Texas 2019 - 86th Regular

Texas House Bill HB658 Compare Versions

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

Old	New	Differences
1	1	86R5221 ADM-D
2	2	By: Dutton H.B. No. 658
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age of a child at which a juvenile court may
8	8	exercise jurisdiction over the child, to the age of criminal
9	9	responsibility, and to certain substantive and procedural matters
10	10	related to those ages.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
13	13	SECTION 1.01. Section 37.141(1), Education Code, is amended
14	14	to read as follows:
15	15	(1) "Child" means a person who is:
16	16	(A) a student; and
17	17	(B) at least 12 [10] years of age and younger than
18	18	18 years of age.
19	19	SECTION 1.02. Section 51.02(2), Family Code, is amended to
20	20	read as follows:
21	21	(2) "Child" means a person who is:
22	22	(A) 10 [ten] years of age or older and under 18
23	23	[17] years of age; or
24	24	(B) 18 [seventeen] years of age or older and
25	25	under 20 [18] years of age who is:
26	26	(i) alleged or found to have engaged in
27	27	delinquent conduct or conduct indicating a need for supervision as
28	28	a result of acts committed before becoming 18 [17] years of age; and
29	29	(ii) under the jurisdiction of a juvenile
30	30	court.
31	31	SECTION 1.03. Sections 8.07(b), (d), and (e), Penal Code,
32	32	are amended to read as follows:
33	33	(b) Unless the juvenile court waives jurisdiction under
34	34	Section 54.02, Family Code, and certifies the individual for
35	35	criminal prosecution or the juvenile court has previously waived
36	36	jurisdiction under that section and certified the individual for
37	37	criminal prosecution, a person may not be prosecuted for or
38	38	convicted of any offense committed before reaching 18 [17] years of
39	39	age except an offense described by Subsections (a)(1)-(5).
40	40	(d) Notwithstanding Subsection (a), a person may not be
41	41	prosecuted for or convicted of an offense described by Subsection
42	42	(a)(4) or (5) that the person committed when younger than 12 [10]
43	43	years of age.
44	44	(e) A person who is at least 12 [10] years of age but younger
45	45	than 15 years of age is presumed incapable of committing an offense
46	46	described by Subsection (a)(4) or (5), other than an offense under a
47	47	juvenile curfew ordinance or order. This presumption may be
48	48	refuted if the prosecution proves to the court by a preponderance of
49	49	the evidence that the actor had sufficient capacity to understand
50	50	that the conduct engaged in was wrong at the time the conduct was
51	51	engaged in. The prosecution is not required to prove that the actor
52	52	at the time of engaging in the conduct knew that the act was a
53	53	criminal offense or knew the legal consequences of the offense.
54	54	SECTION 1.04. The changes in law made by this article apply
55	55	only to an offense committed or conduct that occurs on or after
56	56	September 1, 2020. An offense committed or conduct that occurred
57	57	before September 1, 2020, is governed by the law in effect on the
58	58	date the offense was committed or the conduct occurred, and the
59	59	former law is continued in effect for that purpose. For purposes of
60	60	this section, an offense was committed or conduct occurred before
61	61	September 1, 2020, if any element of the offense or conduct occurred
62	62	before that date.
63	63	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
64	64	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
65	65	read as follows:
66	66	(e) An offense under this section is one category lower than
67	67	the solicited offense, except that an offense under this section is
68	68	the same category as the solicited offense if it is shown on the
69	69	trial of the offense that the actor:
70	70	(1) was at the time of the offense 18 [17] years of age
71	71	or older and a member of a criminal street gang, as defined by
72	72	Section 71.01; and
73	73	(2) committed the offense with the intent to:
74	74	(A) further the criminal activities of the
75	75	criminal street gang; or
76	76	(B) avoid detection as a member of a criminal
77	77	street gang.
78	78	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
79	79	read as follows:
80	80	(b) A person commits an offense if:
81	81	(1) during a period that is 30 or more days in
82	82	duration, the person commits two or more acts of sexual abuse,
83	83	regardless of whether the acts of sexual abuse are committed
84	84	against one or more victims; and
85	85	(2) at the time of the commission of each of the acts
86	86	of sexual abuse, the actor is 18 [17] years of age or older and the
87	87	victim is a child younger than 14 years of age, regardless of
88	88	whether the actor knows the age of the victim at the time of the
89	89	offense.
90	90	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
91	91	read as follows:
92	92	(b) A person who is 18 [17] years of age or older commits an
93	93	offense if, with the intent to commit an offense listed in Article
94	94	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
95	95	over the Internet, by electronic mail or text message or other
96	96	electronic message service or system, or through a commercial
97	97	online service, intentionally:
98	98	(1) communicates in a sexually explicit manner with a
99	99	minor; or
100	100	(2) distributes sexually explicit material to a minor.
101	101	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
102	102	read as follows:
103	103	(c) Except as provided by Subsection (d), the punishment
104	104	prescribed for an offense described by Subsection (b) is increased
105	105	to the punishment prescribed for the next highest category of
106	106	offense if the actor is 18 [17] years of age or older and it is shown
107	107	beyond a reasonable doubt on the trial of the offense that the actor
108	108	committed the offense at a location that was:
109	109	(1) in, on, or within 1,000 feet of any:
110	110	(A) real property that is owned, rented, or
111	111	leased by a school or school board;
112	112	(B) premises owned, rented, or leased by an
113	113	institution of higher education;
114	114	(C) premises of a public or private youth center;
115	115	or
116	116	(D) playground;
117	117	(2) in, on, or within 300 feet of any:
118	118	(A) shopping mall;
119	119	(B) movie theater;
120	120	(C) premises of a public swimming pool; or
121	121	(D) premises of a video arcade facility; or
122	122	(3) on a school bus.
123	123	SECTION 2.05. Sections 545.424(b) and (b-1),
124	124	Transportation Code, are amended to read as follows:
125	125	(b) A person under 18 [17] years of age who holds a
126	126	restricted motorcycle license or moped license may not operate a
127	127	motorcycle or moped while using a wireless communication device,
128	128	except in case of emergency. This subsection does not apply to a
129	129	person licensed by the Federal Communications Commission while
130	130	operating a radio frequency device other than a wireless
131	131	communication device.
132	132	(b-1) A person under 18 [17] years of age who holds a
133	133	restricted motorcycle license or moped license, during the 12-month
134	134	period following the issuance of an original motorcycle license or
135	135	moped license to the person, may not operate a motorcycle or moped
136	136	after midnight and before 5 a.m. unless:
137	137	(1) the person is in sight of the person's parent or
138	138	guardian; or
139	139	(2) the operation of the vehicle is necessary for the
140	140	operator to attend or participate in employment or a school-related
141	141	activity or because of a medical emergency.
142	142	SECTION 2.06. Section 729.001(a), Transportation Code, is
143	143	amended to read as follows:
144	144	(a) A person who is younger than 18 [17] years of age commits
145	145	an offense if the person operates a motor vehicle on a public road
146	146	or highway, a street or alley in a municipality, or a public beach
147	147	in violation of any traffic law of this state, including:
148	148	(1) Chapter 502, other than Section [502.282 or]
149	149	502.412;
150	150	(2) Chapter 521, other than an offense under Section
151	151	521.457;
152	152	(3) Subtitle C, other than an offense punishable by
153	153	imprisonment or by confinement in jail under Section 550.021,
154	154	550.022, 550.024, or 550.025;
155	155	(4) Chapter 601;
156	156	(5) Chapter 621;
157	157	(6) Chapter 661; and
158	158	(7) Chapter 681.
159	159	SECTION 2.07. Section 729.002, Transportation Code, is
160	160	amended to read as follows:
161	161	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
162	162	LICENSE. (a) A person who is younger than 18 [17] years of age
163	163	commits an offense if the person operates a motor vehicle without a
164	164	driver's license authorizing the operation of a motor vehicle on a:
165	165	(1) public road or highway;
166	166	(2) street or alley in a municipality; or
167	167	(3) public beach as defined by Section 729.001.
168	168	(b) An offense under this section is punishable in the same
169	169	manner as if the person was 18 [17] years of age or older and
170	170	operated a motor vehicle without a license as described by
171	171	Subsection (a), except that an offense under this section is not
172	172	punishable by confinement or imprisonment.
