, the changes in law made by this article apply only to
964	964	procedures relating to conduct that occurs on or after September 1,
965	965	2019. Procedures relating to conduct that occurred before
966	966	September 1, 2019, are governed by the law in effect on the date the
967	967	conduct occurred, and the former law is continued in effect for that
968	968	purpose.
969	969	(b) The change in law made by this article to Section
970	970	58.0052, Family Code, applies to the sharing of information on or
971	971	after September 1, 2019, without regard to whether the information
972	972	was compiled before, on, or after that date.
973	973	(c) For purposes of this section, conduct occurred before
974	974	September 1, 2019, if any element of the conduct occurred before
975	975	that date.
976	976	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
977	977	RESPONSIBILITY
978	978	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
979	979	is amended to read as follows:
980	980	(5) "Confidential criminal record information of a
981	981	child" means information about a person's involvement in the
982	982	criminal justice system resulting from conduct that occurred or was
983	983	alleged to occur when the person was younger than 18 [17] years of
984	984	age that is confidential under Chapter 45, Code of Criminal
985	985	Procedure, or other law. The term does not include:
986	986	(A) criminal record information of a person
987	987	certified to stand trial as an adult for that conduct, as provided
988	988	by Section 54.02, Family Code; or
989	989	(B) information relating to a traffic offense.
990	990	SECTION 5.02. Section 65.251(b), Family Code, is amended to
991	991	read as follows:
992	992	(b) If a child fails to obey an order issued by a truancy
993	993	court under Section 65.103(a) or a child is in direct contempt of
994	994	court and the child has failed to obey an order or has been found in
995	995	direct contempt of court on two or more previous occasions, the
996	996	truancy court, after providing notice and an opportunity for a
997	997	hearing, may refer the child to the juvenile probation department
998	998	as a request for truancy intervention, unless the child failed to
999	999	obey the truancy court order or was in direct contempt of court
1000	1000	while 18 [17] years of age or older.
1001	1001	SECTION 5.03. Section 79.001(10), Government Code, is
1002	1002	amended to read as follows:
1003	1003	(10) "Juvenile offense" means conduct committed by a
1004	1004	person while younger than 18 [17] years of age that constitutes:
1005	1005	(A) a misdemeanor punishable by confinement; or
1006	1006	(B) a felony.
1007	1007	SECTION 5.04. Section 511.009(a), Government Code, is
1008	1008	amended to read as follows:
1009	1009	(a) The commission shall:
1010	1010	(1) adopt reasonable rules and procedures
1011	1011	establishing minimum standards for the construction, equipment,
1012	1012	maintenance, and operation of county jails;
1013	1013	(2) adopt reasonable rules and procedures
1014	1014	establishing minimum standards for the custody, care, and treatment
1015	1015	of prisoners;
1016	1016	(3) adopt reasonable rules establishing minimum
1017	1017	standards for the number of jail supervisory personnel and for
1018	1018	programs and services to meet the needs of prisoners;
1019	1019	(4) adopt reasonable rules and procedures
1020	1020	establishing minimum requirements for programs of rehabilitation,
1021	1021	education, and recreation in county jails;
1022	1022	(5) revise, amend, or change rules and procedures if
1023	1023	necessary;
1024	1024	(6) provide to local government officials
1025	1025	consultation on and technical assistance for county jails;
1026	1026	(7) review and comment on plans for the construction
1027	1027	and major modification or renovation of county jails;
1028	1028	(8) require that the sheriff and commissioners of each
1029	1029	county submit to the commission, on a form prescribed by the
1030	1030	commission, an annual report on the conditions in each county jail
1031	1031	within their jurisdiction, including all information necessary to
1032	1032	determine compliance with state law, commission orders, and the
1033	1033	rules adopted under this chapter;
1034	1034	(9) review the reports submitted under Subdivision (8)
1035	1035	and require commission employees to inspect county jails regularly
1036	1036	to ensure compliance with state law, commission orders, and rules
1037	1037	and procedures adopted under this chapter;
1038	1038	(10) adopt a classification system to assist sheriffs
1039	1039	and judges in determining which defendants are low-risk and
1040	1040	consequently suitable participants in a county jail work release
1041	1041	program under Article 42.034, Code of Criminal Procedure;
1042	1042	(11) adopt rules relating to requirements for
1043	1043	segregation of classes of inmates and to capacities for county
1044	1044	jails;
1045	1045	(12) require that the chief jailer of each municipal
1046	1046	lockup submit to the commission, on a form prescribed by the
1047	1047	commission, an annual report of persons under 18 [17] years of age
