BILL ANALYSIS Senate Research Center C.S.S.B. 1727 89R23186 CJD-D By: Perry et al. Criminal Justice 4/8/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Data from the Texas Juvenile Justice Department (TJJD), indicates that violence against staff by juveniles has continued to be a serious problem. This legislation affects a small number of juveniles who TJJD data suggests cause the majority of disruptive and violent behavior in secure facilities. This bill offers multiple strategies to allow law enforcement and prosecutors to expedite the prosecution of new criminal cases so that these dangerous juveniles may be removed from the TJJD population before new crimes can be committed. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 1727 amends current law relating to procedures related to juvenile justice proceedings, the adjudication and disposition of cases involving delinquent conduct, and certain offenses or conduct committed by a child or by a person placed in or committed to certain juvenile facilities and changes the eligibility for community supervision. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Article 42A, Code of Criminal Procedure, by adding Article 42A.061, as follows: Art. 42A.061. PLACEMENT ON COMMUNITY SUPERVISION PROHIBITED FOR CERTAIN OFFENSES COMMITTED IN CERTAIN JUVENILE FACILITIES. Provides that, notwithstanding any other provision of Chapter 42A (Community Supervision), a defendant is not eligible for community supervision, including deferred adjudication community supervision, under this chapter, for an offense punishable as a felony committed when the defendant was at least 17 years of age and while the defendant was committed to the Texas Juvenile Justice Department (TJJD), placed in a halfway house operated by or under contract with TJJD, or placed in a secure correctional facility or secure detention facility as defined by Section 51.02 (Definitions), Family Code. SECTION 2. Amends Section 51.031(a), Family Code, as follows: (a) Provides that habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if: (1) the child who engaged in the conduct has at least one, rather than two, previous final adjudication as having engaged in delinquent conduct violating a penal law of the grade of felony; and (2) all appeals relating to at least one previous adjudication considered under Subdivision (1) have been exhausted. Deletes existing text providing that habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final. Makes nonsubstantive changes. SECTION 3. Amends Section 53.04(d), Family Code, as follows: (d) Requires that the petition for an adjudication or transfer hearing of a child alleged to have engaged in certain conduct state certain information, including, if the child is alleged to have engaged in habitual felony conduct, the previous adjudication, rather than adjudications, in which the child was found to have engaged in conduct violating a penal law of the grade of felony. Makes a nonsubstantive change. SECTION 4. Amends Section 53.045(a), Family Code, as follows: (a) Authorizes a prosecuting attorney, except as provided by Subsection (e) (relating to prohibiting the prosecuting attorney from referring a petition that alleges the child engaged in conduct that violated certain provisions), to refer the petition to the grand jury of the county in which the court in which the petition is filed presides if the petition alleges that the child engaged in delinquent conduct that: (1) creates this subdivision from existing text and makes no further changes; (2) makes a nonsubstantive change to this subdivision; (A)-(P) redesignates existing Subdivisions (1)-(16) as Paragraphs (A)-(P) and makes no further changes; or (Q) redesignates existing Subdivision (17) as Paragraph (Q) and makes a nonsubstantive change; or (3) constitutes a felony of the first, second, or third degree committed while the child was committed to TJJD, placed in a halfway house operated by or under contract with TJJD, or placed in a secure correctional facility or secure detention facility as defined by Section 51.02, Family Code. SECTION 5. Amends Section 54.05, Family Code, by amending Subsection (j) and adding Subsections (k), (k-1), and (k-2), as follows: (j) Authorizes the court, if, after conducting a hearing to modify disposition without a jury, the court finds by a preponderance of the evidence that a child violated a reasonable and lawful condition of probation ordered under Section 54.04(q) (relating to authorizing a court or jury to place a child on probation if certain criteria is met), to: (1) modify the disposition to commit the child to TJJD under Section 54.04(d)(3) (relating to authorizing a court or jury to sentence a child to commitment in certain facilities if certain criteria are met) for a term that does not exceed the original sentence assessed by the court or jury; or (2) if the violation occurred on or after the child's 18th birthday, modify