Texas 2021 - 87th Regular

Texas House Bill HB1430 Compare Versions

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

Old	New	Differences
1	1	87R5218 ADM-D
2	2	By: Dutton H.B. No. 1430
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, 2022. An offense committed or conduct that occurred
57	57	before September 1, 2022, 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, 2022, 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 may not operate a motorcycle while
127	127	using a wireless communication device, except in case of emergency.
128	128	This subsection does not apply to a person licensed by the Federal
129	129	Communications Commission while operating a radio frequency device
130	130	other than a wireless communication device.
131	131	(b-1) A person under 18 [17] years of age who holds a
132	132	restricted motorcycle license, during the 12-month period
133	133	following the issuance of an original motorcycle license to the
134	134	person, may not operate a motorcycle after midnight and before 5
135	135	a.m. unless:
136	136	(1) the person is in sight of the person's parent or
137	137	guardian; or
138	138	(2) the operation of the vehicle is necessary for the
139	139	operator to attend or participate in employment or a school-related
140	140	activity or because of a medical emergency.
141	141	SECTION 2.06. Section 729.001(a), Transportation Code, is
142	142	amended to read as follows:
143	143	(a) A person who is younger than 18 [17] years of age commits
144	144	an offense if the person operates a motor vehicle on a public road
145	145	or highway, a street or alley in a municipality, or a public beach
146	146	in violation of any traffic law of this state, including:
147	147	(1) Chapter 502, other than Section [502.282 or]
148	148	502.412;
149	149	(2) Chapter 521, other than an offense under Section
150	150	521.457;
151	151	(3) Subtitle C, other than an offense punishable by
152	152	imprisonment or by confinement in jail under Section 550.021,
153	153	550.022, 550.024, or 550.025;
154	154	(4) Chapter 601;
155	155	(5) Chapter 621;
156	156	(6) Chapter 661; and
157	157	(7) Chapter 681.
158	158	SECTION 2.07. Section 729.002, Transportation Code, is
159	159	amended to read as follows:
160	160	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
161	161	LICENSE. (a) A person who is younger than 18 [17] years of age
162	162	commits an offense if the person operates a motor vehicle without a
163	163	driver's license authorizing the operation of a motor vehicle on a:
164	164	(1) public road or highway;
165	165	(2) street or alley in a municipality; or
166	166	(3) public beach as defined by Section 729.001.
167	167	(b) An offense under this section is punishable in the same
168	168	manner as if the person was 18 [17] years of age or older and
169	169	operated a motor vehicle without a license as described by
170	170	Subsection (a), except that an offense under this section is not
171	171	punishable by confinement or imprisonment.
172	172	SECTION 2.08. The changes in law made by this article apply
173	173	only to an offense committed on or after September 1, 2022. An
174	174	offense committed before September 1, 2022, is governed by the law
175	175	in effect on the date the offense was committed, and the former law
176	176	is continued in effect for that purpose. For purposes of this
177	177	section, an offense was committed before September 1, 2022, if any
178	178	element of the offense occurred before that date.
179	179	ARTICLE 3. CRIMINAL PROCEDURES
180	180	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
181	181	amended to read as follows:
182	182	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
183	183	ADULT. (a) Notwithstanding the order of a juvenile court to detain
184	184	a person under the age of 18 [17] who has been certified to stand
185	185	trial as an adult in a certified juvenile detention facility under
186	186	Section 54.02(h), Family Code, the judge of the criminal court
187	187	having jurisdiction over the person may order the person to be
188	188	transferred to an adult facility. A child who is transferred to an
189	189	adult facility must be detained under conditions meeting the
190	190	requirements of Section 51.12, Family Code.
191	191	(b) On the 18th [17th] birthday of a person described by
192	192	Subsection (a) who is detained in a certified juvenile detention
193	193	facility under Section 54.02(h), Family Code, the judge of the
194	194	criminal court having jurisdiction over the person shall order the
195	195	person to be transferred to an adult facility.
196	196	SECTION 3.02. Article 45.0215(a), Code of Criminal
197	197	Procedure, is amended to read as follows:
198	198	(a) This article applies to a defendant who has not had the
199	199	disabilities of minority removed and [has been:
200	200	[(1) charged with an offense other than an offense
201	201	under Section 43.261, Penal Code, if the defendant is younger than
202	202	17 years of age; or
203	203	[(2) charged with an offense under Section 43.261,
204	204	Penal Code, if the defendant] is younger than 18 years of age.
205	205	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
206	206	Procedure, are amended to read as follows:
207	207	(b) A person may apply to the court in which the person was
208	208	convicted to have the conviction expunged as provided by this
209	209	article on or after the person's 18th [17th] birthday if:
210	210	(1) the person was convicted of not more than one
211	211	offense described by Section 8.07(a)(4) or (5), Penal Code, while
212	212	the person was a child; or
213	213	(2) the person was convicted only once of an offense
214	214	under Section 43.261, Penal Code.
215	215	(h) Records of a person under 18 [17] years of age relating
216	216	to a complaint may be expunged under this article if:
217	217	(1) the complaint was dismissed under Article 45.051
218	218	or 45.052 or other law; or
219	219	(2) the person was acquitted of the offense.
220	220	SECTION 3.04. Article 45.045(b), Code of Criminal
221	221	Procedure, is amended to read as follows:
222	222	(b) A capias pro fine may not be issued for an individual
223	223	convicted for an offense committed before the individual's 18th
224	224	[17th] birthday unless:
225	225	(1) the individual is 18 [17] years of age or older;
226	226	(2) the court finds that the issuance of the capias pro
227	227	fine is justified after considering:
228	228	(A) the sophistication and maturity of the
229	229	individual;
230	230	(B) the criminal record and history of the
231	231	individual; and
232	232	(C) the reasonable likelihood of bringing about
233	233	the discharge of the judgment through the use of procedures and
234	234	services currently available to the court; and
235	235	(3) the court has proceeded under Article 45.050 to
236	236	compel the individual to discharge the judgment.
237	237	SECTION 3.05. Article 45.0492(a), Code of Criminal
238	238	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
239	239	Legislature, Regular Session, 2011, is amended to read as follows:
240	240	(a) This article applies only to a defendant younger than 18
241	241	[17] years of age who is assessed a fine or costs for a Class C
242	242	misdemeanor occurring in a building or on the grounds of the primary
243	243	or secondary school at which the defendant was enrolled at the time
244	244	of the offense.
245	245	SECTION 3.06. Article 45.0492(a), Code of Criminal
246	246	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
247	247	Legislature, Regular Session, 2011, is amended to read as follows:
248	248	(a) This article applies only to a defendant younger than 18
249	249	[17] years of age who is assessed a fine or costs for a Class C
250	250	misdemeanor.
251	251	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
252	252	Criminal Procedure, are amended to read as follows:
253	253	(d) A justice or municipal court may hold a person in
254	254	contempt and impose a remedy authorized by Subsection (c)(2) if:
255	255	(1) the person was convicted for an offense committed
256	256	before the person's 18th [17th] birthday;
257	257	(2) the person failed to obey the order while the
258	258	person was 18 [17] years of age or older; and
259	259	(3) the failure to obey occurred under circumstances
260	260	that constitute contempt of court.
261	261	(e) A justice or municipal court may hold a person in
262	262	contempt and impose a remedy authorized by Subsection (c)(2) if the
263	263	person, while younger than 18 [17] years of age, engaged in conduct
264	264	in contempt of an order issued by the justice or municipal court,
265	265	but contempt proceedings could not be held before the person's 18th
266	266	[17th] birthday.
267	267	(g) A justice or municipal court may not refer a child who
268	268	violates a court order while 18 [17] years of age or older to a
269	269	juvenile court for delinquency proceedings for contempt of court.
270	270	SECTION 3.08. Article 45.057(h), Code of Criminal
271	271	Procedure, is amended to read as follows:
272	272	(h) A child and parent required to appear before the court
273	273	have an obligation to provide the court in writing with the current
274	274	address and residence of the child. The obligation does not end
275	275	when the child reaches age 18 [17]. On or before the seventh day
276	276	after the date the child or parent changes residence, the child or
277	277	parent shall notify the court of the current address in the manner
278	278	directed by the court. A violation of this subsection may result in
279	279	arrest and is a Class C misdemeanor. The obligation to provide
280	280	notice terminates on discharge and satisfaction of the judgment or
281	281	final disposition not requiring a finding of guilt.
282	282	SECTION 3.09. Article 45.058(h), Code of Criminal
283	283	Procedure, is amended to read as follows:
284	284	(h) In this article, "child" means a person who is:
285	285	(1) at least 12 [10] years of age and younger than 18
286	286	[17] years of age; and
287	287	(2) charged with or convicted of an offense that a
288	288	justice or municipal court has jurisdiction of under Article 4.11
289	289	or 4.14.
290	290	SECTION 3.10. Article 45.059(a), Code of Criminal
291	291	Procedure, is amended to read as follows:
292	292	(a) A peace officer taking into custody a person younger
293	293	than 18 [17] years of age for violation of a juvenile curfew
294	294	ordinance of a municipality or order of the commissioners court of a
295	295	county shall, without unnecessary delay:
296	296	(1) release the person to the person's parent,
297	297	guardian, or custodian;
298	298	(2) take the person before a justice or municipal
299	299	court to answer the charge; or
300	300	(3) take the person to a place designated as a juvenile
301	301	curfew processing office by the head of the law enforcement agency
302	302	having custody of the person.
303	303	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
304	304	Criminal Procedure, are amended to read as follows:
305	305	(a) Except as provided by Articles 45.058 and 45.059, an
306	306	individual may not be taken into secured custody for offenses
307	307	alleged to have occurred before the individual's 18th [17th]
308	308	birthday.
309	309	(b) On or after an individual's 18th [17th] birthday, if the
310	310	court has used all available procedures under this chapter to
311	311	secure the individual's appearance to answer allegations made
312	312	before the individual's 18th [17th] birthday, the court may issue a
313	313	notice of continuing obligation to appear by personal service or by
314	314	mail to the last known address and residence of the individual. The
315	315	notice must order the individual to appear at a designated time,
316	316	place, and date to answer the allegations detailed in the notice.
317	317	(e) A notice of continuing obligation to appear issued under
318	318	this article must contain the following statement provided in
319	319	boldfaced type or capital letters:
320	320	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
321	321	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
322	322	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
323	323	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
324	324	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
325	325	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
326	326	FOR YOUR ARREST."
327	327	SECTION 3.12. Article 62.001(6), Code of Criminal
328	328	Procedure, is amended to read as follows:
329	329	(6) "Sexually violent offense" means any of the
330	330	following offenses committed by a person 18 [17] years of age or
331	331	older:
332	332	(A) an offense under Section 21.02 (Continuous
333	333	sexual abuse of young child or children), 21.11(a)(1) (Indecency
334	334	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
335	335	sexual assault), Penal Code;
336	336	(B) an offense under Section 43.25 (Sexual
337	337	performance by a child), Penal Code;
338	338	(C) an offense under Section 20.04(a)(4)
339	339	(Aggravated kidnapping), Penal Code, if the defendant committed the
340	340	offense with intent to violate or abuse the victim sexually;
341	341	(D) an offense under Section 30.02 (Burglary),
342	342	Penal Code, if the offense is punishable under Subsection (d) of
343	343	that section and the defendant committed the offense with intent to
344	344	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
345	345	or
346	346	(E) an offense under the laws of another state,
347	347	federal law, the laws of a foreign country, or the Uniform Code of
348	348	Military Justice if the offense contains elements that are
349	349	substantially similar to the elements of an offense listed under
350	350	Paragraph (A), (B), (C), or (D).
351	351	SECTION 3.13. Article 62.351(a), Code of Criminal
352	352	Procedure, is amended to read as follows:
353	353	(a) During or after disposition of a case under Section
354	354	54.04, Family Code, for adjudication of an offense for which
355	355	registration is required under this chapter, the juvenile court on
356	356	motion of the respondent shall conduct a hearing to determine
357	357	whether the interests of the public require registration under this
358	358	chapter. The motion may be filed and the hearing held regardless of
359	359	whether the respondent is under 19 [18] years of age. Notice of the
360	360	motion and hearing shall be provided to the prosecuting attorney.
361	361	SECTION 3.14. Article 62.352(c), Code of Criminal
362	362	Procedure, is amended to read as follows:
363	363	(c) If the court enters an order described by Subsection
364	364	(b)(1), the court retains discretion and jurisdiction to require,
365	365	or exempt the respondent from, registration under this chapter at
366	366	any time during the treatment or on the successful or unsuccessful
367	367	completion of treatment, except that during the period of deferral,
368	368	registration may not be required. Following successful completion
369	369	of treatment, the respondent is exempted from registration under
370	370	this chapter unless a hearing under this subchapter is held on
371	371	motion of the prosecuting attorney, regardless of whether the
372	372	respondent is 19 [18] years of age or older, and the court
373	373	determines the interests of the public require registration. Not
374	374	later than the 10th day after the date of the respondent's
375	375	successful completion of treatment, the treatment provider shall
376	376	notify the juvenile court and prosecuting attorney of the
377	377	completion.
378	378	SECTION 3.15. Article 62.353(b), Code of Criminal
379	379	Procedure, is amended to read as follows:
380	380	(b) The person may file a motion under Subsection (a) in the
381	381	original juvenile case regardless of whether the person, at the
382	382	time of filing the motion, is 19 [18] years of age or older. Notice
383	383	of the motion shall be provided to the prosecuting attorney. A
384	384	hearing on the motion shall be provided as in other cases under this
385	385	subchapter.
386	386	SECTION 3.16. Section 37.085, Education Code, is amended to
387	387	read as follows:
388	388	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
389	389	MISDEMEANORS. Notwithstanding any other provision of law, a
390	390	warrant may not be issued for the arrest of a person for a Class C
391	391	misdemeanor under this code committed when the person was younger
392	392	than 18 [17] years of age.
393	393	SECTION 3.17. Section 153.0071(e-1), Family Code, is
394	394	amended to read as follows:
395	395	(e-1) Notwithstanding Subsections (d) and (e), a court may
396	396	decline to enter a judgment on a mediated settlement agreement if
397	397	the court finds:
398	398	(1) that:
399	399	(A) a party to the agreement was a victim of
400	400	family violence, and that circumstance impaired the party's ability
401	401	to make decisions; or
402	402	(B) the agreement would permit a person who is
403	403	subject to registration under Chapter 62, Code of Criminal
404	404	Procedure, on the basis of an offense committed by the person when
405	405	the person was 18 [17] years of age or older or who otherwise has a
406	406	history or pattern of past or present physical or sexual abuse
407	407	directed against any person to:
408	408	(i) reside in the same household as the
409	409	child; or
410	410	(ii) otherwise have unsupervised access to
411	411	the child; and
412	412	(2) that the agreement is not in the child's best
413	413	interest.
414	414	SECTION 3.18. Section 521.453(i), Transportation Code, is
415	415	amended to read as follows:
416	416	(i) If the person ordered to perform community service under
417	417	Subsection (h) is younger than 18 [17] years of age, the community
418	418	service shall be performed as if ordered by a juvenile court under
419	419	Section 54.044(a), Family Code, as a condition of probation under
420	420	Section 54.04(d), Family Code.
421	421	SECTION 3.19. (a) Except as provided by Subsection (b) of
422	422	this section, the changes in law made by this article apply only to
423	423	an offense committed on or after September 1, 2022. An offense
424	424	committed before September 1, 2022, is governed by the law in effect
425	425	on the date the offense was committed, and the former law is
426	426	continued in effect for that purpose.
427	427	(b) Articles 45.0216(b) and (h), Code of Criminal
428	428	Procedure, as amended by this article, apply only to the expunction
429	429	of certain records related to an offense committed on or after
430	430	September 1, 2022. The expunction of certain records related to an
431	431	offense committed before September 1, 2022, is governed by the law
432	432	in effect on the date the offense was committed, and the former law
433	433	is continued in effect for that purpose.
434	434	(c) For purposes of this section, an offense was committed
435	435	before September 1, 2022, if any element of the offense occurred
436	436	before that date.
437	437	ARTICLE 4. JUVENILE COURT PROCEDURES
438	438	SECTION 4.01. Section 51.041, Family Code, is amended to
439	439	read as follows:
440	440	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
441	441	retains jurisdiction over a person, without regard to the age of the
442	442	person, for conduct engaged in by the person before becoming 18 [17]
443	443	years of age if, as a result of an appeal by the person or the state
444	444	under Chapter 56 of an order of the court, the order is reversed or
445	445	modified and the case remanded to the court by the appellate court.
446	446	(b) If the respondent is at least 18 years of age when the
447	447	order of remand from the appellate court is received by the juvenile
448	448	court, the juvenile court shall proceed as provided by Sections
449	449	54.02(o)-(r) for the detention of a person at least 19 [18] years of
450	450	age in discretionary transfer proceedings. Pending retrial of the
451	451	adjudication or transfer proceeding, the juvenile court may:
452	452	(1) order the respondent released from custody;
453	453	(2) order the respondent detained in a juvenile
454	454	detention facility; or
455	455	(3) set bond and order the respondent detained in a
456	456	county adult facility if bond is not made.
457	457	SECTION 4.02. Section 51.0412, Family Code, is amended to
458	458	read as follows:
459	459	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
460	460	The court retains jurisdiction over a person, without regard to the
461	461	age of the person, who is a respondent in an adjudication
462	462	proceeding, a disposition proceeding, a proceeding to modify
463	463	disposition, a proceeding for waiver of jurisdiction and transfer
464	464	to criminal court under Section 54.02(a), or a motion for transfer
465	465	of determinate sentence probation to an appropriate district court
466	466	if:
467	467	(1) the petition or motion was filed while the
468	468	respondent was younger than 19 or 20 [18 or 19] years of age, as
469	469	applicable;
470	470	(2) the proceeding is not complete before the
471	471	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
472	472	and
473	473	(3) the court enters a finding in the proceeding that
474	474	the prosecuting attorney exercised due diligence in an attempt to
475	475	complete the proceeding before the respondent became 19 or 20 [18 or
476	476	19] years of age, as applicable.
477	477	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
478	478	amended to read as follows:
479	479	(f) A child detained in a building that contains a jail,
480	480	lockup, or other place of secure confinement, including an alcohol
481	481	or other drug treatment facility, shall be separated by sight and
482	482	sound from adults detained in the same building. Children and
483	483	adults are separated by sight and sound only if they are unable to
484	484	see each other and conversation between them is not possible. The
485	485	separation must extend to all areas of the facility, including
486	486	sally ports and passageways, and those areas used for admission,
487	487	counseling, sleeping, toileting, showering, dining, recreational,
488	488	educational, or vocational activities, and health care. The
489	489	separation may be accomplished through architectural design. A
490	490	person who has been transferred for prosecution in criminal court
491	491	under Section 54.02 and is under 18 [17] years of age is considered
492	492	a child for the purposes of this subsection.
493	493	(h) This section does not apply to a person:
494	494	(1) who has been transferred to criminal court for
495	495	prosecution under Section 54.02 and is at least 18 [17] years of
496	496	age; or
497	497	(2) who is at least 18 [17] years of age and who has
498	498	been taken into custody after having:
499	499	(A) escaped from a juvenile facility operated by
500	500	or under contract with the Texas Juvenile Justice Department; or
501	501	(B) violated a condition of release under
502	502	supervision of the department.
503	503	SECTION 4.04. Section 54.02(j), Family Code, is amended to
504	504	read as follows:
505	505	(j) The juvenile court may waive its exclusive original
506	506	jurisdiction and transfer a person to the appropriate district
507	507	court or criminal district court for criminal proceedings if:
508	508	(1) the person is 19 [18] years of age or older;
509	509	(2) the person was:
510	510	(A) 12 [10] years of age or older and under 18
511	511	[17] years of age at the time the person is alleged to have
512	512	committed a capital felony or an offense under Section 19.02, Penal
513	513	Code;
514	514	(B) 14 years of age or older and under 18 [17]
515	515	years of age at the time the person is alleged to have committed an
516	516	aggravated controlled substance felony or a felony of the first
517	517	degree other than an offense under Section 19.02, Penal Code; or
518	518	(C) 15 years of age or older and under 18 [17]
519	519	years of age at the time the person is alleged to have committed a
520	520	felony of the second or third degree or a state jail felony;
521	521	(3) no adjudication concerning the alleged offense has
522	522	been made or no adjudication hearing concerning the offense has
523	523	been conducted;
524	524	(4) the juvenile court finds from a preponderance of
525	525	the evidence that:
526	526	(A) for a reason beyond the control of the state
527	527	it was not practicable to proceed in juvenile court before the 19th
528	528	[18th] birthday of the person; or
529	529	(B) after due diligence of the state it was not
530	530	practicable to proceed in juvenile court before the 19th [18th]
531	531	birthday of the person because:
532	532	(i) the state did not have probable cause to
533	533	proceed in juvenile court and new evidence has been found since the
534	534	19th [18th] birthday of the person;
535	535	(ii) the person could not be found; or
536	536	(iii) a previous transfer order was
537	537	reversed by an appellate court or set aside by a district court; and
538	538	(5) the juvenile court determines that there is
539	539	probable cause to believe that the child before the court committed
540	540	the offense alleged.
541	541	SECTION 4.05. Section 54.0326(b), Family Code, is amended
542	542	to read as follows:
543	543	(b) A juvenile court may defer adjudication proceedings
544	544	under Section 54.03 until the child's 19th [18th] birthday and
545	545	require a child to participate in a program established under
546	546	Section 152.0017, Human Resources Code, if the child:
547	547	(1) is alleged to have engaged in delinquent conduct
548	548	or conduct indicating a need for supervision and may be a victim of
549	549	conduct that constitutes an offense under Section 20A.02, Penal
550	550	Code; and
551	551	(2) presents to the court an oral or written request to
552	552	participate in the program.
553	553	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
554	554	are amended to read as follows:
555	555	(e) The Texas Juvenile Justice Department shall accept a
556	556	person properly committed to it by a juvenile court even though the
557	557	person may be 18 [17] years of age or older at the time of
558	558	commitment.
559	559	(l) Except as provided by Subsection (q), a court or jury
560	560	may place a child on probation under Subsection (d)(1) for any
561	561	period, except that probation may not continue on or after the
562	562	child's 19th [18th] birthday. Except as provided by Subsection
563	563	(q), the court may, before the period of probation ends, extend the
564	564	probation for any period, except that the probation may not extend
565	565	to or after the child's 19th [18th] birthday.
566	566	(q) If a court or jury sentences a child to commitment in the
567	567	Texas Juvenile Justice Department or a post-adjudication secure
568	568	correctional facility under Subsection (d)(3) for a term of not
569	569	more than 10 years, the court or jury may place the child on
570	570	probation under Subsection (d)(1) as an alternative to making the
571	571	disposition under Subsection (d)(3). The court shall prescribe the
572	572	period of probation ordered under this subsection for a term of not
573	573	more than 10 years. The court may, before the sentence of probation
574	574	expires, extend the probationary period under Section 54.05, except
575	575	that the sentence of probation and any extension may not exceed 10
576	576	years. The court may, before the child's 20th [19th] birthday,
577	577	discharge the child from the sentence of probation. If a sentence
578	578	of probation ordered under this subsection and any extension of
579	579	probation ordered under Section 54.05 will continue after the
580	580	child's 20th [19th] birthday, the court shall discharge the child
581	581	from the sentence of probation on the child's 20th [19th] birthday
582	582	unless the court transfers the child to an appropriate district
583	583	court under Section 54.051.
