Texas 2025 - 89th Regular

Texas Senate Bill SB1727 Compare Versions

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1	1	By: Perry, et al. S.B. No. 1727
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to procedures related to juvenile justice proceedings, the
9	9	adjudication and disposition of cases involving delinquent
10	10	conduct, and certain offenses or conduct committed by a child or by
11	11	a person placed in or committed to certain juvenile facilities;
12	12	changing the eligibility for community supervision.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter B, Chapter 42A, Code of Criminal
15	15	Procedure, is amended by adding Article 42A.061 to read as follows:
16	16	Art. 42A.061. PLACEMENT ON COMMUNITY SUPERVISION
17	17	PROHIBITED FOR CERTAIN OFFENSES COMMITTED IN CERTAIN JUVENILE
18	18	FACILITIES. Notwithstanding any other provision of this chapter, a
19	19	defendant is not eligible for community supervision, including
20	20	deferred adjudication community supervision, under this chapter
21	21	for an offense punishable as a felony committed:
22	22	(1) when the defendant was at least 17 years of age;
23	23	and
24	24	(2) while the defendant was:
25	25	(A) committed to the Texas Juvenile Justice
26	26	Department;
27	27	(B) placed in a halfway house operated by or
28	28	under contract with the Texas Juvenile Justice Department; or
29	29	(C) placed in a secure correctional facility or
30	30	secure detention facility, as defined by Section 51.02, Family
31	31	Code.
32	32	SECTION 2. Section 51.031(a), Family Code, is amended to
33	33	read as follows:
34	34	(a) Habitual felony conduct is conduct violating a penal law
35	35	of the grade of felony, other than a state jail felony, if:
36	36	(1) the child who engaged in the conduct has at least
37	37	one [two] previous final adjudication [adjudications] as having
38	38	engaged in delinquent conduct violating a penal law of the grade of
39	39	felony; and
40	40	(2) [the second previous final adjudication is for
41	41	conduct that occurred after the date the first previous
42	42	adjudication became final; and
43	43	[(3)] all appeals relating to at least one [the]
44	44	previous adjudication [adjudications] considered under Subdivision
45	45	[Subdivisions] (1) [and (2)] have been exhausted.
46	46	SECTION 3. Section 53.04(d), Family Code, is amended to
47	47	read as follows:
48	48	(d) The petition must state:
49	49	(1) with reasonable particularity the time, place, and
50	50	manner of the acts alleged and the penal law or standard of conduct
51	51	allegedly violated by the acts;
52	52	(2) the name, age, and residence address, if known, of
53	53	the child who is the subject of the petition;
54	54	(3) the names and residence addresses, if known, of
55	55	the parent, guardian, or custodian of the child and of the child's
56	56	spouse, if any;
57	57	(4) if the child's parent, guardian, or custodian does
58	58	not reside or cannot be found in the state, or if their places of
59	59	residence are unknown, the name and residence address of any known
60	60	adult relative residing in the county or, if there is none, the name
61	61	and residence address of the known adult relative residing nearest
62	62	to the location of the court; and
63	63	(5) if the child is alleged to have engaged in habitual
64	64	felony conduct, the previous adjudication [adjudications] in which
65	65	the child was found to have engaged in conduct violating a penal law
66	66	[laws] of the grade of felony.
