Bill Text: TX HB330 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-04-01 - Left pending in committee [HB330 Detail]

Download: Texas-2015-HB330-Introduced.html

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84R747 ADM-D
By: Wu H.B. No. 330

A BILL TO BE ENTITLED
AN ACT
relating to the age of criminal responsibility and to certain
substantive and procedural matters related to that age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
SECTION 1.01. Section 51.02(2), Family Code, is amended to
read as follows:
(2) "Child" means a person who is:
(A) 10 [ten] years of age or older and under 18
[17] years of age; or
(B) 18 [seventeen] years of age or older and
under 19 [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 18 [17] years of age.
SECTION 1.02. Section 8.07(b), Penal Code, is amended to
read as follows:
(b) Unless the juvenile court waives jurisdiction under
Section 54.02, Family Code, and certifies the individual for
criminal prosecution or the juvenile court has previously waived
jurisdiction under that section and certified the individual for
criminal prosecution, a person may not be prosecuted for or
convicted of any offense committed before reaching 18 [17] years of
age except an offense described by Subsections (a)(1)-(5).
SECTION 1.03. The changes in law made by this article apply
only to an offense committed or conduct violating a penal law that
occurs on or after the effective date of this Act. An offense
committed or conduct that occurs before the effective date of this
Act 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 violating a penal law occurred
before the effective date of this Act if any element of the offense
or conduct occurred before that date.
ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
SECTION 2.01. Sections 15.031(e) and (f), Penal Code, are
amended to read as follows:
(e) An offense under this section is one category lower than
the solicited offense, except that an offense under this section is
the same category as the solicited offense if it is shown on the
trial of the offense that the actor:
(1) was at the time of the offense 18 [17] years of age
or older and a member of a criminal street gang, as defined by
Section 71.01; and
(2) committed the offense with the intent to:
(A) further the criminal activities of the
criminal street gang; or
(B) avoid detection as a member of a criminal
street gang.
(f) In this section, "minor" means an individual younger
than 18 [17] years of age.
SECTION 2.02. Section 21.02(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if:
(1) during a period that is 30 or more days in
duration, the person commits two or more acts of sexual abuse,
regardless of whether the acts of sexual abuse are committed
against one or more victims; and
(2) at the time of the commission of each of the acts
of sexual abuse, the actor is 18 [17] years of age or older and the
victim is a child younger than 14 years of age.
SECTION 2.03. Section 33.021(a)(1), Penal Code, is amended
to read as follows:
(1) "Minor" means:
(A) an individual who represents himself or
herself to be younger than 18 [17] years of age; or
(B) an individual whom the actor believes to be
younger than 18 [17] years of age.
SECTION 2.04. Section 33.021(b), Penal Code, is amended to
read as follows:
(b) A person who is 18 [17] years of age or older commits an
offense if, with the intent to arouse or gratify the sexual desire
of any person, the person, over the Internet, by electronic mail or
text message or other electronic message service or system, or
through a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a
minor; or
(2) distributes sexually explicit material to a minor.
SECTION 2.05. Section 71.022(d)(1), Penal Code, is amended
to read as follows:
(1) "Child" means an individual younger than 18 [17]
years of age.
SECTION 2.06. Section 71.028(c), Penal Code, is amended to
read as follows:
(c) Except as provided by Subsection (d), the punishment
prescribed for an offense described by Subsection (b) is increased
to the punishment prescribed for the next highest category of
offense if the actor is 18 [17] years of age or older and it is shown
beyond a reasonable doubt on the trial of the offense that the actor
committed the offense at a location that was:
(1) in, on, or within 1,000 feet of any:
(A) real property that is owned, rented, or
leased by a school or school board;
(B) premises owned, rented, or leased by an
institution of higher education;
(C) premises of a public or private youth center;
or
(D) playground;
(2) in, on, or within 300 feet of any:
(A) shopping mall;
(B) movie theater;
(C) premises of a public swimming pool; or
(D) premises of a video arcade facility; or
(3) on a school bus.
SECTION 2.07. Section 729.001(a), Transportation Code, is
amended to read as follows:
(a) A person who is younger than 18 [17] years of age commits
an offense if the person operates a motor vehicle on a public road
or highway, a street or alley in a municipality, or a public beach
in violation of any traffic law of this state, including:
(1) Chapter 502, other than Section [502.282 or]
502.412;
(2) Chapter 521, other than an offense under Section
521.457;
(3) Subtitle C, other than an offense punishable by
imprisonment or by confinement in jail under Section 550.021,
550.022, 550.024, or 550.025;
(4) Chapter 601;
(5) Chapter 621;
(6) Chapter 661; and
(7) Chapter 681.
SECTION 2.08. Section 729.002, Transportation Code, is
amended to read as follows:
Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
LICENSE. (a) A person who is younger than 18 [17] years of age
commits an offense if the person operates a motor vehicle without a
driver's license authorizing the operation of a motor vehicle on a:
(1) public road or highway;
(2) street or alley in a municipality; or
(3) public beach as defined by Section 729.001.
(b) An offense under this section is punishable in the same
manner as if the person was 18 [17] years of age or older and
operated a motor vehicle without a license as described by
Subsection (a), except that an offense under this section is not
punishable by confinement or imprisonment.
SECTION 2.09. The changes in law made by this article apply
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
ARTICLE 3. CRIMINAL PROCEDURES
SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
ADULT. (a) Notwithstanding the order of a juvenile court to
detain a person under the age of 18 [17] who has been certified to
stand trial as an adult in a certified juvenile detention facility
under Section 54.02(h), Family Code, the judge of the criminal
court having jurisdiction over the person may order the person to be
transferred to an adult facility. A child who is transferred to an
adult facility must be detained under conditions meeting the
requirements of Section 51.12, Family Code.
