Texas 2023 - 88th Regular

Texas House Bill HB1819 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1819
2	2
3	3
4	4	AN ACT
5	5	relating to the repeal of the authority of political subdivisions
6	6	to adopt or enforce juvenile curfews.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 45.045(c), Code of Criminal Procedure,
9	9	is amended to read as follows:
10	10	(c) This article does not limit the authority of a court to
11	11	order a child taken into custody under Article 45.058 [or 45.059].
12	12	SECTION 2. Article 45.060(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) Except as provided by Article [Articles] 45.058 [and
15	15	45.059], an individual may not be taken into secured custody for
16	16	offenses alleged to have occurred before the individual's 17th
17	17	birthday.
18	18	SECTION 3. Section 51.02(15), Family Code, is amended to
19	19	read as follows:
20	20	(15) "Status offender" means a child who is accused,
21	21	adjudicated, or convicted for conduct that would not, under state
22	22	law, be a crime if committed by an adult, including:
23	23	(A) running away from home under Section
24	24	51.03(b)(2);
25	25	(B) a fineable only offense under Section
26	26	51.03(b)(1) transferred to the juvenile court under Section
27	27	51.08(b), but only if the conduct constituting the offense would
28	28	not have been criminal if engaged in by an adult;
29	29	(C) a violation of standards of student conduct
30	30	as described by Section 51.03(b)(4);
31	31	(D) [a violation of a juvenile curfew ordinance
32	32	or order;
33	33	[(E)] a violation of a provision of the Alcoholic
34	34	Beverage Code applicable to minors only; or
35	35	(E) [(F)] a violation of any other fineable only
36	36	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
37	37	conduct constituting the offense would not have been criminal if
38	38	engaged in by an adult.
39	39	SECTION 4. Section 38.003(a), Government Code, is amended
40	40	to read as follows:
41	41	(a) The judge of a county, justice, or municipal court, in
42	42	accordance with Section 38.002, may award money from a judicial
43	43	donation trust fund established under Section 38.001 to eligible
44	44	children or families who appear before the court for a truancy [or
45	45	curfew] violation or in another misdemeanor offense proceeding
46	46	before the court.
47	47	SECTION 5. Section 71.0352, Government Code, is amended to
48	48	read as follows:
49	49	Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
50	50	TRUANCY COURTS. As a component of the official monthly report
51	51	submitted to the Office of Court Administration of the Texas
52	52	Judicial System:
53	53	(1) a justice court, municipal court, or truancy court
54	54	shall report the number of cases filed for:
55	55	(A) truant conduct under Section 65.003(a),
56	56	Family Code; and
57	57	(B) the offense of parent contributing to
58	58	nonattendance under Section 25.093, Education Code; and
59	59	[(C) a violation of a local daytime curfew
60	60	ordinance adopted under Section 341.905 or 351.903, Local
61	61	Government Code; and]
62	62	(2) in cases in which a child fails to obey an order of
63	63	a justice court, municipal court, or truancy court under
64	64	circumstances that would constitute contempt of court, the justice
65	65	court, municipal court, or truancy court shall report the number of
66	66	incidents in which the child is:
67	67	(A) referred to the appropriate juvenile court
68	68	for delinquent conduct as provided by Article 45.050(c)(1), Code of
69	69	Criminal Procedure, or Section 65.251, Family Code; or
70	70	(B) held in contempt, fined, or denied driving
71	71	privileges as provided by Article 45.050(c)(2), Code of Criminal
72	72	Procedure, or Section 65.251, Family Code.
73	73	SECTION 6. Chapter 370, Local Government Code, is amended
74	74	by adding Section 370.007 to read as follows:
75	75	Sec. 370.007. JUVENILE CURFEWS PROHIBITED. (a)
76	76	Notwithstanding any other law, a political subdivision may not
77	77	adopt or enforce an order, ordinance, or other measure that imposes
78	78	a curfew to regulate the movements or actions of persons younger
79	79	than 18 years of age.
80	80	(b) This section does not apply to a curfew implemented
81	81	under Chapter 418, Government Code, for purposes of emergency
82	82	management.
83	83	SECTION 7. Section 8.07(e), Penal Code, is amended to read
84	84	as follows:
85	85	(e) A person who is at least 10 years of age but younger than
86	86	15 years of age is presumed incapable of committing an offense
87	87	described by Subsection (a)(4) or (5)[, other than an offense under
88	88	a juvenile curfew ordinance or order]. This presumption may be
89	89	refuted if the prosecution proves to the court by a preponderance of
90	90	the evidence that the actor had sufficient capacity to understand
91	91	that the conduct engaged in was wrong at the time the conduct was
92	92	engaged in. The prosecution is not required to prove that the actor
93	93	at the time of engaging in the conduct knew that the act was a
94	94	criminal offense or knew the legal consequences of the offense.
95	95	SECTION 8. The following provisions are repealed:
96	96	(1) Article 45.059, Code of Criminal Procedure;
97	97	(2) Section 341.905, Local Government Code;
98	98	(3) Section 351.903, Local Government Code; and
99	99	(4) Section 370.002, Local Government Code.
100	100	SECTION 9. A violation of a juvenile curfew ordinance or
101	101	order may not be prosecuted or adjudicated after the effective date
102	102	of this Act. If on the effective date of this Act a criminal or
103	103	civil action is pending for a violation of a juvenile curfew
104	104	ordinance or order, the action is dismissed on that date. However,
105	105	a final conviction or adjudication for a violation of a juvenile
106	106	curfew ordinance or order that exists on the effective date of this
107	107	Act is unaffected by this Act.
108	108	SECTION 10. This Act takes effect September 1, 2023.
109	109	______________________________ ______________________________
110	110	President of the Senate Speaker of the House
111	111	I certify that H.B. No. 1819 was passed by the House on May 4,
112	112	2023, by the following vote: Yeas 114, Nays 28, 1 present, not
113	113	voting.
114	114	______________________________
115	115	Chief Clerk of the House
116	116	I certify that H.B. No. 1819 was passed by the Senate on May
117	117	17, 2023, by the following vote: Yeas 31, Nays 0.
118	118	______________________________
119	119	Secretary of the Senate
120	120	APPROVED: _____________________
121	121	Date
122	122	_____________________
123	123	Governor