67	67	SECTION 4. Section 53.045(a), Family Code, is amended to
68	68	read as follows:
69	69	(a) Except as provided by Subsection (e), the prosecuting
70	70	attorney may refer the petition to the grand jury of the county in
71	71	which the court in which the petition is filed presides if the
72	72	petition alleges that the child engaged in delinquent conduct that:
73	73	(1) constitutes habitual felony conduct as described
74	74	by Section 51.031;
75	75	(2) [or that] included the violation of any of the
76	76	following provisions:
77	77	(A) [(1)] Section 19.02, Penal Code (murder);
78	78	(B) [(2)] Section 19.03, Penal Code (capital
79	79	murder);
80	80	(C) [(3)] Section 19.04, Penal Code
81	81	(manslaughter);
82	82	(D) [(4)] Section 20.04, Penal Code (aggravated
83	83	kidnapping);
84	84	(E) [(5)] Section 22.011, Penal Code (sexual
85	85	assault) or Section 22.021, Penal Code (aggravated sexual assault);
86	86	(F) [(6)] Section 22.02, Penal Code (aggravated
87	87	assault);
88	88	(G) [(7)] Section 29.03, Penal Code (aggravated
89	89	robbery);
90	90	(H) [(8)] Section 22.04, Penal Code (injury to a
91	91	child, elderly individual, or disabled individual), if the offense
92	92	is punishable as a felony, other than a state jail felony;
93	93	(I) [(9)] Section 22.05(b), Penal Code (felony
94	94	deadly conduct involving discharging a firearm);
95	95	(J) [(10)] Subchapter D, Chapter 481, Health and
96	96	Safety Code, if the conduct constitutes a felony of the first degree
97	97	or an aggravated controlled substance felony (certain offenses
98	98	involving controlled substances);
99	99	(K) [(11)] Section 15.03, Penal Code (criminal
100	100	solicitation);
101	101	(L) [(12)] Section 21.11(a)(1), Penal Code
102	102	(indecency with a child);
103	103	(M) [(13)] Section 15.031, Penal Code (criminal
104	104	solicitation of a minor);
105	105	(N) [(14)] Section 15.01, Penal Code (criminal
106	106	attempt), if the offense attempted was an offense under Section
107	107	19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
108	108	murder), or an offense listed by Article 42A.054(a), Code of
109	109	Criminal Procedure;
110	110	(O) [(15)] Section 28.02, Penal Code (arson), if
111	111	bodily injury or death is suffered by any person by reason of the
112	112	commission of the conduct;
113	113	(P) [(16)] Section 49.08, Penal Code
114	114	(intoxication manslaughter); or
115	115	(Q) [(17)] Section 15.02, Penal Code (criminal
116	116	conspiracy), if the offense made the subject of the criminal
117	117	conspiracy includes a violation of any of the provisions referenced
118	118	in Paragraphs (A) [Subdivisions (1)] through (P); or
119	119	(3) constitutes a felony of the first, second, or
120	120	third degree committed while the child was:
121	121	(A) committed to the Texas Juvenile Justice
122	122	Department;
123	123	(B) placed in a halfway house operated by or
124	124	under contract with the Texas Juvenile Justice Department; or
125	125	(C) placed in a secure correctional facility or
126	126	secure detention facility, as defined by Section 51.02 [(16)].
127	127	SECTION 5. Section 54.05, Family Code, is amended by
128	128	amending Subsection (j) and adding Subsections (k), (k-1), and
129	129	(k-2) to read as follows:
130	130	(j) If, after conducting a hearing to modify disposition
131	131	without a jury, the court finds by a preponderance of the evidence
132	132	that a child violated a reasonable and lawful condition of
133	133	probation ordered under Section 54.04(q), the court may:
134	134	(1) modify the disposition to commit the child to the
135	135	Texas Juvenile Justice Department under Section 54.04(d)(3) [or, if
136	136	applicable, a post-adjudication secure correctional facility
137	137	operated under Section 152.0016, Human Resources Code,] for a term
138	138	that does not exceed the original sentence assessed by the court or
139	139	jury; or
140	140	(2) if the violation occurred on or after the child's
141	141	18th birthday, modify the disposition to transfer the child to:
142	142	(A) the Texas Department of Criminal Justice for
143	143	a term that does not exceed the original sentence assessed by the
144	144	court or jury; or
145	145	(B) an appropriate district court to be placed on
146	146	community supervision under Chapter 42A, Code of Criminal
147	147	Procedure, as provided by Section 54.051(e).
148	148	(k) A court modifying a disposition under Subsection
149	149	(j)(2)(A) may consider:
150	150	(1) the experiences and character of the child before
151	151	and after being placed on probation;
152	152	(2) the nature of the conduct violating a penal law for
153	153	which the child was placed on probation and the manner in which the
154	154	conduct was engaged;
155	155	(3) the ability of the child to contribute to society;
156	156	(4) the protection of the victim of the conduct for
157	157	which the child was placed on probation or of a family member of the
158	158	victim of that conduct;
159	159	(5) the recommendations of the juvenile probation
160	160	department and the attorney representing the state;
161	161	(6) the best interests of the child; and
162	162	(7) any other factor the court considers relevant.
163	163	(k-1) A court conducting a hearing under this section for
164	164	the purpose of modifying a disposition in the manner described by
165	165	Subsection (j)(2)(A) shall:
166	166	(1) ensure the hearing is recorded by a court reporter
167	167	or by audio or video tape recording; and
168	168	(2) retain the record of the hearing until the second
169	169	anniversary of the date the court issues an order regarding the
170	170	hearing.
