By: Leach, Flores 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 and to the minimum age of criminal
responsibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45.058(h) and (i), Code of Criminal
Procedure, are amended to read as follows:
(h) In this article, "child" means a person who is:
(1) at least 13 [10] years of age and younger than 17
years of age; and
(2) charged with or convicted of an offense that a
justice or municipal court has jurisdiction of under Article 4.11
or 4.14.
(i) If a law enforcement officer [issues a citation or]
files a complaint in the manner provided by Article 45.018 for
conduct by a child 13 [12] years of age or older that is alleged to
have occurred on school property or on a vehicle owned or operated
by a county or independent school district, the officer shall
submit to the court the offense report, a statement by a witness to
the alleged conduct, and a statement by a victim of the alleged
conduct, if any. An attorney representing the state may not proceed
in a trial of an offense unless the law enforcement officer complied
with the requirements of this subsection.
SECTION 2. Section 37.141(1), Education Code, is amended to
read as follows:
(1) "Child" means a person who is:
(A) a student; and
(B) at least 13 [10] years of age and younger than
18 years of age.
SECTION 3. 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 4. 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) Not later than the 30th day after the date on
which a preliminary investigation under Section 53.01 concludes,
the attorney representing the state shall file a petition
requesting a hearing to determine whether the juvenile court should
waive its exclusive original jurisdiction over a child younger than
13 years of age.
(b) After the petition under Subsection (a) has been filed,
the juvenile court shall set a time for the hearing. The hearing
must be held:
(1) without a jury; and
(2) before an adjudication hearing may occur.
(c) 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.
(d) 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.
(e) 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 (c)(1), as appropriate.
SECTION 5. Sections 8.07(d) and (e), Penal Code, are
amended to read as follows:
(d) Notwithstanding Subsection (a), a person may not be
prosecuted for or convicted of an offense described by Subsection
(a)(4) or (5) that the person committed when younger than 13 [10]
years of age.
(e) A person who is at least 13 [10] years of age but younger
than 15 years of age is presumed incapable of committing an offense
described by Subsection (a)(4) or (5), other than an offense under a
juvenile curfew ordinance or order. This presumption may be
refuted if the prosecution proves to the court by a preponderance of
the evidence that the actor had sufficient capacity to understand
that the conduct engaged in was wrong at the time the conduct was
engaged in. The prosecution is not required to prove that the actor
at the time of engaging in the conduct knew that the act was a
criminal offense or knew the legal consequences of the offense.
SECTION 6. The following provisions are repealed:
(1) Article 45.058(j), Code of Criminal Procedure;
(2) Sections 37.124(d) and 37.126(c), Education Code;
and
(3) Section 42.01(f), Penal Code.
SECTION 7. (a) As soon as practicable after the effective
date of this Act, the Texas Commission on Law Enforcement and the
Texas School Safety Center shall update the training provided to
school resource officers and other peace officers to include the
changes in law made by this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Juvenile Justice Department shall update the
training provided to juvenile probation departments to include the
changes in law made by this Act.
(c) As soon as practicable after the effective date of this
Act, the Supreme Court of Texas Children's Commission shall
disseminate information to judges and attorneys in this state
regarding the changes in law made by this Act.
SECTION 8. 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 9. This Act takes effect September 1, 2023.