Texas 2023 - 88th Regular

Texas House Bill HB501 Compare Versions

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1	1	88R976 MCF-D
2	2	By: Wu H.B. No. 501
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age of criminal responsibility and to certain
8	8	substantive and procedural matters related to that age.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
11	11	SECTION 1.01. Section 51.02(2), Family Code, is amended to
12	12	read as follows:
13	13	(2) "Child" means a person who is:
14	14	(A) 10 [ten] years of age or older and under 18
15	15	[17] years of age; or
16	16	(B) 18 [seventeen] years of age or older and
17	17	under 20 [18] years of age who is:
18	18	(i) alleged or found to have engaged in
19	19	delinquent conduct or conduct indicating a need for supervision as
20	20	a result of acts committed before becoming 18 [17] years of age; and
21	21	(ii) under the jurisdiction of a juvenile
22	22	court.
23	23	SECTION 1.02. Section 8.07(b), Penal Code, is amended to
24	24	read as follows:
25	25	(b) Unless the juvenile court waives jurisdiction under
26	26	Section 54.02, Family Code, and certifies the individual for
27	27	criminal prosecution or the juvenile court has previously waived
28	28	jurisdiction under that section and certified the individual for
29	29	criminal prosecution, a person may not be prosecuted for or
30	30	convicted of any offense committed before reaching 18 [17] years of
31	31	age except an offense described by Subsections (a)(1)-(5).
32	32	SECTION 1.03. The changes in law made by this article apply
33	33	only to an offense committed or conduct that occurs on or after
34	34	September 1, 2023. An offense committed or conduct that occurred
35	35	before September 1, 2023, is governed by the law in effect on the
36	36	date the offense was committed or the conduct occurred, and the
37	37	former law is continued in effect for that purpose. For purposes of
38	38	this section, an offense was committed or conduct occurred before
39	39	September 1, 2023, if any element of the offense or conduct occurred
40	40	before that date.
41	41	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
42	42	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
43	43	read as follows:
44	44	(e) An offense under this section is one category lower than
45	45	the solicited offense, except that an offense under this section is
46	46	the same category as the solicited offense if it is shown on the
47	47	trial of the offense that the actor:
48	48	(1) was at the time of the offense 18 [17] years of age
49	49	or older and a member of a criminal street gang, as defined by
50	50	Section 71.01; and
51	51	(2) committed the offense with the intent to:
52	52	(A) further the criminal activities of the
53	53	criminal street gang; or
54	54	(B) avoid detection as a member of a criminal
55	55	street gang.
56	56	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
57	57	read as follows:
58	58	(b) A person commits an offense if:
59	59	(1) during a period that is 30 or more days in
60	60	duration, the person commits two or more acts of sexual abuse,
61	61	regardless of whether the acts of sexual abuse are committed
62	62	against one or more victims; and
63	63	(2) at the time of the commission of each of the acts
64	64	of sexual abuse, the actor is 18 [17] years of age or older and the
65	65	victim is:
66	66	(A) a child younger than 14 years of age,
67	67	regardless of whether the actor knows the age of the victim at the
68	68	time of the offense; or
69	69	(B) a disabled individual.
70	70	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
71	71	read as follows:
72	72	(b) A person who is 18 [17] years of age or older commits an
73	73	offense if, with the intent to commit an offense listed in Article
74	74	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
75	75	over the Internet, by electronic mail or text message or other
76	76	electronic message service or system, or through a commercial
77	77	online service, intentionally:
78	78	(1) communicates in a sexually explicit manner with a
79	79	minor; or
80	80	(2) distributes sexually explicit material to a minor.
81	81	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
82	82	read as follows:
83	83	(c) Except as provided by Subsection (d), the punishment
84	84	prescribed for an offense described by Subsection (b) is increased
85	85	to the punishment prescribed for the next highest category of
86	86	offense if the actor is 18 [17] years of age or older and it is shown
87	87	beyond a reasonable doubt on the trial of the offense that the actor
88	88	committed the offense at a location that was:
89	89	(1) in, on, or within 1,000 feet of any:
90	90	(A) real property that is owned, rented, or
91	91	leased by a school or school board;
92	92	(B) premises owned, rented, or leased by an
93	93	institution of higher education;
94	94	(C) premises of a public or private youth center;
95	95	(D) playground; or
96	96	(E) general residential operation operating as a
97	97	residential treatment center;
98	98	(2) in, on, or within 300 feet of any:
99	99	(A) shopping mall;
100	100	(B) movie theater;
101	101	(C) premises of a public swimming pool; or
102	102	(D) premises of a video arcade facility; or
103	103	(3) on a school bus.
104	104	SECTION 2.05. Sections 545.424(b) and (b-1),
105	105	Transportation Code, are amended to read as follows:
106	106	(b) A person under 18 [17] years of age who holds a
107	107	restricted motorcycle license may not operate a motorcycle while
108	108	using a wireless communication device, except in case of emergency.
109	109	This subsection does not apply to a person licensed by the Federal
110	110	Communications Commission while operating a radio frequency device
111	111	other than a wireless communication device.
112	112	(b-1) A person under 18 [17] years of age who holds a
113	113	restricted motorcycle license, during the 12-month period
114	114	following the issuance of an original motorcycle license to the
115	115	person, may not operate a motorcycle after midnight and before 5
116	116	a.m. unless:
117	117	(1) the person is in sight of the person's parent or
118	118	guardian; or
119	119	(2) the operation of the vehicle is necessary for the
120	120	operator to attend or participate in employment or a school-related
121	121	activity or because of a medical emergency.
122	122	SECTION 2.06. Section 729.001(a), Transportation Code, is
123	123	amended to read as follows:
124	124	(a) A person who is younger than 18 [17] years of age commits
125	125	an offense if the person operates a motor vehicle on a public road
126	126	or highway, a street or alley in a municipality, or a public beach
127	127	in violation of any traffic law of this state, including:
128	128	(1) Chapter 502, other than Section [502.282 or]
129	129	502.412;
130	130	(2) Chapter 521, other than an offense under Section
131	131	521.457;
132	132	(3) Subtitle C, other than an offense punishable by
133	133	imprisonment or by confinement in jail under Section 550.021,
134	134	550.022, 550.024, or 550.025;
135	135	(4) Chapter 601;
136	136	(5) Chapter 621;
137	137	(6) Chapter 661; and
138	138	(7) Chapter 681.
139	139	SECTION 2.07. Section 729.002, Transportation Code, is
140	140	amended to read as follows:
141	141	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
142	142	LICENSE. (a) A person who is younger than 18 [17] years of age
143	143	commits an offense if the person operates a motor vehicle without a
144	144	driver's license authorizing the operation of a motor vehicle on a:
145	145	(1) public road or highway;
146	146	(2) street or alley in a municipality; or
147	147	(3) public beach as defined by Section 729.001.
148	148	(b) An offense under this section is punishable in the same
149	149	manner as if the person was 18 [17] years of age or older and
150	150	operated a motor vehicle without a license as described by
151	151	Subsection (a), except that an offense under this section is not
152	152	punishable by confinement or imprisonment.
153	153	SECTION 2.08. The changes in law made by this article apply
154	154	only to an offense committed on or after September 1, 2023. An
155	155	offense committed before September 1, 2023, is governed by the law
156	156	in effect on the date the offense was committed, and the former law
157	157	is continued in effect for that purpose. For purposes of this
158	158	section, an offense was committed before September 1, 2023, if any
159	159	element of the offense occurred before that date.
