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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures related to juvenile justice proceedings and |
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to the treatment of children detained in or committed to a juvenile |
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facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.02, Family Code, is amended by adding |
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Subdivision (7-a) to read as follows: |
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(7-a) "Mitigating evidence" means evidence presented at |
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a proceeding under this title that: |
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(A) is used to assess the growth and maturity of a |
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child; and |
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(B) takes into consideration: |
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(i) the diminished culpability of |
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juveniles, as compared to that of adults; |
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(ii) the hallmark features of youth; and |
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(iii) the greater capacity of juveniles for |
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change, as compared to that of adults. |
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SECTION 2. Chapter 51, Family Code, is amended by adding |
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Sections 51.22, 51.23, and 51.24 to read as follows: |
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Sec. 51.22. USE OF CHEMICAL DISPENSING DEVICE IN JUVENILE |
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FACILITY PROHIBITED. (a) In this section: |
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(1) "Chemical dispensing device" means a device that |
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is designed, made, or adapted for the purpose of dispensing a |
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substance capable of causing an adverse psychological or |
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physiological effect on a human being. The term includes pepper |
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spray, capsicum spray, OC gas, and oleoresin capsicum. |
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(2) "Juvenile facility" has the meaning assigned by |
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Section 39.04, Penal Code. |
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(b) An employee, contractor, volunteer, intern, or service |
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provider working in a juvenile facility may not use a chemical |
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dispensing device against a child in the facility. |
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Sec. 51.23. ANNUAL USE OF FORCE AUDIT. (a) In this |
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section: |
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(1) "Chemical dispensing device" has the meaning |
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assigned by Section 51.22. |
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(2) "Department" means the Texas Juvenile Justice |
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Department. |
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(3) "Juvenile facility" has the meaning assigned by |
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Section 39.04, Penal Code. |
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(b) The department shall annually conduct an audit of use |
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of force incidents to identify patterns, deficiencies, or instances |
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of noncompliance with de-escalation protocols and the prohibition |
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on chemical dispensing devices in juvenile facilities. |
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(c) The administrator of a juvenile facility operated by or |
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under contract with a juvenile board or other local governmental |
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unit shall annually report to the department data regarding use of |
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force incidents in the facility. An administrator shall make the |
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report required by this subsection in a form and by a date |
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prescribed by the department. |
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(d) Not later than August 31 of each year, the department |
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shall deliver a report to the legislature regarding the findings of |
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the audit conducted under Subsection (b). |
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(e) The department shall timely post on the department's |
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Internet website the audit findings and aggregate data collected |
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during the audit. |
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Sec. 51.24. SOLITARY CONFINEMENT; REPORT. (a) In this |
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section: |
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(1) "Department" means the Texas Juvenile Justice |
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Department. |
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(2) "Juvenile facility" has the meaning assigned by |
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Section 39.04, Penal Code. |
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(3) "Solitary confinement" means, with respect to a |
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child in a juvenile facility, the involuntary separation of the |
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child from other children placed in the facility in an area or room |
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from which the child is prevented from leaving. The term does not |
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include the involuntary separation of the child for a medical |
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purpose. |
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(b) A juvenile facility may not place a child in solitary |
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confinement unless: |
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(1) the child poses an immediate risk of physical harm |
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to the child's self or another; |
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(2) placement in solitary confinement does not violate |
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principles of trauma-informed care and does not interfere with |
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de-escalation strategies; |
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(3) all other less restrictive methods of addressing |
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the immediate risk of physical harm have been exhausted; and |
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(4) the child is placed in solitary confinement for a |
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period that does not exceed the shortest period permitted for |
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placement of a child in solitary confinement by a state or federal |
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law, including an administrative rule. |
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(c) The administrator or superintendent of a juvenile |
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facility shall: |
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(1) create a report documenting each instance a child |
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in the facility is placed in solitary confinement and include in the |
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report: |
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(A) the reason for the placement; |
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(B) the duration of the placement; and |
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(C) any intervention attempted before the child |
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was placed in solitary confinement; and |
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(2) annually submit the report under Subdivision (1) |
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to the department. |
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(d) The department shall monitor and enforce compliance |
