Texas 2025 - 89th Regular

Texas House Bill HB3360 Compare Versions

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

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1	1	2025S0124-1 02/21/25
2	2	By: Cook H.B. No. 3360
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the protection and detention of a juvenile who engages
10	10	in delinquent conduct or commits a felony offense while committed
11	11	to the custody of the Texas Juvenile Justice Department; changing
12	12	the eligibility for community supervision; redefining habitual
13	13	felony conduct.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter B, Article 42A, Code of Criminal
16	16	Procedure, is amended by adding Article 42A.061 to read as follows:
17	17	Art. 42A.061. PLACEMENT ON COMMUNITY SUPERVISION
18	18	PROHIBITED FOR CERTAIN OFFENSES. Notwithstanding any other
19	19	provision of this chapter, a defendant is not eligible for
20	20	community supervision under this chapter, including deferred
21	21	adjudication community supervision, if the defendant is charged
22	22	with or convicted of a felony allegedly committed when the
23	23	defendant was at least 17 years of age and while the defendant was:
24	24	(1) committed to the Texas Juvenile Justice
25	25	Department;
26	26	(2) residing in a halfway house operated by or under
27	27	contract with the Texas Juvenile Justice Department; or
28	28	(3) placed in a secure correctional facility or
29	29	secure detention facility as defined by Section 51.02, Family Code.
30	30	SECTION 2. Section 51.031(a), Family Code, is amended to
31	31	read as follows:
32	32	(a) Habitual felony conduct is conduct violating a penal law
33	33	of the grade of felony, other than a state jail felony, if:
34	34	(1) the child who engaged in the conduct has at least
35	35	one [two] previous final adjudication [adjudications] as having
36	36	engaged in delinquent conduct violating a penal law of the grade of
37	37	felony; and
38	38	(2) [the second previous final adjudication is for
39	39	conduct that occurred after the date the first previous
40	40	adjudication became final; and]
41	41	[(3)] all appeals relating to the previous
42	42	adjudication [adjudications] considered under Subdivision (1)
43	43	[Subdivisions (1) and (2)] have been exhausted.
44	44	SECTION 3. Section 53.045(a), Family Code, is amended to
45	45	read as follows:
46	46	(a) Except as provided by Subsection (e), the prosecuting
47	47	attorney may refer the petition to the grand jury of the county in
48	48	which the court in which the petition is filed presides if the
49	49	petition alleges that the child engaged in delinquent conduct that:
50	50	(1) constitutes habitual felony conduct as described
51	51	by Section 51.031;
52	52	(2) [or that] included the violation of any of the
53	53	following provisions:
54	54	(A) [(1)] Section 19.02, Penal Code (murder);
55	55	(B) [(2)] Section 19.03, Penal Code (capital
56	56	murder);
57	57	(C) [(3)] Section 19.04, Penal Code
58	58	(manslaughter);
59	59	(D) [(4)] Section 20.04, Penal Code (aggravated
60	60	kidnapping);
61	61	(E) [(5)] Section 22.011, Penal Code (sexual
62	62	assault) or Section 22.021, Penal Code (aggravated sexual assault);
63	63	(F) [(6)] Section 22.02, Penal Code (aggravated
64	64	assault);
65	65	(G) [(7)] Section 29.03, Penal Code (aggravated
66	66	robbery);
67	67	(H) [(8)] Section 22.04, Penal Code (injury to a
68	68	child, elderly individual, or disabled individual), if the offense
69	69	is punishable as a felony, other than a state jail felony;
70	70	(I) [(9)] Section 22.05(b), Penal Code (felony
71	71	deadly conduct involving discharging a firearm);
72	72	(J) [(10)] Subchapter D, Chapter 481, Health and
73	73	Safety Code, if the conduct constitutes a felony of the first degree
74	74	or an aggravated controlled substance felony (certain offenses
75	75	involving controlled substances);
76	76	(K) [(11)] Section 15.03, Penal Code (criminal
77	77	solicitation);
78	78	(L) [(12)] Section 21.11(a)(1), Penal Code
79	79	(indecency with a child);
80	80	(M) [(13)] Section 15.031, Penal Code (criminal
81	81	solicitation of a minor);
82	82	(N) [(14)] Section 15.01, Penal Code (criminal
