SB 1306

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.  AGE OF CRIMINAL RESPONSIBILITY
SECTION 1.01.  Section 51.02(2), Family Code, is amended to
(2)  "Child" means a person who is:
(A)  10 [ten] years of age or older and under 18
(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
SECTION 1.02.  Section 8.07(b), Penal Code, is amended to
(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 1.03.  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
ARTICLE 2.  OFFENSES WITH AGE AS AN ELEMENT
SECTION 2.01.  Section 15.031(e), Penal Code, is amended to
(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
(2)  committed the offense with the intent to:
(A)  further the criminal activities of the
(B)  avoid detection as a member of a criminal
SECTION 2.02.  Section 21.02(b), Penal Code, is amended to
(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
(A)  a child younger than 14 years of age,
regardless of whether the actor knows the age of the victim at the
SECTION 2.03.  Section 33.021(b), Penal Code, is amended to
(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
(1)  communicates in a sexually explicit manner with a
(2)  distributes sexually explicit material to a minor.
SECTION 2.04.  Section 71.028(c), Penal Code, is amended to
(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;
(E)  general residential operation operating as a
(2)  in, on, or within 300 feet of any:
(C)  premises of a public swimming pool; or
(D)  premises of a video arcade facility; or
SECTION 2.05.  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
(1)  the person is in sight of the person's parent 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 2.06.  Section 729.001(a), Transportation Code, is
(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]
(2)  Chapter 521, other than an offense under Section
(3)  Subtitle C, other than an offense punishable by
imprisonment or by confinement in jail under Section 550.021,
SECTION 2.07.  Section 729.002, Transportation Code, is
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:
(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 2.08.  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 3.  CRIMINAL PROCEDURES
SECTION 3.01.  Article 4.19, Code of Criminal Procedure, is
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
requirements of Section 51.12, Family Code.
(b)  On the 18th [17th] birthday of a person described by
Subsection (a) who is detained in a certified juvenile detention
facility under Section 54.02(h), Family Code, the judge of the
criminal court having jurisdiction over the person shall order the
person to be transferred to an adult facility.
SECTION 3.02.  Article 45A.259(h), Code of Criminal
Procedure, is amended to read as follows:
(h)  A capias pro fine may not be issued for a person
convicted for an offense committed before the person's 18th [17th]
(1)  the person is 18 [17] years of age or older;
(2)  the court finds that the issuance of the capias pro
fine is justified after considering:
(A)  the sophistication and maturity of the
(B)  the criminal record and history of the
(C)  the reasonable likelihood of bringing about
the discharge of the judgment through the use of procedures and
services currently available to the court; and
(3)  the court has proceeded under Article 45A.461 to
compel the person to discharge the judgment.
SECTION 3.03.  (a)  This section takes effect only if the Act
of the 89th Legislature, Regular Session, 2025, relating to
nonsubstantive additions to and corrections in enacted codes
(b)  Article 45A.452(a), Code of Criminal Procedure, is
(a)  Subject to the requirements of Subchapter K, this [This]
article applies to a defendant who has not had the disabilities of
minority removed and [has been:
[(1)  charged with an offense other than an offense
under Section 43.261, Penal Code, if the defendant is younger than
[(2)  charged with an offense under Section 43.261,
Penal Code, if the defendant] is younger than 18 years of age.
SECTION 3.04.  (a)  This section takes effect only if the Act
of the 89th Legislature, Regular Session, 2025, relating to
nonsubstantive additions to and corrections in enacted codes does
(b)  Article 45A.452(a), Code of Criminal Procedure, is
(a)  This article applies to a defendant who has not had the
disabilities of minority removed and [has been:
[(1)  charged with an offense other than an offense
under Section 43.261, Penal Code, if the defendant is younger than
[(2)  charged with an offense under Section 43.261,
Penal Code, if the defendant] is younger than 18 years of age.
SECTION 3.05.  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 10 years of age and younger than 18 [17]
(2)  charged with or convicted of an offense that a
justice or municipal court has jurisdiction of under Article 4.11
SECTION 3.06.  (a)  This section takes effect only if the Act
of the 89th Legislature, Regular Session, 2025, relating to
nonsubstantive additions to and corrections in enacted codes
(b)  Articles 45A.456(a), (b), and (e), Code of Criminal
Procedure, are amended to read as follows:
(a)  Except as provided by Articles 45A.453 and[,] 45A.454,
[and 45A.455,] an individual may not be taken into secured custody
for offenses alleged to have occurred before the individual's 18th
(b)  On or after an individual's 18th [17th] birthday, if the
court has used all available procedures under this chapter to
secure the individual's appearance to answer allegations made
before the individual's 18th [17th] birthday, the court may issue a
notice of continuing obligation to appear, by personal service or
by mail, to the last known address and residence of the individual.
