Texas 2021 - 87th Regular

Texas House Bill HB967 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R16093 ADM-F
2		-	By: Dutton, Reynolds H.B. No. 967
3		-	Substitute the following for H.B. No. 967:
4		-	By: Ramos C.S.H.B. No. 967
	1	+	87R3443 ADM-F
	2	+	By: Dutton H.B. No. 967
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the age of criminal responsibility and to certain
10	8		substantive and procedural matters related to that age.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
13	11		SECTION 1.01. Section 51.02(2), Family Code, is amended to
14	12		read as follows:
15	13		(2) "Child" means a person who is:
16	14		(A) 10 [ten] years of age or older and under 18
17	15		[17] years of age; or
18	16		(B) 18 [seventeen] years of age or older and
19	17		under 20 [18] years of age who is:
20	18		(i) alleged or found to have engaged in
21	19		delinquent conduct or conduct indicating a need for supervision as
22	20		a result of acts committed before becoming 18 [17] years of age; and
23	21		(ii) under the jurisdiction of a juvenile
24	22		court.
25	23		SECTION 1.02. Section 8.07(b), Penal Code, is amended to
26	24		read as follows:
27	25		(b) Unless the juvenile court waives jurisdiction under
28	26		Section 54.02, Family Code, and certifies the individual for
29	27		criminal prosecution or the juvenile court has previously waived
30	28		jurisdiction under that section and certified the individual for
31	29		criminal prosecution, a person may not be prosecuted for or
32	30		convicted of any offense committed before reaching 18 [17] years of
33	31		age except an offense described by Subsections (a)(1)-(5).
34	32		SECTION 1.03. The changes in law made by this article apply
35	33		only to an offense committed or conduct that occurs on or after
36		-	September 1, ~~2023~~. An offense committed or conduct that occurred
37		-	before September 1, ~~2023~~, is governed by the law in effect on the
	34	+	September 1, 2022. An offense committed or conduct that occurred
	35	+	before September 1, 2022, is governed by the law in effect on the
38	36		date the offense was committed or the conduct occurred, and the
39	37		former law is continued in effect for that purpose. For purposes of
40	38		this section, an offense was committed or conduct occurred before
41		-	September 1, ~~2023~~, if any element of the offense or conduct occurred
	39	+	September 1, 2022, if any element of the offense or conduct occurred
42	40		before that date.
43	41		ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
44	42		SECTION 2.01. Section 15.031(e), Penal Code, is amended to
45	43		read as follows:
46	44		(e) An offense under this section is one category lower than
47	45		the solicited offense, except that an offense under this section is
48	46		the same category as the solicited offense if it is shown on the
49	47		trial of the offense that the actor:
50	48		(1) was at the time of the offense 18 [17] years of age
51	49		or older and a member of a criminal street gang, as defined by
52	50		Section 71.01; and
53	51		(2) committed the offense with the intent to:
54	52		(A) further the criminal activities of the
55	53		criminal street gang; or
56	54		(B) avoid detection as a member of a criminal
57	55		street gang.
58	56		SECTION 2.02. Section 21.02(b), Penal Code, is amended to
59	57		read as follows:
60	58		(b) A person commits an offense if:
61	59		(1) during a period that is 30 or more days in
62	60		duration, the person commits two or more acts of sexual abuse,
63	61		regardless of whether the acts of sexual abuse are committed
64	62		against one or more victims; and
65	63		(2) at the time of the commission of each of the acts
66	64		of sexual abuse, the actor is 18 [17] years of age or older and the
67	65		victim is a child younger than 14 years of age, regardless of
68	66		whether the actor knows the age of the victim at the time of the
69	67		offense.
70	68		SECTION 2.03. Section 33.021(b), Penal Code, is amended to
71	69		read as follows:
72	70		(b) A person who is 18 [17] years of age or older commits an
73	71		offense if, with the intent to commit an offense listed in Article
74	72		62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
75	73		over the Internet, by electronic mail or text message or other
76	74		electronic message service or system, or through a commercial
77	75		online service, intentionally:
78	76		(1) communicates in a sexually explicit manner with a
79	77		minor; or
80	78		(2) distributes sexually explicit material to a minor.
81	79		SECTION 2.04. Section 71.028(c), Penal Code, is amended to
82	80		read as follows:
83	81		(c) Except as provided by Subsection (d), the punishment
84	82		prescribed for an offense described by Subsection (b) is increased
85	83		to the punishment prescribed for the next highest category of
86	84		offense if the actor is 18 [17] years of age or older and it is shown
87	85		beyond a reasonable doubt on the trial of the offense that the actor
88	86		committed the offense at a location that was:
89	87		(1) in, on, or within 1,000 feet of any:
90	88		(A) real property that is owned, rented, or
91	89		leased by a school or school board;
92	90		(B) premises owned, rented, or leased by an
93	91		institution of higher education;
94	92		(C) premises of a public or private youth center;
95	93		or
96	94		(D) playground;
97	95		(2) in, on, or within 300 feet of any:
98	96		(A) shopping mall;
99	97		(B) movie theater;
100	98		(C) premises of a public swimming pool; or
101	99		(D) premises of a video arcade facility; or
102	100		(3) on a school bus.
103	101		SECTION 2.05. Sections 545.424(b) and (b-1),
104	102		Transportation Code, are amended to read as follows:
105	103		(b) A person under 18 [17] years of age who holds a
106	104		restricted motorcycle license may not operate a motorcycle while
107	105		using a wireless communication device, except in case of emergency.
108	106		This subsection does not apply to a person licensed by the Federal
109	107		Communications Commission while operating a radio frequency device
110	108		other than a wireless communication device.
111	109		(b-1) A person under 18 [17] years of age who holds a
112	110		restricted motorcycle license, during the 12-month period
113	111		following the issuance of an original motorcycle license to the
114	112		person, may not operate a motorcycle after midnight and before 5
115	113		a.m. unless:
116	114		(1) the person is in sight of the person's parent or
117	115		guardian; or
118	116		(2) the operation of the vehicle is necessary for the
119	117		operator to attend or participate in employment or a school-related
120	118		activity or because of a medical emergency.
121	119		SECTION 2.06. Section 729.001(a), Transportation Code, is
122	120		amended to read as follows:
123	121		(a) A person who is younger than 18 [17] years of age commits
124	122		an offense if the person operates a motor vehicle on a public road
125	123		or highway, a street or alley in a municipality, or a public beach
126	124		in violation of any traffic law of this state, including:
127	125		(1) Chapter 502, other than Section [502.282 or]
128	126		502.412;
129	127		(2) Chapter 521, other than an offense under Section
130	128		521.457;
131	129		(3) Subtitle C, other than an offense punishable by
132	130		imprisonment or by confinement in jail under Section 550.021,
133	131		550.022, 550.024, or 550.025;
134	132		(4) Chapter 601;
135	133		(5) Chapter 621;
136	134		(6) Chapter 661; and
137	135		(7) Chapter 681.
138	136		SECTION 2.07. Section 729.002, Transportation Code, is
139	137		amended to read as follows:
140	138		Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
141	139		LICENSE. (a) A person who is younger than 18 [17] years of age
142	140		commits an offense if the person operates a motor vehicle without a
143	141		driver's license authorizing the operation of a motor vehicle on a:
144	142		(1) public road or highway;
145	143		(2) street or alley in a municipality; or
146	144		(3) public beach as defined by Section 729.001.
147	145		(b) An offense under this section is punishable in the same
148	146		manner as if the person was 18 [17] years of age or older and
149	147		operated a motor vehicle without a license as described by
150	148		Subsection (a), except that an offense under this section is not
151	149		punishable by confinement or imprisonment.
152	150		SECTION 2.08. The changes in law made by this article apply
153		-	only to an offense committed on or after September 1, ~~2023~~. An
154		-	offense committed before September 1, ~~2023~~, is governed by the law
	151	+	only to an offense committed on or after September 1, 2022. An
	152	+	offense committed before September 1, 2022, is governed by the law
155	153		in effect on the date the offense was committed, and the former law
156	154		is continued in effect for that purpose. For purposes of this
157		-	section, an offense was committed before September 1, ~~2023~~, if any
	155	+	section, an offense was committed before September 1, 2022, if any
158	156		element of the offense occurred before that date.
159	157		ARTICLE 3. CRIMINAL PROCEDURES
160	158		SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
161	159		amended to read as follows:
162	160		Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
163	161		ADULT. (a) Notwithstanding the order of a juvenile court to detain
164	162		a person under the age of 18 [17] who has been certified to stand
165	163		trial as an adult in a certified juvenile detention facility under
166	164		Section 54.02(h), Family Code, the judge of the criminal court
167	165		having jurisdiction over the person may order the person to be
168	166		transferred to an adult facility. A child who is transferred to an
169	167		adult facility must be detained under conditions meeting the
170	168		requirements of Section 51.12, Family Code.
