bill raising the juvenile court age from 10 to 13

The text as introduced · 1,170 words

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.