Texas 2021 - 87th Regular

Texas House Bill HB4371 Compare Versions

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

Old	New	Differences
1	1	87R9298 ADM-D
2	2	By: Allen H.B. No. 4371
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to juvenile justice reform, including the age of a child at
8	8	which a juvenile court may exercise jurisdiction over the child and
9	9	the age of criminal responsibility.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
12	12	SECTION 1.01. Section 37.141(1), Education Code, is amended
13	13	to read as follows:
14	14	(1) "Child" means a person who is:
15	15	(A) a student; and
16	16	(B) at least 13 [10] years of age and younger than
17	17	18 years of age.
18	18	SECTION 1.02. Section 51.02(2), Family Code, is amended to
19	19	read as follows:
20	20	(2) "Child" means a person who is:
21	21	(A) 13 [ten] years of age or older and under 18
22	22	[17] years of age; or
23	23	(B) 18 [seventeen] years of age or older and
24	24	under 20 [18] years of age who is:
25	25	(i) alleged or found to have engaged in
26	26	delinquent conduct or conduct indicating a need for supervision as
27	27	a result of acts committed before becoming 18 [17] years of age; and
28	28	(ii) under the jurisdiction of a juvenile
29	29	court.
30	30	SECTION 1.03. Sections 8.07(b), (d), and (e), Penal Code,
31	31	are amended to read as follows:
32	32	(b) Unless the juvenile court waives jurisdiction under
33	33	Section 54.02, Family Code, and certifies the individual for
34	34	criminal prosecution or the juvenile court has previously waived
35	35	jurisdiction under that section and certified the individual for
36	36	criminal prosecution, a person may not be prosecuted for or
37	37	convicted of any offense committed before reaching 18 [17] years of
38	38	age except an offense described by Subsections (a)(1)-(5).
39	39	(d) Notwithstanding Subsection (a), a person may not be
40	40	prosecuted for or convicted of an offense described by Subsection
41	41	(a)(4) or (5) that the person committed when younger than 13 [10]
42	42	years of age.
43	43	(e) A person who is at least 13 [10] years of age but younger
44	44	than 15 years of age is presumed incapable of committing an offense
45	45	described by Subsection (a)(4) or (5), other than an offense under a
46	46	juvenile curfew ordinance or order. This presumption may be
47	47	refuted if the prosecution proves to the court by a preponderance of
48	48	the evidence that the actor had sufficient capacity to understand
49	49	that the conduct engaged in was wrong at the time the conduct was
50	50	engaged in. The prosecution is not required to prove that the actor
51	51	at the time of engaging in the conduct knew that the act was a
52	52	criminal offense or knew the legal consequences of the offense.
53	53	SECTION 1.04. The changes in law made by this article apply
54	54	only to an offense committed or conduct that occurs on or after
55	55	September 1, 2021. An offense committed or conduct that occurred
56	56	before September 1, 2021, is governed by the law in effect on the
57	57	date the offense was committed or the conduct occurred, and the
58	58	former law is continued in effect for that purpose. For purposes of
59	59	this section, an offense was committed or conduct occurred before
60	60	September 1, 2021, if any element of the offense or conduct occurred
61	61	before that date.
62	62	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
63	63	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
64	64	read as follows:
65	65	(e) An offense under this section is one category lower than
66	66	the solicited offense, except that an offense under this section is
67	67	the same category as the solicited offense if it is shown on the
68	68	trial of the offense that the actor:
69	69	(1) was at the time of the offense 18 [17] years of age
70	70	or older and a member of a criminal street gang, as defined by
71	71	Section 71.01; and
72	72	(2) committed the offense with the intent to:
73	73	(A) further the criminal activities of the
74	74	criminal street gang; or
75	75	(B) avoid detection as a member of a criminal
76	76	street gang.
77	77	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
78	78	read as follows:
79	79	(b) A person commits an offense if:
80	80	(1) during a period that is 30 or more days in
81	81	duration, the person commits two or more acts of sexual abuse,
82	82	regardless of whether the acts of sexual abuse are committed
83	83	against one or more victims; and
84	84	(2) at the time of the commission of each of the acts
85	85	of sexual abuse, the actor is 18 [17] years of age or older and the
86	86	victim is a child younger than 14 years of age, regardless of
87	87	whether the actor knows the age of the victim at the time of the
88	88	offense.
89	89	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
90	90	read as follows:
91	91	(b) A person who is 18 [17] years of age or older commits an
92	92	offense if, with the intent to commit an offense listed in Article
93	93	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
94	94	over the Internet, by electronic mail or text message or other
95	95	electronic message service or system, or through a commercial
96	96	online service, intentionally:
97	97	(1) communicates in a sexually explicit manner with a
98	98	minor; or
99	99	(2) distributes sexually explicit material to a minor.
100	100	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
101	101	read as follows:
102	102	(c) Except as provided by Subsection (d), the punishment
103	103	prescribed for an offense described by Subsection (b) is increased
104	104	to the punishment prescribed for the next highest category of
105	105	offense if the actor is 18 [17] years of age or older and it is shown
106	106	beyond a reasonable doubt on the trial of the offense that the actor
107	107	committed the offense at a location that was:
108	108	(1) in, on, or within 1,000 feet of any:
109	109	(A) real property that is owned, rented, or
110	110	leased by a school or school board;
111	111	(B) premises owned, rented, or leased by an
112	112	institution of higher education;
113	113	(C) premises of a public or private youth center;
114	114	or
115	115	(D) playground;
116	116	(2) in, on, or within 300 feet of any:
117	117	(A) shopping mall;
118	118	(B) movie theater;
119	119	(C) premises of a public swimming pool; or
120	120	(D) premises of a video arcade facility; or
121	121	(3) on a school bus.
122	122	SECTION 2.05. Sections 545.424(b) and (b-1),
123	123	Transportation Code, are amended to read as follows:
124	124	(b) A person under 18 [17] years of age who holds a
125	125	restricted motorcycle license may not operate a motorcycle while
126	126	using a wireless communication device, except in case of emergency.
127	127	This subsection does not apply to a person licensed by the Federal
128	128	Communications Commission while operating a radio frequency device
129	129	other than a wireless communication device.
130	130	(b-1) A person under 18 [17] years of age who holds a
131	131	restricted motorcycle license, during the 12-month period
132	132	following the issuance of an original motorcycle license to the
133	133	person, may not operate a motorcycle after midnight and before 5
134	134	a.m. unless:
135	135	(1) the person is in sight of the person's parent or
136	136	guardian; or
137	137	(2) the operation of the vehicle is necessary for the
138	138	operator to attend or participate in employment or a school-related
139	139	activity or because of a medical emergency.
140	140	SECTION 2.06. Section 729.001(a), Transportation Code, is
141	141	amended to read as follows:
142	142	(a) A person who is younger than 18 [17] years of age commits
143	143	an offense if the person operates a motor vehicle on a public road
144	144	or highway, a street or alley in a municipality, or a public beach
145	145	in violation of any traffic law of this state, including:
146	146	(1) Chapter 502, other than Section [502.282 or]
147	147	502.412;
148	148	(2) Chapter 521, other than an offense under Section
149	149	521.457;
150	150	(3) Subtitle C, other than an offense punishable by
151	151	imprisonment or by confinement in jail under Section 550.021,
152	152	550.022, 550.024, or 550.025;
153	153	(4) Chapter 601;
154	154	(5) Chapter 621;
155	155	(6) Chapter 661; and
156	156	(7) Chapter 681.
157	157	SECTION 2.07. Section 729.002, Transportation Code, is
158	158	amended to read as follows:
159	159	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
160	160	LICENSE. (a) A person who is younger than 18 [17] years of age
161	161	commits an offense if the person operates a motor vehicle without a
162	162	driver's license authorizing the operation of a motor vehicle on a:
163	163	(1) public road or highway;
164	164	(2) street or alley in a municipality; or
165	165	(3) public beach as defined by Section 729.001.
166	166	(b) An offense under this section is punishable in the same
167	167	manner as if the person was 18 [17] years of age or older and
168	168	operated a motor vehicle without a license as described by
169	169	Subsection (a), except that an offense under this section is not
170	170	punishable by confinement or imprisonment.
171	171	SECTION 2.08. The changes in law made by this article apply
172	172	only to an offense committed on or after September 1, 2021. An
173	173	offense committed before September 1, 2021, is governed by the law
174	174	in effect on the date the offense was committed, and the former law
175	175	is continued in effect for that purpose. For purposes of this
176	176	section, an offense was committed before September 1, 2021, if any
177	177	element of the offense occurred before that date.
