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A BILL TO BE ENTITLED
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AN ACT
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relating to the age of a child at which a juvenile court may |
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exercise jurisdiction over the child and to the minimum age of |
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criminal responsibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.058(h), Code of Criminal Procedure, |
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is amended to read as follows: |
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(h) In this article, "child" means a person who is: |
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(1) at least 12 [10] years of age and younger than 17 |
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years of age; and |
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(2) charged with or convicted of an offense that a |
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justice or municipal court has jurisdiction of under Article 4.11 |
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or 4.14. |
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SECTION 2. Section 37.141(1), Education Code, is amended to |
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read as follows: |
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(1) "Child" means a person who is: |
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(A) a student; and |
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(B) at least 12 [10] years of age and younger than |
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18 years of age. |
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SECTION 3. Section 51.02(2), Family Code, is amended to |
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read as follows: |
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(2) "Child" means a person who is: |
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(A) 10 [ten] years of age or older and under 18 |
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[17] years of age who is alleged or found to have engaged in conduct |
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that violates a penal law of the grade of felony as a result of acts |
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committed before becoming 12 years of age; or |
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(B) 12 [seventeen] years of age or older and |
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under 18 years of age who is alleged or found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision as |
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a result of acts committed after becoming 12 years of age and before |
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becoming 17 years of age. |
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SECTION 4. Section 52.02, Family Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) A child younger than 12 years of age must be released |
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from custody in accordance with Subsection (a)(1) unless the child |
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poses an immediate threat to public safety or to the child's own |
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safety. |
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SECTION 5. Sections 53.01(b) and (b-1), Family Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (b-1), if [If] it is |
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determined that the person is not a child or there is no probable |
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cause, the person shall immediately be released. |
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(b-1) The person who is conducting the preliminary |
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investigation may [shall], as appropriate, refer the child's case |
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to a community resource coordination group, a local-level |
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interagency staffing group, or other community juvenile services |
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[service] provider for services under Section 53.011, if the person |
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determines that: |
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(1) the child is younger than 12 years of age; |
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(2) the child is not subject to the jurisdiction of a |
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juvenile court because the child is not alleged to have engaged in |
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conduct that violates a penal law of the grade of felony as a result |
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of acts committed before becoming 12 years of age [there is probable |
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cause to believe the child engaged in delinquent conduct or conduct |
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indicating a need for supervision; |
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[(3) the child's case does not require referral to the |
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prosecuting attorney under Subsection (d) or (f); |
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[(4) the child is eligible for deferred prosecution |
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under Section 53.03]; and |
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(3) [(5)] the child and the child's family are not |
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currently receiving services under Section 53.011 and would benefit |
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from receiving the services. |
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SECTION 6. Section 53.011(b), Family Code, is amended to |
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read as follows: |
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(b) On receipt of a referral under Section 53.01(b-1) or |
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54.015(f), a community resource coordination group, a local-level |
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interagency staffing group, or another community juvenile services |
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provider shall evaluate the child's case and make recommendations |
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to the juvenile probation department for appropriate services for |
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the child and the child's family. |
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SECTION 7. Chapter 54, Family Code, is amended by adding |
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Section 54.015 to read as follows: |
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Sec. 54.015. JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN |
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12 YEARS OF AGE. (a) On request of any party, a court shall hold a |
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jurisdictional hearing without a jury to determine whether to |
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retain jurisdiction over a child younger than 12 years of age. |
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(b) A hearing under this section must be held: |
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(1) if the child was not released under Section 53.02, |
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immediately before considering whether to release the child at the |
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detention hearing under Section 54.01; or |
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(2) if the child was not detained and the requirements |
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of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied, |
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immediately before the hearing on the petition. |
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(c) At a hearing under this section, the court must |
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determine whether to retain jurisdiction over the child by |
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considering whether: |
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(1) probable cause exists to believe that the child |
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engaged in conduct that violates a penal law of the grade of felony; |
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(2) normal interventions by the child's parent, |
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guardian, or family, child protective services, or the child's |
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school will be sufficient to ensure the safety of the public and of |
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the child; |
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(3) intervention by the court is warranted; and |
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(4) it is in the best interest of the child for the |
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court to intervene. |
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(d) If the court retains jurisdiction over a child under |
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this section, the court may proceed with the detention hearing |
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under Section 54.01 or an adjudication hearing under Section 54.03, |
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as applicable. |
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(e) If the court waives jurisdiction over the child, the |
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court shall immediately dismiss the child and the charges against |
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the child. A waiver under this section is a waiver of jurisdiction |
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over the child only for the dismissed charges. |
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(f) If the court waives jurisdiction over the child, the |
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court shall notify the person who conducted the preliminary |
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investigation of the child under Section 53.01 of the court's |
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waiver of jurisdiction. The person may, as appropriate, refer the |
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child's case to a community resource coordination group, |
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local-level interagency staffing group, or other community |
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juvenile services provider for services under Section 53.011. |
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SECTION 8. Sections 8.07(d) and (e), Penal Code, are |
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amended to read as follows: |
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(d) Notwithstanding Subsection (a), a person may not be |
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prosecuted for or convicted of an offense described by Subsection |
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(a)(4) or (5) that the person committed when younger than 12 [10] |
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years of age. |
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(e) A person who is at least 12 [10] years of age but younger |
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than 15 years of age is presumed incapable of committing an offense |
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described by Subsection (a)(4) or (5), other than an offense under a |
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juvenile curfew ordinance or order. This presumption may be |
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refuted if the prosecution proves to the court by a preponderance of |
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the evidence that the actor had sufficient capacity to understand |
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that the conduct engaged in was wrong at the time the conduct was |
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engaged in. The prosecution is not required to prove that the actor |
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at the time of engaging in the conduct knew that the act was a |
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criminal offense or knew the legal consequences of the offense. |
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SECTION 9. The following provisions are repealed: |
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(1) Article 45.058(j), Code of Criminal Procedure; |
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(2) Sections 37.124(d) and 37.126(c), Education Code; |
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(3) Section 53.011(d), Family Code; and |
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(4) Section 42.01(f), Penal Code. |
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SECTION 10. The changes in law made by this Act apply only |
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to an offense committed or conduct that occurs on or after the |
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effective date of this Act. An offense committed or conduct that |
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occurred before that date is governed by the law in effect on the |
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date the offense was committed or the conduct occurred, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed or conduct occurred before |
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the effective date of this Act if any element of the offense or |
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conduct occurred before that date. |
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SECTION 11. This Act takes effect September 1, 2021. |