87R19297 ADM-F     By: Wu H.B. No. 2108     Substitute the following for H.B. No. 2108:     By:  Ramos C.S.H.B. No. 2108       A BILL TO BE ENTITLED   AN ACT   relating to the waiver of jurisdiction and discretionary transfer   of a child from a juvenile court to a criminal court.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 54.02, Family Code, is amended by   amending Subsections (d), (f), (h), (l), and (n) and adding   Subsections (d-1) and (d-2) to read as follows:          (d)  Prior to the hearing, the juvenile court shall admonish   the child in open court and in the presence of the child's counsel   regarding:                (1)  the court's consideration of waiving its   jurisdiction over the child and transferring the child to criminal   court for criminal proceedings; and                (2)  the child's right to participate or to decline to   participate in any diagnostic study, social evaluation, or   investigation ordered by the juvenile court under Subsection (d-1).          (d-1)  After the admonishment under Subsection (d), the   juvenile court shall order [and obtain] a complete diagnostic   study, social evaluation, and full investigation of the child, the   child's [his] circumstances, and the circumstances of the alleged   offense and shall set the date of the transfer hearing. If the   child declines to participate in a study, evaluation, or   investigation, the attorney for the child shall state the refusal   to the court in open court or in writing not later than the fifth   business day after the date the court ordered the study,   evaluation, or investigation.          (d-2)  In a hearing under this section, a presumption exists   that it is in the best interest of the child and of justice that the   juvenile court retain jurisdiction over the child. The burden is on   the state to overcome this presumption.          (f)  In making the determination required by Subsection (a)   of this section, the court shall consider, among other matters:                (1)  whether the alleged offense was against person or   property, with greater weight in favor of transfer given to   offenses against the person;                (2)  the sophistication and maturity of the child;                (3)  the record and previous history of the child;   [and]                (4)  the prospects of adequate protection of the public   and the likelihood of the rehabilitation of the child by use of   procedures, services, and facilities currently available to the   juvenile court;                (5)  the substantive requirements for waiving   jurisdiction;                (6)  relevant information ascertained in the full   investigation of the child; and                (7)  the benefits or harm of retaining the child in the   juvenile justice system.          (h)  If the juvenile court waives jurisdiction, it shall   state specifically in the order its reasons for waiver. The   statement of reasons must set forth a rational basis for the waiver   of jurisdiction, with sufficient specificity to permit meaningful   review, and must include case-specific findings of fact that do not   rely solely upon the nature or seriousness of the offense. The   court shall [and] certify its action, including the written order   and findings of the court, and shall transfer the person to the   appropriate court for criminal proceedings and cause the results of   the diagnostic study of the person ordered under Subsection (d-1)   [(d)], including psychological information, to be transferred to   the appropriate criminal prosecutor. On transfer of the person for   criminal proceedings, the person shall be dealt with as an adult and   in accordance with the Code of Criminal Procedure, except that if   detention in a certified juvenile detention facility is authorized   under Section 152.0015, Human Resources Code, the juvenile court   may order the person to be detained in the facility pending trial or   until the criminal court enters an order under Article 4.19, Code of   Criminal Procedure. A transfer of custody made under this   subsection is an arrest.          (l)  The juvenile court shall conduct a hearing without a   jury to consider waiver of jurisdiction under Subsection (j).   Except as otherwise provided by this subsection, a waiver of   jurisdiction under Subsection (j) may be made without the necessity   of conducting the diagnostic study [or complying with the   requirements of discretionary transfer proceedings] under   Subsection (d-1) [(d)]. If requested by the attorney for the person   at least 10 days before the transfer hearing, the court shall order   that the person be examined pursuant to Section 51.20(a) and that   the results of the examination be provided to the attorney for the   person and the attorney for the state at least five days before the   transfer hearing.          (n)  A mandatory transfer under Subsection (m) may be made   without conducting the study required in discretionary transfer   proceedings by Subsection (d-1) [(d)]. The requirements of   Subsection (b) that the summons state that the purpose of the   hearing is to consider discretionary transfer to criminal court   does not apply to a transfer proceeding under Subsection (m). In a   proceeding under Subsection (m), it is sufficient that the summons   provide fair notice that the purpose of the hearing is to consider   mandatory transfer to criminal court.          SECTION 2.  Section 54.02, 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 3.  This Act takes effect September 1, 2021.