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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and detention of a juvenile who engages |
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in delinquent conduct or commits a felony offense while committed |
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to the custody of the Texas Juvenile Justice Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.045(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (e), the prosecuting |
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attorney may refer the petition to the grand jury of the county in |
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which the court in which the petition is filed presides if the |
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petition alleges that the child engaged in delinquent conduct that: |
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(1) constitutes habitual felony conduct as described |
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by Section 51.031; |
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(2) [or that] included the violation of any of the |
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following provisions: |
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(A) [(1)] Section 19.02, Penal Code (murder); |
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(B) [(2)] Section 19.03, Penal Code (capital |
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murder); |
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(C) [(3)] Section 19.04, Penal Code |
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(manslaughter); |
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(D) [(4)] Section 20.04, Penal Code (aggravated |
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kidnapping); |
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(E) [(5)] Section 22.011, Penal Code (sexual |
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assault) or Section 22.021, Penal Code (aggravated sexual assault); |
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(F) [(6)] Section 22.02, Penal Code (aggravated |
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assault); |
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(G) [(7)] Section 29.03, Penal Code (aggravated |
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robbery); |
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(H) [(8)] Section 22.04, Penal Code (injury to a |
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child, elderly individual, or disabled individual), if the offense |
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is punishable as a felony, other than a state jail felony; |
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(I) [(9)] Section 22.05(b), Penal Code (felony |
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deadly conduct involving discharging a firearm); |
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(J) [(10)] Subchapter D, Chapter 481, Health and |
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Safety Code, if the conduct constitutes a felony of the first degree |
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or an aggravated controlled substance felony (certain offenses |
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involving controlled substances); |
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(K) [(11)] Section 15.03, Penal Code (criminal |
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solicitation); |
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(L) [(12)] Section 21.11(a)(1), Penal Code |
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(indecency with a child); |
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(M) [(13)] Section 15.031, Penal Code (criminal |
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solicitation of a minor); |
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(N) [(14)] Section 15.01, Penal Code (criminal |
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attempt), if the offense attempted was an offense under Section |
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19.02, Penal Code (murder), or Section 19.03, Penal Code (capital |
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murder), or an offense listed by Article 42A.054(a), Code of |
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Criminal Procedure; |
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(O) [(15)] Section 28.02, Penal Code (arson), if |
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bodily injury or death is suffered by any person by reason of the |
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commission of the conduct; |
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(P) [(16)] Section 49.08, Penal Code |
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(intoxication manslaughter); or |
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(Q) [(17)] Section 15.02, Penal Code (criminal |
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conspiracy), if the offense made the subject of the criminal |
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conspiracy includes a violation of any of the provisions referenced |
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in Paragraphs (A) through (P); or |
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(3) constitutes a felony of the first, second, or |
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third degree committed while the child was committed to the Texas |
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Juvenile Justice Department [Subdivisions (1) through (16)]. |
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SECTION 2. Section 245.101, Human Resources Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), after [After] a |
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child who is committed to the department without a determinate |
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sentence completes the minimum length of stay established by the |
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department for the child under Section 243.002, the department |
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shall, in the manner provided by this section and Section 245.102: |
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(1) discharge the child from the custody of the |
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department; |
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(2) release the child under supervision under Section |
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245.051; or |
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(3) extend the length of the child's stay in the |
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custody of the department. |
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(a-1) The department may not discharge a child from the |
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custody of the department or release a child under supervision as |
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provided by Subsection (a) if the child: |
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(1) is alleged by a pending petition to have engaged in |
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delinquent conduct during the child's commitment to the department; |
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or |
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(2) is under indictment for a felony committed during |
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the child's commitment to the department. |
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SECTION 3. Section 245.102(a), Human Resources Code, is |
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amended to read as follows: |
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(a) A panel may extend the length of the child's stay as |
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provided by Section 245.101(a)(3) only if: |
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(1) the panel determines by majority vote and on the |
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basis of clear and convincing evidence that: |
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(A) [(1)] the child is in need of additional |
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rehabilitation from the department; and |
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(B) [(2)] the department will provide the most |
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suitable environment for that rehabilitation; or |
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(2) the child: |
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(A) is alleged by a pending petition to have |
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engaged in delinquent conduct during the child's commitment to the |
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department; or |
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(B) is under indictment for a felony committed |
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during the child's commitment to the department. |
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SECTION 4. This Act applies only to conduct that occurs or |
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an offense committed on or after the effective date of this Act. |
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Conduct that occurs or an offense committed before the effective |
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date of this Act is governed by the law in effect on the date the |
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conduct occurred or the offense was committed, and the former law is |
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continued in effect for that purpose. For the purposes of this |
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section, conduct occurred or an offense was committed before the |
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effective date of this Act if any element of the conduct or offense |
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occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |