Texas 2023 - 88th Regular

Texas House Bill HB828 Compare Versions

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1	1	88R2681 MCF-F
2	2	By: Dutton H.B. No. 828
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, 2025. An offense committed or conduct that occurred
35	35	before September 1, 2025, 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, 2025, 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, 2025. An
155	155	offense committed before September 1, 2025, 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, 2025, 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. Article 45.059(a), Code of Criminal
272	272	Procedure, is amended to read as follows:
273	273	(a) A peace officer taking into custody a person younger
274	274	than 18 [17] years of age for violation of a juvenile curfew
275	275	ordinance of a municipality or order of the commissioners court of a
276	276	county shall, without unnecessary delay:
277	277	(1) release the person to the person's parent,
278	278	guardian, or custodian;
279	279	(2) take the person before a justice or municipal
280	280	court to answer the charge; or
281	281	(3) take the person to a place designated as a juvenile
282	282	curfew processing office by the head of the law enforcement agency
283	283	having custody of the person.
284	284	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
285	285	Criminal Procedure, are amended to read as follows:
286	286	(a) Except as provided by Articles 45.058 and 45.059, an
287	287	individual may not be taken into secured custody for offenses
288	288	alleged to have occurred before the individual's 18th [17th]
289	289	birthday.
290	290	(b) On or after an individual's 18th [17th] birthday, if the
291	291	court has used all available procedures under this chapter to
292	292	secure the individual's appearance to answer allegations made
293	293	before the individual's 18th [17th] birthday, the court may issue a
294	294	notice of continuing obligation to appear by personal service or by
295	295	mail to the last known address and residence of the individual. The
296	296	notice must order the individual to appear at a designated time,
297	297	place, and date to answer the allegations detailed in the notice.
298	298	(e) A notice of continuing obligation to appear issued under
299	299	this article must contain the following statement provided in
300	300	boldfaced type or capital letters:
301	301	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
302	302	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
303	303	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
304	304	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
305	305	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
306	306	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
307	307	FOR YOUR ARREST."
308	308	SECTION 3.12. Article 62.001(6), Code of Criminal
309	309	Procedure, is amended to read as follows:
310	310	(6) "Sexually violent offense" means any of the
311	311	following offenses committed by a person 18 [17] years of age or
312	312	older:
313	313	(A) an offense under Section 21.02 (Continuous
314	314	sexual abuse of young child or disabled individual), 21.11(a)(1)
315	315	(Indecency with a child), 22.011 (Sexual assault), or 22.021
316	316	(Aggravated sexual assault), Penal Code;
317	317	(B) an offense under Section 43.25 (Sexual
318	318	performance by a child), Penal Code;
319	319	(C) an offense under Section 20.04(a)(4)
320	320	(Aggravated kidnapping), Penal Code, if the defendant committed the
321	321	offense with intent to violate or abuse the victim sexually;
322	322	(D) an offense under Section 30.02 (Burglary),
323	323	Penal Code, if the offense is punishable under Subsection (d) of
324	324	that section and the defendant committed the offense with intent to
325	325	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
326	326	or
327	327	(E) an offense under the laws of another state,
328	328	federal law, the laws of a foreign country, or the Uniform Code of
329	329	Military Justice if the offense contains elements that are
330	330	substantially similar to the elements of an offense listed under
331	331	Paragraph (A), (B), (C), or (D).
332	332	SECTION 3.13. Article 62.351(a), Code of Criminal
333	333	Procedure, is amended to read as follows:
334	334	(a) During or after disposition of a case under Section
335	335	54.04, Family Code, for adjudication of an offense for which
336	336	registration is required under this chapter, the juvenile court on
337	337	motion of the respondent shall conduct a hearing to determine
338	338	whether the interests of the public require registration under this
339	339	chapter. The motion may be filed and the hearing held regardless of
340	340	whether the respondent is under 19 [18] years of age. Notice of the
341	341	motion and hearing shall be provided to the prosecuting attorney.
342	342	SECTION 3.14. Article 62.352(c), Code of Criminal
343	343	Procedure, is amended to read as follows:
344	344	(c) If the court enters an order described by Subsection
345	345	(b)(1), the court retains discretion and jurisdiction to require,
346	346	or exempt the respondent from, registration under this chapter at
347	347	any time during the treatment or on the successful or unsuccessful
348	348	completion of treatment, except that during the period of deferral,
349	349	registration may not be required. Following successful completion
350	350	of treatment, the respondent is exempted from registration under
351	351	this chapter unless a hearing under this subchapter is held on
352	352	motion of the prosecuting attorney, regardless of whether the
353	353	respondent is 19 [18] years of age or older, and the court
354	354	determines the interests of the public require registration. Not
355	355	later than the 10th day after the date of the respondent's
356	356	successful completion of treatment, the treatment provider shall
357	357	notify the juvenile court and prosecuting attorney of the
358	358	completion.
359	359	SECTION 3.15. Article 62.353(b), Code of Criminal
360	360	Procedure, is amended to read as follows:
361	361	(b) The person may file a motion under Subsection (a) in the
362	362	original juvenile case regardless of whether the person, at the
363	363	time of filing the motion, is 19 [18] years of age or older. Notice
364	364	of the motion shall be provided to the prosecuting attorney. A
365	365	hearing on the motion shall be provided as in other cases under this
366	366	subchapter.
367	367	SECTION 3.16. Section 37.085, Education Code, is amended to
368	368	read as follows:
369	369	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
370	370	MISDEMEANORS. Notwithstanding any other provision of law, a
371	371	warrant may not be issued for the arrest of a person for a Class C
372	372	misdemeanor under this code committed when the person was younger
373	373	than 18 [17] years of age.
