88R5806 MCF-D
 
  By: Leach H.B. No. 2687
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the age at which a juvenile court may exercise
  jurisdiction over a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.02(2), Family Code, is amended to
  read as follows:
               (2)  "Child" means a person who is:
                     (A)  10 years of age or older and under 13 years of
  age who is alleged or found to have engaged in conduct that contains
  the elements of any of the following offenses under the Penal Code:
                           (i)  aggravated assault under Section 22.02,
  sexual assault under Section 22.011, or aggravated sexual assault
  under Section 22.021;
                           (ii)  arson under Section 28.02;
                           (iii)  murder under Section 19.02, capital
  murder under Section 19.03, or criminal attempt under Section 15.01
  to commit murder or capital murder;
                           (iv)  indecency with a child under Section
  21.11;
                           (v)  aggravated kidnapping under Section
  20.04;
                           (vi)  aggravated robbery under Section
  29.03;
                           (vii)  manslaughter under Section 19.04;
                           (viii)  criminally negligent homicide under
  Section 19.05; or
                           (ix)  continuous sexual abuse of young child
  or disabled individual under Section 21.02;
                     (B)  13 [ten] years of age or older and under 17
  years of age; or
                     (C)  17 [(B)  seventeen] years of age or older and
  under 18 years of age who is 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.
         SECTION 2.  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 must, 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)  less restrictive interventions by the child's
  parent, guardian, family, or school, or by child protective
  services or county family and youth services, are available and
  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 3.  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 4.  This Act takes effect September 1, 2023.