173	173	SECTION 2.08. The changes in law made by this article apply
174	174	only to an offense committed on or after September 1, 2020. An
175	175	offense committed before September 1, 2020, is governed by the law
176	176	in effect on the date the offense was committed, and the former law
177	177	is continued in effect for that purpose. For purposes of this
178	178	section, an offense was committed before September 1, 2020, if any
179	179	element of the offense occurred before that date.
180	180	ARTICLE 3. CRIMINAL PROCEDURES
181	181	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
182	182	amended to read as follows:
183	183	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
184	184	ADULT. (a) Notwithstanding the order of a juvenile court to
185	185	detain a person under the age of 18 [17] who has been certified to
186	186	stand trial as an adult in a certified juvenile detention facility
187	187	under Section 54.02(h), Family Code, the judge of the criminal
188	188	court having jurisdiction over the person may order the person to be
189	189	transferred to an adult facility. A child who is transferred to an
190	190	adult facility must be detained under conditions meeting the
191	191	requirements of Section 51.12, Family Code.
192	192	(b) On the 18th [17th] birthday of a person described by
193	193	Subsection (a) who is detained in a certified juvenile detention
194	194	facility under Section 54.02(h), Family Code, the judge of the
195	195	criminal court having jurisdiction over the person shall order the
196	196	person to be transferred to an adult facility.
197	197	SECTION 3.02. Article 45.0215(a), Code of Criminal
198	198	Procedure, is amended to read as follows:
199	199	(a) This article applies to a defendant who has not had the
200	200	disabilities of minority removed and [has been:
201	201	[(1) charged with an offense other than an offense
202	202	under Section 43.261, Penal Code, if the defendant is younger than
203	203	17 years of age; or
204	204	[(2) charged with an offense under Section 43.261,
205	205	Penal Code, if the defendant] is younger than 18 years of age.
206	206	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
207	207	Procedure, are amended to read as follows:
208	208	(b) A person may apply to the court in which the person was
209	209	convicted to have the conviction expunged as provided by this
210	210	article on or after the person's 18th [17th] birthday if:
211	211	(1) the person was convicted of not more than one
212	212	offense described by Section 8.07(a)(4) or (5), Penal Code, while
213	213	the person was a child; or
214	214	(2) the person was convicted only once of an offense
215	215	under Section 43.261, Penal Code.
216	216	(h) Records of a person under 18 [17] years of age relating
217	217	to a complaint may be expunged under this article if:
218	218	(1) the complaint was dismissed under Article 45.051
219	219	or 45.052 or other law; or
220	220	(2) the person was acquitted of the offense.
221	221	SECTION 3.04. Article 45.045(b), Code of Criminal
222	222	Procedure, is amended to read as follows:
223	223	(b) A capias pro fine may not be issued for an individual
224	224	convicted for an offense committed before the individual's 18th
225	225	[17th] birthday unless:
226	226	(1) the individual is 18 [17] years of age or older;
227	227	(2) the court finds that the issuance of the capias pro
228	228	fine is justified after considering:
229	229	(A) the sophistication and maturity of the
230	230	individual;
231	231	(B) the criminal record and history of the
232	232	individual; and
233	233	(C) the reasonable likelihood of bringing about
234	234	the discharge of the judgment through the use of procedures and
235	235	services currently available to the court; and
236	236	(3) the court has proceeded under Article 45.050 to
237	237	compel the individual to discharge the judgment.
238	238	SECTION 3.05. Article 45.0492(a), Code of Criminal
239	239	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
240	240	Legislature, Regular Session, 2011, is amended to read as follows:
241	241	(a) This article applies only to a defendant younger than 18
242	242	[17] years of age who is assessed a fine or costs for a Class C
243	243	misdemeanor occurring in a building or on the grounds of the primary
244	244	or secondary school at which the defendant was enrolled at the time
245	245	of the offense.
246	246	SECTION 3.06. Article 45.0492(a), Code of Criminal
247	247	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
248	248	Legislature, Regular Session, 2011, is amended to read as follows:
249	249	(a) This article applies only to a defendant younger than 18
250	250	[17] years of age who is assessed a fine or costs for a Class C
251	251	misdemeanor.
252	252	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
253	253	Criminal Procedure, are amended to read as follows:
254	254	(d) A justice or municipal court may hold a person in
255	255	contempt and impose a remedy authorized by Subsection (c)(2) if:
256	256	(1) the person was convicted for an offense committed
257	257	before the person's 18th [17th] birthday;
258	258	(2) the person failed to obey the order while the
259	259	person was 18 [17] years of age or older; and
260	260	(3) the failure to obey occurred under circumstances
261	261	that constitute contempt of court.
262	262	(e) A justice or municipal court may hold a person in
263	263	contempt and impose a remedy authorized by Subsection (c)(2) if the
264	264	person, while younger than 18 [17] years of age, engaged in conduct
265	265	in contempt of an order issued by the justice or municipal court,
266	266	but contempt proceedings could not be held before the person's 18th
267	267	[17th] birthday.
268	268	(g) A justice or municipal court may not refer a child who
269	269	violates a court order while 18 [17] years of age or older to a
270	270	juvenile court for delinquency proceedings for contempt of court.
271	271	SECTION 3.08. Article 45.057(h), Code of Criminal
272	272	Procedure, is amended to read as follows:
273	273	(h) A child and parent required to appear before the court
274	274	have an obligation to provide the court in writing with the current
275	275	address and residence of the child. The obligation does not end
276	276	when the child reaches age 18 [17]. On or before the seventh day
277	277	after the date the child or parent changes residence, the child or
278	278	parent shall notify the court of the current address in the manner
279	279	directed by the court. A violation of this subsection may result in
280	280	arrest and is a Class C misdemeanor. The obligation to provide
281	281	notice terminates on discharge and satisfaction of the judgment or
282	282	final disposition not requiring a finding of guilt.
283	283	SECTION 3.09. Article 45.058(h), Code of Criminal
284	284	Procedure, is amended to read as follows:
285	285	(h) In this article, "child" means a person who is:
286	286	(1) at least 12 [10] years of age and younger than 18
287	287	[17] years of age; and
288	288	(2) charged with or convicted of an offense that a
289	289	justice or municipal court has jurisdiction of under Article 4.11
290	290	or 4.14.
291	291	SECTION 3.10. Article 45.059(a), Code of Criminal
292	292	Procedure, is amended to read as follows:
293	293	(a) A peace officer taking into custody a person younger
294	294	than 18 [17] years of age for violation of a juvenile curfew
295	295	ordinance of a municipality or order of the commissioners court of a
296	296	county shall, without unnecessary delay:
297	297	(1) release the person to the person's parent,
298	298	guardian, or custodian;
299	299	(2) take the person before a justice or municipal
300	300	court to answer the charge; or
301	301	(3) take the person to a place designated as a juvenile
302	302	curfew processing office by the head of the law enforcement agency
303	303	having custody of the person.
304	304	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
305	305	Criminal Procedure, are amended to read as follows:
306	306	(a) Except as provided by Articles 45.058 and 45.059, an
307	307	individual may not be taken into secured custody for offenses
308	308	alleged to have occurred before the individual's 18th [17th]
309	309	birthday.
310	310	(b) On or after an individual's 18th [17th] birthday, if the
311	311	court has used all available procedures under this chapter to
312	312	secure the individual's appearance to answer allegations made
313	313	before the individual's 18th [17th] birthday, the court may issue a
314	314	notice of continuing obligation to appear by personal service or by
315	315	mail to the last known address and residence of the individual. The
316	316	notice must order the individual to appear at a designated time,
317	317	place, and date to answer the allegations detailed in the notice.
318	318	(e) A notice of continuing obligation to appear issued under
319	319	this article must contain the following statement provided in
320	320	boldfaced type or capital letters:
321	321	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
322	322	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
323	323	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
324	324	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
325	325	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
326	326	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
327	327	FOR YOUR ARREST."
328	328	SECTION 3.12. Article 62.001(6), Code of Criminal
329	329	Procedure, is amended to read as follows:
330	330	(6) "Sexually violent offense" means any of the
331	331	following offenses committed by a person 18 [17] years of age or
332	332	older:
333	333	(A) an offense under Section 21.02 (Continuous
334	334	sexual abuse of young child or children), 21.11(a)(1) (Indecency
335	335	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
336	336	sexual assault), Penal Code;
337	337	(B) an offense under Section 43.25 (Sexual
338	338	performance by a child), Penal Code;
339	339	(C) an offense under Section 20.04(a)(4)
340	340	(Aggravated kidnapping), Penal Code, if the defendant committed the
341	341	offense with intent to violate or abuse the victim sexually;
342	342	(D) an offense under Section 30.02 (Burglary),
343	343	Penal Code, if the offense is punishable under Subsection (d) of
344	344	that section and the defendant committed the offense with intent to
345	345	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
346	346	or
347	347	(E) an offense under the laws of another state,
348	348	federal law, the laws of a foreign country, or the Uniform Code of
349	349	Military Justice if the offense contains elements that are
350	350	substantially similar to the elements of an offense listed under
351	351	Paragraph (A), (B), (C), or (D).
