88R977 ADM-F
By: Wu H.B. No. 507
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of jurisdiction and the discretionary
transfer of a child from a juvenile court to a criminal court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.02, Family Code, is amended by
amending Subsections (d), (f), (h), (l), and (n) and adding
Subsections (d-1) and (d-2) to read as follows:
(d) Prior to the hearing, the juvenile court shall admonish
the child in open court and in the presence of the child's attorney
regarding:
(1) the court's consideration of waiving its
jurisdiction over the child and transferring the child to criminal
court for criminal proceedings; and
(2) the child's right to participate or to decline to
participate in any diagnostic study, social evaluation, or
investigation ordered by the juvenile court under Subsection (d-1).
(d-1) After the admonishment under Subsection (d), the
juvenile court shall order [and obtain] a complete diagnostic
study, social evaluation, and full investigation of the child, the
child's [his] circumstances, and the circumstances of the alleged
offense and shall set the date of the transfer hearing. If the
child declines to participate in a study, evaluation, or
investigation, the child's attorney shall state the refusal to the
court in open court or in writing not later than the fifth business
day after the date the court ordered the study, evaluation, or
investigation.
(d-2) In a hearing under this section, a presumption exists
that it is in the best interest of the child and of justice that the
juvenile court retain jurisdiction over the child. The burden is on
the state to overcome this presumption.
(f) In making the determination required by Subsection (a)
of this section, the court shall consider, among other matters:
(1) whether the alleged offense was against person or
property, with greater weight in favor of transfer given to
offenses against the person;
(2) the sophistication and maturity of the child;
(3) the record and previous history of the child;
[and]
(4) the prospects of adequate protection of the public
and the likelihood of the rehabilitation of the child by use of
procedures, services, and facilities currently available to the
juvenile court;
(5) the substantive requirements for waiving
jurisdiction;
(6) relevant information ascertained in the full
investigation of the child; and
(7) the benefits or harm of retaining the child in the
juvenile justice system.
(h) If the juvenile court waives jurisdiction, it shall
state specifically in the order its reasons for waiver. The
statement of reasons must set forth a rational basis for the waiver
of jurisdiction, with sufficient specificity to permit meaningful
review, and must include case-specific findings of fact that do not
rely solely on the nature or seriousness of the offense. The court
shall [and] certify its action, including the written order and
findings of the court, and shall transfer the person to the
appropriate court for criminal proceedings and cause the results of
the diagnostic study of the person ordered under Subsection (d-1)
[(d)], including psychological information, to be transferred to
the appropriate criminal prosecutor. On transfer of the person for
criminal proceedings, the person shall be dealt with as an adult and
in accordance with the Code of Criminal Procedure, except that if
detention in a certified juvenile detention facility is authorized
under Section 152.0015, Human Resources Code, the juvenile court
may order the person to be detained in the facility pending trial or
until the criminal court enters an order under Article 4.19, Code of
Criminal Procedure. A transfer of custody made under this
subsection is an arrest.
(l) The juvenile court shall conduct a hearing without a
jury to consider waiver of jurisdiction under Subsection (j).
Except as otherwise provided by this subsection, a waiver of
jurisdiction under Subsection (j) may be made without the necessity
of conducting the diagnostic study [or complying with the
requirements of discretionary transfer proceedings] under
Subsection (d-1) [(d)]. If requested by the attorney for the person
at least 10 days before the transfer hearing, the court shall order
that the person be examined pursuant to Section 51.20(a) and that
the results of the examination be provided to the attorney for the
person and the attorney for the state at least five days before the
transfer hearing.
(n) A mandatory transfer under Subsection (m) may be made
without conducting the study required in discretionary transfer
proceedings by Subsection (d-1) [(d)]. The requirements of
Subsection (b) that the summons state that the purpose of the
hearing is to consider discretionary transfer to criminal court
does not apply to a transfer proceeding under Subsection (m). In a
proceeding under Subsection (m), it is sufficient that the summons
provide fair notice that the purpose of the hearing is to consider
mandatory transfer to criminal court.
SECTION 2. Section 54.02, Family Code, as amended by this
Act, applies only to conduct violating a penal law that occurs on or
after the effective date of this Act. Conduct violating a penal law
that occurs before the effective date of this Act is governed by the
law in effect when the conduct occurred, and the former law is
continued in effect for that purpose. For purposes of this section,
conduct occurs before the effective date of this Act if any element
of the conduct occurs before the effective date.
SECTION 3. This Act takes effect September 1, 2023.