Texas 2021 - 87th Regular

Texas House Bill HB486 Compare Versions

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

Old	New	Differences
1	1	87R128 ADM-D
2	2	By: Wu H.B. No. 486
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age of criminal responsibility and to certain
8	8	substantive and procedural matters related to that age.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
11	11	SECTION 1.01. Section 51.02(2), Family Code, is amended to
12	12	read as follows:
13	13	(2) "Child" means a person who is:
14	14	(A) 10 [ten] years of age or older and under 18
15	15	[17] years of age; or
16	16	(B) 18 [seventeen] years of age or older and
17	17	under 20 [18] years of age who is:
18	18	(i) alleged or found to have engaged in
19	19	delinquent conduct or conduct indicating a need for supervision as
20	20	a result of acts committed before becoming 18 [17] years of age; and
21	21	(ii) under the jurisdiction of a juvenile
22	22	court.
23	23	SECTION 1.02. Section 8.07(b), Penal Code, is amended to
24	24	read as follows:
25	25	(b) Unless the juvenile court waives jurisdiction under
26	26	Section 54.02, Family Code, and certifies the individual for
27	27	criminal prosecution or the juvenile court has previously waived
28	28	jurisdiction under that section and certified the individual for
29	29	criminal prosecution, a person may not be prosecuted for or
30	30	convicted of any offense committed before reaching 18 [17] years of
31	31	age except an offense described by Subsections (a)(1)-(5).
32	32	SECTION 1.03. The changes in law made by this article apply
33	33	only to an offense committed or conduct that occurs on or after
34	34	September 1, 2021. An offense committed or conduct that occurred
35	35	before September 1, 2021, is governed by the law in effect on the
36	36	date the offense was committed or the conduct occurred, and the
37	37	former law is continued in effect for that purpose. For purposes of
38	38	this section, an offense was committed or conduct occurred before
39	39	September 1, 2021, if any element of the offense or conduct occurred
40	40	before that date.
41	41	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
42	42	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
43	43	read as follows:
44	44	(e) An offense under this section is one category lower than
45	45	the solicited offense, except that an offense under this section is
46	46	the same category as the solicited offense if it is shown on the
47	47	trial of the offense that the actor:
48	48	(1) was at the time of the offense 18 [17] years of age
49	49	or older and a member of a criminal street gang, as defined by
50	50	Section 71.01; and
51	51	(2) committed the offense with the intent to:
52	52	(A) further the criminal activities of the
53	53	criminal street gang; or
54	54	(B) avoid detection as a member of a criminal
55	55	street gang.
56	56	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
57	57	read as follows:
58	58	(b) A person commits an offense if:
59	59	(1) during a period that is 30 or more days in
60	60	duration, the person commits two or more acts of sexual abuse,
61	61	regardless of whether the acts of sexual abuse are committed
62	62	against one or more victims; and
63	63	(2) at the time of the commission of each of the acts
64	64	of sexual abuse, the actor is 18 [17] years of age or older and the
65	65	victim is a child younger than 14 years of age, regardless of
66	66	whether the actor knows the age of the victim at the time of the
67	67	offense.
68	68	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
69	69	read as follows:
70	70	(b) A person who is 18 [17] years of age or older commits an
71	71	offense if, with the intent to commit an offense listed in Article
72	72	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
73	73	over the Internet, by electronic mail or text message or other
74	74	electronic message service or system, or through a commercial
75	75	online service, intentionally:
76	76	(1) communicates in a sexually explicit manner with a
77	77	minor; or
78	78	(2) distributes sexually explicit material to a minor.
79	79	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
80	80	read as follows:
81	81	(c) Except as provided by Subsection (d), the punishment
82	82	prescribed for an offense described by Subsection (b) is increased
83	83	to the punishment prescribed for the next highest category of
84	84	offense if the actor is 18 [17] years of age or older and it is shown
85	85	beyond a reasonable doubt on the trial of the offense that the actor
86	86	committed the offense at a location that was:
87	87	(1) in, on, or within 1,000 feet of any:
88	88	(A) real property that is owned, rented, or
89	89	leased by a school or school board;
90	90	(B) premises owned, rented, or leased by an
91	91	institution of higher education;
92	92	(C) premises of a public or private youth center;
93	93	or
94	94	(D) playground;
95	95	(2) in, on, or within 300 feet of any:
96	96	(A) shopping mall;
97	97	(B) movie theater;
98	98	(C) premises of a public swimming pool; or
99	99	(D) premises of a video arcade facility; or
100	100	(3) on a school bus.
101	101	SECTION 2.05. Sections 545.424(b) and (b-1),
102	102	Transportation Code, are amended to read as follows:
103	103	(b) A person under 18 [17] years of age who holds a
104	104	restricted motorcycle license may not operate a motorcycle while
105	105	using a wireless communication device, except in case of emergency.
106	106	This subsection does not apply to a person licensed by the Federal
107	107	Communications Commission while operating a radio frequency device
108	108	other than a wireless communication device.
109	109	(b-1) A person under 18 [17] years of age who holds a
110	110	restricted motorcycle license, during the 12-month period
111	111	following the issuance of an original motorcycle license to the
112	112	person, may not operate a motorcycle after midnight and before 5
113	113	a.m. unless:
114	114	(1) the person is in sight of the person's parent or
115	115	guardian; or
116	116	(2) the operation of the vehicle is necessary for the
117	117	operator to attend or participate in employment or a school-related
118	118	activity or because of a medical emergency.
119	119	SECTION 2.06. Section 729.001(a), Transportation Code, is
120	120	amended to read as follows:
121	121	(a) A person who is younger than 18 [17] years of age commits
122	122	an offense if the person operates a motor vehicle on a public road
123	123	or highway, a street or alley in a municipality, or a public beach
124	124	in violation of any traffic law of this state, including:
125	125	(1) Chapter 502, other than Section [502.282 or]
126	126	502.412;
127	127	(2) Chapter 521, other than an offense under Section
128	128	521.457;
129	129	(3) Subtitle C, other than an offense punishable by
130	130	imprisonment or by confinement in jail under Section 550.021,
131	131	550.022, 550.024, or 550.025;
132	132	(4) Chapter 601;
133	133	(5) Chapter 621;
134	134	(6) Chapter 661; and
135	135	(7) Chapter 681.
136	136	SECTION 2.07. Section 729.002, Transportation Code, is
137	137	amended to read as follows:
138	138	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
139	139	LICENSE. (a) A person who is younger than 18 [17] years of age
140	140	commits an offense if the person operates a motor vehicle without a
141	141	driver's license authorizing the operation of a motor vehicle on a:
142	142	(1) public road or highway;
143	143	(2) street or alley in a municipality; or
144	144	(3) public beach as defined by Section 729.001.
145	145	(b) An offense under this section is punishable in the same
146	146	manner as if the person was 18 [17] years of age or older and
147	147	operated a motor vehicle without a license as described by
148	148	Subsection (a), except that an offense under this section is not
149	149	punishable by confinement or imprisonment.
150	150	SECTION 2.08. The changes in law made by this article apply
151	151	only to an offense committed on or after September 1, 2021. An
152	152	offense committed before September 1, 2021, is governed by the law
153	153	in effect on the date the offense was committed, and the former law
154	154	is continued in effect for that purpose. For purposes of this
155	155	section, an offense was committed before September 1, 2021, if any
156	156	element of the offense occurred before that date.
157	157	ARTICLE 3. CRIMINAL PROCEDURES
158	158	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
159	159	amended to read as follows:
160	160	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
161	161	ADULT. (a) Notwithstanding the order of a juvenile court to detain
162	162	a person under the age of 18 [17] who has been certified to stand
163	163	trial as an adult in a certified juvenile detention facility under
164	164	Section 54.02(h), Family Code, the judge of the criminal court
165	165	having jurisdiction over the person may order the person to be
166	166	transferred to an adult facility. A child who is transferred to an
167	167	adult facility must be detained under conditions meeting the
168	168	requirements of Section 51.12, Family Code.
