| 1 | 1 | | 89R16301 CJD-D |
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| 2 | 2 | | By: Hickland H.B. No. 4631 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the preliminary investigation conducted when a child is |
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| 10 | 10 | | referred to juvenile court. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 53.01(a) and (b-1), Family Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) On referral of a person believed to be a child or on |
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| 15 | 15 | | referral of the person's case to the office or official designated |
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| 16 | 16 | | by the juvenile board, the intake officer, probation officer, or |
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| 17 | 17 | | other person authorized by the board shall forward the case to a |
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| 18 | 18 | | juvenile court to conduct a preliminary investigation to determine |
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| 19 | 19 | | whether: |
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| 20 | 20 | | (1) the person referred to juvenile court is a child |
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| 21 | 21 | | within the meaning of this title; and |
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| 22 | 22 | | (2) there is probable cause to believe the person: |
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| 23 | 23 | | (A) engaged in delinquent conduct or conduct |
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| 24 | 24 | | indicating a need for supervision; or |
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| 25 | 25 | | (B) is a nonoffender who has been taken into |
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| 26 | 26 | | custody and is being held solely for deportation out of the United |
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| 27 | 27 | | States. |
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| 28 | 28 | | (b-1) The juvenile court that [person who] is conducting the |
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| 29 | 29 | | preliminary investigation shall, as appropriate, refer the child's |
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| 30 | 30 | | case to a community resource coordination group, a local-level |
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| 31 | 31 | | interagency staffing group, or other community juvenile service |
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| 32 | 32 | | provider for services under Section 53.011, if the court [person] |
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| 33 | 33 | | determines that: |
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| 34 | 34 | | (1) the child is younger than 12 years of age; |
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| 35 | 35 | | (2) there is probable cause to believe the child |
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| 36 | 36 | | engaged in delinquent conduct or conduct indicating a need for |
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| 37 | 37 | | supervision; |
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| 38 | 38 | | (3) the child's case does not require referral to the |
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| 39 | 39 | | prosecuting attorney under Subsection (d) or (f); |
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| 40 | 40 | | (4) the child is eligible for deferred prosecution |
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| 41 | 41 | | under Section 53.03; and |
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| 42 | 42 | | (5) the child and the child's family are not currently |
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| 43 | 43 | | receiving services under Section 53.011 and would benefit from |
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| 44 | 44 | | receiving the services. |
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| 45 | 45 | | SECTION 2. Section 52.04(c), Family Code, is repealed. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2025. |
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