Texas 2025 - 89th Regular

Texas Senate Bill SB1306 Compare Versions

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

Old	New	Differences
1	1	89R5286 MCF-F
2	2	By: Cook S.B. No. 1306
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the age of criminal responsibility and to certain
10	10	substantive and procedural matters related to that age.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
13	13	SECTION 1.01. Section 51.02(2), Family Code, is amended to
14	14	read as follows:
15	15	(2) "Child" means a person who is:
16	16	(A) 10 [ten] years of age or older and under 18
17	17	[17] years of age; or
18	18	(B) 18 [seventeen] years of age or older and
19	19	under 20 [18] years of age who is:
20	20	(i) alleged or found to have engaged in
21	21	delinquent conduct or conduct indicating a need for supervision as
22	22	a result of acts committed before becoming 18 [17] years of age; and
23	23	(ii) under the jurisdiction of a juvenile
24	24	court.
25	25	SECTION 1.02. Section 8.07(b), Penal Code, is amended to
26	26	read as follows:
27	27	(b) Unless the juvenile court waives jurisdiction under
28	28	Section 54.02, Family Code, and certifies the individual for
29	29	criminal prosecution or the juvenile court has previously waived
30	30	jurisdiction under that section and certified the individual for
31	31	criminal prosecution, a person may not be prosecuted for or
32	32	convicted of any offense committed before reaching 18 [17] years of
33	33	age except an offense described by Subsections (a)(1)-(5).
34	34	SECTION 1.03. The changes in law made by this article apply
35	35	only to an offense committed or conduct that occurs on or after
36	36	September 1, 2027. An offense committed or conduct that occurred
37	37	before September 1, 2027, is governed by the law in effect on the
38	38	date the offense was committed or the conduct occurred, and the
39	39	former law is continued in effect for that purpose. For purposes of
40	40	this section, an offense was committed or conduct occurred before
41	41	September 1, 2027, if any element of the offense or conduct occurred
42	42	before that date.
43	43	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
44	44	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
45	45	read as follows:
46	46	(e) An offense under this section is one category lower than
47	47	the solicited offense, except that an offense under this section is
48	48	the same category as the solicited offense if it is shown on the
49	49	trial of the offense that the actor:
50	50	(1) was at the time of the offense 18 [17] years of age
51	51	or older and a member of a criminal street gang, as defined by
52	52	Section 71.01; and
53	53	(2) committed the offense with the intent to:
54	54	(A) further the criminal activities of the
55	55	criminal street gang; or
56	56	(B) avoid detection as a member of a criminal
57	57	street gang.
58	58	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
59	59	read as follows:
60	60	(b) A person commits an offense if:
61	61	(1) during a period that is 30 or more days in
62	62	duration, the person commits two or more acts of sexual abuse,
63	63	regardless of whether the acts of sexual abuse are committed
64	64	against one or more victims; and
65	65	(2) at the time of the commission of each of the acts
66	66	of sexual abuse, the actor is 18 [17] years of age or older and the
67	67	victim is:
68	68	(A) a child younger than 14 years of age,
69	69	regardless of whether the actor knows the age of the victim at the
70	70	time of the offense; or
71	71	(B) a disabled individual.
72	72	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
73	73	read as follows:
74	74	(b) A person who is 18 [17] years of age or older commits an
75	75	offense if, with the intent to commit an offense listed in Article
76	76	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
77	77	over the Internet, by electronic mail or text message or other
78	78	electronic message service or system, or through a commercial
79	79	online service, intentionally:
80	80	(1) communicates in a sexually explicit manner with a
81	81	minor; or
82	82	(2) distributes sexually explicit material to a minor.
83	83	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
84	84	read as follows:
85	85	(c) Except as provided by Subsection (d), the punishment
86	86	prescribed for an offense described by Subsection (b) is increased
87	87	to the punishment prescribed for the next highest category of
88	88	offense if the actor is 18 [17] years of age or older and it is shown
89	89	beyond a reasonable doubt on the trial of the offense that the actor
90	90	committed the offense at a location that was:
91	91	(1) in, on, or within 1,000 feet of any:
92	92	(A) real property that is owned, rented, or
93	93	leased by a school or school board;
94	94	(B) premises owned, rented, or leased by an
95	95	institution of higher education;
96	96	(C) premises of a public or private youth center;
97	97	(D) playground; or
98	98	(E) general residential operation operating as a
99	99	residential treatment center;
100	100	(2) in, on, or within 300 feet of any:
101	101	(A) shopping mall;
102	102	(B) movie theater;
103	103	(C) premises of a public swimming pool; or
104	104	(D) premises of a video arcade facility; or
105	105	(3) on a school bus.
106	106	SECTION 2.05. Sections 545.424(b) and (b-1),
107	107	Transportation Code, are amended to read as follows:
108	108	(b) A person under 18 [17] years of age who holds a
109	109	restricted motorcycle license may not operate a motorcycle while
110	110	using a wireless communication device, except in case of emergency.
111	111	This subsection does not apply to a person licensed by the Federal
112	112	Communications Commission while operating a radio frequency device
113	113	other than a wireless communication device.
114	114	(b-1) A person under 18 [17] years of age who holds a
115	115	restricted motorcycle license, during the 12-month period
116	116	following the issuance of an original motorcycle license to the
117	117	person, may not operate a motorcycle after midnight and before 5
118	118	a.m. unless:
119	119	(1) the person is in sight of the person's parent or
120	120	guardian; or
121	121	(2) the operation of the vehicle is necessary for the
122	122	operator to attend or participate in employment or a school-related
123	123	activity or because of a medical emergency.
124	124	SECTION 2.06. Section 729.001(a), Transportation Code, is
125	125	amended to read as follows:
126	126	(a) A person who is younger than 18 [17] years of age commits
127	127	an offense if the person operates a motor vehicle on a public road
128	128	or highway, a street or alley in a municipality, or a public beach
129	129	in violation of any traffic law of this state, including:
130	130	(1) Chapter 502, other than Section [502.282 or]
131	131	502.412;
132	132	(2) Chapter 521, other than an offense under Section
133	133	521.457;
134	134	(3) Subtitle C, other than an offense punishable by
135	135	imprisonment or by confinement in jail under Section 550.021,
136	136	550.022, 550.024, or 550.025;
137	137	(4) Chapter 601;
138	138	(5) Chapter 621;
139	139	(6) Chapter 661; and
140	140	(7) Chapter 681.
141	141	SECTION 2.07. Section 729.002, Transportation Code, is
142	142	amended to read as follows:
143	143	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
144	144	LICENSE. (a) A person who is younger than 18 [17] years of age
145	145	commits an offense if the person operates a motor vehicle without a
146	146	driver's license authorizing the operation of a motor vehicle on a:
147	147	(1) public road or highway;
148	148	(2) street or alley in a municipality; or
149	149	(3) public beach as defined by Section 729.001.
150	150	(b) An offense under this section is punishable in the same
151	151	manner as if the person was 18 [17] years of age or older and
152	152	operated a motor vehicle without a license as described by
153	153	Subsection (a), except that an offense under this section is not
154	154	punishable by confinement or imprisonment.
155	155	SECTION 2.08. The changes in law made by this article apply
156	156	only to an offense committed on or after September 1, 2027. An
157	157	offense committed before September 1, 2027, is governed by the law
158	158	in effect on the date the offense was committed, and the former law
159	159	is continued in effect for that purpose. For purposes of this
160	160	section, an offense was committed before September 1, 2027, if any
161	161	element of the offense occurred before that date.
162	162	ARTICLE 3. CRIMINAL PROCEDURES
163	163	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
164	164	amended to read as follows:
165	165	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
166	166	ADULT. (a) Notwithstanding the order of a juvenile court to detain
167	167	a person under the age of 18 [17] who has been certified to stand
168	168	trial as an adult in a certified juvenile detention facility under
169	169	Section 54.02(h), Family Code, the judge of the criminal court
170	170	having jurisdiction over the person may order the person to be
171	171	transferred to an adult facility. A child who is transferred to an
172	172	adult facility must be detained under conditions meeting the
173	173	requirements of Section 51.12, Family Code.