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with the requirements of this section by regularly auditing and |
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reviewing juvenile facility practices related to placing children |
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in solitary confinement. |
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SECTION 3. Section 54.02, Family Code, is amended by |
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amending Subsections (a), (d), (f), (h), (l), and (n) and adding |
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Subsections (d-1) and (d-2) 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: |
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(i) the offense is a violation of Section |
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19.02 or 22.011, Penal Code, or the petition for the offense alleges |
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that the child engaged in conduct that constitutes habitual felony |
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conduct as described by Section 51.031 of this code; [of the second |
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or third degree or a state jail felony,] and |
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(ii) no adjudication hearing has been |
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conducted concerning the [that] offense; 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 or engaged in |
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the conduct constituting habitual felony conduct alleged, as |
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applicable, and that because of the seriousness of the offense or |
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conduct alleged or the background of the child the welfare of the |
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community requires criminal proceedings. |
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(d) Prior to the hearing, the juvenile court shall admonish |
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the child in open court and in the presence of the child's attorney |
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regarding: |
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(1) the court's consideration of waiving its |
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jurisdiction over the child and transferring the child to criminal |
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court for criminal proceedings; and |
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(2) the child's right to participate or to decline to |
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participate in any diagnostic study, social evaluation, or |
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investigation ordered by the juvenile court under Subsection (d-1). |
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(d-1) After the admonishment under Subsection (d), the |
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juvenile court shall order [and obtain] a complete diagnostic |
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study, social evaluation, and full investigation of the child, the |
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child's [his] circumstances, and the circumstances of the alleged |
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offense and shall set the date of the transfer hearing. If the |
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child declines to participate in a study, evaluation, or |
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investigation, the child's attorney shall state the refusal to the |
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court in open court or in writing not later than the fifth business |
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day after the date the court ordered the study, evaluation, or |
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investigation. |
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(d-2) In a hearing under this section, a presumption exists |
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that it is in the best interest of the child and of justice that the |
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juvenile court retain jurisdiction over the child. The burden is on |
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the state to overcome this presumption. |
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(f) In making the determination required by Subsection (a) |
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of this section, the court shall consider, among other matters: |
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(1) whether the alleged offense was against person or |
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property, with greater weight in favor of transfer given to |
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offenses against the person; |
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(2) the sophistication and maturity of the child; |
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(3) the record and previous history of the child; |
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[and] |
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(4) the prospects of adequate protection of the public |
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and the likelihood of the rehabilitation of the child by use of |
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procedures, services, and facilities currently available to the |
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juvenile court; |
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(5) the substantive requirements for waiving |
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jurisdiction; |
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(6) relevant information ascertained in the full |
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investigation of the child; and |
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(7) the benefits or harm of retaining the child in the |
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juvenile justice system. |
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(h) If the juvenile court waives jurisdiction, it shall |
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state specifically in the order its reasons for waiver. The |
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statement of reasons must set forth a rational basis for the waiver |
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of jurisdiction, with sufficient specificity to permit meaningful |
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review, and must include case-specific findings of fact that do not |
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rely solely on the nature or seriousness of the offense. The court |
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shall [and] certify its action, including the written order and |
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findings of the court, and shall transfer the person to the |
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appropriate court for criminal proceedings and cause the results of |
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the diagnostic study of the person ordered under Subsection (d-1) |
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[(d)], including psychological information, to be transferred to |
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the appropriate criminal prosecutor. On transfer of the person for |
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criminal proceedings, the person shall be dealt with as an adult and |
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in accordance with the Code of Criminal Procedure, except that if |
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detention in a certified juvenile detention facility is authorized |
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under Section 152.0015, Human Resources Code, the juvenile court |
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may order the person to be detained in the facility pending trial or |
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until the criminal court enters an order under Article 4.19, Code of |
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Criminal Procedure. A transfer of custody made under this |
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subsection is an arrest. |
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(l) The juvenile court shall conduct a hearing without a |
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jury to consider waiver of jurisdiction under Subsection (j). |
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Except as otherwise provided by this subsection, a waiver of |
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jurisdiction under Subsection (j) may be made without the necessity |
