Texas 2021 - 87th Regular

Texas House Bill HB1709 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R3609 ADM-D
2		-	By: Neave~~, White, Moody, Crockett, Ramos~~ H.B. No. 1709
	2	+	By: Neave H.B. No. 1709
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to status offenses committed by a child, including the
8	8		repeal of the status offense of a child voluntarily running away
9	9		from home.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Article 45.0216(f), Code of Criminal Procedure,
12	12		is amended to read as follows:
13	13		(f) The court shall order the conviction, together with all
14	14		complaints, verdicts, sentences, and prosecutorial and law
15	15		enforcement records, and any other documents relating to the
16	16		offense, expunged from the person's record if the court finds that:
17	17		(1) for a person applying for the expunction of a
18	18		conviction for an offense described by Section 8.07(a)(4) or (5),
19	19		Penal Code, the person was not convicted of any other offense
20	20		described by Section 8.07(a)(4) or (5), Penal Code, while the
21	21		person was a child; and
22	22		(2) for a person applying for the expunction of a
23	23		conviction for an offense described by Section 43.261, Penal Code,
24	24		the person was not found to have engaged in conduct indicating a
25	25		need for supervision described by Section 51.03(b)(5)
26	26		[51.03(b)(6)], Family Code, while the person was a child.
27	27		SECTION 2. Section 33.051(2), Education Code, is amended to
28	28		read as follows:
29	29		(2) "Missing child" means a child whose whereabouts
30	30		are unknown to the legal custodian of the child and:
31	31		(A) the circumstances of whose absence indicate
32	32		that the child did not voluntarily leave the care and control of the
33	33		custodian and that the taking of the child was not authorized by
34	34		law; or
35	35		(B) the child has voluntarily left the child's
36	36		home without the consent of the custodian for a substantial length
37	37		of time or without intent to return [engaged in conduct indicating a
38	38		need for supervision under Section 51.03(b)(2), Family Code].
39	39		SECTION 3. Section 51.02, Family Code, is amended by
40	40		amending Subdivision (15) and adding Subdivision (15-a) to read as
41	41		follows:
42	42		(15) "Status offender" means a child who is accused,
43	43		adjudicated, or convicted of a status offense.
44	44		(15-a) "Status offense" means [for] conduct committed
45	45		by a child that would not, under state law, be a crime if committed
46	46		by an adult, including:
47	47		(A) [running away from home under Section
48	48		51.03(b)(2);
49	49		[(B)] a fineable only offense under Section
50	50		51.03(b)(1) transferred to the juvenile court under Section
51	51		51.08(b), but only if the conduct constituting the offense would
52	52		not have been criminal if engaged in by an adult;
53	53		(B) [(C)] a violation of standards of student
54	54		conduct as described by Section 51.03(b)(3) [51.03(b)(4)];
55	55		(C) [(D)] a violation of a juvenile curfew
56	56		ordinance or order;
57	57		(D) [(E)] a violation of a provision of the
58	58		Alcoholic Beverage Code applicable to minors only; or
59	59		(E) [(F)] a violation of any other fineable only
60	60		offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
61	61		conduct constituting the offense would not have been criminal if
62	62		engaged in by an adult.
63	63		SECTION 4. Section 51.03(b), Family Code, is amended to
64	64		read as follows:
65	65		(b) Conduct indicating a need for supervision is:
66	66		(1) subject to Subsection (f), conduct, other than a
67	67		traffic offense, that violates:
68	68		(A) the penal laws of this state of the grade of
69	69		misdemeanor that are punishable by fine only; or
70	70		(B) the penal ordinances of any political
71	71		subdivision of this state;
72	72		(2) [the voluntary absence of a child from the child's
73	73		home without the consent of the child's parent or guardian for a
74	74		substantial length of time or without intent to return;
75	75		[(3)] conduct prohibited by city ordinance or by state
76	76		law involving the inhalation of the fumes or vapors of paint and
77	77		other protective coatings or glue and other adhesives and the
78	78		volatile chemicals itemized in Section 485.001, Health and Safety
79	79		Code;
80	80		(3) [(4)] an act that violates a school district's
81	81		previously communicated written standards of student conduct for
82	82		which the child has been expelled under Section 37.007(c),
83	83		Education Code;
84	84		(4) [(5)] notwithstanding Subsection (a)(1), conduct
85	85		described by Section 43.02(a) or (b), Penal Code; or
86	86		(5) [(6)] notwithstanding Subsection (a)(1), conduct
87	87		that violates Section 43.261, Penal Code.