174	174	(b) On the 18th [17th] birthday of a person described by
175	175	Subsection (a) who is detained in a certified juvenile detention
176	176	facility under Section 54.02(h), Family Code, the judge of the
177	177	criminal court having jurisdiction over the person shall order the
178	178	person to be transferred to an adult facility.
179	179	SECTION 3.02. Article 45A.259(h), Code of Criminal
180	180	Procedure, is amended to read as follows:
181	181	(h) A capias pro fine may not be issued for a person
182	182	convicted for an offense committed before the person's 18th [17th]
183	183	birthday unless:
184	184	(1) the person is 18 [17] years of age or older;
185	185	(2) the court finds that the issuance of the capias pro
186	186	fine is justified after considering:
187	187	(A) the sophistication and maturity of the
188	188	person;
189	189	(B) the criminal record and history of the
190	190	person; and
191	191	(C) the reasonable likelihood of bringing about
192	192	the discharge of the judgment through the use of procedures and
193	193	services currently available to the court; and
194	194	(3) the court has proceeded under Article 45A.461 to
195	195	compel the person to discharge the judgment.
196	196	SECTION 3.03. (a) This section takes effect only if the Act
197	197	of the 89th Legislature, Regular Session, 2025, relating to
198	198	nonsubstantive additions to and corrections in enacted codes
199	199	becomes law.
200	200	(b) Article 45A.452(a), Code of Criminal Procedure, is
201	201	amended to read as follows:
202	202	(a) Subject to the requirements of Subchapter K, this [This]
203	203	article applies to a defendant who has not had the disabilities of
204	204	minority removed and [has been:
205	205	[(1) charged with an offense other than an offense
206	206	under Section 43.261, Penal Code, if the defendant is younger than
207	207	17 years of age; or
208	208	[(2) charged with an offense under Section 43.261,
209	209	Penal Code, if the defendant] is younger than 18 years of age.
210	210	SECTION 3.04. (a) This section takes effect only if the Act
211	211	of the 89th Legislature, Regular Session, 2025, relating to
212	212	nonsubstantive additions to and corrections in enacted codes does
213	213	not become law.
214	214	(b) Article 45A.452(a), Code of Criminal Procedure, is
215	215	amended to read as follows:
216	216	(a) This article applies to a defendant who has not had the
217	217	disabilities of minority removed and [has been:
218	218	[(1) charged with an offense other than an offense
219	219	under Section 43.261, Penal Code, if the defendant is younger than
220	220	17 years of age; or
221	221	[(2) charged with an offense under Section 43.261,
222	222	Penal Code, if the defendant] is younger than 18 years of age.
223	223	SECTION 3.05. Article 45A.453(a), Code of Criminal
224	224	Procedure, is amended to read as follows:
225	225	(a) In this article, "child" means a person who is:
226	226	(1) at least 10 years of age and younger than 18 [17]
227	227	years of age; and
228	228	(2) charged with or convicted of an offense that a
229	229	justice or municipal court has jurisdiction of under Article 4.11
230	230	or 4.14.
231	231	SECTION 3.06. (a) This section takes effect only if the Act
232	232	of the 89th Legislature, Regular Session, 2025, relating to
233	233	nonsubstantive additions to and corrections in enacted codes
234	234	becomes law.
235	235	(b) Articles 45A.456(a), (b), and (e), Code of Criminal
236	236	Procedure, are amended to read as follows:
237	237	(a) Except as provided by Articles 45A.453 and[,] 45A.454,
238	238	[and 45A.455,] an individual may not be taken into secured custody
239	239	for offenses alleged to have occurred before the individual's 18th
240	240	[17th] birthday.
241	241	(b) On or after an individual's 18th [17th] birthday, if the
242	242	court has used all available procedures under this chapter to
243	243	secure the individual's appearance to answer allegations made
244	244	before the individual's 18th [17th] birthday, the court may issue a
245	245	notice of continuing obligation to appear, by personal service or
246	246	by mail, to the last known address and residence of the individual.
247	247	The notice must order the individual to appear at a designated time,
248	248	place, and date to answer the allegations detailed in the notice.
249	249	(e) A notice of continuing obligation to appear issued under
250	250	this article must contain the following statement provided in
251	251	boldfaced type or capital letters:
252	252	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
253	253	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
254	254	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
255	255	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
256	256	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
257	257	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
258	258	FOR YOUR ARREST."
259	259	SECTION 3.07. (a) This section takes effect only if the Act
260	260	of the 89th Legislature, Regular Session, 2025, relating to
261	261	nonsubstantive additions to and corrections in enacted codes does
262	262	not become law.
263	263	(b) Articles 45A.456(a), (b), and (e), Code of Criminal
264	264	Procedure, are amended to read as follows:
265	265	(a) Except as provided by Articles 45A.453, 45A.454, and
266	266	45A.455, an individual may not be taken into secured custody for
267	267	offenses alleged to have occurred before the individual's 18th
268	268	[17th] birthday.
269	269	(b) On or after an individual's 18th [17th] birthday, if the
270	270	court has used all available procedures under this chapter to
271	271	secure the individual's appearance to answer allegations made
272	272	before the individual's 18th [17th] birthday, the court may issue a
273	273	notice of continuing obligation to appear, by personal service or
274	274	by mail, to the last known address and residence of the individual.
275	275	The notice must order the individual to appear at a designated time,
276	276	place, and date to answer the allegations detailed in the notice.
277	277	(e) A notice of continuing obligation to appear issued under
278	278	this article must contain the following statement provided in
279	279	boldfaced type or capital letters:
280	280	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
281	281	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
282	282	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
283	283	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
284	284	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
285	285	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
286	286	FOR YOUR ARREST."
287	287	SECTION 3.08. Article 45A.457(h), Code of Criminal
288	288	Procedure, is amended to read as follows:
289	289	(h) A child and parent required to appear before the court
290	290	have an obligation to provide the child's current address and
291	291	residence to the court in writing. The obligation does not end when
292	292	the child reaches age 18 [17]. On or before the seventh day after
293	293	the date the child or parent changes residence, the child or parent
294	294	shall notify the court of the current address in the manner directed
295	295	by the court. A violation of this subsection is a Class C
296	296	misdemeanor and may result in arrest. The obligation to provide
297	297	notice terminates on discharge and satisfaction of the judgment or
298	298	a final disposition not requiring a finding of guilt.
299	299	SECTION 3.09. Article 45A.459(a), Code of Criminal
300	300	Procedure, is amended to read as follows:
301	301	(a) This article applies only to a defendant younger than 18
302	302	[17] years of age who is assessed a fine or cost for a Class C
303	303	misdemeanor.
304	304	SECTION 3.10. Article 45A.460(a), Code of Criminal
305	305	Procedure, is amended to read as follows:
306	306	(a) This article applies only to a defendant younger than 18
307	307	[17] years of age who is assessed a fine or cost for a Class C
308	308	misdemeanor occurring in a building or on the grounds of the primary
309	309	or secondary school at which the defendant was enrolled at the time
310	310	of the offense.
311	311	SECTION 3.11. Articles 45A.461(d), (e), and (g), Code of
312	312	Criminal Procedure, are amended to read as follows:
313	313	(d) A justice or municipal court may hold a person in
314	314	contempt and impose a remedy authorized by Subsection (c)(2) if:
315	315	(1) the person was convicted for an offense committed
316	316	before the person's 18th [17th] birthday;
317	317	(2) the person failed to obey the order while the
318	318	person was 18 [17] years of age or older; and
319	319	(3) the failure to obey occurred under circumstances
320	320	that constitute contempt of court.
321	321	(e) A justice or municipal court may hold a person in
322	322	contempt and impose a remedy authorized by Subsection (c)(2) if the
323	323	person, while younger than 18 [17] years of age, engaged in conduct
324	324	in contempt of an order issued by the court, but contempt
325	325	proceedings could not be held before the person's 18th [17th]
326	326	birthday.
327	327	(g) A justice or municipal court may not refer a person who
328	328	violates a court order while 18 [17] years of age or older to a
329	329	juvenile court for delinquency proceedings for contempt of court.
330	330	SECTION 3.12. Articles 45A.463(c) and (i), Code of Criminal
331	331	Procedure, are amended to read as follows:
332	332	(c) On or after the person's 18th [17th] birthday, a person
333	333	may apply to the court in which the person was convicted to have the
334	334	conviction expunged as provided by this article if:
335	335	(1) the person was convicted of not more than one
336	336	offense described by Section 8.07(a)(4) or (5), Penal Code, while
337	337	the person was a child; or
338	338	(2) the person was convicted only once of an offense
339	339	under Section 43.261, Penal Code.
340	340	(i) Records of a person younger than 18 [17] years of age
341	341	relating to a complaint may be expunged under this article if:
342	342	(1) the complaint was dismissed under Subchapter G,
343	343	Article 45A.401, or other law; or
344	344	(2) the person was acquitted of the offense.
345	345	SECTION 3.13. Article 62.001(6), Code of Criminal
346	346	Procedure, is amended to read as follows:
347	347	(6) "Sexually violent offense" means any of the
348	348	following offenses committed by a person 18 [17] years of age or
349	349	older:
350	350	(A) an offense under Section 21.02 (Continuous
351	351	sexual abuse of young child or disabled individual), 21.11(a)(1)
352	352	(Indecency with a child), 22.011 (Sexual assault), or 22.021
353	353	(Aggravated sexual assault), Penal Code;
354	354	(B) an offense under Section 43.25 (Sexual
355	355	performance by a child), Penal Code;
356	356	(C) an offense under Section 20.04(a)(4)
357	357	(Aggravated kidnapping), Penal Code, if the defendant committed the
358	358	offense with intent to violate or abuse the victim sexually;
359	359	(D) an offense under Section 30.02 (Burglary),
360	360	Penal Code, if the offense is punishable under Subsection (d) of
361	361	that section and the defendant committed the offense with intent to
362	362	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
363	363	or
364	364	(E) an offense under the laws of another state,
365	365	federal law, the laws of a foreign country, or the Uniform Code of
366	366	Military Justice if the offense contains elements that are
367	367	substantially similar to the elements of an offense listed under
368	368	Paragraph (A), (B), (C), or (D).
369	369	SECTION 3.14. Article 62.351(a), Code of Criminal
370	370	Procedure, is amended to read as follows:
371	371	(a) During or after disposition of a case under Section
372	372	54.04, Family Code, for adjudication of an offense for which
373	373	registration is required under this chapter, the juvenile court on
374	374	motion of the respondent shall conduct a hearing to determine
375	375	whether the interests of the public require registration under this
376	376	chapter. The motion may be filed and the hearing held regardless of
377	377	whether the respondent is under 19 [18] years of age. Notice of the
378	378	motion and hearing shall be provided to the prosecuting attorney.
379	379	SECTION 3.15. Article 62.352(c), Code of Criminal
380	380	Procedure, is amended to read as follows:
381	381	(c) If the court enters an order described by Subsection
382	382	(b)(1), the court retains discretion and jurisdiction to require,
383	383	or exempt the respondent from, registration under this chapter at
384	384	any time during the treatment or on the successful or unsuccessful
385	385	completion of treatment, except that during the period of deferral,
386	386	registration may not be required. Following successful completion
387	387	of treatment, the respondent is exempted from registration under
388	388	this chapter unless a hearing under this subchapter is held on
389	389	motion of the prosecuting attorney, regardless of whether the
390	390	respondent is 19 [18] years of age or older, and the court
391	391	determines the interests of the public require registration. Not
392	392	later than the 10th day after the date of the respondent's
393	393	successful completion of treatment, the treatment provider shall
394	394	notify the juvenile court and prosecuting attorney of the
395	395	completion.
396	396	SECTION 3.16. Article 62.353(b), Code of Criminal
397	397	Procedure, is amended to read as follows:
398	398	(b) The person may file a motion under Subsection (a) in the
399	399	original juvenile case regardless of whether the person, at the
400	400	time of filing the motion, is 19 [18] years of age or older. Notice
401	401	of the motion shall be provided to the prosecuting attorney. A
402	402	hearing on the motion shall be provided as in other cases under this
403	403	subchapter.
404	404	SECTION 3.17. Section 37.085, Education Code, is amended to
405	405	read as follows:
406	406	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
407	407	MISDEMEANORS. Notwithstanding any other provision of law, a
408	408	warrant may not be issued for the arrest of a person for a Class C
409	409	misdemeanor under this code committed when the person was younger
410	410	than 18 [17] years of age.
411	411	SECTION 3.18. Section 153.0071(e-1), Family Code, is
412	412	amended to read as follows:
413	413	(e-1) Notwithstanding Subsections (d) and (e), a court may
414	414	decline to enter a judgment on a mediated settlement agreement if
415	415	the court finds:
416	416	(1) that:
417	417	(A) a party to the agreement was a victim of
418	418	family violence, and that circumstance impaired the party's ability
419	419	to make decisions; or
420	420	(B) the agreement would permit a person who is
421	421	subject to registration under Chapter 62, Code of Criminal
422	422	Procedure, on the basis of an offense committed by the person when
423	423	the person was 18 [17] years of age or older or who otherwise has a
424	424	history or pattern of past or present physical or sexual abuse
425	425	directed against any person to:
426	426	(i) reside in the same household as the
427	427	child; or
428	428	(ii) otherwise have unsupervised access to
429	429	the child; and
430	430	(2) that the agreement is not in the child's best
431	431	interest.
432	432	SECTION 3.19. Section 521.453(i), Transportation Code, is
433	433	amended to read as follows:
434	434	(i) If the person ordered to perform community service under
435	435	Subsection (h) is younger than 18 [17] years of age, the community
436	436	service shall be performed as if ordered by a juvenile court under
437	437	Section 54.044(a), Family Code, as a condition of probation under
438	438	Section 54.04(d), Family Code.
439	439	SECTION 3.20. (a) Except as provided by Subsection (b) of
440	440	this section, the changes in law made by this article apply only to
441	441	an offense committed on or after September 1, 2027. An offense
442	442	committed before September 1, 2027, is governed by the law in effect
443	443	on the date the offense was committed, and the former law is
444	444	continued in effect for that purpose.
445	445	(b) Articles 45A.463(c) and (i), Code of Criminal
446	446	Procedure, as amended by this article, apply only to the expunction
447	447	of certain records related to an offense committed on or after
448	448	September 1, 2027. The expunction of certain records related to an
449	449	offense committed before September 1, 2027, is governed by the law
450	450	in effect on the date the offense was committed, and the former law
451	451	is continued in effect for that purpose.
452	452	(c) For purposes of this section, an offense was committed
453	453	before September 1, 2027, if any element of the offense occurred
454	454	before that date.
455	455	ARTICLE 4. JUVENILE COURT PROCEDURES
456	456	SECTION 4.01. Section 51.041, Family Code, is amended to
457	457	read as follows:
458	458	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
459	459	retains jurisdiction over a person, without regard to the age of the
460	460	person, for conduct engaged in by the person before becoming 18 [17]
461	461	years of age if, as a result of an appeal by the person or the state
462	462	under Chapter 56 of an order of the court, the order is reversed or
463	463	modified and the case remanded to the court by the appellate court.
464	464	(b) If the respondent is at least 18 years of age when the
465	465	order of remand from the appellate court is received by the juvenile
466	466	court, the juvenile court shall proceed as provided by Sections
467	467	54.02(o)-(r) for the detention of a person at least 19 [18] years of
468	468	age in discretionary transfer proceedings. Pending retrial of the
469	469	adjudication or transfer proceeding, the juvenile court may:
470	470	(1) order the respondent released from custody;
471	471	(2) order the respondent detained in a juvenile
472	472	detention facility; or
473	473	(3) set bond and order the respondent detained in a
474	474	county adult facility if bond is not made.