374	374	SECTION 3.17. Section 153.0071(e-1), Family Code, is
375	375	amended to read as follows:
376	376	(e-1) Notwithstanding Subsections (d) and (e), a court may
377	377	decline to enter a judgment on a mediated settlement agreement if
378	378	the court finds:
379	379	(1) that:
380	380	(A) a party to the agreement was a victim of
381	381	family violence, and that circumstance impaired the party's ability
382	382	to make decisions; or
383	383	(B) the agreement would permit a person who is
384	384	subject to registration under Chapter 62, Code of Criminal
385	385	Procedure, on the basis of an offense committed by the person when
386	386	the person was 18 [17] years of age or older or who otherwise has a
387	387	history or pattern of past or present physical or sexual abuse
388	388	directed against any person to:
389	389	(i) reside in the same household as the
390	390	child; or
391	391	(ii) otherwise have unsupervised access to
392	392	the child; and
393	393	(2) that the agreement is not in the child's best
394	394	interest.
395	395	SECTION 3.18. Section 521.453(i), Transportation Code, is
396	396	amended to read as follows:
397	397	(i) If the person ordered to perform community service under
398	398	Subsection (h) is younger than 18 [17] years of age, the community
399	399	service shall be performed as if ordered by a juvenile court under
400	400	Section 54.044(a), Family Code, as a condition of probation under
401	401	Section 54.04(d), Family Code.
402	402	SECTION 3.19. (a) Except as provided by Subsection (b) of
403	403	this section, the changes in law made by this article apply only to
404	404	an offense committed on or after September 1, 2025. An offense
405	405	committed before September 1, 2025, is governed by the law in effect
406	406	on the date the offense was committed, and the former law is
407	407	continued in effect for that purpose.
408	408	(b) Articles 45.0216(b) and (h), Code of Criminal
409	409	Procedure, as amended by this article, apply only to the expunction
410	410	of certain records related to an offense committed on or after
411	411	September 1, 2025. The expunction of certain records related to an
412	412	offense committed before September 1, 2025, is governed by the law
413	413	in effect on the date the offense was committed, and the former law
414	414	is continued in effect for that purpose.
415	415	(c) For purposes of this section, an offense was committed
416	416	before September 1, 2025, if any element of the offense occurred
417	417	before that date.
418	418	ARTICLE 4. JUVENILE COURT PROCEDURES
419	419	SECTION 4.01. Section 51.041, Family Code, is amended to
420	420	read as follows:
421	421	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
422	422	retains jurisdiction over a person, without regard to the age of the
423	423	person, for conduct engaged in by the person before becoming 18 [17]
424	424	years of age if, as a result of an appeal by the person or the state
425	425	under Chapter 56 of an order of the court, the order is reversed or
426	426	modified and the case remanded to the court by the appellate court.
427	427	(b) If the respondent is at least 18 years of age when the
428	428	order of remand from the appellate court is received by the juvenile
429	429	court, the juvenile court shall proceed as provided by Sections
430	430	54.02(o)-(r) for the detention of a person at least 19 [18] years of
431	431	age in discretionary transfer proceedings. Pending retrial of the
432	432	adjudication or transfer proceeding, the juvenile court may:
433	433	(1) order the respondent released from custody;
434	434	(2) order the respondent detained in a juvenile
435	435	detention facility; or
436	436	(3) set bond and order the respondent detained in a
437	437	county adult facility if bond is not made.
438	438	SECTION 4.02. Section 51.0412, Family Code, is amended to
439	439	read as follows:
440	440	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
441	441	The court retains jurisdiction over a person, without regard to the
442	442	age of the person, who is a respondent in an adjudication
443	443	proceeding, a disposition proceeding, a proceeding to modify
444	444	disposition, a proceeding for waiver of jurisdiction and transfer
445	445	to criminal court under Section 54.02(a), or a motion for transfer
446	446	of determinate sentence probation to an appropriate district court
447	447	if:
448	448	(1) the petition or motion was filed while the
449	449	respondent was younger than 19 or 20 [18 or 19] years of age, as
450	450	applicable;
451	451	(2) the proceeding is not complete before the
452	452	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
453	453	and
454	454	(3) the court enters a finding in the proceeding that
455	455	the prosecuting attorney exercised due diligence in an attempt to
456	456	complete the proceeding before the respondent became 19 or 20 [18 or
457	457	19] years of age, as applicable.
458	458	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
459	459	amended to read as follows:
460	460	(f) A child detained in a building that contains a jail,
461	461	lockup, or other place of secure confinement, including an alcohol
462	462	or other drug treatment facility, shall be separated by sight and
463	463	sound from adults detained in the same building. Children and
464	464	adults are separated by sight and sound only if they are unable to
465	465	see each other and conversation between them is not possible. The
466	466	separation must extend to all areas of the facility, including
467	467	sally ports and passageways, and those areas used for admission,
468	468	counseling, sleeping, toileting, showering, dining, recreational,
469	469	educational, or vocational activities, and health care. The
470	470	separation may be accomplished through architectural design. A
471	471	person who has been transferred for prosecution in criminal court
472	472	under Section 54.02 and is under 18 [17] years of age is considered
473	473	a child for the purposes of this subsection.
474	474	(h) This section does not apply to a person:
475	475	(1) who has been transferred to criminal court for
476	476	prosecution under Section 54.02 and is at least 18 [17] years of
477	477	age; or
478	478	(2) who is at least 18 [17] years of age and who has
479	479	been taken into custody after having:
480	480	(A) escaped from a juvenile facility operated by
481	481	or under contract with the Texas Juvenile Justice Department; or
482	482	(B) violated a condition of release under
483	483	supervision of the department.
