Texas House Bill HB77

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 4/6/23
• Voted on by House: 5/7/23

Caption

Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.

Impact

The revisions established by HB 77 are anticipated to have a profound effect on state laws relating to juvenile justice. The bill not only aims to reduce the number of youths entering the juvenile justice system for status offenses but also encourages a more supportive, resource-based approach for young individuals, particularly those facing challenges at home. This legislative shift underscores a recognition of the underlying issues that lead to status offenses, promoting intervention rather than punishment and potentially leading to better life outcomes for affected youth.

Summary

House Bill 77 proposes significant revisions to the treatment of status offenses in the juvenile justice system, notably repealing the classification of voluntary running away from home as a status offense. This legislative change aims to address the complexities surrounding status offenders—youth who engage in behaviors that would not be considered crimes if committed by adults. By removing runaway status from this category, the bill seeks to prevent the unnecessary criminalization of young people and directs the Department of Protective and Family Services to provide essential support resources for at-risk youth.

Sentiment

Overall, the sentiment surrounding HB 77 has been largely positive, particularly among child advocacy groups and stakeholders in the juvenile justice system. Supporters argue that the bill represents progress towards more humane treatment of youth and acknowledges the complexities of situations leading to behaviors such as running away from home. However, the bill has faced some opposition from those who believe that eliminating the status offense might diminish the protective measures available to vulnerable children in specific circumstances.

Contention

Key points of contention revolve around how the bill might be implemented in practice and its long-term implications for juvenile justice. Critics express concerns that merely repealing the status offense of running away could lead to increased risks for at-risk youth without appropriate state resources and mechanisms in place to support these individuals proactively. The legislation raises important discussions about balancing the need for protective measures with the rights and freedoms of youth, and how best to provide supportive environments that prevent behavioral issues from arising.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 45. Justice And Municipal Courts
  • Section: 0216
  • Section: 0216

Education Code

• Chapter 33. Service Programs And Extracurricular Activities
  • Section: New Section
  • Section: New Section

Family Code

• Chapter 51. General Provisions
  • Section: New Section
  • Section: 12
  • Section: 13
  • Section: New Section
  • Section: 12
  • Section: 13

• Chapter 54. Judicial Proceedings
  • Section: 04
  • Section: New Section
  • Section: New Section
  • Section: 04

• Chapter 59. Progressive Sanctions Model
  • Section: New Section
  • Section: New Section

• Chapter 58. Records; Juvenile Justice Information System
  • Section: 0022