(b) On the 18th [17th] birthday of a person described by
Subsection (a) who is detained in a certified juvenile detention
facility under Section 54.02(h), Family Code, the judge of the
criminal court having jurisdiction over the person shall order the
person to be transferred to an adult facility.
SECTION 3.02. Articles 45.0216(b) and (h), Code of Criminal
Procedure, are amended to read as follows:
(b) A person may apply to the court in which the person was
convicted to have the conviction expunged as provided by this
article on or after the person's 18th [17th] birthday if:
(1) the person was convicted of not more than one
offense described by Section 8.07(a)(4) or (5), Penal Code, while
the person was a child; or
(2) the person was convicted only once of an offense
under Section 43.261, Penal Code.
(h) Records of a person under 18 [17] years of age relating
to a complaint dismissed as provided by Article 45.051 or 45.052 may
be expunged under this article.
SECTION 3.03. Article 45.045(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A capias pro fine may not be issued for an individual
convicted for an offense committed before the individual's 18th
[17th] birthday unless:
(1) the individual is 18 [17] years of age or older;
(2) the court finds that the issuance of the capias pro
fine is justified after considering:
(A) the sophistication and maturity of the
individual;
(B) the criminal record and history of the
individual; and
(C) the reasonable likelihood of bringing about
the discharge of the judgment through the use of procedures and
services currently available to the court; and
(3) the court has proceeded under Article 45.050 to
compel the individual to discharge the judgment.
SECTION 3.04. Article 45.0492(a), Code of Criminal
Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
(a) This article applies only to a defendant younger than 18
[17] years of age who is assessed a fine or costs for a Class C
misdemeanor occurring in a building or on the grounds of the primary
or secondary school at which the defendant was enrolled at the time
of the offense.
SECTION 3.05. Article 45.0492(a), Code of Criminal
Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
(a) This article applies only to a defendant younger than 18
[17] years of age who is assessed a fine or costs for a Class C
misdemeanor.
SECTION 3.06. Articles 45.050(d), (e), and (g), Code of
Criminal Procedure, are amended to read as follows:
(d) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if:
(1) the person was convicted for an offense committed
before the person's 18th [17th] birthday;
(2) the person failed to obey the order while the
person was 18 [17] years of age or older; and
(3) the failure to obey occurred under circumstances
that constitute contempt of court.
(e) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if the
person, while younger than 18 [17] years of age, engaged in conduct
in contempt of an order issued by the justice or municipal court,
but contempt proceedings could not be held before the person's 18th
[17th] birthday.
(g) A justice or municipal court may not refer a child who
violates a court order while 18 [17] years of age or older to a
juvenile court for delinquency proceedings for contempt of court.
SECTION 3.07. Article 45.057(h), Code of Criminal
Procedure, is amended to read as follows:
(h) A child and parent required to appear before the court
have an obligation to provide the court in writing with the current
address and residence of the child. The obligation does not end
when the child reaches age 18 [17]. On or before the seventh day
after the date the child or parent changes residence, the child or
parent shall notify the court of the current address in the manner
directed by the court. A violation of this subsection may result in
arrest and is a Class C misdemeanor. The obligation to provide
notice terminates on discharge and satisfaction of the judgment or
final disposition not requiring a finding of guilt.
SECTION 3.08. 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 10 years of age and younger than 18 [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.
SECTION 3.09. Articles 45.060(a), (b), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) Except as provided by Articles 45.058 and 45.059, an
individual may not be taken into secured custody for offenses
alleged to have occurred before the individual's 18th [17th]
birthday.
(b) On or after an individual's 18th [17th] birthday, if the
court has used all available procedures under this chapter to
secure the individual's appearance to answer allegations made
before the individual's 18th [17th] birthday, the court may issue a
notice of continuing obligation to appear by personal service or by
mail to the last known address and residence of the individual. The
notice must order the individual to appear at a designated time,
place, and date to answer the allegations detailed in the notice.
(e) A notice of continuing obligation to appear issued under
this article must contain the following statement provided in
boldfaced type or capital letters:
"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
FOR YOUR ARREST."
SECTION 3.10. Article 62.001(6), Code of Criminal
Procedure, is amended to read as follows:
(6) "Sexually violent offense" means any of the
following offenses committed by a person 18 [17] years of age or
older:
(A) an offense under Section 21.02 (Continuous
sexual abuse of young child or children), 21.11(a)(1) (Indecency
with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
sexual assault), Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D) an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
or
(E) an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice if the offense contains elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), or (D).
SECTION 3.11. Section 37.085, Education Code, is amended to
read as follows:
Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
MISDEMEANORS. Notwithstanding any other provision of law, a
warrant may not be issued for the arrest of a person for a Class C
misdemeanor under this code committed when the person was younger
than 18 [17] years of age.
SECTION 3.12. Section 521.453(i), Transportation Code, is
amended to read as follows:
(i) If the person ordered to perform community service under
Subsection (h) is younger than 18 [17] years of age, the community
service shall be performed as if ordered by a juvenile court under
Section 54.044(a), Family Code, as a condition of probation under
Section 54.04(d), Family Code.
SECTION 3.13. (a) Except as provided by Subsection (b) of
this section, the changes in law made by this article apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose.
