Texas 2021 - 87th Regular

Texas Senate Bill SB1486 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, West S.B. No. 1486
2		-	Whitmire
	1	+	By: Hughes S.B. No. 1486
	2	+	(In the Senate - Filed March 10, 2021; March 24, 2021, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	May 6, 2021, reported favorably by the following vote: Yeas 6,
	5	+	Nays 0; May 6, 2021, sent to printer.)
	6	+	Click here to see the committee vote
3	7
4	8
5	9		A BILL TO BE ENTITLED
6	10		AN ACT
7	11		relating to the repeal of the authority of political subdivisions
8	12		to adopt or enforce juvenile curfews.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Article 45.045(c), Code of Criminal Procedure,
11	15		is amended to read as follows:
12	16		(c) This article does not limit the authority of a court to
13	17		order a child taken into custody under Article 45.058 [or 45.059].
14	18		SECTION 2. Article 45.060(a), Code of Criminal Procedure,
15	19		is amended to read as follows:
16	20		(a) Except as provided by Article [Articles] 45.058 [and
17	21		45.059], an individual may not be taken into secured custody for
18	22		offenses alleged to have occurred before the individual's 17th
19	23		birthday.
20	24		SECTION 3. Section 51.02(15), Family Code, is amended to
21	25		read as follows:
22	26		(15) "Status offender" means a child who is accused,
23	27		adjudicated, or convicted for conduct that would not, under state
24	28		law, be a crime if committed by an adult, including:
25	29		(A) running away from home under Section
26	30		51.03(b)(2);
27	31		(B) a fineable only offense under Section
28	32		51.03(b)(1) transferred to the juvenile court under Section
29	33		51.08(b), but only if the conduct constituting the offense would
30	34		not have been criminal if engaged in by an adult;
31	35		(C) a violation of standards of student conduct
32	36		as described by Section 51.03(b)(4);
33	37		(D) [a violation of a juvenile curfew ordinance
34	38		or order;
35	39		[(E)] a violation of a provision of the Alcoholic
36	40		Beverage Code applicable to minors only; or
37	41		(E) [(F)] a violation of any other fineable only
38	42		offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
39	43		conduct constituting the offense would not have been criminal if
40	44		engaged in by an adult.
41	45		SECTION 4. Section 38.003(a), Government Code, is amended
42	46		to read as follows:
43	47		(a) The judge of a county, justice, or municipal court, in
44	48		accordance with Section 38.002, may award money from a judicial
45	49		donation trust fund established under Section 38.001 to eligible
46	50		children or families who appear before the court for a truancy [or
47	51		curfew] violation or in another misdemeanor offense proceeding
48	52		before the court.
49	53		SECTION 5. Section 71.0352, Government Code, is amended to
50	54		read as follows:
51	55		Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
52	56		TRUANCY COURTS. As a component of the official monthly report
53	57		submitted to the Office of Court Administration of the Texas
54	58		Judicial System:
55	59		(1) a justice court, municipal court, or truancy court
56	60		shall report the number of cases filed for:
57	61		(A) truant conduct under Section 65.003(a),
58	62		Family Code; and
59	63		(B) the offense of parent contributing to
60	64		nonattendance under Section 25.093, Education Code; and
61	65		[(C) a violation of a local daytime curfew
62	66		ordinance adopted under Section 341.905 or 351.903, Local
63	67		Government Code; and]
64	68		(2) in cases in which a child fails to obey an order of
65	69		a justice court, municipal court, or truancy court under
66	70		circumstances that would constitute contempt of court, the justice
67	71		court, municipal court, or truancy court shall report the number of
68	72		incidents in which the child is:
69	73		(A) referred to the appropriate juvenile court
70	74		for delinquent conduct as provided by Article 45.050(c)(1), Code of
71	75		Criminal Procedure, or Section 65.251, Family Code; or
72	76		(B) held in contempt, fined, or denied driving
73	77		privileges as provided by Article 45.050(c)(2), Code of Criminal
74	78		Procedure, or Section 65.251, Family Code.
75	79		SECTION 6. Chapter 370, Local Government Code, is amended
76	80		by adding Section 370.007 to read as follows:
77	81		Sec. 370.007. JUVENILE CURFEWS PROHIBITED. (a)
78	82		Notwithstanding any other law, a political subdivision may not
79	83		adopt or enforce an order, ordinance, or other measure that imposes
80	84		a curfew to regulate the movements or actions of persons younger
81	85		than 18 years of age.
82	86		(b) This section does not apply to a curfew implemented
83	87		under Chapter 418, Government Code, for purposes of emergency
84	88		management.
85	89		SECTION 7. Section 8.07(e), Penal Code, is amended to read
86	90		as follows:
87	91		(e) A person who is at least 10 years of age but younger than
88	92		15 years of age is presumed incapable of committing an offense
89	93		described by Subsection (a)(4) or (5)[, other than an offense under
90	94		a juvenile curfew ordinance or order]. This presumption may be
91	95		refuted if the prosecution proves to the court by a preponderance of
92	96		the evidence that the actor had sufficient capacity to understand
93	97		that the conduct engaged in was wrong at the time the conduct was
94	98		engaged in. The prosecution is not required to prove that the actor
95	99		at the time of engaging in the conduct knew that the act was a
96	100		criminal offense or knew the legal consequences of the offense.
97	101		SECTION 8. The following provisions are repealed:
98	102		(1) Article 45.059, Code of Criminal Procedure;
99	103		(2) Section 341.905, Local Government Code;
100	104		(3) Section 351.903, Local Government Code; and
101	105		(4) Section 370.002, Local Government Code.
102	106		SECTION 9. A violation of a juvenile curfew ordinance or
103	107		order may not be prosecuted or adjudicated after the effective date
104	108		of this Act. If on the effective date of this Act a criminal or
105	109		civil action is pending for a violation of a juvenile curfew
106	110		ordinance or order, the action is dismissed on that date. However,
107	111		a final conviction or adjudication for a violation of a juvenile
108	112		curfew ordinance or order that exists on the effective date of this
109	113		Act is unaffected by this Act.
110	114		SECTION 10. This Act takes effect September 1, 2021.
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