H.B. No. 31 seeks to reform juvenile justice proceedings in Texas by enhancing the treatment of children in juvenile facilities. The bill introduces the definition of "mitigating evidence," which considers a child's growth, maturity, and diminished culpability compared to adults. It prohibits the use of chemical dispensing devices, such as pepper spray, against children and mandates annual audits of use-of-force incidents to ensure adherence to de-escalation protocols. Additionally, the bill establishes strict guidelines for solitary confinement, requiring documentation and reporting for each instance a child is placed in such conditions.

The bill also modifies the transfer of juvenile cases to criminal court, emphasizing the importance of retaining jurisdiction over juveniles. It establishes a presumption in favor of juvenile court jurisdiction unless the state can prove otherwise and requires the juvenile court to inform the child of their rights and conduct a comprehensive diagnostic study before any transfer hearing. Furthermore, it introduces a new definition of "serious felony conduct" and allows for the commitment of children with behavioral health or special needs to the Texas Juvenile Justice Department without a determinate sentence. The changes will take effect on September 1, 2025, and apply to conduct and hearings 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)