352	352	SECTION 3.13. Article 62.351(a), Code of Criminal
353	353	Procedure, is amended to read as follows:
354	354	(a) During or after disposition of a case under Section
355	355	54.04, Family Code, for adjudication of an offense for which
356	356	registration is required under this chapter, the juvenile court on
357	357	motion of the respondent shall conduct a hearing to determine
358	358	whether the interests of the public require registration under this
359	359	chapter. The motion may be filed and the hearing held regardless of
360	360	whether the respondent is under 19 [18] years of age. Notice of the
361	361	motion and hearing shall be provided to the prosecuting attorney.
362	362	SECTION 3.14. Article 62.352(c), Code of Criminal
363	363	Procedure, is amended to read as follows:
364	364	(c) If the court enters an order described by Subsection
365	365	(b)(1), the court retains discretion and jurisdiction to require,
366	366	or exempt the respondent from, registration under this chapter at
367	367	any time during the treatment or on the successful or unsuccessful
368	368	completion of treatment, except that during the period of deferral,
369	369	registration may not be required. Following successful completion
370	370	of treatment, the respondent is exempted from registration under
371	371	this chapter unless a hearing under this subchapter is held on
372	372	motion of the prosecuting attorney, regardless of whether the
373	373	respondent is 19 [18] years of age or older, and the court
374	374	determines the interests of the public require registration. Not
375	375	later than the 10th day after the date of the respondent's
376	376	successful completion of treatment, the treatment provider shall
377	377	notify the juvenile court and prosecuting attorney of the
378	378	completion.
379	379	SECTION 3.15. Article 62.353(b), Code of Criminal
380	380	Procedure, is amended to read as follows:
381	381	(b) The person may file a motion under Subsection (a) in the
382	382	original juvenile case regardless of whether the person, at the
383	383	time of filing the motion, is 19 [18] years of age or older. Notice
384	384	of the motion shall be provided to the prosecuting attorney. A
385	385	hearing on the motion shall be provided as in other cases under this
386	386	subchapter.
387	387	SECTION 3.16. Section 37.085, Education Code, is amended to
388	388	read as follows:
389	389	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
390	390	MISDEMEANORS. Notwithstanding any other provision of law, a
391	391	warrant may not be issued for the arrest of a person for a Class C
392	392	misdemeanor under this code committed when the person was younger
393	393	than 18 [17] years of age.
394	394	SECTION 3.17. Section 153.0071(e-1), Family Code, is
395	395	amended to read as follows:
396	396	(e-1) Notwithstanding Subsections (d) and (e), a court may
397	397	decline to enter a judgment on a mediated settlement agreement if
398	398	the court finds:
399	399	(1) that:
400	400	(A) a party to the agreement was a victim of
401	401	family violence, and that circumstance impaired the party's ability
402	402	to make decisions; or
403	403	(B) the agreement would permit a person who is
404	404	subject to registration under Chapter 62, Code of Criminal
405	405	Procedure, on the basis of an offense committed by the person when
406	406	the person was 18 [17] years of age or older or who otherwise has a
407	407	history or pattern of past or present physical or sexual abuse
408	408	directed against any person to:
409	409	(i) reside in the same household as the
410	410	child; or
411	411	(ii) otherwise have unsupervised access to
412	412	the child; and
413	413	(2) that the agreement is not in the child's best
414	414	interest.
415	415	SECTION 3.18. Section 521.453(i), Transportation Code, is
416	416	amended to read as follows:
417	417	(i) If the person ordered to perform community service under
418	418	Subsection (h) is younger than 18 [17] years of age, the community
419	419	service shall be performed as if ordered by a juvenile court under
420	420	Section 54.044(a), Family Code, as a condition of probation under
421	421	Section 54.04(d), Family Code.
422	422	SECTION 3.19. (a) Except as provided by Subsection (b) of
423	423	this section, the changes in law made by this article apply only to
424	424	an offense committed on or after September 1, 2020. An offense
425	425	committed before September 1, 2020, is governed by the law in effect
426	426	on the date the offense was committed, and the former law is
427	427	continued in effect for that purpose.
428	428	(b) Articles 45.0216(b) and (h), Code of Criminal
429	429	Procedure, as amended by this article, apply only to the expunction
430	430	of certain records related to an offense committed on or after
431	431	September 1, 2020. The expunction of certain records related to an
432	432	offense committed before September 1, 2020, is governed by the law
433	433	in effect on the date the offense was committed, and the former law
434	434	is continued in effect for that purpose.
435	435	(c) For purposes of this section, an offense was committed
436	436	before September 1, 2020, if any element of the offense occurred
437	437	before that date.
438	438	ARTICLE 4. JUVENILE COURT PROCEDURES
439	439	SECTION 4.01. Section 51.041, Family Code, is amended to
440	440	read as follows:
441	441	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
442	442	retains jurisdiction over a person, without regard to the age of the
443	443	person, for conduct engaged in by the person before becoming 18 [17]
444	444	years of age if, as a result of an appeal by the person or the state
445	445	under Chapter 56 of an order of the court, the order is reversed or
446	446	modified and the case remanded to the court by the appellate court.
447	447	(b) If the respondent is at least 18 years of age when the
448	448	order of remand from the appellate court is received by the juvenile
449	449	court, the juvenile court shall proceed as provided by Sections
450	450	54.02(o)-(r) for the detention of a person at least 19 [18] years of
451	451	age in discretionary transfer proceedings. Pending retrial of the
452	452	adjudication or transfer proceeding, the juvenile court may:
453	453	(1) order the respondent released from custody;
454	454	(2) order the respondent detained in a juvenile
455	455	detention facility; or
456	456	(3) set bond and order the respondent detained in a
457	457	county adult facility if bond is not made.
458	458	SECTION 4.02. Section 51.0412, Family Code, is amended to
459	459	read as follows:
460	460	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
461	461	The court retains jurisdiction over a person, without regard to the
462	462	age of the person, who is a respondent in an adjudication
463	463	proceeding, a disposition proceeding, a proceeding to modify
464	464	disposition, a proceeding for waiver of jurisdiction and transfer
465	465	to criminal court under Section 54.02(a), or a motion for transfer
466	466	of determinate sentence probation to an appropriate district court
467	467	if:
468	468	(1) the petition or motion was filed while the
469	469	respondent was younger than 19 or 20 [18 or 19] years of age, as
470	470	applicable;
471	471	(2) the proceeding is not complete before the
472	472	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
473	473	and
474	474	(3) the court enters a finding in the proceeding that
475	475	the prosecuting attorney exercised due diligence in an attempt to
476	476	complete the proceeding before the respondent became 19 or 20 [18 or
477	477	19] years of age, as applicable.
478	478	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
479	479	amended to read as follows:
480	480	(f) A child detained in a building that contains a jail,
481	481	lockup, or other place of secure confinement, including an alcohol
482	482	or other drug treatment facility, shall be separated by sight and
483	483	sound from adults detained in the same building. Children and
484	484	adults are separated by sight and sound only if they are unable to
485	485	see each other and conversation between them is not possible. The
486	486	separation must extend to all areas of the facility, including
487	487	sally ports and passageways, and those areas used for admission,
488	488	counseling, sleeping, toileting, showering, dining, recreational,
489	489	educational, or vocational activities, and health care. The
490	490	separation may be accomplished through architectural design. A
491	491	person who has been transferred for prosecution in criminal court
492	492	under Section 54.02 and is under 18 [17] years of age is considered
493	493	a child for the purposes of this subsection.
494	494	(h) This section does not apply to a person:
495	495	(1) who has been transferred to criminal court for
496	496	prosecution under Section 54.02 and is at least 18 [17] years of
497	497	age; or
498	498	(2) who is at least 18 [17] years of age and who has
499	499	been taken into custody after having:
500	500	(A) escaped from a juvenile facility operated by
501	501	or under contract with the Texas Juvenile Justice Department; or
502	502	(B) violated a condition of release under
503	503	supervision of the department.
504	504	SECTION 4.04. Section 54.02(j), Family Code, is amended to
505	505	read as follows:
506	506	(j) The juvenile court may waive its exclusive original
507	507	jurisdiction and transfer a person to the appropriate district
508	508	court or criminal district court for criminal proceedings if:
509	509	(1) the person is 19 [18] years of age or older;
510	510	(2) the person was:
511	511	(A) 12 [10] years of age or older and under 18
512	512	[17] years of age at the time the person is alleged to have
513	513	committed a capital felony or an offense under Section 19.02, Penal
514	514	Code;
515	515	(B) 14 years of age or older and under 18 [17]
516	516	years of age at the time the person is alleged to have committed an
517	517	aggravated controlled substance felony or a felony of the first
518	518	degree other than an offense under Section 19.02, Penal Code; or
519	519	(C) 15 years of age or older and under 18 [17]
520	520	years of age at the time the person is alleged to have committed a
521	521	felony of the second or third degree or a state jail felony;
522	522	(3) no adjudication concerning the alleged offense has
523	523	been made or no adjudication hearing concerning the offense has
524	524	been conducted;
525	525	(4) the juvenile court finds from a preponderance of
526	526	the evidence that:
527	527	(A) for a reason beyond the control of the state
528	528	it was not practicable to proceed in juvenile court before the 19th
529	529	[18th] birthday of the person; or
530	530	(B) after due diligence of the state it was not
531	531	practicable to proceed in juvenile court before the 19th [18th]
532	532	birthday of the person because:
533	533	(i) the state did not have probable cause to
534	534	proceed in juvenile court and new evidence has been found since the
535	535	19th [18th] birthday of the person;
536	536	(ii) the person could not be found; or
537	537	(iii) a previous transfer order was
538	538	reversed by an appellate court or set aside by a district court; and
539	539	(5) the juvenile court determines that there is
540	540	probable cause to believe that the child before the court committed
541	541	the offense alleged.
542	542	SECTION 4.05. Section 54.0326(b), Family Code, is amended
543	543	to read as follows:
544	544	(b) A juvenile court may defer adjudication proceedings
545	545	under Section 54.03 until the child's 19th [18th] birthday and
546	546	require a child to participate in a program established under
547	547	Section 152.0017, Human Resources Code, if the child:
548	548	(1) is alleged to have engaged in delinquent conduct
549	549	or conduct indicating a need for supervision and may be a victim of
550	550	conduct that constitutes an offense under Section 20A.02, Penal
551	551	Code; and
552	552	(2) presents to the court an oral or written request to
553	553	participate in the program.
554	554	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
555	555	are amended to read as follows:
556	556	(e) The Texas Juvenile Justice Department shall accept a
557	557	person properly committed to it by a juvenile court even though the
558	558	person may be 18 [17] years of age or older at the time of
559	559	commitment.
560	560	(l) Except as provided by Subsection (q), a court or jury
561	561	may place a child on probation under Subsection (d)(1) for any
562	562	period, except that probation may not continue on or after the
563	563	child's 19th [18th] birthday. Except as provided by Subsection
564	564	(q), the court may, before the period of probation ends, extend the
565	565	probation for any period, except that the probation may not extend
566	566	to or after the child's 19th [18th] birthday.
567	567	(q) If a court or jury sentences a child to commitment in the
568	568	Texas Juvenile Justice Department or a post-adjudication secure
569	569	correctional facility under Subsection (d)(3) for a term of not
570	570	more than 10 years, the court or jury may place the child on
571	571	probation under Subsection (d)(1) as an alternative to making the
572	572	disposition under Subsection (d)(3). The court shall prescribe
573	573	the period of probation ordered under this subsection for a term of
574	574	not more than 10 years. The court may, before the sentence of
575	575	probation expires, extend the probationary period under Section
576	576	54.05, except that the sentence of probation and any extension may
577	577	not exceed 10 years. The court may, before the child's 20th [19th]
578	578	birthday, discharge the child from the sentence of probation. If a
579	579	sentence of probation ordered under this subsection and any
580	580	extension of probation ordered under Section 54.05 will continue
581	581	after the child's 20th [19th] birthday, the court shall discharge
582	582	the child from the sentence of probation on the child's 20th [19th]
583	583	birthday unless the court transfers the child to an appropriate
584	584	district court under Section 54.051.
585	585	SECTION 4.07. Section 54.0405(i), Family Code, is amended
586	586	to read as follows:
587	587	(i) A court that requires as a condition of probation that a
588	588	child attend psychological counseling under Subsection (a) may,
589	589	before the date the probation period ends, extend the probation for
590	590	any additional period necessary to complete the required counseling
591	591	as determined by the treatment provider, except that the probation
592	592	may not be extended to a date after the date of the child's 19th
593	593	[18th] birthday, or 20th [19th] birthday if the child is placed on
594	594	determinate sentence probation under Section 54.04(q).
595	595	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
596	596	amended to read as follows:
597	597	(b) If a child is found to have engaged in delinquent
598	598	conduct or conduct indicating a need for supervision arising from
599	599	the commission of an offense in which property damage or loss or
600	600	personal injury occurred, the juvenile court, on notice to all
601	601	persons affected and on hearing, may order the child or a parent to
602	602	make full or partial restitution to the victim of the offense. The
603	603	program of restitution must promote the rehabilitation of the
604	604	child, be appropriate to the age and physical, emotional, and
605	605	mental abilities of the child, and not conflict with the child's
606	606	schooling. When practicable and subject to court supervision, the
607	607	court may approve a restitution program based on a settlement
608	608	between the child and the victim of the offense. An order under
609	609	this subsection may provide for periodic payments by the child or a
610	610	parent of the child for the period specified in the order but except
611	611	as provided by Subsection (h), that period may not extend past the
612	612	date of the 19th [18th] birthday of the child or past the date the
613	613	child is no longer enrolled in an accredited secondary school in a
614	614	program leading toward a high school diploma, whichever date is
615	615	later.
616	616	(h) If the juvenile court places the child on probation in a
617	617	determinate sentence proceeding initiated under Section 53.045 and
618	618	transfers supervision on the child's 20th [19th] birthday to a
619	619	district court for placement on community supervision, the district
620	620	court shall require the payment of any unpaid restitution as a
621	621	condition of the community supervision. The liability of the
622	622	child's parent for restitution may not be extended by transfer to a
623	623	district court for supervision.
624	624	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
625	625	amended to read as follows:
626	626	(a) Any [Except as provided by Subsection (a-1), any]
627	627	disposition, except a commitment to the Texas Juvenile Justice
628	628	Department, may be modified by the juvenile court as provided in
629	629	this section until:
630	630	(1) the child reaches:
631	631	(A) the child's 19th [18th] birthday; or
632	632	(B) the child's 20th [19th] birthday, if the
633	633	child was placed on determinate sentence probation under Section
634	634	54.04(q); or
635	635	(2) the child is earlier discharged by the court or
636	636	operation of law.
637	637	(b) Except for a commitment to the Texas Juvenile Justice
638	638	Department [or to a post-adjudication secure correctional facility
639	639	under Section 54.04011] or a placement on determinate sentence
640	640	probation under Section 54.04(q), all dispositions automatically
641	641	terminate when the child reaches the child's 19th [18th] birthday.
642	642	SECTION 4.10. Section 54.051, Family Code, is amended by
643	643	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
644	644	Subsection (j) to read as follows:
645	645	(a) On motion of the state concerning a child who is placed
646	646	on probation under Section 54.04(q) for a period, including any
647	647	extension ordered under Section 54.05, that will continue after the
648	648	child's applicable [19th] birthday, the juvenile court shall hold a
649	649	hearing to determine whether to transfer the child to an
650	650	appropriate district court or discharge the child from the sentence
651	651	of probation.
652	652	(b) The hearing must be conducted before the person's
653	653	applicable [19th] birthday[, or before the person's 18th birthday
654	654	if the offense for which the person was placed on probation occurred
655	655	before September 1, 2011,] and must be conducted in the same manner
656	656	as a hearing to modify disposition under Section 54.05.
657	657	(c) If, after a hearing, the court determines to discharge
658	658	the child, the court shall specify a date on or before the child's
659	659	applicable [19th] birthday to discharge the child from the
660	660	sentence of probation.
661	661	(d) If, after a hearing, the court determines to transfer
662	662	the child, the court shall transfer the child to an appropriate
663	663	district court on the child's applicable [19th] birthday.
664	664	(e-2) If a person who is placed on community supervision
665	665	under this section violates a condition of that supervision or if
666	666	the person violated a condition of probation ordered under Section
667	667	54.04(q) and that probation violation was not discovered by the
668	668	state before the person's 20th [19th] birthday, the district court
669	669	shall dispose of the violation of community supervision or
670	670	probation, as appropriate, in the same manner as if the court had
671	671	originally exercised jurisdiction over the case. If the judge
672	672	revokes community supervision, the judge may reduce the prison
673	673	sentence to any length without regard to the minimum term imposed by
674	674	Article 42A.755(a), Code of Criminal Procedure.
675	675	(i) If the juvenile court exercises jurisdiction over a
676	676	person on or after the person's [who is 18 or 19 years of age or
677	677	older, as] applicable birthday, under Section 51.041 or 51.0412,
678	678	the court or jury may, if the person is otherwise eligible, place
679	679	the person on probation under Section 54.04(q). The juvenile court
680	680	shall set the conditions of probation and immediately transfer
681	681	supervision of the person to the appropriate court exercising
682	682	criminal jurisdiction under Subsection (e).
683	683	(j) In this section, "applicable birthday" means the
684	684	person's:
685	685	(1) 18th birthday, if the conduct for which the person
686	686	was placed on probation occurred before September 1, 2011;
687	687	(2) 19th birthday, if the conduct for which the person
688	688	was placed on probation occurred on or after September 1, 2011, but
689	689	before September 1, 2020; or
690	690	(3) 20th birthday, if the conduct for which the person
691	691	was placed on probation occurred on or after September 1, 2020.
692	692	SECTION 4.11. Section 54.11(l), Family Code, is amended to
693	693	read as follows:
694	694	(l) Pending the conclusion of a transfer hearing, the
695	695	juvenile court shall order that the person who is referred for
696	696	transfer be detained in a certified juvenile detention facility as
697	697	provided by Subsection (m). If the person is at least 18 [17] years
698	698	of age, the juvenile court may order that the person be detained
699	699	without bond in an appropriate county facility for the detention of
700	700	adults accused of criminal offenses.
701	701	SECTION 4.12. Section 55.15, Family Code, is amended to
702	702	read as follows:
703	703	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
704	704	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
705	705	which the child's case is referred under Section 55.12(2) orders
706	706	mental health services for the child, the child shall be cared for,
707	707	treated, and released in conformity to Subtitle C, Title 7, Health
708	708	and Safety Code, except:
709	709	(1) a court order for mental health services for a
710	710	child automatically expires on the 120th day after the date the
711	711	child becomes 19 [18] years of age; and
712	712	(2) the administrator of a mental health facility
713	713	shall notify, in writing, by certified mail, return receipt
714	714	requested, the juvenile court that ordered mental health services
715	715	or the juvenile court that referred the case to a court that ordered
716	716	the mental health services of the intent to discharge the child at
717	717	least 10 days prior to discharge.
718	718	SECTION 4.13. Section 55.18, Family Code, is amended to
719	719	read as follows:
720	720	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
721	721	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
722	722	mental health facility before reaching 19 [18] years of age, the
723	723	juvenile court may:
724	724	(1) dismiss the juvenile court proceedings with
725	725	prejudice; or
726	726	(2) continue with proceedings under this title as
727	727	though no order of mental health services had been made.
728	728	SECTION 4.14. The heading to Section 55.19, Family Code, is
729	729	amended to read as follows:
730	730	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
731	731	BIRTHDAY.
732	732	SECTION 4.15. Section 55.19(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 under Section 55.12(2) has
738	738	ordered inpatient mental health services if:
739	739	(1) the child is not discharged or furloughed from the
740	740	inpatient mental health facility before reaching 19 [18] years of
741	741	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 4.16. Section 55.43(a), Family Code, is amended to
747	747	read as follows:
748	748	(a) The prosecuting attorney may file with the juvenile
749	749	court a motion for a restoration hearing concerning a child if:
750	750	(1) the child is found unfit to proceed as a result of
751	751	mental illness or an intellectual disability; and
752	752	(2) the child:
753	753	(A) is not:
754	754	(i) ordered by a court to receive inpatient
755	755	mental health services;
756	756	(ii) committed by a court to a residential
757	757	care facility; or
758	758	(iii) ordered by a court to receive
759	759	treatment on an outpatient basis; or
760	760	(B) is discharged or currently on furlough from a
761	761	mental health facility or outpatient center before the child
762	762	reaches 19 [18] years of age.
763	763	SECTION 4.17. The heading to Section 55.44, Family Code, is
764	764	amended to read as follows:
765	765	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
766	766	BIRTHDAY OF CHILD.
767	767	SECTION 4.18. Section 55.44(a), Family Code, is amended to
768	768	read as follows:
769	769	(a) The juvenile court shall transfer all pending
770	770	proceedings from the juvenile court to a criminal court on the 19th
771	771	[18th] birthday of a child for whom the juvenile court or a court to
772	772	which the child's case is referred has ordered inpatient mental
773	773	health services or residential care for persons with an
774	774	intellectual disability if:
775	775	(1) the child is not discharged or currently on
776	776	furlough from the facility before reaching 19 [18] years of age; and
777	777	(2) the child is alleged to have engaged in delinquent
778	778	conduct that included a violation of a penal law listed in Section
779	779	53.045 and no adjudication concerning the alleged conduct has been
780	780	made.
781	781	SECTION 4.19. The heading to Section 56.03, Family Code, is
782	782	amended to read as follows:
783	783	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
784	784	FOR DETERMINATE SENTENCE].
785	785	SECTION 4.20. Section 56.03(b), Family Code, is amended to
786	786	read as follows:
787	787	(b) The state is entitled to appeal an order of a court:
788	788	(1) in a juvenile case in which the grand jury has
789	789	approved of the petition under Section 53.045 if the order:
790	790	(A) [(1)] dismisses a petition or any portion of
791	791	a petition;
792	792	(B) [(2)] arrests or modifies a judgment;
793	793	(C) [(3)] grants a new trial;
794	794	(D) [(4)] sustains a claim of former jeopardy; or
795	795	(E) [(5)] grants a motion to suppress evidence, a
796	796	confession, or an admission and if:
797	797	(i) [(A)] jeopardy has not attached in the
798	798	case;
799	799	(ii) [(B)] the prosecuting attorney
800	800	certifies to the trial court that the appeal is not taken for the
801	801	purpose of delay; and
802	802	(iii) [(C)] the evidence, confession, or
803	803	admission is of substantial importance in the case; or
804	804	(2) if the order denies the transfer of the child under
805	805	Section 54.02 to criminal court for prosecution as an adult.
806	806	SECTION 4.21. Section 58.0052(a)(3), Family Code, is
807	807	amended to read as follows:
808	808	(3) "Multi-system youth" means a person who:
809	809	(A) is younger than 20 [19] years of age; and
810	810	(B) has received services from two or more
811	811	juvenile service providers.
812	812	SECTION 4.22. Section 58.253(b), Family Code, is amended to
813	813	read as follows:
814	814	(b) A person who was referred to a juvenile probation
815	815	department for delinquent conduct is entitled to have all records
816	816	related to the person's juvenile matters, including records
817	817	relating to any matters involving conduct indicating a need for
818	818	supervision, sealed without applying to the juvenile court if the
819	819	person:
820	820	(1) is at least 20 [19] years of age;
821	821	(2) has not been adjudicated as having engaged in
822	822	delinquent conduct or, if adjudicated for delinquent conduct, was
823	823	not adjudicated for delinquent conduct violating a penal law of the
824	824	grade of felony;
825	825	(3) does not have any pending delinquent conduct
826	826	matters;
827	827	(4) has not been transferred by a juvenile court to a
828	828	criminal court for prosecution under Section 54.02;
829	829	(5) has not as an adult been convicted of a felony or a
830	830	misdemeanor punishable by confinement in jail; and
831	831	(6) does not have any pending charges as an adult for a
832	832	felony or a misdemeanor punishable by confinement in jail.
833	833	SECTION 4.23. Section 58.255(a), Family Code, is amended to
834	834	read as follows:
835	835	(a) A person who was referred to a juvenile probation
836	836	department for conduct indicating a need for supervision is
837	837	entitled to have all records related to all conduct indicating a
838	838	need for supervision matters sealed without applying to the
839	839	juvenile court if the person:
840	840	(1) is at least 19 [18] years of age;
841	841	(2) has not been referred to the juvenile probation
842	842	department for delinquent conduct;
843	843	(3) has not as an adult been convicted of a felony; and
844	844	(4) does not have any pending charges as an adult for a
845	845	felony or a misdemeanor punishable by confinement in jail.