169	169	(b) On the 18th [17th] birthday of a person described by
170	170	Subsection (a) who is detained in a certified juvenile detention
171	171	facility under Section 54.02(h), Family Code, the judge of the
172	172	criminal court having jurisdiction over the person shall order the
173	173	person to be transferred to an adult facility.
174	174	SECTION 3.02. Article 45.0215(a), Code of Criminal
175	175	Procedure, is amended to read as follows:
176	176	(a) This article applies to a defendant who has not had the
177	177	disabilities of minority removed and [has been:
178	178	[(1) charged with an offense other than an offense
179	179	under Section 43.261, Penal Code, if the defendant is younger than
180	180	17 years of age; or
181	181	[(2) charged with an offense under Section 43.261,
182	182	Penal Code, if the defendant] is younger than 18 years of age.
183	183	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
184	184	Procedure, are amended to read as follows:
185	185	(b) A person may apply to the court in which the person was
186	186	convicted to have the conviction expunged as provided by this
187	187	article on or after the person's 18th [17th] birthday if:
188	188	(1) the person was convicted of not more than one
189	189	offense described by Section 8.07(a)(4) or (5), Penal Code, while
190	190	the person was a child; or
191	191	(2) the person was convicted only once of an offense
192	192	under Section 43.261, Penal Code.
193	193	(h) Records of a person under 18 [17] years of age relating
194	194	to a complaint may be expunged under this article if:
195	195	(1) the complaint was dismissed under Article 45.051
196	196	or 45.052 or other law; or
197	197	(2) the person was acquitted of the offense.
198	198	SECTION 3.04. Article 45.045(b), Code of Criminal
199	199	Procedure, is amended to read as follows:
200	200	(b) A capias pro fine may not be issued for an individual
201	201	convicted for an offense committed before the individual's 18th
202	202	[17th] birthday unless:
203	203	(1) the individual is 18 [17] years of age or older;
204	204	(2) the court finds that the issuance of the capias pro
205	205	fine is justified after considering:
206	206	(A) the sophistication and maturity of the
207	207	individual;
208	208	(B) the criminal record and history of the
209	209	individual; and
210	210	(C) the reasonable likelihood of bringing about
211	211	the discharge of the judgment through the use of procedures and
212	212	services currently available to the court; and
213	213	(3) the court has proceeded under Article 45.050 to
214	214	compel the individual to discharge the judgment.
215	215	SECTION 3.05. Article 45.0492(a), Code of Criminal
216	216	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
217	217	Legislature, Regular Session, 2011, is amended to read as follows:
218	218	(a) This article applies only to a defendant younger than 18
219	219	[17] years of age who is assessed a fine or costs for a Class C
220	220	misdemeanor occurring in a building or on the grounds of the primary
221	221	or secondary school at which the defendant was enrolled at the time
222	222	of the offense.
223	223	SECTION 3.06. Article 45.0492(a), Code of Criminal
224	224	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
225	225	Legislature, Regular Session, 2011, is amended to read as follows:
226	226	(a) This article applies only to a defendant younger than 18
227	227	[17] years of age who is assessed a fine or costs for a Class C
228	228	misdemeanor.
229	229	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
230	230	Criminal Procedure, are amended to read as follows:
231	231	(d) A justice or municipal court may hold a person in
232	232	contempt and impose a remedy authorized by Subsection (c)(2) if:
233	233	(1) the person was convicted for an offense committed
234	234	before the person's 18th [17th] birthday;
235	235	(2) the person failed to obey the order while the
236	236	person was 18 [17] years of age or older; and
237	237	(3) the failure to obey occurred under circumstances
238	238	that constitute contempt of court.
239	239	(e) A justice or municipal court may hold a person in
240	240	contempt and impose a remedy authorized by Subsection (c)(2) if the
241	241	person, while younger than 18 [17] years of age, engaged in conduct
242	242	in contempt of an order issued by the justice or municipal court,
243	243	but contempt proceedings could not be held before the person's 18th
244	244	[17th] birthday.
245	245	(g) A justice or municipal court may not refer a child who
246	246	violates a court order while 18 [17] years of age or older to a
247	247	juvenile court for delinquency proceedings for contempt of court.
248	248	SECTION 3.08. Article 45.057(h), Code of Criminal
249	249	Procedure, is amended to read as follows:
250	250	(h) A child and parent required to appear before the court
251	251	have an obligation to provide the court in writing with the current
252	252	address and residence of the child. The obligation does not end
253	253	when the child reaches age 18 [17]. On or before the seventh day
254	254	after the date the child or parent changes residence, the child or
255	255	parent shall notify the court of the current address in the manner
256	256	directed by the court. A violation of this subsection may result in
257	257	arrest and is a Class C misdemeanor. The obligation to provide
258	258	notice terminates on discharge and satisfaction of the judgment or
259	259	final disposition not requiring a finding of guilt.
260	260	SECTION 3.09. Article 45.058(h), Code of Criminal
261	261	Procedure, is amended to read as follows:
262	262	(h) In this article, "child" means a person who is:
263	263	(1) at least 10 years of age and younger than 18 [17]
264	264	years of age; and
265	265	(2) charged with or convicted of an offense that a
266	266	justice or municipal court has jurisdiction of under Article 4.11
267	267	or 4.14.
268	268	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
269	269	Criminal Procedure, are amended to read as follows:
270	270	(a) Except as provided by Articles 45.058 and 45.059, an
271	271	individual may not be taken into secured custody for offenses
272	272	alleged to have occurred before the individual's 18th [17th]
273	273	birthday.
274	274	(b) On or after an individual's 18th [17th] birthday, if the
275	275	court has used all available procedures under this chapter to
276	276	secure the individual's appearance to answer allegations made
277	277	before the individual's 18th [17th] birthday, the court may issue a
278	278	notice of continuing obligation to appear by personal service or by
279	279	mail to the last known address and residence of the individual. The
280	280	notice must order the individual to appear at a designated time,
281	281	place, and date to answer the allegations detailed in the notice.
282	282	(e) A notice of continuing obligation to appear issued under
283	283	this article must contain the following statement provided in
284	284	boldfaced type or capital letters:
285	285	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
286	286	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
287	287	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
288	288	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
289	289	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
290	290	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
291	291	FOR YOUR ARREST."
292	292	SECTION 3.11. Article 62.001(6), Code of Criminal
293	293	Procedure, is amended to read as follows:
294	294	(6) "Sexually violent offense" means any of the
295	295	following offenses committed by a person 18 [17] years of age or
296	296	older:
297	297	(A) an offense under Section 21.02 (Continuous
298	298	sexual abuse of young child or children), 21.11(a)(1) (Indecency
299	299	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
300	300	sexual assault), Penal Code;
301	301	(B) an offense under Section 43.25 (Sexual
302	302	performance by a child), Penal Code;
303	303	(C) an offense under Section 20.04(a)(4)
304	304	(Aggravated kidnapping), Penal Code, if the defendant committed the
305	305	offense with intent to violate or abuse the victim sexually;
306	306	(D) an offense under Section 30.02 (Burglary),
307	307	Penal Code, if the offense is punishable under Subsection (d) of
308	308	that section and the defendant committed the offense with intent to
309	309	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
310	310	or
311	311	(E) an offense under the laws of another state,
312	312	federal law, the laws of a foreign country, or the Uniform Code of
313	313	Military Justice if the offense contains elements that are
314	314	substantially similar to the elements of an offense listed under
315	315	Paragraph (A), (B), (C), or (D).
