Relating to procedures related to juvenile justice proceedings, the adjudication and disposition of cases involving delinquent conduct, and certain offenses or conduct committed by a child or by a person placed in or committed to certain juvenile facilities; changing the eligibility for community supervision.

89(R) SB 1727 - House Committee Report version - Bill Text

By: Perry, et al.

S.B. No. 1727

(Cook, Virdell, Louderback, Little, Money)

A BILL TO BE ENTITLED

AN ACT

relating to procedures related to juvenile justice proceedings, the

adjudication and disposition of cases involving delinquent

conduct, and certain offenses or conduct committed by a child or by

a person placed in or committed to certain juvenile facilities;

changing the eligibility for community supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 42A, Code of Criminal

Procedure, is amended by adding Article 42A.061 to read as follows:

Art.

42A.061.

PLACEMENT ON COMMUNITY SUPERVISION

PROHIBITED FOR CERTAIN OFFENSES COMMITTED IN CERTAIN JUVENILE

FACILITIES. Notwithstanding any other provision of this chapter, a

defendant is not eligible for community supervision, including

deferred adjudication community supervision, under this chapter

for an offense punishable as a felony committed:

(1)

when the defendant was at least 17 years of age;

and

(2) while the defendant was:

(A)

committed to the Texas Juvenile Justice

Department;

(B)

placed in a halfway house operated by or

under contract with the Texas Juvenile Justice Department; or

(C)

placed in a secure correctional facility or

secure detention facility, as defined by Section 51.02, Family

Code.

SECTION 2. Section 51.031(a), Family Code, is amended to

read as follows:

(a) Habitual felony conduct is conduct violating a penal law

of the grade of felony, other than a state jail felony, if:

(1) the child who engaged in the conduct has at least

one
[
two
] previous final
adjudication
[
adjudications
] as having

engaged in delinquent conduct violating a penal law of the grade of

felony;
and

(2) [
the second previous final adjudication is for

conduct that occurred after the date the first previous

adjudication became final; and

[
(3)
] all appeals relating to
at least one
[
the
]

previous
adjudication
[
adjudications
] considered under
Subdivision

[
Subdivisions
] (1) [
and (2)
] have been exhausted.

SECTION 3. Section 53.04(d), Family Code, is amended to

read as follows:

(d) The petition must state:

(1) with reasonable particularity the time, place, and

manner of the acts alleged and the penal law or standard of conduct

allegedly violated by the acts;

(2) the name, age, and residence address, if known, of

the child who is the subject of the petition;

(3) the names and residence addresses, if known, of

the parent, guardian, or custodian of the child and of the child's

spouse, if any;

(4) if the child's parent, guardian, or custodian does

not reside or cannot be found in the state, or if their places of

residence are unknown, the name and residence address of any known

adult relative residing in the county or, if there is none, the name

and residence address of the known adult relative residing nearest

to the location of the court; and

(5) if the child is alleged to have engaged in habitual

felony conduct, the previous
adjudication
[
adjudications
] in which

the child was found to have engaged in conduct violating
a
penal
law

[
laws
] of the grade of felony.

SECTION 4. Section 53.045(a), Family Code, is amended to

read as follows:

(a) Except as provided by Subsection (e), the prosecuting

attorney may refer the petition to the grand jury of the county in

which the court in which the petition is filed presides if the

petition alleges that the child engaged in delinquent conduct that
:

(1)
constitutes habitual felony conduct as described

by Section 51.031
;

(2)
[
or that
] included the violation of any of the

following provisions:

(A)
[
(1)
] Section 19.02, Penal Code (murder);

(B)
[
(2)
] Section 19.03, Penal Code (capital

murder);

(C)
[
(3)
] Section 19.04, Penal Code

(manslaughter);

(D)
[
(4)
] Section 20.04, Penal Code (aggravated

kidnapping);

(E)
[
(5)
] Section 22.011, Penal Code (sexual

assault) or Section 22.021, Penal Code (aggravated sexual assault);

(F)
[
(6)
] Section 22.02, Penal Code (aggravated

assault);

(G)
[
(7)
] Section 29.03, Penal Code (aggravated

robbery);

(H)
[
(8)
] Section 22.04, Penal Code (injury to a

child, elderly individual, or disabled individual), if the offense

is punishable as a felony, other than a state jail felony;

