88R891 ADM-D
By: Wu, Dutton H.B. No. 491
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.058(h), Code of Criminal Procedure,
is amended to read as follows:
(h) In this article, "child" means a person who is:
(1) at least 12 [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.
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 12 [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 [ten] years of age or older and under 18
[17] years of age who is alleged or found to have engaged in conduct
that violates a penal law of the grade of felony as a result of acts
committed before becoming 12 years of age; or
(B) 12 [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 after becoming 12 years of age and before
becoming 17 years of age.
SECTION 4. Section 52.02, Family Code, is amended by adding
Subsection (e) to read as follows:
(e) A child younger than 12 years of age must be released
from custody in accordance with Subsection (a)(1) unless the child
poses an immediate threat to public safety or to the child's own
safety.
SECTION 5. Sections 53.01(b) and (b-1), Family Code, are
amended to read as follows:
(b) Except as provided by Subsection (b-1), if [If] it is
determined that the person is not a child or there is no probable
cause, the person shall immediately be released.
(b-1) The person who is conducting the preliminary
investigation may [shall], as appropriate, refer the child's case
to a community resource coordination group, a local-level
interagency staffing group, or other community juvenile services
[service] provider for services under Section 53.011, if the person
determines that:
(1) the child is younger than 12 years of age;
(2) the child is not subject to the jurisdiction of a
juvenile court because the child is not alleged to have engaged in
conduct that violates a penal law of the grade of felony as a result
of acts committed before becoming 12 years of age [there is probable
cause to believe the child engaged in delinquent conduct or conduct
indicating a need for supervision;
[(3) the child's case does not require referral to the
prosecuting attorney under Subsection (d) or (f);
[(4) the child is eligible for deferred prosecution
under Section 53.03]; and
(3) [(5)] the child and the child's family are not
currently receiving services under Section 53.011 and would benefit
from receiving the services.
SECTION 6. Section 53.011(b), Family Code, is amended to
read as follows:
(b) On receipt of a referral under Section 53.01(b-1) or
54.015(f), a community resource coordination group, a local-level
interagency staffing group, or another community juvenile services
provider shall evaluate the child's case and make recommendations
to the juvenile probation department for appropriate services for
the child and the child's family.
SECTION 7. Chapter 54, Family Code, is amended by adding
Section 54.015 to read as follows:
Sec. 54.015. JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN
12 YEARS OF AGE. (a) On request of any party, a court shall hold a
jurisdictional hearing without a jury to determine whether to
retain jurisdiction over a child younger than 12 years of age.
(b) A hearing under this section must be held:
(1) if the child was not released under Section 53.02,
immediately before considering whether to release the child at the
detention hearing under Section 54.01; or
(2) if the child was not detained and the requirements
of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied,
immediately before the hearing on the petition.
(c) At a hearing under this section, the court must
determine whether to retain jurisdiction over the child by
considering whether:
(1) probable cause exists to believe the child engaged
in conduct that violates a penal law of the grade of felony;
(2) normal interventions by the child's parent,
guardian, or family, child protective services, or the child's
school will be sufficient to ensure the safety of the public and of
the child;
(3) intervention by the court is warranted; and
(4) it is in the best interest of the child for the
court to intervene.
(d) If the court retains jurisdiction over a child under
this section, the court may proceed with the detention hearing
under Section 54.01 or an adjudication hearing under Section 54.03,
as applicable.
(e) If the court waives jurisdiction over the child, the
court shall immediately dismiss the child and the charges against
the child. A waiver under this section is a waiver of jurisdiction
over the child only for the dismissed charges.
(f) If the court waives jurisdiction over the child, the
court shall notify the person who conducted the preliminary
investigation of the child under Section 53.01 of the court's
waiver of jurisdiction. The person may, as appropriate, refer the
child's case to a community resource coordination group,
local-level interagency staffing group, or other community
juvenile services provider for services under Section 53.011.
SECTION 8. 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 12 [10]
years of age.
(e) A person who is at least 12 [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 9. 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;
(3) Section 53.011(d), Family Code; and
(4) Section 42.01(f), Penal Code.
SECTION 10. 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 11. This Act takes effect September 1, 2023.