178	178	ARTICLE 3. CRIMINAL PROCEDURES
179	179	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
180	180	amended to read as follows:
181	181	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
182	182	ADULT. (a) Notwithstanding the order of a juvenile court to detain
183	183	a person under the age of 18 [17] who has been certified to stand
184	184	trial as an adult in a certified juvenile detention facility under
185	185	Section 54.02(h), Family Code, the judge of the criminal court
186	186	having jurisdiction over the person may order the person to be
187	187	transferred to an adult facility. A child who is transferred to an
188	188	adult facility must be detained under conditions meeting the
189	189	requirements of Section 51.12, Family Code.
190	190	(b) On the 18th [17th] birthday of a person described by
191	191	Subsection (a) who is detained in a certified juvenile detention
192	192	facility under Section 54.02(h), Family Code, the judge of the
193	193	criminal court having jurisdiction over the person shall order the
194	194	person to be transferred to an adult facility.
195	195	SECTION 3.02. Article 45.0215(a), Code of Criminal
196	196	Procedure, is amended to read as follows:
197	197	(a) This article applies to a defendant who has not had the
198	198	disabilities of minority removed and [has been:
199	199	[(1) charged with an offense other than an offense
200	200	under Section 43.261, Penal Code, if the defendant is younger than
201	201	17 years of age; or
202	202	[(2) charged with an offense under Section 43.261,
203	203	Penal Code, if the defendant] is younger than 18 years of age.
204	204	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
205	205	Procedure, are amended to read as follows:
206	206	(b) A person may apply to the court in which the person was
207	207	convicted to have the conviction expunged as provided by this
208	208	article on or after the person's 18th [17th] birthday if:
209	209	(1) the person was convicted of not more than one
210	210	offense described by Section 8.07(a)(4) or (5), Penal Code, while
211	211	the person was a child; or
212	212	(2) the person was convicted only once of an offense
213	213	under Section 43.261, Penal Code.
214	214	(h) Records of a person under 18 [17] years of age relating
215	215	to a complaint may be expunged under this article if:
216	216	(1) the complaint was dismissed under Article 45.051
217	217	or 45.052 or other law; or
218	218	(2) the person was acquitted of the offense.
219	219	SECTION 3.04. Article 45.045(b), Code of Criminal
220	220	Procedure, is amended to read as follows:
221	221	(b) A capias pro fine may not be issued for an individual
222	222	convicted for an offense committed before the individual's 18th
223	223	[17th] birthday unless:
224	224	(1) the individual is 18 [17] years of age or older;
225	225	(2) the court finds that the issuance of the capias pro
226	226	fine is justified after considering:
227	227	(A) the sophistication and maturity of the
228	228	individual;
229	229	(B) the criminal record and history of the
230	230	individual; and
231	231	(C) the reasonable likelihood of bringing about
232	232	the discharge of the judgment through the use of procedures and
233	233	services currently available to the court; and
234	234	(3) the court has proceeded under Article 45.050 to
235	235	compel the individual to discharge the judgment.
236	236	SECTION 3.05. Article 45.0492(a), Code of Criminal
237	237	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
238	238	Legislature, Regular Session, 2011, is amended to read as follows:
239	239	(a) This article applies only to a defendant younger than 18
240	240	[17] years of age who is assessed a fine or costs for a Class C
241	241	misdemeanor occurring in a building or on the grounds of the primary
242	242	or secondary school at which the defendant was enrolled at the time
243	243	of the offense.
244	244	SECTION 3.06. Article 45.0492(a), Code of Criminal
245	245	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
246	246	Legislature, Regular Session, 2011, is amended to read as follows:
247	247	(a) This article applies only to a defendant younger than 18
248	248	[17] years of age who is assessed a fine or costs for a Class C
249	249	misdemeanor.
250	250	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
251	251	Criminal Procedure, are amended to read as follows:
252	252	(d) A justice or municipal court may hold a person in
253	253	contempt and impose a remedy authorized by Subsection (c)(2) if:
254	254	(1) the person was convicted for an offense committed
255	255	before the person's 18th [17th] birthday;
256	256	(2) the person failed to obey the order while the
257	257	person was 18 [17] years of age or older; and
258	258	(3) the failure to obey occurred under circumstances
259	259	that constitute contempt of court.
260	260	(e) A justice or municipal court may hold a person in
261	261	contempt and impose a remedy authorized by Subsection (c)(2) if the
262	262	person, while younger than 18 [17] years of age, engaged in conduct
263	263	in contempt of an order issued by the justice or municipal court,
264	264	but contempt proceedings could not be held before the person's 18th
265	265	[17th] birthday.
266	266	(g) A justice or municipal court may not refer a child who
267	267	violates a court order while 18 [17] years of age or older to a
268	268	juvenile court for delinquency proceedings for contempt of court.
269	269	SECTION 3.08. Article 45.057(h), Code of Criminal
270	270	Procedure, is amended to read as follows:
271	271	(h) A child and parent required to appear before the court
272	272	have an obligation to provide the court in writing with the current
273	273	address and residence of the child. The obligation does not end
274	274	when the child reaches age 18 [17]. On or before the seventh day
275	275	after the date the child or parent changes residence, the child or
276	276	parent shall notify the court of the current address in the manner
277	277	directed by the court. A violation of this subsection may result in
278	278	arrest and is a Class C misdemeanor. The obligation to provide
279	279	notice terminates on discharge and satisfaction of the judgment or
280	280	final disposition not requiring a finding of guilt.
281	281	SECTION 3.09. Article 45.058(h), Code of Criminal
282	282	Procedure, is amended to read as follows:
283	283	(h) In this article, "child" means a person who is:
284	284	(1) at least 13 [10] years of age and younger than 18
285	285	[17] years of age; and
286	286	(2) charged with or convicted of an offense that a
287	287	justice or municipal court has jurisdiction of under Article 4.11
288	288	or 4.14.
289	289	SECTION 3.10. Article 45.059(a), Code of Criminal
290	290	Procedure, is amended to read as follows:
291	291	(a) A peace officer taking into custody a person younger
292	292	than 18 [17] years of age for violation of a juvenile curfew
293	293	ordinance of a municipality or order of the commissioners court of a
294	294	county shall, without unnecessary delay:
295	295	(1) release the person to the person's parent,
296	296	guardian, or custodian;
297	297	(2) take the person before a justice or municipal
298	298	court to answer the charge; or
299	299	(3) take the person to a place designated as a juvenile
300	300	curfew processing office by the head of the law enforcement agency
301	301	having custody of the person.
302	302	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
303	303	Criminal Procedure, are amended to read as follows:
304	304	(a) Except as provided by Articles 45.058 and 45.059, an
305	305	individual may not be taken into secured custody for offenses
306	306	alleged to have occurred before the individual's 18th [17th]
307	307	birthday.
308	308	(b) On or after an individual's 18th [17th] birthday, if the
309	309	court has used all available procedures under this chapter to
310	310	secure the individual's appearance to answer allegations made
311	311	before the individual's 18th [17th] birthday, the court may issue a
312	312	notice of continuing obligation to appear by personal service or by
313	313	mail to the last known address and residence of the individual. The
314	314	notice must order the individual to appear at a designated time,
315	315	place, and date to answer the allegations detailed in the notice.
316	316	(e) A notice of continuing obligation to appear issued under
317	317	this article must contain the following statement provided in
318	318	boldfaced type or capital letters:
319	319	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
320	320	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
321	321	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
322	322	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
323	323	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
324	324	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
325	325	FOR YOUR ARREST."
326	326	SECTION 3.12. Article 62.001(6), Code of Criminal
327	327	Procedure, is amended to read as follows:
328	328	(6) "Sexually violent offense" means any of the
329	329	following offenses committed by a person 18 [17] years of age or
330	330	older:
331	331	(A) an offense under Section 21.02 (Continuous
332	332	sexual abuse of young child or children), 21.11(a)(1) (Indecency
333	333	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
334	334	sexual assault), Penal Code;
335	335	(B) an offense under Section 43.25 (Sexual
336	336	performance by a child), Penal Code;
337	337	(C) an offense under Section 20.04(a)(4)
338	338	(Aggravated kidnapping), Penal Code, if the defendant committed the
339	339	offense with intent to violate or abuse the victim sexually;
340	340	(D) an offense under Section 30.02 (Burglary),
341	341	Penal Code, if the offense is punishable under Subsection (d) of
342	342	that section and the defendant committed the offense with intent to
343	343	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
344	344	or
345	345	(E) an offense under the laws of another state,
346	346	federal law, the laws of a foreign country, or the Uniform Code of
347	347	Military Justice if the offense contains elements that are
348	348	substantially similar to the elements of an offense listed under
349	349	Paragraph (A), (B), (C), or (D).