The notice must order the individual to appear at a designated time,
place, and date to answer the allegations detailed in the notice.
(e)  A notice of continuing obligation to appear issued under
this article must contain the following statement provided in
boldfaced type or capital letters:
"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER.  AS AN ADULT, YOU
ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
CASE.  FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
SECTION 3.07.  (a)  This section takes effect only if the Act
of the 89th Legislature, Regular Session, 2025, relating to
nonsubstantive additions to and corrections in enacted codes does
(b)  Articles 45A.456(a), (b), and (e), Code of Criminal
Procedure, are amended to read as follows:
(a)  Except as provided by Articles 45A.453, 45A.454, and
45A.455, an individual may not be taken into secured custody for
offenses alleged to have occurred before the individual's 18th
(b)  On or after an individual's 18th [17th] birthday, if the
court has used all available procedures under this chapter to
secure the individual's appearance to answer allegations made
before the individual's 18th [17th] birthday, the court may issue a
notice of continuing obligation to appear, by personal service or
by mail, to the last known address and residence of the individual.
The notice must order the individual to appear at a designated time,
place, and date to answer the allegations detailed in the notice.
(e)  A notice of continuing obligation to appear issued under
this article must contain the following statement provided in
boldfaced type or capital letters:
"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER.  AS AN ADULT, YOU
ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
CASE.  FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
SECTION 3.08.  Article 45A.457(h), Code of Criminal
Procedure, is amended to read as follows:
(h)  A child and parent required to appear before the court
have an obligation to provide the child's current address and
residence to the court in writing.  The obligation does not end when
the child reaches age 18 [17].  On or before the seventh day after
the date the child or parent changes residence, the child or parent
shall notify the court of the current address in the manner directed
by the court.  A violation of this subsection is a Class C
misdemeanor and may result in arrest.  The obligation to provide
notice terminates on discharge and satisfaction of the judgment or
a final disposition not requiring a finding of guilt.
SECTION 3.09.  Article 45A.459(a), Code of Criminal
Procedure, is amended to read as follows:
(a)  This article applies only to a defendant younger than 18
[17] years of age who is assessed a fine or cost for a Class C
SECTION 3.10.  Article 45A.460(a), Code of Criminal
Procedure, is amended to read as follows:
(a)  This article applies only to a defendant younger than 18
[17] years of age who is assessed a fine or cost for a Class C
misdemeanor occurring in a building or on the grounds of the primary
or secondary school at which the defendant was enrolled at the time
SECTION 3.11.  Articles 45A.461(d), (e), and (g), Code of
Criminal Procedure, are amended to read as follows:
(d)  A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if:
(1)  the person was convicted for an offense committed
before the person's 18th [17th] birthday;
(2)  the person failed to obey the order while the
person was 18 [17] years of age or older; and
(3)  the failure to obey occurred under circumstances
that constitute contempt of court.
(e)  A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if the
person, while younger than 18 [17] years of age, engaged in conduct
in contempt of an order issued by the court, but contempt
proceedings could not be held before the person's 18th [17th]
(g)  A justice or municipal court may not refer a person who
violates a court order while 18 [17] years of age or older to a
juvenile court for delinquency proceedings for contempt of court.
SECTION 3.12.  Articles 45A.463(c) and (i), Code of Criminal
Procedure, are amended to read as follows:
(c)  On or after the person's 18th [17th] birthday, a person
may apply to the court in which the person was convicted to have the
conviction expunged as provided by this article if:
(1)  the person was convicted of not more than one
offense described by Section 8.07(a)(4) or (5), Penal Code, while
(2)  the person was convicted only once of an offense
under Section 43.261, Penal Code.
(i)  Records of a person younger than 18 [17] years of age
relating to a complaint may be expunged under this article if:
(1)  the complaint was dismissed under Subchapter G,
Article 45A.401, or other law; or
(2)  the person was acquitted of the offense.
SECTION 3.13.  Article 62.001(6), Code of Criminal
Procedure, is amended to read as follows:
(6)  "Sexually violent offense" means any of the
following offenses committed by a person 18 [17] years of age or
(A)  an offense under Section 21.02 (Continuous
sexual abuse of young child or disabled individual), 21.11(a)(1)
(Indecency with a child), 22.011 (Sexual assault), or 22.021
(Aggravated sexual assault), Penal Code;
(B)  an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C)  an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D)  an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
(E)  an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice if the offense contains elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), or (D).
