Texas 2025 - 89th Regular

Texas House Bill HB4923 Compare Versions

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

Old	New	Differences
1	1	89R1558 MCF-D
2	2	By: Moody H.B. No. 4923
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to status offenses committed by a child, including the
10	10	repeal of the status offense of a child voluntarily running away
11	11	from home.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 45A.463(g), Code of Criminal Procedure,
14	14	is amended to read as follows:
15	15	(g) The court shall order the conviction, together with all
16	16	complaints, verdicts, sentences, and prosecutorial and law
17	17	enforcement records, and any other documents relating to the
18	18	offense, expunged from the person's record if the court finds that:
19	19	(1) for a person applying for the expunction of a
20	20	conviction for an offense described by Section 8.07(a)(4) or (5),
21	21	Penal Code, the person was not convicted of any other offense
22	22	described by those subdivisions while the person was a child; and
23	23	(2) for a person applying for the expunction of a
24	24	conviction for an offense described by Section 43.261, Penal Code,
25	25	the person was not found to have engaged in conduct indicating a
26	26	need for supervision described by Section 51.03(b)(5)
27	27	[51.03(b)(6)], Family Code, while the person was a child.
28	28	SECTION 2. Section 33.051(2), Education Code, is amended to
29	29	read as follows:
30	30	(2) "Missing child" means a child whose whereabouts
31	31	are unknown to the legal custodian of the child and:
32	32	(A) the circumstances of whose absence indicate
33	33	that the child did not voluntarily leave the care and control of the
34	34	custodian and that the taking of the child was not authorized by
35	35	law; or
36	36	(B) the child has voluntarily left the child's
37	37	home without the consent of the custodian for a substantial length
38	38	of time or without intent to return [engaged in conduct indicating a
39	39	need for supervision under Section 51.03(b)(2), Family Code].
40	40	SECTION 3. Section 51.02, Family Code, is amended by
41	41	amending Subdivision (15) and adding Subdivision (15-a) to read as
42	42	follows:
43	43	(15) "Status offender" means a child who is accused,
44	44	adjudicated, or convicted of a status offense.
45	45	(15-a) "Status offense" means [for] conduct a child
46	46	commits that would not, under state law, be a crime if committed by
47	47	an adult, including:
48	48	(A) [running away from home under Section
49	49	51.03(b)(2);
50	50	[(B)] a fineable only offense under Section
51	51	51.03(b)(1) transferred to the juvenile court under Section
52	52	51.08(b), but only if the conduct constituting the offense would
53	53	not have been criminal if engaged in by an adult;
54	54	(B) [(C)] a violation of standards of student
55	55	conduct as described by Section 51.03(b)(3) [51.03(b)(4)];
56	56	(C) [(D)] a violation of a provision of the
57	57	Alcoholic Beverage Code applicable to minors only; or
58	58	(D) [(E)] a violation of any other fineable only
59	59	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
60	60	conduct constituting the offense would not have been criminal if
61	61	engaged in by an adult.
62	62	SECTION 4. Section 51.03(b), Family Code, is amended to
63	63	read as follows:
64	64	(b) Conduct indicating a need for supervision is:
65	65	(1) subject to Subsection (f), conduct, other than a
66	66	traffic offense, that violates:
67	67	(A) the penal laws of this state of the grade of
68	68	misdemeanor that are punishable by fine only; or
69	69	(B) the penal ordinances of any political
70	70	subdivision of this state;
71	71	(2) [the voluntary absence of a child from the child's
72	72	home without the consent of the child's parent or guardian for a
73	73	substantial length of time or without intent to return;
74	74	[(3)] conduct prohibited by city ordinance or by state
75	75	law involving the inhalation of the fumes or vapors of paint and
76	76	other protective coatings or glue and other adhesives and the
77	77	volatile chemicals itemized in Section 485.001, Health and Safety
78	78	Code;
79	79	(3) [(4)] an act that violates a school district's
80	80	previously communicated written standards of student conduct for
81	81	which the child has been expelled under Section 37.007(c),
82	82	Education Code;
83	83	(4) [(5)] notwithstanding Subsection (a)(1), conduct
84	84	described by Section 43.02 or 43.021, Penal Code;
85	85	(5) [(6)] notwithstanding Subsection (a)(1), conduct
86	86	that violates Section 43.261, Penal Code; or
87	87	(6) [(7)] notwithstanding Subsection (a)(1), conduct
88	88	that violates Section 42.0601, Penal Code, if the child has not
89	89	previously been adjudicated as having engaged in conduct violating
90	90	that section.
