bill raising the juvenile responsibility age from 10 to 12

The text as introduced · 1,276 words

89R432 MCF-D

By: Miles
S.B. No. 430

A BILL TO BE ENTITLED

AN ACT

relating to the age of a child at which a juvenile court may

exercise jurisdiction over the 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 12 [ 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. 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 12 [ 10 ] years of age and younger than

18 years of age.

SECTION 3. Section 51.02(2), Family Code, is amended to

read as follows:

(2) "Child" means a person who is:

(A) 10 [ ten ] years of age or older and under 18

[ 17 ] years of age who is alleged or found to have engaged in conduct

that violates a penal law of the grade of felony as a result of acts

committed before becoming 12 years of age ; or

(B) 12 [ 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 after becoming 12 years of age and before

becoming 17 years of age.

SECTION 4. Section 52.02, Family Code, is amended by adding

Subsection (e) to read as follows:

(e) A child younger than 12 years of age must be released

from custody in accordance with Subsection (a)(1) unless the child

poses an immediate threat to public safety or to the child's own

safety.

SECTION 5. Sections 53.01(b) and (b-1), Family Code, are

amended to read as follows:

(b) Except as provided by Subsection (b-1), if [ If ] it is

determined that the person is not a child or there is no probable

cause, the person shall immediately be released.

(b-1) The person who is conducting the preliminary

investigation may [ shall ], as appropriate, refer the child's case

to a community resource coordination group, a local-level

interagency staffing group, or another [ other ] community juvenile

services [ service ] provider for services under Section 53.011, if

the person determines that:

(1) the child is younger than 12 years of age;

(2) the child is not subject to the jurisdiction of a

juvenile court because the child is not alleged to have engaged in

conduct that violates a penal law of the grade of felony as a result

of acts committed before becoming 12 years of age [ there is probable

cause to believe the child engaged in delinquent conduct or conduct

indicating a need for supervision;

[ (3) the child's case does not require referral to the

prosecuting attorney under Subsection (d) or (f);

[ (4) the child is eligible for deferred prosecution

under Section 53.03 ]; and

(3) [ (5) ] the child and the child's family are not

currently receiving services under Section 53.011 and would benefit

from receiving the services.

SECTION 6. Section 53.011(b), Family Code, is amended to

read as follows:

(b) On receipt of a referral under Section 53.01(b-1) or

54.015(f) , a community resource coordination group, a local-level

interagency staffing group, or another community juvenile services

provider shall evaluate the child's case and make recommendations

to the juvenile probation department for appropriate services for

the child and the child's family.

SECTION 7. Chapter 54, Family Code, is amended by adding

Section 54.015 to read as follows:

Sec. 54.015. JURISDICTIONAL HEARING FOR CHILD YOUNGER THAN

12 YEARS OF AGE. (a) On request of any party, a court shall hold a

jurisdictional hearing without a jury to determine whether to

retain jurisdiction over a child younger than 12 years of age.

(b) A hearing under this section must be held:

(1) if the child was not released under Section 53.02,

immediately before considering whether to release the child at the

detention hearing under Section 54.01; or

(2) if the child was not detained and the requirements

of Sections 53.04, 53.05, 53.06, and 53.07 are satisfied,

immediately before the hearing on the petition.

(c) At a hearing under this section, the court must

determine whether to retain jurisdiction over the child by

considering whether:

(1) probable cause exists to believe the child engaged

in conduct that violates a penal law of the grade of felony;

(2) normal interventions by the child's parent,

guardian, or family, child protective services, or the child's

school will be sufficient to ensure the safety of the public and of

the child;

(3) intervention by the court is warranted; and

(4) it is in the best interest of the child for the

court to intervene.

(d) If the court retains jurisdiction over a child under

this section, the court may proceed with the detention hearing

under Section 54.01 or an adjudication hearing under Section 54.03,

as applicable.

(e) If the court waives jurisdiction over the child, the

court shall immediately dismiss the child and the charges against

the child. A waiver under this section is a waiver of jurisdiction

over the child only for the dismissed charges.

(f) If the court waives jurisdiction over the child, the

court shall notify the person who conducted the preliminary

investigation of the child under Section 53.01 of the court's

waiver of jurisdiction. The person may, as appropriate, refer the

child's case to a community resource coordination group, a

local-level interagency staffing group, or another community

juvenile services provider for services under Section 53.011.

SECTION 8. 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 12 [ 10 ]

years of age.

(e) A person who is at least 12 [ 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 9. 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;

(3) Section 53.011(d), Family Code; and

(4) Section 42.01(f), Penal Code.

SECTION 10. 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 11. This Act takes effect September 1, 2025.