By: Schwertner S.B. No. 2589     A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of juveniles who commit   certain felony offenses while committed to the custody of the Texas   Juvenile Justice Department and the waiver of jurisdiction and   discretionary transfer of a child from a juvenile court to a   criminal court; changing eligibility for community supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.054, Code of Criminal Procedure, is   amended by adding Subsection (b-1) to read as follows:          (b-1)  Article 42A.053 does not apply to a defendant if it is   shown that the defendant committed an offense punishable as a   felony when the defendant was:                (1)  at least 17 years of age;                (2)  committed to the Texas Juvenile Justice   Department; and                (3)  confined in a secure facility operated under   Subtitle C, Title 12, Human Resources Code.          SECTION 2.  Article 42A.056, Code of Criminal Procedure, is   amended to read as follows:          Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY   SUPERVISION.  A defendant is not eligible for community supervision   under Article 42A.055 if the defendant:                (1)  is sentenced to a term of imprisonment that   exceeds 10 years;                (2)  is convicted of a state jail felony for which   suspension of the imposition of the sentence occurs automatically   under Article 42A.551;                (3)  is adjudged guilty of an offense under Section   19.02, Penal Code;                (4)  is convicted of an offense under Section 21.11,   22.011, or 22.021, Penal Code, if the victim of the offense was   younger than 14 years of age at the time the offense was committed;                (5)  is convicted of an offense under Section 20.04,   Penal Code, if:                      (A)  the victim of the offense was younger than 14   years of age at the time the offense was committed; and                      (B)  the actor committed the offense with the   intent to violate or abuse the victim sexually;                (6)  is convicted of an offense under Section 20A.02,   20A.03, 43.04, 43.05, or 43.25, Penal Code;                (7)  is convicted of an offense for which punishment is   increased under Section 481.134(c), (d), (e), or (f), Health and   Safety Code, if it is shown that the defendant has been previously   convicted of an offense for which punishment was increased under   any of those subsections; [or]                (8)  is convicted of an offense under Section 481.1123,   Health and Safety Code, if the offense is punishable under   Subsection (d), (e), or (f) of that section; or                (9)  is convicted of an offense punishable as a felony   when the defendant was:                      (A)  at least 17 years of age;                      (B)  committed to the Texas Juvenile Justice   Department; and                      (C)  confined in a secure facility operated under   Subtitle C, Title 12, Human Resources Code.          SECTION 3.  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) through (P); or                (3)  constitutes a felony of the first, second, or   third degree committed while the child was committed to the Texas   Juvenile Justice Department [Subdivisions (1) through (16)].          SECTION 4.  Sections 54.02(a) and (j), Family Code, are   amended to read as follows:          (a)  The juvenile court may waive its exclusive original   jurisdiction and transfer a child to the appropriate district court   or criminal district court for criminal proceedings if:                (1)  the child is alleged to have violated a penal law   of the grade of felony;                (2)  the child was:                      (A)  14 years of age or older at the time the child   [he] is alleged to have committed the offense, if the offense is a   capital felony, an aggravated controlled substance felony, or a   felony of the first degree, and no adjudication hearing has been   conducted concerning that offense; or                      (B)  15 years of age or older at the time the child   is alleged to have committed the offense, if the offense is a felony   of the second or third degree [or a state jail felony], and no   adjudication hearing has been conducted concerning that offense;   and                (3)  after a full investigation and a hearing, the   juvenile court determines that there is probable cause to believe   that the child before the court committed the offense alleged and   that because of the seriousness of the offense alleged or the   background of the child the welfare of the community requires   criminal proceedings.          (j)  The juvenile court may waive its exclusive original   jurisdiction and transfer a person to the appropriate district   court or criminal district court for criminal proceedings if:                (1)  the person is 18 years of age or older;                (2)  the person was:                      (A)  10 years of age or older and under 17 years of   age at the time the person is alleged to have committed a capital   felony or an offense under Section 19.02, Penal Code;                      (B)  14 years of age or older and under 17 years of   age at the time the person is alleged to have committed an   aggravated controlled substance felony or a felony of the first   degree other than an offense under Section 19.02, Penal Code; or                      (C)  15 years of age or older and under 17 years of   age at the time the person is alleged to have committed a felony of   the second or third degree [or a state jail felony];                (3)  no adjudication concerning the alleged offense has   been made or no adjudication hearing concerning the offense has   been conducted;                (4)  the juvenile court finds from a preponderance of   the evidence that:                      (A)  for a reason beyond the control of the state   it was not practicable to proceed in juvenile court before the 18th   birthday of the person; or                      (B)  after due diligence of the state it was not   practicable to proceed in juvenile court before the 18th birthday   of the person because:                            (i)  the state did not have probable cause to   proceed in juvenile court and new evidence has been found since the   18th birthday of the person;                            (ii)  the person could not be found; or                            (iii)  a previous transfer order was   reversed by an appellate court or set aside by a district court; and                (5)  the juvenile court determines that there is   probable cause to believe that the child before the court committed   the offense alleged.          SECTION 5.  The changes in law made by this Act to Articles   42A.054 and 42A.056, Code of Criminal Procedure, and Sections   53.045 and 54.02, Family Code, 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 6.  This Act takes effect September 1, 2023.