Texas 2023 - 88th Regular

Texas House Bill HB77 Compare Versions

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1	1	88R222 ADM-D
2	2	By: Neave Criado, Garcia, González of Dallas H.B. No. 77
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to status offenses committed by a child, including the
8	8	repeal of the status offense of a child voluntarily running away
9	9	from home.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 45.0216(f), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(f) The court shall order the conviction, together with all
14	14	complaints, verdicts, sentences, and prosecutorial and law
15	15	enforcement records, and any other documents relating to the
16	16	offense, expunged from the person's record if the court finds that:
17	17	(1) for a person applying for the expunction of a
18	18	conviction for an offense described by Section 8.07(a)(4) or (5),
19	19	Penal Code, the person was not convicted of any other offense
20	20	described by Section 8.07(a)(4) or (5), Penal Code, while the
21	21	person was a child; and
22	22	(2) for a person applying for the expunction of a
23	23	conviction for an offense described by Section 43.261, Penal Code,
24	24	the person was not found to have engaged in conduct indicating a
25	25	need for supervision described by Section 51.03(b)(5)
26	26	[51.03(b)(6)], Family Code, while the person was a child.
27	27	SECTION 2. Section 33.051(2), Education Code, is amended to
28	28	read as follows:
29	29	(2) "Missing child" means a child whose whereabouts
30	30	are unknown to the legal custodian of the child and:
31	31	(A) the circumstances of whose absence indicate
32	32	that the child did not voluntarily leave the care and control of the
33	33	custodian and that the taking of the child was not authorized by
34	34	law; or
35	35	(B) the child has voluntarily left the child's
36	36	home without the consent of the custodian for a substantial length
37	37	of time or without intent to return [engaged in conduct indicating a
38	38	need for supervision under Section 51.03(b)(2), Family Code].
39	39	SECTION 3. Section 51.02, Family Code, is amended by
40	40	amending Subdivision (15) and adding Subdivision (15-a) to read as
41	41	follows:
42	42	(15) "Status offender" means a child who is accused,
43	43	adjudicated, or convicted of a status offense.
44	44	(15-a) "Status offense" means [for] conduct a child
45	45	commits that would not, under state law, be a crime if committed by
46	46	an adult, including:
47	47	(A) [running away from home under Section
48	48	51.03(b)(2);
49	49	[(B)] a fineable only offense under Section
50	50	51.03(b)(1) transferred to the juvenile court under Section
51	51	51.08(b), but only if the conduct constituting the offense would
52	52	not have been criminal if engaged in by an adult;
53	53	(B) [(C)] a violation of standards of student
54	54	conduct as described by Section 51.03(b)(3) [51.03(b)(4)];
55	55	(C) [(D)] a violation of a juvenile curfew
56	56	ordinance or order;
57	57	(D) [(E)] a violation of a provision of the
58	58	Alcoholic Beverage Code applicable to minors only; or
59	59	(E) [(F)] a violation of any other fineable only
60	60	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
61	61	conduct constituting the offense would not have been criminal if
62	62	engaged in by an adult.
63	63	SECTION 4. Section 51.03(b), Family Code, is amended to
64	64	read as follows:
65	65	(b) Conduct indicating a need for supervision is:
66	66	(1) subject to Subsection (f), conduct, other than a
67	67	traffic offense, that violates:
68	68	(A) the penal laws of this state of the grade of
69	69	misdemeanor that are punishable by fine only; or
70	70	(B) the penal ordinances of any political
71	71	subdivision of this state;
72	72	(2) [the voluntary absence of a child from the child's
73	73	home without the consent of the child's parent or guardian for a
74	74	substantial length of time or without intent to return;
75	75	[(3)] conduct prohibited by city ordinance or by state
76	76	law involving the inhalation of the fumes or vapors of paint and
77	77	other protective coatings or glue and other adhesives and the
78	78	volatile chemicals itemized in Section 485.001, Health and Safety
79	79	Code;
80	80	(3) [(4)] an act that violates a school district's
81	81	previously communicated written standards of student conduct for
82	82	which the child has been expelled under Section 37.007(c),
83	83	Education Code;
84	84	(4) [(5)] notwithstanding Subsection (a)(1), conduct
85	85	described by Section 43.02 or 43.021, Penal Code;
86	86	(5) [(6)] notwithstanding Subsection (a)(1), conduct
87	87	that violates Section 43.261, Penal Code; or
88	88	(6) [(7)] notwithstanding Subsection (a)(1), conduct
89	89	that violates Section 42.0601, Penal Code, if the child has not
90	90	previously been adjudicated as having engaged in conduct violating
91	91	that section.
