2025S0124-1 02/21/25
By: Cook H.B. No. 3360
A BILL TO BE ENTITLED
AN ACT
relating to the protection and detention of a juvenile who engages
in delinquent conduct or commits a felony offense while committed
to the custody of the Texas Juvenile Justice Department; changing
the eligibility for community supervision; redefining habitual
felony conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Article 42A, Code of Criminal
Procedure, is amended by adding Article 42A.061 to read as follows:
Art. 42A.061. PLACEMENT ON COMMUNITY SUPERVISION
PROHIBITED FOR CERTAIN OFFENSES. Notwithstanding any other
provision of this chapter, a defendant is not eligible for
community supervision under this chapter, including deferred
adjudication community supervision, if the defendant is charged
with or convicted of a felony allegedly committed when the
defendant was at least 17 years of age and while the defendant was:
(1) committed to the Texas Juvenile Justice
Department;
(2) residing in a halfway house operated by or under
contract with the Texas Juvenile Justice Department; or
(3) placed in a secure correctional facility or
secure detention facility as defined by Section 51.02, Family Code.
SECTION 2. Section 51.031(a), Family Code, is amended to
read as follows:
(a) Habitual felony conduct is conduct violating a penal law
of the grade of felony, other than a state jail felony, if:
(1) the child who engaged in the conduct has at least
one [two] previous final adjudication [adjudications] as having
engaged in delinquent conduct violating a penal law of the grade of
felony; and
(2) [the second previous final adjudication is for
conduct that occurred after the date the first previous
adjudication became final; and]
[(3)] all appeals relating to the previous
adjudication [adjudications] considered under Subdivision (1)
[Subdivisions (1) and (2)] have been exhausted.
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, was residing in a halfway house
operated by or under contract with the Texas Juvenile Justice
Department, or was placed in a secure correctional facility or
secure detention facility as defined by Section 51.02, Family Code
[Subdivisions (1) through (16)].
SECTION 4. Section 54.05, Family Code, is amended by
amending Subsection (j) and adding Subsections (k) and (k-1) to
read as follows:
(j) If, after conducting a hearing to modify disposition
without a jury, the court finds by a preponderance of the evidence
that a child violated a reasonable and lawful condition of
probation ordered under Section 54.04(q), the court may:
(1) modify the disposition to commit the child to the
Texas Juvenile Justice Department under Section 54.04(d)(3) [or, if
applicable, a post-adjudication secure correctional facility
operated under Section 152.0016, Human Resources Code,] for a term
that does not exceed the original sentence assessed by the court or
jury; or
(2) if the court finds the violation occurred on or
after the child's 18th birthday, in accordance with Subsection (k),
modify the disposition to transfer the child to the Texas
Department of Criminal Justice for a term that does not exceed the
original sentence assessed by the court or jury; or
(3) if the court finds the violation occurred on or
after the child's 18th birthday, transfer the child to an
appropriate district court. If the court orders such a transfer,
the provisions of Section 54.051 apply except that the date of
transfer may be before the child's 19th birthday.
(k) In imposing a disposition described by Subsection
(j)(2), the court may consider the experiences and character of the
person before and after disposition to probation, the nature of the
penal offense that the person was found to have committed and the
manner in which the offense was committed, the ability of the person
to contribute to society, the protection of the victim of the
offense or any member of the victim's family, the recommendations
of the juvenile probation department and prosecuting attorney, the
best interests of the person, and any other factor relevant to the
issue to be decided.
(k-1) A hearing conducted to consider the disposition
described by Subsection (j)(2) must be recorded by a court reporter
or by audio or video tape recording, and the record of the hearing
must be retained by the court for at least two years after the date
of the court's order in the hearing.
SECTION 5. Section 54.051 Family Code, is amended by
amending Subsections (b), (d), (f), and (i) and adding Subsection
(f-1) to read as follows:
(b) The hearing must be conducted before the person's 19th
birthday[, or before the person's 18th birthday if the offense for
which the person was placed on probation occurred before September
1, 2011,] and must be conducted in the same manner as a hearing to
modify disposition under Section 54.05.
(d) If, after a hearing, the court determines to transfer
the child, the court shall transfer the child to an appropriate
district court on the child's 19th birthday, unless the transfer is
ordered under Subsection (f-1).
(f) The juvenile court may transfer a child to an
appropriate district court as provided by this section without a
showing that the child violated a condition of probation ordered
under Section 54.04(q). Any alleged violations of a condition of
probation that were known to the juvenile court before the transfer
may not be addressed by the district court except as provided by
Subsection (f-1).
(f-1) If the motion filed under Subsection (a) includes an
allegation that the person violated a condition of probation
ordered under Section 54.04(q) when the person was age 18 or older,
the juvenile court, after providing notice and an opportunity to be
heard, may:
(1) upon a finding of probable cause to believe the
person violated a condition of probation, immediately
transfer the case to the appropriate district court, which
will have jurisdiction to address any probation violations;
or
(2) retain the jurisdiction of the case.