584	584	SECTION 4.07. Section 54.0405(i), Family Code, is amended
585	585	to read as follows:
586	586	(i) A court that requires as a condition of probation that a
587	587	child attend psychological counseling under Subsection (a) may,
588	588	before the date the probation period ends, extend the probation for
589	589	any additional period necessary to complete the required counseling
590	590	as determined by the treatment provider, except that the probation
591	591	may not be extended to a date after the date of the child's 19th
592	592	[18th] birthday, or 20th [19th] birthday if the child is placed on
593	593	determinate sentence probation under Section 54.04(q).
594	594	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
595	595	amended to read as follows:
596	596	(b) If a child is found to have engaged in delinquent
597	597	conduct or conduct indicating a need for supervision arising from
598	598	the commission of an offense in which property damage or loss or
599	599	personal injury occurred, the juvenile court, on notice to all
600	600	persons affected and on hearing, may order the child or a parent to
601	601	make full or partial restitution to the victim of the offense. The
602	602	program of restitution must promote the rehabilitation of the
603	603	child, be appropriate to the age and physical, emotional, and
604	604	mental abilities of the child, and not conflict with the child's
605	605	schooling. When practicable and subject to court supervision, the
606	606	court may approve a restitution program based on a settlement
607	607	between the child and the victim of the offense. An order under
608	608	this subsection may provide for periodic payments by the child or a
609	609	parent of the child for the period specified in the order but except
610	610	as provided by Subsection (h), that period may not extend past the
611	611	date of the 19th [18th] birthday of the child or past the date the
612	612	child is no longer enrolled in an accredited secondary school in a
613	613	program leading toward a high school diploma, whichever date is
614	614	later.
615	615	(h) If the juvenile court places the child on probation in a
616	616	determinate sentence proceeding initiated under Section 53.045 and
617	617	transfers supervision on the child's 20th [19th] birthday to a
618	618	district court for placement on community supervision, the district
619	619	court shall require the payment of any unpaid restitution as a
620	620	condition of the community supervision. The liability of the
621	621	child's parent for restitution may not be extended by transfer to a
622	622	district court for supervision.
623	623	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
624	624	amended to read as follows:
625	625	(a) Any [Except as provided by Subsection (a-1), any]
626	626	disposition, except a commitment to the Texas Juvenile Justice
627	627	Department, may be modified by the juvenile court as provided in
628	628	this section until:
629	629	(1) the child reaches:
630	630	(A) the child's 19th [18th] birthday; or
631	631	(B) the child's 20th [19th] birthday, if the
632	632	child was placed on determinate sentence probation under Section
633	633	54.04(q); or
634	634	(2) the child is earlier discharged by the court or
635	635	operation of law.
636	636	(b) Except for a commitment to the Texas Juvenile Justice
637	637	Department or to a post-adjudication secure correctional facility
638	638	under former Section 54.04011 or a placement on determinate
639	639	sentence probation under Section 54.04(q), all dispositions
640	640	automatically terminate when the child reaches the child's 19th
641	641	[18th] birthday.
642	642	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
643	643	(i), Family Code, are amended to read as follows:
644	644	(a) On motion of the state concerning a child who is placed
645	645	on probation under Section 54.04(q) for a period, including any
646	646	extension ordered under Section 54.05, that will continue after the
647	647	child's 20th [19th] birthday, the juvenile court shall hold a
648	648	hearing to determine whether to transfer the child to an
649	649	appropriate district court or discharge the child from the sentence
650	650	of probation.
651	651	(b) The hearing must be conducted before the person's 20th
652	652	[19th] birthday[, or before the person's 18th birthday if the
653	653	offense for which the person was placed on probation occurred
654	654	before September 1, 2011,] and must be conducted in the same manner
655	655	as a hearing to modify disposition under Section 54.05.
656	656	(c) If, after a hearing, the court determines to discharge
657	657	the child, the court shall specify a date on or before the child's
658	658	20th [19th] birthday to discharge the child from the sentence of
659	659	probation.
660	660	(d) If, after a hearing, the court determines to transfer
661	661	the child, the court shall transfer the child to an appropriate
662	662	district court on the child's 20th [19th] birthday.
663	663	(e-2) If a person who is placed on community supervision
664	664	under this section violates a condition of that supervision or if
665	665	the person violated a condition of probation ordered under Section
666	666	54.04(q) and that probation violation was not discovered by the
667	667	state before the person's 20th [19th] birthday, the district court
668	668	shall dispose of the violation of community supervision or
669	669	probation, as appropriate, in the same manner as if the court had
670	670	originally exercised jurisdiction over the case. If the judge
671	671	revokes community supervision, the judge may reduce the prison
672	672	sentence to any length without regard to the minimum term imposed by
673	673	Article 42A.755(a), Code of Criminal Procedure.
674	674	(i) If the juvenile court exercises jurisdiction over a
675	675	person on or after the person's 19th or 20th birthday [who is 18 or
676	676	19 years of age or older], as applicable, under Section 51.041 or
677	677	51.0412, the court or jury may, if the person is otherwise eligible,
678	678	place the person on probation under Section 54.04(q). The juvenile
679	679	court shall set the conditions of probation and immediately
680	680	transfer supervision of the person to the appropriate court
681	681	exercising criminal jurisdiction under Subsection (e).
682	682	SECTION 4.11. Section 54.11(l), Family Code, is amended to
683	683	read as follows:
684	684	(l) Pending the conclusion of a transfer hearing, the
685	685	juvenile court shall order that the person who is referred for
686	686	transfer be detained in a certified juvenile detention facility as
687	687	provided by Subsection (m). If the person is at least 18 [17] years
688	688	of age, the juvenile court may order that the person be detained
689	689	without bond in an appropriate county facility for the detention of
690	690	adults accused of criminal offenses.
691	691	SECTION 4.12. Section 55.15, Family Code, is amended to
692	692	read as follows:
693	693	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
694	694	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
695	695	which the child's case is referred under Section 55.12(2) orders
696	696	mental health services for the child, the child shall be cared for,
697	697	treated, and released in conformity to Subtitle C, Title 7, Health
698	698	and Safety Code, except:
699	699	(1) a court order for mental health services for a
700	700	child automatically expires on the 120th day after the date the
701	701	child becomes 19 [18] years of age; and
702	702	(2) the administrator of a mental health facility
703	703	shall notify, in writing, by certified mail, return receipt
704	704	requested, the juvenile court that ordered mental health services
705	705	or the juvenile court that referred the case to a court that ordered
706	706	the mental health services of the intent to discharge the child at
707	707	least 10 days prior to discharge.
708	708	SECTION 4.13. Section 55.18, Family Code, is amended to
709	709	read as follows:
710	710	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
711	711	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
712	712	mental health facility before reaching 19 [18] years of age, the
713	713	juvenile court may:
714	714	(1) dismiss the juvenile court proceedings with
715	715	prejudice; or
716	716	(2) continue with proceedings under this title as
717	717	though no order of mental health services had been made.
718	718	SECTION 4.14. The heading to Section 55.19, Family Code, is
719	719	amended to read as follows:
720	720	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
721	721	BIRTHDAY.
