H.B. No. 31 seeks to reform juvenile justice proceedings and improve the treatment of children in juvenile facilities. Key provisions include prohibiting community supervision for defendants aged 17 or older who commit certain felony offenses while in juvenile facilities, and defining "mitigating evidence" to encompass factors that reduce a child's culpability, taking into account their growth and maturity. The bill also establishes regulations against the use of chemical dispensing devices on pregnant children in juvenile facilities and mandates annual audits of use of force incidents to ensure adherence to de-escalation protocols. Additionally, it modifies the procedures for transferring juvenile cases to criminal court, emphasizing the need for thorough investigations and requiring the juvenile court to provide specific reasons for any waiver of jurisdiction.
The legislation introduces the term "serious felony conduct," which includes offenses such as murder and aggravated assault, and allows courts to commit children found guilty of such conduct to the Texas Juvenile Justice Department without a determinate sentence if they have special needs. It also establishes new procedures for hearings related to the return of children to institutions for violations of release conditions, clarifying the role of the juvenile court in transferring cases to district courts. The bill mandates the Texas Juvenile Justice Board to adopt necessary rules for implementation within 180 days of the act's effective date, set for September 1, 2025, ultimately aiming to enhance the juvenile justice system's response to serious offenses while considering the unique needs of juvenile offenders.
Statutes affected: Introduced: Family Code 51.02, Family Code 54.02, Family Code 54.04, Family Code 54.04013, Family Code 54.05 (Family Code 51, Family Code 54)
House Committee Report: Family Code 51.02, Family Code 54.02, Family Code 54.04, Family Code 54.04013, Family Code 54.05, Family Code 54.051, Government Code 41.302, Penal Code 38.112 (Penal Code 38, Government Code 41, Family Code 51, Family Code 54)