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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of jurisdiction and discretionary transfer |
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of a child from a juvenile court to a criminal court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.02, Family Code, is amended by |
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amending Subsections (d), (f), (h), (l), and (n) and adding |
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Subsections (d-1) and (d-2) to read as follows: |
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(d) Prior to the hearing, the juvenile court shall admonish |
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the child in open court and in the presence of the child's counsel |
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regarding: |
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(1) the court's consideration of waiving its |
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jurisdiction over the child and transferring the child to criminal |
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court for criminal proceedings; and |
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(2) the child's right to participate or to decline to |
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participate in any diagnostic study, social evaluation, or |
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investigation ordered by the juvenile court under Subsection (d-1). |
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(d-1) After the admonishment under Subsection (d), the |
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juvenile court shall order [and obtain] a complete diagnostic |
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study, social evaluation, and full investigation of the child, the |
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child's [his] circumstances, and the circumstances of the alleged |
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offense and shall set the date of the transfer hearing. If the |
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child declines to participate in a study, evaluation, or |
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investigation, the attorney for the child shall state the refusal |
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to the court in open court or in writing not later than the fifth |
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business day after the date the court ordered the study, |
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evaluation, or investigation. |
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(d-2) In a hearing under this section, a presumption exists |
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that it is in the best interest of the child and of justice that the |
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juvenile court retain jurisdiction over the child. The burden is on |
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the state to overcome this presumption. |
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(f) In making the determination required by Subsection (a) |
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of this section, the court shall consider, among other matters: |
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(1) whether the alleged offense was against person or |
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property, with greater weight in favor of transfer given to |
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offenses against the person; |
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(2) the sophistication and maturity of the child; |
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(3) the record and previous history of the child; |
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[and] |
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(4) the prospects of adequate protection of the public |
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and the likelihood of the rehabilitation of the child by use of |
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procedures, services, and facilities currently available to the |
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juvenile court; |
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(5) the substantive requirements for waiving |
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jurisdiction; |
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(6) relevant information ascertained in the full |
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investigation of the child; and |
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(7) the benefits or harm of retaining the child in the |
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juvenile justice system. |
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(h) If the juvenile court waives jurisdiction, it shall |
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state specifically in the order its reasons for waiver. The |
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statement of reasons must set forth a rational basis for the waiver |
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of jurisdiction, with sufficient specificity to permit meaningful |
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review, and must include case-specific findings of fact that do not |
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rely solely upon the nature or seriousness of the offense. The |
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court shall [and] certify its action, including the written order |
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and findings of the court, and shall transfer the person to the |
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appropriate court for criminal proceedings and cause the results of |
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the diagnostic study of the person ordered under Subsection (d-1) |
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[(d)], including psychological information, to be transferred to |
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the appropriate criminal prosecutor. On transfer of the person for |
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criminal proceedings, the person shall be dealt with as an adult and |
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in accordance with the Code of Criminal Procedure, except that if |
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detention in a certified juvenile detention facility is authorized |
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under Section 152.0015, Human Resources Code, the juvenile court |
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may order the person to be detained in the facility pending trial or |
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until the criminal court enters an order under Article 4.19, Code of |
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Criminal Procedure. A transfer of custody made under this |
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subsection is an arrest. |
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(l) The juvenile court shall conduct a hearing without a |
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jury to consider waiver of jurisdiction under Subsection (j). |
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Except as otherwise provided by this subsection, a waiver of |
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jurisdiction under Subsection (j) may be made without the necessity |
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of conducting the diagnostic study [or complying with the |
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requirements of discretionary transfer proceedings] under |
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Subsection (d-1) [(d)]. If requested by the attorney for the person |
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at least 10 days before the transfer hearing, the court shall order |
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that the person be examined pursuant to Section 51.20(a) and that |
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the results of the examination be provided to the attorney for the |
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person and the attorney for the state at least five days before the |
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transfer hearing. |
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(n) A mandatory transfer under Subsection (m) may be made |
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without conducting the study required in discretionary transfer |
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proceedings by Subsection (d-1) [(d)]. The requirements of |
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Subsection (b) that the summons state that the purpose of the |
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hearing is to consider discretionary transfer to criminal court |
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does not apply to a transfer proceeding under Subsection (m). In a |
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proceeding under Subsection (m), it is sufficient that the summons |
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provide fair notice that the purpose of the hearing is to consider |
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mandatory transfer to criminal court. |
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SECTION 2. Section 54.02, Family Code, as amended by this |
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Act, applies only to conduct violating a penal law that occurs on or |
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after the effective date of this Act. Conduct violating a penal law |
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that occurs before the effective date of this Act is governed by the |
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law in effect when the conduct occurred, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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conduct occurs before the effective date of this Act if any element |
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of the conduct occurs before the effective date. |
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SECTION 3. This Act takes effect September 1, 2021. |