HB3360 - Relating to the protection and detention of a juvenile who engages in delinquent conduct or commits a felony offense while committed to the custody of the Texas Juvenile Justice Department; changing the eligibility for community supervision; redefining habitual felony conduct.

  2025S0124-1 02/21/25     By: Cook H.B. No. 3360     A BILL TO BE ENTITLED   AN ACT   relating to the protection and detention of a juvenile who engages   in delinquent conduct or commits a felony offense while committed   to the custody of the Texas Juvenile Justice Department; changing   the eligibility for community supervision; redefining habitual   felony conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B,  Article 42A, Code of Criminal   Procedure, is amended by adding Article 42A.061 to read as follows:           Art.   42A.061.     PLACEMENT ON COMMUNITY SUPERVISION   PROHIBITED FOR CERTAIN OFFENSES. Notwithstanding any other   provision of this chapter, a defendant is not eligible for   community supervision under this chapter, including deferred   adjudication community supervision, if the defendant is charged   with or convicted of a felony allegedly committed when the   defendant was at least 17 years of age and while the defendant was:                 (1)     committed to the Texas Juvenile Justice   Department;                   (2)     residing in a halfway house operated by or under   contract with the Texas Juvenile Justice Department; or                   (3)     placed in a secure correctional facility or   secure detention facility as defined by Section 51.02, Family Code.          SECTION 2.  Section 51.031(a), Family Code, is amended to   read as follows:          (a)  Habitual felony conduct is conduct violating a penal law   of the grade of felony, other than a state jail felony, if:                (1)  the child who engaged in the conduct has at least   one [ two ] previous final adjudication [ adjudications ] as having   engaged in delinquent conduct violating a penal law of the grade of   felony; and                (2)  [ the second previous final adjudication is for   conduct that occurred after the date the first previous   adjudication became final; and ]                [ (3) ] all appeals relating to the previous   adjudication [ adjudications ] considered under Subdivision (1)   [ Subdivisions (1) and (2) ] have been exhausted.          SECTION 3.  Section 53.045(a), Family Code, is amended to   read as follows:          (a)  Except as provided by Subsection (e), the prosecuting   attorney may refer the petition to the grand jury of the county in   which the court in which the petition is filed presides if the   petition alleges that the child engaged in delinquent conduct that :                 (1)   constitutes habitual felony conduct as described   by Section 51.031 ;                 (2)   [ or that ] included the violation of any of the   following provisions:                       (A)  [ (1) ]  Section 19.02, Penal Code (murder);                       (B)  [ (2) ]  Section 19.03, Penal Code (capital   murder);                       (C)  [ (3) ]  Section 19.04, Penal Code   (manslaughter);                       (D)  [ (4) ]  Section 20.04, Penal Code (aggravated   kidnapping);                       (E)  [ (5) ]  Section 22.011, Penal Code (sexual   assault) or Section 22.021, Penal Code (aggravated sexual assault);                       (F)  [ (6) ]  Section 22.02, Penal Code (aggravated   assault);                       (G)  [ (7) ]  Section 29.03, Penal Code (aggravated   robbery);                       (H)  [ (8) ]  Section 22.04, Penal Code (injury to a   child, elderly individual, or disabled individual), if the offense   is punishable as a felony, other than a state jail felony;                       (I)  [ (9) ]  Section 22.05(b), Penal Code (felony   deadly conduct involving discharging a firearm);                       (J)  [ (10) ]  Subchapter D, Chapter 481, Health and   Safety Code, if the conduct constitutes a felony of the first degree   or an aggravated controlled substance felony (certain offenses   involving controlled substances);                       (K)  [ (11) ]  Section 15.03, Penal Code (criminal   solicitation);                       (L)  [ (12) ]  Section 21.11(a)(1), Penal Code   (indecency with a child);                       (M)  [ (13) ]  Section 15.031, Penal Code (criminal   solicitation of a minor);                       (N)  [ (14) ]  Section 15.01, Penal Code (criminal   attempt), if the offense attempted was an offense under Section   19.02, Penal Code (murder), or Section 19.03, Penal Code (capital   murder), or an offense listed by Article 42A.054(a), Code of   Criminal Procedure;                       (O)  [ (15) ]  Section 28.02, Penal Code (arson), if   bodily injury or death is suffered by any person by reason of the   commission of the conduct;                       (P)  [ (16) ]  Section 49.08, Penal Code   (intoxication manslaughter); or                       (Q)  [ (17) ]  Section 15.02, Penal Code (criminal   conspiracy), if the offense made the subject of the criminal   conspiracy includes a violation of any of the provisions referenced   in Paragraphs (A) through (P); or                 (3)     constitutes a felony of the first, second, or   third degree committed while the child was committed to the Texas   Juvenile Justice Department, was residing in a halfway house   operated by or under contract with the Texas Juvenile Justice   Department, or was placed in a secure correctional facility or   secure detention facility as defined by Section 51.02, Family Code   [ Subdivisions (1) through (16) ].          