475	475	SECTION 4.02. Section 51.0412, Family Code, is amended to
476	476	read as follows:
477	477	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
478	478	The court retains jurisdiction over a person, without regard to the
479	479	age of the person, who is a respondent in an adjudication
480	480	proceeding, a disposition proceeding, a proceeding to modify
481	481	disposition, a proceeding for waiver of jurisdiction and transfer
482	482	to criminal court under Section 54.02(a), or a motion for transfer
483	483	of determinate sentence probation to an appropriate district court
484	484	if:
485	485	(1) the petition or motion was filed while the
486	486	respondent was younger than 19 or 20 [18 or 19] years of age, as
487	487	applicable;
488	488	(2) the proceeding is not complete before the
489	489	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
490	490	and
491	491	(3) the court enters a finding in the proceeding that
492	492	the prosecuting attorney exercised due diligence in an attempt to
493	493	complete the proceeding before the respondent became 19 or 20 [18 or
494	494	19] years of age, as applicable.
495	495	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
496	496	amended to read as follows:
497	497	(f) A child detained in a building that contains a jail,
498	498	lockup, or other place of secure confinement, including an alcohol
499	499	or other drug treatment facility, shall be separated by sight and
500	500	sound from adults detained in the same building. Children and
501	501	adults are separated by sight and sound only if they are unable to
502	502	see each other and conversation between them is not possible. The
503	503	separation must extend to all areas of the facility, including
504	504	sally ports and passageways, and those areas used for admission,
505	505	counseling, sleeping, toileting, showering, dining, recreational,
506	506	educational, or vocational activities, and health care. The
507	507	separation may be accomplished through architectural design. A
508	508	person who has been transferred for prosecution in criminal court
509	509	under Section 54.02 and is under 18 [17] years of age is considered
510	510	a child for the purposes of this subsection.
511	511	(h) This section does not apply to a person:
512	512	(1) who has been transferred to criminal court for
513	513	prosecution under Section 54.02 and is at least 18 [17] years of
514	514	age; or
515	515	(2) who is at least 18 [17] years of age and who has
516	516	been taken into custody after having:
517	517	(A) escaped from a juvenile facility operated by
518	518	or under contract with the Texas Juvenile Justice Department; or
519	519	(B) violated a condition of release under
520	520	supervision of the department.
521	521	SECTION 4.04. Section 54.02(j), Family Code, is amended to
522	522	read as follows:
523	523	(j) The juvenile court may waive its exclusive original
524	524	jurisdiction and transfer a person to the appropriate district
525	525	court or criminal district court for criminal proceedings if:
526	526	(1) the person is 19 [18] years of age or older;
527	527	(2) the person was:
528	528	(A) 10 years of age or older and under 18 [17]
529	529	years of age at the time the person is alleged to have committed a
530	530	capital felony or an offense under Section 19.02, Penal Code;
531	531	(B) 14 years of age or older and under 18 [17]
532	532	years of age at the time the person is alleged to have committed an
533	533	aggravated controlled substance felony or a felony of the first
534	534	degree other than an offense under Section 19.02, Penal Code; or
535	535	(C) 15 years of age or older and under 18 [17]
536	536	years of age at the time the person is alleged to have committed a
537	537	felony of the second or third degree or a state jail felony;
538	538	(3) no adjudication concerning the alleged offense has
539	539	been made or no adjudication hearing concerning the offense has
540	540	been conducted;
541	541	(4) the juvenile court finds from a preponderance of
542	542	the evidence that:
543	543	(A) for a reason beyond the control of the state
544	544	it was not practicable to proceed in juvenile court before the 19th
545	545	[18th] birthday of the person; or
546	546	(B) after due diligence of the state it was not
547	547	practicable to proceed in juvenile court before the 19th [18th]
548	548	birthday of the person because:
549	549	(i) the state did not have probable cause to
550	550	proceed in juvenile court and new evidence has been found since the
551	551	19th [18th] birthday of the person;
552	552	(ii) the person could not be found; or
553	553	(iii) a previous transfer order was
554	554	reversed by an appellate court or set aside by a district court; and
555	555	(5) the juvenile court determines that there is
556	556	probable cause to believe that the child before the court committed
557	557	the offense alleged.
558	558	SECTION 4.05. Section 54.0326(b), Family Code, is amended
559	559	to read as follows:
560	560	(b) A juvenile court may defer adjudication proceedings
561	561	under Section 54.03 until the child's 19th [18th] birthday and
562	562	require a child to participate in a program established under
563	563	Section 152.0017, Human Resources Code, if the child:
564	564	(1) is alleged to have engaged in delinquent conduct
565	565	or conduct indicating a need for supervision and may be a victim of
566	566	conduct that constitutes an offense under Section 20A.02, Penal
567	567	Code; and
568	568	(2) presents to the court an oral or written request to
569	569	participate in the program.
570	570	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
571	571	are amended to read as follows:
572	572	(e) The Texas Juvenile Justice Department shall accept a
573	573	person properly committed to it by a juvenile court even though the
574	574	person may be 18 [17] years of age or older at the time of
575	575	commitment.
576	576	(l) Except as provided by Subsection (q), a court or jury
577	577	may place a child on probation under Subsection (d)(1) for any
578	578	period, except that probation may not continue on or after the
579	579	child's 19th [18th] birthday. Except as provided by Subsection
580	580	(q), the court may, before the period of probation ends, extend the
581	581	probation for any period, except that the probation may not extend
582	582	to or after the child's 19th [18th] birthday.
583	583	(q) If a court or jury sentences a child to commitment in the
584	584	Texas Juvenile Justice Department or a post-adjudication secure
585	585	correctional facility under Subsection (d)(3) for a term of not
586	586	more than 10 years, the court or jury may place the child on
587	587	probation under Subsection (d)(1) as an alternative to making the
588	588	disposition under Subsection (d)(3). The court shall prescribe the
589	589	period of probation ordered under this subsection for a term of not
590	590	more than 10 years. The court may, before the sentence of probation
591	591	expires, extend the probationary period under Section 54.05, except
592	592	that the sentence of probation and any extension may not exceed 10
593	593	years. The court may, before the child's 20th [19th] birthday,
594	594	discharge the child from the sentence of probation. If a sentence
595	595	of probation ordered under this subsection and any extension of
596	596	probation ordered under Section 54.05 will continue after the
597	597	child's 20th [19th] birthday, the court shall discharge the child
598	598	from the sentence of probation on the child's 20th [19th] birthday
599	599	unless the court transfers the child to an appropriate district
600	600	court under Section 54.051.
601	601	SECTION 4.07. Section 54.0405(i), Family Code, is amended
602	602	to read as follows:
603	603	(i) A court that requires as a condition of probation that a
604	604	child attend psychological counseling under Subsection (a) may,
605	605	before the date the probation period ends, extend the probation for
606	606	any additional period necessary to complete the required counseling
607	607	as determined by the treatment provider, except that the probation
608	608	may not be extended to a date after the date of the child's 19th
609	609	[18th] birthday, or 20th [19th] birthday if the child is placed on
610	610	determinate sentence probation under Section 54.04(q).