SECTION 3.14.  Article 62.351(a), Code of Criminal
Procedure, is amended to read as follows:
(a)  During or after disposition of a case under Section
54.04, Family Code, for adjudication of an offense for which
registration is required under this chapter, the juvenile court on
motion of the respondent shall conduct a hearing to determine
whether the interests of the public require registration under this
chapter.  The motion may be filed and the hearing held regardless of
whether the respondent is under 19 [18] years of age.  Notice of the
motion and hearing shall be provided to the prosecuting attorney.
SECTION 3.15.  Article 62.352(c), Code of Criminal
Procedure, is amended to read as follows:
(c)  If the court enters an order described by Subsection
(b)(1), the court retains discretion and jurisdiction to require,
or exempt the respondent from, registration under this chapter at
any time during the treatment or on the successful or unsuccessful
completion of treatment, except that during the period of deferral,
registration may not be required.  Following successful completion
of treatment, the respondent is exempted from registration under
this chapter unless a hearing under this subchapter is held on
motion of the prosecuting attorney, regardless of whether the
respondent is 19 [18] years of age or older, and the court
determines the interests of the public require registration.  Not
later than the 10th day after the date of the respondent's
successful completion of treatment, the treatment provider shall
notify the juvenile court and prosecuting attorney of the
SECTION 3.16.  Article 62.353(b), Code of Criminal
Procedure, is amended to read as follows:
(b)  The person may file a motion under Subsection (a) in the
original juvenile case regardless of whether the person, at the
time of filing the motion, is 19 [18] years of age or older.  Notice
of the motion shall be provided to the prosecuting attorney.  A
hearing on the motion shall be provided as in other cases under this
SECTION 3.17.  Section 37.085, Education Code, is amended to
Sec. 37.085.  ARRESTS PROHIBITED FOR CERTAIN CLASS C
MISDEMEANORS.  Notwithstanding any other provision of law, a
warrant may not be issued for the arrest of a person for a Class C
misdemeanor under this code committed when the person was younger
SECTION 3.18.  Section 153.0071(e-1), Family Code, is
(e-1)  Notwithstanding Subsections (d) and (e), a court may
decline to enter a judgment on a mediated settlement agreement if
(A)  a party to the agreement was a victim of
family violence, and that circumstance impaired the party's ability
(B)  the agreement would permit a person who is
subject to registration under Chapter 62, Code of Criminal
Procedure, on the basis of an offense committed by the person when
the person was 18 [17] years of age or older or who otherwise has a
history or pattern of past or present physical or sexual abuse
directed against any person to:
(i)  reside in the same household as the
(ii)  otherwise have unsupervised access to
(2)  that the agreement is not in the child's best
SECTION 3.19.  Section 521.453(i), Transportation Code, is
(i)  If the person ordered to perform community service under
Subsection (h) is younger than 18 [17] years of age, the community
service shall be performed as if ordered by a juvenile court under
Section 54.044(a), Family Code, as a condition of probation under
SECTION 3.20.  (a)  Except as provided by Subsection (b) of
this section, 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.
(b)  Articles 45A.463(c) and (i), Code of Criminal
Procedure, as amended by this article, apply only to the expunction
of certain records related to an offense committed on or after
September 1, 2027.  The expunction of certain records related to 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.
(c)  For purposes of this section, an offense was committed
before September 1, 2027, if any element of the offense occurred
ARTICLE 4.  JUVENILE COURT PROCEDURES
SECTION 4.01.  Section 51.041, Family Code, is amended to
Sec. 51.041.  JURISDICTION AFTER APPEAL.  (a)  The court
retains jurisdiction over a person, without regard to the age of the
person, for conduct engaged in by the person before becoming 18 [17]
years of age if, as a result of an appeal by the person or the state
under Chapter 56 of an order of the court, the order is reversed or
modified and the case remanded to the court by the appellate court.
(b)  If the respondent is at least 18 years of age when the
order of remand from the appellate court is received by the juvenile
court, the juvenile court shall proceed as provided by Sections
54.02(o)-(r) for the detention of a person at least 19 [18] years of
age in discretionary transfer proceedings.  Pending retrial of the
adjudication or transfer proceeding, the juvenile court may:
(1)  order the respondent released from custody;
(2)  order the respondent detained in a juvenile
(3)  set bond and order the respondent detained in a
county adult facility if bond is not made.
