Texas 2025 - 89th Regular

Texas House Bill HB31 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R19681 CJD-D
2	2	By: Thompson H.B. No. 31
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures related to juvenile justice proceedings and
10	10	to the treatment of children detained in or committed to a juvenile
11	11	facility.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 51.02, Family Code, is amended by adding
14	14	Subdivision (7-a) to read as follows:
15	15	(7-a) "Mitigating evidence" means evidence presented at
16	16	a proceeding under this title that:
17	17	(A) is used to assess the growth and maturity of a
18	18	child; and
19	19	(B) takes into consideration:
20	20	(i) the diminished culpability of
21	21	juveniles, as compared to that of adults;
22	22	(ii) the hallmark features of youth; and
23	23	(iii) the greater capacity of juveniles for
24	24	change, as compared to that of adults.
25	25	SECTION 2. Chapter 51, Family Code, is amended by adding
26	26	Sections 51.22, 51.23, and 51.24 to read as follows:
27	27	Sec. 51.22. USE OF CHEMICAL DISPENSING DEVICE IN JUVENILE
28	28	FACILITY PROHIBITED. (a) In this section:
29	29	(1) "Chemical dispensing device" means a device that
30	30	is designed, made, or adapted for the purpose of dispensing a
31	31	substance capable of causing an adverse psychological or
32	32	physiological effect on a human being. The term includes pepper
33	33	spray, capsicum spray, OC gas, and oleoresin capsicum.
34	34	(2) "Juvenile facility" has the meaning assigned by
35	35	Section 39.04, Penal Code.
36	36	(b) An employee, contractor, volunteer, intern, or service
37	37	provider working in a juvenile facility may not use a chemical
38	38	dispensing device against a child in the facility.
39	39	Sec. 51.23. ANNUAL USE OF FORCE AUDIT. (a) In this
40	40	section:
41	41	(1) "Chemical dispensing device" has the meaning
42	42	assigned by Section 51.22.
43	43	(2) "Department" means the Texas Juvenile Justice
44	44	Department.
45	45	(3) "Juvenile facility" has the meaning assigned by
46	46	Section 39.04, Penal Code.
47	47	(b) The department shall annually conduct an audit of use
48	48	of force incidents to identify patterns, deficiencies, or instances
49	49	of noncompliance with de-escalation protocols and the prohibition
50	50	on chemical dispensing devices in juvenile facilities.
51	51	(c) The administrator of a juvenile facility operated by or
52	52	under contract with a juvenile board or other local governmental
53	53	unit shall annually report to the department data regarding use of
54	54	force incidents in the facility. An administrator shall make the
55	55	report required by this subsection in a form and by a date
56	56	prescribed by the department.
57	57	(d) Not later than August 31 of each year, the department
58	58	shall deliver a report to the legislature regarding the findings of
59	59	the audit conducted under Subsection (b).
60	60	(e) The department shall timely post on the department's
61	61	Internet website the audit findings and aggregate data collected
62	62	during the audit.
63	63	Sec. 51.24. SOLITARY CONFINEMENT; REPORT. (a) In this
64	64	section:
65	65	(1) "Department" means the Texas Juvenile Justice
66	66	Department.
67	67	(2) "Juvenile facility" has the meaning assigned by
68	68	Section 39.04, Penal Code.
69	69	(3) "Solitary confinement" means, with respect to a
70	70	child in a juvenile facility, the involuntary separation of the
71	71	child from other children placed in the facility in an area or room
72	72	from which the child is prevented from leaving. The term does not
73	73	include the involuntary separation of the child for a medical
74	74	purpose.
75	75	(b) A juvenile facility may not place a child in solitary
76	76	confinement unless:
77	77	(1) the child poses an immediate risk of physical harm
78	78	to the child's self or another;
79	79	(2) placement in solitary confinement does not violate
80	80	principles of trauma-informed care and does not interfere with
81	81	de-escalation strategies;
82	82	(3) all other less restrictive methods of addressing
83	83	the immediate risk of physical harm have been exhausted; and
84	84	(4) the child is placed in solitary confinement for a
85	85	period that does not exceed the shortest period permitted for
86	86	placement of a child in solitary confinement by a state or federal
87	87	law, including an administrative rule.