722	722	SECTION 4.15. Section 55.19(a), Family Code, is amended to
723	723	read as follows:
724	724	(a) The juvenile court shall transfer all pending
725	725	proceedings from the juvenile court to a criminal court on the 19th
726	726	[18th] birthday of a child for whom the juvenile court or a court to
727	727	which the child's case is referred under Section 55.12(2) has
728	728	ordered inpatient mental health services if:
729	729	(1) the child is not discharged or furloughed from the
730	730	inpatient mental health facility before reaching 19 [18] years of
731	731	age; and
732	732	(2) the child is alleged to have engaged in delinquent
733	733	conduct that included a violation of a penal law listed in Section
734	734	53.045 and no adjudication concerning the alleged conduct has been
735	735	made.
736	736	SECTION 4.16. Section 55.43(a), Family Code, is amended to
737	737	read as follows:
738	738	(a) The prosecuting attorney may file with the juvenile
739	739	court a motion for a restoration hearing concerning a child if:
740	740	(1) the child is found unfit to proceed as a result of
741	741	mental illness or an intellectual disability; and
742	742	(2) the child:
743	743	(A) is not:
744	744	(i) ordered by a court to receive inpatient
745	745	mental health services;
746	746	(ii) committed by a court to a residential
747	747	care facility; or
748	748	(iii) ordered by a court to receive
749	749	treatment on an outpatient basis; or
750	750	(B) is discharged or currently on furlough from a
751	751	mental health facility or outpatient center before the child
752	752	reaches 19 [18] years of age.
753	753	SECTION 4.17. The heading to Section 55.44, Family Code, is
754	754	amended to read as follows:
755	755	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
756	756	BIRTHDAY OF CHILD.
757	757	SECTION 4.18. Section 55.44(a), Family Code, is amended to
758	758	read as follows:
759	759	(a) The juvenile court shall transfer all pending
760	760	proceedings from the juvenile court to a criminal court on the 19th
761	761	[18th] birthday of a child for whom the juvenile court or a court to
762	762	which the child's case is referred has ordered inpatient mental
763	763	health services or residential care for persons with an
764	764	intellectual disability if:
765	765	(1) the child is not discharged or currently on
766	766	furlough from the facility before reaching 19 [18] years of age; and
767	767	(2) the child is alleged to have engaged in delinquent
768	768	conduct that included a violation of a penal law listed in Section
769	769	53.045 and no adjudication concerning the alleged conduct has been
770	770	made.
771	771	SECTION 4.19. The heading to Section 56.03, Family Code, is
772	772	amended to read as follows:
773	773	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
774	774	FOR DETERMINATE SENTENCE].
775	775	SECTION 4.20. Section 56.03(b), Family Code, is amended to
776	776	read as follows:
777	777	(b) The state is entitled to appeal an order of a court:
778	778	(1) in a juvenile case in which the grand jury has
779	779	approved of the petition under Section 53.045 if the order:
780	780	(A) [(1)] dismisses a petition or any portion of
781	781	a petition;
782	782	(B) [(2)] arrests or modifies a judgment;
783	783	(C) [(3)] grants a new trial;
784	784	(D) [(4)] sustains a claim of former jeopardy; or
785	785	(E) [(5)] grants a motion to suppress evidence, a
786	786	confession, or an admission and if:
787	787	(i) [(A)] jeopardy has not attached in the
788	788	case;
789	789	(ii) [(B)] the prosecuting attorney
790	790	certifies to the trial court that the appeal is not taken for the
791	791	purpose of delay; and
792	792	(iii) [(C)] the evidence, confession, or
793	793	admission is of substantial importance in the case; or
794	794	(2) if the order denies the transfer of the child under
795	795	Section 54.02 to criminal court for prosecution as an adult.
796	796	SECTION 4.21. Section 58.0052(a)(3), Family Code, is
797	797	amended to read as follows:
798	798	(3) "Multi-system youth" means a person who:
799	799	(A) is younger than 20 [19] years of age; and
800	800	(B) has received services from two or more
801	801	juvenile service providers.
802	802	SECTION 4.22. Section 58.253(b), Family Code, is amended to
803	803	read as follows:
804	804	(b) A person who was referred to a juvenile probation
805	805	department for delinquent conduct is entitled to have all records
806	806	related to the person's juvenile matters, including records
807	807	relating to any matters involving conduct indicating a need for
808	808	supervision, sealed without applying to the juvenile court if the
809	809	person:
810	810	(1) is at least 20 [19] years of age;
811	811	(2) has not been adjudicated as having engaged in
812	812	delinquent conduct or, if adjudicated for delinquent conduct, was
813	813	not adjudicated for delinquent conduct violating a penal law of the
814	814	grade of felony;
815	815	(3) does not have any pending delinquent conduct
816	816	matters;
817	817	(4) has not been transferred by a juvenile court to a
818	818	criminal court for prosecution under Section 54.02;
819	819	(5) has not as an adult been convicted of a felony or a
820	820	misdemeanor punishable by confinement in jail; and
821	821	(6) does not have any pending charges as an adult for a
822	822	felony or a misdemeanor punishable by confinement in jail.
823	823	SECTION 4.23. Section 58.255(a), Family Code, is amended to
824	824	read as follows:
825	825	(a) A person who was referred to a juvenile court for
826	826	conduct indicating a need for supervision is entitled to have all
827	827	records related to all conduct indicating a need for supervision
828	828	matters sealed without applying to the juvenile court if the
829	829	person:
830	830	(1) has records relating to the conduct filed with the
831	831	court clerk;
832	832	(2) is at least 19 [18] years of age;
833	833	(3) has not been referred to the juvenile probation
834	834	department for delinquent conduct;
835	835	(4) has not as an adult been convicted of a felony; and
836	836	(5) does not have any pending charges as an adult for a
837	837	felony or a misdemeanor punishable by confinement in jail.
838	838	SECTION 4.24. Section 58.256(c), Family Code, is amended to
839	839	read as follows:
840	840	(c) Except as provided by Subsection (d), the juvenile court
841	841	may order the sealing of records related to all matters for which
842	842	the person was referred to the juvenile probation department if the
843	843	person:
844	844	(1) is at least 18 [17] years of age, or is younger
845	845	than 18 [17] years of age and at least one year has elapsed after the
846	846	date of final discharge in each matter for which the person was
847	847	referred to the juvenile probation department;
848	848	(2) does not have any delinquent conduct matters
849	849	pending with any juvenile probation department or juvenile court;
850	850	(3) was not transferred by a juvenile court to a
851	851	criminal court for prosecution under Section 54.02;
852	852	(4) has not as an adult been convicted of a felony; and
853	853	(5) does not have any pending charges as an adult for a
854	854	felony or a misdemeanor punishable by confinement in jail.
855	855	SECTION 4.25. Section 58.264(b), Family Code, is amended to
856	856	read as follows:
857	857	(b) The records related to a person referred to a juvenile
858	858	probation department may be destroyed if the person:
859	859	(1) is at least 19 [18] years of age, and:
860	860	(A) the most serious conduct for which the person
861	861	was referred was conduct indicating a need for supervision, whether
862	862	or not the person was adjudicated; or
863	863	(B) the referral or information did not relate to
864	864	conduct indicating a need for supervision or delinquent conduct and
865	865	the juvenile probation department, prosecutor, or juvenile court
866	866	did not take action on the referral or information for that reason;
867	867	(2) is at least 21 years of age, and:
868	868	(A) the most serious conduct for which the person
869	869	was adjudicated was delinquent conduct that violated a penal law of
870	870	the grade of misdemeanor; or
871	871	(B) the most serious conduct for which the person
872	872	was referred was delinquent conduct and the person was not
873	873	adjudicated as having engaged in the conduct; or
874	874	(3) is at least 31 years of age and the most serious
875	875	conduct for which the person was adjudicated was delinquent conduct
876	876	that violated a penal law of the grade of felony.
877	877	SECTION 4.26. Section 59.005(b), Family Code, is amended to
878	878	read as follows:
879	879	(b) The juvenile court or the probation department shall
880	880	discharge the child from the custody of the probation department on
881	881	the date the provisions of this section are met or on the child's
882	882	19th [18th] birthday, whichever is earlier.
