By: Perry, et al. S.B. No. 1727
A BILL TO BE ENTITLED
AN ACT
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;
changing the eligibility for community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.061 to read as follows:
Art. 42A.061. PLACEMENT ON COMMUNITY SUPERVISION
PROHIBITED FOR CERTAIN OFFENSES COMMITTED IN CERTAIN JUVENILE
FACILITIES. Notwithstanding any other provision of this chapter, a
defendant is not eligible for community supervision, including
deferred adjudication community supervision, under this chapter
for an offense punishable as a felony committed:
(1) when the defendant was at least 17 years of age;
and
(2) while the defendant was:
(A) committed to the Texas Juvenile Justice
Department;
(B) placed in a halfway house operated by or
under contract with the Texas Juvenile Justice Department; or
(C) placed in a secure correctional facility or
secure detention facility, as defined by Section 51.02, Family
Code.
SECTION 2. Section 51.031(a), Family Code, is amended to
read as follows:
(a) 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 [two] previous final adjudication [adjudications] as having
engaged in delinquent conduct violating a penal law of the grade of
felony; and
(2) [the second previous final adjudication is for
conduct that occurred after the date the first previous
adjudication became final; and
[(3)] all appeals relating to at least one [the]
previous adjudication [adjudications] considered under Subdivision
[Subdivisions] (1) [and (2)] have been exhausted.
SECTION 3. Section 53.04(d), Family Code, is amended to
read as follows:
(d) The petition must state:
(1) with reasonable particularity the time, place, and
manner of the acts alleged and the penal law or standard of conduct
allegedly violated by the acts;
(2) the name, age, and residence address, if known, of
the child who is the subject of the petition;
(3) the names and residence addresses, if known, of
the parent, guardian, or custodian of the child and of the child's
spouse, if any;
(4) if the child's parent, guardian, or custodian does
not reside or cannot be found in the state, or if their places of
residence are unknown, the name and residence address of any known
adult relative residing in the county or, if there is none, the name
and residence address of the known adult relative residing nearest
to the location of the court; and
(5) if the child is alleged to have engaged in habitual
felony conduct, the previous adjudication [adjudications] in which
the child was found to have engaged in conduct violating a penal law
[laws] of the grade of felony.
SECTION 4. Section 53.045(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), the prosecuting
attorney may 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) constitutes habitual felony conduct as described
by Section 51.031;
(2) [or that] included the violation of any of the
following provisions:
(A) [(1)] Section 19.02, Penal Code (murder);
(B) [(2)] Section 19.03, Penal Code (capital
murder);
(C) [(3)] Section 19.04, Penal Code
(manslaughter);
(D) [(4)] Section 20.04, Penal Code (aggravated
kidnapping);
(E) [(5)] Section 22.011, Penal Code (sexual
assault) or Section 22.021, Penal Code (aggravated sexual assault);
(F) [(6)] Section 22.02, Penal Code (aggravated
assault);
(G) [(7)] Section 29.03, Penal Code (aggravated
robbery);
(H) [(8)] Section 22.04, Penal Code (injury to a
child, elderly individual, or disabled individual), if the offense
is punishable as a felony, other than a state jail felony;
(I) [(9)] Section 22.05(b), Penal Code (felony
deadly conduct involving discharging a firearm);
(J) [(10)] Subchapter D, Chapter 481, Health and
Safety Code, if the conduct constitutes a felony of the first degree
or an aggravated controlled substance felony (certain offenses
involving controlled substances);
(K) [(11)] Section 15.03, Penal Code (criminal
solicitation);
(L) [(12)] Section 21.11(a)(1), Penal Code
(indecency with a child);
(M) [(13)] Section 15.031, Penal Code (criminal
solicitation of a minor);
(N) [(14)] Section 15.01, Penal Code (criminal
attempt), if the offense attempted was an offense under Section
19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
murder), or an offense listed by Article 42A.054(a), Code of
Criminal Procedure;
(O) [(15)] Section 28.02, Penal Code (arson), if
bodily injury or death is suffered by any person by reason of the
commission of the conduct;
(P) [(16)] Section 49.08, Penal Code
(intoxication manslaughter); or
(Q) [(17)] Section 15.02, Penal Code (criminal
conspiracy), if the offense made the subject of the criminal
conspiracy includes a violation of any of the provisions referenced
in Paragraphs (A) [Subdivisions (1)] through (P); or
(3) constitutes a felony of the first, second, or
third degree committed while the child was:
(A) committed to the Texas Juvenile Justice
Department;
(B) placed in a halfway house operated by or
under contract with the Texas Juvenile Justice Department; or
(C) placed in a secure correctional facility or
secure detention facility, as defined by Section 51.02 [(16)].
