Texas 2021 - 87th Regular

Texas House Bill HB561 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R1507 LHC-D
2		-	By: Israel, Crockett, Morales Shaw, Swanson, H.B. No. 561
3		-	Cook, et al.
	2	+	By: Israel H.B. No. 561
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the repeal of the authority of political subdivisions
9	8		to adopt or enforce juvenile curfews.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Article 45.045(c), Code of Criminal Procedure,
12	11		is amended to read as follows:
13	12		(c) This article does not limit the authority of a court to
14	13		order a child taken into custody under Article 45.058 [or 45.059].
15	14		SECTION 2. Article 45.060(a), Code of Criminal Procedure,
16	15		is amended to read as follows:
17	16		(a) Except as provided by Article [Articles] 45.058 [and
18	17		45.059], an individual may not be taken into secured custody for
19	18		offenses alleged to have occurred before the individual's 17th
20	19		birthday.
21	20		SECTION 3. Section 51.02(15), Family Code, is amended to
22	21		read as follows:
23	22		(15) "Status offender" means a child who is accused,
24	23		adjudicated, or convicted for conduct that would not, under state
25	24		law, be a crime if committed by an adult, including:
26	25		(A) running away from home under Section
27	26		51.03(b)(2);
28	27		(B) a fineable only offense under Section
29	28		51.03(b)(1) transferred to the juvenile court under Section
30	29		51.08(b), but only if the conduct constituting the offense would
31	30		not have been criminal if engaged in by an adult;
32	31		(C) a violation of standards of student conduct
33	32		as described by Section 51.03(b)(4);
34	33		(D) [a violation of a juvenile curfew ordinance
35	34		or order;
36	35		[(E)] a violation of a provision of the Alcoholic
37	36		Beverage Code applicable to minors only; or
38	37		(E) [(F)] a violation of any other fineable only
39	38		offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
40	39		conduct constituting the offense would not have been criminal if
41	40		engaged in by an adult.
42	41		SECTION 4. Section 38.003(a), Government Code, is amended
43	42		to read as follows:
44	43		(a) The judge of a county, justice, or municipal court, in
45	44		accordance with Section 38.002, may award money from a judicial
46	45		donation trust fund established under Section 38.001 to eligible
47	46		children or families who appear before the court for a truancy [or
48	47		curfew] violation or in another misdemeanor offense proceeding
49	48		before the court.
50	49		SECTION 5. Section 71.0352, Government Code, is amended to
51	50		read as follows:
52	51		Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
53	52		TRUANCY COURTS. As a component of the official monthly report
54	53		submitted to the Office of Court Administration of the Texas
55	54		Judicial System:
56	55		(1) a justice court, municipal court, or truancy court
57	56		shall report the number of cases filed for:
58	57		(A) truant conduct under Section 65.003(a),
59	58		Family Code; and
60	59		(B) the offense of parent contributing to
61	60		nonattendance under Section 25.093, Education Code; and
62	61		[(C) a violation of a local daytime curfew
63	62		ordinance adopted under Section 341.905 or 351.903, Local
64	63		Government Code; and]
65	64		(2) in cases in which a child fails to obey an order of
66	65		a justice court, municipal court, or truancy court under
67	66		circumstances that would constitute contempt of court, the justice
68	67		court, municipal court, or truancy court shall report the number of
69	68		incidents in which the child is:
70	69		(A) referred to the appropriate juvenile court
71	70		for delinquent conduct as provided by Article 45.050(c)(1), Code of
72	71		Criminal Procedure, or Section 65.251, Family Code; or
73	72		(B) held in contempt, fined, or denied driving
74	73		privileges as provided by Article 45.050(c)(2), Code of Criminal
75	74		Procedure, or Section 65.251, Family Code.
76	75		SECTION 6. Chapter 370, Local Government Code, is amended
77	76		by adding Section 370.007 to read as follows:
78	77		Sec. 370.007. JUVENILE CURFEWS PROHIBITED. (a)
79	78		Notwithstanding any other law, a political subdivision may not
80	79		adopt or enforce an order, ordinance, or other measure that imposes
81	80		a curfew to regulate the movements or actions of persons younger
82	81		than 18 years of age.
83	82		(b) This section does not apply to a curfew implemented
84	83		under Chapter 418, Government Code, for purposes of emergency
85	84		management.
86	85		SECTION 7. Section 8.07(e), Penal Code, is amended to read
87	86		as follows:
88	87		(e) A person who is at least 10 years of age but younger than
89	88		15 years of age is presumed incapable of committing an offense
90	89		described by Subsection (a)(4) or (5)[, other than an offense under
91	90		a juvenile curfew ordinance or order]. This presumption may be
92	91		refuted if the prosecution proves to the court by a preponderance of
93	92		the evidence that the actor had sufficient capacity to understand
94	93		that the conduct engaged in was wrong at the time the conduct was
95	94		engaged in. The prosecution is not required to prove that the actor
96	95		at the time of engaging in the conduct knew that the act was a
97	96		criminal offense or knew the legal consequences of the offense.
98	97		SECTION 8. The following provisions are repealed:
99	98		(1) Article 45.059, Code of Criminal Procedure;
100	99		(2) Section 341.905, Local Government Code;
101	100		(3) Section 351.903, Local Government Code; and
102	101		(4) Section 370.002, Local Government Code.
103	102		SECTION 9. A violation of a juvenile curfew ordinance or
104	103		order may not be prosecuted or adjudicated after the effective date
105	104		of this Act. If on the effective date of this Act a criminal or
106	105		civil action is pending for a violation of a juvenile curfew
107	106		ordinance or order, the action is dismissed on that date. However,
108	107		a final conviction or adjudication for a violation of a juvenile
109	108		curfew ordinance or order that exists on the effective date of this
110	109		Act is unaffected by this Act.
111	110		SECTION 10. This Act takes effect September 1, 2021.