88	88	(c) The administrator or superintendent of a juvenile
89	89	facility shall:
90	90	(1) create a report documenting each instance a child
91	91	in the facility is placed in solitary confinement and include in the
92	92	report:
93	93	(A) the reason for the placement;
94	94	(B) the duration of the placement; and
95	95	(C) any intervention attempted before the child
96	96	was placed in solitary confinement; and
97	97	(2) annually submit the report under Subdivision (1)
98	98	to the department.
99	99	(d) The department shall monitor and enforce compliance
100	100	with the requirements of this section by regularly auditing and
101	101	reviewing juvenile facility practices related to placing children
102	102	in solitary confinement.
103	103	SECTION 3. Section 54.02, Family Code, is amended by
104	104	amending Subsections (a), (d), (f), (h), (l), and (n) and adding
105	105	Subsections (d-1) and (d-2) to read as follows:
106	106	(a) The juvenile court may waive its exclusive original
107	107	jurisdiction and transfer a child to the appropriate district court
108	108	or criminal district court for criminal proceedings if:
109	109	(1) the child is alleged to have violated a penal law
110	110	of the grade of felony;
111	111	(2) the child was:
112	112	(A) 14 years of age or older at the time the child
113	113	[he] is alleged to have committed the offense, if the offense is a
114	114	capital felony[, an aggravated controlled substance felony, or a
115	115	felony of the first degree,] and no adjudication hearing has been
116	116	conducted concerning that offense; or
117	117	(B) 15 years of age or older at the time the child
118	118	is alleged to have committed the offense, if:
119	119	(i) the offense is a violation of Section
120	120	19.02 or 22.011, Penal Code, or the petition for the offense alleges
121	121	that the child engaged in conduct that constitutes habitual felony
122	122	conduct as described by Section 51.031 of this code; [of the second
123	123	or third degree or a state jail felony,] and
124	124	(ii) no adjudication hearing has been
125	125	conducted concerning the [that] offense; and
126	126	(3) after a full investigation and a hearing, the
127	127	juvenile court determines that there is probable cause to believe
128	128	that the child before the court committed the offense or engaged in
129	129	the conduct constituting habitual felony conduct alleged, as
130	130	applicable, and that because of the seriousness of the offense or
131	131	conduct alleged or the background of the child the welfare of the
132	132	community requires criminal proceedings.
133	133	(d) Prior to the hearing, the juvenile court shall admonish
134	134	the child in open court and in the presence of the child's attorney
135	135	regarding:
136	136	(1) the court's consideration of waiving its
137	137	jurisdiction over the child and transferring the child to criminal
138	138	court for criminal proceedings; and
139	139	(2) the child's right to participate or to decline to
140	140	participate in any diagnostic study, social evaluation, or
141	141	investigation ordered by the juvenile court under Subsection (d-1).
142	142	(d-1) After the admonishment under Subsection (d), the
143	143	juvenile court shall order [and obtain] a complete diagnostic
144	144	study, social evaluation, and full investigation of the child, the
145	145	child's [his] circumstances, and the circumstances of the alleged
146	146	offense and shall set the date of the transfer hearing. If the
147	147	child declines to participate in a study, evaluation, or
148	148	investigation, the child's attorney shall state the refusal to the
149	149	court in open court or in writing not later than the fifth business
150	150	day after the date the court ordered the study, evaluation, or
151	151	investigation.
152	152	(d-2) In a hearing under this section, a presumption exists
153	153	that it is in the best interest of the child and of justice that the
154	154	juvenile court retain jurisdiction over the child. The burden is on
155	155	the state to overcome this presumption.