611	611	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
612	612	amended to read as follows:
613	613	(b) If a child is found to have engaged in delinquent
614	614	conduct or conduct indicating a need for supervision arising from
615	615	the commission of an offense in which property damage or loss or
616	616	personal injury occurred, the juvenile court, on notice to all
617	617	persons affected and on hearing, may order the child or a parent to
618	618	make full or partial restitution to the victim of the offense. The
619	619	program of restitution must promote the rehabilitation of the
620	620	child, be appropriate to the age and physical, emotional, and
621	621	mental abilities of the child, and not conflict with the child's
622	622	schooling. When practicable and subject to court supervision, the
623	623	court may approve a restitution program based on a settlement
624	624	between the child and the victim of the offense. An order under
625	625	this subsection may provide for periodic payments by the child or a
626	626	parent of the child for the period specified in the order but except
627	627	as provided by Subsection (h), that period may not extend past the
628	628	date of the 19th [18th] birthday of the child or past the date the
629	629	child is no longer enrolled in an accredited secondary school in a
630	630	program leading toward a high school diploma, whichever date is
631	631	later.
632	632	(h) If the juvenile court places the child on probation in a
633	633	determinate sentence proceeding initiated under Section 53.045 and
634	634	transfers supervision on the child's 20th [19th] birthday to a
635	635	district court for placement on community supervision, the district
636	636	court shall require the payment of any unpaid restitution as a
637	637	condition of the community supervision. The liability of the
638	638	child's parent for restitution may not be extended by transfer to a
639	639	district court for supervision.
640	640	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
641	641	amended to read as follows:
642	642	(a) Any [Except as provided by Subsection (a-1), any]
643	643	disposition, except a commitment to the Texas Juvenile Justice
644	644	Department, may be modified by the juvenile court as provided in
645	645	this section until:
646	646	(1) the child reaches:
647	647	(A) the child's 19th [18th] birthday; or
648	648	(B) the child's 20th [19th] birthday, if the
649	649	child was placed on determinate sentence probation under Section
650	650	54.04(q); or
651	651	(2) the child is earlier discharged by the court or
652	652	operation of law.
653	653	(b) Except for a commitment to the Texas Juvenile Justice
654	654	Department or to a post-adjudication secure correctional facility
655	655	under former Section 54.04011 or a placement on determinate
656	656	sentence probation under Section 54.04(q), all dispositions
657	657	automatically terminate when the child reaches the child's 19th
658	658	[18th] birthday.
659	659	SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
660	660	(i), Family Code, are amended to read as follows:
661	661	(a) On motion of the state concerning a child who is placed
662	662	on probation under Section 54.04(q) for a period, including any
663	663	extension ordered under Section 54.05, that will continue after the
664	664	child's 20th [19th] birthday, the juvenile court shall hold a
665	665	hearing to determine whether to transfer the child to an
666	666	appropriate district court or discharge the child from the sentence
667	667	of probation.
668	668	(b) The hearing must be conducted before the person's 20th
669	669	[19th] birthday[, or before the person's 18th birthday if the
670	670	offense for which the person was placed on probation occurred
671	671	before September 1, 2011,] and must be conducted in the same manner
672	672	as a hearing to modify disposition under Section 54.05.
673	673	(c) If, after a hearing, the court determines to discharge
674	674	the child, the court shall specify a date on or before the child's
675	675	20th [19th] birthday to discharge the child from the sentence of
676	676	probation.
677	677	(d) If, after a hearing, the court determines to transfer
678	678	the child, the court shall transfer the child to an appropriate
679	679	district court on the child's 20th [19th] birthday.
680	680	(e-2) If a person who is placed on community supervision
681	681	under this section violates a condition of that supervision or if
682	682	the person violated a condition of probation ordered under Section
683	683	54.04(q) and that probation violation was not discovered by the
684	684	state before the person's 20th [19th] birthday, the district court
685	685	shall dispose of the violation of community supervision or
686	686	probation, as appropriate, in the same manner as if the court had
687	687	originally exercised jurisdiction over the case. If the judge
688	688	revokes community supervision, the judge may reduce the prison
689	689	sentence to any length without regard to the minimum term imposed by
690	690	Article 42A.755(a), Code of Criminal Procedure.
691	691	(i) If the juvenile court exercises jurisdiction over a
692	692	person on or after the person's 19th or 20th birthday [who is 18 or
693	693	19 years of age or older], as applicable, under Section 51.041 or
694	694	51.0412, the court or jury may, if the person is otherwise eligible,
695	695	place the person on probation under Section 54.04(q). The juvenile
696	696	court shall set the conditions of probation and immediately
697	697	transfer supervision of the person to the appropriate court
698	698	exercising criminal jurisdiction under Subsection (e).
699	699	SECTION 4.11. Section 54.11(l), Family Code, is amended to
700	700	read as follows:
701	701	(l) Pending the conclusion of a transfer hearing, the
702	702	juvenile court shall order that the person who is referred for
703	703	transfer be detained in a certified juvenile detention facility as
704	704	provided by Subsection (m). If the person is at least 18 [17] years
705	705	of age, the juvenile court may order that the person be detained
706	706	without bond in an appropriate county facility for the detention of
707	707	adults accused of criminal offenses.
708	708	SECTION 4.12. Section 55.15, Family Code, is amended to
709	709	read as follows:
710	710	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
711	711	FOR MENTAL HEALTH SERVICES. Treatment ordered under this
712	712	subchapter for a child with mental illness must focus on the
713	713	stabilization of the child's mental illness and on meeting the
714	714	child's psychiatric needs in the least restrictive appropriate
715	715	setting. If the juvenile court or a court to which the child's case
716	716	is referred under Section 55.12(2) orders mental health services
717	717	for the child, the child shall be cared for, treated, and released
718	718	in conformity to Subtitle C, Title 7, Health and Safety Code,
719	719	except:
720	720	(1) a court order for mental health services for a
721	721	child automatically expires on the 120th day after the date the
722	722	child becomes 19 [18] years of age; and
723	723	(2) the administrator of a mental health facility
724	724	shall notify, in writing, by certified mail, return receipt
725	725	requested, the juvenile court that ordered mental health services
726	726	or the juvenile court that referred the case to a court that ordered
727	727	the mental health services of the intent to discharge the child at
728	728	least 10 days prior to discharge.
729	729	SECTION 4.13. Section 55.18, Family Code, is amended to
730	730	read as follows:
731	731	Sec. 55.18. DISCHARGE FROM COURT-ORDERED INPATIENT OR
732	732	OUTPATIENT MENTAL HEALTH SERVICES BEFORE REACHING 19 [18] YEARS OF
733	733	AGE. If the child is discharged from the mental health facility or
734	734	from outpatient treatment services before reaching 19 [18] years of
735	735	age, the juvenile court may:
736	736	(1) dismiss the juvenile court proceedings with
737	737	prejudice; or
738	738	(2) dissolve the stay and continue with proceedings
739	739	under this title as though no order of mental health services had
740	740	been made.
741	741	SECTION 4.14. The heading to Section 55.19, Family Code, is
742	742	amended to read as follows:
743	743	Sec. 55.19. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
744	744	19TH [18TH] BIRTHDAY.
745	745	SECTION 4.15. Section 55.19(a), Family Code, is amended to
746	746	read as follows:
747	747	(a) The juvenile court may waive its exclusive original
748	748	jurisdiction and transfer all pending proceedings from the juvenile
749	749	court to a criminal court on or after the 19th [18th] birthday of a
750	750	child for whom the juvenile court or a court to which the child's
751	751	case was referred under Section 55.12(2) ordered inpatient mental
752	752	health services if:
753	753	(1) the child is not discharged or furloughed from the
754	754	inpatient mental health facility before reaching 19 [18] years of
755	755	age; and
756	756	(2) the child is alleged to have engaged in delinquent
757	757	conduct that included a violation of a penal law listed in Section
758	758	53.045 and no adjudication concerning the alleged conduct has been
759	759	made.
760	760	SECTION 4.16. Section 55.43(a), Family Code, is amended to
761	761	read as follows:
762	762	(a) The prosecuting attorney may file with the juvenile
763	763	court a motion for a restoration hearing concerning a child if:
764	764	(1) the child is found unfit to proceed as a result of
765	765	mental illness or an intellectual disability; and
766	766	(2) the child:
767	767	(A) is not:
768	768	(i) ordered by a court to receive inpatient
769	769	mental health or intellectual disability services;
770	770	(ii) ordered by a court to receive services
771	771	at a residential care facility; or
772	772	(iii) ordered by a court to receive
773	773	treatment or services on an outpatient basis; or
774	774	(B) is discharged or currently on furlough from a
775	775	mental health facility or discharged from an alternative setting
776	776	before the child reaches 19 [18] years of age.