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of conducting the diagnostic study [or complying with the |
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requirements of discretionary transfer proceedings] under |
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Subsection (d-1) [(d)]. If requested by the attorney for the person |
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at least 10 days before the transfer hearing, the court shall order |
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that the person be examined pursuant to Section 51.20(a) and that |
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the results of the examination be provided to the attorney for the |
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person and the attorney for the state at least five days before the |
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transfer hearing. |
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(n) A mandatory transfer under Subsection (m) may be made |
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without conducting the study required in discretionary transfer |
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proceedings by Subsection (d-1) [(d)]. The requirements of |
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Subsection (b) that the summons state that the purpose of the |
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hearing is to consider discretionary transfer to criminal court |
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does not apply to a transfer proceeding under Subsection (m). In a |
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proceeding under Subsection (m), it is sufficient that the summons |
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provide fair notice that the purpose of the hearing is to consider |
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mandatory transfer to criminal court. |
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SECTION 4. Section 54.04, Family Code, is amended by |
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amending Subsection (d) and adding Subsection (s) to read as |
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follows: |
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(d) If the court or jury makes the finding specified in |
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Subsection (c) allowing the court to make a disposition in the case: |
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(1) the court or jury may, in addition to any order |
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required or authorized under Section 54.041 or 54.042, place the |
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child on probation on such reasonable and lawful terms as the court |
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may determine: |
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(A) in the child's own home or in the custody of a |
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relative or other fit person; or |
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(B) subject to the finding under Subsection (c) |
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on the placement of the child outside the child's home, in: |
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(i) a suitable foster home; |
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(ii) a suitable public or private |
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residential treatment facility licensed by a state governmental |
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entity or exempted from licensure by state law, except a facility |
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operated by the Texas Juvenile Justice Department; or |
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(iii) a suitable public or private |
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post-adjudication secure correctional facility that meets the |
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requirements of Section 51.125, except a facility operated by the |
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Texas Juvenile Justice Department; |
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(2) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that constitutes serious felony conduct [violates a penal law of |
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this state or the United States of the grade of felony], the court |
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or jury made a special commitment finding under Section 54.04013, |
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and the petition was not approved by the grand jury under Section |
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53.045, the court may commit the child to the Texas Juvenile Justice |
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Department under Section 54.04013[, or a post-adjudication secure |
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correctional facility under Section 54.04011(c)(1), as |
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applicable,] without a determinate sentence; |
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(3) if the court or jury found at the conclusion of the |
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adjudication hearing that the child engaged in delinquent conduct |
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that included a violation of a penal law listed in Section 53.045(a) |
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and if the petition was approved by the grand jury under Section |
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53.045, the court or jury may sentence the child to commitment in |
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the Texas Juvenile Justice Department [or a post-adjudication |
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secure correctional facility under Section 54.04011(c)(2)] with a |
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possible transfer to the Texas Department of Criminal Justice for a |
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term of: |
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(A) not more than 40 years if the conduct |
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constitutes: |
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(i) a capital felony; |
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(ii) a felony of the first degree; or |
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(iii) an aggravated controlled substance |
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felony; |
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(B) not more than 20 years if the conduct |
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constitutes a felony of the second degree; or |
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(C) not more than 10 years if the conduct |
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constitutes a felony of the third degree; |
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(4) the court may assign the child an appropriate |
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sanction level and sanctions as provided by the assignment |
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guidelines in Section 59.003; |
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(5) the court may place the child in a suitable |
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nonsecure correctional facility that is registered and meets the |
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applicable standards for the facility as provided by Section |
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51.126; or |
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(6) if applicable, the court or jury may make a |
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disposition under Subsection (m) [or Section 54.04011(c)(2)(A)]. |
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(s) In this section, "serious felony conduct" means |
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conduct: |
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(1) that constitutes an offense under any of the |
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following provisions of the Penal Code: |
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(A) Section 19.02 (murder); |
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(B) Section 19.03 (capital murder); |
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(C) Section 20.03 (kidnapping); |
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(D) Section 20.04 (aggravated kidnapping); |
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(E) Section 20A.03 (continuous trafficking of |
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persons); |
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(F) Section 21.02 (continuous sexual abuse of |
