2025S0124-1 02/21/25

By: Cook H.B. No. 3360

A BILL TO BE ENTITLED

AN ACT

relating to the protection 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; changing the eligibility for community supervision; redefining habitual felony conduct.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Article 42A, Code of Criminal Procedure, is amended by adding Article 42A.061 to read as follows:

Art. 42A.061. PLACEMENT ON COMMUNITY SUPERVISION PROHIBITED FOR CERTAIN OFFENSES. Notwithstanding any other provision of this chapter, a defendant is not eligible for community supervision under this chapter, including deferred adjudication community supervision, if the defendant is charged with or convicted of a felony allegedly committed when the defendant was at least 17 years of age and while the defendant was:

(1) committed to the Texas Juvenile Justice Department;

(2) residing in a halfway house operated by or under contract with the Texas Juvenile Justice Department; or

(3) placed in a secure correctional facility or secure detention facility as defined by Section 51.02, Family Code.

SECTION 2. Section 51.031(a), Family Code, is amended to read as follows:

(a) Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:

(1) the child who engaged in the conduct has at least one [two] previous final adjudication [adjudications] as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(2) [the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and]

[(3)] all appeals relating to the previous adjudication [adjudications] considered under Subdivision (1) [Subdivisions (1) and (2)] have been exhausted.

SECTION 3. 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, was residing in a halfway house operated by or under contract with the Texas Juvenile Justice Department, or was placed in a secure correctional facility or secure detention facility as defined by Section 51.02, Family Code [Subdivisions (1) through (16)].

SECTION 4. Section 54.05, Family Code, is amended by amending Subsection (j) and adding Subsections (k) and (k-1) to read as follows:

(j) If, after conducting a hearing to modify disposition without a jury, the court finds by a preponderance of the evidence that a child violated a reasonable and lawful condition of probation ordered under Section 54.04(q), the court may:

(1) modify the disposition to commit the child to the Texas Juvenile Justice Department under Section 54.04(d)(3) [or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code,] for a term that does not exceed the original sentence assessed by the court or jury; or

(2) if the court finds the violation occurred on or after the child's 18th birthday, in accordance with Subsection (k), modify the disposition to transfer the child to the Texas Department of Criminal Justice for a term that does not exceed the original sentence assessed by the court or jury; or

(3) if the court finds the violation occurred on or after the child's 18th birthday, transfer the child to an appropriate district court. If the court orders such a transfer, the provisions of Section 54.051 apply except that the date of transfer may be before the child's 19th birthday.

(k) In imposing a disposition described by Subsection (j)(2), the court may consider the experiences and character of the person before and after disposition to probation, the nature of the penal offense that the person was found to have committed and the manner in which the offense was committed, the ability of the person to contribute to society, the protection of the victim of the offense or any member of the victim's family, the recommendations of the juvenile probation department and prosecuting attorney, the best interests of the person, and any other factor relevant to the issue to be decided.

(k-1) A hearing conducted to consider the disposition described by Subsection (j)(2) must be recorded by a court reporter or by audio or video tape recording, and the record of the hearing must be retained by the court for at least two years after the date of the court's order in the hearing.

SECTION 5. Section 54.051 Family Code, is amended by amending Subsections (b), (d), (f), and (i) and adding Subsection (f-1) to read as follows:

(b) The hearing must be conducted before the person's 19th birthday[, or before the person's 18th birthday if the offense for which the person was placed on probation occurred before September 1, 2011,] and must be conducted in the same manner as a hearing to modify disposition under Section 54.05.

(d) If, after a hearing, the court determines to transfer the child, the court shall transfer the child to an appropriate district court on the child's 19th birthday, unless the transfer is ordered under Subsection (f-1).

(f) The juvenile court may transfer a child to an appropriate district court as provided by this section without a showing that the child violated a condition of probation ordered under Section 54.04(q). Any alleged violations of a condition of probation that were known to the juvenile court before the transfer may not be addressed by the district court except as provided by Subsection (f-1).

(f-1) If the motion filed under Subsection (a) includes an allegation that the person violated a condition of probation ordered under Section 54.04(q) when the person was age 18 or older, the juvenile court, after providing notice and an opportunity to be heard, may:

(1) upon a finding of probable cause to believe the person violated a condition of probation, immediately transfer the case to the appropriate district court, which will have jurisdiction to address any probation violations; or

(2) retain the jurisdiction of the case.