156	156	(f) In making the determination required by Subsection (a)
157	157	of this section, the court shall consider, among other matters:
158	158	(1) whether the alleged offense was against person or
159	159	property, with greater weight in favor of transfer given to
160	160	offenses against the person;
161	161	(2) the sophistication and maturity of the child;
162	162	(3) the record and previous history of the child;
163	163	[and]
164	164	(4) the prospects of adequate protection of the public
165	165	and the likelihood of the rehabilitation of the child by use of
166	166	procedures, services, and facilities currently available to the
167	167	juvenile court;
168	168	(5) the substantive requirements for waiving
169	169	jurisdiction;
170	170	(6) relevant information ascertained in the full
171	171	investigation of the child; and
172	172	(7) the benefits or harm of retaining the child in the
173	173	juvenile justice system.
174	174	(h) If the juvenile court waives jurisdiction, it shall
175	175	state specifically in the order its reasons for waiver. The
176	176	statement of reasons must set forth a rational basis for the waiver
177	177	of jurisdiction, with sufficient specificity to permit meaningful
178	178	review, and must include case-specific findings of fact that do not
179	179	rely solely on the nature or seriousness of the offense. The court
180	180	shall [and] certify its action, including the written order and
181	181	findings of the court, and shall transfer the person to the
182	182	appropriate court for criminal proceedings and cause the results of
183	183	the diagnostic study of the person ordered under Subsection (d-1)
184	184	[(d)], including psychological information, to be transferred to
185	185	the appropriate criminal prosecutor. On transfer of the person for
186	186	criminal proceedings, the person shall be dealt with as an adult and
187	187	in accordance with the Code of Criminal Procedure, except that if
188	188	detention in a certified juvenile detention facility is authorized
189	189	under Section 152.0015, Human Resources Code, the juvenile court
190	190	may order the person to be detained in the facility pending trial or
191	191	until the criminal court enters an order under Article 4.19, Code of
192	192	Criminal Procedure. A transfer of custody made under this
193	193	subsection is an arrest.
194	194	(l) The juvenile court shall conduct a hearing without a
195	195	jury to consider waiver of jurisdiction under Subsection (j).
196	196	Except as otherwise provided by this subsection, a waiver of
197	197	jurisdiction under Subsection (j) may be made without the necessity
198	198	of conducting the diagnostic study [or complying with the
199	199	requirements of discretionary transfer proceedings] under
200	200	Subsection (d-1) [(d)]. If requested by the attorney for the person
201	201	at least 10 days before the transfer hearing, the court shall order
202	202	that the person be examined pursuant to Section 51.20(a) and that
203	203	the results of the examination be provided to the attorney for the
204	204	person and the attorney for the state at least five days before the
205	205	transfer hearing.
206	206	(n) A mandatory transfer under Subsection (m) may be made
207	207	without conducting the study required in discretionary transfer
208	208	proceedings by Subsection (d-1) [(d)]. The requirements of
209	209	Subsection (b) that the summons state that the purpose of the
210	210	hearing is to consider discretionary transfer to criminal court
211	211	does not apply to a transfer proceeding under Subsection (m). In a
212	212	proceeding under Subsection (m), it is sufficient that the summons
213	213	provide fair notice that the purpose of the hearing is to consider
214	214	mandatory transfer to criminal court.