777	777	SECTION 4.17. The heading to Section 55.44, Family Code, is
778	778	amended to read as follows:
779	779	Sec. 55.44. DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
780	780	19TH [18TH] BIRTHDAY OF CHILD.
781	781	SECTION 4.18. Section 55.44(a), Family Code, is amended to
782	782	read as follows:
783	783	(a) The juvenile court may waive its exclusive original
784	784	jurisdiction and transfer all pending proceedings from the juvenile
785	785	court to a criminal court on or after the 19th [18th] birthday of a
786	786	child for whom the juvenile court or a court to which the child's
787	787	case is referred has ordered inpatient mental health services or
788	788	residential care for persons with an intellectual disability if:
789	789	(1) the child is not discharged or currently on
790	790	furlough from the facility before reaching 19 [18] years of age; and
791	791	(2) the child is alleged to have engaged in delinquent
792	792	conduct that included a violation of a penal law listed in Section
793	793	53.045 and no adjudication concerning the alleged conduct has been
794	794	made.
795	795	SECTION 4.19. The heading to Section 56.03, Family Code, is
796	796	amended to read as follows:
797	797	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
798	798	FOR DETERMINATE SENTENCE].
799	799	SECTION 4.20. Section 56.03(b), Family Code, is amended to
800	800	read as follows:
801	801	(b) The state is entitled to appeal an order of a court:
802	802	(1) in a juvenile case in which the grand jury has
803	803	approved of the petition under Section 53.045 if the order:
804	804	(A) [(1)] dismisses a petition or any portion of
805	805	a petition;
806	806	(B) [(2)] arrests or modifies a judgment;
807	807	(C) [(3)] grants a new trial;
808	808	(D) [(4)] sustains a claim of former jeopardy;
809	809	or
810	810	(E) [(5)] grants a motion to suppress evidence, a
811	811	confession, or an admission and if:
812	812	(i) [(A)] jeopardy has not attached in the
813	813	case;
814	814	(ii) [(B)] the prosecuting attorney
815	815	certifies to the trial court that the appeal is not taken for the
816	816	purpose of delay; and
817	817	(iii) [(C)] the evidence, confession, or
818	818	admission is of substantial importance in the case; or
819	819	(2) if the order denies the transfer of the child under
820	820	Section 54.02 to criminal court for prosecution as an adult.
821	821	SECTION 4.21. Section 58.0052(a)(3), Family Code, is
822	822	amended to read as follows:
823	823	(3) "Multi-system youth" means a person who:
824	824	(A) is younger than 20 [19] years of age; and
825	825	(B) has received services from two or more
826	826	juvenile service providers.
827	827	SECTION 4.22. Section 58.253(b), Family Code, is amended to
828	828	read as follows:
829	829	(b) A person who was referred to a juvenile probation
830	830	department for delinquent conduct is entitled to have all records
831	831	related to the person's juvenile matters, including records
832	832	relating to any matters involving conduct indicating a need for
833	833	supervision, sealed without applying to the juvenile court if the
834	834	person:
835	835	(1) is at least 20 [19] years of age;
836	836	(2) has not been adjudicated as having engaged in
837	837	delinquent conduct or, if adjudicated for delinquent conduct, was
838	838	not adjudicated for delinquent conduct violating a penal law of the
839	839	grade of felony;
840	840	(3) does not have any pending delinquent conduct
841	841	matters;
842	842	(4) has not been transferred by a juvenile court to a
843	843	criminal court for prosecution under Section 54.02;
844	844	(5) has not as an adult been convicted of a felony or a
845	845	misdemeanor punishable by confinement in jail; and
846	846	(6) does not have any pending charges as an adult for a
847	847	felony or a misdemeanor punishable by confinement in jail.
848	848	SECTION 4.23. Section 58.255(a), Family Code, is amended to
849	849	read as follows:
850	850	(a) A person who was referred to a juvenile court for
851	851	conduct indicating a need for supervision is entitled to have all
852	852	records related to all conduct indicating a need for supervision
853	853	matters sealed without applying to the juvenile court if the
854	854	person:
855	855	(1) has records relating to the conduct filed with the
856	856	court clerk;
857	857	(2) is at least 19 [18] years of age;
858	858	(3) has not been referred to the juvenile probation
859	859	department for delinquent conduct;
860	860	(4) has not as an adult been convicted of a felony; and
861	861	(5) does not have any pending charges as an adult for a
862	862	felony or a misdemeanor punishable by confinement in jail.
863	863	SECTION 4.24. Section 58.256(c), Family Code, is amended to
864	864	read as follows:
865	865	(c) Except as provided by Subsection (d), the juvenile court
866	866	may order the sealing of records related to all matters for which
867	867	the person was referred to the juvenile probation department if the
868	868	person:
869	869	(1) is at least 18 [17] years of age, or is younger
870	870	than 18 [17] years of age and at least one year has elapsed after the
871	871	date of final discharge in each matter for which the person was
872	872	referred to the juvenile probation department;
873	873	(2) does not have any delinquent conduct matters
874	874	pending with any juvenile probation department or juvenile court;
875	875	(3) was not transferred by a juvenile court to a
876	876	criminal court for prosecution under Section 54.02;
877	877	(4) has not as an adult been convicted of a felony; and
878	878	(5) does not have any pending charges as an adult for a
879	879	felony or a misdemeanor punishable by confinement in jail.
880	880	SECTION 4.25. Section 58.264(b), Family Code, is amended to
881	881	read as follows:
882	882	(b) The records related to a person referred to a juvenile
883	883	probation department may be destroyed if the person:
884	884	(1) is at least 19 [18] years of age, and:
885	885	(A) the most serious conduct for which the person
886	886	was referred was conduct indicating a need for supervision, whether
887	887	or not the person was adjudicated; or
888	888	(B) the referral or information did not relate to
889	889	conduct indicating a need for supervision or delinquent conduct and
890	890	the juvenile probation department, prosecutor, or juvenile court
891	891	did not take action on the referral or information for that reason;
892	892	(2) is at least 21 years of age, and:
893	893	(A) the most serious conduct for which the person
894	894	was adjudicated was delinquent conduct that violated a penal law of
895	895	the grade of misdemeanor; or
896	896	(B) the most serious conduct for which the person
897	897	was referred was delinquent conduct and the person was not
898	898	adjudicated as having engaged in the conduct; or
899	899	(3) is at least 31 years of age and the most serious
900	900	conduct for which the person was adjudicated was delinquent conduct
901	901	that violated a penal law of the grade of felony.
902	902	SECTION 4.26. Section 59.005(b), Family Code, is amended to
903	903	read as follows:
904	904	(b) The juvenile court or the probation department shall
905	905	discharge the child from the custody of the probation department on
906	906	the date the provisions of this section are met or on the child's
907	907	19th [18th] birthday, whichever is earlier.
908	908	SECTION 4.27. Section 59.006(b), Family Code, is amended to
909	909	read as follows:
910	910	(b) The juvenile court shall discharge the child from the
911	911	custody of the probation department on the date the provisions of
912	912	this section are met or on the child's 19th [18th] birthday,
913	913	whichever is earlier.
914	914	SECTION 4.28. Section 59.007(b), Family Code, is amended to
915	915	read as follows:
916	916	(b) The juvenile court shall discharge the child from the
917	917	custody of the probation department on the date the provisions of
918	918	this section are met or on the child's 19th [18th] birthday,
919	919	whichever is earlier.
920	920	SECTION 4.29. Section 59.008(b), Family Code, is amended to
921	921	read as follows:
922	922	(b) The juvenile court shall discharge the child from the
923	923	custody of the probation department on the date the provisions of
924	924	this section are met or on the child's 19th [18th] birthday,
925	925	whichever is earlier.