(b) Articles 45.0216(b) and (h), Code of Criminal
Procedure, as amended by this article, apply only to the expunction
of certain records related to an offense committed on or after the
effective date of this Act. The expunction of certain records
related to an offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
(c) For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
ARTICLE 4. JUVENILE COURT PROCEDURES
SECTION 4.01. Section 51.041, Family Code, is amended to
read as follows:
Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
retains jurisdiction over a person, without regard to the age of the
person, for conduct engaged in by the person before becoming 18 [17]
years of age if, as a result of an appeal by the person or the state
under Chapter 56 or by the person under Article 44.47, Code of
Criminal Procedure, of an order of the court, the order is reversed
or modified and the case remanded to the court by the appellate
court.
(b) If the respondent is at least 19 [18] years of age when
the order of remand from the appellate court is received by the
juvenile court, the juvenile court shall proceed as provided by
Sections 54.02(o)-(r) for the detention of a person at least 18
years of age in discretionary transfer proceedings. Pending
retrial of the adjudication or transfer proceeding, the juvenile
court may:
(1) order the respondent released from custody;
(2) order the respondent detained in a juvenile
detention facility; or
(3) set bond and order the respondent detained in a
county adult facility if bond is not made.
SECTION 4.02. Section 51.0412, Family Code, is amended to
read as follows:
Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
The court retains jurisdiction over a person, without regard to the
age of the person, who is a respondent in an adjudication
proceeding, a disposition proceeding, a proceeding to modify
disposition, a proceeding for waiver of jurisdiction and transfer
to criminal court under Section 54.02(a), or a motion for transfer
of determinate sentence probation to an appropriate district court
if:
(1) the petition or motion was filed while the
respondent was younger than 19 or 20 [18 or 19] years of age, as
applicable;
(2) the proceeding is not complete before the
respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
and
(3) the court enters a finding in the proceeding that
the prosecuting attorney exercised due diligence in an attempt to
complete the proceeding before the respondent became 19 or 20 [18 or
19] years of age, as applicable.
SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
amended to read as follows:
(f) A child detained in a building that contains a jail,
lockup, or other place of secure confinement, including an alcohol
or other drug treatment facility, shall be separated by sight and
sound from adults detained in the same building. Children and
adults are separated by sight and sound only if they are unable to
see each other and conversation between them is not possible. The
separation must extend to all areas of the facility, including
sally ports and passageways, and those areas used for admission,
counseling, sleeping, toileting, showering, dining, recreational,
educational, or vocational activities, and health care. The
separation may be accomplished through architectural design. A
person who has been transferred for prosecution in criminal court
under Section 54.02 and is under 18 [17] years of age is considered
a child for the purposes of this subsection.
(h) This section does not apply to a person:
(1) who has been transferred to criminal court for
prosecution under Section 54.02 and is at least 18 [17] years of
age; or
(2) who is at least 18 [17] years of age and who has
been taken into custody after having:
(A) escaped from a juvenile facility operated by
or under contract with the Texas Juvenile Justice Department [Youth
Commission]; or
(B) violated a condition of release under
supervision of the Texas Juvenile Justice Department [Youth
Commission].
SECTION 4.04. Section 54.02(j), Family Code, is amended to
read as follows:
(j) The juvenile court may waive its exclusive original
jurisdiction and transfer a person to the appropriate district
court or criminal district court for criminal proceedings if:
(1) the person is 19 [18] years of age or older;
(2) the person was:
(A) 10 years of age or older and under 18 [17]
years of age at the time the person is alleged to have committed a
capital felony or an offense under Section 19.02, Penal Code;
(B) 14 years of age or older and under 18 [17]
years of age at the time the person is alleged to have committed an
aggravated controlled substance felony or a felony of the first
degree other than an offense under Section 19.02, Penal Code; or
(C) 15 years of age or older and under 18 [17]
years of age at the time the person is alleged to have committed a
felony of the second or third degree or a state jail felony;
(3) no adjudication concerning the alleged offense has
been made or no adjudication hearing concerning the offense has
been conducted;
(4) the juvenile court finds from a preponderance of
the evidence that:
(A) for a reason beyond the control of the state
it was not practicable to proceed in juvenile court before the 19th
[18th] birthday of the person; or
(B) after due diligence of the state it was not
practicable to proceed in juvenile court before the 19th [18th]
birthday of the person because:
(i) the state did not have probable cause to
proceed in juvenile court and new evidence has been found since the
19th [18th] birthday of the person;
(ii) the person could not be found; or
(iii) a previous transfer order was
reversed by an appellate court or set aside by a district court; and
(5) the juvenile court determines that there is
probable cause to believe that the child before the court committed
the offense alleged.
SECTION 4.05. Section 54.0326(b), Family Code, is amended
to read as follows:
(b) A juvenile court may defer adjudication proceedings
under Section 54.03 until the child's 19th [18th] birthday and
require a child to participate in a program established under
Section 152.0016, Human Resources Code, if the child:
(1) is alleged to have engaged in delinquent conduct
or conduct indicating a need for supervision and may be a victim of
conduct that constitutes an offense under Section 20A.02, Penal
Code; and
(2) presents to the court an oral or written request to
participate in the program.
SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
are amended to read as follows:
(e) The Texas Juvenile Justice Department [Youth
Commission] shall accept a person properly committed to it by a
juvenile court even though the person may be 18 [17] years of age or
older at the time of commitment.
(l) Except as provided by Subsection (q), a court or jury
may place a child on probation under Subsection (d)(1) for any
period, except that probation may not continue on or after the
child's 19th [18th] birthday. Except as provided by Subsection
(q), the court may, before the period of probation ends, extend the
probation for any period, except that the probation may not extend
to or after the child's 19th [18th] birthday.
