Texas 2023 - 88th Regular

Texas House Bill HB491

Filed
11/14/22  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the age of a child at which a juvenile court may exercise jurisdiction over the child and to the minimum age of criminal responsibility.

Impact

If enacted, HB491 would bring changes to several legal provisions, adjusting the age definitions in multiple legal codes related to offenses and juvenile conduct. The increased minimum age will mean that children under 12 will not be prosecuted or imprisoned for criminal acts, reflecting a broader perspective on childhood and the recognition of the necessity for age-appropriate responses to delinquency. Instead, children who are younger than 12 may be released from custody unless they pose an immediate threat, thereby promoting community-based interventions over judicial involvement.

Summary

House Bill 491 proposes a significant alteration to the juvenile justice system in Texas by raising the lower age limit for juvenile court jurisdiction from 10 years to 12 years of age. The bill reflects a shift toward intervention rather than punishment, focusing on the belief that younger children require support to rehabilitate rather than punitive measures typically associated with criminal behavior. The proposed changes are based on the acknowledgment that engaging children younger than 12 in the justice system could have long-lasting negative effects on their development and futures.

Sentiment

The sentiment around the bill was mixed, with various stakeholders expressing their views during committee discussions. Proponents of HB491, including some juvenile justice advocates and community service representatives, argued in favor of the bill, emphasizing the need for early interventions to prevent future delinquent behavior. They believe that supporting children and addressing their needs is more beneficial than involving them in the criminal justice system at such a young age. However, there were also substantial concerns, particularly from treatment providers and law enforcement, who expressed fears that raising the age limit might lead to increased delinquent behavior without appropriate judicial oversight.

Contention

Notable points of contention about HB491 include the argument that raising the age limit for juvenile jurisdiction could potentially lead to a rise in juvenile delinquency rates as younger offenders may not face consequences for their actions. Some committee members voiced concerns that without the fear of legal repercussions, children may be less incentivized to adhere to acceptable behavior standards. Balancing the desire for rehabilitation with the need for accountability remains a significant discussion point among legislators and stakeholders involved in juvenile justice reform.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 45. Justice And Municipal Courts
    • Section: New Section
    • Section: New Section

Education Code

  • Chapter 37. Discipline; Law And Order
    • Section: 141
    • Section: 141

Family Code

  • Chapter 51. General Provisions
    • Section: New Section
    • Section: New Section
  • Chapter 52. Proceedings Before And Including Referral To Court
    • Section: 02
    • Section: 02
  • Chapter 53. Proceedings Prior To Judicial Proceedings
    • Section: 01
    • Section: New Section
    • Section: 01
    • Section: New Section
  • Chapter 54. Judicial Proceedings
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 8. General Defenses To Criminal Responsibility
    • Section: 07
    • Section: 07

Companion Bills

TX SB1385

Identical Relating to the age of a child at which a juvenile court may exercise jurisdiction over the child and to the minimum age of criminal responsibility.

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