484	484	SECTION 4.04. Section 54.02(j), Family Code, is amended to
485	485	read as follows:
486	486	(j) The juvenile court may waive its exclusive original
487	487	jurisdiction and transfer a person to the appropriate district
488	488	court or criminal district court for criminal proceedings if:
489	489	(1) the person is 19 [18] years of age or older;
490	490	(2) the person was:
491	491	(A) 10 years of age or older and under 18 [17]
492	492	years of age at the time the person is alleged to have committed a
493	493	capital felony or an offense under Section 19.02, Penal Code;
494	494	(B) 14 years of age or older and under 18 [17]
495	495	years of age at the time the person is alleged to have committed an
496	496	aggravated controlled substance felony or a felony of the first
497	497	degree other than an offense under Section 19.02, Penal Code; or
498	498	(C) 15 years of age or older and under 18 [17]
499	499	years of age at the time the person is alleged to have committed a
500	500	felony of the second or third degree or a state jail felony;
501	501	(3) no adjudication concerning the alleged offense has
502	502	been made or no adjudication hearing concerning the offense has
503	503	been conducted;
504	504	(4) the juvenile court finds from a preponderance of
505	505	the evidence that:
506	506	(A) for a reason beyond the control of the state
507	507	it was not practicable to proceed in juvenile court before the 19th
508	508	[18th] birthday of the person; or
509	509	(B) after due diligence of the state it was not
510	510	practicable to proceed in juvenile court before the 19th [18th]
511	511	birthday of the person because:
512	512	(i) the state did not have probable cause to
513	513	proceed in juvenile court and new evidence has been found since the
514	514	19th [18th] birthday of the person;
515	515	(ii) the person could not be found; or
516	516	(iii) a previous transfer order was
517	517	reversed by an appellate court or set aside by a district court; and
518	518	(5) the juvenile court determines that there is
519	519	probable cause to believe that the child before the court committed
520	520	the offense alleged.
521	521	SECTION 4.05. Section 54.0326(b), Family Code, is amended
522	522	to read as follows:
523	523	(b) A juvenile court may defer adjudication proceedings
524	524	under Section 54.03 until the child's 19th [18th] birthday and
525	525	require a child to participate in a program established under
526	526	Section 152.0017, Human Resources Code, if the child:
527	527	(1) is alleged to have engaged in delinquent conduct
528	528	or conduct indicating a need for supervision and may be a victim of
529	529	conduct that constitutes an offense under Section 20A.02, Penal
530	530	Code; and
531	531	(2) presents to the court an oral or written request to
532	532	participate in the program.
533	533	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
534	534	are amended to read as follows:
535	535	(e) The Texas Juvenile Justice Department shall accept a
536	536	person properly committed to it by a juvenile court even though the
537	537	person may be 18 [17] years of age or older at the time of
538	538	commitment.
539	539	(l) Except as provided by Subsection (q), a court or jury
540	540	may place a child on probation under Subsection (d)(1) for any
541	541	period, except that probation may not continue on or after the
542	542	child's 19th [18th] birthday. Except as provided by Subsection
543	543	(q), the court may, before the period of probation ends, extend the
544	544	probation for any period, except that the probation may not extend
545	545	to or after the child's 19th [18th] birthday.
546	546	(q) If a court or jury sentences a child to commitment in the
547	547	Texas Juvenile Justice Department or a post-adjudication secure
548	548	correctional facility under Subsection (d)(3) for a term of not
549	549	more than 10 years, the court or jury may place the child on
550	550	probation under Subsection (d)(1) as an alternative to making the
551	551	disposition under Subsection (d)(3). The court shall prescribe the
552	552	period of probation ordered under this subsection for a term of not
553	553	more than 10 years. The court may, before the sentence of probation
554	554	expires, extend the probationary period under Section 54.05, except
555	555	that the sentence of probation and any extension may not exceed 10
556	556	years. The court may, before the child's 20th [19th] birthday,
557	557	discharge the child from the sentence of probation. If a sentence
558	558	of probation ordered under this subsection and any extension of
559	559	probation ordered under Section 54.05 will continue after the
560	560	child's 20th [19th] birthday, the court shall discharge the child
561	561	from the sentence of probation on the child's 20th [19th] birthday
562	562	unless the court transfers the child to an appropriate district
563	563	court under Section 54.051.
564	564	SECTION 4.07. Section 54.0405(i), Family Code, is amended
565	565	to read as follows:
566	566	(i) A court that requires as a condition of probation that a
567	567	child attend psychological counseling under Subsection (a) may,
568	568	before the date the probation period ends, extend the probation for
569	569	any additional period necessary to complete the required counseling
570	570	as determined by the treatment provider, except that the probation
571	571	may not be extended to a date after the date of the child's 19th
572	572	[18th] birthday, or 20th [19th] birthday if the child is placed on
573	573	determinate sentence probation under Section 54.04(q).
574	574	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
575	575	amended to read as follows:
576	576	(b) If a child is found to have engaged in delinquent
577	577	conduct or conduct indicating a need for supervision arising from
578	578	the commission of an offense in which property damage or loss or
579	579	personal injury occurred, the juvenile court, on notice to all
580	580	persons affected and on hearing, may order the child or a parent to
581	581	make full or partial restitution to the victim of the offense. The
582	582	program of restitution must promote the rehabilitation of the
583	583	child, be appropriate to the age and physical, emotional, and
584	584	mental abilities of the child, and not conflict with the child's
585	585	schooling. When practicable and subject to court supervision, the
586	586	court may approve a restitution program based on a settlement
587	587	between the child and the victim of the offense. An order under
588	588	this subsection may provide for periodic payments by the child or a
589	589	parent of the child for the period specified in the order but except
590	590	as provided by Subsection (h), that period may not extend past the
591	591	date of the 19th [18th] birthday of the child or past the date the
592	592	child is no longer enrolled in an accredited secondary school in a
593	593	program leading toward a high school diploma, whichever date is
594	594	later.
595	595	(h) If the juvenile court places the child on probation in a
596	596	determinate sentence proceeding initiated under Section 53.045 and
597	597	transfers supervision on the child's 20th [19th] birthday to a
598	598	district court for placement on community supervision, the district
599	599	court shall require the payment of any unpaid restitution as a
600	600	condition of the community supervision. The liability of the
601	601	child's parent for restitution may not be extended by transfer to a
602	602	district court for supervision.
603	603	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
604	604	amended to read as follows:
605	605	(a) Any [Except as provided by Subsection (a-1), any]
606	606	disposition, except a commitment to the Texas Juvenile Justice
607	607	Department, may be modified by the juvenile court as provided in
608	608	this section until:
609	609	(1) the child reaches:
610	610	(A) the child's 19th [18th] birthday; or
611	611	(B) the child's 20th [19th] birthday, if the
612	612	child was placed on determinate sentence probation under Section
613	613	54.04(q); or
614	614	(2) the child is earlier discharged by the court or
615	615	operation of law.
616	616	(b) Except for a commitment to the Texas Juvenile Justice
617	617	Department or to a post-adjudication secure correctional facility
618	618	under former Section 54.04011 or a placement on determinate
619	619	sentence probation under Section 54.04(q), all dispositions
620	620	automatically terminate when the child reaches the child's 19th
621	621	[18th] birthday.
622	622	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
623	623	(i), Family Code, are amended to read as follows:
624	624	(a) On motion of the state concerning a child who is placed
625	625	on probation under Section 54.04(q) for a period, including any
626	626	extension ordered under Section 54.05, that will continue after the
627	627	child's 20th [19th] birthday, the juvenile court shall hold a
628	628	hearing to determine whether to transfer the child to an
629	629	appropriate district court or discharge the child from the sentence
630	630	of probation.
631	631	(b) The hearing must be conducted before the person's 20th
632	632	[19th] birthday[, or before the person's 18th birthday if the
633	633	offense for which the person was placed on probation occurred
634	634	before September 1, 2011,] and must be conducted in the same manner
635	635	as a hearing to modify disposition under Section 54.05.
636	636	(c) If, after a hearing, the court determines to discharge
637	637	the child, the court shall specify a date on or before the child's
638	638	20th [19th] birthday to discharge the child from the sentence of
639	639	probation.
640	640	(d) If, after a hearing, the court determines to transfer
641	641	the child, the court shall transfer the child to an appropriate
642	642	district court on the child's 20th [19th] birthday.
643	643	(e-2) If a person who is placed on community supervision
644	644	under this section violates a condition of that supervision or if
645	645	the person violated a condition of probation ordered under Section
646	646	54.04(q) and that probation violation was not discovered by the
647	647	state before the person's 20th [19th] birthday, the district court
648	648	shall dispose of the violation of community supervision or
649	649	probation, as appropriate, in the same manner as if the court had
650	650	originally exercised jurisdiction over the case. If the judge
651	651	revokes community supervision, the judge may reduce the prison
652	652	sentence to any length without regard to the minimum term imposed by
653	653	Article 42A.755(a), Code of Criminal Procedure.
654	654	(i) If the juvenile court exercises jurisdiction over a
655	655	person on or after the person's 19th or 20th birthday [who is 18 or
656	656	19 years of age or older], as applicable, under Section 51.041 or
657	657	51.0412, the court or jury may, if the person is otherwise eligible,
658	658	place the person on probation under Section 54.04(q). The juvenile
659	659	court shall set the conditions of probation and immediately
660	660	transfer supervision of the person to the appropriate court
661	661	exercising criminal jurisdiction under Subsection (e).
662	662	SECTION 4.11. Section 54.11(l), Family Code, is amended to
663	663	read as follows:
664	664	(l) Pending the conclusion of a transfer hearing, the
665	665	juvenile court shall order that the person who is referred for
666	666	transfer be detained in a certified juvenile detention facility as
667	667	provided by Subsection (m). If the person is at least 18 [17] years
668	668	of age, the juvenile court may order that the person be detained
669	669	without bond in an appropriate county facility for the detention of
670	670	adults accused of criminal offenses.
671	671	SECTION 4.12. Section 55.15, Family Code, is amended to
672	672	read as follows:
673	673	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
674	674	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
675	675	which the child's case is referred under Section 55.12(2) orders
676	676	mental health services for the child, the child shall be cared for,
677	677	treated, and released in conformity to Subtitle C, Title 7, Health
678	678	and Safety Code, except:
679	679	(1) a court order for mental health services for a
680	680	child automatically expires on the 120th day after the date the
681	681	child becomes 19 [18] years of age; and
682	682	(2) the administrator of a mental health facility
683	683	shall notify, in writing, by certified mail, return receipt
684	684	requested, the juvenile court that ordered mental health services
685	685	or the juvenile court that referred the case to a court that ordered
686	686	the mental health services of the intent to discharge the child at
687	687	least 10 days prior to discharge.
688	688	SECTION 4.13. Section 55.18, Family Code, is amended to
689	689	read as follows:
690	690	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
691	691	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
692	692	mental health facility before reaching 19 [18] years of age, the
693	693	juvenile court may:
694	694	(1) dismiss the juvenile court proceedings with
695	695	prejudice; or
696	696	(2) continue with proceedings under this title as
697	697	though no order of mental health services had been made.
698	698	SECTION 4.14. The heading to Section 55.19, Family Code, is
699	699	amended to read as follows:
700	700	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
701	701	BIRTHDAY.
702	702	SECTION 4.15. Section 55.19(a), Family Code, is amended to
703	703	read as follows:
704	704	(a) The juvenile court shall transfer all pending
705	705	proceedings from the juvenile court to a criminal court on the 19th
706	706	[18th] birthday of a child for whom the juvenile court or a court to
707	707	which the child's case is referred under Section 55.12(2) has
708	708	ordered inpatient mental health services if:
709	709	(1) the child is not discharged or furloughed from the
710	710	inpatient mental health facility before reaching 19 [18] years of
711	711	age; and
712	712	(2) the child is alleged to have engaged in delinquent
713	713	conduct that included a violation of a penal law listed in Section
714	714	53.045 and no adjudication concerning the alleged conduct has been
715	715	made.