883	883	SECTION 4.27. Section 59.006(b), Family Code, is amended to
884	884	read as follows:
885	885	(b) The juvenile court shall discharge the child from the
886	886	custody of the probation department on the date the provisions of
887	887	this section are met or on the child's 19th [18th] birthday,
888	888	whichever is earlier.
889	889	SECTION 4.28. Section 59.007(b), Family Code, is amended to
890	890	read as follows:
891	891	(b) The juvenile court shall discharge the child from the
892	892	custody of the probation department on the date the provisions of
893	893	this section are met or on the child's 19th [18th] birthday,
894	894	whichever is earlier.
895	895	SECTION 4.29. Section 59.008(b), Family Code, is amended to
896	896	read as follows:
897	897	(b) The juvenile court shall discharge the child from the
898	898	custody of the probation department on the date the provisions of
899	899	this section are met or on the child's 19th [18th] birthday,
900	900	whichever is earlier.
901	901	SECTION 4.30. Section 59.009(c), Family Code, is amended to
902	902	read as follows:
903	903	(c) The Texas Juvenile Justice Department, juvenile board,
904	904	or local juvenile probation department may discharge the child from
905	905	the custody of the department, board, or probation department, as
906	906	applicable, on the date the provisions of this section are met or on
907	907	the child's 20th [19th] birthday, whichever is earlier.
908	908	SECTION 4.31. Section 61.051(c), Family Code, is amended to
909	909	read as follows:
910	910	(c) The juvenile court retains jurisdiction to enter a
911	911	contempt order if the motion for enforcement is filed not later than
912	912	six months after the child's 19th [18th] birthday.
913	913	SECTION 4.32. Section 614.019(b), Health and Safety Code,
914	914	is amended to read as follows:
915	915	(b) A child with mental illness who is receiving continuity
916	916	of care services during parole from the Texas Juvenile Justice
917	917	Department and who is no longer eligible to receive services from a
918	918	local mental health authority when the child becomes 18 [17] years
919	919	of age because the child does not meet the requirements of a local
920	920	service area plan under Section 533.0352(a) may continue to receive
921	921	continuity of care services from the office until the child
922	922	completes the child's parole.
923	923	SECTION 4.33. Section 63.001(1), Human Resources Code, is
924	924	amended to read as follows:
925	925	(1) "Juvenile" means a person from the age of 10 to 20
926	926	[18] years who:
927	927	(A) has been found to have engaged in delinquent
928	928	conduct by a juvenile court; and
929	929	(B) is under the jurisdiction of the juvenile
930	930	court [of competent jurisdiction].
931	931	SECTION 4.34. Section 152.0015, Human Resources Code, is
932	932	amended to read as follows:
933	933	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
934	934	JUVENILES. A juvenile board shall establish a policy that
935	935	specifies whether a person who has been transferred for criminal
936	936	prosecution under Section 54.02, Family Code, and is younger than
937	937	18 [17] years of age may be detained in a juvenile facility pending
938	938	trial as provided by Section 51.12, Family Code.
939	939	SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
940	940	is amended to read as follows:
941	941	(2) "Child" means an individual[:
942	942	[(A)] 10 years of age or older and younger than 20
943	943	[18] years of age who is under the jurisdiction of a juvenile
944	944	court[; or
945	945	[(B) 10 years of age or older and younger than 19
946	946	years of age who is committed to the department under Title 3,
947	947	Family Code].
948	948	SECTION 4.36. Section 243.001(a), Human Resources Code, is
949	949	amended to read as follows:
950	950	(a) The department may not assign a child younger than 16
951	951	[15] years of age to the same correctional facility dormitory as a
952	952	person who is at least 18 [17] years of age unless the department
953	953	determines that the placement is necessary to ensure the safety of
954	954	children in the custody of the department. This subsection does not
955	955	apply to a dormitory that is used exclusively for short-term
956	956	assessment and orientation purposes.
957	957	SECTION 4.37. Section 243.051(b), Human Resources Code, is
958	958	amended to read as follows:
959	959	(b) A child who is arrested or taken into custody under
960	960	Subsection (a) may be detained in any suitable place, including an
961	961	adult jail facility if the person is 18 [17] years of age or older,
962	962	until the child is returned to the custody of the department or
963	963	transported to a department facility.
964	964	SECTION 4.38. Section 244.014(a), Human Resources Code, is
965	965	amended to read as follows:
966	966	(a) After a child sentenced to commitment under Section
967	967	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
968	968	years of age but before the child becomes 20 [19] years of age, the
969	969	department may refer the child to the juvenile court that entered
970	970	the order of commitment for approval of the child's transfer to the
971	971	Texas Department of Criminal Justice for confinement if:
972	972	(1) the child has not completed the sentence; and
973	973	(2) the child's conduct, regardless of whether the
974	974	child was released under supervision under Section 245.051,
975	975	indicates that the welfare of the community requires the transfer.
976	976	SECTION 4.39. Section 244.015, Human Resources Code, is
977	977	amended to read as follows:
978	978	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
979	979	DETERMINATE SENTENCES. (a) When a child who is sentenced to
980	980	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
981	981	Family Code, becomes 19 [18] years of age, the department shall
982	982	evaluate whether the child is in need of additional services that
983	983	can be completed in the six-month period after the child's 19th
984	984	[18th] birthday to prepare the child for release from the custody of
985	985	the department or transfer to the Texas Department of Criminal
986	986	Justice.
987	987	(b) This section does not apply to a child who is released
988	988	from the custody of the department or who is transferred to the
989	989	Texas Department of Criminal Justice before the child's 19th [18th]
990	990	birthday.
991	991	SECTION 4.40. Section 245.053(i), Human Resources Code, is
992	992	amended to read as follows:
993	993	(i) If the department requires as a condition of release
994	994	that a child attend psychological counseling under Subsection (a),
995	995	the department may, before the date the period of release ends,
996	996	petition the appropriate court to request the court to extend the
997	997	period of release for an additional period necessary to complete
998	998	the required counseling as determined by the treatment provider,
999	999	except that the release period may not be extended to a date after
1000	1000	the date of the child's 19th [18th] birthday.
1001	1001	SECTION 4.41. Sections 245.151(d) and (e), Human Resources
1002	1002	Code, are amended to read as follows:
1003	1003	(d) Except as provided by Subsection (e), the department
1004	1004	shall discharge from its custody a person not already discharged on
1005	1005	the person's 20th [19th] birthday.
1006	1006	(e) The department shall transfer a person who has been
1007	1007	sentenced under a determinate sentence to commitment under Section
1008	1008	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1009	1009	returned to the department under Section 54.11(i)(1), Family Code,
1010	1010	to the custody of the Texas Department of Criminal Justice on the
1011	1011	person's 20th [19th] birthday, if the person has not already been
1012	1012	discharged or transferred, to serve the remainder of the person's
1013	1013	sentence on parole as provided by Section 508.156, Government Code.
1014	1014	SECTION 4.42. (a) Except as provided by Subsection (b) of
1015	1015	this section, the changes in law made by this article apply only to
1016	1016	procedures relating to conduct that occurs on or after September 1,
1017	1017	2022. Procedures relating to conduct that occurred before
1018	1018	September 1, 2022, are governed by the law in effect on the date the
1019	1019	conduct occurred, and the former law is continued in effect for that
1020	1020	purpose.
1021	1021	(b) The change in law made by this article to Section
1022	1022	58.0052, Family Code, applies to the sharing of information on or
1023	1023	after September 1, 2022, without regard to whether the information
1024	1024	was compiled before, on, or after that date.
1025	1025	(c) For purposes of this section, conduct occurred before
1026	1026	September 1, 2022, if any element of the conduct occurred before
1027	1027	that date.
