Texas 2025 - 89th Regular

Texas Senate Bill SB430 Compare Versions

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

Old	New	Differences
1	1	89R432 MCF-D
2	2	By: Miles S.B. No. 430
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the age of a child at which a juvenile court may
10	10	exercise jurisdiction over the child and to the minimum age of
11	11	criminal responsibility.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 45A.453(a), Code of Criminal Procedure,
14	14	is amended to read as follows:
15	15	(a) In this article, "child" means a person who is:
16	16	(1) at least 12 [10] years of age and younger than 17
17	17	years of age; and
18	18	(2) charged with or convicted of an offense that a
19	19	justice or municipal court has jurisdiction of under Article 4.11
20	20	or 4.14.
21	21	SECTION 2. Section 37.141(1), Education Code, is amended to
22	22	read as follows:
23	23	(1) "Child" means a person who is:
24	24	(A) a student; and
25	25	(B) at least 12 [10] years of age and younger than
26	26	18 years of age.
27	27	SECTION 3. Section 51.02(2), Family Code, is amended to
28	28	read as follows:
29	29	(2) "Child" means a person who is:
30	30	(A) 10 [ten] years of age or older and under 18
31	31	[17] years of age who is alleged or found to have engaged in conduct
32	32	that violates a penal law of the grade of felony as a result of acts
33	33	committed before becoming 12 years of age; or
34	34	(B) 12 [seventeen] years of age or older and
35	35	under 18 years of age who is alleged or found to have engaged in
36	36	delinquent conduct or conduct indicating a need for supervision as
37	37	a result of acts committed after becoming 12 years of age and before
38	38	becoming 17 years of age.
39	39	SECTION 4. Section 52.02, Family Code, is amended by adding
40	40	Subsection (e) to read as follows:
41	41	(e) A child younger than 12 years of age must be released
42	42	from custody in accordance with Subsection (a)(1) unless the child
43	43	poses an immediate threat to public safety or to the child's own
44	44	safety.
45	45	SECTION 5. Sections 53.01(b) and (b-1), Family Code, are
46	46	amended to read as follows:
47	47	(b) Except as provided by Subsection (b-1), if [If] it is
48	48	determined that the person is not a child or there is no probable
49	49	cause, the person shall immediately be released.
50	50	(b-1) The person who is conducting the preliminary
51	51	investigation may [shall], as appropriate, refer the child's case
52	52	to a community resource coordination group, a local-level
53	53	interagency staffing group, or another [other] community juvenile
54	54	services [service] provider for services under Section 53.011, if
55	55	the person determines that:
56	56	(1) the child is younger than 12 years of age;
57	57	(2) the child is not subject to the jurisdiction of a
58	58	juvenile court because the child is not alleged to have engaged in
59	59	conduct that violates a penal law of the grade of felony as a result
60	60	of acts committed before becoming 12 years of age [there is probable
61	61	cause to believe the child engaged in delinquent conduct or conduct
62	62	indicating a need for supervision;
63	63	[(3) the child's case does not require referral to the
64	64	prosecuting attorney under Subsection (d) or (f);
65	65	[(4) the child is eligible for deferred prosecution
66	66	under Section 53.03]; and
67	67	(3) [(5)] the child and the child's family are not
68	68	currently receiving services under Section 53.011 and would benefit
69	69	from receiving the services.
70	70	SECTION 6. Section 53.011(b), Family Code, is amended to
71	71	read as follows:
72	72	(b) On receipt of a referral under Section 53.01(b-1) or
73	73	54.015(f), a community resource coordination group, a local-level
74	74	interagency staffing group, or another community juvenile services
75	75	provider shall evaluate the child's case and make recommendations
76	76	to the juvenile probation department for appropriate services for
77	77	the child and the child's family.
78	78	SECTION 7. Chapter 54, Family Code, is amended by adding
79	79	Section 54.015 to read as follows:
80	80	Sec. 54.015. JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN
81	81	12 YEARS OF AGE. (a) On request of any party, a court shall hold a
82	82	jurisdictional hearing without a jury to determine whether to
83	83	retain jurisdiction over a child younger than 12 years of age.
84	84	(b) A hearing under this section must be held:
85	85	(1) if the child was not released under Section 53.02,
86	86	immediately before considering whether to release the child at the
87	87	detention hearing under Section 54.01; or
88	88	(2) if the child was not detained and the requirements
89	89	of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied,
90	90	immediately before the hearing on the petition.
91	91	(c) At a hearing under this section, the court must
92	92	determine whether to retain jurisdiction over the child by
93	93	considering whether:
94	94	(1) probable cause exists to believe the child engaged
95	95	in conduct that violates a penal law of the grade of felony;
96	96	(2) normal interventions by the child's parent,
97	97	guardian, or family, child protective services, or the child's
98	98	school will be sufficient to ensure the safety of the public and of
99	99	the child;
100	100	(3) intervention by the court is warranted; and
101	101	(4) it is in the best interest of the child for the
102	102	court to intervene.
103	103	(d) If the court retains jurisdiction over a child under
104	104	this section, the court may proceed with the detention hearing
105	105	under Section 54.01 or an adjudication hearing under Section 54.03,
106	106	as applicable.
107	107	(e) If the court waives jurisdiction over the child, the
108	108	court shall immediately dismiss the child and the charges against
109	109	the child. A waiver under this section is a waiver of jurisdiction
110	110	over the child only for the dismissed charges.
111	111	(f) If the court waives jurisdiction over the child, the
112	112	court shall notify the person who conducted the preliminary
113	113	investigation of the child under Section 53.01 of the court's
114	114	waiver of jurisdiction. The person may, as appropriate, refer the
115	115	child's case to a community resource coordination group, a
116	116	local-level interagency staffing group, or another community
117	117	juvenile services provider for services under Section 53.011.
118	118	SECTION 8. Sections 8.07(d) and (e), Penal Code, are
119	119	amended to read as follows:
120	120	(d) Notwithstanding Subsection (a), a person may not be
121	121	prosecuted for or convicted of an offense described by Subsection
122	122	(a)(4) or (5) that the person committed when younger than 12 [10]
123	123	years of age.
124	124	(e) A person who is at least 12 [10] years of age but younger
125	125	than 15 years of age is presumed incapable of committing an offense
126	126	described by Subsection (a)(4) or (5). This presumption may be
127	127	refuted if the prosecution proves to the court by a preponderance of
128	128	the evidence that the actor had sufficient capacity to understand
129	129	that the conduct engaged in was wrong at the time the conduct was
130	130	engaged in. The prosecution is not required to prove that the actor
131	131	at the time of engaging in the conduct knew that the act was a
132	132	criminal offense or knew the legal consequences of the offense.
133	133	SECTION 9. The following provisions are repealed:
134	134	(1) Article 45A.454(d), Code of Criminal Procedure;
135	135	(2) Sections 37.124(d) and 37.126(c), Education Code;
136	136	(3) Section 53.011(d), Family Code; and
137	137	(4) Section 42.01(f), Penal Code.
138	138	SECTION 10. The changes in law made by this Act apply only
139	139	to an offense committed or conduct that occurs on or after the
140	140	effective date of this Act. An offense committed or conduct that
141	141	occurred before that date is governed by the law in effect on the
142	142	date the offense was committed or the conduct occurred, and the
143	143	former law is continued in effect for that purpose. For purposes of
144	144	this section, an offense was committed or conduct occurred before
145	145	the effective date of this Act if any element of the offense or
146	146	conduct occurred before that date.
147	147	SECTION 11. This Act takes effect September 1, 2025.