Texas 2023 - 88th Regular

Texas Senate Bill SB2589 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Schwertner S.B. No. 2589
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prosecution and punishment of juveniles who commit
7	7	certain felony offenses while committed to the custody of the Texas
8	8	Juvenile Justice Department and the waiver of jurisdiction and
9	9	discretionary transfer of a child from a juvenile court to a
10	10	criminal court; changing eligibility for community supervision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42A.054, Code of Criminal Procedure, is
13	13	amended by adding Subsection (b-1) to read as follows:
14	14	(b-1) Article 42A.053 does not apply to a defendant if it is
15	15	shown that the defendant committed an offense punishable as a
16	16	felony when the defendant was:
17	17	(1) at least 17 years of age;
18	18	(2) committed to the Texas Juvenile Justice
19	19	Department; and
20	20	(3) confined in a secure facility operated under
21	21	Subtitle C, Title 12, Human Resources Code.
22	22	SECTION 2. Article 42A.056, Code of Criminal Procedure, is
23	23	amended to read as follows:
24	24	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
25	25	SUPERVISION. A defendant is not eligible for community supervision
26	26	under Article 42A.055 if the defendant:
27	27	(1) is sentenced to a term of imprisonment that
28	28	exceeds 10 years;
29	29	(2) is convicted of a state jail felony for which
30	30	suspension of the imposition of the sentence occurs automatically
31	31	under Article 42A.551;
32	32	(3) is adjudged guilty of an offense under Section
33	33	19.02, Penal Code;
34	34	(4) is convicted of an offense under Section 21.11,
35	35	22.011, or 22.021, Penal Code, if the victim of the offense was
36	36	younger than 14 years of age at the time the offense was committed;
37	37	(5) is convicted of an offense under Section 20.04,
38	38	Penal Code, if:
39	39	(A) the victim of the offense was younger than 14
40	40	years of age at the time the offense was committed; and
41	41	(B) the actor committed the offense with the
42	42	intent to violate or abuse the victim sexually;
43	43	(6) is convicted of an offense under Section 20A.02,
44	44	20A.03, 43.04, 43.05, or 43.25, Penal Code;
45	45	(7) is convicted of an offense for which punishment is
46	46	increased under Section 481.134(c), (d), (e), or (f), Health and
47	47	Safety Code, if it is shown that the defendant has been previously
48	48	convicted of an offense for which punishment was increased under
49	49	any of those subsections; [or]
50	50	(8) is convicted of an offense under Section 481.1123,
51	51	Health and Safety Code, if the offense is punishable under
52	52	Subsection (d), (e), or (f) of that section; or
53	53	(9) is convicted of an offense punishable as a felony
54	54	when the defendant was:
55	55	(A) at least 17 years of age;
56	56	(B) committed to the Texas Juvenile Justice
57	57	Department; and
58	58	(C) confined in a secure facility operated under
59	59	Subtitle C, Title 12, Human Resources Code.
60	60	SECTION 3. Section 53.045(a), Family Code, is amended to
61	61	read as follows:
62	62	(a) Except as provided by Subsection (e), the prosecuting
63	63	attorney may refer the petition to the grand jury of the county in
64	64	which the court in which the petition is filed presides if the
65	65	petition alleges that the child engaged in delinquent conduct that:
66	66	(1) constitutes habitual felony conduct as described
67	67	by Section 51.031;
68	68	(2) [or that] included the violation of any of the
69	69	following provisions:
70	70	(A) [(1)] Section 19.02, Penal Code (murder);
71	71	(B) [(2)] Section 19.03, Penal Code (capital
72	72	murder);
73	73	(C) [(3)] Section 19.04, Penal Code
74	74	(manslaughter);
75	75	(D) [(4)] Section 20.04, Penal Code (aggravated
76	76	kidnapping);
77	77	(E) [(5)] Section 22.011, Penal Code (sexual
78	78	assault) or Section 22.021, Penal Code (aggravated sexual assault);
79	79	(F) [(6)] Section 22.02, Penal Code (aggravated
80	80	assault);
81	81	(G) [(7)] Section 29.03, Penal Code (aggravated
82	82	robbery);
83	83	(H) [(8)] Section 22.04, Penal Code (injury to a
84	84	child, elderly individual, or disabled individual), if the offense
85	85	is punishable as a felony, other than a state jail felony;
86	86	(I) [(9)] Section 22.05(b), Penal Code (felony
87	87	deadly conduct involving discharging a firearm);
88	88	(J) [(10)] Subchapter D, Chapter 481, Health and
89	89	Safety Code, if the conduct constitutes a felony of the first degree
90	90	or an aggravated controlled substance felony (certain offenses
91	91	involving controlled substances);
92	92	(K) [(11)] Section 15.03, Penal Code (criminal
93	93	solicitation);
94	94	(L) [(12)] Section 21.11(a)(1), Penal Code
95	95	(indecency with a child);
96	96	(M) [(13)] Section 15.031, Penal Code (criminal
97	97	solicitation of a minor);
98	98	(N) [(14)] Section 15.01, Penal Code (criminal
99	99	attempt), if the offense attempted was an offense under Section
100	100	19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
101	101	murder), or an offense listed by Article 42A.054(a), Code of
102	102	Criminal Procedure;
103	103	(O) [(15)] Section 28.02, Penal Code (arson), if
104	104	bodily injury or death is suffered by any person by reason of the
105	105	commission of the conduct;
106	106	(P) [(16)] Section 49.08, Penal Code
107	107	(intoxication manslaughter); or
108	108	(Q) [(17)] Section 15.02, Penal Code (criminal
109	109	conspiracy), if the offense made the subject of the criminal
110	110	conspiracy includes a violation of any of the provisions referenced
111	111	in Paragraphs (A) through (P); or
112	112	(3) constitutes a felony of the first, second, or
113	113	third degree committed while the child was committed to the Texas
114	114	Juvenile Justice Department [Subdivisions (1) through (16)].