350	350	SECTION 3.13. Article 62.351(a), Code of Criminal
351	351	Procedure, is amended to read as follows:
352	352	(a) During or after disposition of a case under Section
353	353	54.04, Family Code, for adjudication of an offense for which
354	354	registration is required under this chapter, the juvenile court on
355	355	motion of the respondent shall conduct a hearing to determine
356	356	whether the interests of the public require registration under this
357	357	chapter. The motion may be filed and the hearing held regardless of
358	358	whether the respondent is under 19 [18] years of age. Notice of the
359	359	motion and hearing shall be provided to the prosecuting attorney.
360	360	SECTION 3.14. Article 62.352(c), Code of Criminal
361	361	Procedure, is amended to read as follows:
362	362	(c) If the court enters an order described by Subsection
363	363	(b)(1), the court retains discretion and jurisdiction to require,
364	364	or exempt the respondent from, registration under this chapter at
365	365	any time during the treatment or on the successful or unsuccessful
366	366	completion of treatment, except that during the period of deferral,
367	367	registration may not be required. Following successful completion
368	368	of treatment, the respondent is exempted from registration under
369	369	this chapter unless a hearing under this subchapter is held on
370	370	motion of the prosecuting attorney, regardless of whether the
371	371	respondent is 19 [18] years of age or older, and the court
372	372	determines the interests of the public require registration. Not
373	373	later than the 10th day after the date of the respondent's
374	374	successful completion of treatment, the treatment provider shall
375	375	notify the juvenile court and prosecuting attorney of the
376	376	completion.
377	377	SECTION 3.15. Article 62.353(b), Code of Criminal
378	378	Procedure, is amended to read as follows:
379	379	(b) The person may file a motion under Subsection (a) in the
380	380	original juvenile case regardless of whether the person, at the
381	381	time of filing the motion, is 19 [18] years of age or older. Notice
382	382	of the motion shall be provided to the prosecuting attorney. A
383	383	hearing on the motion shall be provided as in other cases under this
384	384	subchapter.
385	385	SECTION 3.16. Section 37.085, Education Code, is amended to
386	386	read as follows:
387	387	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
388	388	MISDEMEANORS. Notwithstanding any other provision of law, a
389	389	warrant may not be issued for the arrest of a person for a Class C
390	390	misdemeanor under this code committed when the person was younger
391	391	than 18 [17] years of age.
392	392	SECTION 3.17. Section 153.0071(e-1), Family Code, is
393	393	amended to read as follows:
394	394	(e-1) Notwithstanding Subsections (d) and (e), a court may
395	395	decline to enter a judgment on a mediated settlement agreement if
396	396	the court finds:
397	397	(1) that:
398	398	(A) a party to the agreement was a victim of
399	399	family violence, and that circumstance impaired the party's ability
400	400	to make decisions; or
401	401	(B) the agreement would permit a person who is
402	402	subject to registration under Chapter 62, Code of Criminal
403	403	Procedure, on the basis of an offense committed by the person when
404	404	the person was 18 [17] years of age or older or who otherwise has a
405	405	history or pattern of past or present physical or sexual abuse
406	406	directed against any person to:
407	407	(i) reside in the same household as the
408	408	child; or
409	409	(ii) otherwise have unsupervised access to
410	410	the child; and
411	411	(2) that the agreement is not in the child's best
412	412	interest.
413	413	SECTION 3.18. Section 521.453(i), Transportation Code, is
414	414	amended to read as follows:
415	415	(i) If the person ordered to perform community service under
416	416	Subsection (h) is younger than 18 [17] years of age, the community
417	417	service shall be performed as if ordered by a juvenile court under
418	418	Section 54.044(a), Family Code, as a condition of probation under
419	419	Section 54.04(d), Family Code.
420	420	SECTION 3.19. (a) Except as provided by Subsection (b) of
421	421	this section, the changes in law made by this article apply only to
422	422	an offense committed on or after September 1, 2021. An offense
423	423	committed before September 1, 2021, is governed by the law in effect
424	424	on the date the offense was committed, and the former law is
425	425	continued in effect for that purpose.
426	426	(b) Articles 45.0216(b) and (h), Code of Criminal
427	427	Procedure, as amended by this article, apply only to the expunction
428	428	of certain records related to an offense committed on or after
429	429	September 1, 2021. The expunction of certain records related to an
430	430	offense committed before September 1, 2021, is governed by the law
431	431	in effect on the date the offense was committed, and the former law
432	432	is continued in effect for that purpose.
433	433	(c) For purposes of this section, an offense was committed
434	434	before September 1, 2021, if any element of the offense occurred
435	435	before that date.
436	436	ARTICLE 4. JUVENILE COURT PROCEDURES
437	437	SECTION 4.01. Section 51.041, Family Code, is amended to
438	438	read as follows:
439	439	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
440	440	retains jurisdiction over a person, without regard to the age of the
441	441	person, for conduct engaged in by the person before becoming 18 [17]
442	442	years of age if, as a result of an appeal by the person or the state
443	443	under Chapter 56 of an order of the court, the order is reversed or
444	444	modified and the case remanded to the court by the appellate court.
445	445	(b) If the respondent is at least 18 years of age when the
446	446	order of remand from the appellate court is received by the juvenile
447	447	court, the juvenile court shall proceed as provided by Sections
448	448	54.02(o)-(r) for the detention of a person at least 19 [18] years of
449	449	age in discretionary transfer proceedings. Pending retrial of the
450	450	adjudication or transfer proceeding, the juvenile court may:
451	451	(1) order the respondent released from custody;
452	452	(2) order the respondent detained in a juvenile
453	453	detention facility; or
454	454	(3) set bond and order the respondent detained in a
455	455	county adult facility if bond is not made.
456	456	SECTION 4.02. Section 51.0412, Family Code, is amended to
457	457	read as follows:
458	458	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
459	459	The court retains jurisdiction over a person, without regard to the
460	460	age of the person, who is a respondent in an adjudication
461	461	proceeding, a disposition proceeding, a proceeding to modify
462	462	disposition, a proceeding for waiver of jurisdiction and transfer
463	463	to criminal court under Section 54.02(a), or a motion for transfer
464	464	of determinate sentence probation to an appropriate district court
465	465	if:
466	466	(1) the petition or motion was filed while the
467	467	respondent was younger than 19 or 20 [18 or 19] years of age, as
468	468	applicable;
469	469	(2) the proceeding is not complete before the
470	470	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
471	471	and
472	472	(3) the court enters a finding in the proceeding that
473	473	the prosecuting attorney exercised due diligence in an attempt to
474	474	complete the proceeding before the respondent became 19 or 20 [18 or
475	475	19] years of age, as applicable.
476	476	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
477	477	amended to read as follows:
478	478	(f) A child detained in a building that contains a jail,
479	479	lockup, or other place of secure confinement, including an alcohol
480	480	or other drug treatment facility, shall be separated by sight and
481	481	sound from adults detained in the same building. Children and
482	482	adults are separated by sight and sound only if they are unable to
483	483	see each other and conversation between them is not possible. The
484	484	separation must extend to all areas of the facility, including
485	485	sally ports and passageways, and those areas used for admission,
486	486	counseling, sleeping, toileting, showering, dining, recreational,
487	487	educational, or vocational activities, and health care. The
488	488	separation may be accomplished through architectural design. A
489	489	person who has been transferred for prosecution in criminal court
490	490	under Section 54.02 and is under 18 [17] years of age is considered
491	491	a child for the purposes of this subsection.
492	492	(h) This section does not apply to a person:
493	493	(1) who has been transferred to criminal court for
494	494	prosecution under Section 54.02 and is at least 18 [17] years of
495	495	age; or
496	496	(2) who is at least 18 [17] years of age and who has
497	497	been taken into custody after having:
498	498	(A) escaped from a juvenile facility operated by
499	499	or under contract with the Texas Juvenile Justice Department; or
500	500	(B) violated a condition of release under
501	501	supervision of the department.
