88R977 ADM-F
 
  By: Wu H.B. No. 507
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the waiver of jurisdiction and the discretionary
  transfer of a child from a juvenile court to a criminal court.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.02, Family Code, is amended by
  amending Subsections (d), (f), (h), (l), and (n) and adding
  Subsections (d-1) and (d-2) to read as follows:
         (d)  Prior to the hearing, the juvenile court shall admonish
  the child in open court and in the presence of the child's attorney
  regarding:
               (1)  the court's consideration of waiving its
  jurisdiction over the child and transferring the child to criminal
  court for criminal proceedings; and
               (2)  the child's right to participate or to decline to
  participate in any diagnostic study, social evaluation, or
  investigation ordered by the juvenile court under Subsection (d-1).
         (d-1)  After the admonishment under Subsection (d), the
  juvenile court shall order [and obtain] a complete diagnostic
  study, social evaluation, and full investigation of the child, the
  child's [his] circumstances, and the circumstances of the alleged
  offense and shall set the date of the transfer hearing. If the
  child declines to participate in a study, evaluation, or
  investigation, the child's attorney shall state the refusal to the
  court in open court or in writing not later than the fifth business
  day after the date the court ordered the study, evaluation, or
  investigation.
         (d-2)  In a hearing under this section, a presumption exists
  that it is in the best interest of the child and of justice that the
  juvenile court retain jurisdiction over the child. The burden is on
  the state to overcome this presumption.
         (f)  In making the determination required by Subsection (a)
  of this section, the court shall consider, among other matters:
               (1)  whether the alleged offense was against person or
  property, with greater weight in favor of transfer given to
  offenses against the person;
               (2)  the sophistication and maturity of the child;
               (3)  the record and previous history of the child;
  [and]
               (4)  the prospects of adequate protection of the public
  and the likelihood of the rehabilitation of the child by use of
  procedures, services, and facilities currently available to the
  juvenile court;
               (5)  the substantive requirements for waiving
  jurisdiction;
               (6)  relevant information ascertained in the full
  investigation of the child; and
               (7)  the benefits or harm of retaining the child in the
  juvenile justice system.
         (h)  If the juvenile court waives jurisdiction, it shall
  state specifically in the order its reasons for waiver. The
  statement of reasons must set forth a rational basis for the waiver
  of jurisdiction, with sufficient specificity to permit meaningful
  review, and must include case-specific findings of fact that do not
  rely solely on the nature or seriousness of the offense. The court
  shall [and] certify its action, including the written order and
  findings of the court, and shall transfer the person to the
  appropriate court for criminal proceedings and cause the results of
  the diagnostic study of the person ordered under Subsection (d-1)
  [(d)], including psychological information, to be transferred to
  the appropriate criminal prosecutor. On transfer of the person for
  criminal proceedings, the person shall be dealt with as an adult and
  in accordance with the Code of Criminal Procedure, except that if
  detention in a certified juvenile detention facility is authorized
  under Section 152.0015, Human Resources Code, the juvenile court
  may order the person to be detained in the facility pending trial or
  until the criminal court enters an order under Article 4.19, Code of
  Criminal Procedure. A transfer of custody made under this
  subsection is an arrest.
         (l)  The juvenile court shall conduct a hearing without a
  jury to consider waiver of jurisdiction under Subsection (j).
  Except as otherwise provided by this subsection, a waiver of
  jurisdiction under Subsection (j) may be made without the necessity
  of conducting the diagnostic study [or complying with the
  requirements of discretionary transfer proceedings] under
  Subsection (d-1) [(d)]. If requested by the attorney for the person
  at least 10 days before the transfer hearing, the court shall order
  that the person be examined pursuant to Section 51.20(a) and that
  the results of the examination be provided to the attorney for the
  person and the attorney for the state at least five days before the
  transfer hearing.
         (n)  A mandatory transfer under Subsection (m) may be made
  without conducting the study required in discretionary transfer
  proceedings by Subsection (d-1) [(d)]. The requirements of
  Subsection (b) that the summons state that the purpose of the
  hearing is to consider discretionary transfer to criminal court
  does not apply to a transfer proceeding under Subsection (m). In a
  proceeding under Subsection (m), it is sufficient that the summons
  provide fair notice that the purpose of the hearing is to consider
  mandatory transfer to criminal court.
         SECTION 2.  Section 54.02, Family Code, as amended by this
  Act, applies only to conduct violating a penal law that occurs on or
  after the effective date of this Act. Conduct violating a penal law
  that occurs before the effective date of this Act is governed by the
  law in effect when the conduct occurred, and the former law is
  continued in effect for that purpose. For purposes of this section,
  conduct occurs before the effective date of this Act if any element
  of the conduct occurs before the effective date.
         SECTION 3.  This Act takes effect September 1, 2023.