92	92	SECTION 5. Section 51.12, Family Code, is amended by adding
93	93	Subsection (a-1) to read as follows:
94	94	(a-1) Notwithstanding any other provision of this section,
95	95	a child may only be detained in an office or place described by
96	96	Subsection (a)(1) or (2) or a nonsecure correctional facility that
97	97	meets the conditions of Subsections (j-1)(1), (3), and (4) if the
98	98	child is accused only of a status offense.
99	99	SECTION 6. Section 51.13(e), Family Code, is amended to
100	100	read as follows:
101	101	(e) A finding that a child engaged in conduct indicating a
102	102	need for supervision as described by Section 51.03(b)(5)
103	103	[51.03(b)(6)] is a conviction only for the purposes of Sections
104	104	43.261(c) and (d), Penal Code.
105	105	SECTION 7. Section 52.02(a), Family Code, is amended to
106	106	read as follows:
107	107	(a) Except as provided by Subsection (c), a person taking a
108	108	child into custody, without unnecessary delay and without first
109	109	taking the child to any place other than a juvenile processing
110	110	office designated under Section 52.025, shall do one of the
111	111	following:
112	112	(1) release the child to a parent, guardian, custodian
113	113	of the child, or other responsible adult upon that person's promise
114	114	to bring the child before the juvenile court as requested by the
115	115	court;
116	116	(2) bring the child before the office or official
117	117	designated by the juvenile board if there is probable cause to
118	118	believe that the child engaged in delinquent conduct, conduct
119	119	indicating a need for supervision, or conduct that violates a
120	120	condition of probation imposed by the juvenile court;
121	121	(3) bring the child to a detention facility designated
122	122	by the juvenile board;
123	123	(4) bring the child to a secure detention facility as
124	124	provided by Section 51.12(j), unless the child is accused only of a
125	125	status offense;
126	126	(5) bring the child to a medical facility if the child
127	127	is believed to suffer from a serious physical condition or illness
128	128	that requires prompt treatment;
129	129	(6) dispose of the case under Section 52.03; [or]
130	130	(7) if school is in session and the child is a student,
131	131	bring the child to the school campus to which the child is assigned
132	132	if the principal, the principal's designee, or a peace officer
133	133	assigned to the campus agrees to assume responsibility for the
134	134	child for the remainder of the school day; or
135	135	(8) if the child is accused only of a status offense:
136	136	(A) bring the child to a place of nonsecure
137	137	custody in compliance with Articles 45.058(c), (d), and (e), Code
138	138	of Criminal Procedure; or
139	139	(B) if a juvenile processing office or place of
140	140	nonsecure custody is not available, bring the child to a nonsecure
141	141	correctional facility that meets the conditions of Sections
142	142	51.12(j-1)(1), (3), and (4).
143	143	SECTION 8. Section 54.011, Family Code, is amended by
144	144	amending Subsection (a) and adding Subsection (a-1) to read as
145	145	follows:
146	146	(a) The detention hearing for a [status offender or]
147	147	nonoffender who has not been released administratively under
148	148	Section 53.02 shall be held before the 24th hour after the time the
149	149	child arrived at a detention facility, excluding hours of a weekend
150	150	or a holiday. Except as otherwise provided by this section, the
151	151	judge or referee conducting the detention hearing shall release the
152	152	[status offender or] nonoffender from secure detention.
153	153	(a-1) If a child is accused only of a status offense, the
154	154	child may not be detained at a place of nonsecure custody for longer
155	155	than six hours, or at a nonsecure correctional facility for longer
156	156	than 24 hours, after the time the child arrived at the place of
157	157	detention. If the child is not released before the sixth hour after
158	158	the time the child arrived at the place of detention, the child is
159	159	entitled to a detention hearing that must be held before the 24th
160	160	hour after the time the child arrived at the place of detention,
161	161	excluding weekends and holidays. Except as otherwise provided by
162	162	this section, the judge or referee conducting the detention hearing
163	163	shall release the child from detention.
164	164	SECTION 9. Section 54.04(o), Family Code, is amended to
165	165	read as follows:
166	166	(o) In a disposition under this title:
167	167	(1) a status offender may not, under any
168	168	circumstances, be committed to the Texas Juvenile Justice
169	169	Department for engaging in conduct that would not, under state or
170	170	local law, be a crime if committed by an adult;
171	171	(2) a status offender may not, under any circumstances
172	172	[other than as provided under Subsection (n)], be placed in a
173	173	post-adjudication secure correctional facility; and
174	174	(3) a child adjudicated for contempt of a county,
175	175	justice, or municipal court order may not, under any circumstances,
176	176	be placed in a post-adjudication secure correctional facility or
177	177	committed to the Texas Juvenile Justice Department for that
178	178	conduct.
179	179	SECTION 10. Section 54.0404(a), Family Code, is amended to
180	180	read as follows:
181	181	(a) If a child is found to have engaged in conduct
182	182	indicating a need for supervision described by Section 51.03(b)(5)
183	183	[51.03(b)(6)], the juvenile court may enter an order requiring the
184	184	child to attend and successfully complete an educational program
185	185	described by Section 37.218, Education Code, or another equivalent
186	186	educational program.
187	187	SECTION 11. Section 59.003(a), Family Code, is amended to
188	188	read as follows:
189	189	(a) Subject to Subsection (e), after a child's first
190	190	commission of delinquent conduct or conduct indicating a need for
191	191	supervision, the probation department or prosecuting attorney may,
192	192	or the juvenile court may, in a disposition hearing under Section
193	193	54.04 or a modification hearing under Section 54.05, assign a child
194	194	one of the following sanction levels according to the child's
195	195	conduct:
196	196	(1) for conduct indicating a need for supervision,
197	197	other than conduct described in Section 51.03(b)(2) or (3)
198	198	[51.03(b)(3) or (4)] or a Class A or B misdemeanor, the sanction
199	199	level is one;
200	200	(2) for conduct indicating a need for supervision
201	201	under Section 51.03(b)(2) or (3) [51.03(b)(3) or (4)] or a Class A
202	202	or B misdemeanor, other than a misdemeanor involving the use or
203	203	possession of a firearm, or for delinquent conduct under Section
204	204	51.03(a)(2), the sanction level is two;
205	205	(3) for a misdemeanor involving the use or possession
206	206	of a firearm or for a state jail felony or a felony of the third
207	207	degree, the sanction level is three;
208	208	(4) for a felony of the second degree, the sanction
209	209	level is four;
210	210	(5) for a felony of the first degree, other than a
211	211	felony involving the use of a deadly weapon or causing serious
212	212	bodily injury, the sanction level is five;
213	213	(6) for a felony of the first degree involving the use
214	214	of a deadly weapon or causing serious bodily injury, for an
215	215	aggravated controlled substance felony, or for a capital felony,
216	216	the sanction level is six; or
217	217	(7) for a felony of the first degree involving the use
218	218	of a deadly weapon or causing serious bodily injury, for an
219	219	aggravated controlled substance felony, or for a capital felony, if
220	220	the petition has been approved by a grand jury under Section 53.045,
221	221	or if a petition to transfer the child to criminal court has been
222	222	filed under Section 54.02, the sanction level is seven.
223	223	SECTION 12. The following provisions of the Family Code are
224	224	repealed:
225	225	(1) Sections 51.03(e) and 54.04(n); and
226	226	(2) Section 58.0022.
227	227	SECTION 13. The changes in law made by this Act apply only
228	228	to conduct that occurs on or after the effective date of this Act.
229	229	Conduct that occurs before the effective date of this Act is
230	230	governed by the law in effect on the date the conduct occurred, and
231	231	the former law is continued in effect for that purpose. For the
232	232	purposes of this section, conduct occurred before the effective
233	233	date of this Act if any element of the conduct occurred before that
234	234	date.
235	235	SECTION 14. This Act takes effect September 1, 2023.