926	926	SECTION 4.30. Section 59.009(c), Family Code, is amended to
927	927	read as follows:
928	928	(c) The Texas Juvenile Justice Department, juvenile board,
929	929	or local juvenile probation department may discharge the child from
930	930	the custody of the department, board, or probation department, as
931	931	applicable, on the date the provisions of this section are met or on
932	932	the child's 20th [19th] birthday, whichever is earlier.
933	933	SECTION 4.31. Section 61.051(c), Family Code, is amended to
934	934	read as follows:
935	935	(c) The juvenile court retains jurisdiction to enter a
936	936	contempt order if the motion for enforcement is filed not later than
937	937	six months after the child's 19th [18th] birthday.
938	938	SECTION 4.32. Section 614.019(b), Health and Safety Code,
939	939	is amended to read as follows:
940	940	(b) A child with mental illness who is receiving continuity
941	941	of care services during parole from the Texas Juvenile Justice
942	942	Department and who is no longer eligible to receive services from a
943	943	local mental health authority when the child becomes 18 [17] years
944	944	of age because the child does not meet the requirements of a local
945	945	service area plan under Section 533.0352(a) may continue to receive
946	946	continuity of care services from the office until the child
947	947	completes the child's parole.
948	948	SECTION 4.33. Section 63.001(1), Human Resources Code, is
949	949	amended to read as follows:
950	950	(1) "Juvenile" means a person from the age of 10 to 20
951	951	[18] years who:
952	952	(A) has been found to have engaged in delinquent
953	953	conduct by a juvenile court; and
954	954	(B) is under the jurisdiction of the juvenile
955	955	court [of competent jurisdiction].
956	956	SECTION 4.34. Section 152.0015, Human Resources Code, is
957	957	amended to read as follows:
958	958	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
959	959	JUVENILES. A juvenile board shall establish a policy that
960	960	specifies whether a person who has been transferred for criminal
961	961	prosecution under Section 54.02, Family Code, and is younger than
962	962	18 [17] years of age may be detained in a juvenile facility pending
963	963	trial as provided by Section 51.12, Family Code.
964	964	SECTION 4.35. Section 201.001(a)(2), Human Resources Code,
965	965	is amended to read as follows:
966	966	(2) "Child" means an individual[:
967	967	[(A)] 10 years of age or older and younger than 20
968	968	[18] years of age who is under the jurisdiction of a juvenile
969	969	court[; or
970	970	[(B) 10 years of age or older and younger than 19
971	971	years of age who is committed to the department under Title 3,
972	972	Family Code].
973	973	SECTION 4.36. Section 243.001(a), Human Resources Code, is
974	974	amended to read as follows:
975	975	(a) The department may not assign a child younger than 16
976	976	[15] years of age to the same correctional facility dormitory as a
977	977	person who is at least 18 [17] years of age unless the department
978	978	determines that the placement is necessary to ensure the safety of
979	979	children in the custody of the department. This subsection does not
980	980	apply to a dormitory that is used exclusively for short-term
981	981	assessment and orientation purposes.
982	982	SECTION 4.37. Section 243.051(b), Human Resources Code, is
983	983	amended to read as follows:
984	984	(b) A child who is arrested or taken into custody under
985	985	Subsection (a) may be detained in any suitable place, including an
986	986	adult jail facility if the person is 18 [17] years of age or older,
987	987	until the child is returned to the custody of the department or
988	988	transported to a department facility.
989	989	SECTION 4.38. Sections 244.014(a) and (a-1), Human
990	990	Resources Code, are amended to read as follows:
991	991	(a) After a child sentenced to commitment under Section
992	992	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
993	993	years of age but before the child becomes 20 [19] years of age, the
994	994	department may refer the child to the juvenile court that entered
995	995	the order of commitment for approval of the child's transfer to the
996	996	Texas Department of Criminal Justice for confinement if:
997	997	(1) the child has not completed the sentence; and
998	998	(2) the child's conduct, regardless of whether the
999	999	child was released under supervision under Section 245.051,
1000	1000	indicates that the welfare of the community requires the transfer.
1001	1001	(a-1) After a child sentenced to commitment under Section
1002	1002	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
1003	1003	years of age but before the child becomes 20 [19] years of age, the
1004	1004	department shall refer the child to the juvenile court that entered
1005	1005	the order of commitment for approval of the child's transfer to the
1006	1006	Texas Department of Criminal Justice for confinement if:
1007	1007	(1) the child has not completed the sentence;
1008	1008	(2) while the child was committed to the custody of the
1009	1009	department, the child was subsequently adjudicated or convicted for
1010	1010	conduct constituting a felony of the first or second degree or an
1011	1011	offense punishable under Section 22.01(b)(1), Penal Code; and
1012	1012	(3) the child was at least 17 [16] years of age at the
1013	1013	time the conduct occurred.
1014	1014	SECTION 4.39. Section 244.015, Human Resources Code, is
1015	1015	amended to read as follows:
1016	1016	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
1017	1017	DETERMINATE SENTENCES. (a) When a child who is sentenced to
1018	1018	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
1019	1019	Family Code, becomes 19 [18] years of age, the department shall
1020	1020	evaluate whether the child is in need of additional services that
1021	1021	can be completed in the six-month period after the child's 19th
1022	1022	[18th] birthday to prepare the child for release from the custody of
1023	1023	the department or transfer to the Texas Department of Criminal
1024	1024	Justice.
1025	1025	(b) This section does not apply to a child who is released
1026	1026	from the custody of the department or who is transferred to the
1027	1027	Texas Department of Criminal Justice before the child's 19th [18th]
1028	1028	birthday.
1029	1029	SECTION 4.40. Section 245.053(i), Human Resources Code, is
1030	1030	amended to read as follows:
1031	1031	(i) If the department requires as a condition of release
1032	1032	that a child attend psychological counseling under Subsection (a),
1033	1033	the department may, before the date the period of release ends,
1034	1034	petition the appropriate court to request the court to extend the
1035	1035	period of release for an additional period necessary to complete
1036	1036	the required counseling as determined by the treatment provider,
1037	1037	except that the release period may not be extended to a date after
1038	1038	the date of the child's 19th [18th] birthday.
1039	1039	SECTION 4.41. Sections 245.151(d) and (e), Human Resources
1040	1040	Code, are amended to read as follows:
1041	1041	(d) Except as provided by Subsection (e), the department
1042	1042	shall discharge from its custody a person not already discharged on
1043	1043	the person's 20th [19th] birthday.
1044	1044	(e) The department shall transfer a person who has been
1045	1045	sentenced under a determinate sentence to commitment under Section
1046	1046	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1047	1047	returned to the department under Section 54.11(i)(1), Family Code,
1048	1048	to the custody of the Texas Department of Criminal Justice on the
1049	1049	person's 20th [19th] birthday, if the person has not already been
1050	1050	discharged or transferred, to serve the remainder of the person's
1051	1051	sentence on parole as provided by Section 508.156, Government Code.
1052	1052	SECTION 4.42. (a) Except as provided by Subsection (b) of
1053	1053	this section, the changes in law made by this article apply only to
1054	1054	procedures relating to conduct that occurs on or after September 1,
1055	1055	2027. Procedures relating to conduct that occurred before
1056	1056	September 1, 2027, are governed by the law in effect on the date the
1057	1057	conduct occurred, and the former law is continued in effect for that
1058	1058	purpose.
1059	1059	(b) The change in law made by this article to Section
1060	1060	58.0052, Family Code, applies to the sharing of information on or
1061	1061	after September 1, 2027, without regard to whether the information
1062	1062	was compiled before, on, or after that date.
1063	1063	(c) For purposes of this section, conduct occurred before
1064	1064	September 1, 2027, if any element of the conduct occurred before
1065	1065	that date.