91	91	SECTION 5. Section 51.12, Family Code, is amended by adding
92	92	Subsection (a-1) to read as follows:
93	93	(a-1) Notwithstanding any other provision of this section,
94	94	a child may only be detained in an office or place described by
95	95	Subsection (a)(1) or (2) or a nonsecure correctional facility that
96	96	meets the conditions of Subsections (j-1)(1), (3), and (4) if the
97	97	child is accused only of a status offense.
98	98	SECTION 6. Section 51.13(e), Family Code, is amended to
99	99	read as follows:
100	100	(e) A finding that a child engaged in conduct indicating a
101	101	need for supervision as described by Section 51.03(b)(5)
102	102	[51.03(b)(6)] is a conviction only for the purposes of Sections
103	103	43.261(c) and (d), Penal Code.
104	104	SECTION 7. Section 52.02(a), Family Code, is amended to
105	105	read as follows:
106	106	(a) Except as provided by Subsection (c), a person taking a
107	107	child into custody, without unnecessary delay and without first
108	108	taking the child to any place other than a juvenile processing
109	109	office designated under Section 52.025, shall do one of the
110	110	following:
111	111	(1) release the child to a parent, guardian, custodian
112	112	of the child, or other responsible adult upon that person's promise
113	113	to bring the child before the juvenile court as requested by the
114	114	court;
115	115	(2) bring the child before the office or official
116	116	designated by the juvenile board if there is probable cause to
117	117	believe that the child engaged in delinquent conduct, conduct
118	118	indicating a need for supervision, or conduct that violates a
119	119	condition of probation imposed by the juvenile court;
120	120	(3) bring the child to a detention facility designated
121	121	by the juvenile board;
122	122	(4) bring the child to a secure detention facility as
123	123	provided by Section 51.12(j), unless the child is accused only of a
124	124	status offense;
125	125	(5) bring the child to a medical facility if the child
126	126	is believed to suffer from a serious physical condition or illness
127	127	that requires prompt treatment;
128	128	(6) dispose of the case under Section 52.03; [or]
129	129	(7) if school is in session and the child is a student,
130	130	bring the child to the school campus to which the child is assigned
131	131	if the principal, the principal's designee, or a peace officer
132	132	assigned to the campus agrees to assume responsibility for the
133	133	child for the remainder of the school day; or
134	134	(8) if the child is accused only of a status offense:
135	135	(A) bring the child to a place of nonsecure
136	136	custody in compliance with Articles 45A.453(d), (e), and (f), Code
137	137	of Criminal Procedure; or
138	138	(B) if a juvenile processing office or place of
139	139	nonsecure custody is not available, bring the child to a nonsecure
140	140	correctional facility that meets the conditions of Sections
141	141	51.12(j-1)(1), (3), and (4).
142	142	SECTION 8. Section 54.011, Family Code, is amended by
143	143	amending Subsection (a) and adding Subsection (a-1) to read as
144	144	follows:
145	145	(a) The detention hearing for a [status offender or]
146	146	nonoffender who has not been released administratively under
147	147	Section 53.02 shall be held before the 24th hour after the time the
148	148	child arrived at a detention facility, excluding hours of a weekend
149	149	or a holiday. Except as otherwise provided by this section, the
150	150	judge or referee conducting the detention hearing shall release the
151	151	[status offender or] nonoffender from secure detention.
152	152	(a-1) If a child is accused only of a status offense, the
153	153	child may not be detained at a place of nonsecure custody for longer
154	154	than six hours, or at a nonsecure correctional facility for longer
155	155	than 24 hours, after the time the child arrived at the place of
156	156	detention. If the child is not released before the sixth hour after
157	157	the time the child arrived at the place of detention, the child is
158	158	entitled to a detention hearing that must be held before the 24th
159	159	hour after the time the child arrived at the place of detention,
160	160	excluding weekends and holidays. Except as otherwise provided by
161	161	this section, the judge or referee conducting the detention hearing
162	162	shall release the child from detention.