502	502	SECTION 4.04. Section 54.02(j), Family Code, is amended to
503	503	read as follows:
504	504	(j) The juvenile court may waive its exclusive original
505	505	jurisdiction and transfer a person to the appropriate district
506	506	court or criminal district court for criminal proceedings if:
507	507	(1) the person is 19 [18] years of age or older;
508	508	(2) the person was:
509	509	(A) 13 [10] years of age or older and under 18
510	510	[17] years of age at the time the person is alleged to have
511	511	committed a capital felony or an offense under Section 19.02, Penal
512	512	Code;
513	513	(B) 14 years of age or older and under 18 [17]
514	514	years of age at the time the person is alleged to have committed an
515	515	aggravated controlled substance felony or a felony of the first
516	516	degree other than an offense under Section 19.02, Penal Code; or
517	517	(C) 15 years of age or older and under 18 [17]
518	518	years of age at the time the person is alleged to have committed a
519	519	felony of the second or third degree or a state jail felony;
520	520	(3) no adjudication concerning the alleged offense has
521	521	been made or no adjudication hearing concerning the offense has
522	522	been conducted;
523	523	(4) the juvenile court finds from a preponderance of
524	524	the evidence that:
525	525	(A) for a reason beyond the control of the state
526	526	it was not practicable to proceed in juvenile court before the 19th
527	527	[18th] birthday of the person; or
528	528	(B) after due diligence of the state it was not
529	529	practicable to proceed in juvenile court before the 19th [18th]
530	530	birthday of the person because:
531	531	(i) the state did not have probable cause to
532	532	proceed in juvenile court and new evidence has been found since the
533	533	19th [18th] birthday of the person;
534	534	(ii) the person could not be found; or
535	535	(iii) a previous transfer order was
536	536	reversed by an appellate court or set aside by a district court; and
537	537	(5) the juvenile court determines that there is
538	538	probable cause to believe that the child before the court committed
539	539	the offense alleged.
540	540	SECTION 4.05. Section 54.0326(b), Family Code, is amended
541	541	to read as follows:
542	542	(b) A juvenile court may defer adjudication proceedings
543	543	under Section 54.03 until the child's 19th [18th] birthday and
544	544	require a child to participate in a program established under
545	545	Section 152.0017, Human Resources Code, if the child:
546	546	(1) is alleged to have engaged in delinquent conduct
547	547	or conduct indicating a need for supervision and may be a victim of
548	548	conduct that constitutes an offense under Section 20A.02, Penal
549	549	Code; and
550	550	(2) presents to the court an oral or written request to
551	551	participate in the program.
552	552	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
553	553	are amended to read as follows:
554	554	(e) The Texas Juvenile Justice Department shall accept a
555	555	person properly committed to it by a juvenile court even though the
556	556	person may be 18 [17] years of age or older at the time of
557	557	commitment.
558	558	(l) Except as provided by Subsection (q), a court or jury
559	559	may place a child on probation under Subsection (d)(1) for any
560	560	period, except that probation may not continue on or after the
561	561	child's 19th [18th] birthday. Except as provided by Subsection
562	562	(q), the court may, before the period of probation ends, extend the
563	563	probation for any period, except that the probation may not extend
564	564	to or after the child's 19th [18th] birthday.
565	565	(q) If a court or jury sentences a child to commitment in the
566	566	Texas Juvenile Justice Department or a post-adjudication secure
567	567	correctional facility under Subsection (d)(3) for a term of not
568	568	more than 10 years, the court or jury may place the child on
569	569	probation under Subsection (d)(1) as an alternative to making the
570	570	disposition under Subsection (d)(3). The court shall prescribe the
571	571	period of probation ordered under this subsection for a term of not
572	572	more than 10 years. The court may, before the sentence of probation
573	573	expires, extend the probationary period under Section 54.05, except
574	574	that the sentence of probation and any extension may not exceed 10
575	575	years. The court may, before the child's 20th [19th] birthday,
576	576	discharge the child from the sentence of probation. If a sentence
577	577	of probation ordered under this subsection and any extension of
578	578	probation ordered under Section 54.05 will continue after the
579	579	child's 20th [19th] birthday, the court shall discharge the child
580	580	from the sentence of probation on the child's 20th [19th] birthday
581	581	unless the court transfers the child to an appropriate district
582	582	court under Section 54.051.
583	583	SECTION 4.07. Section 54.0405(i), Family Code, is amended
584	584	to read as follows:
585	585	(i) A court that requires as a condition of probation that a
586	586	child attend psychological counseling under Subsection (a) may,
587	587	before the date the probation period ends, extend the probation for
588	588	any additional period necessary to complete the required counseling
589	589	as determined by the treatment provider, except that the probation
590	590	may not be extended to a date after the date of the child's 19th
591	591	[18th] birthday, or 20th [19th] birthday if the child is placed on
592	592	determinate sentence probation under Section 54.04(q).
593	593	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
594	594	amended to read as follows:
595	595	(b) If a child is found to have engaged in delinquent
596	596	conduct or conduct indicating a need for supervision arising from
597	597	the commission of an offense in which property damage or loss or
598	598	personal injury occurred, the juvenile court, on notice to all
599	599	persons affected and on hearing, may order the child or a parent to
600	600	make full or partial restitution to the victim of the offense. The
601	601	program of restitution must promote the rehabilitation of the
602	602	child, be appropriate to the age and physical, emotional, and
603	603	mental abilities of the child, and not conflict with the child's
604	604	schooling. When practicable and subject to court supervision, the
605	605	court may approve a restitution program based on a settlement
606	606	between the child and the victim of the offense. An order under
607	607	this subsection may provide for periodic payments by the child or a
608	608	parent of the child for the period specified in the order but except
609	609	as provided by Subsection (h), that period may not extend past the
610	610	date of the 19th [18th] birthday of the child or past the date the
611	611	child is no longer enrolled in an accredited secondary school in a
612	612	program leading toward a high school diploma, whichever date is
613	613	later.
614	614	(h) If the juvenile court places the child on probation in a
615	615	determinate sentence proceeding initiated under Section 53.045 and
616	616	transfers supervision on the child's 20th [19th] birthday to a
617	617	district court for placement on community supervision, the district
618	618	court shall require the payment of any unpaid restitution as a
619	619	condition of the community supervision. The liability of the
620	620	child's parent for restitution may not be extended by transfer to a
621	621	district court for supervision.
622	622	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
623	623	amended to read as follows:
624	624	(a) Any [Except as provided by Subsection (a-1), any]
625	625	disposition, except a commitment to the Texas Juvenile Justice
626	626	Department, may be modified by the juvenile court as provided in
627	627	this section until:
628	628	(1) the child reaches:
629	629	(A) the child's 19th [18th] birthday; or
630	630	(B) the child's 20th [19th] birthday, if the
631	631	child was placed on determinate sentence probation under Section
632	632	54.04(q); or
633	633	(2) the child is earlier discharged by the court or
634	634	operation of law.
635	635	(b) Except for a commitment to the Texas Juvenile Justice
636	636	Department or to a post-adjudication secure correctional facility
637	637	under former Section 54.04011 or a placement on determinate
638	638	sentence probation under Section 54.04(q), all dispositions
639	639	automatically terminate when the child reaches the child's 19th
640	640	[18th] birthday.
641	641	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
642	642	(i), Family Code, are amended to read as follows:
643	643	(a) On motion of the state concerning a child who is placed
644	644	on probation under Section 54.04(q) for a period, including any
645	645	extension ordered under Section 54.05, that will continue after the
646	646	child's 20th [19th] birthday, the juvenile court shall hold a
647	647	hearing to determine whether to transfer the child to an
648	648	appropriate district court or discharge the child from the sentence
649	649	of probation.
650	650	(b) The hearing must be conducted before the person's 20th
651	651	[19th] birthday[, or before the person's 18th birthday if the
652	652	offense for which the person was placed on probation occurred
653	653	before September 1, 2011,] and must be conducted in the same manner
654	654	as a hearing to modify disposition under Section 54.05.
655	655	(c) If, after a hearing, the court determines to discharge
656	656	the child, the court shall specify a date on or before the child's
657	657	20th [19th] birthday to discharge the child from the sentence of
658	658	probation.
659	659	(d) If, after a hearing, the court determines to transfer
660	660	the child, the court shall transfer the child to an appropriate
661	661	district court on the child's 20th [19th] birthday.
662	662	(e-2) If a person who is placed on community supervision
663	663	under this section violates a condition of that supervision or if
664	664	the person violated a condition of probation ordered under Section
665	665	54.04(q) and that probation violation was not discovered by the
666	666	state before the person's 20th [19th] birthday, the district court
667	667	shall dispose of the violation of community supervision or
668	668	probation, as appropriate, in the same manner as if the court had
669	669	originally exercised jurisdiction over the case. If the judge
670	670	revokes community supervision, the judge may reduce the prison
671	671	sentence to any length without regard to the minimum term imposed by
672	672	Article 42A.755(a), Code of Criminal Procedure.
