| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the age at which a juvenile court may exercise |
|
|
jurisdiction over a child. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 51.02(2), Family Code, is amended to |
|
|
read as follows: |
|
|
(2) "Child" means a person who is: |
|
|
(A) 10 years of age or older and under 13 years of |
|
|
age who is alleged or found to have engaged in conduct that contains |
|
|
the elements of any of the following offenses under the Penal Code: |
|
|
(i) aggravated assault under Section 22.02, |
|
|
sexual assault under Section 22.011, or aggravated sexual assault |
|
|
under Section 22.021; |
|
|
(ii) arson under Section 28.02; |
|
|
(iii) murder under Section 19.02, capital |
|
|
murder under Section 19.03, or criminal attempt under Section 15.01 |
|
|
to commit murder or capital murder; |
|
|
(iv) indecency with a child under Section |
|
|
21.11; |
|
|
(v) aggravated kidnapping under Section |
|
|
20.04; |
|
|
(vi) aggravated robbery under Section |
|
|
29.03; |
|
|
(vii) manslaughter under Section 19.04; |
|
|
(viii) criminally negligent homicide under |
|
|
Section 19.05; or |
|
|
(ix) continuous sexual abuse of young child |
|
|
or disabled individual under Section 21.02; |
|
|
(B) 13 [ten] years of age or older and under 17 |
|
|
years of age; or |
|
|
(C) 17 [(B) seventeen] years of age or older and |
|
|
under 18 years of age who is alleged or found to have engaged in |
|
|
delinquent conduct or conduct indicating a need for supervision as |
|
|
a result of acts committed before becoming 17 years of age. |
|
|
SECTION 2. Chapter 54, Family Code, is amended by adding |
|
|
Section 54.021 to read as follows: |
|
|
Sec. 54.021. WAIVER OF JURISDICTION FOR CHILD UNDER 13 |
|
|
YEARS OF AGE. (a) The juvenile court must, before holding an |
|
|
adjudication hearing, hold a hearing without a jury to determine |
|
|
whether to waive its exclusive original jurisdiction over a child |
|
|
under 13 years of age. |
|
|
(b) At a hearing under this section, the juvenile court |
|
|
shall consider whether: |
|
|
(1) less restrictive interventions by the child's |
|
|
parent, guardian, family, or school, or by child protective |
|
|
services or county family and youth services, are available and |
|
|
will be sufficient to ensure the safety of the public and of the |
|
|
child; |
|
|
(2) intervention by the court is warranted; and |
|
|
(3) it is in the best interest of the child for the |
|
|
court to intervene. |
|
|
(c) If the court elects not to waive its jurisdiction over a |
|
|
child in a hearing under this section, the court shall state the |
|
|
reasons for its decision in the order. |
|
|
(d) If the court elects to waive its jurisdiction over a |
|
|
child in a hearing under this section, the court shall dismiss all |
|
|
charges against the child. The court shall refer the child to the |
|
|
person who conducted the preliminary investigation of the child |
|
|
under Section 53.01 for a referral for services described by |
|
|
Subsection (b)(1), as appropriate. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
an offense committed or conduct that occurs on or after the |
|
|
effective date of this Act. An offense committed or conduct that |
|
|
occurred before that date is governed by the law in effect on the |
|
|
date the offense was committed or the conduct occurred, and the |
|
|
former law is continued in effect for that purpose. For purposes of |
|
|
this section, an offense was committed or conduct occurred before |
|
|
the effective date of this Act if any element of the offense or |
|
|
conduct occurred before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |