89R8757 MCF-D     By: Johnson S.B. No. 2304       A BILL TO BE ENTITLED   AN ACT   relating to the age at which a juvenile court may exercise   jurisdiction over a child and to the minimum age of criminal   responsibility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 45A.453(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In this article, "child" means a person who is:                (1)  at least 13 [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.  Article 45A.454(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  If a law enforcement officer [issues a citation or]   files a complaint in the manner provided by Article 45A.101(g) for   conduct by a child 13 [12] years of age or older that is alleged to   have occurred on school property of or on a vehicle owned or   operated by a county or independent school district, the officer   shall submit to the court:                (1)  the offense report;                (2)  a statement by a witness to the alleged conduct;   and                (3)  a statement by a victim of the alleged conduct, if   any.          SECTION 3.  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 13 [10] years of age and younger than   18 years of age.          SECTION 4.  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 5.  Chapter 54, Family Code, is amended by adding   Section 54.022 to read as follows:          Sec. 54.022.  WAIVER OF JURISDICTION FOR CHILD UNDER 13   YEARS OF AGE. (a) Not later than the 30th day after the date on   which a preliminary investigation under Section 53.01 concludes,   the attorney representing the state shall file a petition   requesting a hearing to determine whether the juvenile court should   waive its exclusive original jurisdiction over a child younger than   13 years of age.          (b)  After the petition under Subsection (a) has been filed,   the juvenile court shall set a time for the hearing.  The hearing   must be held:                (1)  without a jury; and                (2)  before an adjudication hearing may occur.          (c)  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.          (d)  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.          (e)  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 (c)(1), as appropriate.          SECTION 6.  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 13 [10]   years of age.          (e)  A person who is at least 13 [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). 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 7.  The following provisions are repealed:                (1)  Article 45A.454(d), Code of Criminal Procedure;                (2)  Sections 37.124(d) and 37.126(c), Education Code;   and                (3)  Section 42.01(f), Penal Code.          SECTION 8.  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 9.  (a) As soon as practicable after the effective   date of this Act, the Texas Commission on Law Enforcement and the   Texas School Safety Center shall update the training provided to   school resource officers and other peace officers to include the   changes in law made by this Act.          (b)  As soon as practicable after the effective date of this   Act, the Texas Juvenile Justice Department shall update the   training provided to juvenile probation departments to include the   changes in law made by this Act.          (c)  As soon as practicable after the effective date of this   Act, the Supreme Court of Texas Children's Commission shall   disseminate information to judges and attorneys in this state   regarding the changes in law made by this Act.          SECTION 10.  This Act takes effect September 1, 2025.