By: White, Wu, et al. H.B. No. 1783
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the age of a child at which a juvenile court may
  exercise jurisdiction over the child and to the minimum age of
  criminal responsibility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 45.058(h), Code of Criminal Procedure,
  is amended to read as follows:
         (h)  In this article, "child" means a person who is:
               (1)  at least 13 [10] years of age and younger than 17
  years of age; and
               (2)  charged with or convicted of an offense that a
  justice or municipal court has jurisdiction of under Article 4.11
  or 4.14.
         SECTION 2.  Section 37.141(1), Education Code, is amended to
  read as follows:
               (1)  "Child" means a person who is:
                     (A)  a student; and
                     (B)  at least 13 [10] years of age and younger than
  18 years of age.
         SECTION 3.  Section 51.02(2), Family Code, is amended to
  read as follows:
               (2)  "Child" means a person who is:
                     (A)  10 [ten] years of age or older and under 17
  years of age; or
                     (B)  17 [seventeen] years of age or older and
  under 19 [18] years of age who is:
                           (i)  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; and
                           (ii)  under the jurisdiction of a juvenile
  court.
         SECTION 4.  Section 54.02(j), Family Code, is amended to
  read as follows:
         (j)  The juvenile court may waive its exclusive original
  jurisdiction and transfer a person to the appropriate district
  court or criminal district court for criminal proceedings if:
               (1)  the person is 18 years of age or older;
               (2)  the person was:
                     (A)  13 [10] years of age or older and under 17
  years of age at the time the person is alleged to have committed a
  capital felony or an offense under Section 19.02, Penal Code;
                     (B)  14 years of age or older and under 17 years of
  age at the time the person is alleged to have committed an
  aggravated controlled substance felony or a felony of the first
  degree other than an offense under Section 19.02, Penal Code; or
                     (C)  15 years of age or older and under 17 years of
  age at the time the person is alleged to have committed a felony of
  the second or third degree or a state jail felony;
               (3)  no adjudication concerning the alleged offense has
  been made or no adjudication hearing concerning the offense has
  been conducted;
               (4)  the juvenile court finds from a preponderance of
  the evidence that:
                     (A)  for a reason beyond the control of the state
  it was not practicable to proceed in juvenile court before the 18th
  birthday of the person; or
                     (B)  after due diligence of the state it was not
  practicable to proceed in juvenile court before the 18th birthday
  of the person because:
                           (i)  the state did not have probable cause to
  proceed in juvenile court and new evidence has been found since the
  18th birthday of the person;
                           (ii)  the person could not be found; or
                           (iii)  a previous transfer order was
  reversed by an appellate court or set aside by a district court; and
               (5)  the juvenile court determines that there is
  probable cause to believe that the child before the court committed
  the offense alleged.
         SECTION 5.  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 shall, 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)  normal interventions by the child's parent,
  guardian, family, or school, or by child protective services or
  county family and youth services, 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 6.  Section 201.001(a)(2), Human Resources Code, is
  amended to read as follows:
               (2)  "Child" means an individual[:
                     [(A)]  10 years of age or older and younger than 19 
  [18] years of age who is under the jurisdiction of a juvenile
  court[; or
                     [(B)  10 years of age or older and younger than 19
  years of age who is committed to the department under Title 3,
  Family Code].
         SECTION 7.  Sections 8.07(d) and (e), Penal Code, are
  amended to read as follows:
         (d)  Notwithstanding Subsection (a), a person may not be
  prosecuted for or convicted of an offense described by Subsection
  (a)(4) or (5) that the person committed when younger than 13 [10]
  years of age.
         (e)  A person who is at least 13 [10] years of age but younger
  than 15 years of age is presumed incapable of committing an offense
  described by Subsection (a)(4) or (5), other than an offense under a
  juvenile curfew ordinance or order. This presumption may be
  refuted if the prosecution proves to the court by a preponderance of
  the evidence that the actor had sufficient capacity to understand
  that the conduct engaged in was wrong at the time the conduct was
  engaged in. The prosecution is not required to prove that the actor
  at the time of engaging in the conduct knew that the act was a
  criminal offense or knew the legal consequences of the offense.
         SECTION 8.  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 9.  This Act takes effect September 1, 2021.