(q) If a court or jury sentences a child to commitment in the
Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Subsection (d)(3) for a term of not
more than 10 years, the court or jury may place the child on
probation under Subsection (d)(1) as an alternative to making the
disposition under Subsection (d)(3). The court shall prescribe
the period of probation ordered under this subsection for a term of
not more than 10 years. The court may, before the sentence of
probation expires, extend the probationary period under Section
54.05, except that the sentence of probation and any extension may
not exceed 10 years. The court may, before the child's 20th [19th]
birthday, discharge the child from the sentence of probation. If a
sentence of probation ordered under this subsection and any
extension of probation ordered under Section 54.05 will continue
after the child's 20th [19th] birthday, the court shall discharge
the child from the sentence of probation on the child's 20th [19th]
birthday unless the court transfers the child to an appropriate
district court under Section 54.051.
SECTION 4.07. Section 54.0405(i), Family Code, is amended
to read as follows:
(i) A court that requires as a condition of probation that a
child attend psychological counseling under Subsection (a) may,
before the date the probation period ends, extend the probation for
any additional period necessary to complete the required counseling
as determined by the treatment provider, except that the probation
may not be extended to a date after the date of the child's 19th
[18th] birthday, or 20th [19th] birthday if the child is placed on
determinate sentence probation under Section 54.04(q).
SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
amended to read as follows:
(b) If a child is found to have engaged in delinquent
conduct or conduct indicating a need for supervision arising from
the commission of an offense in which property damage or loss or
personal injury occurred, the juvenile court, on notice to all
persons affected and on hearing, may order the child or a parent to
make full or partial restitution to the victim of the offense. The
program of restitution must promote the rehabilitation of the
child, be appropriate to the age and physical, emotional, and
mental abilities of the child, and not conflict with the child's
schooling. When practicable and subject to court supervision, the
court may approve a restitution program based on a settlement
between the child and the victim of the offense. An order under
this subsection may provide for periodic payments by the child or a
parent of the child for the period specified in the order but except
as provided by Subsection (h), that period may not extend past the
date of the 19th [18th] birthday of the child or past the date the
child is no longer enrolled in an accredited secondary school in a
program leading toward a high school diploma, whichever date is
later.
(h) If the juvenile court places the child on probation in a
determinate sentence proceeding initiated under Section 53.045 and
transfers supervision on the child's 20th [19th] birthday to a
district court for placement on community supervision, the district
court shall require the payment of any unpaid restitution as a
condition of the community supervision. The liability of the
child's parent for restitution may not be extended by transfer to a
district court for supervision.
SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
amended to read as follows:
(a) Except as provided by Subsection (a-1), any
disposition, except a commitment to the Texas Juvenile Justice
Department [Youth Commission], may be modified by the juvenile
court as provided in this section until:
(1) the child reaches:
(A) the child's 19th [18th] birthday; or
(B) the child's 20th [19th] birthday, if the
child was placed on determinate sentence probation under Section
54.04(q); or
(2) the child is earlier discharged by the court or
operation of law.
(b) Except for a commitment to the Texas Juvenile Justice
Department or to a post-adjudication secure correctional facility
under Section 54.04011, a disposition under Section 54.0402, or a
placement on determinate sentence probation under Section
54.04(q), all dispositions automatically terminate when the child
reaches the child's 19th [18th] birthday.
SECTION 4.10. Sections 54.051(a), (b), (c), (d), (e-2), and
(i), Family Code, are amended to read as follows:
(a) On motion of the state concerning a child who is placed
on probation under Section 54.04(q) for a period, including any
extension ordered under Section 54.05, that will continue after the
child's 20th [19th] birthday, the juvenile court shall hold a
hearing to determine whether to transfer the child to an
appropriate district court or discharge the child from the sentence
of probation.
(b) The hearing must be conducted before the person's 20th
[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.
(c) If, after a hearing, the court determines to discharge
the child, the court shall specify a date on or before the child's
20th [19th] birthday to discharge the child from the sentence of
probation.
(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 20th [19th] birthday.
(e-2) If a person who is placed on community supervision
under this section violates a condition of that supervision or if
the person violated a condition of probation ordered under Section
54.04(q) and that probation violation was not discovered by the
state before the person's 20th [19th] birthday, the district court
shall dispose of the violation of community supervision or
probation, as appropriate, in the same manner as if the court had
originally exercised jurisdiction over the case. If the judge
revokes community supervision, the judge may reduce the prison
sentence to any length without regard to the minimum term imposed by
Section 23(a), Article 42.12, Code of Criminal Procedure.
(i) If the juvenile court exercises jurisdiction over a
person who is 19 or 20 [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 4.11. Section 54.11(l), Family Code, is amended to
read as follows:
(l) Pending the conclusion of a transfer hearing, the
juvenile court shall order that the person who is referred for
transfer be detained in a certified juvenile detention facility as
provided by Subsection (m). If the person is at least 18 [17] years
of age, the juvenile court may order that the person be detained
without bond in an appropriate county facility for the detention of
adults accused of criminal offenses.
SECTION 4.12. Section 55.15, Family Code, is amended to
read as follows:
Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
which the child's case is referred under Section 55.12(2) orders
mental health services for the child, the child shall be cared for,
treated, and released in conformity to Subtitle C, Title 7, Health
and Safety Code, except:
(1) a court order for mental health services for a
child automatically expires on the 120th day after the date the
child becomes 19 [18] years of age; and
(2) the administrator of a mental health facility
shall notify, in writing, by certified mail, return receipt
requested, the juvenile court that ordered mental health services
or the juvenile court that referred the case to a court that ordered
the mental health services of the intent to discharge the child at
least 10 days prior to discharge.