1048	1048	securely detained in the lockup, including all information
1049	1049	necessary to determine compliance with state law concerning secure
1050	1050	confinement of children in municipal lockups;
1051	1051	(13) at least annually determine whether each county
1052	1052	jail is in compliance with the rules and procedures adopted under
1053	1053	this chapter;
1054	1054	(14) require that the sheriff and commissioners court
1055	1055	of each county submit to the commission, on a form prescribed by the
1056	1056	commission, an annual report of persons under 18 [17] years of age
1057	1057	securely detained in the county jail, including all information
1058	1058	necessary to determine compliance with state law concerning secure
1059	1059	confinement of children in county jails;
1060	1060	(15) schedule announced and unannounced inspections
1061	1061	of jails under the commission's jurisdiction using the risk
1062	1062	assessment plan established under Section 511.0085 to guide the
1063	1063	inspections process;
1064	1064	(16) adopt a policy for gathering and distributing to
1065	1065	jails under the commission's jurisdiction information regarding:
1066	1066	(A) common issues concerning jail
1067	1067	administration;
1068	1068	(B) examples of successful strategies for
1069	1069	maintaining compliance with state law and the rules, standards, and
1070	1070	procedures of the commission; and
1071	1071	(C) solutions to operational challenges for
1072	1072	jails;
1073	1073	(17) report to the Texas Correctional Office on
1074	1074	Offenders with Medical or Mental Impairments on a jail's compliance
1075	1075	with Article 16.22, Code of Criminal Procedure;
1076	1076	(18) adopt reasonable rules and procedures
1077	1077	establishing minimum requirements for jails to:
1078	1078	(A) determine if a prisoner is pregnant; and
1079	1079	(B) ensure that the jail's health services plan
1080	1080	addresses medical and mental health care, including nutritional
1081	1081	requirements, and any special housing or work assignment needs for
1082	1082	persons who are confined in the jail and are known or determined to
1083	1083	be pregnant;
1084	1084	(19) provide guidelines to sheriffs regarding
1085	1085	contracts between a sheriff and another entity for the provision of
1086	1086	food services to or the operation of a commissary in a jail under
1087	1087	the commission's jurisdiction, including specific provisions
1088	1088	regarding conflicts of interest and avoiding the appearance of
1089	1089	impropriety;
1090	1090	(20) adopt reasonable rules and procedures
1091	1091	establishing minimum standards for prisoner visitation that
1092	1092	provide each prisoner at a county jail with a minimum of two
1093	1093	in-person, noncontact visitation periods per week of at least 20
1094	1094	minutes duration each;
1095	1095	(21) require the sheriff of each county to:
1096	1096	(A) investigate and verify the veteran status of
1097	1097	each prisoner by using data made available from the Veterans
1098	1098	Reentry Search Service (VRSS) operated by the United States
1099	1099	Department of Veterans Affairs or a similar service; and
1100	1100	(B) use the data described by Paragraph (A) to
1101	1101	assist prisoners who are veterans in applying for federal benefits
1102	1102	or compensation for which the prisoners may be eligible under a
1103	1103	program administered by the United States Department of Veterans
1104	1104	Affairs;
1105	1105	(22) adopt reasonable rules and procedures regarding
1106	1106	visitation of a prisoner at a county jail by a guardian, as defined
1107	1107	by Section 1002.012, Estates Code, that:
1108	1108	(A) allow visitation by a guardian to the same
1109	1109	extent as the prisoner's next of kin, including placing the
1110	1110	guardian on the prisoner's approved visitors list on the guardian's
1111	1111	request and providing the guardian access to the prisoner during a
1112	1112	facility's standard visitation hours if the prisoner is otherwise
1113	1113	eligible to receive visitors; and
1114	1114	(B) require the guardian to provide the sheriff
1115	1115	with letters of guardianship issued as provided by Section
1116	1116	1106.001, Estates Code, before being allowed to visit the prisoner;
1117	1117	and
1118	1118	(23) adopt reasonable rules and procedures to ensure
1119	1119	the safety of prisoners, including rules and procedures that
1120	1120	require a county jail to:
1121	1121	(A) give prisoners the ability to access a mental
1122	1122	health professional at the jail through a telemental health service
1123	1123	24 hours a day;
1124	1124	(B) give prisoners the ability to access a health
1125	1125	professional at the jail or through a telehealth service 24 hours a
1126	1126	day or, if a health professional is unavailable at the jail or
1127	1127	through a telehealth service, provide for a prisoner to be
1128	1128	transported to access a health professional; and
1129	1129	(C) if funding is available under Section
1130	1130	511.019, install automated electronic sensors or cameras to ensure
1131	1131	accurate and timely in-person checks of cells or groups of cells
1132	1132	confining at-risk individuals.