716	716	SECTION 4.16. Section 55.43(a), Family Code, is amended to
717	717	read as follows:
718	718	(a) The prosecuting attorney may file with the juvenile
719	719	court a motion for a restoration hearing concerning a child if:
720	720	(1) the child is found unfit to proceed as a result of
721	721	mental illness or an intellectual disability; and
722	722	(2) the child:
723	723	(A) is not:
724	724	(i) ordered by a court to receive inpatient
725	725	mental health or intellectual disability services;
726	726	(ii) committed by a court to a residential
727	727	care facility; or
728	728	(iii) ordered by a court to receive
729	729	treatment or services on an outpatient basis; or
730	730	(B) is discharged or currently on furlough from a
731	731	mental health facility or outpatient center before the child
732	732	reaches 19 [18] years of age.
733	733	SECTION 4.17. The heading to Section 55.44, Family Code, is
734	734	amended to read as follows:
735	735	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
736	736	BIRTHDAY OF CHILD.
737	737	SECTION 4.18. Section 55.44(a), Family Code, is amended to
738	738	read as follows:
739	739	(a) The juvenile court shall transfer all pending
740	740	proceedings from the juvenile court to a criminal court on the 19th
741	741	[18th] birthday of a child for whom the juvenile court or a court to
742	742	which the child's case is referred has ordered inpatient mental
743	743	health services or residential care for persons with an
744	744	intellectual disability if:
745	745	(1) the child is not discharged or currently on
746	746	furlough from the facility before reaching 19 [18] years of age; and
747	747	(2) the child is alleged to have engaged in delinquent
748	748	conduct that included a violation of a penal law listed in Section
749	749	53.045 and no adjudication concerning the alleged conduct has been
750	750	made.
751	751	SECTION 4.19. The heading to Section 56.03, Family Code, is
752	752	amended to read as follows:
753	753	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
754	754	FOR DETERMINATE SENTENCE].
755	755	SECTION 4.20. Section 56.03(b), Family Code, is amended to
756	756	read as follows:
757	757	(b) The state is entitled to appeal an order of a court:
758	758	(1) in a juvenile case in which the grand jury has
759	759	approved of the petition under Section 53.045 if the order:
760	760	(A) [(1)] dismisses a petition or any portion of
761	761	a petition;
762	762	(B) [(2)] arrests or modifies a judgment;
763	763	(C) [(3)] grants a new trial;
764	764	(D) [(4)] sustains a claim of former jeopardy; or
765	765	(E) [(5)] grants a motion to suppress evidence, a
766	766	confession, or an admission and if:
767	767	(i) [(A)] jeopardy has not attached in the
768	768	case;
769	769	(ii) [(B)] the prosecuting attorney
770	770	certifies to the trial court that the appeal is not taken for the
771	771	purpose of delay; and
772	772	(iii) [(C)] the evidence, confession, or
773	773	admission is of substantial importance in the case; or
774	774	(2) if the order denies the transfer of the child under
775	775	Section 54.02 to criminal court for prosecution as an adult.
776	776	SECTION 4.21. Section 58.0052(a)(3), Family Code, is
777	777	amended to read as follows:
778	778	(3) "Multi-system youth" means a person who:
779	779	(A) is younger than 20 [19] years of age; and
780	780	(B) has received services from two or more
781	781	juvenile service providers.
782	782	SECTION 4.22. Section 58.253(b), Family Code, is amended to
783	783	read as follows:
784	784	(b) A person who was referred to a juvenile probation
785	785	department for delinquent conduct is entitled to have all records
786	786	related to the person's juvenile matters, including records
787	787	relating to any matters involving conduct indicating a need for
788	788	supervision, sealed without applying to the juvenile court if the
789	789	person:
790	790	(1) is at least 20 [19] years of age;
791	791	(2) has not been adjudicated as having engaged in
792	792	delinquent conduct or, if adjudicated for delinquent conduct, was
793	793	not adjudicated for delinquent conduct violating a penal law of the
794	794	grade of felony;
795	795	(3) does not have any pending delinquent conduct
796	796	matters;
797	797	(4) has not been transferred by a juvenile court to a
798	798	criminal court for prosecution under Section 54.02;
799	799	(5) has not as an adult been convicted of a felony or a
800	800	misdemeanor punishable by confinement in jail; and
801	801	(6) does not have any pending charges as an adult for a
802	802	felony or a misdemeanor punishable by confinement in jail.
803	803	SECTION 4.23. Section 58.255(a), Family Code, is amended to
804	804	read as follows:
805	805	(a) A person who was referred to a juvenile court for
806	806	conduct indicating a need for supervision is entitled to have all
807	807	records related to all conduct indicating a need for supervision
808	808	matters sealed without applying to the juvenile court if the
809	809	person:
810	810	(1) has records relating to the conduct filed with the
811	811	court clerk;
812	812	(2) is at least 19 [18] years of age;
813	813	(3) has not been referred to the juvenile probation
814	814	department for delinquent conduct;
815	815	(4) has not as an adult been convicted of a felony; and
816	816	(5) does not have any pending charges as an adult for a
817	817	felony or a misdemeanor punishable by confinement in jail.
818	818	SECTION 4.24. Section 58.256(c), Family Code, is amended to
819	819	read as follows:
820	820	(c) Except as provided by Subsection (d), the juvenile court
821	821	may order the sealing of records related to all matters for which
822	822	the person was referred to the juvenile probation department if the
823	823	person:
824	824	(1) is at least 18 [17] years of age, or is younger
825	825	than 18 [17] years of age and at least one year has elapsed after the
826	826	date of final discharge in each matter for which the person was
827	827	referred to the juvenile probation department;
828	828	(2) does not have any delinquent conduct matters
829	829	pending with any juvenile probation department or juvenile court;
830	830	(3) was not transferred by a juvenile court to a
831	831	criminal court for prosecution under Section 54.02;
832	832	(4) has not as an adult been convicted of a felony; and
833	833	(5) does not have any pending charges as an adult for a
834	834	felony or a misdemeanor punishable by confinement in jail.