SECTION 4.13. Section 55.18, Family Code, is amended to
read as follows:
Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
mental health facility before reaching 19 [18] years of age, the
juvenile court may:
(1) dismiss the juvenile court proceedings with
prejudice; or
(2) continue with proceedings under this title as
though no order of mental health services had been made.
SECTION 4.14. The heading to Section 55.19, Family Code, is
amended to read as follows:
Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
BIRTHDAY.
SECTION 4.15. Section 55.19(a), Family Code, is amended to
read as follows:
(a) The juvenile court shall transfer all pending
proceedings from the juvenile court to a criminal court on the 19th
[18th] birthday of a child for whom the juvenile court or a court to
which the child's case is referred under Section 55.12(2) has
ordered inpatient mental health services if:
(1) the child is not discharged or furloughed from the
inpatient mental health facility before reaching 19 [18] years of
age; and
(2) the child is alleged to have engaged in delinquent
conduct that included a violation of a penal law listed in Section
53.045 and no adjudication concerning the alleged conduct has been
made.
SECTION 4.16. Section 55.43(a), Family Code, is amended to
read as follows:
(a) The prosecuting attorney may file with the juvenile
court a motion for a restoration hearing concerning a child if:
(1) the child is found unfit to proceed as a result of
mental illness or intellectual disability [mental retardation];
and
(2) the child:
(A) is not:
(i) ordered by a court to receive inpatient
mental health services;
(ii) committed by a court to a residential
care facility; or
(iii) ordered by a court to receive
treatment on an outpatient basis; or
(B) is discharged or currently on furlough from a
mental health facility or outpatient center before the child
reaches 19 [18] years of age.
SECTION 4.17. The heading to Section 55.44, Family Code, is
amended to read as follows:
Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
BIRTHDAY OF CHILD.
SECTION 4.18. Section 55.44(a), Family Code, is amended to
read as follows:
(a) The juvenile court shall transfer all pending
proceedings from the juvenile court to a criminal court on the 19th
[18th] birthday of a child for whom the juvenile court or a court to
which the child's case is referred has ordered inpatient mental
health services or residential care for persons with intellectual
disabilities [mental retardation] if:
(1) the child is not discharged or currently on
furlough from the facility before reaching 19 [18] years of age; and
(2) the child is alleged to have engaged in delinquent
conduct that included a violation of a penal law listed in Section
53.045 and no adjudication concerning the alleged conduct has been
made.
SECTION 4.19. Section 56.01(c), Family Code, is amended to
read as follows:
(c) An appeal may be taken:
(1) except as provided by Subsection (n), by or on
behalf of a child from an order entered under:
(A) Section 54.02 respecting transfer of the
child to a district court or criminal court for prosecution as an
adult;
(B) Section 54.03 with regard to delinquent
conduct or conduct indicating a need for supervision;
(C) [(B)] Section 54.04 disposing of the case;
(D) [(C)] Section 54.05 respecting modification
of a previous juvenile court disposition; or
(E) [(D)] Chapter 55 by a juvenile court
committing a child to a facility for the mentally ill or
intellectually disabled [mentally retarded]; or
(2) by a person from an order entered under Section
54.11(i)(2) transferring the person to the custody of the Texas
Department of Criminal Justice.
SECTION 4.20. The heading to Section 56.03, Family Code, is
amended to read as follows:
Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
FOR DETERMINATE SENTENCE].
SECTION 4.21. Section 56.03(b), Family Code, is amended to
read as follows:
(b) The state is entitled to appeal an order of a court:
(1) in a juvenile case in which the grand jury has
approved of the petition under Section 53.045 if the order:
(A) [(1)] dismisses a petition or any portion of
a petition;
(B) [(2)] arrests or modifies a judgment;
(C) [(3)] grants a new trial;
(D) [(4)] sustains a claim of former jeopardy; or
(E) [(5)] grants a motion to suppress evidence, a
confession, or an admission and if:
(i) [(A)] jeopardy has not attached in the
case;
(ii) [(B)] the prosecuting attorney
certifies to the trial court that the appeal is not taken for the
purpose of delay; and
(iii) [(C)] the evidence, confession, or
admission is of substantial importance in the case; or
(2) if the order denies the transfer of the child under
Section 54.02 to criminal court for prosecution as an adult.
SECTION 4.22. Sections 58.003(c), (c-2), (c-4), (c-6), and
(c-8), Family Code, are amended to read as follows:
(c) Subject to Subsection (b), a court may order the sealing
of records concerning a person adjudicated as having engaged in
delinquent conduct that violated a penal law of the grade of felony
only if:
(1) the person is 20 [19] years of age or older;
(2) the person was not transferred by a juvenile court
under Section 54.02 to a criminal court for prosecution;
(3) the records have not been used as evidence in the
punishment phase of a criminal proceeding under Section 3(a),
Article 37.07, Code of Criminal Procedure; and
(4) the person has not been convicted of a penal law of
the grade of felony after becoming age 18 [17].
(c-2) If the court orders the sealing of a child's records
under Subsection (c-1), a prosecuting attorney or juvenile
probation department may maintain until the child's 18th [17th]
birthday a separate record of the child's name and date of birth and
the date the child successfully completed the drug court
program. The prosecuting attorney or juvenile probation
department, as applicable, shall send the record to the court as
soon as practicable after the child's 18th [17th] birthday to be
added to the child's other sealed records.
(c-4) A prosecuting attorney or juvenile probation
department may maintain until a child's 18th [17th] birthday a
separate record of the child's name and date of birth and the date
on which the child's records are sealed, if the child's records are
sealed under Subsection (c-3). The prosecuting attorney or
juvenile probation department, as applicable, shall send the record
to the court as soon as practicable after the child's 18th [17th]
birthday to be added to the child's other sealed records.