(i) If the juvenile court exercises jurisdiction over a
person who is [18 or] 19 years of age or older[, as applicable,]
under Section 51.041 or 51.0412, the court or jury may, if the
person is otherwise eligible, place the person on probation under
Section 54.04(q). The juvenile court shall set the conditions of
probation and immediately transfer supervision of the person to the
appropriate court exercising criminal jurisdiction under
Subsection (e).
SECTION 6. Section 54.052, Family Code, is amended to read
as follows:
Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY
FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only
to a child who is committed to[:
[(1)] the Texas Juvenile Justice Department under
a determinate sentence under Section 54.04(d)(3) or (m) or Section
54.05(f)[; or
[(2) a post-adjudication secure correctional
facility under a determinate sentence under Section
54.04011(c)(2)].
(b) The judge of the court in which a child is adjudicated
shall give the child credit on the child's sentence for the time
spent by the child, in connection with the conduct for which the
child was adjudicated, in a secure detention facility before the
child's transfer to a Texas Juvenile Justice Department facility.
The judge may not order credit for any other time [or a
post-adjudication secure correctional facility, as applicable].
(c) If a child appeals the child's adjudication or
disposition and is retained in a secure detention facility pending
the appeal, the judge of the court in which the child was
adjudicated shall give the child credit on the child's sentence for
the time spent by the child in a secure detention facility pending
disposition of the child's appeal. The court shall endorse on both
the commitment and the mandate from the appellate court all credit
given the child under this subsection.
(d) The Texas Juvenile Justice Department [or the juvenile
board or local juvenile probation department operating or
contracting for the operation of the post-adjudication secure
correctional facility under Section 152.0016, Human Resources
Code, as applicable,] shall grant any credit under this section in
computing the child's eligibility for [parole and] discharge for
completion of the sentence. Credit may not be given toward
computing the completion of the minimum period of confinement
assigned under Section 245.051, Human Resources Code.
SECTION 7. Subchapter E, Chapter 41, Government Code, is
amended by adding Section 41.3021 to read as follows:
Sec. 41.3021. ADDITIONAL FUNCTION OF SPECIAL PROSECUTION
UNIT WITH REGARD TO TEXAS JUVENILE JUSTICE DEPARTMENT. (a) At the
request of the Texas Juvenile Justice Department, the unit may
participate in a hearing regarding the possible return to an
institution of a youth who has been released under supervision and
alleged to have violated the terms of the conditions of that
release, as authorized under Section 245.051(f), Human Resources
Code.
(b) The unit may serve in any role in the hearing other than
defense attorney, as agreed between the unit and the Texas Juvenile
Justice Department.
SECTION 8. Section 244.014(a), Human Resources Code, is
amended to read as follows:
(a) After a child sentenced to commitment under Section
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 15 [16]
years of age but before the child becomes 19 years of age, the
department may refer the child to the juvenile court that entered
the order of commitment for approval of the child's transfer to the
Texas Department of Criminal Justice for confinement if:
(1) the child has not completed the sentence; and
(2) the child's conduct, regardless of whether the
child was released under supervision under Section 245.051,
indicates that the welfare of the community requires the transfer.
SECTION 9. Section 245.102, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A panel may extend the length of the child's stay as
provided by Section 245.101(a)(3) only if the panel determines by
majority vote and on the basis of a preponderance of the [clear and
convincing] evidence that:
(1) the child is in need of additional rehabilitation
from the department; and
(2) the department will provide the most suitable
environment for that rehabilitation.
(a-1) The department shall extend the length of the child's
stay in the custody of the department if the child:
(1) is alleged by a pending petition to have engaged in
delinquent conduct during the child's commitment to the department;
or
(2) is under indictment for a felony committed during
the child's commitment to the department.
SECTION 10. Section 245.151, Human Resources Code, is
amended by adding Subsections (f) and (g) to read as follows:
(f) Except as provided by Subsection (g), the department may
not discharge a child committed to the department if the child:
(1) is alleged by a pending petition to have engaged in
delinquent conduct constituting a felony that occurred while the
child was committed to the department; or
(2) is under indictment for a felony allegedly
committed while the child was committed to the department.
(g) The department may discharge a child to whom Subsection
(f) applies if the child has been sentenced to or transferred to the
Texas Department of Criminal Justice.
SECTION 11. Section 38.112(a), Penal Code, is amended to
read as follows:
(a) A person who is required to submit to electronic
monitoring of the person's location as part of an electronic
monitoring program under Article 42.035, Code of Criminal
Procedure, or as a condition of community supervision, juvenile
probation, Texas Juvenile Justice Department release under
supervision, Texas Juvenile Justice Department placement at a
halfway house, parole, mandatory supervision, or release on bail
commits an offense if the person knowingly removes or disables, or
causes or conspires or cooperates with another person to remove or
disable, a tracking device that the person is required to wear to
enable the electronic monitoring of the person's location.
SECTION 12. Section 51.031(c), Family Code, is repealed.
SECTION 13. The changes in law made by this Act 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 14. This Act takes effect September 1, 2025.