SECTION 4.  Section 54.05, Family Code, is amended by   amending Subsection (j) and adding Subsections (k) and (k-1) to   read as follows:          (j)  If, after conducting a hearing to modify disposition   without a jury, the court finds by a preponderance of the evidence   that a child violated a reasonable and lawful condition of   probation ordered under Section 54.04(q), the court may :                 (1)   modify the disposition to commit the child to the   Texas Juvenile Justice Department under Section 54.04(d)(3) [ or, if   applicable, a post-adjudication secure correctional facility   operated under Section 152.0016, Human Resources Code, ] for a term   that does not exceed the original sentence assessed by the court or   jury ; or                 (2)     if the court finds the violation occurred on or   after the child's 18th birthday, in accordance with Subsection (k),   modify the disposition to transfer the child to the Texas   Department of Criminal Justice for a term that does not exceed the   original sentence assessed by the court or jury; or                 (3)     if the court finds the violation occurred on or   after the child's 18th birthday, transfer the child to an   appropriate district court. If the court orders such a transfer,   the provisions of Section 54.051 apply except that the date of   transfer may be before the child's 19th birthday.             (k)     In imposing a disposition described by Subsection   (j)(2), the court may consider the experiences and character of the   person before and after disposition to probation, the nature of the   penal offense that the person was found to have committed and the   manner in which the offense was committed, the ability of the person   to contribute to society, the protection of the victim of the   offense or any member of the victim's family, the recommendations   of the juvenile probation department and prosecuting attorney, the   best interests of the person, and any other factor relevant to the   issue to be decided.           (k-1)     A hearing conducted to consider the disposition   described by Subsection (j)(2) must be recorded by a court reporter   or by audio or video tape recording, and the record of the hearing   must be retained by the court for at least two years after the date   of the court's order in the hearing .          SECTION 5.  Section 54.051 Family Code, is amended by   amending Subsections (b), (d), (f), and (i) and adding Subsection   (f-1) to read as follows:          (b)  The hearing must be conducted before the person's 19th   birthday[ , or before the person's 18th birthday if the offense for   which the person was placed on probation occurred before September   1, 2011, ] and must be conducted in the same manner as a hearing to   modify disposition under Section 54.05.          (d)  If, after a hearing, the court determines to transfer   the child, the court shall transfer the child to an appropriate   district court on the child's 19th birthday , unless the transfer is   ordered under Subsection (f-1) .          (f)  The juvenile court may transfer a child to an   appropriate district court as provided by this section without a   showing that the child violated a condition of probation ordered   under Section 54.04(q). Any alleged violations of a condition of   probation that were known to the juvenile court before the transfer   may not be addressed by the district court except as provided by   Subsection (f-1).           (f-1)     If the motion filed under Subsection (a) includes an   allegation that the person violated a condition of probation   ordered under Section 54.04(q) when the person was age 18 or older,   the juvenile court, after providing notice and an opportunity to be   heard, may:                 (1)     upon a finding of probable cause to believe the   person violated a condition of probation, immediately   transfer the case to the appropriate district court, which   will have jurisdiction to address any probation violations;   or                 (2)  retain the jurisdiction of the case.          (i)  If the juvenile court exercises jurisdiction over a   person who is [ 18 or ] 19 years of age or older[ , as applicable, ]   under Section 51.041 or 51.0412, the court or jury may, if the   person is otherwise eligible, place the person on probation under   Section 54.04(q). The juvenile court shall set the conditions of   probation and immediately transfer supervision of the person to the   appropriate court exercising criminal jurisdiction under   Subsection (e).          SECTION 6.  Section 54.052, Family Code, is amended to read   as follows:          Sec. 54.052.  CREDIT FOR TIME SPENT IN DETENTION FACILITY   FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only   to a [Text truncated for display. Full text available on Congress.gov.]