SECTION 4.02.  Section 51.0412, Family Code, is amended to
Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS.
The court retains jurisdiction over a person, without regard to the
age of the person, who is a respondent in an adjudication
proceeding, a disposition proceeding, a proceeding to modify
disposition, a proceeding for waiver of jurisdiction and transfer
to criminal court under Section 54.02(a), or a motion for transfer
of determinate sentence probation to an appropriate district court
(1)  the petition or motion was filed while the
respondent was younger than 19 or 20 [18 or 19] years of age, as
(2)  the proceeding is not complete before the
respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
(3)  the court enters a finding in the proceeding that
the prosecuting attorney exercised due diligence in an attempt to
complete the proceeding before the respondent became 19 or 20 [18 or
19] years of age, as applicable.
SECTION 4.03.  Sections 51.12(f) and (h), Family Code, are
(f)  A child detained in a building that contains a jail,
lockup, or other place of secure confinement, including an alcohol
or other drug treatment facility, shall be separated by sight and
sound from adults detained in the same building.  Children and
adults are separated by sight and sound only if they are unable to
see each other and conversation between them is not possible.  The
separation must extend to all areas of the facility, including
sally ports and passageways, and those areas used for admission,
counseling, sleeping, toileting, showering, dining, recreational,
educational, or vocational activities, and health care.  The
separation may be accomplished through architectural design.  A
person who has been transferred for prosecution in criminal court
under Section 54.02 and is under 18 [17] years of age is considered
a child for the purposes of this subsection.
(h)  This section does not apply to a person:
(1)  who has been transferred to criminal court for
prosecution under Section 54.02 and is at least 18 [17] years of
(2)  who is at least 18 [17]  years of age and who has
been taken into custody after having:
(A)  escaped from a juvenile facility operated by
or under contract with the Texas Juvenile Justice Department; or
(B)  violated a condition of release under
SECTION 4.04.  Section 54.02(j), Family Code, is amended to
(j)  The juvenile court may waive its exclusive original
jurisdiction and transfer a person to the appropriate district
court or criminal district court for criminal proceedings if:
(1)  the person is 19 [18] years of age or older;
(A)  10 years of age or older and under 18 [17]
years of age at the time the person is alleged to have committed a
capital felony or an offense under Section 19.02, Penal Code;
(B)  14 years of age or older and under 18 [17]
years of age at the time the person is alleged to have committed an
aggravated controlled substance felony or a felony of the first
degree other than an offense under Section 19.02, Penal Code; or
(C)  15 years of age or older and under 18 [17]
years of age at the time the person is alleged to have committed a
felony of the second or third degree or a state jail felony;
(3)  no adjudication concerning the alleged offense has
been made or no adjudication hearing concerning the offense has
(4)  the juvenile court finds from a preponderance of
(A)  for a reason beyond the control of the state
it was not practicable to proceed in juvenile court before the 19th
[18th] birthday of the person; or
(B)  after due diligence of the state it was not
practicable to proceed in juvenile court before the 19th [18th]
birthday of the person because:
(i)  the state did not have probable cause to
proceed in juvenile court and new evidence has been found since the
19th [18th] birthday of the person;
(ii)  the person could not be found; or
(iii)  a previous transfer order was
reversed by an appellate court or set aside by a district court; and
(5)  the juvenile court determines that there is
probable cause to believe that the child before the court committed
SECTION 4.05.  Section 54.0326(b), Family Code, is amended
(b)  A juvenile court may defer adjudication proceedings
under Section 54.03 until the child's 19th [18th] birthday and
require a child to participate in a program established under
Section 152.0017, Human Resources Code, if the child:
(1)  is alleged to have engaged in delinquent conduct
or conduct indicating a need for supervision and may be a victim of
conduct that constitutes an offense under Section 20A.02, Penal
(2)  presents to the court an oral or written request to
SECTION 4.06.  Sections 54.04(e), (l), and (q), Family Code,
are amended to read as follows:
(e)  The Texas Juvenile Justice Department shall accept a
person properly committed to it by a juvenile court even though the
person may be 18 [17] years of age or older at the time of
(l)  Except as provided by Subsection (q), a court or jury
may place a child on probation under Subsection (d)(1) for any
period, except that probation may not continue on or after the
child's 19th [18th] birthday.  Except as provided by Subsection
(q), the court may, before the period of probation ends, extend the
probation for any period, except that the probation may not extend
to or after the child's 19th [18th] birthday.