673	673	(i) If the juvenile court exercises jurisdiction over a
674	674	person on or after the person's 19th or 20th birthday [who is 18 or
675	675	19 years of age or older], as applicable, under Section 51.041 or
676	676	51.0412, the court or jury may, if the person is otherwise eligible,
677	677	place the person on probation under Section 54.04(q). The juvenile
678	678	court shall set the conditions of probation and immediately
679	679	transfer supervision of the person to the appropriate court
680	680	exercising criminal jurisdiction under Subsection (e).
681	681	SECTION 4.11. Section 54.11(l), Family Code, is amended to
682	682	read as follows:
683	683	(l) Pending the conclusion of a transfer hearing, the
684	684	juvenile court shall order that the person who is referred for
685	685	transfer be detained in a certified juvenile detention facility as
686	686	provided by Subsection (m). If the person is at least 18 [17] years
687	687	of age, the juvenile court may order that the person be detained
688	688	without bond in an appropriate county facility for the detention of
689	689	adults accused of criminal offenses.
690	690	SECTION 4.12. Section 55.15, Family Code, is amended to
691	691	read as follows:
692	692	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
693	693	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
694	694	which the child's case is referred under Section 55.12(2) orders
695	695	mental health services for the child, the child shall be cared for,
696	696	treated, and released in conformity to Subtitle C, Title 7, Health
697	697	and Safety Code, except:
698	698	(1) a court order for mental health services for a
699	699	child automatically expires on the 120th day after the date the
700	700	child becomes 19 [18] years of age; and
701	701	(2) the administrator of a mental health facility
702	702	shall notify, in writing, by certified mail, return receipt
703	703	requested, the juvenile court that ordered mental health services
704	704	or the juvenile court that referred the case to a court that ordered
705	705	the mental health services of the intent to discharge the child at
706	706	least 10 days prior to discharge.
707	707	SECTION 4.13. Section 55.18, Family Code, is amended to
708	708	read as follows:
709	709	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
710	710	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
711	711	mental health facility before reaching 19 [18] years of age, the
712	712	juvenile court may:
713	713	(1) dismiss the juvenile court proceedings with
714	714	prejudice; or
715	715	(2) continue with proceedings under this title as
716	716	though no order of mental health services had been made.
717	717	SECTION 4.14. The heading to Section 55.19, Family Code, is
718	718	amended to read as follows:
719	719	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
720	720	BIRTHDAY.
721	721	SECTION 4.15. Section 55.19(a), Family Code, is amended to
722	722	read as follows:
723	723	(a) The juvenile court shall transfer all pending
724	724	proceedings from the juvenile court to a criminal court on the 19th
725	725	[18th] birthday of a child for whom the juvenile court or a court to
726	726	which the child's case is referred under Section 55.12(2) has
727	727	ordered inpatient mental health services if:
728	728	(1) the child is not discharged or furloughed from the
729	729	inpatient mental health facility before reaching 19 [18] years of
730	730	age; and
731	731	(2) the child is alleged to have engaged in delinquent
732	732	conduct that included a violation of a penal law listed in Section
733	733	53.045 and no adjudication concerning the alleged conduct has been
734	734	made.
735	735	SECTION 4.16. Section 55.43(a), Family Code, is amended to
736	736	read as follows:
737	737	(a) The prosecuting attorney may file with the juvenile
738	738	court a motion for a restoration hearing concerning a child if:
739	739	(1) the child is found unfit to proceed as a result of
740	740	mental illness or an intellectual disability; and
741	741	(2) the child:
742	742	(A) is not:
743	743	(i) ordered by a court to receive inpatient
744	744	mental health services;
745	745	(ii) committed by a court to a residential
746	746	care facility; or
747	747	(iii) ordered by a court to receive
748	748	treatment on an outpatient basis; or
749	749	(B) is discharged or currently on furlough from a
750	750	mental health facility or outpatient center before the child
751	751	reaches 19 [18] years of age.
752	752	SECTION 4.17. The heading to Section 55.44, Family Code, is
753	753	amended to read as follows:
754	754	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
755	755	BIRTHDAY OF CHILD.
756	756	SECTION 4.18. Section 55.44(a), Family Code, is amended to
757	757	read as follows:
758	758	(a) The juvenile court shall transfer all pending
759	759	proceedings from the juvenile court to a criminal court on the 19th
760	760	[18th] birthday of a child for whom the juvenile court or a court to
761	761	which the child's case is referred has ordered inpatient mental
762	762	health services or residential care for persons with an
763	763	intellectual disability if:
764	764	(1) the child is not discharged or currently on
765	765	furlough from the facility before reaching 19 [18] years of age; and
766	766	(2) the child is alleged to have engaged in delinquent
767	767	conduct that included a violation of a penal law listed in Section
768	768	53.045 and no adjudication concerning the alleged conduct has been
769	769	made.
770	770	SECTION 4.19. The heading to Section 56.03, Family Code, is
771	771	amended to read as follows:
772	772	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
773	773	FOR DETERMINATE SENTENCE].
774	774	SECTION 4.20. Section 56.03(b), Family Code, is amended to
775	775	read as follows:
776	776	(b) The state is entitled to appeal an order of a court:
777	777	(1) in a juvenile case in which the grand jury has
778	778	approved of the petition under Section 53.045 if the order:
779	779	(A) [(1)] dismisses a petition or any portion of
780	780	a petition;
781	781	(B) [(2)] arrests or modifies a judgment;
782	782	(C) [(3)] grants a new trial;
783	783	(D) [(4)] sustains a claim of former jeopardy; or
784	784	(E) [(5)] grants a motion to suppress evidence, a
785	785	confession, or an admission and if:
786	786	(i) [(A)] jeopardy has not attached in the
787	787	case;
788	788	(ii) [(B)] the prosecuting attorney
789	789	certifies to the trial court that the appeal is not taken for the
790	790	purpose of delay; and
791	791	(iii) [(C)] the evidence, confession, or
792	792	admission is of substantial importance in the case; or
793	793	(2) if the order denies the transfer of the child under
794	794	Section 54.02 to criminal court for prosecution as an adult.
795	795	SECTION 4.21. Section 58.0052(a)(3), Family Code, is
796	796	amended to read as follows:
797	797	(3) "Multi-system youth" means a person who:
798	798	(A) is younger than 20 [19] years of age; and
799	799	(B) has received services from two or more
800	800	juvenile service providers.
801	801	SECTION 4.22. Section 58.253(b), Family Code, is amended to
802	802	read as follows:
803	803	(b) A person who was referred to a juvenile probation
804	804	department for delinquent conduct is entitled to have all records
805	805	related to the person's juvenile matters, including records
806	806	relating to any matters involving conduct indicating a need for
807	807	supervision, sealed without applying to the juvenile court if the
808	808	person:
809	809	(1) is at least 20 [19] years of age;
810	810	(2) has not been adjudicated as having engaged in
811	811	delinquent conduct or, if adjudicated for delinquent conduct, was
812	812	not adjudicated for delinquent conduct violating a penal law of the
813	813	grade of felony;
814	814	(3) does not have any pending delinquent conduct
815	815	matters;
816	816	(4) has not been transferred by a juvenile court to a
817	817	criminal court for prosecution under Section 54.02;
818	818	(5) has not as an adult been convicted of a felony or a
819	819	misdemeanor punishable by confinement in jail; and
820	820	(6) does not have any pending charges as an adult for a
821	821	felony or a misdemeanor punishable by confinement in jail.
822	822	SECTION 4.23. Section 58.255(a), Family Code, is amended to
823	823	read as follows:
824	824	(a) A person who was referred to a juvenile court for
825	825	conduct indicating a need for supervision is entitled to have all
826	826	records related to all conduct indicating a need for supervision
827	827	matters sealed without applying to the juvenile court if the
828	828	person:
829	829	(1) has records relating to the conduct filed with the
830	830	court clerk;
831	831	(2) is at least 19 [18] years of age;
832	832	(3) has not been referred to the juvenile probation
833	833	department for delinquent conduct;
834	834	(4) has not as an adult been convicted of a felony; and
835	835	(5) does not have any pending charges as an adult for a
836	836	felony or a misdemeanor punishable by confinement in jail.
837	837	SECTION 4.24. Section 58.256(c), Family Code, is amended to
838	838	read as follows:
839	839	(c) Except as provided by Subsection (d), the juvenile court
840	840	may order the sealing of records related to all matters for which
841	841	the person was referred to the juvenile probation department if the
842	842	person:
843	843	(1) is at least 18 [17] years of age, or is younger
844	844	than 18 [17] years of age and at least one year has elapsed after the
845	845	date of final discharge in each matter for which the person was
846	846	referred to the juvenile probation department;
847	847	(2) does not have any delinquent conduct matters
848	848	pending with any juvenile probation department or juvenile court;
849	849	(3) was not transferred by a juvenile court to a
850	850	criminal court for prosecution under Section 54.02;
851	851	(4) has not as an adult been convicted of a felony; and
852	852	(5) does not have any pending charges as an adult for a
853	853	felony or a misdemeanor punishable by confinement in jail.