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young child or disabled individual); |
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(G) Section 21.11 (indecency with a child); |
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(H) Section 22.011 (sexual assault); |
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(I) Section 22.02 (aggravated assault); |
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(J) Section 22.021 (aggravated sexual assault); |
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(K) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); or |
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(L) Section 29.03 (aggravated robbery); |
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(2) for which it is shown that a deadly weapon, as |
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defined by Section 1.07, Penal Code, was used or exhibited during |
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the commission of the conduct or during immediate flight from the |
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commission of the conduct; or |
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(3) that constitutes habitual felony conduct as |
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described by Section 51.031. |
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SECTION 5. Section 54.04013, Family Code, is amended to |
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read as follows: |
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Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE |
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DEPARTMENT. (a) Notwithstanding any other provision of this code, |
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after a disposition hearing held in accordance with Section 54.04 |
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or a hearing to modify a disposition held in accordance with Section |
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54.05, the juvenile court may commit a child who is found to have |
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engaged in delinquent conduct that constitutes serious felony |
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conduct, as defined by Section 54.04, [a felony offense] to the |
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Texas Juvenile Justice Department without a determinate sentence if |
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the court makes a special commitment finding that the child has |
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behavioral health or other special needs that cannot be met with the |
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resources available in the community. The court should consider |
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the findings of a validated risk and needs assessment and the |
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findings of any other appropriate professional assessment |
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available to the court. |
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(b) In making a special commitment finding under Subsection |
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(a), the court may consider mitigating evidence of the child's |
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circumstances. |
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SECTION 6. Sections 54.05(f) and (j), Family Code, are |
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amended to read as follows: |
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(f) Except as provided by Subsection (j), a disposition |
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based on a finding that the child engaged in delinquent conduct that |
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violates a penal law of this state or the United States of the grade |
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of felony may be modified so as to commit the child to the Texas |
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Juvenile Justice Department [or, if applicable, a |
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post-adjudication secure correctional facility operated under |
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Section 152.0016, Human Resources Code,] if the court after a |
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hearing to modify disposition finds by a preponderance of the |
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evidence that the child violated a reasonable and lawful order of |
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the court and makes a special commitment finding under Section |
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54.04013. A disposition based on a finding that the child engaged |
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in habitual felony conduct as described by Section 51.031 or in |
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delinquent conduct that included a violation of a penal law listed |
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in Section 53.045(a) may be modified to commit the child to the |
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Texas Juvenile Justice Department [or, if applicable, a |
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post-adjudication secure correctional facility operated under |
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Section 152.0016, Human Resources Code,] with a possible transfer |
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to the Texas Department of Criminal Justice for a definite term |
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prescribed by[, as applicable,] Section 54.04(d)(3) [or Section |
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152.0016(g), Human Resources Code,] if the original petition was |
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approved by the grand jury under Section 53.045 and if after a |
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hearing to modify the disposition the court finds that the child |
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violated a reasonable and lawful order of the court. |
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(j) If, after conducting a hearing to modify disposition |
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without a jury, the court finds by a preponderance of the evidence |
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that a child violated a reasonable and lawful condition of |
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probation ordered under Section 54.04(q), the court may modify the |
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disposition to commit the child to the Texas Juvenile Justice |
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Department under Section 54.04(d)(3) [or, if applicable, a |
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post-adjudication secure correctional facility operated under |
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Section 152.0016, Human Resources Code,] for a term that does not |
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exceed the original sentence assessed by the court or jury. |
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SECTION 7. Not later than 180 days after the effective date |
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of this Act, the Texas Juvenile Justice Board shall adopt rules |
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necessary to implement Sections 51.22, 51.23, and 51.24, Family |
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Code, as added by this Act. |
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SECTION 8. Sections 54.02 and 54.04, Family Code, as |
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amended by this Act, apply only to conduct that occurs on or after |
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the effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect when the |
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conduct occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, conduct occurs before the |
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effective date of this Act if any element of the conduct occurs |
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before the effective date. |
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SECTION 9. Sections 54.04013 and 54.05, Family Code, as |
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amended by this Act, apply only to a hearing that occurs on or after |
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the effective date of this Act. A hearing that occurs before the |
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effective date of this Act is governed by the law in effect at the |
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time the hearing occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 10. This Act takes effect September 1, 2025. |