846	846	SECTION 4.24. Section 58.256(c), Family Code, is amended to
847	847	read as follows:
848	848	(c) Except as provided by Subsection (d), the juvenile court
849	849	may order the sealing of records related to all matters for which
850	850	the person was referred to the juvenile probation department if the
851	851	person:
852	852	(1) is at least 19 [18] years of age, or is younger
853	853	than 19 [18] years of age and at least two years have elapsed after
854	854	the date of final discharge in each matter for which the person was
855	855	referred to the juvenile probation department;
856	856	(2) does not have any delinquent conduct matters
857	857	pending with any juvenile probation department or juvenile court;
858	858	(3) was not transferred by a juvenile court to a
859	859	criminal court for prosecution under Section 54.02;
860	860	(4) has not as an adult been convicted of a felony; and
861	861	(5) does not have any pending charges as an adult for a
862	862	felony or a misdemeanor punishable by confinement in jail.
863	863	SECTION 4.25. Section 58.264(b), Family Code, is amended to
864	864	read as follows:
865	865	(b) The records related to a person referred to a juvenile
866	866	probation department may be destroyed if the person:
867	867	(1) is at least 19 [18] years of age, and:
868	868	(A) the most serious conduct for which the person
869	869	was referred was conduct indicating a need for supervision, whether
870	870	or not the person was adjudicated; or
871	871	(B) the referral or information did not relate to
872	872	conduct indicating a need for supervision or delinquent conduct and
873	873	the juvenile probation department, prosecutor, or juvenile court
874	874	did not take action on the referral or information for that reason;
875	875	(2) is at least 21 years of age, and:
876	876	(A) the most serious conduct for which the person
877	877	was adjudicated was delinquent conduct that violated a penal law of
878	878	the grade of misdemeanor; or
879	879	(B) the most serious conduct for which the person
880	880	was referred was delinquent conduct and the person was not
881	881	adjudicated as having engaged in the conduct; or
882	882	(3) is at least 31 years of age and the most serious
883	883	conduct for which the person was adjudicated was delinquent conduct
884	884	that violated a penal law of the grade of felony.
885	885	SECTION 4.26. Section 59.005(b), Family Code, is amended to
886	886	read as follows:
887	887	(b) The juvenile court or the probation department shall
888	888	discharge the child from the custody of the probation department on
889	889	the date the provisions of this section are met or on the child's
890	890	19th [18th] birthday, whichever is earlier.
891	891	SECTION 4.27. Section 59.006(b), Family Code, is amended to
892	892	read as follows:
893	893	(b) The juvenile court shall discharge the child from the
894	894	custody of the probation department on the date the provisions of
895	895	this section are met or on the child's 19th [18th] birthday,
896	896	whichever is earlier.
897	897	SECTION 4.28. Section 59.007(b), Family Code, is amended to
898	898	read as follows:
899	899	(b) The juvenile court shall discharge the child from the
900	900	custody of the probation department on the date the provisions of
901	901	this section are met or on the child's 19th [18th] birthday,
902	902	whichever is earlier.
903	903	SECTION 4.29. Section 59.008(b), Family Code, is amended to
904	904	read as follows:
905	905	(b) The juvenile court shall discharge the child from the
906	906	custody of the probation department on the date the provisions of
907	907	this section are met or on the child's 19th [18th] birthday,
908	908	whichever is earlier.
909	909	SECTION 4.30. Section 59.009(c), Family Code, is amended to
910	910	read as follows:
911	911	(c) The Texas Juvenile Justice Department, juvenile board,
912	912	or local juvenile probation department may discharge the child from
913	913	the custody of the department, board, or probation department, as
914	914	applicable, on the date the provisions of this section are met or on
915	915	the child's 20th [19th] birthday, whichever is earlier.
916	916	SECTION 4.31. Section 61.051(c), Family Code, is amended to
917	917	read as follows:
918	918	(c) The juvenile court retains jurisdiction to enter a
919	919	contempt order if the motion for enforcement is filed not later than
920	920	six months after the child's 19th [18th] birthday.
921	921	SECTION 4.32. Section 614.019(b), Health and Safety Code,
922	922	is amended to read as follows:
923	923	(b) A child with mental illness who is receiving continuity
924	924	of care services during parole from the Texas Juvenile Justice
925	925	Department and who is no longer eligible to receive services from a
926	926	local mental health authority when the child becomes 18 [17] years
927	927	of age because the child does not meet the requirements of a local
928	928	service area plan under Section 533.0352(a) may continue to receive
929	929	continuity of care services from the office until the child
930	930	completes the child's parole.
931	931	SECTION 4.33. Section 63.001(1), Human Resources Code, is
932	932	amended to read as follows:
933	933	(1) "Juvenile" means a person from the age of 10 to 20
934	934	[18] years who:
935	935	(A) has been found to have engaged in delinquent
936	936	conduct by a juvenile court; and
937	937	(B) is under the jurisdiction of the juvenile
938	938	court [of competent jurisdiction].
939	939	SECTION 4.34. Section 152.0015, Human Resources Code, is
940	940	amended to read as follows:
941	941	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
942	942	JUVENILES. A juvenile board shall establish a policy that
943	943	specifies whether a person who has been transferred for criminal
944	944	prosecution under Section 54.02, Family Code, and is younger than
945	945	18 [17] years of age may be detained in a juvenile facility pending
946	946	trial as provided by Section 51.12, Family Code.
947	947	SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
948	948	is amended to read as follows:
949	949	(2) "Child" means an individual[:
950	950	[(A)] 10 years of age or older and younger than 20
951	951	[18] years of age who is under the jurisdiction of a juvenile
952	952	court[; or
953	953	[(B) 10 years of age or older and younger than 19
954	954	years of age who is committed to the department under Title 3,
955	955	Family Code].
956	956	SECTION 4.36. Section 243.001(a), Human Resources Code, is
957	957	amended to read as follows:
958	958	(a) The department may not assign a child younger than 16
959	959	[15] years of age to the same correctional facility dormitory as a
960	960	person who is at least 18 [17] years of age unless the department
961	961	determines that the placement is necessary to ensure the safety of
962	962	children in the custody of the department. This subsection does not
963	963	apply to a dormitory that is used exclusively for short-term
964	964	assessment and orientation purposes.
965	965	SECTION 4.37. Section 243.051(b), Human Resources Code, is
966	966	amended to read as follows:
967	967	(b) A child who is arrested or taken into custody under
968	968	Subsection (a) may be detained in any suitable place, including an
969	969	adult jail facility if the person is 18 [17] years of age or older,
970	970	until the child is returned to the custody of the department or
971	971	transported to a department facility.
972	972	SECTION 4.38. Section 244.014(a), Human Resources Code, is
973	973	amended to read as follows:
974	974	(a) After a child sentenced to commitment under Section
975	975	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
976	976	years of age but before the child becomes 20 [19] years of age, the
977	977	department may refer the child to the juvenile court that entered
978	978	the order of commitment for approval of the child's transfer to the
979	979	Texas Department of Criminal Justice for confinement if:
980	980	(1) the child has not completed the sentence; and
981	981	(2) the child's conduct, regardless of whether the
982	982	child was released under supervision under Section 245.051,
983	983	indicates that the welfare of the community requires the transfer.
984	984	SECTION 4.39. Section 244.015, Human Resources Code, is
985	985	amended to read as follows:
986	986	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
987	987	DETERMINATE SENTENCES. (a) When a child who is sentenced to
988	988	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
989	989	Family Code, becomes 19 [18] years of age, the department shall
990	990	evaluate whether the child is in need of additional services that
991	991	can be completed in the six-month period after the child's 19th
992	992	[18th] birthday to prepare the child for release from the custody of
993	993	the department or transfer to the Texas Department of Criminal
994	994	Justice.
995	995	(b) This section does not apply to a child who is released
996	996	from the custody of the department or who is transferred to the
997	997	Texas Department of Criminal Justice before the child's 19th [18th]
998	998	birthday.
999	999	SECTION 4.40. Section 245.053(i), Human Resources Code, is
1000	1000	amended to read as follows:
1001	1001	(i) If the department requires as a condition of release
1002	1002	that a child attend psychological counseling under Subsection (a),
1003	1003	the department may, before the date the period of release ends,
1004	1004	petition the appropriate court to request the court to extend the
1005	1005	period of release for an additional period necessary to complete
1006	1006	the required counseling as determined by the treatment provider,
1007	1007	except that the release period may not be extended to a date after
1008	1008	the date of the child's 19th [18th] birthday.