854	854	SECTION 4.25. Section 58.264(b), Family Code, is amended to
855	855	read as follows:
856	856	(b) The records related to a person referred to a juvenile
857	857	probation department may be destroyed if the person:
858	858	(1) is at least 19 [18] years of age, and:
859	859	(A) the most serious conduct for which the person
860	860	was referred was conduct indicating a need for supervision, whether
861	861	or not the person was adjudicated; or
862	862	(B) the referral or information did not relate to
863	863	conduct indicating a need for supervision or delinquent conduct and
864	864	the juvenile probation department, prosecutor, or juvenile court
865	865	did not take action on the referral or information for that reason;
866	866	(2) is at least 21 years of age, and:
867	867	(A) the most serious conduct for which the person
868	868	was adjudicated was delinquent conduct that violated a penal law of
869	869	the grade of misdemeanor; or
870	870	(B) the most serious conduct for which the person
871	871	was referred was delinquent conduct and the person was not
872	872	adjudicated as having engaged in the conduct; or
873	873	(3) is at least 31 years of age and the most serious
874	874	conduct for which the person was adjudicated was delinquent conduct
875	875	that violated a penal law of the grade of felony.
876	876	SECTION 4.26. Section 59.005(b), Family Code, is amended to
877	877	read as follows:
878	878	(b) The juvenile court or the probation department shall
879	879	discharge the child from the custody of the probation department on
880	880	the date the provisions of this section are met or on the child's
881	881	19th [18th] birthday, whichever is earlier.
882	882	SECTION 4.27. Section 59.006(b), Family Code, is amended to
883	883	read as follows:
884	884	(b) The juvenile court shall discharge the child from the
885	885	custody of the probation department on the date the provisions of
886	886	this section are met or on the child's 19th [18th] birthday,
887	887	whichever is earlier.
888	888	SECTION 4.28. Section 59.007(b), Family Code, is amended to
889	889	read as follows:
890	890	(b) The juvenile court shall discharge the child from the
891	891	custody of the probation department on the date the provisions of
892	892	this section are met or on the child's 19th [18th] birthday,
893	893	whichever is earlier.
894	894	SECTION 4.29. Section 59.008(b), Family Code, is amended to
895	895	read as follows:
896	896	(b) The juvenile court shall discharge the child from the
897	897	custody of the probation department on the date the provisions of
898	898	this section are met or on the child's 19th [18th] birthday,
899	899	whichever is earlier.
900	900	SECTION 4.30. Section 59.009(c), Family Code, is amended to
901	901	read as follows:
902	902	(c) The Texas Juvenile Justice Department, juvenile board,
903	903	or local juvenile probation department may discharge the child from
904	904	the custody of the department, board, or probation department, as
905	905	applicable, on the date the provisions of this section are met or on
906	906	the child's 20th [19th] birthday, whichever is earlier.
907	907	SECTION 4.31. Section 61.051(c), Family Code, is amended to
908	908	read as follows:
909	909	(c) The juvenile court retains jurisdiction to enter a
910	910	contempt order if the motion for enforcement is filed not later than
911	911	six months after the child's 19th [18th] birthday.
912	912	SECTION 4.32. Section 614.019(b), Health and Safety Code,
913	913	is amended to read as follows:
914	914	(b) A child with mental illness who is receiving continuity
915	915	of care services during parole from the Texas Juvenile Justice
916	916	Department and who is no longer eligible to receive services from a
917	917	local mental health authority when the child becomes 18 [17] years
918	918	of age because the child does not meet the requirements of a local
919	919	service area plan under Section 533.0352(a) may continue to receive
920	920	continuity of care services from the office until the child
921	921	completes the child's parole.
922	922	SECTION 4.33. Section 63.001(1), Human Resources Code, is
923	923	amended to read as follows:
924	924	(1) "Juvenile" means a person from the age of 13 [10]
925	925	to 20 [18] years who:
926	926	(A) has been found to have engaged in delinquent
927	927	conduct by a juvenile court; and
928	928	(B) is under the jurisdiction of the juvenile
929	929	court [of competent jurisdiction].
930	930	SECTION 4.34. Section 152.0015, Human Resources Code, is
931	931	amended to read as follows:
932	932	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
933	933	JUVENILES. A juvenile board shall establish a policy that
934	934	specifies whether a person who has been transferred for criminal
935	935	prosecution under Section 54.02, Family Code, and is younger than
936	936	18 [17] years of age may be detained in a juvenile facility pending
937	937	trial as provided by Section 51.12, Family Code.
938	938	SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
939	939	is amended to read as follows:
940	940	(2) "Child" means an individual 13[:
941	941	[(A) 10] years of age or older and younger than 20
942	942	[18] years of age who is under the jurisdiction of a juvenile
943	943	court[; or
944	944	[(B) 10 years of age or older and younger than 19
945	945	years of age who is committed to the department under Title 3,
946	946	Family Code].
947	947	SECTION 4.36. Section 243.001(a), Human Resources Code, is
948	948	amended to read as follows:
949	949	(a) The department may not assign a child younger than 16
950	950	[15] years of age to the same correctional facility dormitory as a
951	951	person who is at least 18 [17] years of age unless the department
952	952	determines that the placement is necessary to ensure the safety of
953	953	children in the custody of the department. This subsection does not
954	954	apply to a dormitory that is used exclusively for short-term
955	955	assessment and orientation purposes.
956	956	SECTION 4.37. Section 243.051(b), Human Resources Code, is
957	957	amended to read as follows:
958	958	(b) A child who is arrested or taken into custody under
959	959	Subsection (a) may be detained in any suitable place, including an
960	960	adult jail facility if the person is 18 [17] years of age or older,
961	961	until the child is returned to the custody of the department or
962	962	transported to a department facility.
963	963	SECTION 4.38. Section 244.014(a), Human Resources Code, is
964	964	amended to read as follows:
965	965	(a) After a child sentenced to commitment under Section
966	966	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
967	967	years of age but before the child becomes 20 [19] years of age, the
968	968	department may refer the child to the juvenile court that entered
969	969	the order of commitment for approval of the child's transfer to the
970	970	Texas Department of Criminal Justice for confinement if:
971	971	(1) the child has not completed the sentence; and
972	972	(2) the child's conduct, regardless of whether the
973	973	child was released under supervision under Section 245.051,
974	974	indicates that the welfare of the community requires the transfer.
975	975	SECTION 4.39. Section 244.015, Human Resources Code, is
976	976	amended to read as follows:
977	977	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
978	978	DETERMINATE SENTENCES. (a) When a child who is sentenced to
979	979	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
980	980	Family Code, becomes 19 [18] years of age, the department shall
981	981	evaluate whether the child is in need of additional services that
982	982	can be completed in the six-month period after the child's 19th
983	983	[18th] birthday to prepare the child for release from the custody of
984	984	the department or transfer to the Texas Department of Criminal
985	985	Justice.
986	986	(b) This section does not apply to a child who is released
987	987	from the custody of the department or who is transferred to the
988	988	Texas Department of Criminal Justice before the child's 19th [18th]
989	989	birthday.
990	990	SECTION 4.40. Section 245.053(i), Human Resources Code, is
991	991	amended to read as follows:
992	992	(i) If the department requires as a condition of release
993	993	that a child attend psychological counseling under Subsection (a),
994	994	the department may, before the date the period of release ends,
995	995	petition the appropriate court to request the court to extend the
996	996	period of release for an additional period necessary to complete
997	997	the required counseling as determined by the treatment provider,
998	998	except that the release period may not be extended to a date after
999	999	the date of the child's 19th [18th] birthday.
1000	1000	SECTION 4.41. Sections 245.151(d) and (e), Human Resources
1001	1001	Code, are amended to read as follows:
1002	1002	(d) Except as provided by Subsection (e), the department
1003	1003	shall discharge from its custody a person not already discharged on
1004	1004	the person's 20th [19th] birthday.
1005	1005	(e) The department shall transfer a person who has been
1006	1006	sentenced under a determinate sentence to commitment under Section
1007	1007	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1008	1008	returned to the department under Section 54.11(i)(1), Family Code,
1009	1009	to the custody of the Texas Department of Criminal Justice on the
1010	1010	person's 20th [19th] birthday, if the person has not already been
1011	1011	discharged or transferred, to serve the remainder of the person's
1012	1012	sentence on parole as provided by Section 508.156, Government Code.