171	169		(b) On the 18th [17th] birthday of a person described by
172	170		Subsection (a) who is detained in a certified juvenile detention
173	171		facility under Section 54.02(h), Family Code, the judge of the
174	172		criminal court having jurisdiction over the person shall order the
175	173		person to be transferred to an adult facility.
176	174		SECTION 3.02. Article 45.0215(a), Code of Criminal
177	175		Procedure, is amended to read as follows:
178	176		(a) This article applies to a defendant who has not had the
179	177		disabilities of minority removed and [has been:
180	178		[(1) charged with an offense other than an offense
181	179		under Section 43.261, Penal Code, if the defendant is younger than
182	180		17 years of age; or
183	181		[(2) charged with an offense under Section 43.261,
184	182		Penal Code, if the defendant] is younger than 18 years of age.
185	183		SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
186	184		Procedure, are amended to read as follows:
187	185		(b) A person may apply to the court in which the person was
188	186		convicted to have the conviction expunged as provided by this
189	187		article on or after the person's 18th [17th] birthday if:
190	188		(1) the person was convicted of not more than one
191	189		offense described by Section 8.07(a)(4) or (5), Penal Code, while
192	190		the person was a child; or
193	191		(2) the person was convicted only once of an offense
194	192		under Section 43.261, Penal Code.
195	193		(h) Records of a person under 18 [17] years of age relating
196	194		to a complaint may be expunged under this article if:
197	195		(1) the complaint was dismissed under Article 45.051
198	196		or 45.052 or other law; or
199	197		(2) the person was acquitted of the offense.
200	198		SECTION 3.04. Article 45.045(b), Code of Criminal
201	199		Procedure, is amended to read as follows:
202	200		(b) A capias pro fine may not be issued for an individual
203	201		convicted for an offense committed before the individual's 18th
204	202		[17th] birthday unless:
205	203		(1) the individual is 18 [17] years of age or older;
206	204		(2) the court finds that the issuance of the capias pro
207	205		fine is justified after considering:
208	206		(A) the sophistication and maturity of the
209	207		individual;
210	208		(B) the criminal record and history of the
211	209		individual; and
212	210		(C) the reasonable likelihood of bringing about
213	211		the discharge of the judgment through the use of procedures and
214	212		services currently available to the court; and
215	213		(3) the court has proceeded under Article 45.050 to
216	214		compel the individual to discharge the judgment.
217	215		SECTION 3.05. Article 45.0492(a), Code of Criminal
218	216		Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
219	217		Legislature, Regular Session, 2011, is amended to read as follows:
220	218		(a) This article applies only to a defendant younger than 18
221	219		[17] years of age who is assessed a fine or costs for a Class C
222	220		misdemeanor occurring in a building or on the grounds of the primary
223	221		or secondary school at which the defendant was enrolled at the time
224	222		of the offense.
225	223		SECTION 3.06. Article 45.0492(a), Code of Criminal
226	224		Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
227	225		Legislature, Regular Session, 2011, is amended to read as follows:
228	226		(a) This article applies only to a defendant younger than 18
229	227		[17] years of age who is assessed a fine or costs for a Class C
230	228		misdemeanor.
231	229		SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
232	230		Criminal Procedure, are amended to read as follows:
233	231		(d) A justice or municipal court may hold a person in
234	232		contempt and impose a remedy authorized by Subsection (c)(2) if:
235	233		(1) the person was convicted for an offense committed
236	234		before the person's 18th [17th] birthday;
237	235		(2) the person failed to obey the order while the
238	236		person was 18 [17] years of age or older; and
239	237		(3) the failure to obey occurred under circumstances
240	238		that constitute contempt of court.
241	239		(e) A justice or municipal court may hold a person in
242	240		contempt and impose a remedy authorized by Subsection (c)(2) if the
243	241		person, while younger than 18 [17] years of age, engaged in conduct
244	242		in contempt of an order issued by the justice or municipal court,
245	243		but contempt proceedings could not be held before the person's 18th
246	244		[17th] birthday.
247	245		(g) A justice or municipal court may not refer a child who
248	246		violates a court order while 18 [17] years of age or older to a
249	247		juvenile court for delinquency proceedings for contempt of court.
250	248		SECTION 3.08. Article 45.057(h), Code of Criminal
251	249		Procedure, is amended to read as follows:
252	250		(h) A child and parent required to appear before the court
253	251		have an obligation to provide the court in writing with the current
254	252		address and residence of the child. The obligation does not end
255	253		when the child reaches age 18 [17]. On or before the seventh day
256	254		after the date the child or parent changes residence, the child or
257	255		parent shall notify the court of the current address in the manner
258	256		directed by the court. A violation of this subsection may result in
259	257		arrest and is a Class C misdemeanor. The obligation to provide
260	258		notice terminates on discharge and satisfaction of the judgment or
261	259		final disposition not requiring a finding of guilt.
262	260		SECTION 3.09. Article 45.058(h), Code of Criminal
263	261		Procedure, is amended to read as follows:
264	262		(h) In this article, "child" means a person who is:
265	263		(1) at least 10 years of age and younger than 18 [17]
266	264		years of age; and
267	265		(2) charged with or convicted of an offense that a
268	266		justice or municipal court has jurisdiction of under Article 4.11
269	267		or 4.14.
270	268		SECTION 3.10. Article 45.059(a), Code of Criminal
271	269		Procedure, is amended to read as follows:
272	270		(a) A peace officer taking into custody a person younger
273	271		than 18 [17] years of age for violation of a juvenile curfew
274	272		ordinance of a municipality or order of the commissioners court of a
275	273		county shall, without unnecessary delay:
276	274		(1) release the person to the person's parent,
277	275		guardian, or custodian;
278	276		(2) take the person before a justice or municipal
279	277		court to answer the charge; or
280	278		(3) take the person to a place designated as a juvenile
281	279		curfew processing office by the head of the law enforcement agency
282	280		having custody of the person.
283	281		SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
284	282		Criminal Procedure, are amended to read as follows:
285	283		(a) Except as provided by Articles 45.058 and 45.059, an
286	284		individual may not be taken into secured custody for offenses
287	285		alleged to have occurred before the individual's 18th [17th]
288	286		birthday.
289	287		(b) On or after an individual's 18th [17th] birthday, if the
290	288		court has used all available procedures under this chapter to
291	289		secure the individual's appearance to answer allegations made
292	290		before the individual's 18th [17th] birthday, the court may issue a
293	291		notice of continuing obligation to appear by personal service or by
294	292		mail to the last known address and residence of the individual. The
295	293		notice must order the individual to appear at a designated time,
296	294		place, and date to answer the allegations detailed in the notice.
297	295		(e) A notice of continuing obligation to appear issued under
298	296		this article must contain the following statement provided in
299	297		boldfaced type or capital letters:
300	298		"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
301	299		BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
302	300		MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
303	301		ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
304	302		CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
305	303		ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
306	304		FOR YOUR ARREST."
307	305		SECTION 3.12. Article 62.001(6), Code of Criminal
308	306		Procedure, is amended to read as follows:
309	307		(6) "Sexually violent offense" means any of the
310	308		following offenses committed by a person 18 [17] years of age or
311	309		older:
312	310		(A) an offense under Section 21.02 (Continuous
313	311		sexual abuse of young child or children), 21.11(a)(1) (Indecency
314	312		with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
315	313		sexual assault), Penal Code;
316	314		(B) an offense under Section 43.25 (Sexual
317	315		performance by a child), Penal Code;
318	316		(C) an offense under Section 20.04(a)(4)
319	317		(Aggravated kidnapping), Penal Code, if the defendant committed the
320	318		offense with intent to violate or abuse the victim sexually;
321	319		(D) an offense under Section 30.02 (Burglary),
322	320		Penal Code, if the offense is punishable under Subsection (d) of
323	321		that section and the defendant committed the offense with intent to
324	322		commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
325	323		or
326	324		(E) an offense under the laws of another state,
327	325		federal law, the laws of a foreign country, or the Uniform Code of
328	326		Military Justice if the offense contains elements that are
329	327		substantially similar to the elements of an offense listed under
330	328		Paragraph (A), (B), (C), or (D).
331	329		SECTION 3.13. Article 62.351(a), Code of Criminal
332	330		Procedure, is amended to read as follows:
333	331		(a) During or after disposition of a case under Section
334	332		54.04, Family Code, for adjudication of an offense for which
335	333		registration is required under this chapter, the juvenile court on
336	334		motion of the respondent shall conduct a hearing to determine
337	335		whether the interests of the public require registration under this
338	336		chapter. The motion may be filed and the hearing held regardless of
339	337		whether the respondent is under 19 [18] years of age. Notice of the
340	338		motion and hearing shall be provided to the prosecuting attorney.
