By: Whitmire  S.B. No. 2190
         (In the Senate - Filed April 7, 2021; April 12, 2021, read
  first time and referred to Committee on Criminal Justice;
  April 21, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 21, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2190 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the prosecution and detention of a juvenile who engages
  in delinquent conduct or commits a felony offense while committed
  to the custody of the Texas Juvenile Justice Department.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 53.045(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (e), the prosecuting
  attorney may refer the petition to the grand jury of the county in
  which the court in which the petition is filed presides if the
  petition alleges that the child engaged in delinquent conduct that:
               (1)  constitutes habitual felony conduct as described
  by Section 51.031;
               (2)  [or that] included the violation of any of the
  following provisions:
                     (A) [(1)]  Section 19.02, Penal Code (murder);
                     (B) [(2)]  Section 19.03, Penal Code (capital
  murder);
                     (C) [(3)]  Section 19.04, Penal Code
  (manslaughter);
                     (D) [(4)]  Section 20.04, Penal Code (aggravated
  kidnapping);
                     (E) [(5)]  Section 22.011, Penal Code (sexual
  assault) or Section 22.021, Penal Code (aggravated sexual assault);
                     (F) [(6)]  Section 22.02, Penal Code (aggravated
  assault);
                     (G) [(7)]  Section 29.03, Penal Code (aggravated
  robbery);
                     (H) [(8)]  Section 22.04, Penal Code (injury to a
  child, elderly individual, or disabled individual), if the offense
  is punishable as a felony, other than a state jail felony;
                     (I) [(9)]  Section 22.05(b), Penal Code (felony
  deadly conduct involving discharging a firearm);
                     (J) [(10)]  Subchapter D, Chapter 481, Health and
  Safety Code, if the conduct constitutes a felony of the first degree
  or an aggravated controlled substance felony (certain offenses
  involving controlled substances);
                     (K) [(11)]  Section 15.03, Penal Code (criminal
  solicitation);
                     (L) [(12)]  Section 21.11(a)(1), Penal Code
  (indecency with a child);
                     (M) [(13)]  Section 15.031, Penal Code (criminal
  solicitation of a minor);
                     (N) [(14)]  Section 15.01, Penal Code (criminal
  attempt), if the offense attempted was an offense under Section
  19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
  murder), or an offense listed by Article 42A.054(a), Code of
  Criminal Procedure;
                     (O) [(15)]  Section 28.02, Penal Code (arson), if
  bodily injury or death is suffered by any person by reason of the
  commission of the conduct;
                     (P) [(16)]  Section 49.08, Penal Code
  (intoxication manslaughter); or
                     (Q) [(17)]  Section 15.02, Penal Code (criminal
  conspiracy), if the offense made the subject of the criminal
  conspiracy includes a violation of any of the provisions referenced
  in Paragraphs (A) through (P); or
               (3)  constitutes a felony of the first, second, or
  third degree committed while the child was committed to the Texas
  Juvenile Justice Department [Subdivisions (1) through (16)].
         SECTION 2.  Section 245.101, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  Except as provided by Subsection (a-1), after [After] a
  child who is committed to the department without a determinate
  sentence completes the minimum length of stay established by the
  department for the child under Section 243.002, the department
  shall, in the manner provided by this section and Section 245.102:
               (1)  discharge the child from the custody of the
  department;
               (2)  release the child under supervision under Section
  245.051; or
               (3)  extend the length of the child's stay in the
  custody of the department.
         (a-1)  The department may not discharge a child from the
  custody of the department or release a child under supervision as
  provided by Subsection (a) if the child:
               (1)  is alleged by a pending petition to have engaged in
  delinquent conduct during the child's commitment to the department;
  or
               (2)  is under indictment for a felony committed during
  the child's commitment to the department.
         SECTION 3.  Section 245.102(a), Human Resources Code, is
  amended to read as follows:
         (a)  A panel may extend the length of the child's stay as
  provided by Section 245.101(a)(3) only if:
               (1)  the panel determines by majority vote and on the
  basis of clear and convincing evidence that:
                     (A) [(1)]  the child is in need of additional
  rehabilitation from the department; and
                     (B) [(2)]  the department will provide the most
  suitable environment for that rehabilitation; or
               (2)  the child:
                     (A)  is alleged by a pending petition to have
  engaged in delinquent conduct during the child's commitment to the
  department; or
                     (B)  is under indictment for a felony committed
  during the child's commitment to the department.
         SECTION 4.  This Act applies only to conduct that occurs or
  an offense committed on or after the effective date of this Act.
  Conduct that occurs or an offense committed before the effective
  date of this Act is governed by the law in effect on the date the
  conduct occurred or the offense was committed, and the former law is
  continued in effect for that purpose. For the purposes of this
  section, conduct occurred or an offense was committed before the
  effective date of this Act if any element of the conduct or offense
  occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2021.
 
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