171	171	(k-2) A court may transfer a child to an appropriate
172	172	district court under Subsection (j)(2)(B) before the child's 19th
173	173	birthday.
174	174	SECTION 6. Section 54.051, Family Code, is amended by
175	175	amending Subsections (b), (d), (d-1), (e), (e-2), (f), and (i) and
176	176	adding Subsection (f-1) to read as follows:
177	177	(b) The hearing must be conducted before the person's 19th
178	178	birthday[, or before the person's 18th birthday if the offense for
179	179	which the person was placed on probation occurred before September
180	180	1, 2011,] and must be conducted in the same manner as a hearing to
181	181	modify disposition under Section 54.05.
182	182	(d) Except as provided by Subsection (f-1), if [If], after a
183	183	hearing, the court determines to transfer the child, the court
184	184	shall transfer the child to an appropriate district court on the
185	185	child's 19th birthday.
186	186	(d-1) After a transfer to district court under this section
187	187	or Section 54.05(j)(2)(B) [Subsection (d)], only the petition, the
188	188	grand jury approval, the judgment concerning the conduct for which
189	189	the person was placed on determinate sentence probation, and the
190	190	transfer order are a part of the district clerk's public record.
191	191	(e) A district court that exercises jurisdiction over a
192	192	person transferred under this section or Section 54.05(j)(2)(B)
193	193	[Subsection (d)] shall place the person on community supervision
194	194	under Chapter 42A, Code of Criminal Procedure, for the remainder of
195	195	the person's probationary period and under conditions consistent
196	196	with those ordered by the juvenile court.
197	197	(e-2) If a person who is placed on community supervision
198	198	under this section violates a condition of that supervision or if
199	199	the person violated a condition of probation ordered under Section
200	200	54.04(q) and that probation violation was not discovered by the
201	201	state before the date the person was transferred to the district
202	202	court [person's 19th birthday], the district court shall dispose of
203	203	the violation of community supervision or probation, as
204	204	appropriate, in the same manner as if the court had originally
205	205	exercised jurisdiction over the case. If the judge revokes
206	206	community supervision, the judge may reduce the prison sentence to
207	207	any length without regard to the minimum term imposed by Article
208	208	42A.755(a), Code of Criminal Procedure.
209	209	(f) The juvenile court may transfer a child to an
210	210	appropriate district court as provided by Subsection (d) [this
211	211	section] without a showing that the child violated a condition of
212	212	probation ordered under Section 54.04(q).
213	213	(f-1) If a motion filed under Subsection (a) includes an
214	214	allegation that, after the child's 18th birthday, the child
215	215	violated a condition of probation ordered under Section 54.04(q),
216	216	the juvenile court may hold a hearing to determine whether there is
217	217	probable cause to believe that the child committed the alleged
218	218	violation. If the court determines that there is probable cause to
219	219	believe that the child committed the alleged violation, the court
220	220	may immediately transfer the child to an appropriate district
221	221	court.
222	222	(i) If the juvenile court exercises jurisdiction over a
223	223	person who is [18 or] 19 years of age or older[, as applicable,]
224	224	under Section 51.041 or 51.0412, the court or jury may, if the
225	225	person is otherwise eligible, place the person on probation under
226	226	Section 54.04(q). The juvenile court shall set the conditions of
227	227	probation and immediately transfer supervision of the person to the
228	228	appropriate court exercising criminal jurisdiction under
229	229	Subsection (e).
230	230	SECTION 7. Section 54.052, Family Code, is amended to read
231	231	as follows:
232	232	Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY
233	233	FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only
234	234	to a child who is committed to[:
235	235	[(1)] the Texas Juvenile Justice Department under a
236	236	determinate sentence under Section 54.04(d)(3) or (m) or Section
237	237	54.05(f)[; or
238	238	[(2) a post-adjudication secure correctional facility
239	239	under a determinate sentence under Section 54.04011(c)(2)].
240	240	(b) The judge of the court in which a child is adjudicated
241	241	shall give the child credit on the child's sentence for the time
242	242	spent by the child, in connection with the conduct for which the
243	243	child was adjudicated, in a secure detention facility before the
244	244	child's transfer to a Texas Juvenile Justice Department facility
245	245	[or a post-adjudication secure correctional facility, as
246	246	applicable].
247	247	(c) If a child appeals the child's adjudication or
248	248	disposition and is retained in a secure detention facility pending
249	249	the appeal, the judge of the court in which the child was
250	250	adjudicated shall give the child credit on the child's sentence for
251	251	the time spent by the child in a secure detention facility pending
252	252	disposition of the child's appeal. The court shall endorse on both
253	253	the commitment and the mandate from the appellate court all credit
254	254	given the child under this subsection.
255	255	(c-1) Except as otherwise authorized by this section, a
256	256	judge may not give a child credit on the child's sentence.
257	257	(d) The Texas Juvenile Justice Department [or the juvenile
258	258	board or local juvenile probation department operating or
259	259	contracting for the operation of the post-adjudication secure
260	260	correctional facility under Section 152.0016, Human Resources
261	261	Code, as applicable,] shall grant any credit under this section in
262	262	computing the child's eligibility for [parole and] discharge from
263	263	the department's custody for completion of the child's sentence.
264	264	(e) The Texas Juvenile Justice Department may not grant
265	265	credit under this section for the purpose of calculating the
266	266	minimum period of confinement for a child under Section 245.051(c),
267	267	Human Resources Code, for time spent by the child in a secure
268	268	detention facility before the date the child is committed to the
269	269	department.
270	270	(f) The Texas Juvenile Justice Department shall grant
271	271	credit under this section for the purpose of calculating the
272	272	minimum period of confinement for a child under Section 245.051(c),
273	273	Human Resources Code, for time spent by the child in a secure
274	274	detention facility on or after the date the child is committed to
275	275	the department.
276	276	SECTION 8. Section 41.302, Government Code, is amended to
277	277	read as follows:
278	278	Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.
279	279	The special prosecution unit is an independent unit that:
280	280	(1) cooperates with and supports prosecuting
281	281	attorneys in prosecuting offenses and delinquent conduct described
282	282	by Article 104.003(a), Code of Criminal Procedure; and
283	283	(2) participates in a hearing described by Section
284	284	41.311.
285	285	SECTION 9. Subchapter E, Chapter 41, Government Code, is
286	286	amended by adding Section 41.311 to read as follows:
287	287	Sec. 41.311. HEARING TO RETURN CHILD TO INSTITUTION FOR
288	288	VIOLATION OF CONDITION OF RELEASE. (a) At the request of the Texas
289	289	Juvenile Justice Department, a prosecuting attorney serving on the
290	290	unit may participate in a hearing regarding the return of a child to
291	291	an institution under Section 245.051(f)(1), Human Resources Code.
292	292	(b) Except as provided by Subsection (c) and with the
293	293	consent of the Texas Juvenile Justice Department, a prosecuting
294	294	attorney serving on the unit may serve any role in a hearing
295	295	described by Subsection (a).
296	296	(c) A prosecuting attorney serving on the unit may not
297	297	represent the child under this section.
298	298	SECTION 10. Section 244.014(a), Human Resources Code, is
299	299	amended to read as follows:
300	300	(a) After a child sentenced to commitment under Section
301	301	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 15 [16]
302	302	years of age but before the child becomes 19 years of age, the
303	303	department may refer the child to the juvenile court that entered
304	304	the order of commitment for approval of the child's transfer to the
305	305	Texas Department of Criminal Justice for confinement if:
306	306	(1) the child has not completed the sentence; and
307	307	(2) the child's conduct, regardless of whether the
308	308	child was released under supervision under Section 245.051,
309	309	indicates that the welfare of the community requires the transfer.
310	310	SECTION 11. Section 245.051, Human Resources Code, is
311	311	amended by adding Subsection (h) to read as follows:
312	312	(h) If a child is committed to the department under a
313	313	determinate sentence under Section 54.04(d)(3), Section 54.04(m),
314	314	or Section 54.05(f), Family Code, the department may not release
315	315	the child under supervision if the child:
316	316	(1) is alleged by a pending petition to have engaged in
317	317	delinquent conduct violating a penal law of the grade of felony
318	318	during the child's commitment to the department; or
319	319	(2) is under indictment for a felony committed during
320	320	the child's commitment to the department.