341	339		SECTION 3.14. Article 62.352(c), Code of Criminal
342	340		Procedure, is amended to read as follows:
343	341		(c) If the court enters an order described by Subsection
344	342		(b)(1), the court retains discretion and jurisdiction to require,
345	343		or exempt the respondent from, registration under this chapter at
346	344		any time during the treatment or on the successful or unsuccessful
347	345		completion of treatment, except that during the period of deferral,
348	346		registration may not be required. Following successful completion
349	347		of treatment, the respondent is exempted from registration under
350	348		this chapter unless a hearing under this subchapter is held on
351	349		motion of the prosecuting attorney, regardless of whether the
352	350		respondent is 19 [18] years of age or older, and the court
353	351		determines the interests of the public require registration. Not
354	352		later than the 10th day after the date of the respondent's
355	353		successful completion of treatment, the treatment provider shall
356	354		notify the juvenile court and prosecuting attorney of the
357	355		completion.
358	356		SECTION 3.15. Article 62.353(b), Code of Criminal
359	357		Procedure, is amended to read as follows:
360	358		(b) The person may file a motion under Subsection (a) in the
361	359		original juvenile case regardless of whether the person, at the
362	360		time of filing the motion, is 19 [18] years of age or older. Notice
363	361		of the motion shall be provided to the prosecuting attorney. A
364	362		hearing on the motion shall be provided as in other cases under this
365	363		subchapter.
366	364		SECTION 3.16. Section 37.085, Education Code, is amended to
367	365		read as follows:
368	366		Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
369	367		MISDEMEANORS. Notwithstanding any other provision of law, a
370	368		warrant may not be issued for the arrest of a person for a Class C
371	369		misdemeanor under this code committed when the person was younger
372	370		than 18 [17] years of age.
373	371		SECTION 3.17. Section 153.0071(e-1), Family Code, is
374	372		amended to read as follows:
375	373		(e-1) Notwithstanding Subsections (d) and (e), a court may
376	374		decline to enter a judgment on a mediated settlement agreement if
377	375		the court finds:
378	376		(1) that:
379	377		(A) a party to the agreement was a victim of
380	378		family violence, and that circumstance impaired the party's ability
381	379		to make decisions; or
382	380		(B) the agreement would permit a person who is
383	381		subject to registration under Chapter 62, Code of Criminal
384	382		Procedure, on the basis of an offense committed by the person when
385	383		the person was 18 [17] years of age or older or who otherwise has a
386	384		history or pattern of past or present physical or sexual abuse
387	385		directed against any person to:
388	386		(i) reside in the same household as the
389	387		child; or
390	388		(ii) otherwise have unsupervised access to
391	389		the child; and
392	390		(2) that the agreement is not in the child's best
393	391		interest.
394	392		SECTION 3.18. Section 521.453(i), Transportation Code, is
395	393		amended to read as follows:
396	394		(i) If the person ordered to perform community service under
397	395		Subsection (h) is younger than 18 [17] years of age, the community
398	396		service shall be performed as if ordered by a juvenile court under
399	397		Section 54.044(a), Family Code, as a condition of probation under
400	398		Section 54.04(d), Family Code.
401	399		SECTION 3.19. (a) Except as provided by Subsection (b) of
402	400		this section, the changes in law made by this article apply only to
403		-	an offense committed on or after September 1, ~~2023~~. An offense
404		-	committed before September 1, ~~2023~~, is governed by the law in effect
	401	+	an offense committed on or after September 1, 2022. An offense
	402	+	committed before September 1, 2022, is governed by the law in effect
405	403		on the date the offense was committed, and the former law is
406	404		continued in effect for that purpose.
407	405		(b) Articles 45.0216(b) and (h), Code of Criminal
408	406		Procedure, as amended by this article, apply only to the expunction
409	407		of certain records related to an offense committed on or after
410		-	September 1, ~~2023~~. The expunction of certain records related to an
411		-	offense committed before September 1, ~~2023~~, is governed by the law
	408	+	September 1, 2022. The expunction of certain records related to an
	409	+	offense committed before September 1, 2022, is governed by the law
412	410		in effect on the date the offense was committed, and the former law
413	411		is continued in effect for that purpose.
414	412		(c) For purposes of this section, an offense was committed
415		-	before September 1, ~~2023~~, if any element of the offense occurred
	413	+	before September 1, 2022, if any element of the offense occurred
416	414		before that date.
417	415		ARTICLE 4. JUVENILE COURT PROCEDURES
418	416		SECTION 4.01. Section 51.041, Family Code, is amended to
419	417		read as follows:
420	418		Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
421	419		retains jurisdiction over a person, without regard to the age of the
422	420		person, for conduct engaged in by the person before becoming 18 [17]
423	421		years of age if, as a result of an appeal by the person or the state
424	422		under Chapter 56 of an order of the court, the order is reversed or
425	423		modified and the case remanded to the court by the appellate court.
426	424		(b) If the respondent is at least 18 years of age when the
427	425		order of remand from the appellate court is received by the juvenile
428	426		court, the juvenile court shall proceed as provided by Sections
429	427		54.02(o)-(r) for the detention of a person at least 19 [18] years of
430	428		age in discretionary transfer proceedings. Pending retrial of the
431	429		adjudication or transfer proceeding, the juvenile court may:
432	430		(1) order the respondent released from custody;
433	431		(2) order the respondent detained in a juvenile
434	432		detention facility; or
435	433		(3) set bond and order the respondent detained in a
436	434		county adult facility if bond is not made.
437	435		SECTION 4.02. Section 51.0412, Family Code, is amended to
438	436		read as follows:
439	437		Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
440	438		The court retains jurisdiction over a person, without regard to the
441	439		age of the person, who is a respondent in an adjudication
442	440		proceeding, a disposition proceeding, a proceeding to modify
443	441		disposition, a proceeding for waiver of jurisdiction and transfer
444	442		to criminal court under Section 54.02(a), or a motion for transfer
445	443		of determinate sentence probation to an appropriate district court
446	444		if:
447	445		(1) the petition or motion was filed while the
448	446		respondent was younger than 19 or 20 [18 or 19] years of age, as
449	447		applicable;
450	448		(2) the proceeding is not complete before the
451	449		respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
452	450		and
453	451		(3) the court enters a finding in the proceeding that
454	452		the prosecuting attorney exercised due diligence in an attempt to
455	453		complete the proceeding before the respondent became 19 or 20 [18 or
456	454		19] years of age, as applicable.
457	455		SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
458	456		amended to read as follows:
459	457		(f) A child detained in a building that contains a jail,
460	458		lockup, or other place of secure confinement, including an alcohol
461	459		or other drug treatment facility, shall be separated by sight and
462	460		sound from adults detained in the same building. Children and
463	461		adults are separated by sight and sound only if they are unable to
464	462		see each other and conversation between them is not possible. The
465	463		separation must extend to all areas of the facility, including
466	464		sally ports and passageways, and those areas used for admission,
467	465		counseling, sleeping, toileting, showering, dining, recreational,
468	466		educational, or vocational activities, and health care. The
469	467		separation may be accomplished through architectural design. A
470	468		person who has been transferred for prosecution in criminal court
471	469		under Section 54.02 and is under 18 [17] years of age is considered
472	470		a child for the purposes of this subsection.
473	471		(h) This section does not apply to a person:
474	472		(1) who has been transferred to criminal court for
475	473		prosecution under Section 54.02 and is at least 18 [17] years of
476	474		age; or
477	475		(2) who is at least 18 [17] years of age and who has
478	476		been taken into custody after having:
479	477		(A) escaped from a juvenile facility operated by
480	478		or under contract with the Texas Juvenile Justice Department; or
481	479		(B) violated a condition of release under
482	480		supervision of the department.
483	481		SECTION 4.04. Section 54.02(j), Family Code, is amended to
484	482		read as follows:
485	483		(j) The juvenile court may waive its exclusive original
486	484		jurisdiction and transfer a person to the appropriate district
487	485		court or criminal district court for criminal proceedings if:
488	486		(1) the person is 19 [18] years of age or older;
489	487		(2) the person was:
490	488		(A) 10 years of age or older and under 18 [17]
491	489		years of age at the time the person is alleged to have committed a
492	490		capital felony or an offense under Section 19.02, Penal Code;
493	491		(B) 14 years of age or older and under 18 [17]
494	492		years of age at the time the person is alleged to have committed an
495	493		aggravated controlled substance felony or a felony of the first
496	494		degree other than an offense under Section 19.02, Penal Code; or
497	495		(C) 15 years of age or older and under 18 [17]
498	496		years of age at the time the person is alleged to have committed a
499	497		felony of the second or third degree or a state jail felony;
500	498		(3) no adjudication concerning the alleged offense has
501	499		been made or no adjudication hearing concerning the offense has
502	500		been conducted;
503	501		(4) the juvenile court finds from a preponderance of
504	502		the evidence that:
505	503		(A) for a reason beyond the control of the state
506	504		it was not practicable to proceed in juvenile court before the 19th
507	505		[18th] birthday of the person; or
508	506		(B) after due diligence of the state it was not
509	507		practicable to proceed in juvenile court before the 19th [18th]
510	508		birthday of the person because:
511	509		(i) the state did not have probable cause to
512	510		proceed in juvenile court and new evidence has been found since the
513	511		19th [18th] birthday of the person;
514	512		(ii) the person could not be found; or
515	513		(iii) a previous transfer order was
516	514		reversed by an appellate court or set aside by a district court; and
517	515		(5) the juvenile court determines that there is
518	516		probable cause to believe that the child before the court committed
519	517		the offense alleged.
