Relating to enhancement of the penalty for a felony conviction based on a juvenile delinquent conduct adjudication.
Impact
This bill impacts state laws by amending sections of the Family Code and the Penal Code. Specifically, it repeals certain provisions and amends others, which will alter how juvenile adjudications are considered in felony cases. The proposed changes mean that certain findings from juvenile cases can be utilized in adult felony sentencing, potentially resulting in harsher penalties for individuals with previous juvenile adjudications. This legislative shift reflects a changing attitude towards juvenile delinquency and its long-term implications.
Summary
House Bill 4628 proposes amendments to existing statutes related to the enhancement of penalties for felony convictions based on juvenile delinquent conduct adjudications. The bill aims to intervene at the intersection of juvenile behavior and adult criminal consequences, focusing on how prior juvenile conduct can influence felony sentences. By enhancing penalties, the legislation seeks to create a deterrent effect against delinquent behavior that could escalate into more serious offenses.
Contention
Notable points of contention surrounding HB 4628 stem from concerns about the implications of imposing adult penalties based on juvenile actions. Critics argue that such a policy could disproportionately affect young individuals, particularly those who may have made mistakes during their youth but could be rehabilitated. The debate hinges on whether the bill sufficiently considers the developmental differences between juveniles and adults, and it raises questions about the effectiveness of punitive measures versus rehabilitative approaches for young offenders.
Texas Constitutional Statutes Affected
Family Code
Chapter 51. General Provisions
Section: 13
Chapter 58. Records; Juvenile Justice Information System
Relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.
Relating to the adjudication and disposition of cases involving delinquent conduct, certain juvenile court proceedings, and planning and funding for services for children in the juvenile justice system.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
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.
Relating to the continuation and functions of the Texas Juvenile Justice Department and the functions of the office of independent ombudsman for the Texas Juvenile Justice Department.
Relating to the continuation and functions of the Texas Juvenile Justice Department, the functions of the office of independent ombudsman for the Texas Juvenile Justice Department, and the powers and duties of the office of inspector general of the Texas Juvenile Justice Department.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.