SECTION 5. Section 54.05, Family Code, is amended by
amending Subsection (j) and adding Subsections (k), (k-1), and
(k-2) to read as follows:
(j) 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), the court may:
(1) modify the disposition to commit the child to the
Texas Juvenile Justice Department under Section 54.04(d)(3) [or, if
applicable, a post-adjudication secure correctional facility
operated under Section 152.0016, Human Resources Code,] 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 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 Section 54.051(e).
(k) A court modifying a disposition under Subsection
(j)(2)(A) may consider:
(1) the experiences and character of the child before
and after being placed on probation;
(2) the nature of the conduct violating a penal law for
which the child was placed on probation and the manner in which the
conduct was engaged;
(3) the ability of the child to contribute to society;
(4) the protection of the victim of the conduct for
which the child was placed on probation or of a family member of the
victim of that conduct;
(5) the recommendations of the juvenile probation
department and the attorney representing the state;
(6) the best interests of the child; and
(7) any other factor the court considers relevant.
(k-1) A court conducting a hearing under this section for
the purpose of modifying a disposition in the manner described by
Subsection (j)(2)(A) shall:
(1) ensure the hearing is recorded by a court reporter
or by audio or video tape recording; and
(2) retain the record of the hearing until the second
anniversary of the date the court issues an order regarding the
hearing.
(k-2) A court may transfer a child to an appropriate
district court under Subsection (j)(2)(B) before the child's 19th
birthday.
SECTION 6. Section 54.051, Family Code, is amended by
amending Subsections (b), (d), (d-1), (e), (e-2), (f), and (i) and
adding Subsection (f-1) to read as follows:
(b) The hearing must be conducted 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 must be conducted in the same manner as a hearing to
modify disposition under Section 54.05.
(d) Except as provided by Subsection (f-1), if [If], after a
hearing, the court determines to transfer the child, the court
shall transfer the child to an appropriate district court on the
child's 19th birthday.
(d-1) After a transfer to district court under this section
or Section 54.05(j)(2)(B) [Subsection (d)], 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) A district court that exercises jurisdiction over a
person transferred under this section or Section 54.05(j)(2)(B)
[Subsection (d)] shall place the person on community supervision
under Chapter 42A, Code of Criminal Procedure, for the remainder of
the person's probationary period and under conditions consistent
with those ordered by the juvenile court.
(e-2) 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) and that probation violation was not discovered by the
state before the date the person was transferred to the district
court [person's 19th birthday], the district court shall 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. If the judge revokes
community supervision, the judge may reduce the prison sentence to
any length without regard to the minimum term imposed by Article
42A.755(a), Code of Criminal Procedure.
(f) The juvenile court may transfer a child to an
appropriate district court as provided by Subsection (d) [this
section] without a showing that the child violated a condition of
probation ordered under Section 54.04(q).
(f-1) 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),
the juvenile court may hold a hearing to determine whether there is
probable cause to believe that the child committed the alleged
violation. If the court determines that there is probable cause to
believe that the child committed the alleged violation, the court
may immediately transfer the child to an appropriate district
court.
(i) If the juvenile court exercises jurisdiction over a
person who is [18 or] 19 years of age or older[, as applicable,]
under Section 51.041 or 51.0412, the court or jury may, if the
person is otherwise eligible, place the person on probation under
Section 54.04(q). The juvenile court shall set the conditions of
probation and immediately transfer supervision of the person to the
appropriate court exercising criminal jurisdiction under
Subsection (e).
SECTION 7. Section 54.052, Family Code, is amended to read
as follows:
Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY
FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only
to a child who is committed to[:
[(1)] the Texas Juvenile Justice Department under a
determinate sentence under Section 54.04(d)(3) or (m) or Section
54.05(f)[; or
[(2) a post-adjudication secure correctional facility
under a determinate sentence under Section 54.04011(c)(2)].
(b) The judge of the court in which a child is adjudicated
shall 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 Texas Juvenile Justice Department facility
[or a post-adjudication secure correctional facility, as
applicable].
(c) If a child appeals the child's adjudication or
disposition and is retained in a secure detention facility pending
the appeal, the judge of the court in which the child was
adjudicated shall 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. The court shall endorse on both
the commitment and the mandate from the appellate court all credit
given the child under this subsection.
(c-1) Except as otherwise authorized by this section, a
judge may not give a child credit on the child's sentence.
(d) The Texas Juvenile Justice Department [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, Human Resources
Code, as applicable,] shall grant any credit under this section in
computing the child's eligibility for [parole and] discharge from
the department's custody for completion of the child's sentence.
(e) The Texas Juvenile Justice Department may not grant
credit under this section for the purpose of calculating the
minimum period of confinement for a child under Section 245.051(c),
Human Resources Code, for time spent by the child in a secure
detention facility before the date the child is committed to the
department.
(f) The Texas Juvenile Justice Department shall grant
credit under this section for the purpose of calculating the
minimum period of confinement for a child under Section 245.051(c),
Human Resources Code, for time spent by the child in a secure
detention facility on or after the date the child is committed to
the department.