(q)  If a court or jury sentences a child to commitment in the
Texas Juvenile Justice Department or a post-adjudication secure
correctional facility under Subsection (d)(3) for a term of not
more than 10 years, the court or jury may place the child on
probation under Subsection (d)(1) as an alternative to making the
disposition under Subsection (d)(3).  The court shall prescribe the
period of probation ordered under this subsection for a term of not
more than 10 years.  The court may, before the sentence of probation
expires, extend the probationary period under Section 54.05, except
that the sentence of probation and any extension may not exceed 10
years.  The court may, before the child's 20th [19th] birthday,
discharge the child from the sentence of probation.  If a sentence
of probation ordered under this subsection and any extension of
probation ordered under Section 54.05 will continue after the
child's 20th [19th] birthday, the court shall discharge the child
from the sentence of probation on the child's 20th [19th] birthday
unless the court transfers the child to an appropriate district
SECTION 4.07.  Section 54.0405(i), Family Code, is amended
(i)  A court that requires as a condition of probation that a
child attend psychological counseling under Subsection (a) may,
before the date the probation period ends, extend the probation for
any additional period necessary to complete the required counseling
as determined by the treatment provider, except that the probation
may not be extended to a date after the date of the child's 19th
[18th] birthday, or 20th [19th] birthday if the child is placed on
determinate sentence probation under Section 54.04(q).
SECTION 4.08.  Sections 54.041(b) and (h), Family Code, are
(b)  If a child is found to have engaged in delinquent
conduct or conduct indicating a need for supervision arising from
the commission of an offense in which property damage or loss or
personal injury occurred, the juvenile court, on notice to all
persons affected and on hearing, may order the child or a parent to
make full or partial restitution to the victim of the offense.  The
program of restitution must promote the rehabilitation of the
child, be appropriate to the age and physical, emotional, and
mental abilities of the child, and not conflict with the child's
schooling.  When practicable and subject to court supervision, the
court may approve a restitution program based on a settlement
between the child and the victim of the offense.  An order under
this subsection may provide for periodic payments by the child or a
parent of the child for the period specified in the order but except
as provided by Subsection (h), that period may not extend past the
date of the 19th [18th] birthday of the child or past the date the
child is no longer enrolled in an accredited secondary school in a
program leading toward a high school diploma, whichever date is
(h)  If the juvenile court places the child on probation in a
determinate sentence proceeding initiated under Section 53.045 and
transfers supervision on the child's 20th [19th] birthday to a
district court for placement on community supervision, the district
court shall require the payment of any unpaid restitution as a
condition of the community supervision.  The liability of the
child's parent for restitution may not be extended by transfer to a
district court for supervision.
SECTION 4.09.  Sections 54.05(a) and (b), Family Code, are
(a)  Any [Except as provided by Subsection (a-1), any]
disposition, except a commitment to the Texas Juvenile Justice
Department, may be modified by the juvenile court as provided in
(A)  the child's 19th [18th] birthday; or
(B)  the child's 20th [19th] birthday, if the
child was placed on determinate sentence probation under Section
(2)  the child is earlier discharged by the court or
(b)  Except for a commitment to the Texas Juvenile Justice
Department or to a post-adjudication secure correctional facility
under former Section 54.04011 or a placement on determinate
sentence probation under Section 54.04(q), all dispositions
automatically terminate when the child reaches the child's 19th
SECTION 4.10.  Sections 54.051(a), (b), (c), (d), (e-2), and
(i), Family Code, are amended to read as follows:
(a)  On motion of the state concerning a child who is placed
on probation under Section 54.04(q) for a period, including any
extension ordered under Section 54.05, that will continue after the
child's 20th [19th] birthday, the juvenile court shall hold a
hearing to determine whether to transfer the child to an
appropriate district court or discharge the child from the sentence
(b)  The hearing must be conducted before the person's 20th
[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.
(c)  If, after a hearing, the court determines to discharge
the child, the court shall specify a date on or before the child's
20th [19th]  birthday to discharge the child from the sentence of
(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 20th [19th] birthday.
(e-2)  If a person who is placed on community supervision
under this section violates a condition of that supervision or if
the person violated a condition of probation ordered under Section
54.04(q) and that probation violation was not discovered by the
state before the person's 20th [19th] birthday, the district court
shall dispose of the violation of community supervision or
probation, as appropriate, in the same manner as if the court had
originally exercised jurisdiction over the case.  If the judge
revokes community supervision, the judge may reduce the prison
sentence to any length without regard to the minimum term imposed by
Article 42A.755(a), Code of Criminal Procedure.