215	215	SECTION 4. Section 54.04, Family Code, is amended by
216	216	amending Subsection (d) and adding Subsection (s) to read as
217	217	follows:
218	218	(d) If the court or jury makes the finding specified in
219	219	Subsection (c) allowing the court to make a disposition in the case:
220	220	(1) the court or jury may, in addition to any order
221	221	required or authorized under Section 54.041 or 54.042, place the
222	222	child on probation on such reasonable and lawful terms as the court
223	223	may determine:
224	224	(A) in the child's own home or in the custody of a
225	225	relative or other fit person; or
226	226	(B) subject to the finding under Subsection (c)
227	227	on the placement of the child outside the child's home, in:
228	228	(i) a suitable foster home;
229	229	(ii) a suitable public or private
230	230	residential treatment facility licensed by a state governmental
231	231	entity or exempted from licensure by state law, except a facility
232	232	operated by the Texas Juvenile Justice Department; or
233	233	(iii) a suitable public or private
234	234	post-adjudication secure correctional facility that meets the
235	235	requirements of Section 51.125, except a facility operated by the
236	236	Texas Juvenile Justice Department;
237	237	(2) if the court or jury found at the conclusion of the
238	238	adjudication hearing that the child engaged in delinquent conduct
239	239	that constitutes serious felony conduct [violates a penal law of
240	240	this state or the United States of the grade of felony], the court
241	241	or jury made a special commitment finding under Section 54.04013,
242	242	and the petition was not approved by the grand jury under Section
243	243	53.045, the court may commit the child to the Texas Juvenile Justice
244	244	Department under Section 54.04013[, or a post-adjudication secure
245	245	correctional facility under Section 54.04011(c)(1), as
246	246	applicable,] without a determinate sentence;
247	247	(3) if the court or jury found at the conclusion of the
248	248	adjudication hearing that the child engaged in delinquent conduct
249	249	that included a violation of a penal law listed in Section 53.045(a)
250	250	and if the petition was approved by the grand jury under Section
251	251	53.045, the court or jury may sentence the child to commitment in
252	252	the Texas Juvenile Justice Department [or a post-adjudication
253	253	secure correctional facility under Section 54.04011(c)(2)] with a
254	254	possible transfer to the Texas Department of Criminal Justice for a
255	255	term of:
256	256	(A) not more than 40 years if the conduct
257	257	constitutes:
258	258	(i) a capital felony;
259	259	(ii) a felony of the first degree; or
260	260	(iii) an aggravated controlled substance
261	261	felony;
262	262	(B) not more than 20 years if the conduct
263	263	constitutes a felony of the second degree; or
264	264	(C) not more than 10 years if the conduct
265	265	constitutes a felony of the third degree;
266	266	(4) the court may assign the child an appropriate
267	267	sanction level and sanctions as provided by the assignment
268	268	guidelines in Section 59.003;
269	269	(5) the court may place the child in a suitable
270	270	nonsecure correctional facility that is registered and meets the
271	271	applicable standards for the facility as provided by Section
272	272	51.126; or
273	273	(6) if applicable, the court or jury may make a
274	274	disposition under Subsection (m) [or Section 54.04011(c)(2)(A)].
275	275	(s) In this section, "serious felony conduct" means
276	276	conduct:
277	277	(1) that constitutes an offense under any of the
278	278	following provisions of the Penal Code:
279	279	(A) Section 19.02 (murder);
280	280	(B) Section 19.03 (capital murder);
281	281	(C) Section 20.03 (kidnapping);
282	282	(D) Section 20.04 (aggravated kidnapping);
283	283	(E) Section 20A.03 (continuous trafficking of
284	284	persons);
285	285	(F) Section 21.02 (continuous sexual abuse of
286	286	young child or disabled individual);
287	287	(G) Section 21.11 (indecency with a child);
288	288	(H) Section 22.011 (sexual assault);
289	289	(I) Section 22.02 (aggravated assault);
290	290	(J) Section 22.021 (aggravated sexual assault);
291	291	(K) Section 22.04 (injury to a child, elderly
292	292	individual, or disabled individual); or
293	293	(L) Section 29.03 (aggravated robbery);
294	294	(2) for which it is shown that a deadly weapon, as
295	295	defined by Section 1.07, Penal Code, was used or exhibited during
296	296	the commission of the conduct or during immediate flight from the
297	297	commission of the conduct; or
298	298	(3) that constitutes habitual felony conduct as
299	299	described by Section 51.031.