83	83	attempt), if the offense attempted was an offense under Section
84	84	19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
85	85	murder), or an offense listed by Article 42A.054(a), Code of
86	86	Criminal Procedure;
87	87	(O) [(15)] Section 28.02, Penal Code (arson), if
88	88	bodily injury or death is suffered by any person by reason of the
89	89	commission of the conduct;
90	90	(P) [(16)] Section 49.08, Penal Code
91	91	(intoxication manslaughter); or
92	92	(Q) [(17)] Section 15.02, Penal Code (criminal
93	93	conspiracy), if the offense made the subject of the criminal
94	94	conspiracy includes a violation of any of the provisions referenced
95	95	in Paragraphs (A) through (P); or
96	96	(3) constitutes a felony of the first, second, or
97	97	third degree committed while the child was committed to the Texas
98	98	Juvenile Justice Department, was residing in a halfway house
99	99	operated by or under contract with the Texas Juvenile Justice
100	100	Department, or was placed in a secure correctional facility or
101	101	secure detention facility as defined by Section 51.02, Family Code
102	102	[Subdivisions (1) through (16)].
103	103	SECTION 4. Section 54.05, Family Code, is amended by
104	104	amending Subsection (j) and adding Subsections (k) and (k-1) to
105	105	read as follows:
106	106	(j) If, after conducting a hearing to modify disposition
107	107	without a jury, the court finds by a preponderance of the evidence
108	108	that a child violated a reasonable and lawful condition of
109	109	probation ordered under Section 54.04(q), the court may:
110	110	(1) modify the disposition to commit the child to the
111	111	Texas Juvenile Justice Department under Section 54.04(d)(3) [or, if
112	112	applicable, a post-adjudication secure correctional facility
113	113	operated under Section 152.0016, Human Resources Code,] for a term
114	114	that does not exceed the original sentence assessed by the court or
115	115	jury; or
116	116	(2) if the court finds the violation occurred on or
117	117	after the child's 18th birthday, in accordance with Subsection (k),
118	118	modify the disposition to transfer the child to the Texas
119	119	Department of Criminal Justice for a term that does not exceed the
120	120	original sentence assessed by the court or jury; or
121	121	(3) if the court finds the violation occurred on or
122	122	after the child's 18th birthday, transfer the child to an
123	123	appropriate district court. If the court orders such a transfer,
124	124	the provisions of Section 54.051 apply except that the date of
125	125	transfer may be before the child's 19th birthday.
126	126	(k) In imposing a disposition described by Subsection
127	127	(j)(2), the court may consider the experiences and character of the
128	128	person before and after disposition to probation, the nature of the
129	129	penal offense that the person was found to have committed and the
130	130	manner in which the offense was committed, the ability of the person
131	131	to contribute to society, the protection of the victim of the
132	132	offense or any member of the victim's family, the recommendations
133	133	of the juvenile probation department and prosecuting attorney, the
134	134	best interests of the person, and any other factor relevant to the
135	135	issue to be decided.
136	136	(k-1) A hearing conducted to consider the disposition
137	137	described by Subsection (j)(2) must be recorded by a court reporter
138	138	or by audio or video tape recording, and the record of the hearing
139	139	must be retained by the court for at least two years after the date
140	140	of the court's order in the hearing.
141	141	SECTION 5. Section 54.051 Family Code, is amended by
142	142	amending Subsections (b), (d), (f), and (i) and adding Subsection
143	143	(f-1) to read as follows:
144	144	(b) The hearing must be conducted before the person's 19th
145	145	birthday[, or before the person's 18th birthday if the offense for
146	146	which the person was placed on probation occurred before September
147	147	1, 2011,] and must be conducted in the same manner as a hearing to
148	148	modify disposition under Section 54.05.