316	316	SECTION 3.12. Article 62.351(a), Code of Criminal
317	317	Procedure, is amended to read as follows:
318	318	(a) During or after disposition of a case under Section
319	319	54.04, Family Code, for adjudication of an offense for which
320	320	registration is required under this chapter, the juvenile court on
321	321	motion of the respondent shall conduct a hearing to determine
322	322	whether the interests of the public require registration under this
323	323	chapter. The motion may be filed and the hearing held regardless of
324	324	whether the respondent is under 19 [18] years of age. Notice of the
325	325	motion and hearing shall be provided to the prosecuting attorney.
326	326	SECTION 3.13. Article 62.352(c), Code of Criminal
327	327	Procedure, is amended to read as follows:
328	328	(c) If the court enters an order described by Subsection
329	329	(b)(1), the court retains discretion and jurisdiction to require,
330	330	or exempt the respondent from, registration under this chapter at
331	331	any time during the treatment or on the successful or unsuccessful
332	332	completion of treatment, except that during the period of deferral,
333	333	registration may not be required. Following successful completion
334	334	of treatment, the respondent is exempted from registration under
335	335	this chapter unless a hearing under this subchapter is held on
336	336	motion of the prosecuting attorney, regardless of whether the
337	337	respondent is 19 [18] years of age or older, and the court
338	338	determines the interests of the public require registration. Not
339	339	later than the 10th day after the date of the respondent's
340	340	successful completion of treatment, the treatment provider shall
341	341	notify the juvenile court and prosecuting attorney of the
342	342	completion.
343	343	SECTION 3.14. Article 62.353(b), Code of Criminal
344	344	Procedure, is amended to read as follows:
345	345	(b) The person may file a motion under Subsection (a) in the
346	346	original juvenile case regardless of whether the person, at the
347	347	time of filing the motion, is 19 [18] years of age or older. Notice
348	348	of the motion shall be provided to the prosecuting attorney. A
349	349	hearing on the motion shall be provided as in other cases under this
350	350	subchapter.
351	351	SECTION 3.15. Section 37.085, Education Code, is amended to
352	352	read as follows:
353	353	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
354	354	MISDEMEANORS. Notwithstanding any other provision of law, a
355	355	warrant may not be issued for the arrest of a person for a Class C
356	356	misdemeanor under this code committed when the person was younger
357	357	than 18 [17] years of age.
358	358	SECTION 3.16. Section 153.0071(e-1), Family Code, is
359	359	amended to read as follows:
360	360	(e-1) Notwithstanding Subsections (d) and (e), a court may
361	361	decline to enter a judgment on a mediated settlement agreement if
362	362	the court finds:
363	363	(1) that:
364	364	(A) a party to the agreement was a victim of
365	365	family violence, and that circumstance impaired the party's ability
366	366	to make decisions; or
367	367	(B) the agreement would permit a person who is
368	368	subject to registration under Chapter 62, Code of Criminal
369	369	Procedure, on the basis of an offense committed by the person when
370	370	the person was 18 [17] years of age or older or who otherwise has a
371	371	history or pattern of past or present physical or sexual abuse
372	372	directed against any person to:
373	373	(i) reside in the same household as the
374	374	child; or
375	375	(ii) otherwise have unsupervised access to
376	376	the child; and
377	377	(2) that the agreement is not in the child's best
378	378	interest.
379	379	SECTION 3.17. Section 521.453(i), Transportation Code, is
380	380	amended to read as follows:
381	381	(i) If the person ordered to perform community service under
382	382	Subsection (h) is younger than 18 [17] years of age, the community
383	383	service shall be performed as if ordered by a juvenile court under
384	384	Section 54.044(a), Family Code, as a condition of probation under
385	385	Section 54.04(d), Family Code.
386	386	SECTION 3.18. (a) Except as provided by Subsection (b) of
387	387	this section, the changes in law made by this article apply only to
388	388	an offense committed on or after September 1, 2021. An offense
389	389	committed before September 1, 2021, is governed by the law in effect
390	390	on the date the offense was committed, and the former law is
391	391	continued in effect for that purpose.
392	392	(b) Articles 45.0216(b) and (h), Code of Criminal
393	393	Procedure, as amended by this article, apply only to the expunction
394	394	of certain records related to an offense committed on or after
395	395	September 1, 2021. The expunction of certain records related to an
396	396	offense committed before September 1, 2021, is governed by the law
397	397	in effect on the date the offense was committed, and the former law
398	398	is continued in effect for that purpose.
399	399	(c) For purposes of this section, an offense was committed
400	400	before September 1, 2021, if any element of the offense occurred
401	401	before that date.
402	402	ARTICLE 4. JUVENILE COURT PROCEDURES
403	403	SECTION 4.01. Section 51.041, Family Code, is amended to
404	404	read as follows:
405	405	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
406	406	retains jurisdiction over a person, without regard to the age of the
407	407	person, for conduct engaged in by the person before becoming 18 [17]
408	408	years of age if, as a result of an appeal by the person or the state
409	409	under Chapter 56 of an order of the court, the order is reversed or
410	410	modified and the case remanded to the court by the appellate court.
411	411	(b) If the respondent is at least 18 years of age when the
412	412	order of remand from the appellate court is received by the juvenile
413	413	court, the juvenile court shall proceed as provided by Sections
414	414	54.02(o)-(r) for the detention of a person at least 19 [18] years of
415	415	age in discretionary transfer proceedings. Pending retrial of the
416	416	adjudication or transfer proceeding, the juvenile court may:
417	417	(1) order the respondent released from custody;
418	418	(2) order the respondent detained in a juvenile
419	419	detention facility; or
420	420	(3) set bond and order the respondent detained in a
421	421	county adult facility if bond is not made.
422	422	SECTION 4.02. Section 51.0412, Family Code, is amended to
423	423	read as follows:
424	424	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
425	425	The court retains jurisdiction over a person, without regard to the
426	426	age of the person, who is a respondent in an adjudication
427	427	proceeding, a disposition proceeding, a proceeding to modify
428	428	disposition, a proceeding for waiver of jurisdiction and transfer
429	429	to criminal court under Section 54.02(a), or a motion for transfer
430	430	of determinate sentence probation to an appropriate district court
431	431	if:
432	432	(1) the petition or motion was filed while the
433	433	respondent was younger than 19 or 20 [18 or 19] years of age, as
434	434	applicable;
435	435	(2) the proceeding is not complete before the
436	436	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
437	437	and
438	438	(3) the court enters a finding in the proceeding that
439	439	the prosecuting attorney exercised due diligence in an attempt to
440	440	complete the proceeding before the respondent became 19 or 20 [18 or
441	441	19] years of age, as applicable.
442	442	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
443	443	amended to read as follows:
444	444	(f) A child detained in a building that contains a jail,
445	445	lockup, or other place of secure confinement, including an alcohol
446	446	or other drug treatment facility, shall be separated by sight and
447	447	sound from adults detained in the same building. Children and
448	448	adults are separated by sight and sound only if they are unable to
449	449	see each other and conversation between them is not possible. The
450	450	separation must extend to all areas of the facility, including
451	451	sally ports and passageways, and those areas used for admission,
452	452	counseling, sleeping, toileting, showering, dining, recreational,
453	453	educational, or vocational activities, and health care. The
454	454	separation may be accomplished through architectural design. A
455	455	person who has been transferred for prosecution in criminal court
456	456	under Section 54.02 and is under 18 [17] years of age is considered
457	457	a child for the purposes of this subsection.
458	458	(h) This section does not apply to a person:
459	459	(1) who has been transferred to criminal court for
460	460	prosecution under Section 54.02 and is at least 18 [17] years of
461	461	age; or
462	462	(2) who is at least 18 [17] years of age and who has
463	463	been taken into custody after having:
464	464	(A) escaped from a juvenile facility operated by
465	465	or under contract with the Texas Juvenile Justice Department; or
466	466	(B) violated a condition of release under
467	467	supervision of the department.