(i) If the juvenile court exercises jurisdiction over a person who is [18 or] 19 years of age or older[, as applicable,] under Section 51.041 or 51.0412, the court or jury may, if the person is otherwise eligible, place the person on probation under Section 54.04(q). The juvenile court shall set the conditions of probation and immediately transfer supervision of the person to the appropriate court exercising criminal jurisdiction under Subsection (e).

SECTION 6. Section 54.052, Family Code, is amended to read as follows:

Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only to a child who is committed to[:

[(1)] the Texas Juvenile Justice Department under a determinate sentence under Section 54.04(d)(3) or (m) or Section 54.05(f)[; or

[(2) a post-adjudication secure correctional facility under a determinate sentence under Section 54.04011(c)(2)].

(b) The judge of the court in which a child is adjudicated shall give the child credit on the child's sentence for the time spent by the child, in connection with the conduct for which the child was adjudicated, in a secure detention facility before the child's transfer to a Texas Juvenile Justice Department facility. The judge may not order credit for any other time [or a post-adjudication secure correctional facility, as applicable].

(c) If a child appeals the child's adjudication or disposition and is retained in a secure detention facility pending the appeal, the judge of the court in which the child was adjudicated shall give the child credit on the child's sentence for the time spent by the child in a secure detention facility pending disposition of the child's appeal. The court shall endorse on both the commitment and the mandate from the appellate court all credit given the child under this subsection.

(d) The Texas Juvenile Justice Department [or the juvenile board or local juvenile probation department operating or contracting for the operation of the post-adjudication secure correctional facility under Section 152.0016, Human Resources Code, as applicable,] shall grant any credit under this section in computing the child's eligibility for [parole and] discharge for completion of the sentence. Credit may not be given toward computing the completion of the minimum period of confinement assigned under Section 245.051, Human Resources Code.

SECTION 7. Subchapter E, Chapter 41, Government Code, is amended by adding Section 41.3021 to read as follows:

Sec. 41.3021. ADDITIONAL FUNCTION OF SPECIAL PROSECUTION UNIT WITH REGARD TO TEXAS JUVENILE JUSTICE DEPARTMENT. (a) At the request of the Texas Juvenile Justice Department, the unit may participate in a hearing regarding the possible return to an institution of a youth who has been released under supervision and alleged to have violated the terms of the conditions of that release, as authorized under Section 245.051(f), Human Resources Code.

(b) The unit may serve in any role in the hearing other than defense attorney, as agreed between the unit and the Texas Juvenile Justice Department.

SECTION 8. Section 244.014(a), Human Resources Code, is amended to read as follows:

(a) After a child sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 15 [16] years of age but before the child becomes 19 years of age, the department may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:

(1) the child has not completed the sentence; and

(2) the child's conduct, regardless of whether the child was released under supervision under Section 245.051, indicates that the welfare of the community requires the transfer.

SECTION 9. Section 245.102, Human Resources Code, is amended by amending Subsection (a) and adding Subsection (a-1) 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 the panel determines by majority vote and on the basis of a preponderance of the [clear and convincing] evidence that:

(1) the child is in need of additional rehabilitation from the department; and

(2) the department will provide the most suitable environment for that rehabilitation.

(a-1) The department shall extend the length of the child's stay in the custody of the department 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 10. Section 245.151, Human Resources Code, is amended by adding Subsections (f) and (g) to read as follows:

(f) Except as provided by Subsection (g), the department may not discharge a child committed to the department if the child:

(1) is alleged by a pending petition to have engaged in delinquent conduct constituting a felony that occurred while the child was committed to the department; or

(2) is under indictment for a felony allegedly committed while the child was committed to the department.

(g) The department may discharge a child to whom Subsection (f) applies if the child has been sentenced to or transferred to the Texas Department of Criminal Justice.

SECTION 11. Section 38.112(a), Penal Code, is amended to read as follows:

(a) A person who is required to submit to electronic monitoring of the person's location as part of an electronic monitoring program under Article 42.035, Code of Criminal Procedure, or as a condition of community supervision, juvenile probation, Texas Juvenile Justice Department release under supervision, Texas Juvenile Justice Department placement at a halfway house, parole, mandatory supervision, or release on bail commits an offense if the person knowingly removes or disables, or causes or conspires or cooperates with another person to remove or disable, a tracking device that the person is required to wear to enable the electronic monitoring of the person's location.

SECTION 12. Section 51.031(c), Family Code, is repealed.

SECTION 13. 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 14. This Act takes effect September 1, 2025.