(I)
[
(9)
] Section 22.05(b), Penal Code (felony

deadly conduct involving discharging a firearm);

(J)
[
(10)
] Subchapter D, Chapter 481, Health and

Safety Code, if the conduct constitutes a felony of the first degree

or an aggravated controlled substance felony (certain offenses

involving controlled substances);

(K)
[
(11)
] Section 15.03, Penal Code (criminal

solicitation);

(L)
[
(12)
] Section 21.11(a)(1), Penal Code

(indecency with a child);

(M)
[
(13)
] Section 15.031, Penal Code (criminal

solicitation of a minor);

(N)
[
(14)
] Section 15.01, Penal Code (criminal

attempt), if the offense attempted was an offense under Section

19.02, Penal Code (murder), or Section 19.03, Penal Code (capital

murder), or an offense listed by Article 42A.054(a), Code of

Criminal Procedure;

(O)
[
(15)
] Section 28.02, Penal Code (arson), if

bodily injury or death is suffered by any person by reason of the

commission of the conduct;

(P)
[
(16)
] Section 49.08, Penal Code

(intoxication manslaughter); or

(Q)
[
(17)
] Section 15.02, Penal Code (criminal

conspiracy), if the offense made the subject of the criminal

conspiracy includes a violation of any of the provisions referenced

in
Paragraphs (A)
[
Subdivisions (1)
] through
(P); or

(3)

constitutes a felony of the first, second, or

third degree committed while the child was:

(A)

committed to the Texas Juvenile Justice

Department;

(B)

placed in a halfway house operated by or

under contract with the Texas Juvenile Justice Department; or

(C)

placed in a secure correctional facility or

secure detention facility, as defined by Section 51.02
[
(16)
].

SECTION 5. Section 54.05, Family Code, is amended by

amending Subsection (j) and adding Subsections (k), (k-1), and

(k-2) to read as follows:

(j) If, after conducting a hearing to modify disposition

without a jury, the court finds by a preponderance of the evidence

that a child violated a reasonable and lawful condition of

probation ordered under Section 54.04(q), the court may
:

(1)
modify the disposition to commit the child to the

Texas Juvenile Justice Department under Section 54.04(d)(3) [
or, if

applicable, a post-adjudication secure correctional facility

operated under Section 152.0016, Human Resources Code,
] for a term

that does not exceed the original sentence assessed by the court or

jury
; or

(2)

if the violation occurred on or after the child's

18th birthday, modify the disposition to transfer the child to:

(A)

the Texas Department of Criminal Justice for

a term that does not exceed the original sentence assessed by the

court or jury; or

(B)

an appropriate district court to be placed on

community supervision under Chapter 42A, Code of Criminal

Procedure, as provided by Section 54.051(e)
.

(k)

A court modifying a disposition under Subsection

(j)(2)(A) may consider:

(1)

the experiences and character of the child before

and after being placed on probation;

(2)

the nature of the conduct violating a penal law for

which the child was placed on probation and the manner in which the

conduct was engaged;

(3) the ability of the child to contribute to society;

(4)

the protection of the victim of the conduct for

which the child was placed on probation or of a family member of the

victim of that conduct;

(5)

the recommendations of the juvenile probation

department and the attorney representing the state;

(6) the best interests of the child; and

(7) any other factor the court considers relevant.

(k-1)

A court conducting a hearing under this section for

the purpose of modifying a disposition in the manner described by

Subsection (j)(2)(A) shall:

(1)

ensure the hearing is recorded by a court reporter

or by audio or video tape recording; and

(2)

retain the record of the hearing until the second

anniversary of the date the court issues an order regarding the

hearing.

(k-2)

A court may transfer a child to an appropriate

district court under Subsection (j)(2)(B) before the child's 19th

birthday.

SECTION 6. Section 54.051, Family Code, is amended by

amending Subsections (b), (d), (d-1), (e), (e-2), (f), and (i) and

adding Subsection (f-1) to read as follows:

(b) The hearing must be conducted before the person's 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.

(d)
Except as provided by Subsection (f-1), if
[
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 19th birthday.

(d-1) After a transfer to district court under
this section

or Section 54.05(j)(2)(B)
[
Subsection (d)
], only the petition, the

grand jury approval, the judgment concerning the conduct for which

the person was placed on determinate sentence probation, and the

transfer order are a part of the district clerk's public record.