1133	1133	SECTION 5.05. Section 521.201, Transportation Code, is
1134	1134	amended to read as follows:
1135	1135	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1136	1136	department may not issue any license to a person who:
1137	1137	(1) is under 15 years of age;
1138	1138	(2) is under 18 years of age unless the person complies
1139	1139	with the requirements imposed by Section 521.204;
1140	1140	(3) is shown to be addicted to the use of alcohol, a
1141	1141	controlled substance, or another drug that renders a person
1142	1142	incapable of driving;
1143	1143	(4) holds a driver's license issued by this state or
1144	1144	another state or country that is revoked, canceled, or under
1145	1145	suspension;
1146	1146	(5) has been determined by a judgment of a court to be
1147	1147	totally incapacitated or incapacitated to act as the operator of a
1148	1148	motor vehicle unless the person has, by the date of the license
1149	1149	application, been:
1150	1150	(A) restored to capacity by judicial decree; or
1151	1151	(B) released from a hospital for the mentally
1152	1152	incapacitated on a certificate by the superintendent or
1153	1153	administrator of the hospital that the person has regained
1154	1154	capacity;
1155	1155	(6) the department determines to be afflicted with a
1156	1156	mental or physical disability or disease that prevents the person
1157	1157	from exercising reasonable and ordinary control over a motor
1158	1158	vehicle while operating the vehicle on a highway, except that a
1159	1159	person may not be refused a license because of a physical defect if
1160	1160	common experience shows that the defect does not incapacitate a
1161	1161	person from safely operating a motor vehicle;
1162	1162	(7) has been reported by a court under Section
1163	1163	521.3452 for failure to appear unless the court has filed an
1164	1164	additional report on final disposition of the case; or
1165	1165	(8) has been reported by a court for failure to appear
1166	1166	or default in payment of a fine for a misdemeanor that is not
1167	1167	covered under Subdivision (7) and that is punishable by a fine only,
1168	1168	including a misdemeanor under a municipal ordinance, committed by a
1169	1169	person who was under 18 [17] years of age at the time of the alleged
1170	1170	offense, unless the court has filed an additional report on final
1171	1171	disposition of the case.
1172	1172	SECTION 5.06. Section 65.251(b), Family Code, and Section
1173	1173	521.201, Transportation Code, as amended by this article, apply
1174	1174	only to an offense committed or conduct that occurred on or after
1175	1175	September 1, 2019. An offense committed or conduct that occurred
1176	1176	before September 1, 2019, is governed by the law in effect on the
1177	1177	date the offense was committed or the conduct occurred, and the
1178	1178	former law is continued in effect for that purpose. For purposes of
1179	1179	this section, an offense was committed or conduct occurred before
1180	1180	September 1, 2019, if any element of the offense or conduct occurred
1181	1181	before that date.
1182	1182	ARTICLE 6. EFFECTIVE DATE
1183	1183	SECTION 6.01. This Act takes effect September 1, 2019.