1009	1009	SECTION 4.41. Sections 245.151(d) and (e), Human Resources
1010	1010	Code, are amended to read as follows:
1011	1011	(d) Except as provided by Subsection (e), the department
1012	1012	shall discharge from its custody a person not already discharged on
1013	1013	the person's 20th [19th] birthday.
1014	1014	(e) The department shall transfer a person who has been
1015	1015	sentenced under a determinate sentence to commitment under Section
1016	1016	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1017	1017	returned to the department under Section 54.11(i)(1), Family Code,
1018	1018	to the custody of the Texas Department of Criminal Justice on the
1019	1019	person's 20th [19th] birthday, if the person has not already been
1020	1020	discharged or transferred, to serve the remainder of the person's
1021	1021	sentence on parole as provided by Section 508.156, Government Code.
1022	1022	SECTION 4.42. (a) Except as provided by Subsection (b) of
1023	1023	this section, the changes in law made by this article apply only to
1024	1024	procedures relating to conduct that occurs on or after September 1,
1025	1025	2020. Procedures relating to conduct that occurred before
1026	1026	September 1, 2020, are governed by the law in effect on the date the
1027	1027	conduct occurred, and the former law is continued in effect for that
1028	1028	purpose.
1029	1029	(b) The change in law made by this article to Section
1030	1030	58.0052, Family Code, applies to the sharing of information on or
1031	1031	after September 1, 2020, without regard to whether the information
1032	1032	was compiled before, on, or after that date.
1033	1033	(c) For purposes of this section, conduct occurred before
1034	1034	September 1, 2020, if any element of the conduct occurred before
1035	1035	that date.
1036	1036	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1037	1037	RESPONSIBILITY
1038	1038	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1039	1039	is amended to read as follows:
1040	1040	(5) "Confidential criminal record information of a
1041	1041	child" means information about a person's involvement in the
1042	1042	criminal justice system resulting from conduct that occurred or was
1043	1043	alleged to occur when the person was younger than 18 [17] years of
1044	1044	age that is confidential under Chapter 45, Code of Criminal
1045	1045	Procedure, or other law. The term does not include:
1046	1046	(A) criminal record information of a person
1047	1047	certified to stand trial as an adult for that conduct, as provided
1048	1048	by Section 54.02, Family Code; or
1049	1049	(B) information relating to a traffic offense.
1050	1050	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1051	1051	read as follows:
1052	1052	(b) If a child fails to obey an order issued by a truancy
1053	1053	court under Section 65.103(a) or a child is in direct contempt of
1054	1054	court and the child has failed to obey an order or has been found in
1055	1055	direct contempt of court on two or more previous occasions, the
1056	1056	truancy court, after providing notice and an opportunity for a
1057	1057	hearing, may refer the child to the juvenile probation department
1058	1058	as a request for truancy intervention, unless the child failed to
1059	1059	obey the truancy court order or was in direct contempt of court
1060	1060	while 18 [17] years of age or older.
1061	1061	SECTION 5.03. Section 79.001(10), Government Code, is
1062	1062	amended to read as follows:
1063	1063	(10) "Juvenile offense" means conduct committed by a
1064	1064	person while younger than 18 [17] years of age that constitutes:
1065	1065	(A) a misdemeanor punishable by confinement; or
1066	1066	(B) a felony.
1067	1067	SECTION 5.04. Section 511.009(a), Government Code, is
1068	1068	amended to read as follows:
1069	1069	(a) The commission shall:
1070	1070	(1) adopt reasonable rules and procedures
1071	1071	establishing minimum standards for the construction, equipment,
1072	1072	maintenance, and operation of county jails;
1073	1073	(2) adopt reasonable rules and procedures
1074	1074	establishing minimum standards for the custody, care, and treatment
1075	1075	of prisoners;
1076	1076	(3) adopt reasonable rules establishing minimum
1077	1077	standards for the number of jail supervisory personnel and for
1078	1078	programs and services to meet the needs of prisoners;
1079	1079	(4) adopt reasonable rules and procedures
1080	1080	establishing minimum requirements for programs of rehabilitation,
1081	1081	education, and recreation in county jails;
1082	1082	(5) revise, amend, or change rules and procedures if
1083	1083	necessary;
1084	1084	(6) provide to local government officials
1085	1085	consultation on and technical assistance for county jails;
1086	1086	(7) review and comment on plans for the construction
1087	1087	and major modification or renovation of county jails;
1088	1088	(8) require that the sheriff and commissioners of each
1089	1089	county submit to the commission, on a form prescribed by the
1090	1090	commission, an annual report on the conditions in each county jail
1091	1091	within their jurisdiction, including all information necessary to
1092	1092	determine compliance with state law, commission orders, and the
1093	1093	rules adopted under this chapter;
1094	1094	(9) review the reports submitted under Subdivision (8)
1095	1095	and require commission employees to inspect county jails regularly
1096	1096	to ensure compliance with state law, commission orders, and rules
1097	1097	and procedures adopted under this chapter;
1098	1098	(10) adopt a classification system to assist sheriffs
1099	1099	and judges in determining which defendants are low-risk and
1100	1100	consequently suitable participants in a county jail work release
1101	1101	program under Article 42.034, Code of Criminal Procedure;
1102	1102	(11) adopt rules relating to requirements for
1103	1103	segregation of classes of inmates and to capacities for county
1104	1104	jails;
1105	1105	(12) require that the chief jailer of each municipal
1106	1106	lockup submit to the commission, on a form prescribed by the
1107	1107	commission, an annual report of persons under 18 [17] years of age
1108	1108	securely detained in the lockup, including all information
1109	1109	necessary to determine compliance with state law concerning secure
1110	1110	confinement of children in municipal lockups;
1111	1111	(13) at least annually determine whether each county
1112	1112	jail is in compliance with the rules and procedures adopted under
1113	1113	this chapter;
1114	1114	(14) require that the sheriff and commissioners court
1115	1115	of each county submit to the commission, on a form prescribed by the
1116	1116	commission, an annual report of persons under 18 [17] years of age
1117	1117	securely detained in the county jail, including all information
1118	1118	necessary to determine compliance with state law concerning secure
1119	1119	confinement of children in county jails;
1120	1120	(15) schedule announced and unannounced inspections
1121	1121	of jails under the commission's jurisdiction using the risk
1122	1122	assessment plan established under Section 511.0085 to guide the
1123	1123	inspections process;
1124	1124	(16) adopt a policy for gathering and distributing to
1125	1125	jails under the commission's jurisdiction information regarding:
1126	1126	(A) common issues concerning jail
1127	1127	administration;
1128	1128	(B) examples of successful strategies for
1129	1129	maintaining compliance with state law and the rules, standards, and
1130	1130	procedures of the commission; and
1131	1131	(C) solutions to operational challenges for
1132	1132	jails;
1133	1133	(17) report to the Texas Correctional Office on
1134	1134	Offenders with Medical or Mental Impairments on a jail's compliance
1135	1135	with Article 16.22, Code of Criminal Procedure;
1136	1136	(18) adopt reasonable rules and procedures
1137	1137	establishing minimum requirements for jails to:
1138	1138	(A) determine if a prisoner is pregnant; and
1139	1139	(B) ensure that the jail's health services plan
1140	1140	addresses medical and mental health care, including nutritional
1141	1141	requirements, and any special housing or work assignment needs for
1142	1142	persons who are confined in the jail and are known or determined to
1143	1143	be pregnant;
1144	1144	(19) provide guidelines to sheriffs regarding
1145	1145	contracts between a sheriff and another entity for the provision of
1146	1146	food services to or the operation of a commissary in a jail under
1147	1147	the commission's jurisdiction, including specific provisions
1148	1148	regarding conflicts of interest and avoiding the appearance of
1149	1149	impropriety;
1150	1150	(20) adopt reasonable rules and procedures
1151	1151	establishing minimum standards for prisoner visitation that
1152	1152	provide each prisoner at a county jail with a minimum of two
1153	1153	in-person, noncontact visitation periods per week of at least 20
1154	1154	minutes duration each;
1155	1155	(21) require the sheriff of each county to:
1156	1156	(A) investigate and verify the veteran status of
1157	1157	each prisoner by using data made available from the Veterans
1158	1158	Reentry Search Service (VRSS) operated by the United States
1159	1159	Department of Veterans Affairs or a similar service; and
1160	1160	(B) use the data described by Paragraph (A) to
1161	1161	assist prisoners who are veterans in applying for federal benefits
1162	1162	or compensation for which the prisoners may be eligible under a
1163	1163	program administered by the United States Department of Veterans
1164	1164	Affairs;
1165	1165	(22) adopt reasonable rules and procedures regarding
1166	1166	visitation of a prisoner at a county jail by a guardian, as defined
1167	1167	by Section 1002.012, Estates Code, that:
1168	1168	(A) allow visitation by a guardian to the same
1169	1169	extent as the prisoner's next of kin, including placing the
1170	1170	guardian on the prisoner's approved visitors list on the guardian's
1171	1171	request and providing the guardian access to the prisoner during a
1172	1172	facility's standard visitation hours if the prisoner is otherwise
1173	1173	eligible to receive visitors; and
1174	1174	(B) require the guardian to provide the sheriff
1175	1175	with letters of guardianship issued as provided by Section
1176	1176	1106.001, Estates Code, before being allowed to visit the prisoner;
1177	1177	and
1178	1178	(23) adopt reasonable rules and procedures to ensure
1179	1179	the safety of prisoners, including rules and procedures that
1180	1180	require a county jail to:
1181	1181	(A) give prisoners the ability to access a mental
1182	1182	health professional at the jail through a telemental health service
1183	1183	24 hours a day;
1184	1184	(B) give prisoners the ability to access a health
1185	1185	professional at the jail or through a telehealth service 24 hours a
1186	1186	day or, if a health professional is unavailable at the jail or
1187	1187	through a telehealth service, provide for a prisoner to be
1188	1188	transported to access a health professional; and
1189	1189	(C) if funding is available under Section
1190	1190	511.019, install automated electronic sensors or cameras to ensure
1191	1191	accurate and timely in-person checks of cells or groups of cells
1192	1192	confining at-risk individuals.