the disposition to transfer the child to: (A) the Texas Department of Criminal Justice (TDCJ) for a term that does not exceed the original sentence assessed by the court or jury; or (B) an appropriate district court to be placed on community supervision under Chapter 42A, Code of Criminal Procedure, as provided by Subsection 54.051(e). Deletes existing text authorizing the court to modify the disposition to commit the child to TJJD under Section 54.04(d)(3) or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016 (Post-Adjudication Secure Correctional Facilities; Release Under Supervision), Human Resources Code, for a term that does not exceed the original sentence assessed by the court or jury. (k) Authorizes a court modifying a disposition under Subsection (j)(2)(A) to consider certain factors. (k-1) Requires a court conducting a hearing under this section for the purpose of modifying a disposition in the manner described by Subsection (j)(2)(A) to ensure the hearing is recorded by a court reporter or by audio or video tape recording and retain the record of the hearing until the second anniversary of the date the court issues an order regarding the hearing. (k-2) Authorizes a court to transfer a child to an appropriate district court under Subsection (j)(2)(B) before the child's 19th birthday. SECTION 6. Amends Section 54.051, Family Code, by amending Subsections (b), (d), (d-1), (e), (e-2), (f), and (i) and adding Subsection (f-1), as follows: (b) Requires that the hearing be conducted before the person's 19th birthday, rather than before the person's 19th birthday or before the person's 18th birthday if the offense for which the person was placed on probation occurred before September 1, 2011, and be conducted in the same manner as a hearing to modify disposition under Section 54.05 (Hearing to Modify Disposition). (d) Creates an exception under Subsection (f-1). (d-1) Provides that, after a transfer to district court under this section or Section 54.05(j)(2)(B), rather than under Subsection (d) (relating to requiring the court to transfer a child to an appropriate district court on the child's 19th birthday after a hearing), only the petition, the grand jury approval, the judgment concerning the conduct for which the person was placed on determinate sentence probation, and the transfer order are a part of the district clerk's public record. (e) Makes a conforming change to this subsection. (e-2) Requires the district court, if a person who is placed on community supervision under this section violates a condition of that supervision or if the person violated a condition of probation ordered under Section 54.04(q) (relating to authorizing a court or jury who sentences a child to commitment in TJJD to place the child on probation as an alternative to making a disposition) and that probation violation was not discovered by the state before the date the person was transferred to the district court, rather than before the person's 19th birthday, to dispose of the violation of community supervision or probation, as appropriate, in the same manner as if the court had originally exercised jurisdiction over the case. (f) Authorizes the juvenile court to transfer a child to an appropriate district court as provided by Subsection (d), rather than by this section, without a showing that the child violated a condition of probation ordered under Section 54.04(q). (f-1) Authorizes the juvenile court, if a motion filed under Subsection (a) includes an allegation that, after the child's 18th birthday, the child violated a condition of probation ordered under Section 54.04(q), to hold a hearing to determine whether there is probable cause to believe that the child committed the alleged violation. Authorizes the court, if the court determines that there is probable cause to believe that the child committed the alleged violation, to immediately transfer the child to an appropriate district court. (i) Authorizes the court or jury, if the juvenile court exercises jurisdiction over a person who is 19 years of age or older, rather than 18 or 19 years of age or older, as applicable, under Section 51.041 (Jurisdiction After Appeal) or 51.0412 (Jurisdiction Over Incomplete Proceedings), if the person is otherwise eligible, to place the person on probation under Section 54.04(q). SECTION 7. Amends Section 54.052, Family Code, as follows: Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY FOR CHILD WITH DETERMINATE SENTENCE. (a) Deletes text of existing Subdivision (2) providing that this section applies only to a child who is committed to a post-adjudication secure correctional facility under a determinate sentence under Section 54.04011(c)(2) (relating to authorizing the juvenile court of certain counties to commit a child who is found to have engaged in delinquent conduct that constitutes a felony to a post-adjudication secure correctional facility to certain sentences). Makes