Texas 2021 - 87th Regular

Texas Senate Bill SB2190 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Whitmire S.B. No. 2190
	2	+	(In the Senate - Filed April 7, 2021; April 12, 2021, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 21, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; April 21, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2190 By: Whitmire
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the prosecution and detention of a juvenile who engages
7	14		in delinquent conduct or commits a felony offense while committed
8	15		to the custody of the Texas Juvenile Justice Department.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Section 53.045(a), Family Code, is amended to
11	18		read as follows:
12	19		(a) Except as provided by Subsection (e), the prosecuting
13	20		attorney may refer the petition to the grand jury of the county in
14	21		which the court in which the petition is filed presides if the
15	22		petition alleges that the child engaged in delinquent conduct that:
16	23		(1) constitutes habitual felony conduct as described
17	24		by Section 51.031;
18	25		(2) [or that] included the violation of any of the
19	26		following provisions:
20	27		(A) [(1)] Section 19.02, Penal Code (murder);
21	28		(B) [(2)] Section 19.03, Penal Code (capital
22	29		murder);
23	30		(C) [(3)] Section 19.04, Penal Code
24	31		(manslaughter);
25	32		(D) [(4)] Section 20.04, Penal Code (aggravated
26	33		kidnapping);
27	34		(E) [(5)] Section 22.011, Penal Code (sexual
28	35		assault) or Section 22.021, Penal Code (aggravated sexual assault);
29	36		(F) [(6)] Section 22.02, Penal Code (aggravated
30	37		assault);
31	38		(G) [(7)] Section 29.03, Penal Code (aggravated
32	39		robbery);
33	40		(H) [(8)] Section 22.04, Penal Code (injury to a
34	41		child, elderly individual, or disabled individual), if the offense
35	42		is punishable as a felony, other than a state jail felony;
36	43		(I) [(9)] Section 22.05(b), Penal Code (felony
37	44		deadly conduct involving discharging a firearm);
38	45		(J) [(10)] Subchapter D, Chapter 481, Health and
39	46		Safety Code, if the conduct constitutes a felony of the first degree
40	47		or an aggravated controlled substance felony (certain offenses
41	48		involving controlled substances);
42	49		(K) [(11)] Section 15.03, Penal Code (criminal
43	50		solicitation);
44	51		(L) [(12)] Section 21.11(a)(1), Penal Code
45	52		(indecency with a child);
46	53		(M) [(13)] Section 15.031, Penal Code (criminal
47	54		solicitation of a minor);
48	55		(N) [(14)] Section 15.01, Penal Code (criminal
49	56		attempt), if the offense attempted was an offense under Section
50	57		19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
51	58		murder), or an offense listed by Article 42A.054(a), Code of
52	59		Criminal Procedure;
53	60		(O) [(15)] Section 28.02, Penal Code (arson), if
54	61		bodily injury or death is suffered by any person by reason of the
55	62		commission of the conduct;
56	63		(P) [(16)] Section 49.08, Penal Code
57	64		(intoxication manslaughter); or
58	65		(Q) [(17)] Section 15.02, Penal Code (criminal
59	66		conspiracy), if the offense made the subject of the criminal
60	67		conspiracy includes a violation of any of the provisions referenced
61	68		in Paragraphs (A) through (P); or
62	69		(3) constitutes a felony of the first, second, or
63	70		third degree committed while the child was committed to the Texas
64	71		Juvenile Justice Department [Subdivisions (1) through (16)].
65	72		SECTION 2. Section 245.101, Human Resources Code, is
66	73		amended by amending Subsection (a) and adding Subsection (a-1) to
67	74		read as follows:
68	75		(a) Except as provided by Subsection (a-1), after [After] a
69	76		child who is committed to the department without a determinate
70	77		sentence completes the minimum length of stay established by the
71	78		department for the child under Section 243.002, the department
72	79		shall, in the manner provided by this section and Section 245.102:
73	80		(1) discharge the child from the custody of the
74	81		department;
75	82		(2) release the child under supervision under Section
76	83		245.051; or
77	84		(3) extend the length of the child's stay in the
78	85		custody of the department.
79	86		(a-1) The department may not discharge a child from the
80	87		custody of the department or release a child under supervision as
81	88		provided by Subsection (a) if the child:
82	89		(1) is alleged by a pending petition to have engaged in
83	90		delinquent conduct during the child's commitment to the department;
84	91		or
85	92		(2) is under indictment for a felony committed during
86	93		the child's commitment to the department.
87	94		SECTION 3. Section 245.102(a), Human Resources Code, is
88	95		amended to read as follows:
89	96		(a) A panel may extend the length of the child's stay as
90	97		provided by Section 245.101(a)(3) only if:
91	98		(1) the panel determines by majority vote and on the
92	99		basis of clear and convincing evidence that:
93	100		(A) [(1)] the child is in need of additional
94	101		rehabilitation from the department; and
95	102		(B) [(2)] the department will provide the most
96	103		suitable environment for that rehabilitation; or
97	104		(2) the child:
98	105		(A) is alleged by a pending petition to have
99	106		engaged in delinquent conduct during the child's commitment to the
100	107		department; or
101	108		(B) is under indictment for a felony committed
102	109		during the child's commitment to the department.
103	110		SECTION 4. This Act applies only to conduct that occurs or
104	111		an offense committed on or after the effective date of this Act.
105	112		Conduct that occurs or an offense committed before the effective
106	113		date of this Act is governed by the law in effect on the date the
107	114		conduct occurred or the offense was committed, and the former law is
108	115		continued in effect for that purpose. For the purposes of this
109	116		section, conduct occurred or an offense was committed before the
110	117		effective date of this Act if any element of the conduct or offense
111	118		occurred before that date.
112	119		SECTION 5. This Act takes effect September 1, 2021.
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