Bill Text: TX HB2687 | 2023-2024 | 88th Legislature | Engrossed


Bill Title: Relating to the age at which a juvenile court may exercise jurisdiction over a child and to the minimum age of criminal responsibility.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-15 - Received from the House [HB2687 Detail]

Download: Texas-2023-HB2687-Engrossed.html
 
 
  By: Leach, Flores H.B. No. 2687
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the age at which a juvenile court may exercise
  jurisdiction over a child and to the minimum age of criminal
  responsibility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 45.058(h) and (i), Code of Criminal
  Procedure, are amended to read as follows:
         (h)  In this article, "child" means a person who is:
               (1)  at least 13 [10] years of age and younger than 17
  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.
         (i)  If a law enforcement officer [issues a citation or]
  files a complaint in the manner provided by Article 45.018 for
  conduct by a child 13 [12] years of age or older that is alleged to
  have occurred on school property or on a vehicle owned or operated
  by a county or independent school district, the officer shall
  submit to the court the offense report, a statement by a witness to
  the alleged conduct, and a statement by a victim of the alleged
  conduct, if any.  An attorney representing the state may not proceed
  in a trial of an offense unless the law enforcement officer complied
  with the requirements of this subsection.
         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 13 [10] years of age and younger than
  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 years of age or older and under 13 years of
  age who is alleged or found to have engaged in conduct that contains
  the elements of any of the following offenses under the Penal Code:
                           (i)  aggravated assault under Section 22.02,
  sexual assault under Section 22.011, or aggravated sexual assault
  under Section 22.021;
                           (ii)  arson under Section 28.02;
                           (iii)  murder under Section 19.02, capital
  murder under Section 19.03, or criminal attempt under Section 15.01
  to commit murder or capital murder;
                           (iv)  indecency with a child under Section
  21.11;
                           (v)  aggravated kidnapping under Section
  20.04;
                           (vi)  aggravated robbery under Section
  29.03;
                           (vii)  manslaughter under Section 19.04;
                           (viii)  criminally negligent homicide under
  Section 19.05; or
                           (ix)  continuous sexual abuse of young child
  or disabled individual under Section 21.02;
                     (B)  13 [ten] years of age or older and under 17
  years of age; or
                     (C)  17 [(B)  seventeen] years of age or older and
  under 18 years of age who is alleged or found to have engaged in
  delinquent conduct or conduct indicating a need for supervision as
  a result of acts committed before becoming 17 years of age.
         SECTION 4.  Chapter 54, Family Code, is amended by adding
  Section 54.021 to read as follows:
         Sec. 54.021.  WAIVER OF JURISDICTION FOR CHILD UNDER 13
  YEARS OF AGE. (a)  Not later than the 30th day after the date on
  which a preliminary investigation under Section 53.01 concludes,
  the attorney representing the state shall file a petition
  requesting a hearing to determine whether the juvenile court should
  waive its exclusive original jurisdiction over a child younger than
  13 years of age.
         (b)  After the petition under Subsection (a) has been filed,
  the juvenile court shall set a time for the hearing.  The hearing
  must be held:
               (1)  without a jury; and
               (2)  before an adjudication hearing may occur.
         (c)  At a hearing under this section, the juvenile court
  shall consider whether:
               (1)  less restrictive interventions by the child's
  parent, guardian, family, or school, or by child protective
  services or county family and youth services, are available and
  will be sufficient to ensure the safety of the public and of the
  child;
               (2)  intervention by the court is warranted; and
               (3)  it is in the best interest of the child for the
  court to intervene.
         (d)  If the court elects not to waive its jurisdiction over a
  child in a hearing under this section, the court shall state the
  reasons for its decision in the order.
         (e)  If the court elects to waive its jurisdiction over a
  child in a hearing under this section, the court shall dismiss all
  charges against the child. The court shall refer the child to the
  person who conducted the preliminary investigation of the child
  under Section 53.01 for a referral for services described by
  Subsection (c)(1), as appropriate.
         SECTION 5.  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 13 [10]
  years of age.
         (e)  A person who is at least 13 [10] years of age but younger
  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 6.  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 7.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Commission on Law Enforcement and the
  Texas School Safety Center shall update the training provided to
  school resource officers and other peace officers to include the
  changes in law made by this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the Texas Juvenile Justice Department shall update the
  training provided to juvenile probation departments to include the
  changes in law made by this Act.
         (c)  As soon as practicable after the effective date of this
  Act, the Supreme Court of Texas Children's Commission shall
  disseminate information to judges and attorneys in this state
  regarding the changes in law made by this Act.
         SECTION 8.  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 9.  This Act takes effect September 1, 2023.
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