nonsubstantive changes. (b) Requires the judge of the court in which a child is adjudicated to give the child credit on the child's sentence for the time spent by the child, in connection with the conduct for which the child was adjudicated, in a secure detention facility before the child's transfer to a TJJD facility, rather than to a TJJD facility or a post-adjudication secure correctional facility, as applicable. (c) Requires the judge of the court in which the child was adjudicated, if a child appeals the child's adjudication or disposition and is retained in a secure detention facility pending the appeal, to give the child credit on the child's sentence for the time spent by the child in a secure detention facility pending disposition of the child's appeal. (c-1) Prohibits a judge, except as otherwise authorized by this section, from giving a child credit on the child's sentence. (d) Requires TJJD to grant any credit under this section in computing the child's eligibility for discharge from TJJD's custody. Deletes existing text requiring TJJD or the juvenile board or local juvenile probation department operating or contracting for the operation of the post-adjudication secure correctional facility under Section 152.0016 (Post-Adjudication Secure Correctional facilities; Release Under Supervision), Human Resources Code, as applicable, to grant any credit under this section in computing the child's eligibility for parole and discharge. (e) Prohibits TJJD from granting credit under this section for the purpose of calculating the minimum period of confinement for a child under Section 245.051(c) (relating to prohibiting TDCJ from releasing a child committed to TDCJ without approval of the juvenile court that entered the order of commitment unless the child has served certain sentences), Human Resources Code, for time spent by the child in a secure detention facility before the child's transfer to a TDCJ facility. SECTION 8. Amends Section 41.302, Government Code, as follows: Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT. Provides that the special prosecution unit is an independent unit that takes certain actions, including participates in a hearing described by Section 41.311. Makes nonsubstantive changes. SECTION 9. Amends Subchapter E, Chapter 41, Government Code, by adding Section 41.311, as follows: Sec. 41.311. HEARING TO RETURN CHILD TO INSTITUTION FOR VIOLATION OF CONDITION OF RELEASE. (a) Authorizes a prosecuting attorney serving on the unit, at the request of TJJD, to participate in a hearing regarding the return of a child to an institution under Section 245.051(f)(1) (relating to authorizing TDCJ to order the child to return to an institution if the child has violated an order under which the child is released under supervision), Human Resources Code. (b) Authorizes a prosecuting attorney serving on the unit, except as provided by Subsection (c) and with the consent of TJJD, to serve any role in a hearing described by Subsection (a). (c) Prohibits a prosecuting attorney serving on the unit from representing the child under this section. SECTION 10. Amends Section 244.014(a), Human Resources Code, to authorize TJJD, after a child sentenced to commitment under certain provisions becomes 15, rather than 16, years of age but before the child becomes 19 years of age, to refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to TDCJ for confinement if certain criteria are met. SECTION 11. Amends Section 245.051, Human Resources Code, by adding Subsection (h), to prohibit TDCJ, if a child is committed to TDCJ under a determinate sentence under certain sections of the Family Code, from releasing the child under supervision if the child is alleged by a pending petition to have engaged in delinquent conduct violating a penal law of the grade of felony during the child's commitment to TDCJ or is under indictment for a felony committed during the child's commitment to TDCJ. SECTION 12. Amends Section 245.101, Human Resources Code, by amending Subsection (a) and adding Subsection (a-1), as follows: (a) Creates an exception under Subsection (a-1). (a-1) Prohibits TDCJ from discharging a child from the custody of TDCJ or releasing a child under supervision as provided by Subsection (a) (relating to requiring TDCJ to take certain actions relating to a child in its custody under certain circumstances) if the child is alleged by a pending petition to have engaged in delinquent conduct violating a penal law of the grade of felony during the child's commitment to TDCJ or is under indictment for a felony committed during the child's commitment to TDCJ. SECTION 13. Amends Section 245.102(a), Human Resources Code, as follows: (a) Authorizes a panel to extend the length of the child's stay as provided by certain provisions only if the panel finds certain determinations by majority vote and on the basis of a preponderance of the evidence, rather than clear and convincing evidence, or