300	300	SECTION 5. Section 54.04013, Family Code, is amended to
301	301	read as follows:
302	302	Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE
303	303	DEPARTMENT. (a) Notwithstanding any other provision of this code,
304	304	after a disposition hearing held in accordance with Section 54.04
305	305	or a hearing to modify a disposition held in accordance with Section
306	306	54.05, the juvenile court may commit a child who is found to have
307	307	engaged in delinquent conduct that constitutes serious felony
308	308	conduct, as defined by Section 54.04, [a felony offense] to the
309	309	Texas Juvenile Justice Department without a determinate sentence if
310	310	the court makes a special commitment finding that the child has
311	311	behavioral health or other special needs that cannot be met with the
312	312	resources available in the community. The court should consider
313	313	the findings of a validated risk and needs assessment and the
314	314	findings of any other appropriate professional assessment
315	315	available to the court.
316	316	(b) In making a special commitment finding under Subsection
317	317	(a), the court may consider mitigating evidence of the child's
318	318	circumstances.
319	319	SECTION 6. Sections 54.05(f) and (j), Family Code, are
320	320	amended to read as follows:
321	321	(f) Except as provided by Subsection (j), a disposition
322	322	based on a finding that the child engaged in delinquent conduct that
323	323	violates a penal law of this state or the United States of the grade
324	324	of felony may be modified so as to commit the child to the Texas
325	325	Juvenile Justice Department [or, if applicable, a
326	326	post-adjudication secure correctional facility operated under
327	327	Section 152.0016, Human Resources Code,] if the court after a
328	328	hearing to modify disposition finds by a preponderance of the
329	329	evidence that the child violated a reasonable and lawful order of
330	330	the court and makes a special commitment finding under Section
331	331	54.04013. A disposition based on a finding that the child engaged
332	332	in habitual felony conduct as described by Section 51.031 or in
333	333	delinquent conduct that included a violation of a penal law listed
334	334	in Section 53.045(a) may be modified to commit the child to the
335	335	Texas Juvenile Justice Department [or, if applicable, a
336	336	post-adjudication secure correctional facility operated under
337	337	Section 152.0016, Human Resources Code,] with a possible transfer
338	338	to the Texas Department of Criminal Justice for a definite term
339	339	prescribed by[, as applicable,] Section 54.04(d)(3) [or Section
340	340	152.0016(g), Human Resources Code,] if the original petition was
341	341	approved by the grand jury under Section 53.045 and if after a
342	342	hearing to modify the disposition the court finds that the child
343	343	violated a reasonable and lawful order of the court.
344	344	(j) If, after conducting a hearing to modify disposition
345	345	without a jury, the court finds by a preponderance of the evidence
346	346	that a child violated a reasonable and lawful condition of
347	347	probation ordered under Section 54.04(q), the court may modify the
348	348	disposition to commit the child to the Texas Juvenile Justice
349	349	Department under Section 54.04(d)(3) [or, if applicable, a
350	350	post-adjudication secure correctional facility operated under
351	351	Section 152.0016, Human Resources Code,] for a term that does not
352	352	exceed the original sentence assessed by the court or jury.
353	353	SECTION 7. Not later than 180 days after the effective date
354	354	of this Act, the Texas Juvenile Justice Board shall adopt rules
355	355	necessary to implement Sections 51.22, 51.23, and 51.24, Family
356	356	Code, as added by this Act.
357	357	SECTION 8. Sections 54.02 and 54.04, Family Code, as
358	358	amended by this Act, apply only to conduct that occurs on or after
359	359	the effective date of this Act. Conduct that occurs before the
360	360	effective date of this Act is governed by the law in effect when the
361	361	conduct occurred, and the former law is continued in effect for that
362	362	purpose. For purposes of this section, conduct occurs before the
363	363	effective date of this Act if any element of the conduct occurs
364	364	before the effective date.
365	365	SECTION 9. Sections 54.04013 and 54.05, Family Code, as
366	366	amended by this Act, apply only to a hearing that occurs on or after
367	367	the effective date of this Act. A hearing that occurs before the
368	368	effective date of this Act is governed by the law in effect at the
369	369	time the hearing occurred, and the former law is continued in effect
370	370	for that purpose.
371	371	SECTION 10. This Act takes effect September 1, 2025.