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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the authority of political subdivisions |
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to adopt or enforce juvenile curfews. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.045(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) This article does not limit the authority of a court to |
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order a child taken into custody under Article 45.058 [or 45.059]. |
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SECTION 2. Article 45.060(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as provided by Article [Articles] 45.058 [and |
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45.059], an individual may not be taken into secured custody for |
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offenses alleged to have occurred before the individual's 17th |
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birthday. |
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SECTION 3. Section 51.02(15), Family Code, is amended to |
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read as follows: |
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(15) "Status offender" means a child who is accused, |
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adjudicated, or convicted for conduct that would not, under state |
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law, be a crime if committed by an adult, including: |
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(A) running away from home under Section |
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51.03(b)(2); |
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(B) a fineable only offense under Section |
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51.03(b)(1) transferred to the juvenile court under Section |
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51.08(b), but only if the conduct constituting the offense would |
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not have been criminal if engaged in by an adult; |
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(C) a violation of standards of student conduct |
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as described by Section 51.03(b)(4); |
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(D) [a violation of a juvenile curfew ordinance |
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or order; |
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[(E)] a violation of a provision of the Alcoholic |
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Beverage Code applicable to minors only; or |
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(E) [(F)] a violation of any other fineable only |
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offense under Section 8.07(a)(4) or (5), Penal Code, but only if the |
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conduct constituting the offense would not have been criminal if |
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engaged in by an adult. |
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SECTION 4. Section 38.003(a), Government Code, is amended |
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to read as follows: |
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(a) The judge of a county, justice, or municipal court, in |
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accordance with Section 38.002, may award money from a judicial |
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donation trust fund established under Section 38.001 to eligible |
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children or families who appear before the court for a truancy [or |
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curfew] violation or in another misdemeanor offense proceeding |
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before the court. |
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SECTION 5. Section 71.0352, Government Code, is amended to |
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read as follows: |
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Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND |
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TRUANCY COURTS. As a component of the official monthly report |
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submitted to the Office of Court Administration of the Texas |
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Judicial System: |
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(1) a justice court, municipal court, or truancy court |
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shall report the number of cases filed for: |
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(A) truant conduct under Section 65.003(a), |
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Family Code; and |
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(B) the offense of parent contributing to |
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nonattendance under Section 25.093, Education Code; and |
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[(C) a violation of a local daytime curfew |
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ordinance adopted under Section 341.905 or 351.903, Local |
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Government Code; and] |
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(2) in cases in which a child fails to obey an order of |
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a justice court, municipal court, or truancy court under |
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circumstances that would constitute contempt of court, the justice |
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court, municipal court, or truancy court shall report the number of |
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incidents in which the child is: |
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(A) referred to the appropriate juvenile court |
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for delinquent conduct as provided by Article 45.050(c)(1), Code of |
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Criminal Procedure, or Section 65.251, Family Code; or |
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(B) held in contempt, fined, or denied driving |
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privileges as provided by Article 45.050(c)(2), Code of Criminal |
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Procedure, or Section 65.251, Family Code. |
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SECTION 6. Chapter 370, Local Government Code, is amended |
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by adding Section 370.007 to read as follows: |
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Sec. 370.007. JUVENILE CURFEWS PROHIBITED. (a) |
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Notwithstanding any other law, a political subdivision may not |
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adopt or enforce an order, ordinance, or other measure that imposes |
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a curfew to regulate the movements or actions of persons younger |
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than 18 years of age. |
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(b) This section does not apply to a curfew implemented |
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under Chapter 418, Government Code, for purposes of emergency |
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management. |
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SECTION 7. Section 8.07(e), Penal Code, is amended to read |
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as follows: |
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(e) A person who is at least 10 years of age but younger than |
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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 |
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a 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 8. The following provisions are repealed: |
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(1) Article 45.059, Code of Criminal Procedure; |
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(2) Section 341.905, Local Government Code; |
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(3) Section 351.903, Local Government Code; and |
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(4) Section 370.002, Local Government Code. |
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SECTION 9. A violation of a juvenile curfew ordinance or |
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order may not be prosecuted or adjudicated after the effective date |
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of this Act. If on the effective date of this Act a criminal or |
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civil action is pending for a violation of a juvenile curfew |
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ordinance or order, the action is dismissed on that date. However, |
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a final conviction or adjudication for a violation of a juvenile |
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curfew ordinance or order that exists on the effective date of this |
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Act is unaffected by this Act. |
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SECTION 10. This Act takes effect September 1, 2021. |