520	518		SECTION 4.05. Section 54.0326(b), Family Code, is amended
521	519		to read as follows:
522	520		(b) A juvenile court may defer adjudication proceedings
523	521		under Section 54.03 until the child's 19th [18th] birthday and
524	522		require a child to participate in a program established under
525	523		Section 152.0017, Human Resources Code, if the child:
526	524		(1) is alleged to have engaged in delinquent conduct
527	525		or conduct indicating a need for supervision and may be a victim of
528	526		conduct that constitutes an offense under Section 20A.02, Penal
529	527		Code; and
530	528		(2) presents to the court an oral or written request to
531	529		participate in the program.
532	530		SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
533	531		are amended to read as follows:
534	532		(e) The Texas Juvenile Justice Department shall accept a
535	533		person properly committed to it by a juvenile court even though the
536	534		person may be 18 [17] years of age or older at the time of
537	535		commitment.
538	536		(l) Except as provided by Subsection (q), a court or jury
539	537		may place a child on probation under Subsection (d)(1) for any
540	538		period, except that probation may not continue on or after the
541	539		child's 19th [18th] birthday. Except as provided by Subsection
542	540		(q), the court may, before the period of probation ends, extend the
543	541		probation for any period, except that the probation may not extend
544	542		to or after the child's 19th [18th] birthday.
545	543		(q) If a court or jury sentences a child to commitment in the
546	544		Texas Juvenile Justice Department or a post-adjudication secure
547	545		correctional facility under Subsection (d)(3) for a term of not
548	546		more than 10 years, the court or jury may place the child on
549	547		probation under Subsection (d)(1) as an alternative to making the
550	548		disposition under Subsection (d)(3). The court shall prescribe the
551	549		period of probation ordered under this subsection for a term of not
552	550		more than 10 years. The court may, before the sentence of probation
553	551		expires, extend the probationary period under Section 54.05, except
554	552		that the sentence of probation and any extension may not exceed 10
555	553		years. The court may, before the child's 20th [19th] birthday,
556	554		discharge the child from the sentence of probation. If a sentence
557	555		of probation ordered under this subsection and any extension of
558	556		probation ordered under Section 54.05 will continue after the
559	557		child's 20th [19th] birthday, the court shall discharge the child
560	558		from the sentence of probation on the child's 20th [19th] birthday
561	559		unless the court transfers the child to an appropriate district
562	560		court under Section 54.051.
563	561		SECTION 4.07. Section 54.0405(i), Family Code, is amended
564	562		to read as follows:
565	563		(i) A court that requires as a condition of probation that a
566	564		child attend psychological counseling under Subsection (a) may,
567	565		before the date the probation period ends, extend the probation for
568	566		any additional period necessary to complete the required counseling
569	567		as determined by the treatment provider, except that the probation
570	568		may not be extended to a date after the date of the child's 19th
571	569		[18th] birthday, or 20th [19th] birthday if the child is placed on
572	570		determinate sentence probation under Section 54.04(q).
573	571		SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
574	572		amended to read as follows:
575	573		(b) If a child is found to have engaged in delinquent
576	574		conduct or conduct indicating a need for supervision arising from
577	575		the commission of an offense in which property damage or loss or
578	576		personal injury occurred, the juvenile court, on notice to all
579	577		persons affected and on hearing, may order the child or a parent to
580	578		make full or partial restitution to the victim of the offense. The
581	579		program of restitution must promote the rehabilitation of the
582	580		child, be appropriate to the age and physical, emotional, and
583	581		mental abilities of the child, and not conflict with the child's
584	582		schooling. When practicable and subject to court supervision, the
585	583		court may approve a restitution program based on a settlement
586	584		between the child and the victim of the offense. An order under
587	585		this subsection may provide for periodic payments by the child or a
588	586		parent of the child for the period specified in the order but except
589	587		as provided by Subsection (h), that period may not extend past the
590	588		date of the 19th [18th] birthday of the child or past the date the
591	589		child is no longer enrolled in an accredited secondary school in a
592	590		program leading toward a high school diploma, whichever date is
593	591		later.
594	592		(h) If the juvenile court places the child on probation in a
595	593		determinate sentence proceeding initiated under Section 53.045 and
596	594		transfers supervision on the child's 20th [19th] birthday to a
597	595		district court for placement on community supervision, the district
598	596		court shall require the payment of any unpaid restitution as a
599	597		condition of the community supervision. The liability of the
600	598		child's parent for restitution may not be extended by transfer to a
601	599		district court for supervision.
602	600		SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
603	601		amended to read as follows:
604	602		(a) Any [Except as provided by Subsection (a-1), any]
605	603		disposition, except a commitment to the Texas Juvenile Justice
606	604		Department, may be modified by the juvenile court as provided in
607	605		this section until:
608	606		(1) the child reaches:
609	607		(A) the child's 19th [18th] birthday; or
610	608		(B) the child's 20th [19th] birthday, if the
611	609		child was placed on determinate sentence probation under Section
612	610		54.04(q); or
613	611		(2) the child is earlier discharged by the court or
614	612		operation of law.
615	613		(b) Except for a commitment to the Texas Juvenile Justice
616	614		Department or to a post-adjudication secure correctional facility
617	615		under former Section 54.04011 or a placement on determinate
618	616		sentence probation under Section 54.04(q), all dispositions
619	617		automatically terminate when the child reaches the child's 19th
620	618		[18th] birthday.
621		-	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
622		-	(i), Family Code, are amended to read as follows:
	619	+	SECTION 4.10. Section 54.051, Family Code, is amended by
	620	+	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
	621	+	Subsection (j) to read as follows:
623	622		(a) On motion of the state concerning a child who is placed
624	623		on probation under Section 54.04(q) for a period, including any
625	624		extension ordered under Section 54.05, that will continue after the
626		-	child's ~~20th~~ [19th] birthday, the juvenile court shall hold a
	625	+	child's applicable [19th] birthday, the juvenile court shall hold a
627	626		hearing to determine whether to transfer the child to an
628	627		appropriate district court or discharge the child from the sentence
629	628		of probation.
630		-	(b) The hearing must be conducted before the person's ~~20th~~
631		-	[19th] birthday[, or before the person's 18th birthday ~~if the~~
632		-	offense for which the person was placed on probation occurred
	629	+	(b) The hearing must be conducted before the person's
	630	+	applicable [19th] birthday[, or before the person's 18th birthday
	631	+	if the offense for which the person was placed on probation occurred
633	632		before September 1, 2011,] and must be conducted in the same manner
634	633		as a hearing to modify disposition under Section 54.05.
635	634		(c) If, after a hearing, the court determines to discharge
636	635		the child, the court shall specify a date on or before the child's
637		-	~~20th~~ [19th] birthday to discharge the child from the ~~sentence of~~
638		-	probation.
	636	+	applicable [19th] birthday to discharge the child from the
	637	+	sentence of probation.
639	638		(d) If, after a hearing, the court determines to transfer
640	639		the child, the court shall transfer the child to an appropriate
641		-	district court on the child's ~~20th~~ [19th] birthday.
	640	+	district court on the child's applicable [19th] birthday.
642	641		(e-2) If a person who is placed on community supervision
643	642		under this section violates a condition of that supervision or if
644	643		the person violated a condition of probation ordered under Section
645	644		54.04(q) and that probation violation was not discovered by the
646	645		state before the person's 20th [19th] birthday, the district court
647	646		shall dispose of the violation of community supervision or
648	647		probation, as appropriate, in the same manner as if the court had
649	648		originally exercised jurisdiction over the case. If the judge
650	649		revokes community supervision, the judge may reduce the prison
651	650		sentence to any length without regard to the minimum term imposed by
652	651		Article 42A.755(a), Code of Criminal Procedure.
653	652		(i) If the juvenile court exercises jurisdiction over a
654		-	person on or after the person's 19th or 20th birthday [who is 18 or
655		-	19 years of age or older], as applicable, under Section 51.041 or
656		-	51.0412, the court or jury may, if the person is otherwise eligible,
657		-	place the person on probation under Section 54.04(q). The juvenile
658		-	court shall set the conditions of probation and immediately
659		-	transfer supervision of the person to the appropriate court
660		-	exercising criminal jurisdiction under Subsection (e).
	653	+	person on or after the person's [who is 18 or 19 years of age or
	654	+	older, as] applicable birthday, under Section 51.041 or 51.0412,
	655	+	the court or jury may, if the person is otherwise eligible, place
	656	+	the person on probation under Section 54.04(q). The juvenile court
	657	+	shall set the conditions of probation and immediately transfer
	658	+	supervision of the person to the appropriate court exercising
	659	+	criminal jurisdiction under Subsection (e).
	660	+	(j) In this section, "applicable birthday" means the
	661	+	person's:
	662	+	(1) 18th birthday, if the conduct for which the person
	663	+	was placed on probation occurred before September 1, 2011;
	664	+	(2) 19th birthday, if the conduct for which the person
	665	+	was placed on probation occurred on or after September 1, 2011, but
	666	+	before September 1, 2022; or
	667	+	(3) 20th birthday, if the conduct for which the person
	668	+	was placed on probation occurred on or after September 1, 2022.
661	669		SECTION 4.11. Section 54.11(l), Family Code, is amended to
662	670		read as follows:
663	671		(l) Pending the conclusion of a transfer hearing, the
664	672		juvenile court shall order that the person who is referred for
665	673		transfer be detained in a certified juvenile detention facility as
666	674		provided by Subsection (m). If the person is at least 18 [17] years
667	675		of age, the juvenile court may order that the person be detained
668	676		without bond in an appropriate county facility for the detention of
669	677		adults accused of criminal offenses.
670	678		SECTION 4.12. Section 55.15, Family Code, is amended to
671	679		read as follows:
672	680		Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
673	681		FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
674	682		which the child's case is referred under Section 55.12(2) orders
675	683		mental health services for the child, the child shall be cared for,
676	684		treated, and released in conformity to Subtitle C, Title 7, Health
677	685		and Safety Code, except:
678	686		(1) a court order for mental health services for a
679	687		child automatically expires on the 120th day after the date the
680	688		child becomes 19 [18] years of age; and
681	689		(2) the administrator of a mental health facility
682	690		shall notify, in writing, by certified mail, return receipt
683	691		requested, the juvenile court that ordered mental health services
684	692		or the juvenile court that referred the case to a court that ordered
685	693		the mental health services of the intent to discharge the child at
686	694		least 10 days prior to discharge.
687	695		SECTION 4.13. Section 55.18, Family Code, is amended to
688	696		read as follows:
689	697		Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
690	698		REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
691	699		mental health facility before reaching 19 [18] years of age, the
692	700		juvenile court may:
693	701		(1) dismiss the juvenile court proceedings with
694	702		prejudice; or
695	703		(2) continue with proceedings under this title as
696	704		though no order of mental health services had been made.
697	705		SECTION 4.14. The heading to Section 55.19, Family Code, is
698	706		amended to read as follows:
699	707		Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
700	708		BIRTHDAY.
701	709		SECTION 4.15. Section 55.19(a), Family Code, is amended to
702	710		read as follows:
703	711		(a) The juvenile court shall transfer all pending
704	712		proceedings from the juvenile court to a criminal court on the 19th
705	713		[18th] birthday of a child for whom the juvenile court or a court to
706	714		which the child's case is referred under Section 55.12(2) has
707	715		ordered inpatient mental health services if:
708	716		(1) the child is not discharged or furloughed from the
709	717		inpatient mental health facility before reaching 19 [18] years of
710	718		age; and
711	719		(2) the child is alleged to have engaged in delinquent
712	720		conduct that included a violation of a penal law listed in Section
713	721		53.045 and no adjudication concerning the alleged conduct has been
714	722		made.
715	723		SECTION 4.16. Section 55.43(a), Family Code, is amended to
716	724		read as follows:
717	725		(a) The prosecuting attorney may file with the juvenile
718	726		court a motion for a restoration hearing concerning a child if:
719	727		(1) the child is found unfit to proceed as a result of
720	728		mental illness or an intellectual disability; and
721	729		(2) the child:
722	730		(A) is not:
723	731		(i) ordered by a court to receive inpatient
724	732		mental health services;
725	733		(ii) committed by a court to a residential
726	734		care facility; or
727	735		(iii) ordered by a court to receive
728	736		treatment on an outpatient basis; or
729	737		(B) is discharged or currently on furlough from a
730	738		mental health facility or outpatient center before the child
731	739		reaches 19 [18] years of age.
732	740		SECTION 4.17. The heading to Section 55.44, Family Code, is
733	741		amended to read as follows:
734	742		Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
735	743		BIRTHDAY OF CHILD.
736	744		SECTION 4.18. Section 55.44(a), Family Code, is amended to
737	745		read as follows:
738	746		(a) The juvenile court shall transfer all pending
739	747		proceedings from the juvenile court to a criminal court on the 19th
740	748		[18th] birthday of a child for whom the juvenile court or a court to
741	749		which the child's case is referred has ordered inpatient mental
742	750		health services or residential care for persons with an
743	751		intellectual disability if:
744	752		(1) the child is not discharged or currently on
745	753		furlough from the facility before reaching 19 [18] years of age; and
746	754		(2) the child is alleged to have engaged in delinquent
747	755		conduct that included a violation of a penal law listed in Section
748	756		53.045 and no adjudication concerning the alleged conduct has been
749	757		made.
750	758		SECTION 4.19. The heading to Section 56.03, Family Code, is
751	759		amended to read as follows:
752	760		Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
753	761		FOR DETERMINATE SENTENCE].
754	762		SECTION 4.20. Section 56.03(b), Family Code, is amended to
755	763		read as follows:
756	764		(b) The state is entitled to appeal an order of a court:
757	765		(1) in a juvenile case in which the grand jury has
758	766		approved of the petition under Section 53.045 if the order:
759	767		(A) [(1)] dismisses a petition or any portion of
760	768		a petition;
761	769		(B) [(2)] arrests or modifies a judgment;
762	770		(C) [(3)] grants a new trial;
763	771		(D) [(4)] sustains a claim of former jeopardy; or
764	772		(E) [(5)] grants a motion to suppress evidence, a
765	773		confession, or an admission and if:
766	774		(i) [(A)] jeopardy has not attached in the
767	775		case;
768	776		(ii) [(B)] the prosecuting attorney
769	777		certifies to the trial court that the appeal is not taken for the
770	778		purpose of delay; and
771	779		(iii) [(C)] the evidence, confession, or
772	780		admission is of substantial importance in the case; or
773	781		(2) if the order denies the transfer of the child under
774	782		Section 54.02 to criminal court for prosecution as an adult.
775	783		SECTION 4.21. Section 58.0052(a)(3), Family Code, is
776	784		amended to read as follows:
777	785		(3) "Multi-system youth" means a person who:
778	786		(A) is younger than 20 [19] years of age; and
779	787		(B) has received services from two or more
780	788		juvenile service providers.
781	789		SECTION 4.22. Section 58.253(b), Family Code, is amended to
782	790		read as follows:
783	791		(b) A person who was referred to a juvenile probation
784	792		department for delinquent conduct is entitled to have all records
785	793		related to the person's juvenile matters, including records
786	794		relating to any matters involving conduct indicating a need for
787	795		supervision, sealed without applying to the juvenile court if the
788	796		person:
789	797		(1) is at least 20 [19] years of age;
790	798		(2) has not been adjudicated as having engaged in
791	799		delinquent conduct or, if adjudicated for delinquent conduct, was
792	800		not adjudicated for delinquent conduct violating a penal law of the
793	801		grade of felony;
794	802		(3) does not have any pending delinquent conduct
795	803		matters;
796	804		(4) has not been transferred by a juvenile court to a
797	805		criminal court for prosecution under Section 54.02;
798	806		(5) has not as an adult been convicted of a felony or a
799	807		misdemeanor punishable by confinement in jail; and
800	808		(6) does not have any pending charges as an adult for a
801	809		felony or a misdemeanor punishable by confinement in jail.
802	810		SECTION 4.23. Section 58.255(a), Family Code, is amended to
803	811		read as follows:
804	812		(a) A person who was referred to a juvenile court for
805	813		conduct indicating a need for supervision is entitled to have all
806	814		records related to all conduct indicating a need for supervision
807	815		matters sealed without applying to the juvenile court if the
808	816		person:
809	817		(1) has records relating to the conduct filed with the
810	818		court clerk;
811	819		(2) is at least 19 [18] years of age;
812	820		(3) has not been referred to the juvenile probation
813	821		department for delinquent conduct;
814	822		(4) has not as an adult been convicted of a felony; and
815	823		(5) does not have any pending charges as an adult for a
816	824		felony or a misdemeanor punishable by confinement in jail.
817	825		SECTION 4.24. Section 58.256(c), Family Code, is amended to
818	826		read as follows:
819	827		(c) Except as provided by Subsection (d), the juvenile court
820	828		may order the sealing of records related to all matters for which
821	829		the person was referred to the juvenile probation department if the
822	830		person:
823	831		(1) is at least 18 [17] years of age, or is younger
824	832		than 18 [17] years of age and at least one year has elapsed after the
825	833		date of final discharge in each matter for which the person was
826	834		referred to the juvenile probation department;
827	835		(2) does not have any delinquent conduct matters
828	836		pending with any juvenile probation department or juvenile court;
829	837		(3) was not transferred by a juvenile court to a
830	838		criminal court for prosecution under Section 54.02;
831	839		(4) has not as an adult been convicted of a felony; and
832	840		(5) does not have any pending charges as an adult for a
833	841		felony or a misdemeanor punishable by confinement in jail.
834	842		SECTION 4.25. Section 58.264(b), Family Code, is amended to
835	843		read as follows:
836	844		(b) The records related to a person referred to a juvenile
837	845		probation department may be destroyed if the person:
838	846		(1) is at least 19 [18] years of age, and:
839	847		(A) the most serious conduct for which the person
840	848		was referred was conduct indicating a need for supervision, whether
841	849		or not the person was adjudicated; or
842	850		(B) the referral or information did not relate to
843	851		conduct indicating a need for supervision or delinquent conduct and
844	852		the juvenile probation department, prosecutor, or juvenile court
845	853		did not take action on the referral or information for that reason;
846	854		(2) is at least 21 years of age, and:
847	855		(A) the most serious conduct for which the person
848	856		was adjudicated was delinquent conduct that violated a penal law of
849	857		the grade of misdemeanor; or
850	858		(B) the most serious conduct for which the person
851	859		was referred was delinquent conduct and the person was not
852	860		adjudicated as having engaged in the conduct; or
853	861		(3) is at least 31 years of age and the most serious
854	862		conduct for which the person was adjudicated was delinquent conduct
855	863		that violated a penal law of the grade of felony.
856	864		SECTION 4.26. Section 59.005(b), Family Code, is amended to
857	865		read as follows:
858	866		(b) The juvenile court or the probation department shall
859	867		discharge the child from the custody of the probation department on
860	868		the date the provisions of this section are met or on the child's
861	869		19th [18th] birthday, whichever is earlier.
862	870		SECTION 4.27. Section 59.006(b), Family Code, is amended to
863	871		read as follows:
864	872		(b) The juvenile court shall discharge the child from the
865	873		custody of the probation department on the date the provisions of
866	874		this section are met or on the child's 19th [18th] birthday,
867	875		whichever is earlier.
868	876		SECTION 4.28. Section 59.007(b), Family Code, is amended to
869	877		read as follows:
870	878		(b) The juvenile court shall discharge the child from the
871	879		custody of the probation department on the date the provisions of
872	880		this section are met or on the child's 19th [18th] birthday,
873	881		whichever is earlier.
874	882		SECTION 4.29. Section 59.008(b), Family Code, is amended to
875	883		read as follows:
876	884		(b) The juvenile court shall discharge the child from the
877	885		custody of the probation department on the date the provisions of
878	886		this section are met or on the child's 19th [18th] birthday,
879	887		whichever is earlier.
880	888		SECTION 4.30. Section 59.009(c), Family Code, is amended to
881	889		read as follows:
882	890		(c) The Texas Juvenile Justice Department, juvenile board,
883	891		or local juvenile probation department may discharge the child from
884	892		the custody of the department, board, or probation department, as
885	893		applicable, on the date the provisions of this section are met or on
886	894		the child's 20th [19th] birthday, whichever is earlier.
887	895		SECTION 4.31. Section 61.051(c), Family Code, is amended to
888	896		read as follows:
889	897		(c) The juvenile court retains jurisdiction to enter a
890	898		contempt order if the motion for enforcement is filed not later than
891	899		six months after the child's 19th [18th] birthday.
892	900		SECTION 4.32. Section 614.019(b), Health and Safety Code,
893	901		is amended to read as follows:
894	902		(b) A child with mental illness who is receiving continuity
895	903		of care services during parole from the Texas Juvenile Justice
896	904		Department and who is no longer eligible to receive services from a
897	905		local mental health authority when the child becomes 18 [17] years
898	906		of age because the child does not meet the requirements of a local
899	907		service area plan under Section 533.0352(a) may continue to receive
900	908		continuity of care services from the office until the child
901	909		completes the child's parole.
902	910		SECTION 4.33. Section 63.001(1), Human Resources Code, is
903	911		amended to read as follows:
904	912		(1) "Juvenile" means a person from the age of 10 to 20
905	913		[18] years who:
906	914		(A) has been found to have engaged in delinquent
907	915		conduct by a juvenile court; and
908	916		(B) is under the jurisdiction of the juvenile
909	917		court [of competent jurisdiction].
910	918		SECTION 4.34. Section 152.0015, Human Resources Code, is
911	919		amended to read as follows:
912	920		Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
913	921		JUVENILES. A juvenile board shall establish a policy that
914	922		specifies whether a person who has been transferred for criminal
915	923		prosecution under Section 54.02, Family Code, and is younger than
916	924		18 [17] years of age may be detained in a juvenile facility pending
917	925		trial as provided by Section 51.12, Family Code.
918	926		SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
919	927		is amended to read as follows:
920	928		(2) "Child" means an individual[:
921	929		[(A)] 10 years of age or older and younger than 20
922	930		[18] years of age who is under the jurisdiction of a juvenile
923	931		court[; or
924	932		[(B) 10 years of age or older and younger than 19
925	933		years of age who is committed to the department under Title 3,
926	934		Family Code].
927	935		SECTION 4.36. Section 243.001(a), Human Resources Code, is
928	936		amended to read as follows:
929	937		(a) The department may not assign a child younger than 16
930	938		[15] years of age to the same correctional facility dormitory as a
931	939		person who is at least 18 [17] years of age unless the department
932	940		determines that the placement is necessary to ensure the safety of
933	941		children in the custody of the department. This subsection does not
934	942		apply to a dormitory that is used exclusively for short-term
935	943		assessment and orientation purposes.
936	944		SECTION 4.37. Section 243.051(b), Human Resources Code, is
937	945		amended to read as follows:
938	946		(b) A child who is arrested or taken into custody under
939	947		Subsection (a) may be detained in any suitable place, including an
940	948		adult jail facility if the person is 18 [17] years of age or older,
941	949		until the child is returned to the custody of the department or
942	950		transported to a department facility.
943	951		SECTION 4.38. Section 244.014(a), Human Resources Code, is
944	952		amended to read as follows:
945	953		(a) After a child sentenced to commitment under Section
946	954		54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
947	955		years of age but before the child becomes 20 [19] years of age, the
948	956		department may refer the child to the juvenile court that entered
949	957		the order of commitment for approval of the child's transfer to the
950	958		Texas Department of Criminal Justice for confinement if:
951	959		(1) the child has not completed the sentence; and
952	960		(2) the child's conduct, regardless of whether the
953	961		child was released under supervision under Section 245.051,
954	962		indicates that the welfare of the community requires the transfer.
955	963		SECTION 4.39. Section 244.015, Human Resources Code, is
956	964		amended to read as follows:
957	965		Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
958	966		DETERMINATE SENTENCES. (a) When a child who is sentenced to
959	967		commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
960	968		Family Code, becomes 19 [18] years of age, the department shall
961	969		evaluate whether the child is in need of additional services that
962	970		can be completed in the six-month period after the child's 19th
963	971		[18th] birthday to prepare the child for release from the custody of
964	972		the department or transfer to the Texas Department of Criminal
965	973		Justice.
966	974		(b) This section does not apply to a child who is released
967	975		from the custody of the department or who is transferred to the
968	976		Texas Department of Criminal Justice before the child's 19th [18th]
969	977		birthday.
970	978		SECTION 4.40. Section 245.053(i), Human Resources Code, is
971	979		amended to read as follows:
972	980		(i) If the department requires as a condition of release
973	981		that a child attend psychological counseling under Subsection (a),
974	982		the department may, before the date the period of release ends,
975	983		petition the appropriate court to request the court to extend the
976	984		period of release for an additional period necessary to complete
977	985		the required counseling as determined by the treatment provider,
978	986		except that the release period may not be extended to a date after
979	987		the date of the child's 19th [18th] birthday.
980	988		SECTION 4.41. Sections 245.151(d) and (e), Human Resources
981	989		Code, are amended to read as follows:
982	990		(d) Except as provided by Subsection (e), the department
983	991		shall discharge from its custody a person not already discharged on
984	992		the person's 20th [19th] birthday.
