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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of juveniles who commit |
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certain felony offenses while committed to the custody of the Texas |
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Juvenile Justice Department and the waiver of jurisdiction and |
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discretionary transfer of a child from a juvenile court to a |
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criminal court; changing eligibility for community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.054, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) Article 42A.053 does not apply to a defendant if it is |
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shown that the defendant committed an offense punishable as a |
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felony when the defendant was: |
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(1) at least 17 years of age; |
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(2) committed to the Texas Juvenile Justice |
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Department; and |
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(3) confined in a secure facility operated under |
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Subtitle C, Title 12, Human Resources Code. |
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SECTION 2. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community supervision |
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under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Article 42A.551; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section 21.11, |
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22.011, or 22.021, Penal Code, if the victim of the offense was |
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younger than 14 years of age at the time the offense was committed; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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20A.03, 43.04, 43.05, or 43.25, Penal Code; |
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(7) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any of those subsections; [or] |
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(8) is convicted of an offense under Section 481.1123, |
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Health and Safety Code, if the offense is punishable under |
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Subsection (d), (e), or (f) of that section; or |
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(9) is convicted of an offense punishable as a felony |
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when the defendant was: |
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(A) at least 17 years of age; |
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(B) committed to the Texas Juvenile Justice |
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Department; and |
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(C) confined in a secure facility operated under |
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Subtitle C, Title 12, Human Resources Code. |
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SECTION 3. 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 4. Sections 54.02(a) and (j), Family Code, are |
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amended to read as follows: |
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(a) The juvenile court may waive its exclusive original |
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jurisdiction and transfer a child to the appropriate district court |
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or criminal district court for criminal proceedings if: |
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(1) the child is alleged to have violated a penal law |
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of the grade of felony; |
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(2) the child was: |
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(A) 14 years of age or older at the time the child |
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[he] is alleged to have committed the offense, if the offense is a |
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capital felony, an aggravated controlled substance felony, or a |
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felony of the first degree, and no adjudication hearing has been |
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conducted concerning that offense; or |
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(B) 15 years of age or older at the time the child |
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is alleged to have committed the offense, if the offense is a felony |
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of the second or third degree [or a state jail felony], and no |
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adjudication hearing has been conducted concerning that offense; |
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and |
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(3) after a full investigation and a hearing, the |
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juvenile court determines that there is probable cause to believe |
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that the child before the court committed the offense alleged and |
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that because of the seriousness of the offense alleged or the |
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background of the child the welfare of the community requires |
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criminal proceedings. |
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(j) The juvenile court may waive its exclusive original |
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jurisdiction and transfer a person to the appropriate district |
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court or criminal district court for criminal proceedings if: |
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(1) the person is 18 years of age or older; |
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(2) the person was: |
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(A) 10 years of age or older and under 17 years of |
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age at the time the person is alleged to have committed a capital |
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felony or an offense under Section 19.02, Penal Code; |
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(B) 14 years of age or older and under 17 years of |
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age at the time the person is alleged to have committed an |
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aggravated controlled substance felony or a felony of the first |
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degree other than an offense under Section 19.02, Penal Code; or |
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(C) 15 years of age or older and under 17 years of |
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age at the time the person is alleged to have committed a felony of |
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the second or third degree [or a state jail felony]; |
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(3) no adjudication concerning the alleged offense has |
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been made or no adjudication hearing concerning the offense has |
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been conducted; |
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(4) the juvenile court finds from a preponderance of |
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the evidence that: |
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(A) for a reason beyond the control of the state |
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it was not practicable to proceed in juvenile court before the 18th |
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birthday of the person; or |
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(B) after due diligence of the state it was not |
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practicable to proceed in juvenile court before the 18th birthday |
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of the person because: |
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(i) the state did not have probable cause to |
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proceed in juvenile court and new evidence has been found since the |
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18th birthday of the person; |
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(ii) the person could not be found; or |
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(iii) a previous transfer order was |
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reversed by an appellate court or set aside by a district court; and |
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(5) the juvenile court determines that there is |
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probable cause to believe that the child before the court committed |
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the offense alleged. |
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SECTION 5. The changes in law made by this Act to Articles |
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42A.054 and 42A.056, Code of Criminal Procedure, and Sections |
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53.045 and 54.02, Family Code, apply only to an offense committed or |
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conduct that occurs on or after the effective date of this Act. An |
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offense committed or conduct that occurred before that date is |
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governed by the law in effect on the date the offense was committed |
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or the conduct occurred, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed or conduct occurred before the effective date of this Act |
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if any element of the offense or conduct occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |
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* * * * * |