88R891 ADM-D     By: Miles S.B. No. 1385       A BILL TO BE ENTITLED   AN ACT   relating to the age of a child at which a juvenile court may   exercise jurisdiction over the child and to the minimum age of   criminal responsibility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 45.058(h), Code of Criminal Procedure,   is amended to read as follows:          (h)  In this article, "child" means a person who is:                (1)  at least 12 [10] years of age and younger than 17   years of age; and                (2)  charged with or convicted of an offense that a   justice or municipal court has jurisdiction of under Article 4.11   or 4.14.          SECTION 2.  Section 37.141(1), Education Code, is amended to   read as follows:                (1)  "Child" means a person who is:                      (A)  a student; and                      (B)  at least 12 [10] years of age and younger than   18 years of age.          SECTION 3.  Section 51.02(2), Family Code, is amended to   read as follows:                (2)  "Child" means a person who is:                      (A)  10 [ten] years of age or older and under 18   [17] years of age who is alleged or found to have engaged in conduct   that violates a penal law of the grade of felony as a result of acts   committed before becoming 12 years of age; or                      (B)  12 [seventeen] years of age or older and   under 18 years of age who is alleged or found to have engaged in   delinquent conduct or conduct indicating a need for supervision as   a result of acts committed after becoming 12 years of age and before   becoming 17 years of age.          SECTION 4.  Section 52.02, Family Code, is amended by adding   Subsection (e) to read as follows:          (e)  A child younger than 12 years of age must be released   from custody in accordance with Subsection (a)(1) unless the child   poses an immediate threat to public safety or to the child's own   safety.          SECTION 5.  Sections 53.01(b) and (b-1), Family Code, are   amended to read as follows:          (b)  Except as provided by Subsection (b-1), if [If] it is   determined that the person is not a child or there is no probable   cause, the person shall immediately be released.          (b-1)  The person who is conducting the preliminary   investigation may [shall], as appropriate, refer the child's case   to a community resource coordination group, a local-level   interagency staffing group, or other community juvenile services    [service] provider for services under Section 53.011, if the person   determines that:                (1)  the child is younger than 12 years of age;                (2)  the child is not subject to the jurisdiction of a   juvenile court because the child is not alleged to have engaged in   conduct that violates a penal law of the grade of felony as a result   of acts committed before becoming 12 years of age [there is probable   cause to believe the child engaged in delinquent conduct or conduct   indicating a need for supervision;                [(3)  the child's case does not require referral to the   prosecuting attorney under Subsection (d) or (f);                [(4)  the child is eligible for deferred prosecution   under Section 53.03]; and                (3) [(5)]  the child and the child's family are not   currently receiving services under Section 53.011 and would benefit   from receiving the services.          SECTION 6.  Section 53.011(b), Family Code, is amended to   read as follows:          (b)  On receipt of a referral under Section 53.01(b-1) or   54.015(f), a community resource coordination group, a local-level   interagency staffing group, or another community juvenile services   provider shall evaluate the child's case and make recommendations   to the juvenile probation department for appropriate services for   the child and the child's family.          SECTION 7.  Chapter 54, Family Code, is amended by adding   Section 54.015 to read as follows:          Sec. 54.015.  JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN   12 YEARS OF AGE. (a) On request of any party, a court shall hold a   jurisdictional hearing without a jury to determine whether to   retain jurisdiction over a child younger than 12 years of age.          (b)  A hearing under this section must be held:                (1)  if the child was not released under Section 53.02,   immediately before considering whether to release the child at the   detention hearing under Section 54.01; or                (2)  if the child was not detained and the requirements   of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied,   immediately before the hearing on the petition.          (c)  At a hearing under this section, the court must   determine whether to retain jurisdiction over the child by   considering whether:                (1)  probable cause exists to believe the child engaged   in conduct that violates a penal law of the grade of felony;                (2)  normal interventions by the child's parent,   guardian, or family, child protective services, or the child's   school will be sufficient to ensure the safety of the public and of   the child;                (3)  intervention by the court is warranted; and                (4)  it is in the best interest of the child for the   court to intervene.          (d)  If the court retains jurisdiction over a child under   this section, the court may proceed with the detention hearing   under Section 54.01 or an adjudication hearing under Section 54.03,   as applicable.          (e)  If the court waives jurisdiction over the child, the   court shall immediately dismiss the child and the charges against   the child. A waiver under this section is a waiver of jurisdiction   over the child only for the dismissed charges.          (f)  If the court waives jurisdiction over the child, the   court shall notify the person who conducted the preliminary   investigation of the child under Section 53.01 of the court's   waiver of jurisdiction. The person may, as appropriate, refer the   child's case to a community resource coordination group,   local-level interagency staffing group, or other community   juvenile services provider for services under Section 53.011.          SECTION 8.  Sections 8.07(d) and (e), Penal Code, are   amended to read as follows:          (d)  Notwithstanding Subsection (a), a person may not be   prosecuted for or convicted of an offense described by Subsection   (a)(4) or (5) that the person committed when younger than 12 [10]   years of age.          (e)  A person who is at least 12 [10] years of age but younger   than 15 years of age is presumed incapable of committing an offense   described by Subsection (a)(4) or (5), other than an offense under a   juvenile curfew ordinance or order. This presumption may be   refuted if the prosecution proves to the court by a preponderance of   the evidence that the actor had sufficient capacity to understand   that the conduct engaged in was wrong at the time the conduct was   engaged in. The prosecution is not required to prove that the actor   at the time of engaging in the conduct knew that the act was a   criminal offense or knew the legal consequences of the offense.          SECTION 9.  The following provisions are repealed:                (1)  Article 45.058(j), Code of Criminal Procedure;                (2)  Sections 37.124(d) and 37.126(c), Education Code;                (3)  Section 53.011(d), Family Code; and                (4)  Section 42.01(f), Penal Code.          SECTION 10.  The changes in law made by this Act apply only   to an offense committed or conduct 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 11.  This Act takes effect September 1, 2023.