HB2234 - Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

  89R21441 MCF-F     By: Dutton H.B. No. 2234       A BILL TO BE ENTITLED   AN ACT   relating to the age of criminal responsibility and to certain   substantive and procedural matters related to that age.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. SHORT TITLE          SECTION 1.01.  This Act may be cited as the George Foreman   Justice Act.   ARTICLE 2.  AGE OF CRIMINAL RESPONSIBILITY          SECTION 2.01.  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; or                      (B)   18 [ seventeen ] years of age or older and   under 20 [ 18 ] years of age who is :                             (i)   alleged or found to have engaged in   delinquent conduct or conduct indicating a need for supervision as   a result of acts committed before becoming 18 [ 17 ] years of age ; and                             (ii)     under the jurisdiction of a juvenile   court .          SECTION 2.02.  Section 8.07(b), Penal Code, is amended to   read as follows:          (b)  Unless the juvenile court waives jurisdiction under   Section 54.02, Family Code, and certifies the individual for   criminal prosecution or the juvenile court has previously waived   jurisdiction under that section and certified the individual for   criminal prosecution, a person may not be prosecuted for or   convicted of any offense committed before reaching 18 [ 17 ] years of   age except an offense described by Subsections (a)(1)-(5).          SECTION 2.03.  The changes in law made by this article apply   only to an offense committed or conduct that occurs on or after   September 1, 2027. An offense committed or conduct that occurred   before September 1, 2027, 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   September 1, 2027, if any element of the offense or conduct occurred   before that date.   ARTICLE 3. OFFENSES WITH AGE AS AN ELEMENT          SECTION 3.01.  Section 15.031(e), Penal Code, is amended to   read as follows:          (e)  An offense under this section is one category lower than   the solicited offense, except that an offense under this section is   the same category as the solicited offense if it is shown on the   trial of the offense that the actor:                (1)  was at the time of the offense 18 [ 17 ] years of age   or older and a member of a criminal street gang, as defined by   Section 71.01; and                (2)  committed the offense with the intent to:                      (A)  further the criminal activities of the   criminal street gang; or                      (B)  avoid detection as a member of a criminal   street gang.          SECTION 3.02.  Section 21.02(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if:                (1)  during a period that is 30 or more days in   duration, the person commits two or more acts of sexual abuse,   regardless of whether the acts of sexual abuse are committed   against one or more victims; and                (2)  at the time of the commission of each of the acts   of sexual abuse, the actor is 18 [ 17 ] years of age or older and the   victim is:                      (A)  a child younger than 14 years of age,   regardless of whether the actor knows the age of the victim at the   time of the offense; or                      (B)  a disabled individual.          SECTION 3.03.  Section 33.021(b), Penal Code, is amended to   read as follows:          (b)  A person who is 18 [ 17 ] years of age or older commits an   offense if, with the intent to commit an offense listed in Article   62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,   over the Internet, by electronic mail or text message or other   electronic message service or system, or through a commercial   online service, intentionally:                (1)  communicates in a sexually explicit manner with a   minor; or                (2)  distributes sexually explicit material to a minor.          SECTION 3.04.  Section 71.028(c), Penal Code, is amended to   read as follows:          (c)  Except as provided by Subsection (d), the punishment   prescribed for an offense described by Subsection (b) is increased   to the punishment prescribed for the next highest category of   offense if the actor is 18 [ 17 ] years of age or older and it is shown   beyond a reasonable doubt on the trial of the offense that the actor   committed the offense at a location that was:                (1)  in, on, or within 1,000 feet of any:                      (A)  real property that is owned, rented, or   leased by a school or school board;                      (B)  premises owned, rented, or leased by an   institution of higher education;                      (C)  premises of a public or private youth center;                      (D)  playground; or                      (E)  general residential operation operating as a   residential treatment center;                (2)  in, on, or within 300 feet of any:                      (A)  shopping mall;                      (B)  movie theater;                      (C)  premises of a public swimming pool; or                      (D)  premises of a video arcade facility; or                (3)  on a school bus.          SECTION 3.05.  Sections 545.424(b) and (b-1),   Transportation Code, are amended to read as follows:          (b)  A person under 18 [ 17 ] years of age who holds a   restricted motorcycle license may not operate a motorcycle while   using a wireless communication device, except in case of emergency.   This subsection does not apply to a person licensed by the Federal   Communications Commission while operating a radio frequency device   other than a wireless communication device.          (b-1)  A person under 18 [ 17 ] years of age who holds a   restricted motorcycle license, during the 12-month period   following the issuance of an original motorcycle license to the   person, may not operate a motorcycle after midnight and before 5   a.m. unless:                (1)  the person is in sight of the person's parent or   guardian; or                (2)  the operation of the vehicle is necessary for the   operator to attend or participate in employment or a school-related   activity or because of a medical emergency.          SECTION 3.06.  Section 729.001(a), Transportation Code, is   amended to read as follows:          (a)  A person who is younger than 18 [ 17 ] years of age commits   an offense if the person operates a motor vehicle on a public road   or highway, a street or alley in a municipality, or a public beach   in violation of any traffic law of this state, including:                (1)  Chapter 502, other than Section [ 502.282 or ]   502.412;                (2)  Chapter 521, other than an offense under Section   521.457;                (3)  Subtitle C, other than an offense punishable by   imprisonment or by confinement in jail under Section 550.021,   550.022, 550.024, or 550.025;                (4)  Chapter 601;                (5)  Chapter 621;                (6)  Chapter 661; and                (7)  Chapter 681.          SECTION 3.07.  Section 729.002, Transportation Code, is   amended to read as follows:          Sec. 729.002.  OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT   LICENSE. (a) A person who is younger than 18 [ 17 ] years of age   commits an offense if the person operates a motor vehicle without a   driver's license authorizing the operation of a motor vehicle on a:                (1)  public road or highway;                (2)  street or alley in a municipality; or                (3)  public beach as defined by Section 729.001.          (b)  An offense under this section is punishable in the same   manner as if the person was 18 [ 17 ] years of age or older and   operated a motor vehicle without a license as described by   Subsection (a), except that an offense under this section is not   punishable by confinement or imprisonment.          SECTION 3.08.  The changes in law made by this article apply   only to an offense committed on or after September 1, 2027. An   offense committed before September 1, 2027, is governed by the law   in effect on the date the offense was committed, and the former law   is continued in effect for that purpose. For purposes of this   section, an offense was committed before September 1, 2027, if any   element of the offense occurred before that date.   ARTICLE 4. CRIMINAL PROCEDURES          SECTION 4.01.  Article 4.19, Code of Criminal Procedure, is   amended to read as follows:          Art. 4.19.  TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN   ADULT. (a)  Notwithstanding the order of a juvenile court to detain   a person under the age of 18 [ 17 ] who has been certified to stand   trial as an adult in a certified juvenile detention facility under   Section 54.02(h), Family Code, the judge of the criminal court   having jurisdiction over the person may order the person to be   transferred to an adult facility.  A child who is transferred to an   adult facility must be detained under conditions meeting the   require [Text truncated for display. Full text available on Congress.gov.]