835	835	SECTION 4.25. Section 58.264(b), Family Code, is amended to
836	836	read as follows:
837	837	(b) The records related to a person referred to a juvenile
838	838	probation department may be destroyed if the person:
839	839	(1) is at least 19 [18] years of age, and:
840	840	(A) the most serious conduct for which the person
841	841	was referred was conduct indicating a need for supervision, whether
842	842	or not the person was adjudicated; or
843	843	(B) the referral or information did not relate to
844	844	conduct indicating a need for supervision or delinquent conduct and
845	845	the juvenile probation department, prosecutor, or juvenile court
846	846	did not take action on the referral or information for that reason;
847	847	(2) is at least 21 years of age, and:
848	848	(A) the most serious conduct for which the person
849	849	was adjudicated was delinquent conduct that violated a penal law of
850	850	the grade of misdemeanor; or
851	851	(B) the most serious conduct for which the person
852	852	was referred was delinquent conduct and the person was not
853	853	adjudicated as having engaged in the conduct; or
854	854	(3) is at least 31 years of age and the most serious
855	855	conduct for which the person was adjudicated was delinquent conduct
856	856	that violated a penal law of the grade of felony.
857	857	SECTION 4.26. Section 59.005(b), Family Code, is amended to
858	858	read as follows:
859	859	(b) The juvenile court or the probation department shall
860	860	discharge the child from the custody of the probation department on
861	861	the date the provisions of this section are met or on the child's
862	862	19th [18th] birthday, whichever is earlier.
863	863	SECTION 4.27. Section 59.006(b), Family Code, is amended to
864	864	read as follows:
865	865	(b) The juvenile court shall discharge the child from the
866	866	custody of the probation department on the date the provisions of
867	867	this section are met or on the child's 19th [18th] birthday,
868	868	whichever is earlier.
869	869	SECTION 4.28. Section 59.007(b), Family Code, is amended to
870	870	read as follows:
871	871	(b) The juvenile court shall discharge the child from the
872	872	custody of the probation department on the date the provisions of
873	873	this section are met or on the child's 19th [18th] birthday,
874	874	whichever is earlier.
875	875	SECTION 4.29. Section 59.008(b), Family Code, is amended to
876	876	read as follows:
877	877	(b) The juvenile court shall discharge the child from the
878	878	custody of the probation department on the date the provisions of
879	879	this section are met or on the child's 19th [18th] birthday,
880	880	whichever is earlier.
881	881	SECTION 4.30. Section 59.009(c), Family Code, is amended to
882	882	read as follows:
883	883	(c) The Texas Juvenile Justice Department, juvenile board,
884	884	or local juvenile probation department may discharge the child from
885	885	the custody of the department, board, or probation department, as
886	886	applicable, on the date the provisions of this section are met or on
887	887	the child's 20th [19th] birthday, whichever is earlier.
888	888	SECTION 4.31. Section 61.051(c), Family Code, is amended to
889	889	read as follows:
890	890	(c) The juvenile court retains jurisdiction to enter a
891	891	contempt order if the motion for enforcement is filed not later than
892	892	six months after the child's 19th [18th] birthday.
893	893	SECTION 4.32. Section 614.019(b), Health and Safety Code,
894	894	is amended to read as follows:
895	895	(b) A child with mental illness who is receiving continuity
896	896	of care services during parole from the Texas Juvenile Justice
897	897	Department and who is no longer eligible to receive services from a
898	898	local mental health authority when the child becomes 18 [17] years
899	899	of age because the child does not meet the requirements of a local
900	900	service area plan under Section 533.0352(a) may continue to receive
901	901	continuity of care services from the office until the child
902	902	completes the child's parole.
903	903	SECTION 4.33. Section 63.001(1), Human Resources Code, is
904	904	amended to read as follows:
905	905	(1) "Juvenile" means a person from the age of 10 to 20
906	906	[18] years who:
907	907	(A) has been found to have engaged in delinquent
908	908	conduct by a juvenile court; and
909	909	(B) is under the jurisdiction of the juvenile
910	910	court [of competent jurisdiction].
911	911	SECTION 4.34. Section 152.0015, Human Resources Code, is
912	912	amended to read as follows:
913	913	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
914	914	JUVENILES. A juvenile board shall establish a policy that
915	915	specifies whether a person who has been transferred for criminal
916	916	prosecution under Section 54.02, Family Code, and is younger than
917	917	18 [17] years of age may be detained in a juvenile facility pending
918	918	trial as provided by Section 51.12, Family Code.
919	919	SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
920	920	is amended to read as follows:
921	921	(2) "Child" means an individual[:
922	922	[(A)] 10 years of age or older and younger than 20
923	923	[18] years of age who is under the jurisdiction of a juvenile
924	924	court[; or
925	925	[(B) 10 years of age or older and younger than 19
926	926	years of age who is committed to the department under Title 3,
927	927	Family Code].
928	928	SECTION 4.36. Section 243.001(a), Human Resources Code, is
929	929	amended to read as follows:
930	930	(a) The department may not assign a child younger than 16
931	931	[15] years of age to the same correctional facility dormitory as a
932	932	person who is at least 18 [17] years of age unless the department
933	933	determines that the placement is necessary to ensure the safety of
934	934	children in the custody of the department. This subsection does not
935	935	apply to a dormitory that is used exclusively for short-term
936	936	assessment and orientation purposes.
937	937	SECTION 4.37. Section 243.051(b), Human Resources Code, is
938	938	amended to read as follows:
939	939	(b) A child who is arrested or taken into custody under
940	940	Subsection (a) may be detained in any suitable place, including an
941	941	adult jail facility if the person is 18 [17] years of age or older,
942	942	until the child is returned to the custody of the department or
943	943	transported to a department facility.