321	321	SECTION 12. Section 245.101, Human Resources Code, is
322	322	amended by amending Subsection (a) and adding Subsection (a-1) to
323	323	read as follows:
324	324	(a) Except as provided by Subsection (a-1), after [After] a
325	325	child who is committed to the department without a determinate
326	326	sentence completes the minimum length of stay established by the
327	327	department for the child under Section 243.002, the department
328	328	shall, in the manner provided by this section and Section 245.102:
329	329	(1) discharge the child from the custody of the
330	330	department;
331	331	(2) release the child under supervision under Section
332	332	245.051; or
333	333	(3) extend the length of the child's stay in the
334	334	custody of the department.
335	335	(a-1) The department may not discharge a child from the
336	336	custody of the department or release a child under supervision as
337	337	provided by Subsection (a) if the child:
338	338	(1) is alleged by a pending petition to have engaged in
339	339	delinquent conduct violating a penal law of the grade of felony
340	340	during the child's commitment to the department; or
341	341	(2) is under indictment for a felony committed during
342	342	the child's commitment to the department.
343	343	SECTION 13. Section 245.102(a), Human Resources Code, is
344	344	amended to read as follows:
345	345	(a) A panel may extend the length of the child's stay as
346	346	provided by Section 245.101(a)(3) only if:
347	347	(1) the panel determines by majority vote and on the
348	348	basis of a preponderance of the [clear and convincing] evidence
349	349	that:
350	350	(A) [(1)] the child is in need of additional
351	351	rehabilitation from the department; and
352	352	(B) [(2)] the department will provide the most
353	353	suitable environment for that rehabilitation; or
354	354	(2) the child:
355	355	(A) is alleged by a pending petition to have
356	356	engaged in delinquent conduct violating a penal law of the grade of
357	357	felony during the child's commitment to the department; or
358	358	(B) is under indictment for a felony committed
359	359	during the child's commitment to the department.
360	360	SECTION 14. Section 38.112(a), Penal Code, is amended to
361	361	read as follows:
362	362	(a) A person who is required to submit to electronic
363	363	monitoring of the person's location as part of an electronic
364	364	monitoring program under Article 42.035, Code of Criminal
365	365	Procedure, or as a condition of community supervision, parole,
366	366	mandatory supervision, [or] release on bail, probation imposed by a
367	367	juvenile court, release under supervision under Section 245.051,
368	368	Human Resources Code, or placement in a halfway house operated by or
369	369	under contract with the Texas Juvenile Justice Department commits
370	370	an offense if the person knowingly removes or disables, or causes or
371	371	conspires or cooperates with another person to remove or disable, a
372	372	tracking device that the person is required to wear to enable the
373	373	electronic monitoring of the person's location.
374	374	SECTION 15. Section 51.031(c), Family Code, is repealed.
375	375	SECTION 16. (a) Except as otherwise provided by this
376	376	section, this Act applies only to conduct violating a penal law that
377	377	occurs or an offense committed on or after the effective date of
378	378	this Act. Conduct that occurred or an offense committed before the
379	379	effective date of this Act is covered by the law in effect at the
380	380	time the conduct occurred or the offense was committed, and the
381	381	former law is continued in effect for that purpose. For the
382	382	purposes of this section, conduct occurred or an offense was
383	383	committed before the effective date of this Act if any element of
384	384	the conduct or offense occurred before that date.
385	385	(b) Sections 54.05 and 54.051, Family Code, as amended by
386	386	this Act, apply to a child placed on probation on or after the
387	387	effective date of this Act, regardless of whether the conduct for
388	388	which the child was placed on probation was committed before, on, or
389	389	after the effective date of this Act.
390	390	(c) Section 41.311, Government Code, as added by this Act,
391	391	applies only to a hearing that occurs on or after the effective date
392	392	of this Act. A hearing that occurs before the effective date of
393	393	this Act is governed by the law in effect at the time the hearing
394	394	occurred, and the former law is continued in effect for that
395	395	purpose.
396	396	(d) Section 38.112, Penal Code, as amended by this Act,
397	397	applies only to an offense committed under that section or conduct
398	398	violating that section that occurs on or after the effective date of
399	399	this Act. An offense committed or conduct that occurred before
400	400	that date is governed by the law in effect on the date the offense
401	401	was committed or the conduct occurred, and the former law is
402	402	continued in effect for that purpose. For purposes of this
403	403	section, an offense was committed or conduct occurred before the
404	404	effective date of this Act if any element of the offense or conduct
405	405	occurred before that date.
406	406	SECTION 17. This Act takes effect September 1, 2025.