(i)  If the juvenile court exercises jurisdiction over a
person on or after the person's 19th or 20th birthday [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 4.11.  Section 54.11(l), Family Code, is amended to
(l)  Pending the conclusion of a transfer hearing, the
juvenile court shall order that the person who is referred for
transfer be detained in a certified juvenile detention facility as
provided by Subsection (m).  If the person is at least 18 [17] years
of age, the juvenile court may order that the person be detained
without bond in an appropriate county facility for the detention of
adults accused of criminal offenses.
SECTION 4.12.  Section 55.15, Family Code, is amended to
Sec. 55.15.  STANDARDS OF CARE;  EXPIRATION OF COURT ORDER
FOR MENTAL HEALTH SERVICES.  Treatment ordered under this
subchapter for a child with mental illness must focus on the
stabilization of the child's mental illness and on meeting the
child's psychiatric needs in the least restrictive appropriate
setting.  If the juvenile court or a court to which the child's case
is referred under Section 55.12(2) orders mental health services
for the child, the child shall be cared for, treated, and released
in conformity to Subtitle C, Title 7, Health and Safety Code,
(1)  a court order for mental health services for a
child automatically expires on the 120th day after the date the
child becomes 19 [18] years of age; and
(2)  the administrator of a mental health facility
shall notify, in writing, by certified mail, return receipt
requested, the juvenile court that ordered mental health services
or the juvenile court that referred the case to a court that ordered
the mental health services of the intent to discharge the child at
least 10 days prior to discharge.
SECTION 4.13.  Section 55.18, Family Code, is amended to
Sec. 55.18.  DISCHARGE FROM COURT-ORDERED INPATIENT OR
OUTPATIENT MENTAL HEALTH SERVICES BEFORE REACHING 19 [18] YEARS OF
AGE.  If the child is discharged from the mental health facility or
from outpatient treatment services before reaching 19 [18] years of
(1)  dismiss the juvenile court proceedings with
(2)  dissolve the stay and continue with proceedings
under this title as though no order of mental health services had
SECTION 4.14.  The heading to Section 55.19, Family Code, is
Sec. 55.19.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
SECTION 4.15.  Section 55.19(a), Family Code, is amended to
(a)  The juvenile court may waive its exclusive original
jurisdiction and transfer all pending proceedings from the juvenile
court to a criminal court on or after the 19th [18th] birthday of a
child for whom the juvenile court or a court to which the child's
case was referred under Section 55.12(2) ordered inpatient mental
(1)  the child is not discharged or furloughed from the
inpatient mental health facility before reaching 19 [18] years of
(2)  the child is alleged to have engaged in delinquent
conduct that included a violation of a penal law listed in Section
53.045 and no adjudication concerning the alleged conduct has been
SECTION 4.16.  Section 55.43(a), Family Code, is amended to
(a)  The prosecuting attorney may file with the juvenile
court a motion for a restoration hearing concerning a child if:
(1)  the child is found unfit to proceed as a result of
mental illness or an intellectual disability; and
(i)  ordered by a court to receive inpatient
mental health or intellectual disability services;
(ii)  ordered by a court to receive services
at a residential care facility; or
(iii)  ordered by a court to receive
treatment or services on an outpatient basis; or
(B)  is discharged or currently on furlough from a
mental health facility or discharged from an alternative setting
before the child reaches 19 [18] years of age.
SECTION 4.17.  The heading to Section 55.44, Family Code, is
Sec. 55.44.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
SECTION 4.18.  Section 55.44(a), Family Code, is amended to
(a)  The juvenile court may waive its exclusive original
jurisdiction and transfer all pending proceedings from the juvenile
court to a criminal court on or after the 19th [18th] birthday of a
child for whom the juvenile court or a court to which the child's
case is referred has ordered inpatient mental health services or
residential care for persons with an intellectual disability if:
(1)  the child is not discharged or currently on
furlough from the facility before reaching 19 [18] years of age; and
(2)  the child is alleged to have engaged in delinquent
conduct that included a violation of a penal law listed in Section
53.045 and no adjudication concerning the alleged conduct has been
SECTION 4.19.  The heading to Section 56.03, Family Code, is
Sec. 56.03.  APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
SECTION 4.20.  Section 56.03(b), Family Code, is amended to
(b)  The state is entitled to appeal an order of a court:
(1)  in a juvenile case in which the grand jury has
approved of the petition under Section 53.045 if the order:
(A) [(1)]  dismisses a petition or any portion of
(B) [(2)]  arrests or modifies a judgment;
(D) [(4)]  sustains a claim of former jeopardy;
(E) [(5)]  grants a motion to suppress evidence, a
confession, or an admission and if:
(i) [(A)]  jeopardy has not attached in the
(ii) [(B)]  the prosecuting attorney
certifies to the trial court that the appeal is not taken for the
(iii) [(C)]  the evidence, confession, or
admission is of substantial importance in the case; or
(2)  if the order denies the transfer of the child under
Section 54.02 to criminal court for prosecution as an adult.