160	160	ARTICLE 3. CRIMINAL PROCEDURES
161	161	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
162	162	amended to read as follows:
163	163	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
164	164	ADULT. (a) Notwithstanding the order of a juvenile court to detain
165	165	a person under the age of 18 [17] who has been certified to stand
166	166	trial as an adult in a certified juvenile detention facility under
167	167	Section 54.02(h), Family Code, the judge of the criminal court
168	168	having jurisdiction over the person may order the person to be
169	169	transferred to an adult facility. A child who is transferred to an
170	170	adult facility must be detained under conditions meeting the
171	171	requirements of Section 51.12, Family Code.
172	172	(b) On the 18th [17th] birthday of a person described by
173	173	Subsection (a) who is detained in a certified juvenile detention
174	174	facility under Section 54.02(h), Family Code, the judge of the
175	175	criminal court having jurisdiction over the person shall order the
176	176	person to be transferred to an adult facility.
177	177	SECTION 3.02. Article 45.0215(a), Code of Criminal
178	178	Procedure, is amended to read as follows:
179	179	(a) This article applies to a defendant who has not had the
180	180	disabilities of minority removed and [has been:
181	181	[(1) charged with an offense other than an offense
182	182	under Section 43.261, Penal Code, if the defendant is younger than
183	183	17 years of age; or
184	184	[(2) charged with an offense under Section 43.261,
185	185	Penal Code, if the defendant] is younger than 18 years of age.
186	186	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
187	187	Procedure, are amended to read as follows:
188	188	(b) A person may apply to the court in which the person was
189	189	convicted to have the conviction expunged as provided by this
190	190	article on or after the person's 18th [17th] birthday if:
191	191	(1) the person was convicted of not more than one
192	192	offense described by Section 8.07(a)(4) or (5), Penal Code, while
193	193	the person was a child; or
194	194	(2) the person was convicted only once of an offense
195	195	under Section 43.261, Penal Code.
196	196	(h) Records of a person under 18 [17] years of age relating
197	197	to a complaint may be expunged under this article if:
198	198	(1) the complaint was dismissed under Article 45.051
199	199	or 45.052 or other law; or
200	200	(2) the person was acquitted of the offense.
201	201	SECTION 3.04. Article 45.045(b), Code of Criminal
202	202	Procedure, is amended to read as follows:
203	203	(b) A capias pro fine may not be issued for an individual
204	204	convicted for an offense committed before the individual's 18th
205	205	[17th] birthday unless:
206	206	(1) the individual is 18 [17] years of age or older;
207	207	(2) the court finds that the issuance of the capias pro
208	208	fine is justified after considering:
209	209	(A) the sophistication and maturity of the
210	210	individual;
211	211	(B) the criminal record and history of the
212	212	individual; and
213	213	(C) the reasonable likelihood of bringing about
214	214	the discharge of the judgment through the use of procedures and
215	215	services currently available to the court; and
216	216	(3) the court has proceeded under Article 45.050 to
217	217	compel the individual to discharge the judgment.
218	218	SECTION 3.05. Article 45.0492(a), Code of Criminal
219	219	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
220	220	Legislature, Regular Session, 2011, is amended to read as follows:
221	221	(a) This article applies only to a defendant younger than 18
222	222	[17] years of age who is assessed a fine or costs for a Class C
223	223	misdemeanor occurring in a building or on the grounds of the primary
224	224	or secondary school at which the defendant was enrolled at the time
225	225	of the offense.
226	226	SECTION 3.06. Article 45.0492(a), Code of Criminal
227	227	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
228	228	Legislature, Regular Session, 2011, is amended to read as follows:
229	229	(a) This article applies only to a defendant younger than 18
230	230	[17] years of age who is assessed a fine or costs for a Class C
231	231	misdemeanor.
232	232	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
233	233	Criminal Procedure, are amended to read as follows:
234	234	(d) A justice or municipal court may hold a person in
235	235	contempt and impose a remedy authorized by Subsection (c)(2) if:
236	236	(1) the person was convicted for an offense committed
237	237	before the person's 18th [17th] birthday;
238	238	(2) the person failed to obey the order while the
239	239	person was 18 [17] years of age or older; and
240	240	(3) the failure to obey occurred under circumstances
241	241	that constitute contempt of court.
242	242	(e) A justice or municipal court may hold a person in
243	243	contempt and impose a remedy authorized by Subsection (c)(2) if the
244	244	person, while younger than 18 [17] years of age, engaged in conduct
245	245	in contempt of an order issued by the justice or municipal court,
246	246	but contempt proceedings could not be held before the person's 18th
247	247	[17th] birthday.
248	248	(g) A justice or municipal court may not refer a child who
249	249	violates a court order while 18 [17] years of age or older to a
250	250	juvenile court for delinquency proceedings for contempt of court.
251	251	SECTION 3.08. Article 45.057(h), Code of Criminal
252	252	Procedure, is amended to read as follows:
253	253	(h) A child and parent required to appear before the court
254	254	have an obligation to provide the court in writing with the current
255	255	address and residence of the child. The obligation does not end
256	256	when the child reaches age 18 [17]. On or before the seventh day
257	257	after the date the child or parent changes residence, the child or
258	258	parent shall notify the court of the current address in the manner
259	259	directed by the court. A violation of this subsection may result in
260	260	arrest and is a Class C misdemeanor. The obligation to provide
261	261	notice terminates on discharge and satisfaction of the judgment or
262	262	final disposition not requiring a finding of guilt.
263	263	SECTION 3.09. Article 45.058(h), Code of Criminal
264	264	Procedure, is amended to read as follows:
265	265	(h) In this article, "child" means a person who is:
266	266	(1) at least 10 years of age and younger than 18 [17]
267	267	years of age; and
268	268	(2) charged with or convicted of an offense that a
269	269	justice or municipal court has jurisdiction of under Article 4.11
270	270	or 4.14.
271	271	SECTION 3.10. Articles 45.060(a), (b), and (e), Code of
272	272	Criminal Procedure, are amended to read as follows:
273	273	(a) Except as provided by Articles 45.058 and 45.059, an
274	274	individual may not be taken into secured custody for offenses
275	275	alleged to have occurred before the individual's 18th [17th]
276	276	birthday.
277	277	(b) On or after an individual's 18th [17th] birthday, if the
278	278	court has used all available procedures under this chapter to
279	279	secure the individual's appearance to answer allegations made
280	280	before the individual's 18th [17th] birthday, the court may issue a
281	281	notice of continuing obligation to appear by personal service or by
282	282	mail to the last known address and residence of the individual. The
283	283	notice must order the individual to appear at a designated time,
284	284	place, and date to answer the allegations detailed in the notice.
285	285	(e) A notice of continuing obligation to appear issued under
286	286	this article must contain the following statement provided in
287	287	boldfaced type or capital letters:
288	288	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
289	289	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
290	290	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
291	291	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
292	292	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
293	293	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
294	294	FOR YOUR ARREST."
295	295	SECTION 3.11. Article 62.001(6), Code of Criminal
296	296	Procedure, is amended to read as follows:
297	297	(6) "Sexually violent offense" means any of the
298	298	following offenses committed by a person 18 [17] years of age or
299	299	older:
300	300	(A) an offense under Section 21.02 (Continuous
301	301	sexual abuse of young child or disabled individual), 21.11(a)(1)
302	302	(Indecency with a child), 22.011 (Sexual assault), or 22.021
303	303	(Aggravated sexual assault), Penal Code;
304	304	(B) an offense under Section 43.25 (Sexual
305	305	performance by a child), Penal Code;
306	306	(C) an offense under Section 20.04(a)(4)
307	307	(Aggravated kidnapping), Penal Code, if the defendant committed the
308	308	offense with intent to violate or abuse the victim sexually;
309	309	(D) an offense under Section 30.02 (Burglary),
310	310	Penal Code, if the offense is punishable under Subsection (d) of
311	311	that section and the defendant committed the offense with intent to
312	312	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
313	313	or
314	314	(E) an offense under the laws of another state,
315	315	federal law, the laws of a foreign country, or the Uniform Code of
316	316	Military Justice if the offense contains elements that are
317	317	substantially similar to the elements of an offense listed under
318	318	Paragraph (A), (B), (C), or (D).
