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A BILL TO BE ENTITLED
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AN ACT
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relating to the preliminary investigation conducted when a child is |
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referred to juvenile court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 53.01(a) and (b-1), Family Code, are |
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amended to read as follows: |
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(a) On referral of a person believed to be a child or on |
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referral of the person's case to the office or official designated |
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by the juvenile board, the intake officer, probation officer, or |
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other person authorized by the board shall forward the case to a |
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juvenile court to conduct a preliminary investigation to determine |
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whether: |
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(1) the person referred to juvenile court is a child |
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within the meaning of this title; and |
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(2) there is probable cause to believe the person: |
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(A) engaged in delinquent conduct or conduct |
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indicating a need for supervision; or |
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(B) is a nonoffender who has been taken into |
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custody and is being held solely for deportation out of the United |
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States. |
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(b-1) The juvenile court that [person who] is conducting the |
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preliminary investigation shall, as appropriate, refer the child's |
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case to a community resource coordination group, a local-level |
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interagency staffing group, or other community juvenile service |
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provider for services under Section 53.011, if the court [person] |
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determines that: |
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(1) the child is younger than 12 years of age; |
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(2) there is probable cause to believe the child |
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engaged in delinquent conduct or conduct indicating a need for |
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supervision; |
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(3) the child's case does not require referral to the |
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prosecuting attorney under Subsection (d) or (f); |
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(4) the child is eligible for deferred prosecution |
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under Section 53.03; and |
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(5) the child and the child's family are not currently |
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receiving services under Section 53.011 and would benefit from |
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receiving the services. |
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SECTION 2. Section 52.04(c), Family Code, is repealed. |
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SECTION 3. This Act takes effect September 1, 2025. |