the child is alleged by a pending petition to have engaged in delinquent conduct violating a penal law of the grade of felony during the child's commitment to TDCJ or is under indictment for a felony committed during the child's commitment to TDCJ. SECTION 14. Amends Section 38.112(a), Penal Code, as follows: (a) Provides that a person who is required to submit to electronic monitoring of the person's location as part of an electronic monitoring program under Article 42.035 (Electronic Monitoring; House Arrest), Code of Criminal Procedure, or as a condition of community supervision, parole, mandatory supervision, release on bail, probation imposed by a juvenile court, release under supervision under Section 245.051 (Release Under Supervision), Human Resources Code, or placement in a halfway house operated by or under contract with TJJD commits an offense if the person knowingly removes or disables, or causes or conspires or cooperates with another person to remove or disable, a tracking device that the person is required to wear to enable the electronic monitoring of the person's location. SECTION 15. Repealer: Section 51.031(c) (relating to prohibiting an adjudication from being considered in a certain disposition), Family Code. SECTION 16. (a) Makes application of this Act, except as otherwise provided by this section, prospective. (b) Provides that Sections 54.05 and 54.051, Family Code, as amended by this Act, apply to a child placed on probation on or after the effective date of this Act, regardless of whether the conduct for which the child was placed on probation was committed before, on, or after the effective date of this Act. (c) Makes application of Section 41.311, Government Code, as added by this Act, prospective. (d) Makes application of Section 38.112, Penal Code, as amended by this Act, prospective. SECTION 17. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1727
89R23186 CJD-D By: Perry et al.
Criminal Justice
4/8/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1727
89R23186 CJD-D
By: Perry et al.
Criminal Justice
4/8/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Data from the Texas Juvenile Justice Department (TJJD), indicates that violence against staff by juveniles has continued to be a serious problem. This legislation affects a small number of juveniles who TJJD data suggests cause the majority of disruptive and violent behavior in secure facilities. This bill offers multiple strategies to allow law enforcement and prosecutors to expedite the prosecution of new criminal cases so that these dangerous juveniles may be removed from the TJJD population before new crimes can be committed. (Original Author's/Sponsor's Statement of Intent)
Data from the Texas Juvenile Justice Department (TJJD), indicates that violence against staff by juveniles has continued to be a serious problem. This legislation affects a small number of juveniles who TJJD data suggests cause the majority of disruptive and violent behavior in secure facilities. This bill offers multiple strategies to allow law enforcement and prosecutors to expedite the prosecution of new criminal cases so that these dangerous juveniles may be removed from the TJJD population before new crimes can be committed.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 1727 amends current law relating to procedures related to juvenile justice proceedings, the adjudication and disposition of cases involving delinquent conduct, and certain offenses or conduct committed by a child or by a person placed in or committed to certain juvenile facilities and changes the eligibility for community supervision.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter B, Article 42A, Code of Criminal Procedure, by adding Article 42A.061, as follows:
Art. 42A.061. PLACEMENT ON COMMUNITY SUPERVISION PROHIBITED FOR CERTAIN OFFENSES COMMITTED IN CERTAIN JUVENILE FACILITIES. Provides that, notwithstanding any other provision of Chapter 42A (Community Supervision), a defendant is not eligible for community supervision, including deferred adjudication community supervision, under this chapter, for an offense punishable as a felony committed when the defendant was at least 17 years of age and while the defendant was committed to the Texas Juvenile Justice Department (TJJD), placed in a halfway house operated by or under contract with TJJD, or placed in a secure correctional facility or secure detention facility as defined by Section 51.02 (Definitions), Family Code.
SECTION 2. Amends Section 51.031(a), Family Code, as follows:
(a) Provides that habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:
(1) the child who engaged in the conduct has at least one, rather than two, previous final adjudication as having engaged in delinquent conduct violating a penal law of the grade of felony; and
(2) all appeals relating to at least one previous adjudication considered under Subdivision (1) have been exhausted.
Deletes existing text providing that habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final. Makes nonsubstantive changes.
SECTION 3. Amends Section 53.04(d), Family Code, as follows:
(d) Requires that the petition for an adjudication or transfer hearing of a child alleged to have engaged in certain conduct state certain information, including, if the child is alleged to have engaged in habitual felony conduct, the previous adjudication, rather than adjudications, in which the child was found to have engaged in conduct violating a penal law of the grade of felony. Makes a nonsubstantive change.
SECTION 4. Amends Section 53.045(a), Family Code, as follows:
(a) Authorizes a prosecuting attorney, except as provided by Subsection (e) (relating to prohibiting the prosecuting attorney from referring a petition that alleges the child engaged in conduct that violated certain provisions), to refer the petition to the grand jury of the county in which the court in which the petition is filed presides if the petition alleges that the child engaged in delinquent conduct that:
(1) creates this subdivision from existing text and makes no further changes;
(2) makes a nonsubstantive change to this subdivision;
(A)-(P) redesignates existing Subdivisions (1)-(16) as Paragraphs (A)-(P) and makes no further changes; or
(Q) redesignates existing Subdivision (17) as Paragraph (Q) and makes a nonsubstantive change; or
(3) constitutes a felony of the first, second, or third degree committed while the child was committed to TJJD, placed in a halfway house operated by or under contract with TJJD, or placed in a secure correctional facility or secure detention facility as defined by Section 51.02, Family Code.
SECTION 5. Amends Section 54.05, Family Code, by amending Subsection (j) and adding Subsections (k), (k-1), and (k-2), as follows:
(j) Authorizes the court, if, after conducting a hearing to modify disposition without a jury, the court finds by a preponderance of the evidence that a child violated a reasonable and lawful condition of probation ordered under Section 54.04(q) (relating to authorizing a court or jury to place a child on probation if certain criteria is met), to:
(1) modify the disposition to commit the child to TJJD under Section 54.04(d)(3) (relating to authorizing a court or jury to sentence a child to commitment in certain facilities if certain criteria are met) for a term that does not exceed the original sentence assessed by the court or jury; or
(2) if the violation occurred on or after the child's 18th birthday, modify the disposition to transfer the child to:
(A) the Texas Department of Criminal Justice (TDCJ) for a term that does not exceed the original sentence assessed by the court or jury; or
(B) an appropriate district court to be placed on community supervision under Chapter 42A, Code of Criminal Procedure, as provided by Subsection 54.051(e).
Deletes existing text authorizing the court to modify the disposition to commit the child to TJJD under Section 54.04(d)(3) or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016 (Post-Adjudication Secure Correctional Facilities; Release Under Supervision), Human Resources Code, for a term that does not exceed the original sentence assessed by the court or jury.
(k) Authorizes a court modifying a disposition under Subsection (j)(2)(A) to consider certain factors.
(k-1) Requires a court conducting a hearing under this section for the purpose of modifying a disposition in the manner described by Subsection (j)(2)(A) to ensure the hearing is recorded by a court reporter or by audio or video tape recording and retain the record of the hearing until the second anniversary of the date the court issues an order regarding the hearing.
(k-2) Authorizes a court to transfer a child to an appropriate district court under Subsection (j)(2)(B) before the child's 19th birthday.
SECTION 6. Amends Section 54.051, Family Code, by amending Subsections (b), (d), (d-1), (e), (e-2), (f), and (i) and adding Subsection (f-1), as follows:
(b) Requires that the hearing be conducted before the person's 19th birthday, rather than before the person's 19th birthday or before the person's 18th birthday if the offense for which the person was placed on probation occurred before September 1, 2011, and be conducted in the same manner as a hearing to modify disposition under Section 54.05 (Hearing to Modify Disposition).
(d) Creates an exception under Subsection (f-1).
