H.B. No. 31 seeks to reform juvenile justice proceedings and improve the treatment of children in juvenile facilities. The bill introduces new provisions that prohibit defendants from receiving community supervision for certain felony offenses committed while they were at least 17 years old and placed in juvenile facilities. It also defines "mitigating evidence" to include factors that reduce a child's culpability, taking into account their growth and maturity. Additionally, the legislation 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 compliance with de-escalation protocols.
The bill amends existing laws to enhance juvenile court procedures for transferring cases to criminal court, emphasizing thorough investigations and the presumption that retaining jurisdiction is in the child's best interest. It requires documentation of reasons for waiving jurisdiction and consideration of various factors, including the child's background and the nature of the offense. Key changes include the removal of references to post-adjudication secure correctional facilities and the introduction of provisions for the special commitment of juveniles with special needs. The effective date for these changes is set for September 1, 2025, applying only to conduct or offenses occurring on or after that date.
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 54, Family Code 51)
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 (Family Code 54, Family Code 51, Government Code 41, Penal Code 38)