985	993		(e) The department shall transfer a person who has been
986	994		sentenced under a determinate sentence to commitment under Section
987	995		54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
988	996		returned to the department under Section 54.11(i)(1), Family Code,
989	997		to the custody of the Texas Department of Criminal Justice on the
990	998		person's 20th [19th] birthday, if the person has not already been
991	999		discharged or transferred, to serve the remainder of the person's
992	1000		sentence on parole as provided by Section 508.156, Government Code.
993	1001		SECTION 4.42. (a) Except as provided by Subsection (b) of
994	1002		this section, the changes in law made by this article apply only to
995	1003		procedures relating to conduct that occurs on or after September 1,
996		-	~~2023~~. Procedures relating to conduct that occurred before
997		-	September 1, ~~2023~~, are governed by the law in effect on the date the
	1004	+	2022. Procedures relating to conduct that occurred before
	1005	+	September 1, 2022, are governed by the law in effect on the date the
998	1006		conduct occurred, and the former law is continued in effect for that
999	1007		purpose.
1000	1008		(b) The change in law made by this article to Section
1001	1009		58.0052, Family Code, applies to the sharing of information on or
1002		-	after September 1, ~~2023~~, without regard to whether the information
	1010	+	after September 1, 2022, without regard to whether the information
1003	1011		was compiled before, on, or after that date.
1004	1012		(c) For purposes of this section, conduct occurred before
1005		-	September 1, ~~2023~~, if any element of the conduct occurred before
	1013	+	September 1, 2022, if any element of the conduct occurred before
1006	1014		that date.
1007	1015		ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1008	1016		RESPONSIBILITY
1009	1017		SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1010	1018		is amended to read as follows:
1011	1019		(5) "Confidential criminal record information of a
1012	1020		child" means information about a person's involvement in the
1013	1021		criminal justice system resulting from conduct that occurred or was
1014	1022		alleged to occur when the person was younger than 18 [17] years of
1015	1023		age that is confidential under Chapter 45, Code of Criminal
1016	1024		Procedure, or other law. The term does not include:
1017	1025		(A) criminal record information of a person
1018	1026		certified to stand trial as an adult for that conduct, as provided
1019	1027		by Section 54.02, Family Code; or
1020	1028		(B) information relating to a traffic offense.
1021	1029		SECTION 5.02. Section 65.251(b), Family Code, is amended to
1022	1030		read as follows:
1023	1031		(b) If a child fails to obey an order issued by a truancy
1024	1032		court under Section 65.103(a) or a child is in direct contempt of
1025	1033		court and the child has failed to obey an order or has been found in
1026	1034		direct contempt of court on two or more previous occasions, the
1027	1035		truancy court, after providing notice and an opportunity for a
1028	1036		hearing, may refer the child to the juvenile probation department
1029	1037		as a request for truancy intervention, unless the child failed to
1030	1038		obey the truancy court order or was in direct contempt of court
1031	1039		while 18 [17] years of age or older.
1032	1040		SECTION 5.03. Section 79.001(10), Government Code, is
1033	1041		amended to read as follows:
1034	1042		(10) "Juvenile offense" means conduct committed by a
1035	1043		person while younger than 18 [17] years of age that constitutes:
1036	1044		(A) a misdemeanor punishable by confinement; or
1037	1045		(B) a felony.
1038	1046		SECTION 5.04. Section 511.009(a), Government Code, is
1039	1047		amended to read as follows:
1040	1048		(a) The commission shall:
1041	1049		(1) adopt reasonable rules and procedures
1042	1050		establishing minimum standards for the construction, equipment,
1043	1051		maintenance, and operation of county jails;
1044	1052		(2) adopt reasonable rules and procedures
1045	1053		establishing minimum standards for the custody, care, and treatment
1046	1054		of prisoners;
1047	1055		(3) adopt reasonable rules establishing minimum
1048	1056		standards for the number of jail supervisory personnel and for
1049	1057		programs and services to meet the needs of prisoners;
1050	1058		(4) adopt reasonable rules and procedures
1051	1059		establishing minimum requirements for programs of rehabilitation,
1052	1060		education, and recreation in county jails;
1053	1061		(5) revise, amend, or change rules and procedures if
1054	1062		necessary;
1055	1063		(6) provide to local government officials
1056	1064		consultation on and technical assistance for county jails;
1057	1065		(7) review and comment on plans for the construction
1058	1066		and major modification or renovation of county jails;
1059	1067		(8) require that the sheriff and commissioners of each
1060	1068		county submit to the commission, on a form prescribed by the
1061	1069		commission, an annual report on the conditions in each county jail
1062	1070		within their jurisdiction, including all information necessary to
1063	1071		determine compliance with state law, commission orders, and the
1064	1072		rules adopted under this chapter;
1065	1073		(9) review the reports submitted under Subdivision (8)
1066	1074		and require commission employees to inspect county jails regularly
1067	1075		to ensure compliance with state law, commission orders, and rules
1068	1076		and procedures adopted under this chapter;
1069	1077		(10) adopt a classification system to assist sheriffs
1070	1078		and judges in determining which defendants are low-risk and
1071	1079		consequently suitable participants in a county jail work release
1072	1080		program under Article 42.034, Code of Criminal Procedure;
1073	1081		(11) adopt rules relating to requirements for
1074	1082		segregation of classes of inmates and to capacities for county
1075	1083		jails;
1076	1084		(12) require that the chief jailer of each municipal
1077	1085		lockup submit to the commission, on a form prescribed by the
1078	1086		commission, an annual report of persons under 18 [17] years of age
1079	1087		securely detained in the lockup, including all information
1080	1088		necessary to determine compliance with state law concerning secure
1081	1089		confinement of children in municipal lockups;
1082	1090		(13) at least annually determine whether each county
1083	1091		jail is in compliance with the rules and procedures adopted under
1084	1092		this chapter;
1085	1093		(14) require that the sheriff and commissioners court
1086	1094		of each county submit to the commission, on a form prescribed by the
1087	1095		commission, an annual report of persons under 18 [17] years of age
1088	1096		securely detained in the county jail, including all information
1089	1097		necessary to determine compliance with state law concerning secure
1090	1098		confinement of children in county jails;
1091	1099		(15) schedule announced and unannounced inspections
1092	1100		of jails under the commission's jurisdiction using the risk
1093	1101		assessment plan established under Section 511.0085 to guide the
1094	1102		inspections process;
1095	1103		(16) adopt a policy for gathering and distributing to
1096	1104		jails under the commission's jurisdiction information regarding:
1097	1105		(A) common issues concerning jail
1098	1106		administration;
1099	1107		(B) examples of successful strategies for
1100	1108		maintaining compliance with state law and the rules, standards, and
1101	1109		procedures of the commission; and
1102	1110		(C) solutions to operational challenges for
1103	1111		jails;
1104	1112		(17) report to the Texas Correctional Office on
1105	1113		Offenders with Medical or Mental Impairments on a jail's compliance
1106	1114		with Article 16.22, Code of Criminal Procedure;
1107	1115		(18) adopt reasonable rules and procedures
1108	1116		establishing minimum requirements for a county jail to:
1109	1117		(A) determine if a prisoner is pregnant;
1110	1118		(B) ensure that the jail's health services plan
1111	1119		addresses medical care, including obstetrical and gynecological
1112	1120		care, mental health care, nutritional requirements, and any special
1113	1121		housing or work assignment needs for prisoners who are known or
1114	1122		determined to be pregnant; and
1115	1123		(C) identify when a pregnant prisoner is in labor
1116	1124		and provide appropriate care to the prisoner, including promptly
1117	1125		transporting the prisoner to a local hospital;
1118	1126		(19) provide guidelines to sheriffs regarding
1119	1127		contracts between a sheriff and another entity for the provision of
1120	1128		food services to or the operation of a commissary in a jail under
1121	1129		the commission's jurisdiction, including specific provisions
1122	1130		regarding conflicts of interest and avoiding the appearance of
1123	1131		impropriety;
1124	1132		(20) adopt reasonable rules and procedures
1125	1133		establishing minimum standards for prisoner visitation that
1126	1134		provide each prisoner at a county jail with a minimum of two
1127	1135		in-person, noncontact visitation periods per week of at least 20
1128	1136		minutes duration each;
1129	1137		(21) require the sheriff of each county to:
1130	1138		(A) investigate and verify the veteran status of
1131	1139		each prisoner by using data made available from the Veterans
1132	1140		Reentry Search Service (VRSS) operated by the United States
1133	1141		Department of Veterans Affairs or a similar service; and
1134	1142		(B) use the data described by Paragraph (A) to
1135	1143		assist prisoners who are veterans in applying for federal benefits
1136	1144		or compensation for which the prisoners may be eligible under a
1137	1145		program administered by the United States Department of Veterans
1138	1146		Affairs;
1139	1147		(22) adopt reasonable rules and procedures regarding
1140	1148		visitation of a prisoner at a county jail by a guardian, as defined
1141	1149		by Section 1002.012, Estates Code, that:
1142	1150		(A) allow visitation by a guardian to the same
1143	1151		extent as the prisoner's next of kin, including placing the
1144	1152		guardian on the prisoner's approved visitors list on the guardian's
1145	1153		request and providing the guardian access to the prisoner during a
1146	1154		facility's standard visitation hours if the prisoner is otherwise
1147	1155		eligible to receive visitors; and
1148	1156		(B) require the guardian to provide the sheriff
1149	1157		with letters of guardianship issued as provided by Section
1150	1158		1106.001, Estates Code, before being allowed to visit the prisoner;
1151	1159		(23) adopt reasonable rules and procedures to ensure
1152	1160		the safety of prisoners, including rules and procedures that
1153	1161		require a county jail to:
1154	1162		(A) give prisoners the ability to access a mental
1155	1163		health professional at the jail or through a telemental health
1156	1164		service 24 hours a day or, if a mental health professional is not at
1157	1165		the county jail at the time, then require the jail to use all
1158	1166		reasonable efforts to arrange for the inmate to have access to a
1159	1167		mental health professional within a reasonable time;
1160	1168		(B) give prisoners the ability to access a health
1161	1169		professional at the jail or through a telehealth service 24 hours a
1162	1170		day or, if a health professional is unavailable at the jail or
1163	1171		through a telehealth service, provide for a prisoner to be
1164	1172		transported to access a health professional; and
1165	1173		(C) if funding is available under Section
1166	1174		511.019, install automated electronic sensors or cameras to ensure
1167	1175		accurate and timely in-person checks of cells or groups of cells
1168	1176		confining at-risk individuals; and
1169	1177		(24) adopt reasonable rules and procedures
1170	1178		establishing minimum standards for the quantity and quality of
1171	1179		feminine hygiene products, including tampons in regular and large
1172	1180		sizes and menstrual pads with wings in regular and large sizes,
1173	1181		provided to a female prisoner.