(d-1) Provides that, after a transfer to district court under this section or Section 54.05(j)(2)(B), rather than under Subsection (d) (relating to requiring the court to transfer a child to an appropriate district court on the child's 19th birthday after a hearing), only the petition, the grand jury approval, the judgment concerning the conduct for which the person was placed on determinate sentence probation, and the transfer order are a part of the district clerk's public record.
(e) Makes a conforming change to this subsection.
(e-2) Requires the district court, if a person who is placed on community supervision under this section violates a condition of that supervision or if the person violated a condition of probation ordered under Section 54.04(q) (relating to authorizing a court or jury who sentences a child to commitment in TJJD to place the child on probation as an alternative to making a disposition) and that probation violation was not discovered by the state before the date the person was transferred to the district court, rather than before the person's 19th birthday, to dispose of the violation of community supervision or probation, as appropriate, in the same manner as if the court had originally exercised jurisdiction over the case.
(f) Authorizes the juvenile court to transfer a child to an appropriate district court as provided by Subsection (d), rather than by this section, without a showing that the child violated a condition of probation ordered under Section 54.04(q).
(f-1) Authorizes the juvenile court, if a motion filed under Subsection (a) includes an allegation that, after the child's 18th birthday, the child violated a condition of probation ordered under Section 54.04(q), to hold a hearing to determine whether there is probable cause to believe that the child committed the alleged violation. Authorizes the court, if the court determines that there is probable cause to believe that the child committed the alleged violation, to immediately transfer the child to an appropriate district court.
(i) Authorizes the court or jury, if the juvenile court exercises jurisdiction over a person who is 19 years of age or older, rather than 18 or 19 years of age or older, as applicable, under Section 51.041 (Jurisdiction After Appeal) or 51.0412 (Jurisdiction Over Incomplete Proceedings), if the person is otherwise eligible, to place the person on probation under Section 54.04(q).
SECTION 7. Amends Section 54.052, Family Code, as follows:
Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY FOR CHILD WITH DETERMINATE SENTENCE. (a) Deletes text of existing Subdivision (2) providing that this section applies only to a child who is committed to a post-adjudication secure correctional facility under a determinate sentence under Section 54.04011(c)(2) (relating to authorizing the juvenile court of certain counties to commit a child who is found to have engaged in delinquent conduct that constitutes a felony to a post-adjudication secure correctional facility to certain sentences). Makes nonsubstantive changes.
(b) Requires the judge of the court in which a child is adjudicated to give the child credit on the child's sentence for the time spent by the child, in connection with the conduct for which the child was adjudicated, in a secure detention facility before the child's transfer to a TJJD facility, rather than to a TJJD facility or a post-adjudication secure correctional facility, as applicable.
(c) Requires the judge of the court in which the child was adjudicated, if a child appeals the child's adjudication or disposition and is retained in a secure detention facility pending the appeal, to give the child credit on the child's sentence for the time spent by the child in a secure detention facility pending disposition of the child's appeal.
(c-1) Prohibits a judge, except as otherwise authorized by this section, from giving a child credit on the child's sentence.
(d) Requires TJJD to grant any credit under this section in computing the child's eligibility for discharge from TJJD's custody.
Deletes existing text requiring TJJD or the juvenile board or local juvenile probation department operating or contracting for the operation of the post-adjudication secure correctional facility under Section 152.0016 (Post-Adjudication Secure Correctional facilities; Release Under Supervision), Human Resources Code, as applicable, to grant any credit under this section in computing the child's eligibility for parole and discharge.
(e) Prohibits TJJD from granting credit under this section for the purpose of calculating the minimum period of confinement for a child under Section 245.051(c) (relating to prohibiting TDCJ from releasing a child committed to TDCJ without approval of the juvenile court that entered the order of commitment unless the child has served certain sentences), Human Resources Code, for time spent by the child in a secure detention facility before the child's transfer to a TDCJ facility.
SECTION 8. Amends Section 41.302, Government Code, as follows:
Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT. Provides that the special prosecution unit is an independent unit that takes certain actions, including participates in a hearing described by Section 41.311. Makes nonsubstantive changes.
