85R14212 MK-F     By: Dutton H.B. No. 3594       A BILL TO BE ENTITLED   AN ACT   relating to procedures related to juvenile justice proceedings;   increasing the punishment for certain delinquent conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 4.19(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  Notwithstanding the order of a juvenile court to detain   a person under the age of 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 person under the age of 17 [child] who is   transferred to an adult facility must be detained under conditions   meeting the requirements of Section 51.12(f) [51.12], Family Code.          SECTION 2.  Sections 51.02(2) and (8-a), Family Code, are   amended to read as follows:                (2)  "Child" means a person who is:                      (A)  ten years of age or older and under 17 years   of age; or                      (B)  under the jurisdiction of a juvenile court,   is seventeen years of age or older and under 19 [18] years of age,   and [who] is alleged or found to have engaged in delinquent conduct   or conduct indicating a need for supervision as a result of acts   committed before becoming 17 years of age.                (8-a)  "Nonsecure correctional facility" means any   public or private residential [a] facility, other than a secure   detention or correctional facility, that only accepts juveniles   who:                      (A)  are on probation;                      (B)  have been detained in compliance with Section   53.02, 54.01, or 54.011; or                      (C)  have been placed at the facility as a   condition of court-ordered deferred adjudication or prosecution   under Section 53.03 [described by Section 51.126].          SECTION 3.  Section 51.12, Family Code, is amended by adding   Subsection (g-1) to read as follows:          (g-1)  Subsection (g) does not apply to a person under 17   years of age who:                (1)  has been transferred to a criminal court for   prosecution under Section 54.02; and                (2)  is detained in an adult jail or lockup pending   trial.           SECTION 4.  Sections 52.0151(b) and (c), Family Code, are   amended to read as follows:          (b)  The court may order that the person who is the witness be   detained in a certified juvenile detention facility [if the person   is younger than 17 years of age]. If the person is at least 17 years   of age and in the custody of the Texas Juvenile Justice Department   or a post-adjudication secure correctional facility operated under   Section 152.0016, Human Resources Code, the court may order that   the person be detained without bond in an appropriate county   facility for the detention of adults accused of criminal offenses.          (c)  A witness held in custody under this section may be   placed in a certified juvenile detention facility or a county   facility for a period not to exceed 30 days. The length of placement   may be extended in 30-day increments by the court that issued the   original bench warrant. If the placement is not extended, the   period under this section expires and the witness shall [may] be   returned as provided by Subsection (a).          SECTION 5.  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   constitutes habitual felony conduct as described by Section 51.031   or that included the violation of any of the following provisions:                (1)  Section 19.02, Penal Code (murder);                (2)  Section 19.03, Penal Code (capital murder);                (3)  Section 19.04, Penal Code (manslaughter);                (4)  Section 20.04, Penal Code (aggravated   kidnapping);                (5)  Section 22.011, Penal Code (sexual assault) or   Section 22.021, Penal Code (aggravated sexual assault);                (6)  Section 22.02, Penal Code (aggravated assault);                (7)  Section 29.03, Penal Code (aggravated robbery);                (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;                (9)  Section 22.05(b), Penal Code (felony deadly   conduct involving discharging a firearm);                (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);                (11)  Section 15.03, Penal Code (criminal   solicitation);                (12)  Section 21.11(a)(1), Penal Code (indecency with a   child);                (13)  Section 15.031, Penal Code (criminal   solicitation of a minor);                (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;                (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;                (16)  Section 49.08, Penal Code (intoxication   manslaughter); [or]                (17)  Section 30.02, Penal Code (burglary), if the   offense is punishable under Section 30.02(d), Penal Code, and the   actor committed the offense with intent to commit a felony under   Section 21.11, 22.011, 22.021, or 22.02, Penal Code; or                 (18)  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 Subdivisions (1)   through (17) [(16)].          SECTION 6.  Section 54.04(d), Family Code, is amended to   read as follows:          (d)  If the court or jury makes the finding specified in   Subsection (c) allowing the court to make a disposition in the case:                (1)  the court or jury may, in addition to any order   required or authorized under Section 54.041 or 54.042, place the   child on probation on such reasonable and lawful terms as the court   may determine:                      (A)  in the child's own home or in the custody of a   relative or other fit person; or                      (B)  subject to the finding under Subsection (c)   on the placement of the child outside the child's home, in:                            (i)  a suitable foster home;                            (ii)  a suitable public or private   residential treatment facility licensed by a state governmental   entity or exempted from licensure by state law, except a facility   operated by the Texas Juvenile Justice Department; [or]                            (iii)  a suitable public or private   post-adjudication secure correctional facility that meets the   requirements of Section 51.125, except a facility operated by the   Texas Juvenile Justice Department; or                            (iv)  a suitable public or private nonsecure   correctional facility that meets the requirements of Section   51.126, other than a nonsecure facility operated by the Texas   Juvenile Justice Department;                (2)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that violates a penal law of this state or the United States of the   grade of felony, the court or jury made a special commitment finding   under Section 54.04013, and the petition was not approved by the   grand jury under Section 53.045, the court may commit the child to   the Texas Juvenile Justice Department under Section 54.04013, or a   post-adjudication secure correctional facility under Section   54.04011(c)(1), as applicable, without a determinate sentence;                (3)  if the court or jury found at the conclusion of the   adjudication hearing that the child engaged in delinquent conduct   that included a violation of a penal law listed in Section 53.045(a)   and if the petition was approved by the grand jury under Section   53.045, the court or jury may sentence the child to commitment in   the Texas Juvenile Justice Department or a post-adjudication secure   correctional facility under Section 54.04011(c)(2) with a possible   transfer to the Texas Department of Criminal Justice for a term of:                      (A)  not more than 40 years if the conduct   constitutes:                            (i)  a capital felony;                            (ii)  a felony of the first degree; or                            (iii)  an aggravated controlled substance   felony;                      (B)  not more than 20 years if the conduct   constitutes a felony of the second degree; or                      (C)  not more than 10 years if the conduct   constitutes a felony of the third degree;                (4)  the court may assign the child an appropriate   sanction level and sanctions as provided by the assignment   guidelines in Section 59.003; or                (5)  [the court may place the child in a suitable   nonsecure correctional facility that is registered and meets the   applicable standards for the facility as provided by Section   51.126; or                [(6)]  if applicable, the court or jury may make a   disposition under Subsection (m) or Section 54.04011(c)(2)(A).          SECTION 7.  Section 61.0031(d), Family Code, is amended to   read as follows:          (d)  The juvenile court to which the order has been   transferred shall require the parent or other eligible person to   appear before the court to notify the parent or other eligible   person of the existence and terms of the order, unless the parent or   other eligible person [permanent supervision hearing under Section   51.073(c)] has [been] waived, in writing, the right to   appear.  Failure to do so renders the order unenforceable.          SECTION 8.  Section 261.401, Family Code, is amended by   adding Subsection (e) to read as follows:          (e)  In this section, for purposes of an investigation   conducted by the Texas Juvenile Justice Department, "child" means   an individual who is:                (1)  10 years of age or older and younger than 19 years   of age; and                (2)  committed to the department under Title 3.           SECTION 9.  Section 261.405(a), Family Code, is amended to   read as follows:          (a)  In this section:                (1)  "Child" means a person who is:                      (A)  10 years of age or older and younger than 19   years of age; and                      (B)  under the jurisdiction of a juvenile court.                (2)  "Juvenile justice facility" means a facility   operated wholly or partly by the juvenile board, by another   governmental unit, or by a private vendor under a contract with the   juvenile board, county, or other governmental unit that serves   juveniles under juvenile court jurisdiction.  The term includes:                      (A)  a public or private juvenile   pre-adjudication secure detention facility, including a holdover   facility;                      (B)  a public or private juvenile   post-adjudication secure correctional facility except for a   facility operated solely for children committed to the Texas   Juvenile Justice Department; and                      (C)  a public or private nonsecure [non-secure]   juvenile post-adjudication residential treatment facility that is   not licensed by the Department of Family and Protective Services or   the Department of State Health Services.                (3) [(2)]  "Juvenile justice program" means a program   or department operated wholly or partly by the juvenile board or by   a private vendor under a contract with a juvenile board that serves   juveniles under juvenile court jurisdiction.  The term includes:                      (A)  a juvenile justice alternative education   program;                      (B)  a non-residential program that serves   juvenile offenders under the jurisdiction of the juvenile court;   and                      (C)  a juvenile probation department.          SECTION 10.  Subchapter A, Chapter 152, Human Resources   Code, is amended by adding Section 152.0018 to read as follows:          Sec. 152.0018.  COORDINATION OF SERVICES FOR JUVENILES IN   CONSERVATORSHIP. A juvenile board or local juvenile probation   department and the Department of Family and Protective Services   shall plan and coordinate services for a child who is in the   conservatorship of the Department of Family and Protective Services   and subject to proceedings under Title 3, Family Code, including   services for a child who is:                (1)  released from detention under conditions provided   under Section 53.02(a), Family Code;                (2)  released from detention under conditions provided   under Section 54.01(f), Family Code, after a hearing conducted   under Section 54.01, Family Code;                (3)  detained as a result of a hearing conducted under   Section 54.01, Family Code;                (4)  placed in a secure correctional facility,   nonsecure correctional facility, or other placement, including a   placement that qualifies for funding under Title IV-E, Social   Security Act (42 U.S.C. Section 670 et seq.), by a juvenile court as   a condition of probation under Section 54.04(d), Family Code; or                (5)  placed on probation under Section 54.04, Family   Code, and released to the custody of the Department of Family and   Protective Services.          SECTION 11.  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 19   years of age who is committed to the department under Title 3,   Family Code.          SECTION 12.  Section 53.045(a), Family Code, as amended by   this Act, applies only to conduct violating a penal law that occurs   on or after the effective date of this Act. Conduct violating a   penal law that occurs before the effective date of this Act is   governed by the law in effect when the conduct occurred, and the   former law is continued in effect for that purpose. For purposes of   this section, conduct occurs before the effective date of this Act   if any element of the conduct occurs before the effective date.          SECTION 13.  This Act takes effect September 1, 2017.