319	319	SECTION 3.12. Article 62.351(a), Code of Criminal
320	320	Procedure, is amended to read as follows:
321	321	(a) During or after disposition of a case under Section
322	322	54.04, Family Code, for adjudication of an offense for which
323	323	registration is required under this chapter, the juvenile court on
324	324	motion of the respondent shall conduct a hearing to determine
325	325	whether the interests of the public require registration under this
326	326	chapter. The motion may be filed and the hearing held regardless of
327	327	whether the respondent is under 19 [18] years of age. Notice of the
328	328	motion and hearing shall be provided to the prosecuting attorney.
329	329	SECTION 3.13. Article 62.352(c), Code of Criminal
330	330	Procedure, is amended to read as follows:
331	331	(c) If the court enters an order described by Subsection
332	332	(b)(1), the court retains discretion and jurisdiction to require,
333	333	or exempt the respondent from, registration under this chapter at
334	334	any time during the treatment or on the successful or unsuccessful
335	335	completion of treatment, except that during the period of deferral,
336	336	registration may not be required. Following successful completion
337	337	of treatment, the respondent is exempted from registration under
338	338	this chapter unless a hearing under this subchapter is held on
339	339	motion of the prosecuting attorney, regardless of whether the
340	340	respondent is 19 [18] years of age or older, and the court
341	341	determines the interests of the public require registration. Not
342	342	later than the 10th day after the date of the respondent's
343	343	successful completion of treatment, the treatment provider shall
344	344	notify the juvenile court and prosecuting attorney of the
345	345	completion.
346	346	SECTION 3.14. Article 62.353(b), Code of Criminal
347	347	Procedure, is amended to read as follows:
348	348	(b) The person may file a motion under Subsection (a) in the
349	349	original juvenile case regardless of whether the person, at the
350	350	time of filing the motion, is 19 [18] years of age or older. Notice
351	351	of the motion shall be provided to the prosecuting attorney. A
352	352	hearing on the motion shall be provided as in other cases under this
353	353	subchapter.
354	354	SECTION 3.15. Section 37.085, Education Code, is amended to
355	355	read as follows:
356	356	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
357	357	MISDEMEANORS. Notwithstanding any other provision of law, a
358	358	warrant may not be issued for the arrest of a person for a Class C
359	359	misdemeanor under this code committed when the person was younger
360	360	than 18 [17] years of age.
361	361	SECTION 3.16. Section 153.0071(e-1), Family Code, is
362	362	amended to read as follows:
363	363	(e-1) Notwithstanding Subsections (d) and (e), a court may
364	364	decline to enter a judgment on a mediated settlement agreement if
365	365	the court finds:
366	366	(1) that:
367	367	(A) a party to the agreement was a victim of
368	368	family violence, and that circumstance impaired the party's ability
369	369	to make decisions; or
370	370	(B) the agreement would permit a person who is
371	371	subject to registration under Chapter 62, Code of Criminal
372	372	Procedure, on the basis of an offense committed by the person when
373	373	the person was 18 [17] years of age or older or who otherwise has a
374	374	history or pattern of past or present physical or sexual abuse
375	375	directed against any person to:
376	376	(i) reside in the same household as the
377	377	child; or
378	378	(ii) otherwise have unsupervised access to
379	379	the child; and
380	380	(2) that the agreement is not in the child's best
381	381	interest.
382	382	SECTION 3.17. Section 521.453(i), Transportation Code, is
383	383	amended to read as follows:
384	384	(i) If the person ordered to perform community service under
385	385	Subsection (h) is younger than 18 [17] years of age, the community
386	386	service shall be performed as if ordered by a juvenile court under
387	387	Section 54.044(a), Family Code, as a condition of probation under
388	388	Section 54.04(d), Family Code.
389	389	SECTION 3.18. (a) Except as provided by Subsection (b) of
390	390	this section, the changes in law made by this article apply only to
391	391	an offense committed on or after September 1, 2023. An offense
392	392	committed before September 1, 2023, is governed by the law in effect
393	393	on the date the offense was committed, and the former law is
394	394	continued in effect for that purpose.
395	395	(b) Articles 45.0216(b) and (h), Code of Criminal
396	396	Procedure, as amended by this article, apply only to the expunction
397	397	of certain records related to an offense committed on or after
398	398	September 1, 2023. The expunction of certain records related to an
399	399	offense committed before September 1, 2023, is governed by the law
400	400	in effect on the date the offense was committed, and the former law
401	401	is continued in effect for that purpose.
402	402	(c) For purposes of this section, an offense was committed
403	403	before September 1, 2023, if any element of the offense occurred
404	404	before that date.
405	405	ARTICLE 4. JUVENILE COURT PROCEDURES
406	406	SECTION 4.01. Section 51.041, Family Code, is amended to
407	407	read as follows:
408	408	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
409	409	retains jurisdiction over a person, without regard to the age of the
410	410	person, for conduct engaged in by the person before becoming 18 [17]
411	411	years of age if, as a result of an appeal by the person or the state
412	412	under Chapter 56 of an order of the court, the order is reversed or
413	413	modified and the case remanded to the court by the appellate court.
414	414	(b) If the respondent is at least 18 years of age when the
415	415	order of remand from the appellate court is received by the juvenile
416	416	court, the juvenile court shall proceed as provided by Sections
417	417	54.02(o)-(r) for the detention of a person at least 19 [18] years of
418	418	age in discretionary transfer proceedings. Pending retrial of the
419	419	adjudication or transfer proceeding, the juvenile court may:
420	420	(1) order the respondent released from custody;
421	421	(2) order the respondent detained in a juvenile
422	422	detention facility; or
423	423	(3) set bond and order the respondent detained in a
424	424	county adult facility if bond is not made.
425	425	SECTION 4.02. Section 51.0412, Family Code, is amended to
426	426	read as follows:
427	427	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
428	428	The court retains jurisdiction over a person, without regard to the
429	429	age of the person, who is a respondent in an adjudication
430	430	proceeding, a disposition proceeding, a proceeding to modify
431	431	disposition, a proceeding for waiver of jurisdiction and transfer
432	432	to criminal court under Section 54.02(a), or a motion for transfer
433	433	of determinate sentence probation to an appropriate district court
434	434	if:
435	435	(1) the petition or motion was filed while the
436	436	respondent was younger than 19 or 20 [18 or 19] years of age, as
437	437	applicable;
438	438	(2) the proceeding is not complete before the
439	439	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
440	440	and
441	441	(3) the court enters a finding in the proceeding that
442	442	the prosecuting attorney exercised due diligence in an attempt to
443	443	complete the proceeding before the respondent became 19 or 20 [18 or
444	444	19] years of age, as applicable.
445	445	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
446	446	amended to read as follows:
447	447	(f) A child detained in a building that contains a jail,
448	448	lockup, or other place of secure confinement, including an alcohol
449	449	or other drug treatment facility, shall be separated by sight and
450	450	sound from adults detained in the same building. Children and
451	451	adults are separated by sight and sound only if they are unable to
452	452	see each other and conversation between them is not possible. The
453	453	separation must extend to all areas of the facility, including
454	454	sally ports and passageways, and those areas used for admission,
455	455	counseling, sleeping, toileting, showering, dining, recreational,
456	456	educational, or vocational activities, and health care. The
457	457	separation may be accomplished through architectural design. A
458	458	person who has been transferred for prosecution in criminal court
459	459	under Section 54.02 and is under 18 [17] years of age is considered
460	460	a child for the purposes of this subsection.
