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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), (h), (l), and (n) and adding Subsection |
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(d-1) 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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(h) If the juvenile court waives jurisdiction, it shall |
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state specifically in the order its reasons for waiver and certify |
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its action, including the written order and findings of the court, |
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and shall transfer the person to the appropriate court for criminal |
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proceedings and cause the results of the diagnostic study of the |
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person ordered under Subsection (d-1) [(d)], including |
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psychological information, to be transferred to the appropriate |
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criminal prosecutor. On transfer of the person for criminal |
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proceedings, the person shall be dealt with as an adult and in |
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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. |