(c-6) A prosecuting attorney or juvenile probation
department may maintain until a child's 18th [17th] birthday a
separate record of the child's name and date of birth and the date
on which the child successfully completed the educational program,
if the child's records are sealed under Subsection (c-5). The
prosecuting attorney or juvenile probation department, as
applicable, shall send the record to the court as soon as
practicable after the child's 18th [17th] birthday to be added to
the child's other sealed records.
(c-8) If the court orders the sealing of a child's records
under Subsection (c-7), a prosecuting attorney or juvenile
probation department may maintain until the child's 19th [18th]
birthday a separate record of the child's name and date of birth and
the date the child successfully completed the trafficked persons
program. The prosecuting attorney or juvenile probation
department, as applicable, shall send the record to the court as
soon as practicable after the child's 19th [18th] birthday to be
added to the child's other sealed records.
SECTION 4.23. Section 58.0052(a)(2), Family Code, is
amended to read as follows:
(2) "Multi-system youth" means a person who:
(A) is younger than 20 [19] years of age; and
(B) has received services from two or more
juvenile service providers.
SECTION 4.24. Section 58.0071(d), Family Code, is amended
to read as follows:
(d) The physical records and files of a juvenile case may
only be destroyed if the child who is the respondent in the case:
(1) is at least 19 [18] years of age and:
(A) the most serious allegation adjudicated was
conduct indicating a need for supervision;
(B) the most serious allegation was conduct
indicating a need for supervision and there was not an
adjudication; or
(C) the referral or information did not relate to
conduct indicating a need for supervision or delinquent conduct and
the juvenile court or the court's staff did not take action on the
referral or information for that reason;
(2) is at least 21 years of age and:
(A) the most serious allegation adjudicated was
delinquent conduct that violated a penal law of the grade of
misdemeanor; or
(B) the most serious allegation was delinquent
conduct that violated a penal law of the grade of misdemeanor or
felony and there was not an adjudication; or
(3) is at least 31 years of age and the most serious
allegation adjudicated was delinquent conduct that violated a penal
law of the grade of felony.
SECTION 4.25. Section 58.203(a), Family Code, is amended to
read as follows:
(a) The department shall certify to the juvenile probation
department to which a referral was made that resulted in
information being submitted to the juvenile justice information
system that the records relating to a person's juvenile case are
subject to automatic restriction of access if:
(1) the person is at least 18 [17] years of age;
(2) the juvenile case did not include conduct
resulting in determinate sentence proceedings in the juvenile court
under Section 53.045; and
(3) the juvenile case was not certified for trial in
criminal court under Section 54.02.
SECTION 4.26. Section 58.208, Family Code, is amended to
read as follows:
Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
final discharge of a child from the juvenile system or on the last
official action in the case, if there is no adjudication, the
appropriate juvenile justice official shall provide to the child:
(1) a written explanation of how automatic restricted
access under this subchapter works;
(2) a copy of this subchapter; and
(3) a statement that if the child wishes to receive
notification of an action restricting access to the child's records
under Section 58.207(a), the child must before the child's 18th
[17th] birthday provide the juvenile probation department with a
current address where the child can receive notification.
SECTION 4.27. Section 58.209(a), Family Code, is amended to
read as follows:
(a) When a child is placed on probation for an offense that
may be eligible for automatic restricted access at age 18 [17] or
when a child is received by the Texas Juvenile Justice Department on
an indeterminate commitment, a probation officer or an official at
the Texas Juvenile Justice Department reception center, as soon as
practicable, shall explain the substance of the following
information to the child:
(1) if the child was adjudicated as having committed
delinquent conduct for a felony or jailable misdemeanor, that the
child probably has a juvenile record with the department and the
Federal Bureau of Investigation;
(2) that the child's juvenile record is a permanent
record that is not destroyed or erased unless the record is eligible
for sealing and the child or the child's family hires a lawyer and
files a petition in court to have the record sealed;
(3) that the child's juvenile record, other than
treatment records made confidential by law, can be accessed by
police, sheriff's officers, prosecutors, probation officers,
correctional officers, and other criminal and juvenile justice
officials in this state and elsewhere;
(4) that the child's juvenile record, other than
treatment records made confidential by law, can be accessed by
employers, educational institutions, licensing agencies, and other
organizations when the child applies for employment or educational
programs;
(5) if the child's juvenile record is placed on
restricted access when the child becomes 18 [17] years of age, that
access will be denied to employers, educational institutions, and
others except for criminal justice agencies;
(6) that restricted access does not require any action
by the child or the child's family, including the filing of a
petition or hiring of a lawyer, but occurs automatically at age 18
[17]; and
(7) that if the child is under the jurisdiction of the
juvenile court or the Texas Juvenile Justice Department on or after
the child's 18th [17th] birthday, the law regarding restricted
access will not apply until the person is discharged from the
jurisdiction of the court or department, as appropriate.
SECTION 4.28. Section 58.211(a), Family Code, is amended to
read as follows:
(a) If the department has notified a juvenile probation
department that a record has been placed on restricted access and
the department later receives information in the department's
criminal history system that the subject of the records has been
convicted of or placed on deferred adjudication for a felony or a
misdemeanor punishable by confinement in jail for an offense
committed after the person reached the age of 18 [17], the person's
juvenile records are no longer subject to restricted access. The
department shall notify the appropriate local juvenile probation
departments in the manner described by Section 58.203 that the
person's records are no longer subject to restricted access.