468	468	SECTION 4.04. Section 54.02(j), Family Code, is amended to
469	469	read as follows:
470	470	(j) The juvenile court may waive its exclusive original
471	471	jurisdiction and transfer a person to the appropriate district
472	472	court or criminal district court for criminal proceedings if:
473	473	(1) the person is 19 [18] years of age or older;
474	474	(2) the person was:
475	475	(A) 10 years of age or older and under 18 [17]
476	476	years of age at the time the person is alleged to have committed a
477	477	capital felony or an offense under Section 19.02, Penal Code;
478	478	(B) 14 years of age or older and under 18 [17]
479	479	years of age at the time the person is alleged to have committed an
480	480	aggravated controlled substance felony or a felony of the first
481	481	degree other than an offense under Section 19.02, Penal Code; or
482	482	(C) 15 years of age or older and under 18 [17]
483	483	years of age at the time the person is alleged to have committed a
484	484	felony of the second or third degree or a state jail felony;
485	485	(3) no adjudication concerning the alleged offense has
486	486	been made or no adjudication hearing concerning the offense has
487	487	been conducted;
488	488	(4) the juvenile court finds from a preponderance of
489	489	the evidence that:
490	490	(A) for a reason beyond the control of the state
491	491	it was not practicable to proceed in juvenile court before the 19th
492	492	[18th] birthday of the person; or
493	493	(B) after due diligence of the state it was not
494	494	practicable to proceed in juvenile court before the 19th [18th]
495	495	birthday of the person because:
496	496	(i) the state did not have probable cause to
497	497	proceed in juvenile court and new evidence has been found since the
498	498	19th [18th] birthday of the person;
499	499	(ii) the person could not be found; or
500	500	(iii) a previous transfer order was
501	501	reversed by an appellate court or set aside by a district court; and
502	502	(5) the juvenile court determines that there is
503	503	probable cause to believe that the child before the court committed
504	504	the offense alleged.
505	505	SECTION 4.05. Section 54.0326(b), Family Code, is amended
506	506	to read as follows:
507	507	(b) A juvenile court may defer adjudication proceedings
508	508	under Section 54.03 until the child's 19th [18th] birthday and
509	509	require a child to participate in a program established under
510	510	Section 152.0017, Human Resources Code, if the child:
511	511	(1) is alleged to have engaged in delinquent conduct
512	512	or conduct indicating a need for supervision and may be a victim of
513	513	conduct that constitutes an offense under Section 20A.02, Penal
514	514	Code; and
515	515	(2) presents to the court an oral or written request to
516	516	participate in the program.
517	517	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
518	518	are amended to read as follows:
519	519	(e) The Texas Juvenile Justice Department shall accept a
520	520	person properly committed to it by a juvenile court even though the
521	521	person may be 18 [17] years of age or older at the time of
522	522	commitment.
523	523	(l) Except as provided by Subsection (q), a court or jury
524	524	may place a child on probation under Subsection (d)(1) for any
525	525	period, except that probation may not continue on or after the
526	526	child's 19th [18th] birthday. Except as provided by Subsection
527	527	(q), the court may, before the period of probation ends, extend the
528	528	probation for any period, except that the probation may not extend
529	529	to or after the child's 19th [18th] birthday.
530	530	(q) If a court or jury sentences a child to commitment in the
531	531	Texas Juvenile Justice Department or a post-adjudication secure
532	532	correctional facility under Subsection (d)(3) for a term of not
533	533	more than 10 years, the court or jury may place the child on
534	534	probation under Subsection (d)(1) as an alternative to making the
535	535	disposition under Subsection (d)(3). The court shall prescribe the
536	536	period of probation ordered under this subsection for a term of not
537	537	more than 10 years. The court may, before the sentence of probation
538	538	expires, extend the probationary period under Section 54.05, except
539	539	that the sentence of probation and any extension may not exceed 10
540	540	years. The court may, before the child's 20th [19th] birthday,
541	541	discharge the child from the sentence of probation. If a sentence
542	542	of probation ordered under this subsection and any extension of
543	543	probation ordered under Section 54.05 will continue after the
544	544	child's 20th [19th] birthday, the court shall discharge the child
545	545	from the sentence of probation on the child's 20th [19th] birthday
546	546	unless the court transfers the child to an appropriate district
547	547	court under Section 54.051.
548	548	SECTION 4.07. Section 54.0405(i), Family Code, is amended
549	549	to read as follows:
550	550	(i) A court that requires as a condition of probation that a
551	551	child attend psychological counseling under Subsection (a) may,
552	552	before the date the probation period ends, extend the probation for
553	553	any additional period necessary to complete the required counseling
554	554	as determined by the treatment provider, except that the probation
555	555	may not be extended to a date after the date of the child's 19th
556	556	[18th] birthday, or 20th [19th] birthday if the child is placed on
557	557	determinate sentence probation under Section 54.04(q).
558	558	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
559	559	amended to read as follows:
560	560	(b) If a child is found to have engaged in delinquent
561	561	conduct or conduct indicating a need for supervision arising from
562	562	the commission of an offense in which property damage or loss or
563	563	personal injury occurred, the juvenile court, on notice to all
564	564	persons affected and on hearing, may order the child or a parent to
565	565	make full or partial restitution to the victim of the offense. The
566	566	program of restitution must promote the rehabilitation of the
567	567	child, be appropriate to the age and physical, emotional, and
568	568	mental abilities of the child, and not conflict with the child's
569	569	schooling. When practicable and subject to court supervision, the
570	570	court may approve a restitution program based on a settlement
571	571	between the child and the victim of the offense. An order under
572	572	this subsection may provide for periodic payments by the child or a
573	573	parent of the child for the period specified in the order but except
574	574	as provided by Subsection (h), that period may not extend past the
575	575	date of the 19th [18th] birthday of the child or past the date the
576	576	child is no longer enrolled in an accredited secondary school in a
577	577	program leading toward a high school diploma, whichever date is
578	578	later.
579	579	(h) If the juvenile court places the child on probation in a
580	580	determinate sentence proceeding initiated under Section 53.045 and
581	581	transfers supervision on the child's 20th [19th] birthday to a
582	582	district court for placement on community supervision, the district
583	583	court shall require the payment of any unpaid restitution as a
584	584	condition of the community supervision. The liability of the
585	585	child's parent for restitution may not be extended by transfer to a
586	586	district court for supervision.
587	587	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
588	588	amended to read as follows:
589	589	(a) Any [Except as provided by Subsection (a-1), any]
590	590	disposition, except a commitment to the Texas Juvenile Justice
591	591	Department, may be modified by the juvenile court as provided in
592	592	this section until:
593	593	(1) the child reaches:
594	594	(A) the child's 19th [18th] birthday; or
595	595	(B) the child's 20th [19th] birthday, if the
596	596	child was placed on determinate sentence probation under Section
597	597	54.04(q); or
598	598	(2) the child is earlier discharged by the court or
599	599	operation of law.
600	600	(b) Except for a commitment to the Texas Juvenile Justice
601	601	Department or to a post-adjudication secure correctional facility
602	602	under former Section 54.04011 or a placement on determinate
603	603	sentence probation under Section 54.04(q), all dispositions
604	604	automatically terminate when the child reaches the child's 19th
605	605	[18th] birthday.
606	606	SECTION 4.10. Section 54.051, Family Code, is amended by
607	607	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
608	608	Subsection (j) to read as follows:
609	609	(a) On motion of the state concerning a child who is placed
610	610	on probation under Section 54.04(q) for a period, including any
611	611	extension ordered under Section 54.05, that will continue after the
612	612	child's applicable [19th] birthday, the juvenile court shall hold a
613	613	hearing to determine whether to transfer the child to an
614	614	appropriate district court or discharge the child from the sentence
615	615	of probation.
616	616	(b) The hearing must be conducted before the person's
617	617	applicable [19th] birthday[, or before the person's 18th birthday
618	618	if the offense for which the person was placed on probation occurred
619	619	before September 1, 2011,] and must be conducted in the same manner
620	620	as a hearing to modify disposition under Section 54.05.
621	621	(c) If, after a hearing, the court determines to discharge
622	622	the child, the court shall specify a date on or before the child's
623	623	applicable [19th] birthday to discharge the child from the
624	624	sentence of probation.
625	625	(d) If, after a hearing, the court determines to transfer
626	626	the child, the court shall transfer the child to an appropriate
627	627	district court on the child's applicable [19th] birthday.
628	628	(e-2) If a person who is placed on community supervision
629	629	under this section violates a condition of that supervision or if
630	630	the person violated a condition of probation ordered under Section
631	631	54.04(q) and that probation violation was not discovered by the
632	632	state before the person's 20th [19th] birthday, the district court
633	633	shall dispose of the violation of community supervision or
634	634	probation, as appropriate, in the same manner as if the court had
635	635	originally exercised jurisdiction over the case. If the judge
636	636	revokes community supervision, the judge may reduce the prison
637	637	sentence to any length without regard to the minimum term imposed by
638	638	Article 42A.755(a), Code of Criminal Procedure.
639	639	(i) If the juvenile court exercises jurisdiction over a
640	640	person on or after the person's [who is 18 or 19 years of age or
641	641	older, as] applicable birthday, under Section 51.041 or 51.0412,
642	642	the court or jury may, if the person is otherwise eligible, place
643	643	the person on probation under Section 54.04(q). The juvenile court
644	644	shall set the conditions of probation and immediately transfer
645	645	supervision of the person to the appropriate court exercising
646	646	criminal jurisdiction under Subsection (e).
647	647	(j) In this section, "applicable birthday" means the
648	648	person's:
649	649	(1) 18th birthday, if the conduct for which the person
650	650	was placed on probation occurred before September 1, 2011;
651	651	(2) 19th birthday, if the conduct for which the person
652	652	was placed on probation occurred on or after September 1, 2011, but
653	653	before September 1, 2021; or
654	654	(3) 20th birthday, if the conduct for which the person
655	655	was placed on probation occurred on or after September 1, 2021.
656	656	SECTION 4.11. Section 54.11(l), Family Code, is amended to
657	657	read as follows:
658	658	(l) Pending the conclusion of a transfer hearing, the
659	659	juvenile court shall order that the person who is referred for
660	660	transfer be detained in a certified juvenile detention facility as
661	661	provided by Subsection (m). If the person is at least 18 [17] years
662	662	of age, the juvenile court may order that the person be detained
663	663	without bond in an appropriate county facility for the detention of
664	664	adults accused of criminal offenses.
665	665	SECTION 4.12. Section 55.15, Family Code, is amended to
666	666	read as follows:
667	667	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
668	668	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
669	669	which the child's case is referred under Section 55.12(2) orders
670	670	mental health services for the child, the child shall be cared for,
671	671	treated, and released in conformity to Subtitle C, Title 7, Health
672	672	and Safety Code, except:
673	673	(1) a court order for mental health services for a
674	674	child automatically expires on the 120th day after the date the
675	675	child becomes 19 [18] years of age; and
676	676	(2) the administrator of a mental health facility
677	677	shall notify, in writing, by certified mail, return receipt
678	678	requested, the juvenile court that ordered mental health services
679	679	or the juvenile court that referred the case to a court that ordered
680	680	the mental health services of the intent to discharge the child at
681	681	least 10 days prior to discharge.
682	682	SECTION 4.13. Section 55.18, Family Code, is amended to
683	683	read as follows:
684	684	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
685	685	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
686	686	mental health facility before reaching 19 [18] years of age, the
687	687	juvenile court may:
688	688	(1) dismiss the juvenile court proceedings with
689	689	prejudice; or
690	690	(2) continue with proceedings under this title as
691	691	though no order of mental health services had been made.
692	692	SECTION 4.14. The heading to Section 55.19, Family Code, is
693	693	amended to read as follows:
694	694	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
695	695	BIRTHDAY.
696	696	SECTION 4.15. Section 55.19(a), Family Code, is amended to
697	697	read as follows:
698	698	(a) The juvenile court shall transfer all pending
699	699	proceedings from the juvenile court to a criminal court on the 19th
700	700	[18th] birthday of a child for whom the juvenile court or a court to
701	701	which the child's case is referred under Section 55.12(2) has
702	702	ordered inpatient mental health services if:
703	703	(1) the child is not discharged or furloughed from the
704	704	inpatient mental health facility before reaching 19 [18] years of
705	705	age; and
706	706	(2) the child is alleged to have engaged in delinquent
707	707	conduct that included a violation of a penal law listed in Section
708	708	53.045 and no adjudication concerning the alleged conduct has been
709	709	made.
710	710	SECTION 4.16. Section 55.43(a), Family Code, is amended to
711	711	read as follows:
712	712	(a) The prosecuting attorney may file with the juvenile
713	713	court a motion for a restoration hearing concerning a child if:
714	714	(1) the child is found unfit to proceed as a result of
715	715	mental illness or an intellectual disability; and
716	716	(2) the child:
717	717	(A) is not:
718	718	(i) ordered by a court to receive inpatient
719	719	mental health services;
720	720	(ii) committed by a court to a residential
721	721	care facility; or
722	722	(iii) ordered by a court to receive
723	723	treatment on an outpatient basis; or
724	724	(B) is discharged or currently on furlough from a
725	725	mental health facility or outpatient center before the child
726	726	reaches 19 [18] years of age.
727	727	SECTION 4.17. The heading to Section 55.44, Family Code, is
728	728	amended to read as follows:
729	729	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
730	730	BIRTHDAY OF CHILD.
731	731	SECTION 4.18. Section 55.44(a), Family Code, is amended to
732	732	read as follows:
733	733	(a) The juvenile court shall transfer all pending
734	734	proceedings from the juvenile court to a criminal court on the 19th
735	735	[18th] birthday of a child for whom the juvenile court or a court to
736	736	which the child's case is referred has ordered inpatient mental
737	737	health services or residential care for persons with an
738	738	intellectual disability if:
739	739	(1) the child is not discharged or currently on
740	740	furlough from the facility before reaching 19 [18] years of age; and
741	741	(2) the child is alleged to have engaged in delinquent
742	742	conduct that included a violation of a penal law listed in Section
743	743	53.045 and no adjudication concerning the alleged conduct has been
744	744	made.
745	745	SECTION 4.19. Section 58.0052(a)(3), Family Code, is
746	746	amended to read as follows:
747	747	(3) "Multi-system youth" means a person who:
748	748	(A) is younger than 20 [19] years of age; and
749	749	(B) has received services from two or more
750	750	juvenile service providers.
751	751	SECTION 4.20. Section 58.253(b), Family Code, is amended to
752	752	read as follows:
753	753	(b) A person who was referred to a juvenile probation
754	754	department for delinquent conduct is entitled to have all records
755	755	related to the person's juvenile matters, including records
756	756	relating to any matters involving conduct indicating a need for
757	757	supervision, sealed without applying to the juvenile court if the
758	758	person:
759	759	(1) is at least 20 [19] years of age;
760	760	(2) has not been adjudicated as having engaged in
761	761	delinquent conduct or, if adjudicated for delinquent conduct, was
762	762	not adjudicated for delinquent conduct violating a penal law of the
763	763	grade of felony;
764	764	(3) does not have any pending delinquent conduct
765	765	matters;
766	766	(4) has not been transferred by a juvenile court to a
767	767	criminal court for prosecution under Section 54.02;
768	768	(5) has not as an adult been convicted of a felony or a
769	769	misdemeanor punishable by confinement in jail; and
770	770	(6) does not have any pending charges as an adult for a
771	771	felony or a misdemeanor punishable by confinement in jail.
772	772	SECTION 4.21. Section 58.255(a), Family Code, is amended to
773	773	read as follows:
774	774	(a) A person who was referred to a juvenile court for
775	775	conduct indicating a need for supervision is entitled to have all
776	776	records related to all conduct indicating a need for supervision
777	777	matters sealed without applying to the juvenile court if the
778	778	person:
779	779	(1) has records relating to the conduct filed with the
780	780	court clerk;
781	781	(2) is at least 19 [18] years of age;
782	782	(3) has not been referred to the juvenile probation
783	783	department for delinquent conduct;
784	784	(4) has not as an adult been convicted of a felony; and
785	785	(5) does not have any pending charges as an adult for a
786	786	felony or a misdemeanor punishable by confinement in jail.
787	787	SECTION 4.22. Section 58.256(c), Family Code, is amended to
788	788	read as follows:
789	789	(c) Except as provided by Subsection (d), the juvenile court
790	790	may order the sealing of records related to all matters for which
791	791	the person was referred to the juvenile probation department if the
792	792	person:
793	793	(1) is at least 18 [17] years of age, or is younger
794	794	than 18 [17] years of age and at least one year has elapsed after the
795	795	date of final discharge in each matter for which the person was
796	796	referred to the juvenile probation department;
797	797	(2) does not have any delinquent conduct matters
798	798	pending with any juvenile probation department or juvenile court;
799	799	(3) was not transferred by a juvenile court to a
800	800	criminal court for prosecution under Section 54.02;
801	801	(4) has not as an adult been convicted of a felony; and
802	802	(5) does not have any pending charges as an adult for a
803	803	felony or a misdemeanor punishable by confinement in jail.
804	804	SECTION 4.23. Section 58.264(b), Family Code, is amended to
805	805	read as follows:
806	806	(b) The records related to a person referred to a juvenile
807	807	probation department may be destroyed if the person:
808	808	(1) is at least 19 [18] years of age, and:
809	809	(A) the most serious conduct for which the person
810	810	was referred was conduct indicating a need for supervision, whether
811	811	or not the person was adjudicated; or
812	812	(B) the referral or information did not relate to
813	813	conduct indicating a need for supervision or delinquent conduct and
814	814	the juvenile probation department, prosecutor, or juvenile court
815	815	did not take action on the referral or information for that reason;
816	816	(2) is at least 21 years of age, and:
817	817	(A) the most serious conduct for which the person
818	818	was adjudicated was delinquent conduct that violated a penal law of
819	819	the grade of misdemeanor; or
820	820	(B) the most serious conduct for which the person
821	821	was referred was delinquent conduct and the person was not
822	822	adjudicated as having engaged in the conduct; or
823	823	(3) is at least 31 years of age and the most serious
824	824	conduct for which the person was adjudicated was delinquent conduct
825	825	that violated a penal law of the grade of felony.
826	826	SECTION 4.24. Section 59.005(b), Family Code, is amended to
827	827	read as follows:
828	828	(b) The juvenile court or the probation department shall
829	829	discharge the child from the custody of the probation department on
830	830	the date the provisions of this section are met or on the child's
831	831	19th [18th] birthday, whichever is earlier.
832	832	SECTION 4.25. Section 59.006(b), Family Code, is amended to
833	833	read as follows:
834	834	(b) The juvenile court shall discharge the child from the
835	835	custody of the probation department on the date the provisions of
836	836	this section are met or on the child's 19th [18th] birthday,
837	837	whichever is earlier.
838	838	SECTION 4.26. Section 59.007(b), Family Code, is amended to
839	839	read as follows:
840	840	(b) The juvenile court shall discharge the child from the
841	841	custody of the probation department on the date the provisions of
842	842	this section are met or on the child's 19th [18th] birthday,
843	843	whichever is earlier.
844	844	SECTION 4.27. Section 59.008(b), Family Code, is amended to
845	845	read as follows:
846	846	(b) The juvenile court shall discharge the child from the
847	847	custody of the probation department on the date the provisions of
848	848	this section are met or on the child's 19th [18th] birthday,
849	849	whichever is earlier.
850	850	SECTION 4.28. Section 59.009(c), Family Code, is amended to
851	851	read as follows:
852	852	(c) The Texas Juvenile Justice Department, juvenile board,
853	853	or local juvenile probation department may discharge the child from
854	854	the custody of the department, board, or probation department, as
855	855	applicable, on the date the provisions of this section are met or on
856	856	the child's 20th [19th] birthday, whichever is earlier.
857	857	SECTION 4.29. Section 61.051(c), Family Code, is amended to
858	858	read as follows:
859	859	(c) The juvenile court retains jurisdiction to enter a
860	860	contempt order if the motion for enforcement is filed not later than
861	861	six months after the child's 19th [18th] birthday.
862	862	SECTION 4.30. Section 614.019(b), Health and Safety Code,
863	863	is amended to read as follows:
864	864	(b) A child with mental illness who is receiving continuity
865	865	of care services during parole from the Texas Juvenile Justice
866	866	Department and who is no longer eligible to receive services from a
867	867	local mental health authority when the child becomes 18 [17] years
868	868	of age because the child does not meet the requirements of a local
869	869	service area plan under Section 533.0352(a) may continue to receive
870	870	continuity of care services from the office until the child
871	871	completes the child's parole.
872	872	SECTION 4.31. Section 63.001(1), Human Resources Code, is
873	873	amended to read as follows:
874	874	(1) "Juvenile" means a person from the age of 10 to 19
875	875	[18] years who:
876	876	(A) has been found to have engaged in delinquent
877	877	conduct by a juvenile court; and
878	878	(B) is under the jurisdiction of the juvenile
879	879	court [of competent jurisdiction].
880	880	SECTION 4.32. Section 152.0015, Human Resources Code, is
881	881	amended to read as follows:
882	882	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
883	883	JUVENILES. A juvenile board shall establish a policy that
884	884	specifies whether a person who has been transferred for criminal
885	885	prosecution under Section 54.02, Family Code, and is younger than
886	886	18 [17] years of age may be detained in a juvenile facility pending
887	887	trial as provided by Section 51.12, Family Code.
888	888	SECTION 4.33. Section 201.001(a)(2), Human Resources Code,
889	889	is amended to read as follows:
890	890	(2) "Child" means an individual[:
891	891	[(A)] 10 years of age or older and younger than 20
892	892	[18] years of age who is under the jurisdiction of a juvenile
893	893	court[; or
894	894	[(B) 10 years of age or older and younger than 19
895	895	years of age who is committed to the department under Title 3,
896	896	Family Code].
897	897	SECTION 4.34. Section 243.001(a), Human Resources Code, is
898	898	amended to read as follows:
899	899	(a) The department may not assign a child younger than 16
900	900	[15] years of age to the same correctional facility dormitory as a
901	901	person who is at least 18 [17] years of age unless the department
902	902	determines that the placement is necessary to ensure the safety of
903	903	children in the custody of the department. This subsection does not
904	904	apply to a dormitory that is used exclusively for short-term
905	905	assessment and orientation purposes.
906	906	SECTION 4.35. Section 243.051(b), Human Resources Code, is
907	907	amended to read as follows:
908	908	(b) A child who is arrested or taken into custody under
909	909	Subsection (a) may be detained in any suitable place, including an
910	910	adult jail facility if the person is 18 [17] years of age or older,
911	911	until the child is returned to the custody of the department or
912	912	transported to a department facility.