88	88		SECTION 5. Section 51.12, Family Code, is amended by adding
89	89		Subsection (a-1) to read as follows:
90	90		(a-1) Notwithstanding any other provision of this section,
91	91		a child may only be detained in an office or place described by
92	92		Subsection (a)(1) or (2) or a nonsecure correctional facility that
93	93		meets the conditions of Subsections (j-1)(1), (3), and (4) if the
94	94		child is accused only of a status offense.
95	95		SECTION 6. Section 51.13(e), Family Code, is amended to
96	96		read as follows:
97	97		(e) A finding that a child engaged in conduct indicating a
98	98		need for supervision as described by Section 51.03(b)(5)
99	99		[51.03(b)(6)] is a conviction only for the purposes of Sections
100	100		43.261(c) and (d), Penal Code.
101	101		SECTION 7. Section 52.02(a), Family Code, is amended to
102	102		read as follows:
103	103		(a) Except as provided by Subsection (c), a person taking a
104	104		child into custody, without unnecessary delay and without first
105	105		taking the child to any place other than a juvenile processing
106	106		office designated under Section 52.025, shall do one of the
107	107		following:
108	108		(1) release the child to a parent, guardian, custodian
109	109		of the child, or other responsible adult upon that person's promise
110	110		to bring the child before the juvenile court as requested by the
111	111		court;
112	112		(2) bring the child before the office or official
113	113		designated by the juvenile board if there is probable cause to
114	114		believe that the child engaged in delinquent conduct, conduct
115	115		indicating a need for supervision, or conduct that violates a
116	116		condition of probation imposed by the juvenile court;
117	117		(3) bring the child to a detention facility designated
118	118		by the juvenile board;
119	119		(4) bring the child to a secure detention facility as
120	120		provided by Section 51.12(j), unless the child is accused only of a
121	121		status offense;
122	122		(5) bring the child to a medical facility if the child
123	123		is believed to suffer from a serious physical condition or illness
124	124		that requires prompt treatment;
125	125		(6) dispose of the case under Section 52.03; [or]
126	126		(7) if school is in session and the child is a student,
127	127		bring the child to the school campus to which the child is assigned
128	128		if the principal, the principal's designee, or a peace officer
129	129		assigned to the campus agrees to assume responsibility for the
130	130		child for the remainder of the school day; or
131	131		(8) if the child is accused only of a status offense:
132	132		(A) bring the child to a place of nonsecure
133	133		custody in compliance with Articles 45.058(c), (d), and (e), Code
134	134		of Criminal Procedure; or
135	135		(B) if a juvenile processing office or place of
136	136		nonsecure custody is not available, bring the child to a nonsecure
137	137		correctional facility that meets the conditions of Sections
138	138		51.12(j-1)(1), (3), and (4).
139	139		SECTION 8. Section 54.011, Family Code, is amended by
140	140		amending Subsection (a) and adding Subsection (a-1) to read as
141	141		follows:
142	142		(a) The detention hearing for a [status offender or]
143	143		nonoffender who has not been released administratively under
144	144		Section 53.02 shall be held before the 24th hour after the time the
145	145		child arrived at a detention facility, excluding hours of a weekend
146	146		or a holiday. Except as otherwise provided by this section, the
147	147		judge or referee conducting the detention hearing shall release the
148	148		[status offender or] nonoffender from secure detention.
149	149		(a-1) If a child is accused only of a status offense, the
150	150		child may not be detained at a place of nonsecure custody for longer
151	151		than six hours, or at a nonsecure correctional facility for longer
152	152		than 24 hours, after the time the child arrived at the place of
153	153		detention. If the child is not released before the sixth hour after
154	154		the time the child arrived at the place of detention, the child is
155	155		entitled to a detention hearing that must be held before the 24th
156	156		hour after the time the child arrived at the place of detention,
157	157		excluding weekends and holidays. Except as otherwise provided by
158	158		this section, the judge or referee conducting the detention hearing
159	159		shall release the child from detention.