1174	1182		SECTION 5.05. Section 351.903(a), Local Government Code, is
1175	1183		amended to read as follows:
1176	1184		(a) To provide for the public safety, the commissioners
1177	1185		court of a county by order may adopt a curfew to regulate the
1178	1186		movements or actions of persons under 18 [17] years of age during
1179	1187		the period beginning one-half hour after sunset and extending until
1180	1188		one-half hour before sunrise or during school hours, or both. The
1181	1189		order applies only to the unincorporated area of the county.
1182	1190		SECTION 5.06. Section 521.201, Transportation Code, is
1183	1191		amended to read as follows:
1184	1192		Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1185	1193		department may not issue any license to a person who:
1186	1194		(1) is under 15 years of age;
1187	1195		(2) is under 18 years of age unless the person complies
1188	1196		with the requirements imposed by Section 521.204;
1189	1197		(3) is shown to be addicted to the use of alcohol, a
1190	1198		controlled substance, or another drug that renders a person
1191	1199		incapable of driving;
1192	1200		(4) holds a driver's license issued by this state or
1193	1201		another state or country that is revoked, canceled, or under
1194	1202		suspension;
1195	1203		(5) has been determined by a judgment of a court to be
1196	1204		totally incapacitated or incapacitated to act as the operator of a
1197	1205		motor vehicle unless the person has, by the date of the license
1198	1206		application, been:
1199	1207		(A) restored to capacity by judicial decree; or
1200	1208		(B) released from a hospital for the mentally
1201	1209		incapacitated on a certificate by the superintendent or
1202	1210		administrator of the hospital that the person has regained
1203	1211		capacity;
1204	1212		(6) the department determines to be afflicted with a
1205	1213		mental or physical disability or disease that prevents the person
1206	1214		from exercising reasonable and ordinary control over a motor
1207	1215		vehicle while operating the vehicle on a highway, except that a
1208	1216		person may not be refused a license because of a physical defect if
1209	1217		common experience shows that the defect does not incapacitate a
1210	1218		person from safely operating a motor vehicle;
1211	1219		(7) has been reported by a court under Section
1212	1220		521.3452 for failure to appear unless the court has filed an
1213	1221		additional report on final disposition of the case; or
1214	1222		(8) has been reported by a court for failure to appear
1215	1223		or default in payment of a fine for a misdemeanor that is not
1216	1224		covered under Subdivision (7) and that is punishable by a fine only,
1217	1225		including a misdemeanor under a municipal ordinance, committed by a
1218	1226		person who was under 18 [17] years of age at the time of the alleged
1219	1227		offense, unless the court has filed an additional report on final
1220	1228		disposition of the case.
1221	1229		SECTION 5.07. Section 65.251(b), Family Code, and Section
1222	1230		521.201, Transportation Code, as amended by this article, apply
1223	1231		only to an offense committed or conduct that occurred on or after
1224		-	September 1, ~~2023~~. An offense committed or conduct that occurred
1225		-	before September 1, ~~2023~~, is governed by the law in effect on the
	1232	+	September 1, 2022. An offense committed or conduct that occurred
	1233	+	before September 1, 2022, is governed by the law in effect on the
1226	1234		date the offense was committed or the conduct occurred, and the
1227	1235		former law is continued in effect for that purpose. For purposes of
1228	1236		this section, an offense was committed or conduct occurred before
1229		-	September 1, ~~2023~~, if any element of the offense or conduct occurred
	1237	+	September 1, 2022, if any element of the offense or conduct occurred
1230	1238		before that date.
1231	1239		ARTICLE 6. ADVISORY COMMITTEE
1232	1240		SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1233	1241		Not later than December 1, 2021, the Texas Juvenile Justice Board
1234	1242		shall appoint an advisory committee to monitor and evaluate
1235	1243		implementation of this Act.
1236	1244		(b) In making appointments to the advisory committee, the
1237	1245		board shall include members who are interested parties, including:
1238	1246		(1) the executive director of the Texas Juvenile
1239	1247		Justice Department or the executive director's designee;
1240	1248		(2) the director of probation services of the Texas
1241	1249		Juvenile Justice Department or the director's designee;
1242	1250		(3) the executive commissioner of the Health and Human
1243	1251		Services Commission or the executive commissioner's designee;
1244	1252		(4) one representative of county commissioners courts
1245	1253		appointed by the board;
1246	1254		(5) two juvenile court judges appointed by the board;
1247	1255		(6) seven chief juvenile probation officers appointed
1248	1256		by the board as provided by Subsection (c) of this section;
1249	1257		(7) juvenile prosecutors;
1250	1258		(8) juvenile defense attorneys;
1251	1259		(9) juvenile justice advocates; and
1252	1260		(10) individuals who were adjudicated for juvenile
1253	1261		offenses in this state or who were prosecuted as adults for offenses
1254	1262		committed when they were 17 years old, or their family members.
1255	1263		(c) The board shall appoint to the advisory committee one
1256	1264		chief juvenile probation officer from each regional chiefs
1257	1265		association in this state from a list of nominees submitted to the
1258	1266		board by each regional chiefs association. To the greatest extent
1259	1267		practicable, a regional chiefs association shall include in the
1260	1268		association's list of nominees:
1261	1269		(1) one chief juvenile probation officer of a juvenile
1262	1270		probation department serving a county with a population that
1263	1271		includes fewer than 7,500 persons younger than 18 years of age;
1264	1272		(2) one chief juvenile probation officer of a juvenile
1265	1273		probation department serving a county with a population that
1266	1274		includes at least 7,500 but fewer than 80,000 persons younger than
1267	1275		18 years of age; and
1268	1276		(3) one chief juvenile probation officer of a juvenile
1269	1277		probation department serving a county with a population that
1270	1278		includes 80,000 or more persons younger than 18 years of age.
1271	1279		(d) The board shall designate one of the members as
1272	1280		presiding officer of the advisory committee.
1273	1281		(e) The advisory committee shall assist the Texas Juvenile
1274	1282		Justice Department in evaluating and monitoring the implementation
1275	1283		of this Act, which includes determining the needs and problems of
1276	1284		county juvenile boards and probation departments, and offer
1277	1285		recommendations to meet identified needs and problems.
1278	1286		(f) Members of the advisory committee serve without
1279	1287		compensation and are not entitled to reimbursement for expenses.
1280	1288		(g) The advisory committee is not subject to Chapter 2110,
1281	1289		Government Code.
1282	1290		(h) The advisory committee is abolished and this article
1283		-	expires June 1, ~~2024~~.
	1291	+	expires June 1, 2023.
1284	1292		ARTICLE 7. EFFECTIVE DATES
1285	1293		SECTION 7.01. (a) Except as provided by Subsection (b) of
1286		-	this section, this Act takes effect September 1, ~~2023~~.
	1294	+	this section, this Act takes effect September 1, 2022.
1287	1295		(b) Article 6 of this Act takes effect September 1, 2021.