461	461	(h) This section does not apply to a person:
462	462	(1) who has been transferred to criminal court for
463	463	prosecution under Section 54.02 and is at least 18 [17] years of
464	464	age; or
465	465	(2) who is at least 18 [17] years of age and who has
466	466	been taken into custody after having:
467	467	(A) escaped from a juvenile facility operated by
468	468	or under contract with the Texas Juvenile Justice Department; or
469	469	(B) violated a condition of release under
470	470	supervision of the department.
471	471	SECTION 4.04. Section 54.02(j), Family Code, is amended to
472	472	read as follows:
473	473	(j) The juvenile court may waive its exclusive original
474	474	jurisdiction and transfer a person to the appropriate district
475	475	court or criminal district court for criminal proceedings if:
476	476	(1) the person is 19 [18] years of age or older;
477	477	(2) the person was:
478	478	(A) 10 years of age or older and under 18 [17]
479	479	years of age at the time the person is alleged to have committed a
480	480	capital felony or an offense under Section 19.02, Penal Code;
481	481	(B) 14 years of age or older and under 18 [17]
482	482	years of age at the time the person is alleged to have committed an
483	483	aggravated controlled substance felony or a felony of the first
484	484	degree other than an offense under Section 19.02, Penal Code; or
485	485	(C) 15 years of age or older and under 18 [17]
486	486	years of age at the time the person is alleged to have committed a
487	487	felony of the second or third degree or a state jail felony;
488	488	(3) no adjudication concerning the alleged offense has
489	489	been made or no adjudication hearing concerning the offense has
490	490	been conducted;
491	491	(4) the juvenile court finds from a preponderance of
492	492	the evidence that:
493	493	(A) for a reason beyond the control of the state
494	494	it was not practicable to proceed in juvenile court before the 19th
495	495	[18th] birthday of the person; or
496	496	(B) after due diligence of the state it was not
497	497	practicable to proceed in juvenile court before the 19th [18th]
498	498	birthday of the person because:
499	499	(i) the state did not have probable cause to
500	500	proceed in juvenile court and new evidence has been found since the
501	501	19th [18th] birthday of the person;
502	502	(ii) the person could not be found; or
503	503	(iii) a previous transfer order was
504	504	reversed by an appellate court or set aside by a district court; and
505	505	(5) the juvenile court determines that there is
506	506	probable cause to believe that the child before the court committed
507	507	the offense alleged.
508	508	SECTION 4.05. Section 54.0326(b), Family Code, is amended
509	509	to read as follows:
510	510	(b) A juvenile court may defer adjudication proceedings
511	511	under Section 54.03 until the child's 19th [18th] birthday and
512	512	require a child to participate in a program established under
513	513	Section 152.0017, Human Resources Code, if the child:
514	514	(1) is alleged to have engaged in delinquent conduct
515	515	or conduct indicating a need for supervision and may be a victim of
516	516	conduct that constitutes an offense under Section 20A.02, Penal
517	517	Code; and
518	518	(2) presents to the court an oral or written request to
519	519	participate in the program.
520	520	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
521	521	are amended to read as follows:
522	522	(e) The Texas Juvenile Justice Department shall accept a
523	523	person properly committed to it by a juvenile court even though the
524	524	person may be 18 [17] years of age or older at the time of
525	525	commitment.
526	526	(l) Except as provided by Subsection (q), a court or jury
527	527	may place a child on probation under Subsection (d)(1) for any
528	528	period, except that probation may not continue on or after the
529	529	child's 19th [18th] birthday. Except as provided by Subsection
530	530	(q), the court may, before the period of probation ends, extend the
531	531	probation for any period, except that the probation may not extend
532	532	to or after the child's 19th [18th] birthday.
533	533	(q) If a court or jury sentences a child to commitment in the
534	534	Texas Juvenile Justice Department or a post-adjudication secure
535	535	correctional facility under Subsection (d)(3) for a term of not
536	536	more than 10 years, the court or jury may place the child on
537	537	probation under Subsection (d)(1) as an alternative to making the
538	538	disposition under Subsection (d)(3). The court shall prescribe the
539	539	period of probation ordered under this subsection for a term of not
540	540	more than 10 years. The court may, before the sentence of probation
541	541	expires, extend the probationary period under Section 54.05, except
542	542	that the sentence of probation and any extension may not exceed 10
543	543	years. The court may, before the child's 20th [19th] birthday,
544	544	discharge the child from the sentence of probation. If a sentence
545	545	of probation ordered under this subsection and any extension of
546	546	probation ordered under Section 54.05 will continue after the
547	547	child's 20th [19th] birthday, the court shall discharge the child
548	548	from the sentence of probation on the child's 20th [19th] birthday
549	549	unless the court transfers the child to an appropriate district
550	550	court under Section 54.051.
551	551	SECTION 4.07. Section 54.0405(i), Family Code, is amended
552	552	to read as follows:
553	553	(i) A court that requires as a condition of probation that a
554	554	child attend psychological counseling under Subsection (a) may,
555	555	before the date the probation period ends, extend the probation for
556	556	any additional period necessary to complete the required counseling
557	557	as determined by the treatment provider, except that the probation
558	558	may not be extended to a date after the date of the child's 19th
559	559	[18th] birthday, or 20th [19th] birthday if the child is placed on
560	560	determinate sentence probation under Section 54.04(q).
561	561	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
562	562	amended to read as follows:
563	563	(b) If a child is found to have engaged in delinquent
564	564	conduct or conduct indicating a need for supervision arising from
565	565	the commission of an offense in which property damage or loss or
566	566	personal injury occurred, the juvenile court, on notice to all
567	567	persons affected and on hearing, may order the child or a parent to
568	568	make full or partial restitution to the victim of the offense. The
569	569	program of restitution must promote the rehabilitation of the
570	570	child, be appropriate to the age and physical, emotional, and
571	571	mental abilities of the child, and not conflict with the child's
572	572	schooling. When practicable and subject to court supervision, the
573	573	court may approve a restitution program based on a settlement
574	574	between the child and the victim of the offense. An order under
575	575	this subsection may provide for periodic payments by the child or a
576	576	parent of the child for the period specified in the order but except
577	577	as provided by Subsection (h), that period may not extend past the
578	578	date of the 19th [18th] birthday of the child or past the date the
579	579	child is no longer enrolled in an accredited secondary school in a
580	580	program leading toward a high school diploma, whichever date is
581	581	later.
582	582	(h) If the juvenile court places the child on probation in a
583	583	determinate sentence proceeding initiated under Section 53.045 and
584	584	transfers supervision on the child's 20th [19th] birthday to a
585	585	district court for placement on community supervision, the district
586	586	court shall require the payment of any unpaid restitution as a
587	587	condition of the community supervision. The liability of the
588	588	child's parent for restitution may not be extended by transfer to a
589	589	district court for supervision.
590	590	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
591	591	amended to read as follows:
592	592	(a) Any [Except as provided by Subsection (a-1), any]
593	593	disposition, except a commitment to the Texas Juvenile Justice
594	594	Department, may be modified by the juvenile court as provided in
595	595	this section until:
596	596	(1) the child reaches:
597	597	(A) the child's 19th [18th] birthday; or
598	598	(B) the child's 20th [19th] birthday, if the
599	599	child was placed on determinate sentence probation under Section
600	600	54.04(q); or
601	601	(2) the child is earlier discharged by the court or
602	602	operation of law.