160	160		SECTION 9. Section 54.04(o), Family Code, is amended to
161	161		read as follows:
162	162		(o) In a disposition under this title:
163	163		(1) a status offender may not, under any
164	164		circumstances, be committed to the Texas Juvenile Justice
165	165		Department for engaging in conduct that would not, under state or
166	166		local law, be a crime if committed by an adult;
167	167		(2) a status offender may not, under any circumstances
168	168		[other than as provided under Subsection (n)], be placed in a
169	169		post-adjudication secure correctional facility; and
170	170		(3) a child adjudicated for contempt of a county,
171	171		justice, or municipal court order may not, under any circumstances,
172	172		be placed in a post-adjudication secure correctional facility or
173	173		committed to the Texas Juvenile Justice Department for that
174	174		conduct.
175	175		SECTION 10. Section 54.0404(a), Family Code, is amended to
176	176		read as follows:
177	177		(a) If a child is found to have engaged in conduct
178	178		indicating a need for supervision described by Section 51.03(b)(5)
179	179		[51.03(b)(6)], the juvenile court may enter an order requiring the
180	180		child to attend and successfully complete an educational program
181	181		described by Section 37.218, Education Code, or another equivalent
182	182		educational program.
183	183		SECTION 11. Section 59.003(a), Family Code, is amended to
184	184		read as follows:
185	185		(a) Subject to Subsection (e), after a child's first
186	186		commission of delinquent conduct or conduct indicating a need for
187	187		supervision, the probation department or prosecuting attorney may,
188	188		or the juvenile court may, in a disposition hearing under Section
189	189		54.04 or a modification hearing under Section 54.05, assign a child
190	190		one of the following sanction levels according to the child's
191	191		conduct:
192	192		(1) for conduct indicating a need for supervision,
193	193		other than conduct described in Section 51.03(b)(2) or (3)
194	194		[51.03(b)(3) or (4)] or a Class A or B misdemeanor, the sanction
195	195		level is one;
196	196		(2) for conduct indicating a need for supervision
197	197		under Section 51.03(b)(2) or (3) [51.03(b)(3) or (4)] or a Class A
198	198		or B misdemeanor, other than a misdemeanor involving the use or
199	199		possession of a firearm, or for delinquent conduct under Section
200	200		51.03(a)(2), the sanction level is two;
201	201		(3) for a misdemeanor involving the use or possession
202	202		of a firearm or for a state jail felony or a felony of the third
203	203		degree, the sanction level is three;
204	204		(4) for a felony of the second degree, the sanction
205	205		level is four;
206	206		(5) for a felony of the first degree, other than a
207	207		felony involving the use of a deadly weapon or causing serious
208	208		bodily injury, the sanction level is five;
209	209		(6) for a felony of the first degree involving the use
210	210		of a deadly weapon or causing serious bodily injury, for an
211	211		aggravated controlled substance felony, or for a capital felony,
212	212		the sanction level is six; or
213	213		(7) for a felony of the first degree involving the use
214	214		of a deadly weapon or causing serious bodily injury, for an
215	215		aggravated controlled substance felony, or for a capital felony, if
216	216		the petition has been approved by a grand jury under Section 53.045,
217	217		or if a petition to transfer the child to criminal court has been
218	218		filed under Section 54.02, the sanction level is seven.
219	219		SECTION 12. The following provisions of the Family Code are
220	220		repealed:
221	221		(1) Sections 51.03(e) and 54.04(n); and
222	222		(2) Section 58.0022.
223	223		SECTION 13. The changes in law made by this Act apply only
224	224		to conduct that occurs on or after the effective date of this Act.
225	225		Conduct that occurs before the effective date of this Act is
226	226		governed by the law in effect on the date the conduct occurred, and
227	227		the former law is continued in effect for that purpose. For the
228	228		purposes of this section, conduct occurred before the effective
229	229		date of this Act if any element of the conduct occurred before that
230	230		date.
231	231		SECTION 14. This Act takes effect September 1, 2021.