944	944	SECTION 4.38. Section 244.014(a), Human Resources Code, is
945	945	amended to read as follows:
946	946	(a) After a child sentenced to commitment under Section
947	947	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
948	948	years of age but before the child becomes 20 [19] years of age, the
949	949	department may refer the child to the juvenile court that entered
950	950	the order of commitment for approval of the child's transfer to the
951	951	Texas Department of Criminal Justice for confinement if:
952	952	(1) the child has not completed the sentence; and
953	953	(2) the child's conduct, regardless of whether the
954	954	child was released under supervision under Section 245.051,
955	955	indicates that the welfare of the community requires the transfer.
956	956	SECTION 4.39. Section 244.015, Human Resources Code, is
957	957	amended to read as follows:
958	958	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
959	959	DETERMINATE SENTENCES. (a) When a child who is sentenced to
960	960	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
961	961	Family Code, becomes 19 [18] years of age, the department shall
962	962	evaluate whether the child is in need of additional services that
963	963	can be completed in the six-month period after the child's 19th
964	964	[18th] birthday to prepare the child for release from the custody of
965	965	the department or transfer to the Texas Department of Criminal
966	966	Justice.
967	967	(b) This section does not apply to a child who is released
968	968	from the custody of the department or who is transferred to the
969	969	Texas Department of Criminal Justice before the child's 19th [18th]
970	970	birthday.
971	971	SECTION 4.40. Section 245.053(i), Human Resources Code, is
972	972	amended to read as follows:
973	973	(i) If the department requires as a condition of release
974	974	that a child attend psychological counseling under Subsection (a),
975	975	the department may, before the date the period of release ends,
976	976	petition the appropriate court to request the court to extend the
977	977	period of release for an additional period necessary to complete
978	978	the required counseling as determined by the treatment provider,
979	979	except that the release period may not be extended to a date after
980	980	the date of the child's 19th [18th] birthday.
981	981	SECTION 4.41. Sections 245.151(d) and (e), Human Resources
982	982	Code, are amended to read as follows:
983	983	(d) Except as provided by Subsection (e), the department
984	984	shall discharge from its custody a person not already discharged on
985	985	the person's 20th [19th] birthday.
986	986	(e) The department shall transfer a person who has been
987	987	sentenced under a determinate sentence to commitment under Section
988	988	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
989	989	returned to the department under Section 54.11(i)(1), Family Code,
990	990	to the custody of the Texas Department of Criminal Justice on the
991	991	person's 20th [19th] birthday, if the person has not already been
992	992	discharged or transferred, to serve the remainder of the person's
993	993	sentence on parole as provided by Section 508.156, Government Code.
994	994	SECTION 4.42. (a) Except as provided by Subsection (b) of
995	995	this section, the changes in law made by this article apply only to
996	996	procedures relating to conduct that occurs on or after September 1,
997	997	2025. Procedures relating to conduct that occurred before
998	998	September 1, 2025, are governed by the law in effect on the date the
999	999	conduct occurred, and the former law is continued in effect for that
1000	1000	purpose.
1001	1001	(b) The change in law made by this article to Section
1002	1002	58.0052, Family Code, applies to the sharing of information on or
1003	1003	after September 1, 2025, without regard to whether the information
1004	1004	was compiled before, on, or after that date.
1005	1005	(c) For purposes of this section, conduct occurred before
1006	1006	September 1, 2025, if any element of the conduct occurred before
1007	1007	that date.
1008	1008	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1009	1009	RESPONSIBILITY
1010	1010	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1011	1011	is amended to read as follows:
1012	1012	(5) "Confidential criminal record information of a
1013	1013	child" means information about a person's involvement in the
1014	1014	criminal justice system resulting from conduct that occurred or was
1015	1015	alleged to occur when the person was younger than 18 [17] years of
1016	1016	age that is confidential under Chapter 45, Code of Criminal
1017	1017	Procedure, or other law. The term does not include:
1018	1018	(A) criminal record information of a person
1019	1019	certified to stand trial as an adult for that conduct, as provided
1020	1020	by Section 54.02, Family Code; or
1021	1021	(B) information relating to a traffic offense.
1022	1022	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1023	1023	read as follows:
1024	1024	(b) If a child fails to obey an order issued by a truancy
1025	1025	court under Section 65.103(a) or a child is in direct contempt of
1026	1026	court and the child has failed to obey an order or has been found in
1027	1027	direct contempt of court on two or more previous occasions, the
1028	1028	truancy court, after providing notice and an opportunity for a
1029	1029	hearing, may refer the child to the juvenile probation department
1030	1030	as a request for truancy intervention, unless the child failed to
1031	1031	obey the truancy court order or was in direct contempt of court
1032	1032	while 18 [17] years of age or older.
1033	1033	SECTION 5.03. Section 79.001(10), Government Code, is
1034	1034	amended to read as follows:
1035	1035	(10) "Juvenile offense" means conduct committed by a
1036	1036	person while younger than 18 [17] years of age that constitutes:
1037	1037	(A) a misdemeanor punishable by confinement; or
1038	1038	(B) a felony.
1039	1039	SECTION 5.04. Section 351.903(a), Local Government Code, is
1040	1040	amended to read as follows:
1041	1041	(a) To provide for the public safety, the commissioners
1042	1042	court of a county by order may adopt a curfew to regulate the
1043	1043	movements or actions of persons under 18 [17] years of age during
1044	1044	the period beginning one-half hour after sunset and extending until
1045	1045	one-half hour before sunrise or during school hours, or both. The
1046	1046	order applies only to the unincorporated area of the county.
