88R5806 MCF-D     By: Leach H.B. No. 2687       A BILL TO BE ENTITLED   AN ACT   relating to the age at which a juvenile court may exercise   jurisdiction over a child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.02(2), Family Code, is amended to   read as follows:                (2)  "Child" means a person who is:                      (A)  10 years of age or older and under 13 years of   age who is alleged or found to have engaged in conduct that contains   the elements of any of the following offenses under the Penal Code:                            (i)  aggravated assault under Section 22.02,   sexual assault under Section 22.011, or aggravated sexual assault   under Section 22.021;                            (ii)  arson under Section 28.02;                            (iii)  murder under Section 19.02, capital   murder under Section 19.03, or criminal attempt under Section 15.01   to commit murder or capital murder;                            (iv)  indecency with a child under Section   21.11;                            (v)  aggravated kidnapping under Section   20.04;                            (vi)  aggravated robbery under Section   29.03;                            (vii)  manslaughter under Section 19.04;                            (viii)  criminally negligent homicide under   Section 19.05; or                            (ix)  continuous sexual abuse of young child   or disabled individual under Section 21.02;                      (B)  13 [ten] years of age or older and under 17   years of age; or                      (C)  17 [(B)  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 before becoming 17 years of age.          SECTION 2.  Chapter 54, Family Code, is amended by adding   Section 54.021 to read as follows:          Sec. 54.021.  WAIVER OF JURISDICTION FOR CHILD UNDER 13   YEARS OF AGE. (a)  The juvenile court must, before holding an   adjudication hearing, hold a hearing without a jury to determine   whether to waive its exclusive original jurisdiction over a child   under 13 years of age.          (b)  At a hearing under this section, the juvenile court   shall consider whether:                (1)  less restrictive interventions by the child's   parent, guardian, family, or school, or by child protective   services or county family and youth services, are available and   will be sufficient to ensure the safety of the public and of the   child;                (2)  intervention by the court is warranted; and                (3)  it is in the best interest of the child for the   court to intervene.          (c)  If the court elects not to waive its jurisdiction over a   child in a hearing under this section, the court shall state the   reasons for its decision in the order.          (d)  If the court elects to waive its jurisdiction over a   child in a hearing under this section, the court shall dismiss all   charges against the child. The court shall refer the child to the   person who conducted the preliminary investigation of the child   under Section 53.01 for a referral for services described by   Subsection (b)(1), as appropriate.          SECTION 3.  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 4.  This Act takes effect September 1, 2023.