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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain juvenile offenders to be |
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transferred to criminal court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 54.02(a) and (j), Family Code, are |
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amended to read as follows: |
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(a) The juvenile court may waive its exclusive original |
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jurisdiction and transfer a child to the appropriate district court |
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or criminal district court for criminal proceedings if: |
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(1) the child is alleged to have violated a penal law |
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of the grade of felony; |
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(2) the child was: |
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(A) 14 years of age or older at the time the child |
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[he] is alleged to have committed the offense, if the offense is a |
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capital felony, an aggravated controlled substance felony, or a |
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felony of the first degree, and no adjudication hearing has been |
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conducted concerning that offense; or |
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(B) 15 years of age or older at the time the child |
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is alleged to have committed the offense, if the offense is a felony |
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of the second [or third] degree [or a state jail felony], and no |
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adjudication hearing has been conducted concerning that offense; |
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and |
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(3) after a full investigation and a hearing, the |
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juvenile court determines that there is probable cause to believe |
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that the child before the court committed the offense alleged and |
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that because of the seriousness of the offense alleged or the |
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background of the child the welfare of the community requires |
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criminal proceedings. |
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(j) The juvenile court may waive its exclusive original |
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jurisdiction and transfer a person to the appropriate district |
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court or criminal district court for criminal proceedings if: |
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(1) the person is 18 years of age or older; |
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(2) the person was: |
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(A) 10 years of age or older and under 17 years of |
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age at the time the person is alleged to have committed a capital |
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felony or an offense under Section 19.02, Penal Code; |
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(B) 14 years of age or older and under 17 years of |
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age at the time the person is alleged to have committed an |
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aggravated controlled substance felony or a felony of the first |
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degree other than an offense under Section 19.02, Penal Code; or |
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(C) 15 years of age or older and under 17 years of |
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age at the time the person is alleged to have committed a felony of |
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the second [or third] degree [or a state jail felony]; |
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(3) no adjudication concerning the alleged offense has |
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been made or no adjudication hearing concerning the offense has |
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been conducted; |
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(4) the juvenile court finds from a preponderance of |
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the evidence that: |
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(A) for a reason beyond the control of the state |
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it was not practicable to proceed in juvenile court before the 18th |
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birthday of the person; or |
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(B) after due diligence of the state it was not |
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practicable to proceed in juvenile court before the 18th birthday |
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of the person because: |
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(i) the state did not have probable cause to |
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proceed in juvenile court and new evidence has been found since the |
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18th birthday of the person; |
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(ii) the person could not be found; or |
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(iii) a previous transfer order was |
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reversed by an appellate court or set aside by a district court; and |
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(5) the juvenile court determines that there is |
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probable cause to believe that the child before the court committed |
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the offense alleged. |
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SECTION 2. This Act applies only to conduct that occurs on |
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or after the effective date of this Act. Conduct that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the conduct occurred, and the former law is continued in |
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effect for that purpose. For the purposes of this section, conduct |
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occurred before the effective date of this Act if any element of the |
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conduct occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |