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A BILL TO BE ENTITLED
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AN ACT
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relating to the age at which a juvenile court may exercise |
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jurisdiction over a child and to the minimum age of criminal |
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responsibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 45.058(h) and (i), Code of Criminal |
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Procedure, are 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 13 [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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(i) If a law enforcement officer [issues a citation or] |
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files a complaint in the manner provided by Article 45.018 for |
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conduct by a child 13 [12] years of age or older that is alleged to |
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have occurred on school property or on a vehicle owned or operated |
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by a county or independent school district, the officer shall |
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submit to the court the offense report, a statement by a witness to |
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the alleged conduct, and a statement by a victim of the alleged |
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conduct, if any. An attorney representing the state may not proceed |
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in a trial of an offense unless the law enforcement officer complied |
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with the requirements of this subsection. |
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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 13 [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 years of age or older and under 13 years of |
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age who is alleged or found to have engaged in conduct that contains |
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the elements of any of the following offenses under the Penal Code: |
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(i) aggravated assault under Section 22.02, |
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sexual assault under Section 22.011, or aggravated sexual assault |
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under Section 22.021; |
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(ii) arson under Section 28.02; |
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(iii) murder under Section 19.02, capital |
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murder under Section 19.03, or criminal attempt under Section 15.01 |
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to commit murder or capital murder; |
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(iv) indecency with a child under Section |
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21.11; |
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(v) aggravated kidnapping under Section |
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20.04; |
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(vi) aggravated robbery under Section |
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29.03; |
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(vii) manslaughter under Section 19.04; |
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(viii) criminally negligent homicide under |
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Section 19.05; or |
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(ix) continuous sexual abuse of young child |
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or disabled individual under Section 21.02; |
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(B) 13 [ten] years of age or older and under 17 |
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years of age; or |
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(C) 17 [(B) 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 before becoming 17 years of age. |
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SECTION 4. Chapter 54, Family Code, is amended by adding |
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Section 54.021 to read as follows: |
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Sec. 54.021. WAIVER OF JURISDICTION FOR CHILD UNDER 13 |
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YEARS OF AGE. (a) Not later than the 30th day after the date on |
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which a preliminary investigation under Section 53.01 concludes, |
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the attorney representing the state shall file a petition |
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requesting a hearing to determine whether the juvenile court should |
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waive its exclusive original jurisdiction over a child younger than |
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13 years of age. |
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(b) After the petition under Subsection (a) has been filed, |
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the juvenile court shall set a time for the hearing. The hearing |
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must be held: |
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(1) without a jury; and |
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(2) before an adjudication hearing may occur. |
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(c) At a hearing under this section, the juvenile court |
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shall consider whether: |
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(1) less restrictive interventions by the child's |
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parent, guardian, family, or school, or by child protective |
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services or county family and youth services, are available and |
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will be sufficient to ensure the safety of the public and of the |
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child; |
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(2) intervention by the court is warranted; and |
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(3) 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 elects not to waive its jurisdiction over a |
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child in a hearing under this section, the court shall state the |
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reasons for its decision in the order. |
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(e) If the court elects to waive its jurisdiction over a |
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child in a hearing under this section, the court shall dismiss all |
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charges against the child. The court shall refer the child to the |
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person who conducted the preliminary investigation of the child |
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under Section 53.01 for a referral for services described by |
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Subsection (c)(1), as appropriate. |
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SECTION 5. 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 13 [10] |
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years of age. |
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(e) A person who is at least 13 [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 6. 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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and |
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(3) Section 42.01(f), Penal Code. |
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SECTION 7. (a) As soon as practicable after the effective |
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date of this Act, the Texas Commission on Law Enforcement and the |
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Texas School Safety Center shall update the training provided to |
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school resource officers and other peace officers to include the |
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changes in law made by this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Juvenile Justice Department shall update the |
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training provided to juvenile probation departments to include the |
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changes in law made by this Act. |
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(c) As soon as practicable after the effective date of this |
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Act, the Supreme Court of Texas Children's Commission shall |
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disseminate information to judges and attorneys in this state |
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regarding the changes in law made by this Act. |
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SECTION 8. The changes in law made by this Act apply only to |
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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 9. This Act takes effect September 1, 2023. |