SECTION 4.29. Section 59.005(b), Family Code, is amended to
read as follows:
(b) The juvenile court or the probation department shall
discharge the child from the custody of the probation department on
the date the provisions of this section are met or on the child's
19th [18th] birthday, whichever is earlier.
SECTION 4.30. Section 59.006(b), Family Code, is amended to
read as follows:
(b) The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 19th [18th] birthday,
whichever is earlier.
SECTION 4.31. Section 59.007(b), Family Code, is amended to
read as follows:
(b) The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 19th [18th] birthday,
whichever is earlier.
SECTION 4.32. Section 59.008(b), Family Code, is amended to
read as follows:
(b) The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 19th [18th] birthday,
whichever is earlier.
SECTION 4.33. Section 59.009(c), Family Code, is amended to
read as follows:
(c) The Texas Juvenile Justice Department, juvenile board,
or local juvenile probation department may discharge the child from
the custody of the department, board, or probation department, as
applicable, on the date the provisions of this section are met or on
the child's 20th [19th] birthday, whichever is earlier.
SECTION 4.34. Section 61.051(c), Family Code, is amended to
read as follows:
(c) The juvenile court retains jurisdiction to enter a
contempt order if the motion for enforcement is filed not later than
six months after the child's 19th [18th] birthday.
SECTION 4.35. Section 614.019(b), Health and Safety Code,
is amended to read as follows:
(b) A child with mental illness who is receiving continuity
of care services during parole from the Texas Juvenile Justice
Department [Youth Commission] and who is no longer eligible to
receive services from a local mental health authority when the
child becomes 18 [17] years of age because the child does not meet
the requirements of a local service area plan under Section
533.0352(a) may continue to receive continuity of care services
from the office until the child completes the child's parole.
SECTION 4.36. Section 63.001(1), Human Resources Code, is
amended to read as follows:
(1) "Juvenile" means a person from the age of 10 to 19
[18] years who has been found to have engaged in delinquent conduct
by a court of competent jurisdiction.
SECTION 4.37. Section 152.0015, Human Resources Code, is
amended to read as follows:
Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
JUVENILES. A juvenile board shall establish a policy that
specifies whether a person who has been transferred for criminal
prosecution under Section 54.02, Family Code, and is younger than
18 [17] years of age may be detained in a juvenile facility pending
trial as provided by Section 51.12, Family Code.
SECTION 4.38. Sections 152.0016(e) and (j), Human Resources
Code, as added by Chapter 1323 (S.B. 511), Acts of the 83rd
Legislature, Regular Session, 2013, are amended to read as follows:
(e) A juvenile board or a local juvenile probation
department shall accept a person properly committed to it by a
juvenile court under Section 54.04011, Family Code, in the same
manner in which the Texas Juvenile Justice Department accepts a
person under Section 54.04(e), Family Code, even though the person
may be 18 [17] years of age or older at the time of the commitment.
(j) After a child committed to a post-adjudication secure
correctional facility with a determinate sentence under Section
54.04011(c)(2), Family Code, becomes 17 [16] years of age but
before the child becomes 20 [19] years of age, the juvenile board or
local juvenile probation department operating or contracting for
the operation of the facility 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 the child has not completed the sentence and:
(1) the child's conduct, regardless of whether the
child was released under supervision through a program established
by the board or department, indicates that the welfare of the
community requires the transfer; or
(2) while the child was released under supervision:
(A) a juvenile court adjudicated the child as
having engaged in delinquent conduct constituting a felony offense;
(B) a criminal court convicted the child of a
felony offense; or
(C) the child's release under supervision was
revoked.
SECTION 4.39. Section 201.001(a)(2), Human Resources Code,
is amended to read as follows:
(2) "Child" means an individual:
(A) 10 years of age or older and younger than 19
[18] years of age who is under the jurisdiction of a juvenile court;
or
(B) 10 years of age or older and younger than 20
[19] years of age who is committed to the department under Title 3,
Family Code.
SECTION 4.40. Section 243.001(a), Human Resources Code, is
amended to read as follows:
(a) The department may not assign a child younger than 15
years of age to the same correctional facility dormitory as a person
who is at least 18 [17] years of age unless the department
determines that the placement is necessary to ensure the safety of
children in the custody of the department. This subsection does
not apply to a dormitory that is used exclusively for short-term
assessment and orientation purposes.
SECTION 4.41. Section 243.051(b), Human Resources Code, is
amended to read as follows:
(b) A child who is arrested or taken into custody under
Subsection (a) may be detained in any suitable place, including an
adult jail facility if the person is 18 [17] years of age or older,
until the child is returned to the custody of the department or
transported to a department facility.
SECTION 4.42. Section 244.015, Human Resources Code, is
amended to read as follows:
Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
DETERMINATE SENTENCES. (a) When a child who is sentenced to
commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
Family Code, becomes 19 [18] years of age, the department shall
evaluate whether the child is in need of additional services that
can be completed in the six-month period after the child's 19th
[18th] birthday to prepare the child for release from the custody of
the department or transfer to the Texas Department of Criminal
Justice.
(b) This section does not apply to a child who is released
from the custody of the department or who is transferred to the
Texas Department of Criminal Justice before the child's 19th [18th]
birthday.
SECTION 4.43. Section 245.053(i), Human Resources Code, is
amended to read as follows:
(i) If the department requires as a condition of release
that a child attend psychological counseling under Subsection (a),
the department may, before the date the period of release ends,
petition the appropriate court to request the court to extend the
period of release for an additional period necessary to complete
the required counseling as determined by the treatment provider,
except that the release period may not be extended to a date after
the date of the child's 19th [18th] birthday.
