Bill Text: TX HB77 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to State Affairs [HB77 Detail]
Download: Texas-2023-HB77-Comm_Sub.html
Bill Title: Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to State Affairs [HB77 Detail]
Download: Texas-2023-HB77-Comm_Sub.html
88R222 ADM-D | ||
By: Neave Criado | H.B. No. 77 |
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relating to status offenses committed by a child, including the | ||
repeal of the status offense of a child voluntarily running away | ||
from home. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 45.0216(f), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(f) The court shall order the conviction, together with all | ||
complaints, verdicts, sentences, and prosecutorial and law | ||
enforcement records, and any other documents relating to the | ||
offense, expunged from the person's record if the court finds that: | ||
(1) for a person applying for the expunction of a | ||
conviction for an offense described by Section 8.07(a)(4) or (5), | ||
Penal Code, the person was not convicted of any other offense | ||
described by Section 8.07(a)(4) or (5), Penal Code, while the | ||
person was a child; and | ||
(2) for a person applying for the expunction of a | ||
conviction for an offense described by Section 43.261, Penal Code, | ||
the person was not found to have engaged in conduct indicating a | ||
need for supervision described by Section 51.03(b)(5) | ||
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SECTION 2. Section 33.051(2), Education Code, is amended to | ||
read as follows: | ||
(2) "Missing child" means a child whose whereabouts | ||
are unknown to the legal custodian of the child and: | ||
(A) the circumstances of whose absence indicate | ||
that the child did not voluntarily leave the care and control of the | ||
custodian and that the taking of the child was not authorized by | ||
law; or | ||
(B) the child has voluntarily left the child's | ||
home without the consent of the custodian for a substantial length | ||
of time or without intent to return [ |
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SECTION 3. Section 51.02, Family Code, is amended by | ||
amending Subdivision (15) and adding Subdivision (15-a) to read as | ||
follows: | ||
(15) "Status offender" means a child who is accused, | ||
adjudicated, or convicted of a status offense. | ||
(15-a) "Status offense" means [ |
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commits that would not, under state law, be a crime if committed by | ||
an adult, including: | ||
(A) [ |
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[ |
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51.03(b)(1) transferred to the juvenile court under Section | ||
51.08(b), but only if the conduct constituting the offense would | ||
not have been criminal if engaged in by an adult; | ||
(B) [ |
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conduct as described by Section 51.03(b)(3) [ |
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(C) [ |
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ordinance or order; | ||
(D) [ |
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Alcoholic Beverage Code applicable to minors only; or | ||
(E) [ |
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offense under Section 8.07(a)(4) or (5), Penal Code, but only if the | ||
conduct constituting the offense would not have been criminal if | ||
engaged in by an adult. | ||
SECTION 4. Section 51.03(b), Family Code, is amended to | ||
read as follows: | ||
(b) Conduct indicating a need for supervision is: | ||
(1) subject to Subsection (f), conduct, other than a | ||
traffic offense, that violates: | ||
(A) the penal laws of this state of the grade of | ||
misdemeanor that are punishable by fine only; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) [ |
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[ |
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law involving the inhalation of the fumes or vapors of paint and | ||
other protective coatings or glue and other adhesives and the | ||
volatile chemicals itemized in Section 485.001, Health and Safety | ||
Code; | ||
(3) [ |
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previously communicated written standards of student conduct for | ||
which the child has been expelled under Section 37.007(c), | ||
Education Code; | ||
(4) [ |
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described by Section 43.02 or 43.021, Penal Code; | ||
(5) [ |
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that violates Section 43.261, Penal Code; or | ||
(6) [ |
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that violates Section 42.0601, Penal Code, if the child has not | ||
previously been adjudicated as having engaged in conduct violating | ||
that section. | ||
SECTION 5. Section 51.12, Family Code, is amended by adding | ||
Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding any other provision of this section, | ||
a child may only be detained in an office or place described by | ||
Subsection (a)(1) or (2) or a nonsecure correctional facility that | ||
meets the conditions of Subsections (j-1)(1), (3), and (4) if the | ||
child is accused only of a status offense. | ||
SECTION 6. Section 51.13(e), Family Code, is amended to | ||
read as follows: | ||
(e) A finding that a child engaged in conduct indicating a | ||
need for supervision as described by Section 51.03(b)(5) | ||
[ |
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43.261(c) and (d), Penal Code. | ||
SECTION 7. Section 52.02(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (c), a person taking a | ||
child into custody, without unnecessary delay and without first | ||
taking the child to any place other than a juvenile processing | ||
office designated under Section 52.025, shall do one of the | ||
following: | ||
(1) release the child to a parent, guardian, custodian | ||
of the child, or other responsible adult upon that person's promise | ||
to bring the child before the juvenile court as requested by the | ||
court; | ||
(2) bring the child before the office or official | ||
designated by the juvenile board if there is probable cause to | ||
believe that the child engaged in delinquent conduct, conduct | ||
indicating a need for supervision, or conduct that violates a | ||
condition of probation imposed by the juvenile court; | ||
(3) bring the child to a detention facility designated | ||
by the juvenile board; | ||