SECTION 4.21.  Section 58.0052(a)(3), Family Code, is
(3)  "Multi-system youth" means a person who:
(A)  is younger than 20 [19] years of age; and
(B)  has received services from two or more
SECTION 4.22.  Section 58.253(b), Family Code, is amended to
(b)  A person who was referred to a juvenile probation
department for delinquent conduct is entitled to have all records
related to the person's juvenile matters, including records
relating to any matters involving conduct indicating a need for
supervision, sealed without applying to the juvenile court if the
(1)  is at least 20 [19] years of age;
(2)  has not been adjudicated as having engaged in
delinquent conduct or, if adjudicated for delinquent conduct, was
not adjudicated for delinquent conduct violating a penal law of the
(3)  does not have any pending delinquent conduct
(4)  has not been transferred by a juvenile court to a
criminal court for prosecution under Section 54.02;
(5)  has not as an adult been convicted of a felony or a
misdemeanor punishable by confinement in jail; and
(6)  does not have any pending charges as an adult for a
felony or a misdemeanor punishable by confinement in jail.
SECTION 4.23.  Section 58.255(a), Family Code, is amended to
(a)  A person who was referred to a juvenile court for
conduct indicating a need for supervision is entitled to have all
records related to all conduct indicating a need for supervision
matters sealed without applying to the juvenile court if the
(1)  has records relating to the conduct filed with the
(2)  is at least 19 [18] years of age;
(3)  has not been referred to the juvenile probation
department for delinquent conduct;
(4)  has not as an adult been convicted of a felony; and
(5)  does not have any pending charges as an adult for a
felony or a misdemeanor punishable by confinement in jail.
SECTION 4.24.  Section 58.256(c), Family Code, is amended to
(c)  Except as provided by Subsection (d), the juvenile court
may order the sealing of records related to all matters for which
the person was referred to the juvenile probation department if the
(1)  is at least 18 [17] years of age, or is younger
than 18 [17] years of age and at least one year has elapsed after the
date of final discharge in each matter for which the person was
referred to the juvenile probation department;
(2)  does not have any delinquent conduct matters
pending with any juvenile probation department or juvenile court;
(3)  was not transferred by a juvenile court to a
criminal court for prosecution under Section 54.02;
(4)  has not as an adult been convicted of a felony; and
(5)  does not have any pending charges as an adult for a
felony or a misdemeanor punishable by confinement in jail.
SECTION 4.25.  Section 58.264(b), Family Code, is amended to
(b)  The records related to a person referred to a juvenile
probation department may be destroyed if the person:
(1)  is at least 19 [18] years of age, and:
(A)  the most serious conduct for which the person
was referred was conduct indicating a need for supervision, whether
or not the person was adjudicated; or
(B)  the referral or information did not relate to
conduct indicating a need for supervision or delinquent conduct and
the juvenile probation department, prosecutor, or juvenile court
did not take action on the referral or information for that reason;
(2)  is at least 21 years of age, and:
(A)  the most serious conduct for which the person
was adjudicated was delinquent conduct that violated a penal law of
(B)  the most serious conduct for which the person
was referred was delinquent conduct and the person was not
adjudicated as having engaged in the conduct; or
(3)  is at least 31 years of age and the most serious
conduct for which the person was adjudicated was delinquent conduct
that violated a penal law of the grade of felony.
SECTION 4.26.  Section 59.005(b), Family Code, is amended to
(b)  The juvenile court or the probation department shall
discharge the child from the custody of the probation department on
the date the provisions of this section are met or on the child's
19th [18th] birthday, whichever is earlier.