913	913	SECTION 4.36. Section 244.014(a), Human Resources Code, is
914	914	amended to read as follows:
915	915	(a) After a child sentenced to commitment under Section
916	916	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
917	917	years of age but before the child becomes 20 [19] years of age, the
918	918	department may refer the child to the juvenile court that entered
919	919	the order of commitment for approval of the child's transfer to the
920	920	Texas Department of Criminal Justice for confinement if:
921	921	(1) the child has not completed the sentence; and
922	922	(2) the child's conduct, regardless of whether the
923	923	child was released under supervision under Section 245.051,
924	924	indicates that the welfare of the community requires the transfer.
925	925	SECTION 4.37. Section 244.015, Human Resources Code, is
926	926	amended to read as follows:
927	927	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
928	928	DETERMINATE SENTENCES. (a) When a child who is sentenced to
929	929	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
930	930	Family Code, becomes 19 [18] years of age, the department shall
931	931	evaluate whether the child is in need of additional services that
932	932	can be completed in the six-month period after the child's 19th
933	933	[18th] birthday to prepare the child for release from the custody of
934	934	the department or transfer to the Texas Department of Criminal
935	935	Justice.
936	936	(b) This section does not apply to a child who is released
937	937	from the custody of the department or who is transferred to the
938	938	Texas Department of Criminal Justice before the child's 19th [18th]
939	939	birthday.
940	940	SECTION 4.38. Section 245.053(i), Human Resources Code, is
941	941	amended to read as follows:
942	942	(i) If the department requires as a condition of release
943	943	that a child attend psychological counseling under Subsection (a),
944	944	the department may, before the date the period of release ends,
945	945	petition the appropriate court to request the court to extend the
946	946	period of release for an additional period necessary to complete
947	947	the required counseling as determined by the treatment provider,
948	948	except that the release period may not be extended to a date after
949	949	the date of the child's 19th [18th] birthday.
950	950	SECTION 4.39. Sections 245.151(d) and (e), Human Resources
951	951	Code, are amended to read as follows:
952	952	(d) Except as provided by Subsection (e), the department
953	953	shall discharge from its custody a person not already discharged on
954	954	the person's 20th [19th] birthday.
955	955	(e) The department shall transfer a person who has been
956	956	sentenced under a determinate sentence to commitment under Section
957	957	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
958	958	returned to the department under Section 54.11(i)(1), Family Code,
959	959	to the custody of the Texas Department of Criminal Justice on the
960	960	person's 20th [19th] birthday, if the person has not already been
961	961	discharged or transferred, to serve the remainder of the person's
962	962	sentence on parole as provided by Section 508.156, Government Code.
963	963	SECTION 4.40. (a) Except as provided by Subsection (b) of
964	964	this section, the changes in law made by this article apply only to
965	965	procedures relating to conduct that occurs on or after September 1,
966	966	2021. Procedures relating to conduct that occurred before
967	967	September 1, 2021, are governed by the law in effect on the date the
968	968	conduct occurred, and the former law is continued in effect for that
969	969	purpose.
970	970	(b) The change in law made by this article to Section
971	971	58.0052, Family Code, applies to the sharing of information on or
972	972	after September 1, 2021, without regard to whether the information
973	973	was compiled before, on, or after that date.
974	974	(c) For purposes of this section, conduct occurred before
975	975	September 1, 2021, if any element of the conduct occurred before
976	976	that date.
977	977	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
978	978	RESPONSIBILITY
979	979	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
980	980	is amended to read as follows:
981	981	(5) "Confidential criminal record information of a
982	982	child" means information about a person's involvement in the
983	983	criminal justice system resulting from conduct that occurred or was
984	984	alleged to occur when the person was younger than 18 [17] years of
985	985	age that is confidential under Chapter 45, Code of Criminal
986	986	Procedure, or other law. The term does not include:
987	987	(A) criminal record information of a person
988	988	certified to stand trial as an adult for that conduct, as provided
989	989	by Section 54.02, Family Code; or
990	990	(B) information relating to a traffic offense.
991	991	SECTION 5.02. Section 65.251(b), Family Code, is amended to
992	992	read as follows:
993	993	(b) If a child fails to obey an order issued by a truancy
994	994	court under Section 65.103(a) or a child is in direct contempt of
995	995	court and the child has failed to obey an order or has been found in
996	996	direct contempt of court on two or more previous occasions, the
997	997	truancy court, after providing notice and an opportunity for a
998	998	hearing, may refer the child to the juvenile probation department
999	999	as a request for truancy intervention, unless the child failed to
1000	1000	obey the truancy court order or was in direct contempt of court
1001	1001	while 18 [17] years of age or older.
1002	1002	SECTION 5.03. Section 79.001(10), Government Code, is
1003	1003	amended to read as follows:
1004	1004	(10) "Juvenile offense" means conduct committed by a
1005	1005	person while younger than 18 [17] years of age that constitutes:
1006	1006	(A) a misdemeanor punishable by confinement; or
1007	1007	(B) a felony.
1008	1008	SECTION 5.04. Section 511.009(a), Government Code, is
1009	1009	amended to read as follows:
1010	1010	(a) The commission shall:
1011	1011	(1) adopt reasonable rules and procedures
1012	1012	establishing minimum standards for the construction, equipment,
1013	1013	maintenance, and operation of county jails;
1014	1014	(2) adopt reasonable rules and procedures
1015	1015	establishing minimum standards for the custody, care, and treatment
1016	1016	of prisoners;
1017	1017	(3) adopt reasonable rules establishing minimum
1018	1018	standards for the number of jail supervisory personnel and for
1019	1019	programs and services to meet the needs of prisoners;
1020	1020	(4) adopt reasonable rules and procedures
1021	1021	establishing minimum requirements for programs of rehabilitation,
1022	1022	education, and recreation in county jails;
1023	1023	(5) revise, amend, or change rules and procedures if
1024	1024	necessary;
1025	1025	(6) provide to local government officials
1026	1026	consultation on and technical assistance for county jails;
1027	1027	(7) review and comment on plans for the construction
1028	1028	and major modification or renovation of county jails;
1029	1029	(8) require that the sheriff and commissioners of each
1030	1030	county submit to the commission, on a form prescribed by the
1031	1031	commission, an annual report on the conditions in each county jail
1032	1032	within their jurisdiction, including all information necessary to
1033	1033	determine compliance with state law, commission orders, and the
1034	1034	rules adopted under this chapter;
1035	1035	(9) review the reports submitted under Subdivision (8)
1036	1036	and require commission employees to inspect county jails regularly
1037	1037	to ensure compliance with state law, commission orders, and rules
1038	1038	and procedures adopted under this chapter;
1039	1039	(10) adopt a classification system to assist sheriffs
1040	1040	and judges in determining which defendants are low-risk and
1041	1041	consequently suitable participants in a county jail work release
1042	1042	program under Article 42.034, Code of Criminal Procedure;
1043	1043	(11) adopt rules relating to requirements for
1044	1044	segregation of classes of inmates and to capacities for county
1045	1045	jails;
1046	1046	(12) require that the chief jailer of each municipal
1047	1047	lockup submit to the commission, on a form prescribed by the
1048	1048	commission, an annual report of persons under 18 [17] years of age
1049	1049	securely detained in the lockup, including all information
1050	1050	necessary to determine compliance with state law concerning secure
1051	1051	confinement of children in municipal lockups;
1052	1052	(13) at least annually determine whether each county
1053	1053	jail is in compliance with the rules and procedures adopted under
1054	1054	this chapter;