1028	1028	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1029	1029	RESPONSIBILITY
1030	1030	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1031	1031	is amended to read as follows:
1032	1032	(5) "Confidential criminal record information of a
1033	1033	child" means information about a person's involvement in the
1034	1034	criminal justice system resulting from conduct that occurred or was
1035	1035	alleged to occur when the person was younger than 18 [17] years of
1036	1036	age that is confidential under Chapter 45, Code of Criminal
1037	1037	Procedure, or other law. The term does not include:
1038	1038	(A) criminal record information of a person
1039	1039	certified to stand trial as an adult for that conduct, as provided
1040	1040	by Section 54.02, Family Code; or
1041	1041	(B) information relating to a traffic offense.
1042	1042	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1043	1043	read as follows:
1044	1044	(b) If a child fails to obey an order issued by a truancy
1045	1045	court under Section 65.103(a) or a child is in direct contempt of
1046	1046	court and the child has failed to obey an order or has been found in
1047	1047	direct contempt of court on two or more previous occasions, the
1048	1048	truancy court, after providing notice and an opportunity for a
1049	1049	hearing, may refer the child to the juvenile probation department
1050	1050	as a request for truancy intervention, unless the child failed to
1051	1051	obey the truancy court order or was in direct contempt of court
1052	1052	while 18 [17] years of age or older.
1053	1053	SECTION 5.03. Section 79.001(10), Government Code, is
1054	1054	amended to read as follows:
1055	1055	(10) "Juvenile offense" means conduct committed by a
1056	1056	person while younger than 18 [17] years of age that constitutes:
1057	1057	(A) a misdemeanor punishable by confinement; or
1058	1058	(B) a felony.
1059	1059	SECTION 5.04. Section 511.009(a), Government Code, is
1060	1060	amended to read as follows:
1061	1061	(a) The commission shall:
1062	1062	(1) adopt reasonable rules and procedures
1063	1063	establishing minimum standards for the construction, equipment,
1064	1064	maintenance, and operation of county jails;
1065	1065	(2) adopt reasonable rules and procedures
1066	1066	establishing minimum standards for the custody, care, and treatment
1067	1067	of prisoners;
1068	1068	(3) adopt reasonable rules establishing minimum
1069	1069	standards for the number of jail supervisory personnel and for
1070	1070	programs and services to meet the needs of prisoners;
1071	1071	(4) adopt reasonable rules and procedures
1072	1072	establishing minimum requirements for programs of rehabilitation,
1073	1073	education, and recreation in county jails;
1074	1074	(5) revise, amend, or change rules and procedures if
1075	1075	necessary;
1076	1076	(6) provide to local government officials
1077	1077	consultation on and technical assistance for county jails;
1078	1078	(7) review and comment on plans for the construction
1079	1079	and major modification or renovation of county jails;
1080	1080	(8) require that the sheriff and commissioners of each
1081	1081	county submit to the commission, on a form prescribed by the
1082	1082	commission, an annual report on the conditions in each county jail
1083	1083	within their jurisdiction, including all information necessary to
1084	1084	determine compliance with state law, commission orders, and the
1085	1085	rules adopted under this chapter;
1086	1086	(9) review the reports submitted under Subdivision (8)
1087	1087	and require commission employees to inspect county jails regularly
1088	1088	to ensure compliance with state law, commission orders, and rules
1089	1089	and procedures adopted under this chapter;
1090	1090	(10) adopt a classification system to assist sheriffs
1091	1091	and judges in determining which defendants are low-risk and
1092	1092	consequently suitable participants in a county jail work release
1093	1093	program under Article 42.034, Code of Criminal Procedure;
1094	1094	(11) adopt rules relating to requirements for
1095	1095	segregation of classes of inmates and to capacities for county
1096	1096	jails;
1097	1097	(12) require that the chief jailer of each municipal
1098	1098	lockup submit to the commission, on a form prescribed by the
1099	1099	commission, an annual report of persons under 18 [17] years of age
1100	1100	securely detained in the lockup, including all information
1101	1101	necessary to determine compliance with state law concerning secure
1102	1102	confinement of children in municipal lockups;
1103	1103	(13) at least annually determine whether each county
1104	1104	jail is in compliance with the rules and procedures adopted under
1105	1105	this chapter;
1106	1106	(14) require that the sheriff and commissioners court
1107	1107	of each county submit to the commission, on a form prescribed by the
1108	1108	commission, an annual report of persons under 18 [17] years of age
1109	1109	securely detained in the county jail, including all information
1110	1110	necessary to determine compliance with state law concerning secure
1111	1111	confinement of children in county jails;
1112	1112	(15) schedule announced and unannounced inspections
1113	1113	of jails under the commission's jurisdiction using the risk
1114	1114	assessment plan established under Section 511.0085 to guide the
1115	1115	inspections process;
1116	1116	(16) adopt a policy for gathering and distributing to
1117	1117	jails under the commission's jurisdiction information regarding:
1118	1118	(A) common issues concerning jail
1119	1119	administration;
1120	1120	(B) examples of successful strategies for
1121	1121	maintaining compliance with state law and the rules, standards, and
1122	1122	procedures of the commission; and
1123	1123	(C) solutions to operational challenges for
1124	1124	jails;
1125	1125	(17) report to the Texas Correctional Office on
1126	1126	Offenders with Medical or Mental Impairments on a jail's compliance
1127	1127	with Article 16.22, Code of Criminal Procedure;
1128	1128	(18) adopt reasonable rules and procedures
1129	1129	establishing minimum requirements for a county jail to:
1130	1130	(A) determine if a prisoner is pregnant;
1131	1131	(B) ensure that the jail's health services plan
1132	1132	addresses medical care, including obstetrical and gynecological
1133	1133	care, mental health care, nutritional requirements, and any special
1134	1134	housing or work assignment needs for prisoners who are known or
1135	1135	determined to be pregnant; and
1136	1136	(C) identify when a pregnant prisoner is in labor
1137	1137	and provide appropriate care to the prisoner, including promptly
1138	1138	transporting the prisoner to a local hospital;
1139	1139	(19) provide guidelines to sheriffs regarding
1140	1140	contracts between a sheriff and another entity for the provision of
1141	1141	food services to or the operation of a commissary in a jail under
1142	1142	the commission's jurisdiction, including specific provisions
1143	1143	regarding conflicts of interest and avoiding the appearance of
1144	1144	impropriety;
1145	1145	(20) adopt reasonable rules and procedures
1146	1146	establishing minimum standards for prisoner visitation that
1147	1147	provide each prisoner at a county jail with a minimum of two
1148	1148	in-person, noncontact visitation periods per week of at least 20
1149	1149	minutes duration each;
1150	1150	(21) require the sheriff of each county to:
1151	1151	(A) investigate and verify the veteran status of
1152	1152	each prisoner by using data made available from the Veterans
1153	1153	Reentry Search Service (VRSS) operated by the United States
1154	1154	Department of Veterans Affairs or a similar service; and
1155	1155	(B) use the data described by Paragraph (A) to
1156	1156	assist prisoners who are veterans in applying for federal benefits
1157	1157	or compensation for which the prisoners may be eligible under a
1158	1158	program administered by the United States Department of Veterans
1159	1159	Affairs;
1160	1160	(22) adopt reasonable rules and procedures regarding
1161	1161	visitation of a prisoner at a county jail by a guardian, as defined
1162	1162	by Section 1002.012, Estates Code, that:
1163	1163	(A) allow visitation by a guardian to the same
1164	1164	extent as the prisoner's next of kin, including placing the
1165	1165	guardian on the prisoner's approved visitors list on the guardian's
1166	1166	request and providing the guardian access to the prisoner during a
1167	1167	facility's standard visitation hours if the prisoner is otherwise
1168	1168	eligible to receive visitors; and
1169	1169	(B) require the guardian to provide the sheriff
1170	1170	with letters of guardianship issued as provided by Section
1171	1171	1106.001, Estates Code, before being allowed to visit the prisoner;
1172	1172	(23) adopt reasonable rules and procedures to ensure
1173	1173	the safety of prisoners, including rules and procedures that
1174	1174	require a county jail to:
1175	1175	(A) give prisoners the ability to access a mental
1176	1176	health professional at the jail or through a telemental health
1177	1177	service 24 hours a day or, if a mental health professional is not at
1178	1178	the county jail at the time, then require the jail to use all
1179	1179	reasonable efforts to arrange for the inmate to have access to a
1180	1180	mental health professional within a reasonable time;
1181	1181	(B) give prisoners the ability to access a health
1182	1182	professional at the jail or through a telehealth service 24 hours a
1183	1183	day or, if a health professional is unavailable at the jail or
1184	1184	through a telehealth service, provide for a prisoner to be
1185	1185	transported to access a health professional; and
1186	1186	(C) if funding is available under Section
1187	1187	511.019, install automated electronic sensors or cameras to ensure
1188	1188	accurate and timely in-person checks of cells or groups of cells
1189	1189	confining at-risk individuals; and
1190	1190	(24) adopt reasonable rules and procedures
1191	1191	establishing minimum standards for the quantity and quality of
1192	1192	feminine hygiene products, including tampons in regular and large
1193	1193	sizes and menstrual pads with wings in regular and large sizes,
1194	1194	provided to a female prisoner.