SECTION 4.27.  Section 59.006(b), Family Code, is amended to
(b)  The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 19th [18th] birthday,
SECTION 4.28.  Section 59.007(b), Family Code, is amended to
(b)  The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 19th [18th] birthday,
SECTION 4.29.  Section 59.008(b), Family Code, is amended to
(b)  The juvenile court shall discharge the child from the
custody of the probation department on the date the provisions of
this section are met or on the child's 19th [18th] birthday,
SECTION 4.30.  Section 59.009(c), Family Code, is amended to
(c)  The Texas Juvenile Justice Department, juvenile board,
or local juvenile probation department may discharge the child from
the custody of the department, board, or probation department, as
applicable, on the date the provisions of this section are met or on
the child's 20th [19th] birthday, whichever is earlier.
SECTION 4.31.  Section 61.051(c), Family Code, is amended to
(c)  The juvenile court retains jurisdiction to enter a
contempt order if the motion for enforcement is filed not later than
six months after the child's 19th [18th] birthday.
SECTION 4.32.  Section 614.019(b), Health and Safety Code,
(b)  A child with mental illness who is receiving continuity
of care services during parole from the Texas Juvenile Justice
Department and who is no longer eligible to receive services from a
local mental health authority when the child becomes 18 [17] years
of age because the child does not meet the requirements of a local
service area plan under Section 533.0352(a) may continue to receive
continuity of care services from the office until the child
SECTION 4.33.  Section 63.001(1), Human Resources Code, is
(1)  "Juvenile" means a person from the age of 10 to 20
(A)  has been found to have engaged in delinquent
conduct by a juvenile court; and
(B)  is under the jurisdiction of the juvenile
court [of competent jurisdiction].
SECTION 4.34.  Section 152.0015, Human Resources Code, is
Sec. 152.0015.  PRETRIAL DETENTION POLICY FOR CERTAIN
JUVENILES.  A juvenile board shall establish a policy that
specifies whether a person who has been transferred for criminal
prosecution under Section 54.02, Family Code, and is younger than
18 [17] years of age may be detained in a juvenile facility pending
trial as provided by Section 51.12, Family Code.
SECTION 4.35.  Section 201.001(a)(2), Human Resources Code,
(2)  "Child" means an individual[:
[(A)]  10 years of age or older and younger than 20
[18] years of age who is under the jurisdiction of a juvenile
[(B)  10 years of age or older and younger than 19
years of age who is committed to the department under Title 3,
SECTION 4.36.  Section 243.001(a), Human Resources Code, is
(a)  The department may not assign a child younger than 16
[15] years of age to the same correctional facility dormitory as a
person who is at least 18 [17] years of age unless the department
determines that the placement is necessary to ensure the safety of
children in the custody of the department.  This subsection does not
apply to a dormitory that is used exclusively for short-term
assessment and orientation purposes.
SECTION 4.37.  Section 243.051(b), Human Resources Code, is
(b)  A child who is arrested or taken into custody under
Subsection (a) may be detained in any suitable place, including an
adult jail facility if the person is 18 [17] years of age or older,
until the child is returned to the custody of the department or
transported to a department facility.
SECTION 4.38.  Sections 244.014(a) and (a-1), Human
Resources Code, are amended to read as follows:
(a)  After a child sentenced to commitment under Section
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
years of age but before the child becomes 20 [19] years of age, the
department may refer the child to the juvenile court that entered
the order of commitment for approval of the child's transfer to the
Texas Department of Criminal Justice for confinement if:
(1)  the child has not completed the sentence; and
(2)  the child's conduct, regardless of whether the
child was released under supervision under Section 245.051,
indicates that the welfare of the community requires the transfer.
(a-1)  After a child sentenced to commitment under Section
54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
years of age but before the child becomes 20 [19] years of age, the
department shall refer the child to the juvenile court that entered
the order of commitment for approval of the child's transfer to the
Texas Department of Criminal Justice for confinement if:
(1)  the child has not completed the sentence;
(2)  while the child was committed to the custody of the
department, the child was subsequently adjudicated or convicted for
conduct constituting a felony of the first or second degree or an
offense punishable under Section 22.01(b)(1), Penal Code; and
(3)  the child was at least 17 [16] years of age at the
SECTION 4.39.  Section 244.015, Human Resources Code, is
Sec. 244.015.  EVALUATION OF CERTAIN CHILDREN SERVING
DETERMINATE SENTENCES.  (a)  When a child who is sentenced to
commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
Family Code, becomes 19 [18] years of age, the department shall
evaluate whether the child is in need of additional services that
can be completed in the six-month period after the child's 19th
[18th] birthday to prepare the child for release from the custody of
the department or transfer to the Texas Department of Criminal
(b)  This section does not apply to a child who is released
from the custody of the department or who is trans