603	603	(b) Except for a commitment to the Texas Juvenile Justice
604	604	Department or to a post-adjudication secure correctional facility
605	605	under former Section 54.04011 or a placement on determinate
606	606	sentence probation under Section 54.04(q), all dispositions
607	607	automatically terminate when the child reaches the child's 19th
608	608	[18th] birthday.
609	609	SECTION 4.10. Section 54.051, Family Code, is amended by
610	610	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
611	611	Subsection (j) to read as follows:
612	612	(a) On motion of the state concerning a child who is placed
613	613	on probation under Section 54.04(q) for a period, including any
614	614	extension ordered under Section 54.05, that will continue after the
615	615	child's applicable [19th] birthday, the juvenile court shall hold a
616	616	hearing to determine whether to transfer the child to an
617	617	appropriate district court or discharge the child from the sentence
618	618	of probation.
619	619	(b) The hearing must be conducted before the person's
620	620	applicable [19th] birthday[, or before the person's 18th birthday
621	621	if the offense for which the person was placed on probation occurred
622	622	before September 1, 2011,] and must be conducted in the same manner
623	623	as a hearing to modify disposition under Section 54.05.
624	624	(c) If, after a hearing, the court determines to discharge
625	625	the child, the court shall specify a date on or before the child's
626	626	applicable [19th] birthday to discharge the child from the
627	627	sentence of probation.
628	628	(d) If, after a hearing, the court determines to transfer
629	629	the child, the court shall transfer the child to an appropriate
630	630	district court on the child's applicable [19th] birthday.
631	631	(e-2) If a person who is placed on community supervision
632	632	under this section violates a condition of that supervision or if
633	633	the person violated a condition of probation ordered under Section
634	634	54.04(q) and that probation violation was not discovered by the
635	635	state before the person's 20th [19th] birthday, the district court
636	636	shall dispose of the violation of community supervision or
637	637	probation, as appropriate, in the same manner as if the court had
638	638	originally exercised jurisdiction over the case. If the judge
639	639	revokes community supervision, the judge may reduce the prison
640	640	sentence to any length without regard to the minimum term imposed by
641	641	Article 42A.755(a), Code of Criminal Procedure.
642	642	(i) If the juvenile court exercises jurisdiction over a
643	643	person on or after the person's [who is 18 or 19 years of age or
644	644	older, as] applicable birthday, under Section 51.041 or 51.0412,
645	645	the court or jury may, if the person is otherwise eligible, place
646	646	the person on probation under Section 54.04(q). The juvenile court
647	647	shall set the conditions of probation and immediately transfer
648	648	supervision of the person to the appropriate court exercising
649	649	criminal jurisdiction under Subsection (e).
650	650	(j) In this section, "applicable birthday" means the
651	651	person's:
652	652	(1) 18th birthday, if the conduct for which the person
653	653	was placed on probation occurred before September 1, 2011;
654	654	(2) 19th birthday, if the conduct for which the person
655	655	was placed on probation occurred on or after September 1, 2011, but
656	656	before September 1, 2023; or
657	657	(3) 20th birthday, if the conduct for which the person
658	658	was placed on probation occurred on or after September 1, 2023.
659	659	SECTION 4.11. Section 54.11(l), Family Code, is amended to
660	660	read as follows:
661	661	(l) Pending the conclusion of a transfer hearing, the
662	662	juvenile court shall order that the person who is referred for
663	663	transfer be detained in a certified juvenile detention facility as
664	664	provided by Subsection (m). If the person is at least 18 [17] years
665	665	of age, the juvenile court may order that the person be detained
666	666	without bond in an appropriate county facility for the detention of
667	667	adults accused of criminal offenses.
668	668	SECTION 4.12. Section 55.15, Family Code, is amended to
669	669	read as follows:
670	670	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
671	671	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
672	672	which the child's case is referred under Section 55.12(2) orders
673	673	mental health services for the child, the child shall be cared for,
674	674	treated, and released in conformity to Subtitle C, Title 7, Health
675	675	and Safety Code, except:
676	676	(1) a court order for mental health services for a
677	677	child automatically expires on the 120th day after the date the
678	678	child becomes 19 [18] years of age; and
679	679	(2) the administrator of a mental health facility
680	680	shall notify, in writing, by certified mail, return receipt
681	681	requested, the juvenile court that ordered mental health services
682	682	or the juvenile court that referred the case to a court that ordered
683	683	the mental health services of the intent to discharge the child at
684	684	least 10 days prior to discharge.
685	685	SECTION 4.13. Section 55.18, Family Code, is amended to
686	686	read as follows:
687	687	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
688	688	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
689	689	mental health facility before reaching 19 [18] years of age, the
690	690	juvenile court may:
691	691	(1) dismiss the juvenile court proceedings with
692	692	prejudice; or
693	693	(2) continue with proceedings under this title as
694	694	though no order of mental health services had been made.
695	695	SECTION 4.14. The heading to Section 55.19, Family Code, is
696	696	amended to read as follows:
697	697	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
698	698	BIRTHDAY.
699	699	SECTION 4.15. Section 55.19(a), Family Code, is amended to
700	700	read as follows:
701	701	(a) The juvenile court shall transfer all pending
702	702	proceedings from the juvenile court to a criminal court on the 19th
703	703	[18th] birthday of a child for whom the juvenile court or a court to
704	704	which the child's case is referred under Section 55.12(2) has
705	705	ordered inpatient mental health services if:
706	706	(1) the child is not discharged or furloughed from the
707	707	inpatient mental health facility before reaching 19 [18] years of
708	708	age; and
709	709	(2) the child is alleged to have engaged in delinquent
710	710	conduct that included a violation of a penal law listed in Section
711	711	53.045 and no adjudication concerning the alleged conduct has been
712	712	made.
713	713	SECTION 4.16. Section 55.43(a), Family Code, is amended to
714	714	read as follows:
715	715	(a) The prosecuting attorney may file with the juvenile
716	716	court a motion for a restoration hearing concerning a child if:
717	717	(1) the child is found unfit to proceed as a result of
718	718	mental illness or an intellectual disability; and
719	719	(2) the child:
720	720	(A) is not:
721	721	(i) ordered by a court to receive inpatient
722	722	mental health or intellectual disability services;
723	723	(ii) committed by a court to a residential
724	724	care facility; or
725	725	(iii) ordered by a court to receive
726	726	treatment or services on an outpatient basis; or
727	727	(B) is discharged or currently on furlough from a
728	728	mental health facility or outpatient center before the child
729	729	reaches 19 [18] years of age.
730	730	SECTION 4.17. The heading to Section 55.44, Family Code, is
731	731	amended to read as follows:
732	732	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
733	733	BIRTHDAY OF CHILD.
734	734	SECTION 4.18. Section 55.44(a), Family Code, is amended to
735	735	read as follows:
736	736	(a) The juvenile court shall transfer all pending
737	737	proceedings from the juvenile court to a criminal court on the 19th
738	738	[18th] birthday of a child for whom the juvenile court or a court to
739	739	which the child's case is referred has ordered inpatient mental
740	740	health services or residential care for persons with an
741	741	intellectual disability if:
742	742	(1) the child is not discharged or currently on
743	743	furlough from the facility before reaching 19 [18] years of age; and
744	744	(2) the child is alleged to have engaged in delinquent
745	745	conduct that included a violation of a penal law listed in Section
746	746	53.045 and no adjudication concerning the alleged conduct has been
747	747	made.
748	748	SECTION 4.19. Section 58.0052(a)(3), Family Code, is
749	749	amended to read as follows:
750	750	(3) "Multi-system youth" means a person who:
751	751	(A) is younger than 20 [19] years of age; and
752	752	(B) has received services from two or more
753	753	juvenile service providers.