1066	1066	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1067	1067	RESPONSIBILITY
1068	1068	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1069	1069	is amended to read as follows:
1070	1070	(5) "Confidential criminal record information of a
1071	1071	child" means information about a person's involvement in the
1072	1072	criminal justice system resulting from conduct that occurred or was
1073	1073	alleged to occur when the person was younger than 18 [17] years of
1074	1074	age that is confidential under Chapter 45A, Code of Criminal
1075	1075	Procedure, or other law. The term does not include:
1076	1076	(A) criminal record information of a person
1077	1077	certified to stand trial as an adult for that conduct, as provided
1078	1078	by Section 54.02, Family Code; or
1079	1079	(B) information relating to a traffic offense.
1080	1080	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1081	1081	read as follows:
1082	1082	(b) If a child fails to obey an order issued by a truancy
1083	1083	court under Section 65.103(a) or a child is in direct contempt of
1084	1084	court and the child has failed to obey an order or has been found in
1085	1085	direct contempt of court on two or more previous occasions, the
1086	1086	truancy court, after providing notice and an opportunity for a
1087	1087	hearing, may refer the child to the juvenile probation department
1088	1088	as a request for truancy intervention, unless the child failed to
1089	1089	obey the truancy court order or was in direct contempt of court
1090	1090	while 18 [17] years of age or older.
1091	1091	SECTION 5.03. Section 79.001(10), Government Code, is
1092	1092	amended to read as follows:
1093	1093	(10) "Juvenile offense" means conduct committed by a
1094	1094	person while younger than 18 [17] years of age that constitutes:
1095	1095	(A) a misdemeanor punishable by confinement; or
1096	1096	(B) a felony.
1097	1097	SECTION 5.04. Section 521.201, Transportation Code, is
1098	1098	amended to read as follows:
1099	1099	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1100	1100	department may not issue any license to a person who:
1101	1101	(1) is under 15 years of age;
1102	1102	(2) is under 18 years of age unless the person complies
1103	1103	with the requirements imposed by Section 521.204;
1104	1104	(3) is shown to be addicted to the use of alcohol, a
1105	1105	controlled substance, or another drug that renders a person
1106	1106	incapable of driving;
1107	1107	(4) holds a driver's license issued by this state or
1108	1108	another state or country that is revoked, canceled, or under
1109	1109	suspension;
1110	1110	(5) has been determined by a judgment of a court to be
1111	1111	totally incapacitated or incapacitated to act as the operator of a
1112	1112	motor vehicle unless the person has, by the date of the license
1113	1113	application, been:
1114	1114	(A) restored to capacity by judicial decree; or
1115	1115	(B) released from a hospital for the mentally
1116	1116	incapacitated on a certificate by the superintendent or
1117	1117	administrator of the hospital that the person has regained
1118	1118	capacity;
1119	1119	(6) the department determines to be afflicted with a
1120	1120	mental or physical disability or disease that prevents the person
1121	1121	from exercising reasonable and ordinary control over a motor
1122	1122	vehicle while operating the vehicle on a highway, except that a
1123	1123	person may not be refused a license because of a physical defect if
1124	1124	common experience shows that the defect does not incapacitate a
1125	1125	person from safely operating a motor vehicle;
1126	1126	(7) has been reported by a court under Section
1127	1127	521.3452 for failure to appear unless the court has filed an
1128	1128	additional report on final disposition of the case; or
1129	1129	(8) has been reported by a court for failure to appear
1130	1130	or default in payment of a fine for a misdemeanor that is not
1131	1131	covered under Subdivision (7) and that is punishable by a fine only,
1132	1132	including a misdemeanor under a municipal ordinance, committed by a
1133	1133	person who was under 18 [17] years of age at the time of the alleged
1134	1134	offense, unless the court has filed an additional report on final
1135	1135	disposition of the case.
1136	1136	SECTION 5.05. Section 65.251(b), Family Code, and Section
1137	1137	521.201, Transportation Code, as amended by this article, apply
1138	1138	only to an offense committed or conduct that occurred on or after
1139	1139	September 1, 2027. An offense committed or conduct that occurred
1140	1140	before September 1, 2027, is governed by the law in effect on the
1141	1141	date the offense was committed or the conduct occurred, and the
1142	1142	former law is continued in effect for that purpose. For purposes of
1143	1143	this section, an offense was committed or conduct occurred before
1144	1144	September 1, 2027, if any element of the offense or conduct occurred
1145	1145	before that date.
1146	1146	ARTICLE 6. ADVISORY COMMITTEE
1147	1147	SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1148	1148	Not later than December 1, 2025, the Texas Juvenile Justice Board
1149	1149	shall appoint an advisory committee to monitor and evaluate
1150	1150	implementation of this Act.
1151	1151	(b) In making appointments to the advisory committee, the
1152	1152	board shall include members who are interested parties, including:
1153	1153	(1) the executive director of the Texas Juvenile
1154	1154	Justice Department or the executive director's designee;
1155	1155	(2) the director of probation services of the Texas
1156	1156	Juvenile Justice Department or the director's designee;
1157	1157	(3) the executive commissioner of the Health and Human
1158	1158	Services Commission or the executive commissioner's designee;
1159	1159	(4) one representative of county commissioners courts
1160	1160	appointed by the board;
1161	1161	(5) two juvenile court judges appointed by the board;
1162	1162	(6) seven chief juvenile probation officers appointed
1163	1163	by the board as provided by Subsection (c) of this section;
1164	1164	(7) juvenile prosecutors;
1165	1165	(8) juvenile defense attorneys;
1166	1166	(9) juvenile justice advocates; and
1167	1167	(10) individuals who were adjudicated for juvenile
1168	1168	offenses in this state or who were prosecuted as adults for offenses
1169	1169	committed when they were 17 years old, or their family members.
1170	1170	(c) The board shall appoint to the advisory committee one
1171	1171	chief juvenile probation officer from each regional chiefs
1172	1172	association in this state from a list of nominees submitted to the
1173	1173	board by each regional chiefs association. To the greatest extent
1174	1174	practicable, a regional chiefs association shall include in the
1175	1175	association's list of nominees:
1176	1176	(1) one chief juvenile probation officer of a juvenile
1177	1177	probation department serving a county with a population that
1178	1178	includes fewer than 7,500 persons younger than 18 years of age;
1179	1179	(2) one chief juvenile probation officer of a juvenile
1180	1180	probation department serving a county with a population that
1181	1181	includes at least 7,500 but fewer than 80,000 persons younger than
1182	1182	18 years of age; and
1183	1183	(3) one chief juvenile probation officer of a juvenile
1184	1184	probation department serving a county with a population that
1185	1185	includes 80,000 or more persons younger than 18 years of age.
1186	1186	(d) The board shall designate one of the members as
1187	1187	presiding officer of the advisory committee.
1188	1188	(e) The advisory committee shall assist the Texas Juvenile
1189	1189	Justice Department in evaluating and monitoring the implementation
1190	1190	of this Act, which includes determining the needs and problems of
1191	1191	county juvenile boards and probation departments, and offer
1192	1192	recommendations to meet identified needs and problems.
1193	1193	(f) Members of the advisory committee serve without
1194	1194	compensation and are not entitled to reimbursement for expenses.
1195	1195	(g) The advisory committee is not subject to Chapter 2110,
1196	1196	Government Code.
1197	1197	(h) The advisory committee is abolished and this article
1198	1198	expires June 1, 2028.
1199	1199	ARTICLE 7. TRANSITION AND EFFECTIVE DATES
1200	1200	SECTION 7.01. To the extent of any conflict, this Act
1201	1201	prevails over another Act of the 89th Legislature, Regular Session,
1202	1202	2025, relating to nonsubstantive additions to and corrections in
1203	1203	enacted codes.
1204	1204	SECTION 7.02. (a) Except as provided by Subsection (b) of
1205	1205	this section, this Act takes effect September 1, 2027.
1206	1206	(b) Article 6 of this Act takes effect September 1, 2025.