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A BILL TO BE ENTITLED
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AN ACT
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relating to the detention of juveniles pending criminal trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.13(c), Family Code, is amended to |
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read as follows: |
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(c) A child may not be committed or transferred to a penal |
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institution or other facility used primarily for the execution of |
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sentences of persons convicted of crime, except: |
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(1) for temporary detention in a jail or lockup pending |
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juvenile court hearing or disposition under conditions meeting the |
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requirements of Section 51.12; |
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(2) for detention in a jail or lockup pending criminal |
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court trial after transfer for prosecution under Section 54.02, if |
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the criminal court orders the transfer of the child to the jail or |
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lockup under Article 4.19, Code of Criminal Procedure; |
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(3) after conviction of a child transferred |
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[transfer] for prosecution in criminal court under Section 54.02[,
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unless the juvenile court orders the detention of the child in a
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certified juvenile detention facility under Section 54.02(h)]; or |
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(4) [(3)] after transfer from the Texas Juvenile |
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Justice Department under Section 245.151(c), Human Resources Code. |
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SECTION 2. Section 54.02(h), Family Code, is amended to |
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read as follows: |
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(h) If the juvenile court waives jurisdiction, it shall |
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state specifically in the order its reasons for waiver and certify |
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its action, including the written order and findings of the court, |
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and shall transfer the person to the appropriate court for criminal |
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proceedings and cause the results of the diagnostic study of the |
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person ordered under Subsection (d), including psychological |
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information, to be transferred to the appropriate criminal |
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prosecutor. On transfer of the person for criminal proceedings, |
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the person shall be dealt with as an adult and in accordance with |
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the Code of Criminal Procedure, except that [if detention in a
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certified juvenile detention facility is authorized under Section
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152.0015, Human Resources Code,] the juvenile court shall [may] |
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order the person to be detained in a certified juvenile detention |
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[the] facility pending trial or until the criminal court enters an |
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order under Article 4.19, Code of Criminal Procedure. A transfer |
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of custody made under this subsection is an arrest. |
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SECTION 3. Article 4.19, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.19. TRANSFER OF CHILD PENDING TRIAL. (a) |
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Notwithstanding the order of a juvenile court to detain a child in a |
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certified juvenile detention facility under Section 54.02(h), |
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Family Code, the judge of the criminal court having jurisdiction |
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over the child may, after a hearing under this section, order the |
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child to be transferred to an adult [another] facility pending |
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criminal trial [and treated as an adult as provided by this code]. A |
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child who is transferred to an adult facility must be detained under |
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conditions meeting the requirements of Section 51.12, Family Code, |
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while pending trial. |
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(b) The certified juvenile detention facility may petition |
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the criminal court having jurisdiction over the child to transfer |
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custody of the child to an adult facility. The criminal court shall |
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hold a hearing on the transfer of the child for pretrial detention |
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as soon as possible, but not later than the 20th day after the date |
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the petition to transfer is filed. The district attorney, sheriff, |
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or child may file a response to the petition and participate in the |
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hearing. The child shall remain in a certified juvenile detention |
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facility pending the hearing and decision by the criminal court. |
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(c) If the child's placement in a certified juvenile |
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detention facility presents an imminent danger to the other |
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children or to the staff at the facility, the facility may petition |
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the court for an immediate hearing to transfer the child to an adult |
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facility. |
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(d) In determining whether a child should be transferred |
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from a certified juvenile detention facility to an adult facility, |
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the criminal court having jurisdiction over the child shall |
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consider the following factors: |
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(1) the age of the child; |
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(2) whether, in order to provide physical separation |
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from adults, the child would be deprived of contact with other |
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people for a significant portion of the day or would not have access |
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to recreational facilities or age-appropriate educational |
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opportunities; |
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(3) the child's current emotional state, intelligence, |
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and developmental maturity, including any emotional and |
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psychological trauma, and the risk to the child caused by placement |
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in an adult facility, which risk may be evidenced by mental health |
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or psychological assessments or screenings made available to the |
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district attorney and to the defense counsel; |
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(4) whether detention in a certified juvenile |
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detention facility will adequately serve the need for community |
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protection pending the outcome of the criminal proceedings; |
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(5) whether detention in a certified juvenile |
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detention facility will negatively impact the functioning of the |
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facility by compromising the goals of detention to maintain a safe, |
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positive, and secure environment for all children within the |
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facility; |
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(6) the relative ability of the available adult and |
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certified juvenile detention facilities to meet the needs of the |
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child, including the child's need for mental health and education |
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services; |
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(7) whether the child presents an imminent risk of |
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harm to the child's self or others within a certified juvenile |
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detention facility; |
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(8) the physical maturity of the child; and |
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(9) any other relevant factors. |
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(e) If the criminal court orders the transfer of the child |
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to an adult facility, the child may petition the court for a review |
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hearing. The child may not petition for a review hearing before the |
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31st day after the date the initial transfer is ordered or before |
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the 31st day after the date of any subsequent review hearings. On |
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receipt of the petition, the court may set the matter for a hearing |
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if the juvenile has alleged facts or circumstances that, if true, |
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would warrant reconsideration of the child's placement in an adult |
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facility based on the factors listed in Subsection (d) and the |
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factors previously relied on by the court. |
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SECTION 4. Section 152.0015, Human Resources Code, is |
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repealed. |
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SECTION 5. (a) The change in law made by this Act applies |
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only to the detention of a child for conduct that occurs on or after |
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the effective date of this Act. Detention of a child for conduct |
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violating a penal law that occurs before the effective date of this |
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Act is governed by the law in effect when the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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(b) For purposes of this section, conduct violating a penal |
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law occurred before the effective date of this Act if any element of |
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the violation occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2013. |