Texas 2023 - 88th Regular

Texas House Bill HB491 Compare Versions

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1	1	88R891 ADM-D
2	2	By: Wu, Dutton H.B. No. 491
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age of a child at which a juvenile court may
8	8	exercise jurisdiction over the child and to the minimum age of
9	9	criminal responsibility.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 45.058(h), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(h) In this article, "child" means a person who is:
14	14	(1) at least 12 [10] years of age and younger than 17
15	15	years of age; and
16	16	(2) charged with or convicted of an offense that a
17	17	justice or municipal court has jurisdiction of under Article 4.11
18	18	or 4.14.
19	19	SECTION 2. Section 37.141(1), Education Code, is amended to
20	20	read as follows:
21	21	(1) "Child" means a person who is:
22	22	(A) a student; and
23	23	(B) at least 12 [10] years of age and younger than
24	24	18 years of age.
25	25	SECTION 3. Section 51.02(2), Family Code, is amended to
26	26	read as follows:
27	27	(2) "Child" means a person who is:
28	28	(A) 10 [ten] years of age or older and under 18
29	29	[17] years of age who is alleged or found to have engaged in conduct
30	30	that violates a penal law of the grade of felony as a result of acts
31	31	committed before becoming 12 years of age; or
32	32	(B) 12 [seventeen] years of age or older and
33	33	under 18 years of age who is alleged or found to have engaged in
34	34	delinquent conduct or conduct indicating a need for supervision as
35	35	a result of acts committed after becoming 12 years of age and before
36	36	becoming 17 years of age.
37	37	SECTION 4. Section 52.02, Family Code, is amended by adding
38	38	Subsection (e) to read as follows:
39	39	(e) A child younger than 12 years of age must be released
40	40	from custody in accordance with Subsection (a)(1) unless the child
41	41	poses an immediate threat to public safety or to the child's own
42	42	safety.
43	43	SECTION 5. Sections 53.01(b) and (b-1), Family Code, are
44	44	amended to read as follows:
45	45	(b) Except as provided by Subsection (b-1), if [If] it is
46	46	determined that the person is not a child or there is no probable
47	47	cause, the person shall immediately be released.
48	48	(b-1) The person who is conducting the preliminary
49	49	investigation may [shall], as appropriate, refer the child's case
50	50	to a community resource coordination group, a local-level
51	51	interagency staffing group, or other community juvenile services
52	52	[service] provider for services under Section 53.011, if the person
53	53	determines that:
54	54	(1) the child is younger than 12 years of age;
55	55	(2) the child is not subject to the jurisdiction of a
56	56	juvenile court because the child is not alleged to have engaged in
57	57	conduct that violates a penal law of the grade of felony as a result
58	58	of acts committed before becoming 12 years of age [there is probable
59	59	cause to believe the child engaged in delinquent conduct or conduct
60	60	indicating a need for supervision;
61	61	[(3) the child's case does not require referral to the
62	62	prosecuting attorney under Subsection (d) or (f);
63	63	[(4) the child is eligible for deferred prosecution
64	64	under Section 53.03]; and
65	65	(3) [(5)] the child and the child's family are not
66	66	currently receiving services under Section 53.011 and would benefit
67	67	from receiving the services.
68	68	SECTION 6. Section 53.011(b), Family Code, is amended to
69	69	read as follows:
70	70	(b) On receipt of a referral under Section 53.01(b-1) or
71	71	54.015(f), a community resource coordination group, a local-level
72	72	interagency staffing group, or another community juvenile services
73	73	provider shall evaluate the child's case and make recommendations
74	74	to the juvenile probation department for appropriate services for
75	75	the child and the child's family.
76	76	SECTION 7. Chapter 54, Family Code, is amended by adding
77	77	Section 54.015 to read as follows:
78	78	Sec. 54.015. JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN
79	79	12 YEARS OF AGE. (a) On request of any party, a court shall hold a
80	80	jurisdictional hearing without a jury to determine whether to
81	81	retain jurisdiction over a child younger than 12 years of age.
82	82	(b) A hearing under this section must be held:
83	83	(1) if the child was not released under Section 53.02,
84	84	immediately before considering whether to release the child at the
85	85	detention hearing under Section 54.01; or
86	86	(2) if the child was not detained and the requirements
87	87	of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied,
88	88	immediately before the hearing on the petition.
89	89	(c) At a hearing under this section, the court must
90	90	determine whether to retain jurisdiction over the child by
91	91	considering whether:
92	92	(1) probable cause exists to believe the child engaged
93	93	in conduct that violates a penal law of the grade of felony;
94	94	(2) normal interventions by the child's parent,
95	95	guardian, or family, child protective services, or the child's
96	96	school will be sufficient to ensure the safety of the public and of
97	97	the child;
98	98	(3) intervention by the court is warranted; and
99	99	(4) it is in the best interest of the child for the
100	100	court to intervene.
101	101	(d) If the court retains jurisdiction over a child under
102	102	this section, the court may proceed with the detention hearing
103	103	under Section 54.01 or an adjudication hearing under Section 54.03,
104	104	as applicable.
105	105	(e) If the court waives jurisdiction over the child, the
106	106	court shall immediately dismiss the child and the charges against
107	107	the child. A waiver under this section is a waiver of jurisdiction
108	108	over the child only for the dismissed charges.
109	109	(f) If the court waives jurisdiction over the child, the
110	110	court shall notify the person who conducted the preliminary
111	111	investigation of the child under Section 53.01 of the court's
112	112	waiver of jurisdiction. The person may, as appropriate, refer the
113	113	child's case to a community resource coordination group,
114	114	local-level interagency staffing group, or other community
115	115	juvenile services provider for services under Section 53.011.
116	116	SECTION 8. Sections 8.07(d) and (e), Penal Code, are
117	117	amended to read as follows:
118	118	(d) Notwithstanding Subsection (a), a person may not be
119	119	prosecuted for or convicted of an offense described by Subsection
120	120	(a)(4) or (5) that the person committed when younger than 12 [10]
121	121	years of age.
122	122	(e) A person who is at least 12 [10] years of age but younger
123	123	than 15 years of age is presumed incapable of committing an offense
124	124	described by Subsection (a)(4) or (5), other than an offense under a
125	125	juvenile curfew ordinance or order. This presumption may be
126	126	refuted if the prosecution proves to the court by a preponderance of
127	127	the evidence that the actor had sufficient capacity to understand
128	128	that the conduct engaged in was wrong at the time the conduct was
129	129	engaged in. The prosecution is not required to prove that the actor
130	130	at the time of engaging in the conduct knew that the act was a
131	131	criminal offense or knew the legal consequences of the offense.
132	132	SECTION 9. The following provisions are repealed:
133	133	(1) Article 45.058(j), Code of Criminal Procedure;
134	134	(2) Sections 37.124(d) and 37.126(c), Education Code;
135	135	(3) Section 53.011(d), Family Code; and
136	136	(4) Section 42.01(f), Penal Code.
137	137	SECTION 10. The changes in law made by this Act apply only
138	138	to an offense committed or conduct that occurs on or after the
139	139	effective date of this Act. An offense committed or conduct that
140	140	occurred before that date is governed by the law in effect on the
141	141	date the offense was committed or the conduct occurred, and the
142	142	former law is continued in effect for that purpose. For purposes of
143	143	this section, an offense was committed or conduct occurred before
144	144	the effective date of this Act if any element of the offense or
145	145	conduct occurred before that date.
146	146	SECTION 11. This Act takes effect September 1, 2023.