1055	1055	(14) require that the sheriff and commissioners court
1056	1056	of each county submit to the commission, on a form prescribed by the
1057	1057	commission, an annual report of persons under 18 [17] years of age
1058	1058	securely detained in the county jail, including all information
1059	1059	necessary to determine compliance with state law concerning secure
1060	1060	confinement of children in county jails;
1061	1061	(15) schedule announced and unannounced inspections
1062	1062	of jails under the commission's jurisdiction using the risk
1063	1063	assessment plan established under Section 511.0085 to guide the
1064	1064	inspections process;
1065	1065	(16) adopt a policy for gathering and distributing to
1066	1066	jails under the commission's jurisdiction information regarding:
1067	1067	(A) common issues concerning jail
1068	1068	administration;
1069	1069	(B) examples of successful strategies for
1070	1070	maintaining compliance with state law and the rules, standards, and
1071	1071	procedures of the commission; and
1072	1072	(C) solutions to operational challenges for
1073	1073	jails;
1074	1074	(17) report to the Texas Correctional Office on
1075	1075	Offenders with Medical or Mental Impairments on a jail's compliance
1076	1076	with Article 16.22, Code of Criminal Procedure;
1077	1077	(18) adopt reasonable rules and procedures
1078	1078	establishing minimum requirements for a county jail to:
1079	1079	(A) determine if a prisoner is pregnant;
1080	1080	(B) ensure that the jail's health services plan
1081	1081	addresses medical care, including obstetrical and gynecological
1082	1082	care, mental health care, nutritional requirements, and any special
1083	1083	housing or work assignment needs for prisoners who are known or
1084	1084	determined to be pregnant; and
1085	1085	(C) identify when a pregnant prisoner is in labor
1086	1086	and provide appropriate care to the prisoner, including promptly
1087	1087	transporting the prisoner to a local hospital;
1088	1088	(19) provide guidelines to sheriffs regarding
1089	1089	contracts between a sheriff and another entity for the provision of
1090	1090	food services to or the operation of a commissary in a jail under
1091	1091	the commission's jurisdiction, including specific provisions
1092	1092	regarding conflicts of interest and avoiding the appearance of
1093	1093	impropriety;
1094	1094	(20) adopt reasonable rules and procedures
1095	1095	establishing minimum standards for prisoner visitation that
1096	1096	provide each prisoner at a county jail with a minimum of two
1097	1097	in-person, noncontact visitation periods per week of at least 20
1098	1098	minutes duration each;
1099	1099	(21) require the sheriff of each county to:
1100	1100	(A) investigate and verify the veteran status of
1101	1101	each prisoner by using data made available from the Veterans
1102	1102	Reentry Search Service (VRSS) operated by the United States
1103	1103	Department of Veterans Affairs or a similar service; and
1104	1104	(B) use the data described by Paragraph (A) to
1105	1105	assist prisoners who are veterans in applying for federal benefits
1106	1106	or compensation for which the prisoners may be eligible under a
1107	1107	program administered by the United States Department of Veterans
1108	1108	Affairs;
1109	1109	(22) adopt reasonable rules and procedures regarding
1110	1110	visitation of a prisoner at a county jail by a guardian, as defined
1111	1111	by Section 1002.012, Estates Code, that:
1112	1112	(A) allow visitation by a guardian to the same
1113	1113	extent as the prisoner's next of kin, including placing the
1114	1114	guardian on the prisoner's approved visitors list on the guardian's
1115	1115	request and providing the guardian access to the prisoner during a
1116	1116	facility's standard visitation hours if the prisoner is otherwise
1117	1117	eligible to receive visitors; and
1118	1118	(B) require the guardian to provide the sheriff
1119	1119	with letters of guardianship issued as provided by Section
1120	1120	1106.001, Estates Code, before being allowed to visit the prisoner;
1121	1121	(23) adopt reasonable rules and procedures to ensure
1122	1122	the safety of prisoners, including rules and procedures that
1123	1123	require a county jail to:
1124	1124	(A) give prisoners the ability to access a mental
1125	1125	health professional at the jail or through a telemental health
1126	1126	service 24 hours a day or, if a mental health professional is not at
1127	1127	the county jail at the time, then require the jail to use all
1128	1128	reasonable efforts to arrange for the inmate to have access to a
1129	1129	mental health professional within a reasonable time;
1130	1130	(B) give prisoners the ability to access a health
1131	1131	professional at the jail or through a telehealth service 24 hours a
1132	1132	day or, if a health professional is unavailable at the jail or
1133	1133	through a telehealth service, provide for a prisoner to be
1134	1134	transported to access a health professional; and
1135	1135	(C) if funding is available under Section
1136	1136	511.019, install automated electronic sensors or cameras to ensure
1137	1137	accurate and timely in-person checks of cells or groups of cells
1138	1138	confining at-risk individuals; and
1139	1139	(24) adopt reasonable rules and procedures
1140	1140	establishing minimum standards for the quantity and quality of
1141	1141	feminine hygiene products, including tampons in regular and large
1142	1142	sizes and menstrual pads with wings in regular and large sizes,
1143	1143	provided to a female prisoner.
1144	1144	SECTION 5.05. Section 521.201, Transportation Code, is
1145	1145	amended to read as follows:
1146	1146	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1147	1147	department may not issue any license to a person who:
1148	1148	(1) is under 15 years of age;
1149	1149	(2) is under 18 years of age unless the person complies
1150	1150	with the requirements imposed by Section 521.204;
1151	1151	(3) is shown to be addicted to the use of alcohol, a
1152	1152	controlled substance, or another drug that renders a person
1153	1153	incapable of driving;
1154	1154	(4) holds a driver's license issued by this state or
1155	1155	another state or country that is revoked, canceled, or under
1156	1156	suspension;
1157	1157	(5) has been determined by a judgment of a court to be
1158	1158	totally incapacitated or incapacitated to act as the operator of a
1159	1159	motor vehicle unless the person has, by the date of the license
1160	1160	application, been:
1161	1161	(A) restored to capacity by judicial decree; or
1162	1162	(B) released from a hospital for the mentally
1163	1163	incapacitated on a certificate by the superintendent or
1164	1164	administrator of the hospital that the person has regained
1165	1165	capacity;
1166	1166	(6) the department determines to be afflicted with a
1167	1167	mental or physical disability or disease that prevents the person
1168	1168	from exercising reasonable and ordinary control over a motor
1169	1169	vehicle while operating the vehicle on a highway, except that a
1170	1170	person may not be refused a license because of a physical defect if
1171	1171	common experience shows that the defect does not incapacitate a
1172	1172	person from safely operating a motor vehicle;
1173	1173	(7) has been reported by a court under Section
1174	1174	521.3452 for failure to appear unless the court has filed an
1175	1175	additional report on final disposition of the case; or
1176	1176	(8) has been reported by a court for failure to appear
1177	1177	or default in payment of a fine for a misdemeanor that is not
1178	1178	covered under Subdivision (7) and that is punishable by a fine only,
1179	1179	including a misdemeanor under a municipal ordinance, committed by a
1180	1180	person who was under 18 [17] years of age at the time of the alleged
1181	1181	offense, unless the court has filed an additional report on final
1182	1182	disposition of the case.
1183	1183	SECTION 5.06. Section 65.251(b), Family Code, and Section
1184	1184	521.201, Transportation Code, as amended by this article, apply
1185	1185	only to an offense committed or conduct that occurred on or after
1186	1186	September 1, 2021. An offense committed or conduct that occurred
1187	1187	before September 1, 2021, is governed by the law in effect on the
1188	1188	date the offense was committed or the conduct occurred, and the
1189	1189	former law is continued in effect for that purpose. For purposes of
1190	1190	this section, an offense was committed or conduct occurred before
1191	1191	September 1, 2021, if any element of the offense or conduct occurred
1192	1192	before that date.
1193	1193	ARTICLE 6. EFFECTIVE DATE
1194	1194	SECTION 6.01. This Act takes effect September 1, 2021.