By: Schwertner S.B. No. 2589
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of juveniles who commit
certain felony offenses while committed to the custody of the Texas
Juvenile Justice Department and the waiver of jurisdiction and
discretionary transfer of a child from a juvenile court to a
criminal court; changing eligibility for community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.054, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) Article 42A.053 does not apply to a defendant if it is
shown that the defendant committed an offense punishable as a
felony when the defendant was:
(1) at least 17 years of age;
(2) committed to the Texas Juvenile Justice
Department; and
(3) confined in a secure facility operated under
Subtitle C, Title 12, Human Resources Code.
SECTION 2. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section 21.11,
22.011, or 22.021, Penal Code, if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code;
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections; [or]
(8) is convicted of an offense under Section 481.1123,
Health and Safety Code, if the offense is punishable under
Subsection (d), (e), or (f) of that section; or
(9) is convicted of an offense punishable as a felony
when the defendant was:
(A) at least 17 years of age;
(B) committed to the Texas Juvenile Justice
Department; and
(C) confined in a secure facility operated under
Subtitle C, Title 12, Human Resources Code.
SECTION 3. Section 53.045(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), the prosecuting
attorney may refer the petition to the grand jury of the county in
which the court in which the petition is filed presides if the
petition alleges that the child engaged in delinquent conduct that:
(1) constitutes habitual felony conduct as described
by Section 51.031;
(2) [or that] included the violation of any of the
following provisions:
(A) [(1)] Section 19.02, Penal Code (murder);
(B) [(2)] Section 19.03, Penal Code (capital
murder);
(C) [(3)] Section 19.04, Penal Code
(manslaughter);
(D) [(4)] Section 20.04, Penal Code (aggravated
kidnapping);
(E) [(5)] Section 22.011, Penal Code (sexual
assault) or Section 22.021, Penal Code (aggravated sexual assault);
(F) [(6)] Section 22.02, Penal Code (aggravated
assault);
(G) [(7)] Section 29.03, Penal Code (aggravated
robbery);
(H) [(8)] Section 22.04, Penal Code (injury to a
child, elderly individual, or disabled individual), if the offense
is punishable as a felony, other than a state jail felony;
(I) [(9)] Section 22.05(b), Penal Code (felony
deadly conduct involving discharging a firearm);
(J) [(10)] Subchapter D, Chapter 481, Health and
Safety Code, if the conduct constitutes a felony of the first degree
or an aggravated controlled substance felony (certain offenses
involving controlled substances);
(K) [(11)] Section 15.03, Penal Code (criminal
solicitation);
(L) [(12)] Section 21.11(a)(1), Penal Code
(indecency with a child);
(M) [(13)] Section 15.031, Penal Code (criminal
solicitation of a minor);
(N) [(14)] Section 15.01, Penal Code (criminal
attempt), if the offense attempted was an offense under Section
19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
murder), or an offense listed by Article 42A.054(a), Code of
Criminal Procedure;
(O) [(15)] Section 28.02, Penal Code (arson), if
bodily injury or death is suffered by any person by reason of the
commission of the conduct;
(P) [(16)] Section 49.08, Penal Code
(intoxication manslaughter); or
(Q) [(17)] Section 15.02, Penal Code (criminal
conspiracy), if the offense made the subject of the criminal
conspiracy includes a violation of any of the provisions referenced
in Paragraphs (A) through (P); or
(3) constitutes a felony of the first, second, or
third degree committed while the child was committed to the Texas
Juvenile Justice Department [Subdivisions (1) through (16)].
SECTION 4. Sections 54.02(a) and (j), Family Code, are
amended to read as follows:
(a) The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the appropriate district court
or criminal district court for criminal proceedings if:
(1) the child is alleged to have violated a penal law
of the grade of felony;
(2) the child was:
(A) 14 years of age or older at the time the child
[he] is alleged to have committed the offense, if the offense is a
capital felony, an aggravated controlled substance felony, or a
felony of the first degree, and no adjudication hearing has been
conducted concerning that offense; or
(B) 15 years of age or older at the time the child
is alleged to have committed the offense, if the offense is a felony
of the second or third degree [or a state jail felony], and no
adjudication hearing has been conducted concerning that offense;
and
(3) after a full investigation and a hearing, the
juvenile court determines that there is probable cause to believe
that the child before the court committed the offense alleged and
that because of the seriousness of the offense alleged or the
background of the child the welfare of the community requires
criminal proceedings.
(j) The juvenile court may waive its exclusive original
jurisdiction and transfer a person to the appropriate district
court or criminal district court for criminal proceedings if:
(1) the person is 18 years of age or older;
(2) the person was:
(A) 10 years of age or older and under 17 years of
age at the time the person is alleged to have committed a capital
felony or an offense under Section 19.02, Penal Code;
(B) 14 years of age or older and under 17 years of
age at the time the person is alleged to have committed an
aggravated controlled substance felony or a felony of the first
degree other than an offense under Section 19.02, Penal Code; or
(C) 15 years of age or older and under 17 years of
age at the time the person is alleged to have committed a felony of
the second or third degree [or a state jail felony];
(3) no adjudication concerning the alleged offense has
been made or no adjudication hearing concerning the offense has
been conducted;
(4) the juvenile court finds from a preponderance of
the evidence that:
(A) for a reason beyond the control of the state
it was not practicable to proceed in juvenile court before the 18th
birthday of the person; or
(B) after due diligence of the state it was not
practicable to proceed in juvenile court before the 18th birthday
of the person because:
(i) the state did not have probable cause to
proceed in juvenile court and new evidence has been found since the
18th birthday of the person;
(ii) the person could not be found; or
(iii) a previous transfer order was
reversed by an appellate court or set aside by a district court; and
(5) the juvenile court determines that there is
probable cause to believe that the child before the court committed
the offense alleged.
SECTION 5. The changes in law made by this Act to Articles
42A.054 and 42A.056, Code of Criminal Procedure, and Sections
53.045 and 54.02, Family Code, apply only to an offense committed or
conduct that occurs on or after the effective date of this Act. An
offense committed or conduct that occurred before that date is
governed by the law in effect on the date the offense was committed
or the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed or conduct occurred before the effective date of this Act
if any element of the offense or conduct occurred before that date.
SECTION 6. This Act takes effect September 1, 2023.