754	754	SECTION 4.20. Section 58.253(b), Family Code, is amended to
755	755	read as follows:
756	756	(b) A person who was referred to a juvenile probation
757	757	department for delinquent conduct is entitled to have all records
758	758	related to the person's juvenile matters, including records
759	759	relating to any matters involving conduct indicating a need for
760	760	supervision, sealed without applying to the juvenile court if the
761	761	person:
762	762	(1) is at least 20 [19] years of age;
763	763	(2) has not been adjudicated as having engaged in
764	764	delinquent conduct or, if adjudicated for delinquent conduct, was
765	765	not adjudicated for delinquent conduct violating a penal law of the
766	766	grade of felony;
767	767	(3) does not have any pending delinquent conduct
768	768	matters;
769	769	(4) has not been transferred by a juvenile court to a
770	770	criminal court for prosecution under Section 54.02;
771	771	(5) has not as an adult been convicted of a felony or a
772	772	misdemeanor punishable by confinement in jail; and
773	773	(6) does not have any pending charges as an adult for a
774	774	felony or a misdemeanor punishable by confinement in jail.
775	775	SECTION 4.21. Section 58.255(a), Family Code, is amended to
776	776	read as follows:
777	777	(a) A person who was referred to a juvenile court for
778	778	conduct indicating a need for supervision is entitled to have all
779	779	records related to all conduct indicating a need for supervision
780	780	matters sealed without applying to the juvenile court if the
781	781	person:
782	782	(1) has records relating to the conduct filed with the
783	783	court clerk;
784	784	(2) is at least 19 [18] years of age;
785	785	(3) has not been referred to the juvenile probation
786	786	department for delinquent conduct;
787	787	(4) has not as an adult been convicted of a felony; and
788	788	(5) does not have any pending charges as an adult for a
789	789	felony or a misdemeanor punishable by confinement in jail.
790	790	SECTION 4.22. Section 58.256(c), Family Code, is amended to
791	791	read as follows:
792	792	(c) Except as provided by Subsection (d), the juvenile court
793	793	may order the sealing of records related to all matters for which
794	794	the person was referred to the juvenile probation department if the
795	795	person:
796	796	(1) is at least 18 [17] years of age, or is younger
797	797	than 18 [17] years of age and at least one year has elapsed after the
798	798	date of final discharge in each matter for which the person was
799	799	referred to the juvenile probation department;
800	800	(2) does not have any delinquent conduct matters
801	801	pending with any juvenile probation department or juvenile court;
802	802	(3) was not transferred by a juvenile court to a
803	803	criminal court for prosecution under Section 54.02;
804	804	(4) has not as an adult been convicted of a felony; and
805	805	(5) does not have any pending charges as an adult for a
806	806	felony or a misdemeanor punishable by confinement in jail.
807	807	SECTION 4.23. Section 58.264(b), Family Code, is amended to
808	808	read as follows:
809	809	(b) The records related to a person referred to a juvenile
810	810	probation department may be destroyed if the person:
811	811	(1) is at least 19 [18] years of age, and:
812	812	(A) the most serious conduct for which the person
813	813	was referred was conduct indicating a need for supervision, whether
814	814	or not the person was adjudicated; or
815	815	(B) the referral or information did not relate to
816	816	conduct indicating a need for supervision or delinquent conduct and
817	817	the juvenile probation department, prosecutor, or juvenile court
818	818	did not take action on the referral or information for that reason;
819	819	(2) is at least 21 years of age, and:
820	820	(A) the most serious conduct for which the person
821	821	was adjudicated was delinquent conduct that violated a penal law of
822	822	the grade of misdemeanor; or
823	823	(B) the most serious conduct for which the person
824	824	was referred was delinquent conduct and the person was not
825	825	adjudicated as having engaged in the conduct; or
826	826	(3) is at least 31 years of age and the most serious
827	827	conduct for which the person was adjudicated was delinquent conduct
828	828	that violated a penal law of the grade of felony.
829	829	SECTION 4.24. Section 59.005(b), Family Code, is amended to
830	830	read as follows:
831	831	(b) The juvenile court or the probation department shall
832	832	discharge the child from the custody of the probation department on
833	833	the date the provisions of this section are met or on the child's
834	834	19th [18th] birthday, whichever is earlier.
835	835	SECTION 4.25. Section 59.006(b), Family Code, is amended to
836	836	read as follows:
837	837	(b) The juvenile court shall discharge the child from the
838	838	custody of the probation department on the date the provisions of
839	839	this section are met or on the child's 19th [18th] birthday,
840	840	whichever is earlier.
841	841	SECTION 4.26. Section 59.007(b), Family Code, is amended to
842	842	read as follows:
843	843	(b) The juvenile court shall discharge the child from the
844	844	custody of the probation department on the date the provisions of
845	845	this section are met or on the child's 19th [18th] birthday,
846	846	whichever is earlier.
847	847	SECTION 4.27. Section 59.008(b), Family Code, is amended to
848	848	read as follows:
849	849	(b) The juvenile court shall discharge the child from the
850	850	custody of the probation department on the date the provisions of
851	851	this section are met or on the child's 19th [18th] birthday,
852	852	whichever is earlier.
853	853	SECTION 4.28. Section 59.009(c), Family Code, is amended to
854	854	read as follows:
855	855	(c) The Texas Juvenile Justice Department, juvenile board,
856	856	or local juvenile probation department may discharge the child from
857	857	the custody of the department, board, or probation department, as
858	858	applicable, on the date the provisions of this section are met or on
859	859	the child's 20th [19th] birthday, whichever is earlier.
860	860	SECTION 4.29. Section 61.051(c), Family Code, is amended to
861	861	read as follows:
862	862	(c) The juvenile court retains jurisdiction to enter a
863	863	contempt order if the motion for enforcement is filed not later than
864	864	six months after the child's 19th [18th] birthday.
865	865	SECTION 4.30. Section 614.019(b), Health and Safety Code,
866	866	is amended to read as follows:
867	867	(b) A child with mental illness who is receiving continuity
868	868	of care services during parole from the Texas Juvenile Justice
869	869	Department and who is no longer eligible to receive services from a
870	870	local mental health authority when the child becomes 18 [17] years
871	871	of age because the child does not meet the requirements of a local
872	872	service area plan under Section 533.0352(a) may continue to receive
873	873	continuity of care services from the office until the child
874	874	completes the child's parole.
875	875	SECTION 4.31. Section 63.001(1), Human Resources Code, is
876	876	amended to read as follows:
877	877	(1) "Juvenile" means a person from the age of 10 to 19
878	878	[18] years who:
879	879	(A) has been found to have engaged in delinquent
880	880	conduct by a juvenile court; and
881	881	(B) is under the jurisdiction of the juvenile
882	882	court [of competent jurisdiction].
883	883	SECTION 4.32. Section 152.0015, Human Resources Code, is
884	884	amended to read as follows:
885	885	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
886	886	JUVENILES. A juvenile board shall establish a policy that
887	887	specifies whether a person who has been transferred for criminal
888	888	prosecution under Section 54.02, Family Code, and is younger than
889	889	18 [17] years of age may be detained in a juvenile facility pending
890	890	trial as provided by Section 51.12, Family Code.
891	891	SECTION 4.33. Section 201.001(a)(2), Human Resources Code,
892	892	is amended to read as follows:
893	893	(2) "Child" means an individual[:
894	894	[(A)] 10 years of age or older and younger than 20
895	895	[18] years of age who is under the jurisdiction of a juvenile
896	896	court[; or
897	897	[(B) 10 years of age or older and younger than 19
898	898	years of age who is committed to the department under Title 3,
899	899	Family Code].