(e) A district court that exercises jurisdiction over a

person transferred under
this section or Section 54.05(j)(2)(B)

[
Subsection (d)
] shall place the person on community supervision

under Chapter 42A, Code of Criminal Procedure, for the remainder of

the person's probationary period and under conditions consistent

with those ordered by the juvenile court.

(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
date the person was transferred to the district

court
[
person's 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 Article

42A.755(a), Code of Criminal Procedure.

(f) The juvenile court may transfer a child to an

appropriate district court as provided by
Subsection (d)
[
this

section
] without a showing that the child violated a condition of

probation ordered under Section 54.04(q).

(f-1)

If a motion filed under Subsection (a) includes an

allegation that, after the child's 18th birthday, the child

violated a condition of probation ordered under Section 54.04(q),

the juvenile court may hold a hearing to determine whether there is

probable cause to believe that the child committed the alleged

violation.

If the court determines that there is probable cause to

believe that the child committed the alleged violation, the court

may immediately transfer the child to an appropriate district

court.

(i) If the juvenile court exercises jurisdiction over a

person who is [
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 7. Section 54.052, Family Code, is amended to read

as follows:

Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY

FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only

to a child who is committed to[
:

[
(1)
] the Texas Juvenile Justice Department under a

determinate sentence under Section 54.04(d)(3) or (m) or Section

54.05(f)[
; or

[
(2)

a post-adjudication secure correctional facility

under a determinate sentence under Section 54.04011(c)(2)
].

(b) The judge of the court in which a child is adjudicated

shall give the child credit on the child's sentence for the time

spent by the child, in connection with the conduct for which the

child was adjudicated, in a secure detention facility before the

child's transfer to a Texas Juvenile Justice Department facility

[
or a post-adjudication secure correctional facility, as

applicable
].

(c) If a child appeals the child's adjudication
or

disposition
and is retained in a secure detention facility pending

the appeal, the judge of the court in which the child was

adjudicated shall give the child credit on the child's sentence for

the time spent by the child in a secure detention facility pending

disposition of the child's appeal. The court shall endorse on both

the commitment and the mandate from the appellate court all credit

given the child under this subsection.

(c-1)

Except as otherwise authorized by this section, a

judge may not give a child credit on the child's sentence.

(d) The Texas Juvenile Justice Department [
or the juvenile

board or local juvenile probation department operating or

contracting for the operation of the post-adjudication secure

correctional facility under Section 152.0016, Human Resources

Code, as applicable,
] shall grant any credit under this section in

computing the child's eligibility for [
parole and
] discharge
from

the department's custody for completion of the child's sentence
.

(e)

The Texas Juvenile Justice Department may not grant

credit under this section for the purpose of calculating the

minimum period of confinement for a child under Section 245.051(c),

Human Resources Code, for time spent by the child in a secure

detention facility before the date the child is committed to the

department.

(f)

The Texas Juvenile Justice Department shall grant

credit under this section for the purpose of calculating the

minimum period of confinement for a child under Section 245.051(c),

Human Resources Code, for time spent by the child in a secure

detention facility on or after the date the child is committed to

the department.

SECTION 8. Section 41.302, Government Code, is amended to

read as follows:

Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.

The special prosecution unit is an independent unit that
:

(1)
cooperates with and supports prosecuting

attorneys in prosecuting offenses and delinquent conduct described

by Article 104.003(a), Code of Criminal Procedure
; and

(2)

participates in a hearing described by Section

41.311
.

SECTION 9. Subchapter E, Chapter 41, Government Code, is

amended by adding Section 41.311 to read as follows:

Sec.

41.311.

HEARING TO RETURN CHILD TO INSTITUTION FOR

VIOLATION OF CONDITION OF RELEASE. (a)

At the request of the Texas

Juvenile Justice Department, a prosecuting attorney serving on the

unit may participate in a hearing regarding the return of a child to

an institution under Section 245.051(f)(1), Human Resources Code.

(b)

Except as provided by Subsection (c) and with the

consent of the Texas Juvenile Justice Department, a prosecuting

attorney serving on the unit may serve any role in a hearing

described by Subsection (a).

(c)

A prosecuting attorney serving on the unit may not

represent the child under this section.

