Bill Text: TX HB1364 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the age of a child at which a juvenile court may exercise jurisdiction over the child and to the minimum age of criminal responsibility.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-04-23 - Received from the House [HB1364 Detail]
Download: Texas-2019-HB1364-Comm_Sub.html
Bill Title: Relating to the age of a child at which a juvenile court may exercise jurisdiction over the child and to the minimum age of criminal responsibility.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-04-23 - Received from the House [HB1364 Detail]
Download: Texas-2019-HB1364-Comm_Sub.html
86R18198 ADM-D | |||
By: Wu | H.B. No. 1364 | ||
Substitute the following for H.B. No. 1364: | |||
By: Dutton | C.S.H.B. No. 1364 |
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relating to the age of a child at which a juvenile court may | ||
exercise jurisdiction over the child and to the minimum age of | ||
criminal responsibility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.058(h), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(h) In this article, "child" means a person who is: | ||
(1) at least 12 [ |
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years of age; and | ||
(2) charged with or convicted of an offense that a | ||
justice or municipal court has jurisdiction of under Article 4.11 | ||
or 4.14. | ||
SECTION 2. Section 37.141(1), Education Code, is amended to | ||
read as follows: | ||
(1) "Child" means a person who is: | ||
(A) a student; and | ||
(B) at least 12 [ |
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18 years of age. | ||
SECTION 3. Section 51.02(2), Family Code, is amended to | ||
read as follows: | ||
(2) "Child" means a person who is: | ||
(A) 10 [ |
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[ |
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that violates a penal law of the grade of felony of the second | ||
degree or higher as a result of acts committed before becoming 12 | ||
years of age; or | ||
(B) 12 [ |
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under 19 [ |
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delinquent conduct or conduct indicating a need for supervision as | ||
a result of acts committed after becoming 12 years of age and before | ||
becoming 17 years of age. | ||
SECTION 4. Section 52.02, Family Code, is amended by adding | ||
Subsection (e) to read as follows: | ||
(e) A child younger than 12 years of age must be released | ||
from custody in accordance with Subsection (a)(1) unless the child | ||
poses an immediate threat to public safety or to the child's own | ||
safety. | ||
SECTION 5. Chapter 54, Family Code, is amended by adding | ||
Section 54.015 to read as follows: | ||
Sec. 54.015. JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN | ||
12 YEARS OF AGE. (a) A court shall hold a jurisdictional hearing | ||
without a jury to determine whether to retain jurisdiction over a | ||
child younger than 12 years of age. | ||
(b) A hearing under this section must be held: | ||
(1) if the child was not released under Section 53.02, | ||
immediately before considering whether to release the child at the | ||
detention hearing under Section 54.01; or | ||
(2) if the child was not detained and the requirements | ||
of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied, | ||
immediately before the hearing on the petition. | ||
(c) At a hearing under this section, the court must | ||
determine whether to retain jurisdiction over the child by | ||
considering whether: | ||
(1) probable cause exists to believe that the child | ||
engaged in conduct that violates a penal law of the grade of felony | ||
of the second degree or higher; | ||
(2) normal interventions by child protective services | ||
or the child's school will be sufficient to ensure the safety of the | ||
public and of the child; | ||
(3) intervention by the court is warranted; and | ||
(4) it is in the best interest of the child for the | ||
court to intervene. | ||
(d) If the court retains jurisdiction over a child under | ||
this section, the court may proceed with the detention hearing | ||
under Section 54.01 or an adjudication hearing under Section 54.03, | ||
as applicable. | ||
(e) If the court waives jurisdiction over the child, the | ||
court shall immediately dismiss the child and the charges against | ||
the child. A waiver under this section is a waiver of jurisdiction | ||
over the child only for the dismissed charges. | ||
SECTION 6. Section 201.001(a)(2), Human Resources Code, is | ||
amended to read as follows: | ||
(2) "Child" means an individual [ |
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court[ |
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SECTION 7. Sections 8.07(d) and (e), Penal Code, are | ||
amended to read as follows: | ||
(d) Notwithstanding Subsection (a), a person may not be | ||
prosecuted for or convicted of an offense described by Subsection | ||
(a)(4) or (5) that the person committed when younger than 12 [ |
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years of age. | ||
(e) A person who is at least 12 [ |
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than 15 years of age is presumed incapable of committing an offense | ||
described by Subsection (a)(4) or (5), other than an offense under a | ||
juvenile curfew ordinance or order. This presumption may be | ||
refuted if the prosecution proves to the court by a preponderance of | ||
the evidence that the actor had sufficient capacity to understand | ||
that the conduct engaged in was wrong at the time the conduct was | ||
engaged in. The prosecution is not required to prove that the actor | ||
at the time of engaging in the conduct knew that the act was a | ||
criminal offense or knew the legal consequences of the offense. | ||
SECTION 8. The following provisions are repealed: | ||
(1) Article 45.058(j), Code of Criminal Procedure; | ||
(2) Sections 37.124(d) and 37.126(c), Education Code; | ||
and | ||
(3) Section 42.01(f), Penal Code. | ||
SECTION 9. 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 10. This Act takes effect September 1, 2019. |