1193	1193	SECTION 5.05. Section 351.903(a), Local Government Code, is
1194	1194	amended to read as follows:
1195	1195	(a) To provide for the public safety, the commissioners
1196	1196	court of a county by order may adopt a curfew to regulate the
1197	1197	movements or actions of persons under 18 [17] years of age during
1198	1198	the period beginning one-half hour after sunset and extending until
1199	1199	one-half hour before sunrise or during school hours, or both. The
1200	1200	order applies only to the unincorporated area of the county.
1201	1201	SECTION 5.06. Section 521.201, Transportation Code, is
1202	1202	amended to read as follows:
1203	1203	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1204	1204	department may not issue any license to a person who:
1205	1205	(1) is under 15 years of age;
1206	1206	(2) is under 18 years of age unless the person complies
1207	1207	with the requirements imposed by Section 521.204;
1208	1208	(3) is shown to be addicted to the use of alcohol, a
1209	1209	controlled substance, or another drug that renders a person
1210	1210	incapable of driving;
1211	1211	(4) holds a driver's license issued by this state or
1212	1212	another state or country that is revoked, canceled, or under
1213	1213	suspension;
1214	1214	(5) has been determined by a judgment of a court to be
1215	1215	totally incapacitated or incapacitated to act as the operator of a
1216	1216	motor vehicle unless the person has, by the date of the license
1217	1217	application, been:
1218	1218	(A) restored to capacity by judicial decree; or
1219	1219	(B) released from a hospital for the mentally
1220	1220	incapacitated on a certificate by the superintendent or
1221	1221	administrator of the hospital that the person has regained
1222	1222	capacity;
1223	1223	(6) the department determines to be afflicted with a
1224	1224	mental or physical disability or disease that prevents the person
1225	1225	from exercising reasonable and ordinary control over a motor
1226	1226	vehicle while operating the vehicle on a highway, except that a
1227	1227	person may not be refused a license because of a physical defect if
1228	1228	common experience shows that the defect does not incapacitate a
1229	1229	person from safely operating a motor vehicle;
1230	1230	(7) has been reported by a court under Section
1231	1231	521.3452 for failure to appear unless the court has filed an
1232	1232	additional report on final disposition of the case; or
1233	1233	(8) has been reported by a court for failure to appear
1234	1234	or default in payment of a fine for a misdemeanor that is not
1235	1235	covered under Subdivision (7) and that is punishable by a fine only,
1236	1236	including a misdemeanor under a municipal ordinance, committed by a
1237	1237	person who was under 18 [17] years of age at the time of the alleged
1238	1238	offense, unless the court has filed an additional report on final
1239	1239	disposition of the case.
1240	1240	SECTION 5.07. Section 65.251(b), Family Code, and Section
1241	1241	521.201, Transportation Code, as amended by this article, apply
1242	1242	only to an offense committed or conduct that occurred on or after
1243	1243	September 1, 2020. An offense committed or conduct that occurred
1244	1244	before September 1, 2020, is governed by the law in effect on the
1245	1245	date the offense was committed or the conduct occurred, and the
1246	1246	former law is continued in effect for that purpose. For purposes of
1247	1247	this section, an offense was committed or conduct occurred before
1248	1248	September 1, 2020, if any element of the offense or conduct occurred
1249	1249	before that date.
1250	1250	ARTICLE 6. ADVISORY COMMITTEE
1251	1251	SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1252	1252	Not later than December 1, 2019, the Texas Juvenile Justice Board
1253	1253	shall appoint an advisory committee to monitor and evaluate
1254	1254	implementation of this Act.
1255	1255	(b) In making appointments to the advisory committee, the
1256	1256	board shall include members who are interested parties, including:
1257	1257	(1) the executive director of the Texas Juvenile
1258	1258	Justice Department or the executive director's designee;
1259	1259	(2) the director of probation services of the Texas
1260	1260	Juvenile Justice Department or the director's designee;
1261	1261	(3) the executive commissioner of the Health and Human
1262	1262	Services Commission or the executive commissioner's designee;
1263	1263	(4) one representative of county commissioners courts
1264	1264	appointed by the board;
1265	1265	(5) two juvenile court judges appointed by the board;
1266	1266	(6) seven chief juvenile probation officers appointed
1267	1267	by the board as provided by Subsection (c) of this section;
1268	1268	(7) juvenile prosecutors;
1269	1269	(8) juvenile defense attorneys;
1270	1270	(9) juvenile justice advocates; and
1271	1271	(10) individuals who were adjudicated for juvenile
1272	1272	offenses in this state or who were prosecuted as adults for offenses
1273	1273	committed when they were 17 years old, or their family members.
1274	1274	(c) The board shall appoint to the advisory committee one
1275	1275	chief juvenile probation officer from each regional chiefs
1276	1276	association in this state from a list of nominees submitted to the
1277	1277	board by each regional chiefs association. To the greatest extent
1278	1278	practicable, a regional chiefs association shall include in the
1279	1279	association's list of nominees:
1280	1280	(1) one chief juvenile probation officer of a juvenile
1281	1281	probation department serving a county with a population that
1282	1282	includes fewer than 7,500 persons younger than 18 years of age;
1283	1283	(2) one chief juvenile probation officer of a juvenile
1284	1284	probation department serving a county with a population that
1285	1285	includes at least 7,500 but fewer than 80,000 persons younger than
1286	1286	18 years of age; and
1287	1287	(3) one chief juvenile probation officer of a juvenile
1288	1288	probation department serving a county with a population that
1289	1289	includes 80,000 or more persons younger than 18 years of age.
1290	1290	(d) The board shall designate one of the members as
1291	1291	presiding officer of the advisory committee.
1292	1292	(e) The advisory committee shall assist the Texas Juvenile
1293	1293	Justice Department in evaluating and monitoring the implementation
1294	1294	of this Act, which includes determining the needs and problems of
1295	1295	county juvenile boards and probation departments, and offer
1296	1296	recommendations to meet identified needs and problems.
1297	1297	(f) Members of the advisory committee serve without
1298	1298	compensation and are not entitled to reimbursement for expenses.
1299	1299	(g) The advisory committee is not subject to Chapter 2110,
1300	1300	Government Code.
1301	1301	(h) The advisory committee is abolished and this article
1302	1302	expires June 1, 2021.
1303	1303	ARTICLE 7. EFFECTIVE DATES
1304	1304	SECTION 7.01. (a) Except as provided by Subsection (b) of
1305	1305	this section, this Act takes effect September 1, 2020.
1306	1306	(b) Article 6 of this Act takes effect September 1, 2019.