88R5806 MCF-D
By: Leach H.B. No. 2687
A BILL TO BE ENTITLED
AN ACT
relating to the age at which a juvenile court may exercise
jurisdiction over a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.02(2), Family Code, is amended to
read as follows:
(2) "Child" means a person who is:
(A) 10 years of age or older and under 13 years of
age who is alleged or found to have engaged in conduct that contains
the elements of any of the following offenses under the Penal Code:
(i) aggravated assault under Section 22.02,
sexual assault under Section 22.011, or aggravated sexual assault
under Section 22.021;
(ii) arson under Section 28.02;
(iii) murder under Section 19.02, capital
murder under Section 19.03, or criminal attempt under Section 15.01
to commit murder or capital murder;
(iv) indecency with a child under Section
21.11;
(v) aggravated kidnapping under Section
20.04;
(vi) aggravated robbery under Section
29.03;
(vii) manslaughter under Section 19.04;
(viii) criminally negligent homicide under
Section 19.05; or
(ix) continuous sexual abuse of young child
or disabled individual under Section 21.02;
(B) 13 [ten] years of age or older and under 17
years of age; or
(C) 17 [(B) seventeen] years of age or older and
under 18 years of age who is alleged or found to have engaged in
delinquent conduct or conduct indicating a need for supervision as
a result of acts committed before becoming 17 years of age.
SECTION 2. Chapter 54, Family Code, is amended by adding
Section 54.021 to read as follows:
Sec. 54.021. WAIVER OF JURISDICTION FOR CHILD UNDER 13
YEARS OF AGE. (a) The juvenile court must, before holding an
adjudication hearing, hold a hearing without a jury to determine
whether to waive its exclusive original jurisdiction over a child
under 13 years of age.
(b) At a hearing under this section, the juvenile court
shall consider whether:
(1) less restrictive interventions by the child's
parent, guardian, family, or school, or by child protective
services or county family and youth services, are available and
will be sufficient to ensure the safety of the public and of the
child;
(2) intervention by the court is warranted; and
(3) it is in the best interest of the child for the
court to intervene.
(c) If the court elects not to waive its jurisdiction over a
child in a hearing under this section, the court shall state the
reasons for its decision in the order.
(d) If the court elects to waive its jurisdiction over a
child in a hearing under this section, the court shall dismiss all
charges against the child. The court shall refer the child to the
person who conducted the preliminary investigation of the child
under Section 53.01 for a referral for services described by
Subsection (b)(1), as appropriate.
SECTION 3. The changes in law made by this Act apply only to
an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurred before that date is governed by the law in effect on the
date the offense was committed or the conduct occurred, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed or conduct occurred before
the effective date of this Act if any element of the offense or
conduct occurred before that date.
SECTION 4. This Act takes effect September 1, 2023.