SECTION 9. Amends Subchapter E, Chapter 41, Government Code, by adding Section 41.311, as follows:
Sec. 41.311. HEARING TO RETURN CHILD TO INSTITUTION FOR VIOLATION OF CONDITION OF RELEASE. (a) Authorizes a prosecuting attorney serving on the unit, at the request of TJJD, to participate in a hearing regarding the return of a child to an institution under Section 245.051(f)(1) (relating to authorizing TDCJ to order the child to return to an institution if the child has violated an order under which the child is released under supervision), Human Resources Code.
(b) Authorizes a prosecuting attorney serving on the unit, except as provided by Subsection (c) and with the consent of TJJD, to serve any role in a hearing described by Subsection (a).
(c) Prohibits a prosecuting attorney serving on the unit from representing the child under this section.
SECTION 10. Amends Section 244.014(a), Human Resources Code, to authorize TJJD, after a child sentenced to commitment under certain provisions becomes 15, rather than 16, years of age but before the child becomes 19 years of age, to refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to TDCJ for confinement if certain criteria are met.
SECTION 11. Amends Section 245.051, Human Resources Code, by adding Subsection (h), to prohibit TDCJ, if a child is committed to TDCJ under a determinate sentence under certain sections of the Family Code, from releasing the child under supervision if the child is alleged by a pending petition to have engaged in delinquent conduct violating a penal law of the grade of felony during the child's commitment to TDCJ or is under indictment for a felony committed during the child's commitment to TDCJ.
SECTION 12. Amends Section 245.101, Human Resources Code, by amending Subsection (a) and adding Subsection (a-1), as follows:
(a) Creates an exception under Subsection (a-1).
(a-1) Prohibits TDCJ from discharging a child from the custody of TDCJ or releasing a child under supervision as provided by Subsection (a) (relating to requiring TDCJ to take certain actions relating to a child in its custody under certain circumstances) if the child is alleged by a pending petition to have engaged in delinquent conduct violating a penal law of the grade of felony during the child's commitment to TDCJ or is under indictment for a felony committed during the child's commitment to TDCJ.
SECTION 13. Amends Section 245.102(a), Human Resources Code, as follows:
(a) Authorizes a panel to extend the length of the child's stay as provided by certain provisions only if the panel finds certain determinations by majority vote and on the basis of a preponderance of the evidence, rather than clear and convincing evidence, or the child is alleged by a pending petition to have engaged in delinquent conduct violating a penal law of the grade of felony during the child's commitment to TDCJ or is under indictment for a felony committed during the child's commitment to TDCJ.
SECTION 14. Amends Section 38.112(a), Penal Code, as follows:
(a) Provides that a person who is required to submit to electronic monitoring of the person's location as part of an electronic monitoring program under Article 42.035 (Electronic Monitoring; House Arrest), Code of Criminal Procedure, or as a condition of community supervision, parole, mandatory supervision, release on bail, probation imposed by a juvenile court, release under supervision under Section 245.051 (Release Under Supervision), Human Resources Code, or placement in a halfway house operated by or under contract with TJJD commits an offense if the person knowingly removes or disables, or causes or conspires or cooperates with another person to remove or disable, a tracking device that the person is required to wear to enable the electronic monitoring of the person's location.
SECTION 15. Repealer: Section 51.031(c) (relating to prohibiting an adjudication from being considered in a certain disposition), Family Code.
SECTION 16. (a) Makes application of this Act, except as otherwise provided by this section, prospective.
(b) Provides that Sections 54.05 and 54.051, Family Code, as amended by this Act, apply to a child placed on probation on or after the effective date of this Act, regardless of whether the conduct for which the child was placed on probation was committed before, on, or after the effective date of this Act.
(c) Makes application of Section 41.311, Government Code, as added by this Act, prospective.
(d) Makes application of Section 38.112, Penal Code, as amended by this Act, prospective.
SECTION 17. Effective date: September 1, 2025.