149	149	(d) If, after a hearing, the court determines to transfer
150	150	the child, the court shall transfer the child to an appropriate
151	151	district court on the child's 19th birthday, unless the transfer is
152	152	ordered under Subsection (f-1).
153	153	(f) The juvenile court may transfer a child to an
154	154	appropriate district court as provided by this section without a
155	155	showing that the child violated a condition of probation ordered
156	156	under Section 54.04(q). Any alleged violations of a condition of
157	157	probation that were known to the juvenile court before the transfer
158	158	may not be addressed by the district court except as provided by
159	159	Subsection (f-1).
160	160	(f-1) If the motion filed under Subsection (a) includes an
161	161	allegation that the person violated a condition of probation
162	162	ordered under Section 54.04(q) when the person was age 18 or older,
163	163	the juvenile court, after providing notice and an opportunity to be
164	164	heard, may:
165	165	(1) upon a finding of probable cause to believe the
166	166	person violated a condition of probation, immediately
167	167	transfer the case to the appropriate district court, which
168	168	will have jurisdiction to address any probation violations;
169	169	or
170	170	(2) retain the jurisdiction of the case.
171	171	(i) If the juvenile court exercises jurisdiction over a
172	172	person who is [18 or] 19 years of age or older[, as applicable,]
173	173	under Section 51.041 or 51.0412, the court or jury may, if the
174	174	person is otherwise eligible, place the person on probation under
175	175	Section 54.04(q). The juvenile court shall set the conditions of
176	176	probation and immediately transfer supervision of the person to the
177	177	appropriate court exercising criminal jurisdiction under
178	178	Subsection (e).
179	179	SECTION 6. Section 54.052, Family Code, is amended to read
180	180	as follows:
181	181	Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY
182	182	FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only
183	183	to a child who is committed to[:
184	184	[(1)] the Texas Juvenile Justice Department under
185	185	a determinate sentence under Section 54.04(d)(3) or (m) or Section
186	186	54.05(f)[; or
187	187	[(2) a post-adjudication secure correctional
188	188	facility under a determinate sentence under Section
189	189	54.04011(c)(2)].
190	190	(b) The judge of the court in which a child is adjudicated
191	191	shall give the child credit on the child's sentence for the time
192	192	spent by the child, in connection with the conduct for which the
193	193	child was adjudicated, in a secure detention facility before the
194	194	child's transfer to a Texas Juvenile Justice Department facility.
195	195	The judge may not order credit for any other time [or a
196	196	post-adjudication secure correctional facility, as applicable].
197	197	(c) If a child appeals the child's adjudication or
198	198	disposition and is retained in a secure detention facility pending
199	199	the appeal, the judge of the court in which the child was
200	200	adjudicated shall give the child credit on the child's sentence for
201	201	the time spent by the child in a secure detention facility pending
202	202	disposition of the child's appeal. The court shall endorse on both
203	203	the commitment and the mandate from the appellate court all credit
204	204	given the child under this subsection.
205	205	(d) The Texas Juvenile Justice Department [or the juvenile
206	206	board or local juvenile probation department operating or
207	207	contracting for the operation of the post-adjudication secure
208	208	correctional facility under Section 152.0016, Human Resources
209	209	Code, as applicable,] shall grant any credit under this section in
210	210	computing the child's eligibility for [parole and] discharge for
211	211	completion of the sentence. Credit may not be given toward
212	212	computing the completion of the minimum period of confinement
213	213	assigned under Section 245.051, Human Resources Code.
214	214	SECTION 7. Subchapter E, Chapter 41, Government Code, is
215	215	amended by adding Section 41.3021 to read as follows:
216	216	Sec. 41.3021. ADDITIONAL FUNCTION OF SPECIAL PROSECUTION
217	217	UNIT WITH REGARD TO TEXAS JUVENILE JUSTICE DEPARTMENT. (a) At the
218	218	request of the Texas Juvenile Justice Department, the unit may
219	219	participate in a hearing regarding the possible return to an
220	220	institution of a youth who has been released under supervision and
221	221	alleged to have violated the terms of the conditions of that
222	222	release, as authorized under Section 245.051(f), Human Resources
223	223	Code.