900	900	SECTION 4.34. Section 243.001(a), Human Resources Code, is
901	901	amended to read as follows:
902	902	(a) The department may not assign a child younger than 16
903	903	[15] years of age to the same correctional facility dormitory as a
904	904	person who is at least 18 [17] years of age unless the department
905	905	determines that the placement is necessary to ensure the safety of
906	906	children in the custody of the department. This subsection does not
907	907	apply to a dormitory that is used exclusively for short-term
908	908	assessment and orientation purposes.
909	909	SECTION 4.35. Section 243.051(b), Human Resources Code, is
910	910	amended to read as follows:
911	911	(b) A child who is arrested or taken into custody under
912	912	Subsection (a) may be detained in any suitable place, including an
913	913	adult jail facility if the person is 18 [17] years of age or older,
914	914	until the child is returned to the custody of the department or
915	915	transported to a department facility.
916	916	SECTION 4.36. Section 244.014(a), Human Resources Code, is
917	917	amended to read as follows:
918	918	(a) After a child sentenced to commitment under Section
919	919	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
920	920	years of age but before the child becomes 20 [19] years of age, the
921	921	department may refer the child to the juvenile court that entered
922	922	the order of commitment for approval of the child's transfer to the
923	923	Texas Department of Criminal Justice for confinement if:
924	924	(1) the child has not completed the sentence; and
925	925	(2) the child's conduct, regardless of whether the
926	926	child was released under supervision under Section 245.051,
927	927	indicates that the welfare of the community requires the transfer.
928	928	SECTION 4.37. Section 244.015, Human Resources Code, is
929	929	amended to read as follows:
930	930	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
931	931	DETERMINATE SENTENCES. (a) When a child who is sentenced to
932	932	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
933	933	Family Code, becomes 19 [18] years of age, the department shall
934	934	evaluate whether the child is in need of additional services that
935	935	can be completed in the six-month period after the child's 19th
936	936	[18th] birthday to prepare the child for release from the custody of
937	937	the department or transfer to the Texas Department of Criminal
938	938	Justice.
939	939	(b) This section does not apply to a child who is released
940	940	from the custody of the department or who is transferred to the
941	941	Texas Department of Criminal Justice before the child's 19th [18th]
942	942	birthday.
943	943	SECTION 4.38. Section 245.053(i), Human Resources Code, is
944	944	amended to read as follows:
945	945	(i) If the department requires as a condition of release
946	946	that a child attend psychological counseling under Subsection (a),
947	947	the department may, before the date the period of release ends,
948	948	petition the appropriate court to request the court to extend the
949	949	period of release for an additional period necessary to complete
950	950	the required counseling as determined by the treatment provider,
951	951	except that the release period may not be extended to a date after
952	952	the date of the child's 19th [18th] birthday.
953	953	SECTION 4.39. Sections 245.151(d) and (e), Human Resources
954	954	Code, are amended to read as follows:
955	955	(d) Except as provided by Subsection (e), the department
956	956	shall discharge from its custody a person not already discharged on
957	957	the person's 20th [19th] birthday.
958	958	(e) The department shall transfer a person who has been
959	959	sentenced under a determinate sentence to commitment under Section
960	960	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
961	961	returned to the department under Section 54.11(i)(1), Family Code,
962	962	to the custody of the Texas Department of Criminal Justice on the
963	963	person's 20th [19th] birthday, if the person has not already been
964	964	discharged or transferred, to serve the remainder of the person's
965	965	sentence on parole as provided by Section 508.156, Government Code.
966	966	SECTION 4.40. (a) Except as provided by Subsection (b) of
967	967	this section, the changes in law made by this article apply only to
968	968	procedures relating to conduct that occurs on or after September 1,
969	969	2023. Procedures relating to conduct that occurred before
970	970	September 1, 2023, are governed by the law in effect on the date the
971	971	conduct occurred, and the former law is continued in effect for that
972	972	purpose.
973	973	(b) The change in law made by this article to Section
974	974	58.0052, Family Code, applies to the sharing of information on or
975	975	after September 1, 2023, without regard to whether the information
976	976	was compiled before, on, or after that date.
977	977	(c) For purposes of this section, conduct occurred before
978	978	September 1, 2023, if any element of the conduct occurred before
979	979	that date.
980	980	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
981	981	RESPONSIBILITY
982	982	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
983	983	is amended to read as follows:
984	984	(5) "Confidential criminal record information of a
985	985	child" means information about a person's involvement in the
986	986	criminal justice system resulting from conduct that occurred or was
987	987	alleged to occur when the person was younger than 18 [17] years of
988	988	age that is confidential under Chapter 45, Code of Criminal
989	989	Procedure, or other law. The term does not include:
990	990	(A) criminal record information of a person
991	991	certified to stand trial as an adult for that conduct, as provided
992	992	by Section 54.02, Family Code; or
993	993	(B) information relating to a traffic offense.
994	994	SECTION 5.02. Section 65.251(b), Family Code, is amended to
995	995	read as follows:
996	996	(b) If a child fails to obey an order issued by a truancy
997	997	court under Section 65.103(a) or a child is in direct contempt of
998	998	court and the child has failed to obey an order or has been found in
999	999	direct contempt of court on two or more previous occasions, the
1000	1000	truancy court, after providing notice and an opportunity for a
1001	1001	hearing, may refer the child to the juvenile probation department
1002	1002	as a request for truancy intervention, unless the child failed to
1003	1003	obey the truancy court order or was in direct contempt of court
1004	1004	while 18 [17] years of age or older.
1005	1005	SECTION 5.03. Section 79.001(10), Government Code, is
1006	1006	amended to read as follows:
1007	1007	(10) "Juvenile offense" means conduct committed by a
1008	1008	person while younger than 18 [17] years of age that constitutes:
1009	1009	(A) a misdemeanor punishable by confinement; or
1010	1010	(B) a felony.
