The bill amends various sections of Texas law regarding the age at which a child may be subject to juvenile court jurisdiction and the minimum age of criminal responsibility. It raises the minimum age for a child to be defined as such in several contexts from 10 to 12 years old, specifically in the Code of Criminal Procedure, Education Code, and Family Code. Additionally, it introduces new provisions that allow for a jurisdictional hearing for children younger than 12 years of age to determine whether the court should retain jurisdiction over them. The bill also stipulates that children under 12 must be released from custody unless they pose an immediate threat to public safety.

Furthermore, the bill includes provisions that clarify the circumstances under which a child may be referred to community services rather than being processed through the juvenile court system. It establishes that a child younger than 12 cannot be prosecuted for certain offenses and outlines the presumption of incapacity for those aged 12 to 14. The bill repeals several existing provisions and specifies that the changes will apply only to offenses committed or conduct occurring on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Education Code 37.141, Family Code 51.02, Family Code 52.02, Family Code 53.01, Family Code 53.011, Penal Code 8.07 (Family Code 53, Family Code 52, Penal Code 8, Family Code 51, Education Code 37)