SECTION 4.44. (a) Except as provided by Subsection (b) or
(c) of this section, the changes in law made by this article apply
only to procedures relating to conduct violating a penal law that
occurs on or after the effective date of this Act. Procedures
relating to conduct that occurred before the effective date of this
Act are governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
(b) If the conduct violating a penal law for which a person
was placed on probation occurred before September 1, 2011, the
hearing required by Section 54.051, Family Code, must be conducted
before the person's 18th birthday and is governed by the law in
effect on the date the conduct occurred, and the former law is
continued in effect for that purpose.
(c) The change in law made by this article to Section
58.0052, Family Code, applies to the sharing of information on or
after the effective date of this Act, without regard to whether the
information was compiled before, on, or after that date.
(d) For purposes of this section, conduct violating a penal
law occurred before a certain date if any element of the conduct
occurred before that date.
ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
RESPONSIBILITY
SECTION 5.01. Section 79.001(10), Government Code, is
amended to read as follows:
(10) "Juvenile offense" means conduct committed by a
person while younger than 18 [17] years of age that constitutes:
(A) a misdemeanor punishable by confinement; or
(B) a felony.
SECTION 5.02. Section 511.009(a), Government Code, is
amended to read as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if
necessary;
(6) provide to local government officials
consultation on and technical assistance for county jails;
(7) review and comment on plans for the construction
and major modification or renovation of county jails;
(8) require that the sheriff and commissioners of each
county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8)
and require commission employees to inspect county jails regularly
to ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(12) require that the chief jailer of each municipal
lockup submit to the commission, on a form prescribed by the
commission, an annual report of persons under 18 [17] years of age
securely detained in the lockup, including all information
necessary to determine compliance with state law concerning secure
confinement of children in municipal lockups;
(13) at least annually determine whether each county
jail is in compliance with the rules and procedures adopted under
this chapter;
(14) require that the sheriff and commissioners court
of each county submit to the commission, on a form prescribed by the
commission, an annual report of persons under 18 [17] years of age
securely detained in the county jail, including all information
necessary to determine compliance with state law concerning secure
confinement of children in county jails;
(15) schedule announced and unannounced inspections
of jails under the commission's jurisdiction using the risk
assessment plan established under Section 511.0085 to guide the
inspections process;
(16) adopt a policy for gathering and distributing to
jails under the commission's jurisdiction information regarding:
(A) common issues concerning jail
administration;
(B) examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
(C) solutions to operational challenges for
jails;
(17) report to the Texas Correctional Office on
Offenders with Medical or Mental Impairments on a jail's compliance
with Article 16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures
establishing minimum requirements for jails to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan
addresses medical and mental health care, including nutritional
requirements, and any special housing or work assignment needs for
persons who are confined in the jail and are known or determined to
be pregnant; and
(19) provide guidelines to sheriffs regarding
contracts between a sheriff and another entity for the provision of
food services to or the operation of a commissary in a jail under
the commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety.
SECTION 5.03. Section 521.201, Transportation Code, is
amended to read as follows:
Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
department may not issue any license to a person who:
(1) is under 15 years of age;
(2) is under 18 years of age unless the person complies
with the requirements imposed by Section 521.204;
(3) is shown to be addicted to the use of alcohol, a
controlled substance, or another drug that renders a person
incapable of driving;
(4) holds a driver's license issued by this state or
another state or country that is revoked, canceled, or under
suspension;
(5) has been determined by a judgment of a court to be
totally incapacitated or incapacitated to act as the operator of a
motor vehicle unless the person has, by the date of the license
application, been:
(A) restored to capacity by judicial decree; or
(B) released from a hospital for the mentally
incapacitated on a certificate by the superintendent or
administrator of the hospital that the person has regained
capacity;
(6) the department determines to be afflicted with a
mental or physical disability or disease that prevents the person
from exercising reasonable and ordinary control over a motor
vehicle while operating the vehicle on a highway, except that a
person may not be refused a license because of a physical defect if
common experience shows that the defect does not incapacitate a
person from safely operating a motor vehicle;
(7) has been reported by a court under Section
521.3452 for failure to appear unless the court has filed an
additional report on final disposition of the case; or
(8) has been reported by a court for failure to appear
or default in payment of a fine for a misdemeanor that is not
covered under Subdivision (7) and that is punishable by a fine only,
including a misdemeanor under a municipal ordinance, committed by a
person who was under 18 [17] years of age at the time of the alleged
offense, unless the court has filed an additional report on final
disposition of the case.
SECTION 5.04. Section 521.294, Transportation Code, is
amended to read as follows:
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
REVOCATION. The department shall revoke the person's license if
the department determines that the person:
(1) is incapable of safely operating a motor vehicle;
(2) has not complied with the terms of a citation
issued by a jurisdiction that is a party to the Nonresident Violator
Compact of 1977 for a traffic violation to which that compact
applies;
(3) has failed to provide medical records or has
failed to undergo medical or other examinations as required by a
panel of the medical advisory board;
(4) has failed to pass an examination required by the
director under this chapter;
(5) has been reported by a court under Section
521.3452 for failure to appear unless the court files an additional
report on final disposition of the case;
(6) has been reported within the preceding two years
by a justice or municipal court for failure to appear or for a
default in payment of a fine for a misdemeanor punishable only by
fine, other than a failure reported under Section 521.3452,
committed by a person who is at least 14 years of age but younger
than 18 [17] years of age when the offense was committed, unless the
court files an additional report on final disposition of the case;
or
(7) has committed an offense in another state or
Canadian province that, if committed in this state, would be
grounds for revocation.
SECTION 5.05. Section 521.294(6), Transportation Code, as
amended by this article, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. This Act takes effect September 1, 2015.