115	115	SECTION 4. Sections 54.02(a) and (j), Family Code, are
116	116	amended to read as follows:
117	117	(a) The juvenile court may waive its exclusive original
118	118	jurisdiction and transfer a child to the appropriate district court
119	119	or criminal district court for criminal proceedings if:
120	120	(1) the child is alleged to have violated a penal law
121	121	of the grade of felony;
122	122	(2) the child was:
123	123	(A) 14 years of age or older at the time the child
124	124	[he] is alleged to have committed the offense, if the offense is a
125	125	capital felony, an aggravated controlled substance felony, or a
126	126	felony of the first degree, and no adjudication hearing has been
127	127	conducted concerning that offense; or
128	128	(B) 15 years of age or older at the time the child
129	129	is alleged to have committed the offense, if the offense is a felony
130	130	of the second or third degree [or a state jail felony], and no
131	131	adjudication hearing has been conducted concerning that offense;
132	132	and
133	133	(3) after a full investigation and a hearing, the
134	134	juvenile court determines that there is probable cause to believe
135	135	that the child before the court committed the offense alleged and
136	136	that because of the seriousness of the offense alleged or the
137	137	background of the child the welfare of the community requires
138	138	criminal proceedings.
139	139	(j) The juvenile court may waive its exclusive original
140	140	jurisdiction and transfer a person to the appropriate district
141	141	court or criminal district court for criminal proceedings if:
142	142	(1) the person is 18 years of age or older;
143	143	(2) the person was:
144	144	(A) 10 years of age or older and under 17 years of
145	145	age at the time the person is alleged to have committed a capital
146	146	felony or an offense under Section 19.02, Penal Code;
147	147	(B) 14 years of age or older and under 17 years of
148	148	age at the time the person is alleged to have committed an
149	149	aggravated controlled substance felony or a felony of the first
150	150	degree other than an offense under Section 19.02, Penal Code; or
151	151	(C) 15 years of age or older and under 17 years of
152	152	age at the time the person is alleged to have committed a felony of
153	153	the second or third degree [or a state jail felony];
154	154	(3) no adjudication concerning the alleged offense has
155	155	been made or no adjudication hearing concerning the offense has
156	156	been conducted;
157	157	(4) the juvenile court finds from a preponderance of
158	158	the evidence that:
159	159	(A) for a reason beyond the control of the state
160	160	it was not practicable to proceed in juvenile court before the 18th
161	161	birthday of the person; or
162	162	(B) after due diligence of the state it was not
163	163	practicable to proceed in juvenile court before the 18th birthday
164	164	of the person because:
165	165	(i) the state did not have probable cause to
166	166	proceed in juvenile court and new evidence has been found since the
167	167	18th birthday of the person;
168	168	(ii) the person could not be found; or
169	169	(iii) a previous transfer order was
170	170	reversed by an appellate court or set aside by a district court; and
171	171	(5) the juvenile court determines that there is
172	172	probable cause to believe that the child before the court committed
173	173	the offense alleged.
174	174	SECTION 5. The changes in law made by this Act to Articles
175	175	42A.054 and 42A.056, Code of Criminal Procedure, and Sections
176	176	53.045 and 54.02, Family Code, apply only to an offense committed or
177	177	conduct that occurs on or after the effective date of this Act. An
178	178	offense committed or conduct that occurred before that date is
179	179	governed by the law in effect on the date the offense was committed
180	180	or the conduct occurred, and the former law is continued in effect
181	181	for that purpose. For purposes of this section, an offense was
182	182	committed or conduct occurred before the effective date of this Act
183	183	if any element of the offense or conduct occurred before that date.
184	184	SECTION 6. This Act takes effect September 1, 2023.