(4) bring the child to a secure detention facility as | ||
provided by Section 51.12(j), unless the child is accused only of a | ||
status offense; | ||
(5) bring the child to a medical facility if the child | ||
is believed to suffer from a serious physical condition or illness | ||
that requires prompt treatment; | ||
(6) dispose of the case under Section 52.03; [ |
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(7) if school is in session and the child is a student, | ||
bring the child to the school campus to which the child is assigned | ||
if the principal, the principal's designee, or a peace officer | ||
assigned to the campus agrees to assume responsibility for the | ||
child for the remainder of the school day; or | ||
(8) if the child is accused only of a status offense: | ||
(A) bring the child to a place of nonsecure | ||
custody in compliance with Articles 45.058(c), (d), and (e), Code | ||
of Criminal Procedure; or | ||
(B) if a juvenile processing office or place of | ||
nonsecure custody is not available, bring the child to a nonsecure | ||
correctional facility that meets the conditions of Sections | ||
51.12(j-1)(1), (3), and (4). | ||
SECTION 8. Section 54.011, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The detention hearing for a [ |
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nonoffender who has not been released administratively under | ||
Section 53.02 shall be held before the 24th hour after the time the | ||
child arrived at a detention facility, excluding hours of a weekend | ||
or a holiday. Except as otherwise provided by this section, the | ||
judge or referee conducting the detention hearing shall release the | ||
[ |
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(a-1) If a child is accused only of a status offense, the | ||
child may not be detained at a place of nonsecure custody for longer | ||
than six hours, or at a nonsecure correctional facility for longer | ||
than 24 hours, after the time the child arrived at the place of | ||
detention. If the child is not released before the sixth hour after | ||
the time the child arrived at the place of detention, the child is | ||
entitled to a detention hearing that must be held before the 24th | ||
hour after the time the child arrived at the place of detention, | ||
excluding weekends and holidays. Except as otherwise provided by | ||
this section, the judge or referee conducting the detention hearing | ||
shall release the child from detention. | ||
SECTION 9. Section 54.04(o), Family Code, is amended to | ||
read as follows: | ||
(o) In a disposition under this title: | ||
(1) a status offender may not, under any | ||
circumstances, be committed to the Texas Juvenile Justice | ||
Department for engaging in conduct that would not, under state or | ||
local law, be a crime if committed by an adult; | ||
(2) a status offender may not, under any circumstances | ||
[ |
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post-adjudication secure correctional facility; and | ||
(3) a child adjudicated for contempt of a county, | ||
justice, or municipal court order may not, under any circumstances, | ||
be placed in a post-adjudication secure correctional facility or | ||
committed to the Texas Juvenile Justice Department for that | ||
conduct. | ||
SECTION 10. Section 54.0404(a), Family Code, is amended to | ||
read as follows: | ||
(a) If a child is found to have engaged in conduct | ||
indicating a need for supervision described by Section 51.03(b)(5) | ||
[ |
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child to attend and successfully complete an educational program | ||
described by Section 37.218, Education Code, or another equivalent | ||
educational program. | ||
SECTION 11. Section 59.003(a), Family Code, is amended to | ||
read as follows: | ||
(a) Subject to Subsection (e), after a child's first | ||
commission of delinquent conduct or conduct indicating a need for | ||
supervision, the probation department or prosecuting attorney may, | ||
or the juvenile court may, in a disposition hearing under Section | ||
54.04 or a modification hearing under Section 54.05, assign a child | ||
one of the following sanction levels according to the child's | ||
conduct: | ||
(1) for conduct indicating a need for supervision, | ||
other than conduct described in Section 51.03(b)(2) or (3) | ||
[ |
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level is one; | ||
(2) for conduct indicating a need for supervision | ||
under Section 51.03(b)(2) or (3) [ |
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or B misdemeanor, other than a misdemeanor involving the use or | ||
possession of a firearm, or for delinquent conduct under Section | ||
51.03(a)(2), the sanction level is two; | ||
(3) for a misdemeanor involving the use or possession | ||
of a firearm or for a state jail felony or a felony of the third | ||
degree, the sanction level is three; | ||
(4) for a felony of the second degree, the sanction | ||
level is four; | ||
(5) for a felony of the first degree, other than a | ||
felony involving the use of a deadly weapon or causing serious | ||
bodily injury, the sanction level is five; | ||
(6) for a felony of the first degree involving the use | ||
of a deadly weapon or causing serious bodily injury, for an | ||
aggravated controlled substance felony, or for a capital felony, | ||
the sanction level is six; or | ||
(7) for a felony of the first degree involving the use | ||
of a deadly weapon or causing serious bodily injury, for an | ||
aggravated controlled substance felony, or for a capital felony, if | ||
the petition has been approved by a grand jury under Section 53.045, | ||
or if a petition to transfer the child to criminal court has been | ||
filed under Section 54.02, the sanction level is seven. | ||
SECTION 12. The following provisions of the Family Code are | ||
repealed: | ||
(1) Sections 51.03(e) and 54.04(n); and | ||
(2) Section 58.0022. | ||
SECTION 13. The changes in law made by this Act apply only | ||
to conduct that occurs on or after the effective date of this Act. | ||
Conduct that occurs before the effective date of this Act is | ||
governed by the law in effect on the date the conduct occurred, and | ||
the former law is continued in effect for that purpose. For the | ||
purposes of this section, conduct occurred before the effective | ||
date of this Act if any element of the conduct occurred before that | ||
date. | ||
SECTION 14. This Act takes effect September 1, 2023. |