bill moving juvenile probation to adult court at 18

The text as introduced · 440 words

89R11185 CJD-F

By: Orr
H.B. No. 5113

A BILL TO BE ENTITLED

AN ACT

relating to the age at which a child on determinate sentence

probation may be transferred to a district court and placed on

community supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 54.051(a), (d), and (e-2), Family Code,

are amended to read as follows:

(a) On motion of the state concerning a child who is placed

on probation under Section 54.04(q) , the juvenile court:

(1) may, if the child is placed on probation for a

period, including any extension ordered under Section 54.05, that

will continue or has continued after the child's 18th birthday,

hold a hearing to determine whether to transfer the child to an

appropriate district court; or

(2) shall, if the child is placed on probation for a

period, including any extension ordered under Section 54.05, that

will continue after the child's 19th birthday, [ the juvenile court

shall ] hold a hearing to determine whether to transfer the child to

an appropriate district court or discharge the child from the

sentence of probation.

(d) If, after a hearing, the court determines to transfer

the child, the court shall transfer the child to an appropriate

district court after the child's 18th birthday but not later than on

the child's 19th birthday.

(e-2) If a person who is placed on community supervision

under this section violates a condition of that supervision or if

the person violated a condition of probation ordered under Section

54.04(q) and that probation violation was not discovered by the

state before the date on which the person is transferred to an

appropriate district court under Subsection (d) [ person's 19th

birthday ], the district court shall dispose of the violation of

community supervision or probation, as appropriate, in the same

manner as if the court had originally exercised jurisdiction over

the case. If the judge revokes community supervision, the judge may

reduce the prison sentence to any length without regard to the

minimum term imposed by Article 42A.755(a), Code of Criminal

Procedure.

SECTION 2. Section 54.051, Family Code, as amended by this

Act, applies only to conduct that occurs on or after the effective

date of this Act. Conduct 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 that date.

SECTION 3. This Act takes effect September 1, 2025.