1195	1195	SECTION 5.05. Section 351.903(a), Local Government Code, is
1196	1196	amended to read as follows:
1197	1197	(a) To provide for the public safety, the commissioners
1198	1198	court of a county by order may adopt a curfew to regulate the
1199	1199	movements or actions of persons under 18 [17] years of age during
1200	1200	the period beginning one-half hour after sunset and extending until
1201	1201	one-half hour before sunrise or during school hours, or both. The
1202	1202	order applies only to the unincorporated area of the county.
1203	1203	SECTION 5.06. Section 521.201, Transportation Code, is
1204	1204	amended to read as follows:
1205	1205	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1206	1206	department may not issue any license to a person who:
1207	1207	(1) is under 15 years of age;
1208	1208	(2) is under 18 years of age unless the person complies
1209	1209	with the requirements imposed by Section 521.204;
1210	1210	(3) is shown to be addicted to the use of alcohol, a
1211	1211	controlled substance, or another drug that renders a person
1212	1212	incapable of driving;
1213	1213	(4) holds a driver's license issued by this state or
1214	1214	another state or country that is revoked, canceled, or under
1215	1215	suspension;
1216	1216	(5) has been determined by a judgment of a court to be
1217	1217	totally incapacitated or incapacitated to act as the operator of a
1218	1218	motor vehicle unless the person has, by the date of the license
1219	1219	application, been:
1220	1220	(A) restored to capacity by judicial decree; or
1221	1221	(B) released from a hospital for the mentally
1222	1222	incapacitated on a certificate by the superintendent or
1223	1223	administrator of the hospital that the person has regained
1224	1224	capacity;
1225	1225	(6) the department determines to be afflicted with a
1226	1226	mental or physical disability or disease that prevents the person
1227	1227	from exercising reasonable and ordinary control over a motor
1228	1228	vehicle while operating the vehicle on a highway, except that a
1229	1229	person may not be refused a license because of a physical defect if
1230	1230	common experience shows that the defect does not incapacitate a
1231	1231	person from safely operating a motor vehicle;
1232	1232	(7) has been reported by a court under Section
1233	1233	521.3452 for failure to appear unless the court has filed an
1234	1234	additional report on final disposition of the case; or
1235	1235	(8) has been reported by a court for failure to appear
1236	1236	or default in payment of a fine for a misdemeanor that is not
1237	1237	covered under Subdivision (7) and that is punishable by a fine only,
1238	1238	including a misdemeanor under a municipal ordinance, committed by a
1239	1239	person who was under 18 [17] years of age at the time of the alleged
1240	1240	offense, unless the court has filed an additional report on final
1241	1241	disposition of the case.
1242	1242	SECTION 5.07. Section 65.251(b), Family Code, and Section
1243	1243	521.201, Transportation Code, as amended by this article, apply
1244	1244	only to an offense committed or conduct that occurred on or after
1245	1245	September 1, 2022. An offense committed or conduct that occurred
1246	1246	before September 1, 2022, is governed by the law in effect on the
1247	1247	date the offense was committed or the conduct occurred, and the
1248	1248	former law is continued in effect for that purpose. For purposes of
1249	1249	this section, an offense was committed or conduct occurred before
1250	1250	September 1, 2022, if any element of the offense or conduct occurred
1251	1251	before that date.
1252	1252	ARTICLE 6. ADVISORY COMMITTEE
1253	1253	SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1254	1254	Not later than December 1, 2021, the Texas Juvenile Justice Board
1255	1255	shall appoint an advisory committee to monitor and evaluate
1256	1256	implementation of this Act.
1257	1257	(b) In making appointments to the advisory committee, the
1258	1258	board shall include members who are interested parties, including:
1259	1259	(1) the executive director of the Texas Juvenile
1260	1260	Justice Department or the executive director's designee;
1261	1261	(2) the director of probation services of the Texas
1262	1262	Juvenile Justice Department or the director's designee;
1263	1263	(3) the executive commissioner of the Health and Human
1264	1264	Services Commission or the executive commissioner's designee;
1265	1265	(4) one representative of county commissioners courts
1266	1266	appointed by the board;
1267	1267	(5) two juvenile court judges appointed by the board;
1268	1268	(6) seven chief juvenile probation officers appointed
1269	1269	by the board as provided by Subsection (c) of this section;
1270	1270	(7) juvenile prosecutors;
1271	1271	(8) juvenile defense attorneys;
1272	1272	(9) juvenile justice advocates; and
1273	1273	(10) individuals who were adjudicated for juvenile
1274	1274	offenses in this state or who were prosecuted as adults for offenses
1275	1275	committed when they were 17 years old, or their family members.
1276	1276	(c) The board shall appoint to the advisory committee one
1277	1277	chief juvenile probation officer from each regional chiefs
1278	1278	association in this state from a list of nominees submitted to the
1279	1279	board by each regional chiefs association. To the greatest extent
1280	1280	practicable, a regional chiefs association shall include in the
1281	1281	association's list of nominees:
1282	1282	(1) one chief juvenile probation officer of a juvenile
1283	1283	probation department serving a county with a population that
1284	1284	includes fewer than 7,500 persons younger than 18 years of age;
1285	1285	(2) one chief juvenile probation officer of a juvenile
1286	1286	probation department serving a county with a population that
1287	1287	includes at least 7,500 but fewer than 80,000 persons younger than
1288	1288	18 years of age; and
1289	1289	(3) one chief juvenile probation officer of a juvenile
1290	1290	probation department serving a county with a population that
1291	1291	includes 80,000 or more persons younger than 18 years of age.
1292	1292	(d) The board shall designate one of the members as
1293	1293	presiding officer of the advisory committee.
1294	1294	(e) The advisory committee shall assist the Texas Juvenile
1295	1295	Justice Department in evaluating and monitoring the implementation
1296	1296	of this Act, which includes determining the needs and problems of
1297	1297	county juvenile boards and probation departments, and offer
1298	1298	recommendations to meet identified needs and problems.
1299	1299	(f) Members of the advisory committee serve without
1300	1300	compensation and are not entitled to reimbursement for expenses.
1301	1301	(g) The advisory committee is not subject to Chapter 2110,
1302	1302	Government Code.
1303	1303	(h) The advisory committee is abolished and this article
1304	1304	expires June 1, 2023.
1305	1305	ARTICLE 7. EFFECTIVE DATES
1306	1306	SECTION 7.01. (a) Except as provided by Subsection (b) of
1307	1307	this section, this Act takes effect September 1, 2022.
1308	1308	(b) Article 6 of this Act takes effect September 1, 2021.