224	224	(b) The unit may serve in any role in the hearing other than
225	225	defense attorney, as agreed between the unit and the Texas Juvenile
226	226	Justice Department.
227	227	SECTION 8. Section 244.014(a), Human Resources Code, is
228	228	amended to read as follows:
229	229	(a) After a child sentenced to commitment under Section
230	230	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 15 [16]
231	231	years of age but before the child becomes 19 years of age, the
232	232	department may refer the child to the juvenile court that entered
233	233	the order of commitment for approval of the child's transfer to the
234	234	Texas Department of Criminal Justice for confinement if:
235	235	(1) the child has not completed the sentence; and
236	236	(2) the child's conduct, regardless of whether the
237	237	child was released under supervision under Section 245.051,
238	238	indicates that the welfare of the community requires the transfer.
239	239	SECTION 9. Section 245.102, Human Resources Code, is
240	240	amended by amending Subsection (a) and adding Subsection (a-1) to
241	241	read as follows:
242	242	(a) A panel may extend the length of the child's stay as
243	243	provided by Section 245.101(a)(3) only if the panel determines by
244	244	majority vote and on the basis of a preponderance of the [clear and
245	245	convincing] evidence that:
246	246	(1) the child is in need of additional rehabilitation
247	247	from the department; and
248	248	(2) the department will provide the most suitable
249	249	environment for that rehabilitation.
250	250	(a-1) The department shall extend the length of the child's
251	251	stay in the custody of the department if the child:
252	252	(1) is alleged by a pending petition to have engaged in
253	253	delinquent conduct during the child's commitment to the department;
254	254	or
255	255	(2) is under indictment for a felony committed during
256	256	the child's commitment to the department.
257	257	SECTION 10. Section 245.151, Human Resources Code, is
258	258	amended by adding Subsections (f) and (g) to read as follows:
259	259	(f) Except as provided by Subsection (g), the department may
260	260	not discharge a child committed to the department if the child:
261	261	(1) is alleged by a pending petition to have engaged in
262	262	delinquent conduct constituting a felony that occurred while the
263	263	child was committed to the department; or
264	264	(2) is under indictment for a felony allegedly
265	265	committed while the child was committed to the department.
266	266	(g) The department may discharge a child to whom Subsection
267	267	(f) applies if the child has been sentenced to or transferred to the
268	268	Texas Department of Criminal Justice.
269	269	SECTION 11. Section 38.112(a), Penal Code, is amended to
270	270	read as follows:
271	271	(a) A person who is required to submit to electronic
272	272	monitoring of the person's location as part of an electronic
273	273	monitoring program under Article 42.035, Code of Criminal
274	274	Procedure, or as a condition of community supervision, juvenile
275	275	probation, Texas Juvenile Justice Department release under
276	276	supervision, Texas Juvenile Justice Department placement at a
277	277	halfway house, parole, mandatory supervision, or release on bail
278	278	commits an offense if the person knowingly removes or disables, or
279	279	causes or conspires or cooperates with another person to remove or
280	280	disable, a tracking device that the person is required to wear to
281	281	enable the electronic monitoring of the person's location.
282	282	SECTION 12. Section 51.031(c), Family Code, is repealed.
283	283	SECTION 13. The changes in law made by this Act apply only
284	284	to an offense committed or conduct that occurs on or after the
285	285	effective date of this Act. An offense committed or conduct that
286	286	occurred before that date is governed by the law in effect on the
287	287	date the offense was committed or the conduct occurred, and the
288	288	former law is continued in effect for that purpose. For purposes of
289	289	this section, an offense was committed or conduct occurred before
290	290	the effective date of this Act if any element of the offense or
291	291	conduct occurred before that date.
292	292	SECTION 14. This Act takes effect September 1, 2025.