1013	1013	SECTION 4.42. (a) Except as provided by Subsection (b) of
1014	1014	this section, the changes in law made by this article apply only to
1015	1015	procedures relating to conduct that occurs on or after September 1,
1016	1016	2021. Procedures relating to conduct that occurred before
1017	1017	September 1, 2021, are governed by the law in effect on the date the
1018	1018	conduct occurred, and the former law is continued in effect for that
1019	1019	purpose.
1020	1020	(b) The change in law made by this article to Section
1021	1021	58.0052, Family Code, applies to the sharing of information on or
1022	1022	after September 1, 2021, without regard to whether the information
1023	1023	was compiled before, on, or after that date.
1024	1024	(c) For purposes of this section, conduct occurred before
1025	1025	September 1, 2021, if any element of the conduct occurred before
1026	1026	that date.
1027	1027	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1028	1028	RESPONSIBILITY
1029	1029	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1030	1030	is amended to read as follows:
1031	1031	(5) "Confidential criminal record information of a
1032	1032	child" means information about a person's involvement in the
1033	1033	criminal justice system resulting from conduct that occurred or was
1034	1034	alleged to occur when the person was younger than 18 [17] years of
1035	1035	age that is confidential under Chapter 45, Code of Criminal
1036	1036	Procedure, or other law. The term does not include:
1037	1037	(A) criminal record information of a person
1038	1038	certified to stand trial as an adult for that conduct, as provided
1039	1039	by Section 54.02, Family Code; or
1040	1040	(B) information relating to a traffic offense.
1041	1041	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1042	1042	read as follows:
1043	1043	(b) If a child fails to obey an order issued by a truancy
1044	1044	court under Section 65.103(a) or a child is in direct contempt of
1045	1045	court and the child has failed to obey an order or has been found in
1046	1046	direct contempt of court on two or more previous occasions, the
1047	1047	truancy court, after providing notice and an opportunity for a
1048	1048	hearing, may refer the child to the juvenile probation department
1049	1049	as a request for truancy intervention, unless the child failed to
1050	1050	obey the truancy court order or was in direct contempt of court
1051	1051	while 18 [17] years of age or older.
1052	1052	SECTION 5.03. Section 79.001(10), Government Code, is
1053	1053	amended to read as follows:
1054	1054	(10) "Juvenile offense" means conduct committed by a
1055	1055	person while younger than 18 [17] years of age that constitutes:
1056	1056	(A) a misdemeanor punishable by confinement; or
1057	1057	(B) a felony.
1058	1058	SECTION 5.04. Section 511.009(a), Government Code, is
1059	1059	amended to read as follows:
1060	1060	(a) The commission shall:
1061	1061	(1) adopt reasonable rules and procedures
1062	1062	establishing minimum standards for the construction, equipment,
1063	1063	maintenance, and operation of county jails;
1064	1064	(2) adopt reasonable rules and procedures
1065	1065	establishing minimum standards for the custody, care, and treatment
1066	1066	of prisoners;
1067	1067	(3) adopt reasonable rules establishing minimum
1068	1068	standards for the number of jail supervisory personnel and for
1069	1069	programs and services to meet the needs of prisoners;
1070	1070	(4) adopt reasonable rules and procedures
1071	1071	establishing minimum requirements for programs of rehabilitation,
1072	1072	education, and recreation in county jails;
1073	1073	(5) revise, amend, or change rules and procedures if
1074	1074	necessary;
1075	1075	(6) provide to local government officials
1076	1076	consultation on and technical assistance for county jails;
1077	1077	(7) review and comment on plans for the construction
1078	1078	and major modification or renovation of county jails;
1079	1079	(8) require that the sheriff and commissioners of each
1080	1080	county submit to the commission, on a form prescribed by the
1081	1081	commission, an annual report on the conditions in each county jail
1082	1082	within their jurisdiction, including all information necessary to
1083	1083	determine compliance with state law, commission orders, and the
1084	1084	rules adopted under this chapter;
1085	1085	(9) review the reports submitted under Subdivision (8)
1086	1086	and require commission employees to inspect county jails regularly
1087	1087	to ensure compliance with state law, commission orders, and rules
1088	1088	and procedures adopted under this chapter;
1089	1089	(10) adopt a classification system to assist sheriffs
1090	1090	and judges in determining which defendants are low-risk and
1091	1091	consequently suitable participants in a county jail work release
1092	1092	program under Article 42.034, Code of Criminal Procedure;
1093	1093	(11) adopt rules relating to requirements for
1094	1094	segregation of classes of inmates and to capacities for county
1095	1095	jails;
1096	1096	(12) require that the chief jailer of each municipal
1097	1097	lockup submit to the commission, on a form prescribed by the
1098	1098	commission, an annual report of persons under 18 [17] years of age
1099	1099	securely detained in the lockup, including all information
1100	1100	necessary to determine compliance with state law concerning secure
1101	1101	confinement of children in municipal lockups;
1102	1102	(13) at least annually determine whether each county
1103	1103	jail is in compliance with the rules and procedures adopted under
1104	1104	this chapter;
1105	1105	(14) require that the sheriff and commissioners court
1106	1106	of each county submit to the commission, on a form prescribed by the
1107	1107	commission, an annual report of persons under 18 [17] years of age
1108	1108	securely detained in the county jail, including all information
1109	1109	necessary to determine compliance with state law concerning secure
1110	1110	confinement of children in county jails;
1111	1111	(15) schedule announced and unannounced inspections
1112	1112	of jails under the commission's jurisdiction using the risk
1113	1113	assessment plan established under Section 511.0085 to guide the
1114	1114	inspections process;
1115	1115	(16) adopt a policy for gathering and distributing to
1116	1116	jails under the commission's jurisdiction information regarding:
1117	1117	(A) common issues concerning jail
1118	1118	administration;
1119	1119	(B) examples of successful strategies for
1120	1120	maintaining compliance with state law and the rules, standards, and
1121	1121	procedures of the commission; and
1122	1122	(C) solutions to operational challenges for
1123	1123	jails;
1124	1124	(17) report to the Texas Correctional Office on
1125	1125	Offenders with Medical or Mental Impairments on a jail's compliance
1126	1126	with Article 16.22, Code of Criminal Procedure;
1127	1127	(18) adopt reasonable rules and procedures
1128	1128	establishing minimum requirements for a county jail to:
1129	1129	(A) determine if a prisoner is pregnant;
1130	1130	(B) ensure that the jail's health services plan
1131	1131	addresses medical care, including obstetrical and gynecological
1132	1132	care, mental health care, nutritional requirements, and any special
1133	1133	housing or work assignment needs for prisoners who are known or
1134	1134	determined to be pregnant; and
1135	1135	(C) identify when a pregnant prisoner is in labor
1136	1136	and provide appropriate care to the prisoner, including promptly
1137	1137	transporting the prisoner to a local hospital;
1138	1138	(19) provide guidelines to sheriffs regarding
1139	1139	contracts between a sheriff and another entity for the provision of
1140	1140	food services to or the operation of a commissary in a jail under
1141	1141	the commission's jurisdiction, including specific provisions
1142	1142	regarding conflicts of interest and avoiding the appearance of
1143	1143	impropriety;
1144	1144	(20) adopt reasonable rules and procedures
1145	1145	establishing minimum standards for prisoner visitation that
1146	1146	provide each prisoner at a county jail with a minimum of two
1147	1147	in-person, noncontact visitation periods per week of at least 20
1148	1148	minutes duration each;
1149	1149	(21) require the sheriff of each county to:
1150	1150	(A) investigate and verify the veteran status of
1151	1151	each prisoner by using data made available from the Veterans
1152	1152	Reentry Search Service (VRSS) operated by the United States
1153	1153	Department of Veterans Affairs or a similar service; and
1154	1154	(B) use the data described by Paragraph (A) to
1155	1155	assist prisoners who are veterans in applying for federal benefits
1156	1156	or compensation for which the prisoners may be eligible under a
1157	1157	program administered by the United States Department of Veterans
1158	1158	Affairs;
1159	1159	(22) adopt reasonable rules and procedures regarding
1160	1160	visitation of a prisoner at a county jail by a guardian, as defined
1161	1161	by Section 1002.012, Estates Code, that:
1162	1162	(A) allow visitation by a guardian to the same
1163	1163	extent as the prisoner's next of kin, including placing the
1164	1164	guardian on the prisoner's approved visitors list on the guardian's
1165	1165	request and providing the guardian access to the prisoner during a
1166	1166	facility's standard visitation hours if the prisoner is otherwise
1167	1167	eligible to receive visitors; and
1168	1168	(B) require the guardian to provide the sheriff
1169	1169	with letters of guardianship issued as provided by Section
1170	1170	1106.001, Estates Code, before being allowed to visit the prisoner;
1171	1171	(23) adopt reasonable rules and procedures to ensure
1172	1172	the safety of prisoners, including rules and procedures that
1173	1173	require a county jail to:
1174	1174	(A) give prisoners the ability to access a mental
1175	1175	health professional at the jail or through a telemental health
1176	1176	service 24 hours a day or, if a mental health professional is not at
1177	1177	the county jail at the time, then require the jail to use all
1178	1178	reasonable efforts to arrange for the inmate to have access to a
1179	1179	mental health professional within a reasonable time;
1180	1180	(B) give prisoners the ability to access a health
1181	1181	professional at the jail or through a telehealth service 24 hours a
1182	1182	day or, if a health professional is unavailable at the jail or
1183	1183	through a telehealth service, provide for a prisoner to be
1184	1184	transported to access a health professional; and
1185	1185	(C) if funding is available under Section
1186	1186	511.019, install automated electronic sensors or cameras to ensure
1187	1187	accurate and timely in-person checks of cells or groups of cells
1188	1188	confining at-risk individuals; and
1189	1189	(24) adopt reasonable rules and procedures
1190	1190	establishing minimum standards for the quantity and quality of
1191	1191	feminine hygiene products, including tampons in regular and large
1192	1192	sizes and menstrual pads with wings in regular and large sizes,
1193	1193	provided to a female prisoner.
