Relating to status offenses committed by a child, including the repeal of the status offense of a child voluntarily running away from home.

89(R) HB 4923 - Introduced version - Bill Text

89R1558 MCF-D

By: Moody

H.B. No. 4923

A BILL TO BE ENTITLED

AN ACT

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 45A.463(g), Code of Criminal Procedure,

is amended to read as follows:

(g) 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 those subdivisions 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)

[
51.03(b)(6)
], Family Code, while the person was a child.

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
[
engaged in conduct indicating a

need for supervision under Section 51.03(b)(2), Family Code
].

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
[
for
] conduct
a child

commits
that would not, under state law, be a crime if committed by

an adult, including:

(A) [
running away from home under Section

51.03(b)(2);

[
(B)
] a fineable only offense under Section

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)
[
(C)
] a violation of standards of student

conduct as described by Section
51.03(b)(3)
[
51.03(b)(4)
];

(C)
[
(D)
] a violation of a provision of the

Alcoholic Beverage Code applicable to minors only; or

(D)
[
(E)
] a violation of any other fineable only

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) [
the voluntary absence of a child from the child's

home without the consent of the child's parent or guardian for a

substantial length of time or without intent to return;

[
(3)
] conduct prohibited by city ordinance or by state

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)
[
(4)
] an act that violates a school district's

previously communicated written standards of student conduct for

which the child has been expelled under Section 37.007(c),

Education Code;

(4)
[
(5)
] notwithstanding Subsection (a)(1), conduct

described by Section 43.02 or 43.021, Penal Code;

(5)
[
(6)
] notwithstanding Subsection (a)(1), conduct

that violates Section 43.261, Penal Code; or

(6)
[
(7)
] notwithstanding Subsection (a)(1), conduct

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)

[
51.03(b)(6)
] is a conviction only for the purposes of Sections

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; [
or
]

(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 45A.453(d), (e), and (f), 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 [
status offender or
]

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

[
status offender or
] nonoffender from secure detention.

(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

[
other than as provided under Subsection (n)
], be placed in a

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)

[
51.03(b)(6)
], the juvenile court may enter an order requiring the

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)

[
51.03(b)(3) or (4)
] or a Class A or B misdemeanor, the sanction

level is one;

(2) for conduct indicating a need for supervision

under Section
51.03(b)(2) or (3)
[
51.03(b)(3) or (4)
] or a Class A

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, 2025.