SECTION 8. Section 41.302, Government Code, is amended to
read as follows:
Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.
The special prosecution unit is an independent unit that:
(1) cooperates with and supports prosecuting
attorneys in prosecuting offenses and delinquent conduct described
by Article 104.003(a), Code of Criminal Procedure; and
(2) participates in a hearing described by Section
41.311.
SECTION 9. Subchapter E, Chapter 41, Government Code, is
amended by adding Section 41.311 to read as follows:
Sec. 41.311. HEARING TO RETURN CHILD TO INSTITUTION FOR
VIOLATION OF CONDITION OF RELEASE. (a) At the request of the Texas
Juvenile Justice Department, a prosecuting attorney serving on the
unit may participate in a hearing regarding the return of a child to
an institution under Section 245.051(f)(1), Human Resources Code.
(b) Except as provided by Subsection (c) and with the
consent of the Texas Juvenile Justice Department, a prosecuting
attorney serving on the unit may serve any role in a hearing
described by Subsection (a).
(c) A prosecuting attorney serving on the unit may not
represent the child under this section.
SECTION 10. Section 244.014(a), Human Resources Code, is
amended to read as follows:
(a) After a child sentenced to commitment under Section
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 15 [16]
years of age but before the child becomes 19 years of age, the
department may refer the child to the juvenile court that entered
the order of commitment for approval of the child's transfer to the
Texas Department of Criminal Justice for confinement if:
(1) the child has not completed the sentence; and
(2) the child's conduct, regardless of whether the
child was released under supervision under Section 245.051,
indicates that the welfare of the community requires the transfer.
SECTION 11. Section 245.051, Human Resources Code, is
amended by adding Subsection (h) to read as follows:
(h) If a child is committed to the department under a
determinate sentence under Section 54.04(d)(3), Section 54.04(m),
or Section 54.05(f), Family Code, the department may not release
the child under supervision if the child:
(1) 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 the department; or
(2) is under indictment for a felony committed during
the child's commitment to the department.
SECTION 12. Section 245.101, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), after [After] a
child who is committed to the department without a determinate
sentence completes the minimum length of stay established by the
department for the child under Section 243.002, the department
shall, in the manner provided by this section and Section 245.102:
(1) discharge the child from the custody of the
department;
(2) release the child under supervision under Section
245.051; or
(3) extend the length of the child's stay in the
custody of the department.
(a-1) The department may not discharge a child from the
custody of the department or release a child under supervision as
provided by Subsection (a) if the child:
(1) 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 the department; or
(2) is under indictment for a felony committed during
the child's commitment to the department.
SECTION 13. Section 245.102(a), Human Resources Code, is
amended to read as follows:
(a) A panel may extend the length of the child's stay as
provided by Section 245.101(a)(3) only if:
(1) the panel determines by majority vote and on the
basis of a preponderance of the [clear and convincing] evidence
that:
(A) [(1)] the child is in need of additional
rehabilitation from the department; and
(B) [(2)] the department will provide the most
suitable environment for that rehabilitation; or
(2) the child:
(A) 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 the department; or
(B) is under indictment for a felony committed
during the child's commitment to the department.
SECTION 14. Section 38.112(a), Penal Code, is amended to
read as follows:
(a) 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, Code of Criminal
Procedure, or as a condition of community supervision, parole,
mandatory supervision, [or] release on bail, probation imposed by a
juvenile court, release under supervision under Section 245.051,
Human Resources Code, or placement in a halfway house operated by or
under contract with the Texas Juvenile Justice Department 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. Section 51.031(c), Family Code, is repealed.
SECTION 16. (a) Except as otherwise provided by this
section, this Act applies only to conduct violating a penal law that
occurs or an offense committed on or after the effective date of
this Act. Conduct that occurred or an offense committed before the
effective date of this Act is covered by the law in effect at the
time the conduct occurred or the offense was committed, and the
former law is continued in effect for that purpose. For the
purposes of this section, conduct occurred or an offense was
committed before the effective date of this Act if any element of
the conduct or offense occurred before that date.
(b) 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) Section 41.311, Government Code, as added by this Act,
applies only to a hearing that occurs on or after the effective date
of this Act. A hearing that occurs before the effective date of
this Act is governed by the law in effect at the time the hearing
occurred, and the former law is continued in effect for that
purpose.
(d) Section 38.112, Penal Code, as amended by this Act,
applies only to an offense committed under that section or conduct
violating that section that occurs on or after the effective date of
this Act. An offense committed or conduct that occurred before
that date is governed by the law in effect on the date the offense
was committed or the conduct occurred, and the former law is
continued in effect for that purpose. For purposes of this
section, an offense was committed or conduct occurred before the
effective date of this Act if any element of the offense or conduct
occurred before that date.
SECTION 17. This Act takes effect September 1, 2025.