1047	1047	SECTION 5.05. Section 521.201, Transportation Code, is
1048	1048	amended to read as follows:
1049	1049	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1050	1050	department may not issue any license to a person who:
1051	1051	(1) is under 15 years of age;
1052	1052	(2) is under 18 years of age unless the person complies
1053	1053	with the requirements imposed by Section 521.204;
1054	1054	(3) is shown to be addicted to the use of alcohol, a
1055	1055	controlled substance, or another drug that renders a person
1056	1056	incapable of driving;
1057	1057	(4) holds a driver's license issued by this state or
1058	1058	another state or country that is revoked, canceled, or under
1059	1059	suspension;
1060	1060	(5) has been determined by a judgment of a court to be
1061	1061	totally incapacitated or incapacitated to act as the operator of a
1062	1062	motor vehicle unless the person has, by the date of the license
1063	1063	application, been:
1064	1064	(A) restored to capacity by judicial decree; or
1065	1065	(B) released from a hospital for the mentally
1066	1066	incapacitated on a certificate by the superintendent or
1067	1067	administrator of the hospital that the person has regained
1068	1068	capacity;
1069	1069	(6) the department determines to be afflicted with a
1070	1070	mental or physical disability or disease that prevents the person
1071	1071	from exercising reasonable and ordinary control over a motor
1072	1072	vehicle while operating the vehicle on a highway, except that a
1073	1073	person may not be refused a license because of a physical defect if
1074	1074	common experience shows that the defect does not incapacitate a
1075	1075	person from safely operating a motor vehicle;
1076	1076	(7) has been reported by a court under Section
1077	1077	521.3452 for failure to appear unless the court has filed an
1078	1078	additional report on final disposition of the case; or
1079	1079	(8) has been reported by a court for failure to appear
1080	1080	or default in payment of a fine for a misdemeanor that is not
1081	1081	covered under Subdivision (7) and that is punishable by a fine only,
1082	1082	including a misdemeanor under a municipal ordinance, committed by a
1083	1083	person who was under 18 [17] years of age at the time of the alleged
1084	1084	offense, unless the court has filed an additional report on final
1085	1085	disposition of the case.
1086	1086	SECTION 5.06. Section 65.251(b), Family Code, and Section
1087	1087	521.201, Transportation Code, as amended by this article, apply
1088	1088	only to an offense committed or conduct that occurred on or after
1089	1089	September 1, 2025. An offense committed or conduct that occurred
1090	1090	before September 1, 2025, is governed by the law in effect on the
1091	1091	date the offense was committed or the conduct occurred, and the
1092	1092	former law is continued in effect for that purpose. For purposes of
1093	1093	this section, an offense was committed or conduct occurred before
1094	1094	September 1, 2025, if any element of the offense or conduct occurred
1095	1095	before that date.
1096	1096	ARTICLE 6. ADVISORY COMMITTEE
1097	1097	SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1098	1098	Not later than December 1, 2023, the Texas Juvenile Justice Board
1099	1099	shall appoint an advisory committee to monitor and evaluate
1100	1100	implementation of this Act.
1101	1101	(b) In making appointments to the advisory committee, the
1102	1102	board shall include members who are interested parties, including:
1103	1103	(1) the executive director of the Texas Juvenile
1104	1104	Justice Department or the executive director's designee;
1105	1105	(2) the director of probation services of the Texas
1106	1106	Juvenile Justice Department or the director's designee;
1107	1107	(3) the executive commissioner of the Health and Human
1108	1108	Services Commission or the executive commissioner's designee;
1109	1109	(4) one representative of county commissioners courts
1110	1110	appointed by the board;
1111	1111	(5) two juvenile court judges appointed by the board;
1112	1112	(6) seven chief juvenile probation officers appointed
1113	1113	by the board as provided by Subsection (c) of this section;
1114	1114	(7) juvenile prosecutors;
1115	1115	(8) juvenile defense attorneys;
1116	1116	(9) juvenile justice advocates; and
1117	1117	(10) individuals who were adjudicated for juvenile
1118	1118	offenses in this state or who were prosecuted as adults for offenses
1119	1119	committed when they were 17 years old, or their family members.
1120	1120	(c) The board shall appoint to the advisory committee one
1121	1121	chief juvenile probation officer from each regional chiefs
1122	1122	association in this state from a list of nominees submitted to the
1123	1123	board by each regional chiefs association. To the greatest extent
1124	1124	practicable, a regional chiefs association shall include in the
1125	1125	association's list of nominees:
1126	1126	(1) one chief juvenile probation officer of a juvenile
1127	1127	probation department serving a county with a population that
1128	1128	includes fewer than 7,500 persons younger than 18 years of age;
1129	1129	(2) one chief juvenile probation officer of a juvenile
1130	1130	probation department serving a county with a population that
1131	1131	includes at least 7,500 but fewer than 80,000 persons younger than
1132	1132	18 years of age; and
1133	1133	(3) one chief juvenile probation officer of a juvenile
1134	1134	probation department serving a county with a population that
1135	1135	includes 80,000 or more persons younger than 18 years of age.
1136	1136	(d) The board shall designate one of the members as
1137	1137	presiding officer of the advisory committee.
1138	1138	(e) The advisory committee shall assist the Texas Juvenile
1139	1139	Justice Department in evaluating and monitoring the implementation
1140	1140	of this Act, which includes determining the needs and problems of
1141	1141	county juvenile boards and probation departments, and offer
1142	1142	recommendations to meet identified needs and problems.
1143	1143	(f) Members of the advisory committee serve without
1144	1144	compensation and are not entitled to reimbursement for expenses.
1145	1145	(g) The advisory committee is not subject to Chapter 2110,
1146	1146	Government Code.
1147	1147	(h) The advisory committee is abolished and this article
1148	1148	expires June 1, 2026.
1149	1149	ARTICLE 7. EFFECTIVE DATES
1150	1150	SECTION 7.01. (a) Except as provided by Subsection (b) of
1151	1151	this section, this Act takes effect September 1, 2025.
1152	1152	(b) Article 6 of this Act takes effect September 1, 2023.