163	163	SECTION 9. Section 54.04(o), Family Code, is amended to
164	164	read as follows:
165	165	(o) In a disposition under this title:
166	166	(1) a status offender may not, under any
167	167	circumstances, be committed to the Texas Juvenile Justice
168	168	Department for engaging in conduct that would not, under state or
169	169	local law, be a crime if committed by an adult;
170	170	(2) a status offender may not, under any circumstances
171	171	[other than as provided under Subsection (n)], be placed in a
172	172	post-adjudication secure correctional facility; and
173	173	(3) a child adjudicated for contempt of a county,
174	174	justice, or municipal court order may not, under any circumstances,
175	175	be placed in a post-adjudication secure correctional facility or
176	176	committed to the Texas Juvenile Justice Department for that
177	177	conduct.
178	178	SECTION 10. Section 54.0404(a), Family Code, is amended to
179	179	read as follows:
180	180	(a) If a child is found to have engaged in conduct
181	181	indicating a need for supervision described by Section 51.03(b)(5)
182	182	[51.03(b)(6)], the juvenile court may enter an order requiring the
183	183	child to attend and successfully complete an educational program
184	184	described by Section 37.218, Education Code, or another equivalent
185	185	educational program.
186	186	SECTION 11. Section 59.003(a), Family Code, is amended to
187	187	read as follows:
188	188	(a) Subject to Subsection (e), after a child's first
189	189	commission of delinquent conduct or conduct indicating a need for
190	190	supervision, the probation department or prosecuting attorney may,
191	191	or the juvenile court may, in a disposition hearing under Section
192	192	54.04 or a modification hearing under Section 54.05, assign a child
193	193	one of the following sanction levels according to the child's
194	194	conduct:
195	195	(1) for conduct indicating a need for supervision,
196	196	other than conduct described in Section 51.03(b)(2) or (3)
197	197	[51.03(b)(3) or (4)] or a Class A or B misdemeanor, the sanction
198	198	level is one;
199	199	(2) for conduct indicating a need for supervision
200	200	under Section 51.03(b)(2) or (3) [51.03(b)(3) or (4)] or a Class A
201	201	or B misdemeanor, other than a misdemeanor involving the use or
202	202	possession of a firearm, or for delinquent conduct under Section
203	203	51.03(a)(2), the sanction level is two;
204	204	(3) for a misdemeanor involving the use or possession
205	205	of a firearm or for a state jail felony or a felony of the third
206	206	degree, the sanction level is three;
207	207	(4) for a felony of the second degree, the sanction
208	208	level is four;
209	209	(5) for a felony of the first degree, other than a
210	210	felony involving the use of a deadly weapon or causing serious
211	211	bodily injury, the sanction level is five;
212	212	(6) for a felony of the first degree involving the use
213	213	of a deadly weapon or causing serious bodily injury, for an
214	214	aggravated controlled substance felony, or for a capital felony,
215	215	the sanction level is six; or
216	216	(7) for a felony of the first degree involving the use
217	217	of a deadly weapon or causing serious bodily injury, for an
218	218	aggravated controlled substance felony, or for a capital felony, if
219	219	the petition has been approved by a grand jury under Section 53.045,
220	220	or if a petition to transfer the child to criminal court has been
221	221	filed under Section 54.02, the sanction level is seven.
222	222	SECTION 12. The following provisions of the Family Code are
223	223	repealed:
224	224	(1) Sections 51.03(e) and 54.04(n); and
225	225	(2) Section 58.0022.
226	226	SECTION 13. The changes in law made by this Act apply only
227	227	to conduct that occurs on or after the effective date of this Act.
228	228	Conduct that occurs before the effective date of this Act is
229	229	governed by the law in effect on the date the conduct occurred, and
230	230	the former law is continued in effect for that purpose. For the
231	231	purposes of this section, conduct occurred before the effective
232	232	date of this Act if any element of the conduct occurred before that
233	233	date.
234	234	SECTION 14. This Act takes effect September 1, 2025.