SECTION 10. Section 244.014(a), Human Resources Code, is

amended to read as follows:

(a) After a child sentenced to commitment under Section

54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes
15
[
16
]

years of age but before the child becomes 19 years of age, the

department 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:

(1) the child has not completed the sentence; and

(2) the child's conduct, regardless of whether the

child was released under supervision under Section 245.051,

indicates that the welfare of the community requires the transfer.

SECTION 11. Section 245.051, Human Resources Code, is

amended by adding Subsection (h) to read as follows:

(h)

If a child is committed to the department under a

determinate sentence under Section 54.04(d)(3), Section 54.04(m),

or Section 54.05(f), Family Code, the department may not release

the child under supervision if the child:

(1)

is alleged by a pending petition to have engaged in

delinquent conduct violating a penal law of the grade of felony

during the child's commitment to the department; or

(2)

is under indictment for a felony committed during

the child's commitment to the department.

SECTION 12. Section 245.101, Human Resources Code, is

amended by amending Subsection (a) and adding Subsection (a-1) to

read as follows:

(a)
Except as provided by Subsection (a-1), after
[
After
] a

child who is committed to the department without a determinate

sentence completes the minimum length of stay established by the

department for the child under Section 243.002, the department

shall, in the manner provided by this section and Section 245.102:

(1) discharge the child from the custody of the

department;

(2) release the child under supervision under Section

245.051; or

(3) extend the length of the child's stay in the

custody of the department.

(a-1)

The department may not discharge a child from the

custody of the department or release a child under supervision as

provided by Subsection (a) if the child:

(1)

is alleged by a pending petition to have engaged in

delinquent conduct violating a penal law of the grade of felony

during the child's commitment to the department; or

(2)

is under indictment for a felony committed during

the child's commitment to the department.

SECTION 13. Section 245.102(a), Human Resources Code, is

amended to read as follows:

(a) A panel may extend the length of the child's stay as

provided by Section 245.101(a)(3) only if
:

(1)
the panel determines by majority vote and on the

basis of
a preponderance of the
[
clear and convincing
] evidence

that:

(A)
[
(1)
] the child is in need of additional

rehabilitation from the department; and

(B)
[
(2)
] the department will provide the most

suitable environment for that rehabilitation
; or

(2) the child:

(A)

is alleged by a pending petition to have

engaged in delinquent conduct violating a penal law of the grade of

felony during the child's commitment to the department; or

(B)

is under indictment for a felony committed

during the child's commitment to the department
.

SECTION 14. Section 38.112(a), Penal Code, is amended to

read as follows:

(a) A person who is required to submit to electronic

monitoring of the person's location as part of an electronic

monitoring program under Article 42.035, Code of Criminal

Procedure, or as a condition of community supervision, parole,

mandatory supervision, [
or
] release on bail
, probation imposed by a

juvenile court, release under supervision under Section 245.051,

Human Resources Code, or placement in a halfway house operated by or

under contract with the Texas Juvenile Justice Department
commits

an offense if the person knowingly removes or disables, or causes or

conspires or cooperates with another person to remove or disable, a

tracking device that the person is required to wear to enable the

electronic monitoring of the person's location.

SECTION 15. Section 51.031(c), Family Code, is repealed.

SECTION 16. (a) Except as otherwise provided by this

section, this Act applies only to conduct violating a penal law that

occurs or an offense committed on or after the effective date of

this Act. Conduct that occurred or an offense committed before the

effective date of this Act is covered by the law in effect at the

time the conduct occurred or the offense was committed, and the

former law is continued in effect for that purpose. For the

purposes of this section, conduct occurred or an offense was

committed before the effective date of this Act if any element of

the conduct or offense occurred before that date.

(b) Sections 54.05 and 54.051, Family Code, as amended by

this Act, apply to a child placed on probation on or after the

effective date of this Act, regardless of whether the conduct for

which the child was placed on probation was committed before, on, or

after the effective date of this Act.

(c) Section 41.311, Government Code, as added by this Act,

applies only to a hearing that occurs on or after the effective date

of this Act. A hearing that occurs before the effective date of

this Act is governed by the law in effect at the time the hearing

occurred, and the former law is continued in effect for that

purpose.

(d) Section 38.112, Penal Code, as amended by this Act,

applies only to an offense committed under that section or conduct

violating that section 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 17. This Act takes effect September 1, 2025.