1011	1011	SECTION 5.04. Section 511.009(a), Government Code, is
1012	1012	amended to read as follows:
1013	1013	(a) The commission shall:
1014	1014	(1) adopt reasonable rules and procedures
1015	1015	establishing minimum standards for the construction, equipment,
1016	1016	maintenance, and operation of county jails;
1017	1017	(2) adopt reasonable rules and procedures
1018	1018	establishing minimum standards for the custody, care, and treatment
1019	1019	of prisoners;
1020	1020	(3) adopt reasonable rules establishing minimum
1021	1021	standards for the number of jail supervisory personnel and for
1022	1022	programs and services to meet the needs of prisoners;
1023	1023	(4) adopt reasonable rules and procedures
1024	1024	establishing minimum requirements for programs of rehabilitation,
1025	1025	education, and recreation in county jails;
1026	1026	(5) regularly review the commission's rules and
1027	1027	procedures and revise, amend, or change the rules and procedures if
1028	1028	necessary;
1029	1029	(6) provide to local government officials
1030	1030	consultation on and technical assistance for county jails;
1031	1031	(7) review and comment on plans for the construction
1032	1032	and major modification or renovation of county jails;
1033	1033	(8) require that the sheriff and commissioners of each
1034	1034	county submit to the commission, on a form prescribed by the
1035	1035	commission, an annual report on the conditions in each county jail
1036	1036	within their jurisdiction, including all information necessary to
1037	1037	determine compliance with state law, commission orders, and the
1038	1038	rules adopted under this chapter;
1039	1039	(9) review the reports submitted under Subdivision (8)
1040	1040	and require commission employees to inspect county jails regularly
1041	1041	to ensure compliance with state law, commission orders, and rules
1042	1042	and procedures adopted under this chapter;
1043	1043	(10) adopt a classification system to assist sheriffs
1044	1044	and judges in determining which defendants are low-risk and
1045	1045	consequently suitable participants in a county jail work release
1046	1046	program under Article 42.034, Code of Criminal Procedure;
1047	1047	(11) adopt rules relating to requirements for
1048	1048	segregation of classes of inmates and to capacities for county
1049	1049	jails;
1050	1050	(12) adopt a policy for gathering and distributing to
1051	1051	jails under the commission's jurisdiction information regarding:
1052	1052	(A) common issues concerning jail
1053	1053	administration;
1054	1054	(B) examples of successful strategies for
1055	1055	maintaining compliance with state law and the rules, standards, and
1056	1056	procedures of the commission; and
1057	1057	(C) solutions to operational challenges for
1058	1058	jails;
1059	1059	(13) report to the Texas Correctional Office on
1060	1060	Offenders with Medical or Mental Impairments on a jail's compliance
1061	1061	with Article 16.22, Code of Criminal Procedure;
1062	1062	(14) adopt reasonable rules and procedures
1063	1063	establishing minimum requirements for a county jail to:
1064	1064	(A) determine if a prisoner is pregnant;
1065	1065	(B) ensure that the jail's health services plan
1066	1066	addresses medical care, including obstetrical and gynecological
1067	1067	care, mental health care, nutritional requirements, and any special
1068	1068	housing or work assignment needs for prisoners who are known or
1069	1069	determined to be pregnant; and
1070	1070	(C) identify when a pregnant prisoner is in labor
1071	1071	and provide appropriate care to the prisoner, including promptly
1072	1072	transporting the prisoner to a local hospital;
1073	1073	(15) provide guidelines to sheriffs regarding
1074	1074	contracts between a sheriff and another entity for the provision of
1075	1075	food services to or the operation of a commissary in a jail under
1076	1076	the commission's jurisdiction, including specific provisions
1077	1077	regarding conflicts of interest and avoiding the appearance of
1078	1078	impropriety;
1079	1079	(16) adopt reasonable rules and procedures
1080	1080	establishing minimum standards for prisoner visitation that
1081	1081	provide each prisoner at a county jail with a minimum of two
1082	1082	in-person, noncontact visitation periods per week of at least 20
1083	1083	minutes duration each;
1084	1084	(17) require the sheriff of each county to:
1085	1085	(A) investigate and verify the veteran status of
1086	1086	each prisoner by using data made available from the Veterans
1087	1087	Reentry Search Service (VRSS) operated by the United States
1088	1088	Department of Veterans Affairs or a similar service; and
1089	1089	(B) use the data described by Paragraph (A) to
1090	1090	assist prisoners who are veterans in applying for federal benefits
1091	1091	or compensation for which the prisoners may be eligible under a
1092	1092	program administered by the United States Department of Veterans
1093	1093	Affairs;
1094	1094	(18) adopt reasonable rules and procedures regarding
1095	1095	visitation of a prisoner at a county jail by a guardian, as defined
1096	1096	by Section 1002.012, Estates Code, that:
1097	1097	(A) allow visitation by a guardian to the same
1098	1098	extent as the prisoner's next of kin, including placing the
1099	1099	guardian on the prisoner's approved visitors list on the guardian's
1100	1100	request and providing the guardian access to the prisoner during a
1101	1101	facility's standard visitation hours if the prisoner is otherwise
1102	1102	eligible to receive visitors; and
1103	1103	(B) require the guardian to provide the sheriff
1104	1104	with letters of guardianship issued as provided by Section
1105	1105	1106.001, Estates Code, before being allowed to visit the prisoner;
1106	1106	(19) adopt reasonable rules and procedures to ensure
1107	1107	the safety of prisoners, including rules and procedures that
1108	1108	require a county jail to:
1109	1109	(A) give prisoners the ability to access a mental
1110	1110	health professional at the jail or through a telemental health
1111	1111	service 24 hours a day or, if a mental health professional is not at
1112	1112	the county jail at the time, then require the jail to use all
1113	1113	reasonable efforts to arrange for the inmate to have access to a
1114	1114	mental health professional within a reasonable time;
1115	1115	(B) give prisoners the ability to access a health
1116	1116	professional at the jail or through a telehealth service 24 hours a
1117	1117	day or, if a health professional is unavailable at the jail or
1118	1118	through a telehealth service, provide for a prisoner to be
1119	1119	transported to access a health professional; and
1120	1120	(C) if funding is available under Section
1121	1121	511.019, install automated electronic sensors or cameras to ensure
1122	1122	accurate and timely in-person checks of cells or groups of cells
1123	1123	confining at-risk individuals; and
1124	1124	(20) adopt reasonable rules and procedures
1125	1125	establishing minimum standards for the quantity and quality of
1126	1126	feminine hygiene products, including tampons in regular and large
1127	1127	sizes and menstrual pads with wings in regular and large sizes,
1128	1128	provided to a female prisoner.
1129	1129	SECTION 5.05. Section 521.201, Transportation Code, is
1130	1130	amended to read as follows:
1131	1131	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1132	1132	department may not issue any license to a person who:
1133	1133	(1) is under 15 years of age;
1134	1134	(2) is under 18 years of age unless the person complies
1135	1135	with the requirements imposed by Section 521.204;
1136	1136	(3) is shown to be addicted to the use of alcohol, a
1137	1137	controlled substance, or another drug that renders a person
1138	1138	incapable of driving;
1139	1139	(4) holds a driver's license issued by this state or
1140	1140	another state or country that is revoked, canceled, or under
1141	1141	suspension;
1142	1142	(5) has been determined by a judgment of a court to be
1143	1143	totally incapacitated or incapacitated to act as the operator of a
1144	1144	motor vehicle unless the person has, by the date of the license
1145	1145	application, been:
1146	1146	(A) restored to capacity by judicial decree; or
1147	1147	(B) released from a hospital for the mentally
1148	1148	incapacitated on a certificate by the superintendent or
1149	1149	administrator of the hospital that the person has regained
1150	1150	capacity;
1151	1151	(6) the department determines to be afflicted with a
1152	1152	mental or physical disability or disease that prevents the person
1153	1153	from exercising reasonable and ordinary control over a motor
1154	1154	vehicle while operating the vehicle on a highway, except that a
1155	1155	person may not be refused a license because of a physical defect if
1156	1156	common experience shows that the defect does not incapacitate a
1157	1157	person from safely operating a motor vehicle;
1158	1158	(7) has been reported by a court under Section
1159	1159	521.3452 for failure to appear unless the court has filed an
1160	1160	additional report on final disposition of the case; or
1161	1161	(8) has been reported by a court for failure to appear
1162	1162	or default in payment of a fine for a misdemeanor that is not
1163	1163	covered under Subdivision (7) and that is punishable by a fine only,
1164	1164	including a misdemeanor under a municipal ordinance, committed by a
1165	1165	person who was under 18 [17] years of age at the time of the alleged
1166	1166	offense, unless the court has filed an additional report on final
1167	1167	disposition of the case.
1168	1168	SECTION 5.06. Section 65.251(b), Family Code, and Section
1169	1169	521.201, Transportation Code, as amended by this article, apply
1170	1170	only to an offense committed or conduct that occurred on or after
1171	1171	September 1, 2023. An offense committed or conduct that occurred
1172	1172	before September 1, 2023, is governed by the law in effect on the
1173	1173	date the offense was committed or the conduct occurred, and the
1174	1174	former law is continued in effect for that purpose. For purposes of
1175	1175	this section, an offense was committed or conduct occurred before
1176	1176	September 1, 2023, if any element of the offense or conduct occurred
1177	1177	before that date.
1178	1178	ARTICLE 6. EFFECTIVE DATE
1179	1179	SECTION 6.01. This Act takes effect September 1, 2023.