1194	1194	SECTION 5.05. Section 351.903(a), Local Government Code, is
1195	1195	amended to read as follows:
1196	1196	(a) To provide for the public safety, the commissioners
1197	1197	court of a county by order may adopt a curfew to regulate the
1198	1198	movements or actions of persons under 18 [17] years of age during
1199	1199	the period beginning one-half hour after sunset and extending until
1200	1200	one-half hour before sunrise or during school hours, or both. The
1201	1201	order applies only to the unincorporated area of the county.
1202	1202	SECTION 5.06. Section 521.201, Transportation Code, is
1203	1203	amended to read as follows:
1204	1204	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1205	1205	department may not issue any license to a person who:
1206	1206	(1) is under 15 years of age;
1207	1207	(2) is under 18 years of age unless the person complies
1208	1208	with the requirements imposed by Section 521.204;
1209	1209	(3) is shown to be addicted to the use of alcohol, a
1210	1210	controlled substance, or another drug that renders a person
1211	1211	incapable of driving;
1212	1212	(4) holds a driver's license issued by this state or
1213	1213	another state or country that is revoked, canceled, or under
1214	1214	suspension;
1215	1215	(5) has been determined by a judgment of a court to be
1216	1216	totally incapacitated or incapacitated to act as the operator of a
1217	1217	motor vehicle unless the person has, by the date of the license
1218	1218	application, been:
1219	1219	(A) restored to capacity by judicial decree; or
1220	1220	(B) released from a hospital for the mentally
1221	1221	incapacitated on a certificate by the superintendent or
1222	1222	administrator of the hospital that the person has regained
1223	1223	capacity;
1224	1224	(6) the department determines to be afflicted with a
1225	1225	mental or physical disability or disease that prevents the person
1226	1226	from exercising reasonable and ordinary control over a motor
1227	1227	vehicle while operating the vehicle on a highway, except that a
1228	1228	person may not be refused a license because of a physical defect if
1229	1229	common experience shows that the defect does not incapacitate a
1230	1230	person from safely operating a motor vehicle;
1231	1231	(7) has been reported by a court under Section
1232	1232	521.3452 for failure to appear unless the court has filed an
1233	1233	additional report on final disposition of the case; or
1234	1234	(8) has been reported by a court for failure to appear
1235	1235	or default in payment of a fine for a misdemeanor that is not
1236	1236	covered under Subdivision (7) and that is punishable by a fine only,
1237	1237	including a misdemeanor under a municipal ordinance, committed by a
1238	1238	person who was under 18 [17] years of age at the time of the alleged
1239	1239	offense, unless the court has filed an additional report on final
1240	1240	disposition of the case.
1241	1241	SECTION 5.07. Section 65.251(b), Family Code, and Section
1242	1242	521.201, Transportation Code, as amended by this article, apply
1243	1243	only to an offense committed or conduct that occurred on or after
1244	1244	September 1, 2021. An offense committed or conduct that occurred
1245	1245	before September 1, 2021, is governed by the law in effect on the
1246	1246	date the offense was committed or the conduct occurred, and the
1247	1247	former law is continued in effect for that purpose. For purposes of
1248	1248	this section, an offense was committed or conduct occurred before
1249	1249	September 1, 2021, if any element of the offense or conduct occurred
1250	1250	before that date.
1251	1251	ARTICLE 6. MISCELLANEOUS JUVENILE JUSTICE REFORM
1252	1252	SECTION 6.01. Section 37.007(f), Education Code, is amended
1253	1253	to read as follows:
1254	1254	(f) A student who engages in conduct that contains the
1255	1255	elements of the offense of criminal mischief under Section 28.03,
1256	1256	Penal Code, may be expelled at the district's discretion if the
1257	1257	conduct is punishable as a felony under that section. [The student
1258	1258	shall be referred to the authorized officer of the juvenile court
1259	1259	regardless of whether the student is expelled.]
1260	1260	SECTION 6.02. Section 54.04(b), Family Code, is amended to
1261	1261	read as follows:
1262	1262	(b) At the disposition hearing, the juvenile court,
1263	1263	notwithstanding the Texas Rules of Evidence or Chapter 37, Code of
1264	1264	Criminal Procedure, may consider written reports from probation
1265	1265	officers, professional court employees, or professional
1266	1266	consultants in addition to the testimony of witnesses. If a risk
1267	1267	and needs assessment of the child has been conducted, the juvenile
1268	1268	court shall consider the assessment in disposition. On or before
1269	1269	the second day before the date of the disposition hearing, the court
1270	1270	shall provide the attorney for the child and the prosecuting
1271	1271	attorney with access to all written matter to be considered by the
1272	1272	court in disposition. The court may order counsel not to reveal
1273	1273	items to the child or the child's parent, guardian, or guardian ad
1274	1274	litem if such disclosure would materially harm the treatment and
1275	1275	rehabilitation of the child or would substantially decrease the
1276	1276	likelihood of receiving information from the same or similar
1277	1277	sources in the future.
1278	1278	SECTION 6.03. Section 54.05, Family Code, is amended by
1279	1279	adding Subsection (n) to read as follows:
1280	1280	(n) If a court finds after a hearing to modify disposition
1281	1281	that a child violated a condition of probation by engaging in
1282	1282	conduct that does not violate a penal law of this state, the court
1283	1283	may not modify the disposition by ordering the placement of the
1284	1284	child in a juvenile facility solely because of the violation unless
1285	1285	the conduct indicates that the child may be dangerous to the child's
1286	1286	self or may threaten the safety of the public.
1287	1287	SECTION 6.04. Subchapter A, Chapter 221, Human Resources
1288	1288	Code, is amended by adding Section 221.013 to read as follows:
1289	1289	Sec. 221.013. COMMUNITY REINVESTMENT FUND. (a) A county
1290	1290	shall establish a community reinvestment fund.
1291	1291	(b) The juvenile board or juvenile probation department of
1292	1292	the county shall partner with research-based service providers in
1293	1293	the community to use money in the community reinvestment fund to
1294	1294	provide services as an alternative to juvenile detention for youth
1295	1295	in the community, including by providing mentoring, behavioral and
1296	1296	mental health services, financial or housing assistance, job
1297	1297	training, educational services, and after-school activities.
1298	1298	(c) The community reinvestment fund may be funded by:
1299	1299	(1) surplus funds of the department;
1300	1300	(2) the county; or
1301	1301	(3) gifts, grants, and donations.
1302	1302	SECTION 6.05. The changes in law made by this article apply
1303	1303	only to an offense committed or conduct that occurs on or after
1304	1304	September 1, 2021. An offense committed or conduct that occurs
1305	1305	before September 1, 2021, is governed by the law in effect on the
1306	1306	date the offense was committed or the conduct occurred, and the
1307	1307	former law is continued in effect for that purpose. For purposes of
1308	1308	this section, an offense was committed or conduct occurred before
1309	1309	September 1, 2021, if any element of the offense or conduct occurred
1310	1310	before that date.
1311	1311	ARTICLE 7. EFFECTIVE DATE
1312	1312	SECTION 7.01. This Act takes effect September 1, 2021.