BILL ANALYSIS

H.B. 507

By: Wu

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is insufficient uniformity among counties concerning the issuance of court warnings before a waiver of jurisdiction hearing, otherwise known as a "certification hearing," for a child being transferred from juvenile court to adult criminal court. Current state law does not specify a process for a child and their attorney to receive an explanation about the potentially lifelong consequences of being certified as an adult. In addition, these youths are often ordered diagnostic psychological exams without the benefit of counsel. These exams have the potential to violate a youth's right against self-incrimination and right to remain silent. H.B. 507 seeks to ensure that a juvenile being certified in adult court is informed of their constitutional rights and that the reasoning for a waiver of jurisdiction is provided. 

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 507 amends the Family Code to require a juvenile court, prior to the hearing to consider transfer of a child to criminal court for criminal proceedings, to admonish the child in open court and in the presence of the child's attorney regarding the following:

· the court's consideration of waiving its jurisdiction over the child and transferring the child to criminal court for criminal proceedings; and

· the child's right to participate or to decline to participate in any diagnostic study, social evaluation, or investigation ordered by the juvenile court.

The bill requires the court to set the date of the transfer hearing after the admonishment and clarifies that the requirement for the court to order the study, evaluation, or investigation is after the admonishment. The bill requires the attorney for a child who declines to participate in a study, evaluation, or investigation to state the refusal to the court in open court or in writing not later than the fifth business day after the date the court ordered the study, evaluation, or investigation.

H.B. 507 requires a juvenile court to consider the following, among other matters, in making a determination to waive its original jurisdiction and transfer a child to the appropriate court for criminal proceedings:

· the substantive requirements for waiving jurisdiction;

· relevant information ascertained in the full investigation of the child; and

· the benefits or harm of retaining the child in the juvenile justice system.

If the court waives jurisdiction, the statement of reasons for the waiver must set forth a rational basis for the waiver, with sufficient specificity to permit meaningful review, and must include case-specific findings of fact that do not rely solely on the nature or seriousness of the offense. The bill establishes a presumption in a transfer hearing that it is in the best interest of the child and of justice that the juvenile court retain jurisdiction over the child and places the burden on the state to overcome this presumption. The bill's provisions apply only to conduct violating a penal law that occurs on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of conduct, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.