By: Whitmire	S.B. No. 2190
	(In the Senate - Filed April 7, 2021; April 12, 2021, read
	first time and referred to Committee on Criminal Justice;
	April 21, 2021, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 6, Nays 0; April 21, 2021,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 2190	By:  Whitmire

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution and detention of a juvenile who engages
	in delinquent conduct or commits a felony offense while committed
	to the custody of the Texas Juvenile Justice Department.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 53.045(a), Family Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (e), the prosecuting
	attorney may refer the petition to the grand jury of the county in
	which the court in which the petition is filed presides if the
	petition alleges that the child engaged in delinquent conduct that:
	(1)  constitutes habitual felony conduct as described
	by Section 51.031;
	(2)  [or that] included the violation of any of the
	following provisions:
	(A) [(1)]  Section 19.02, Penal Code (murder);
	(B) [(2)]  Section 19.03, Penal Code (capital
	murder);
	(C) [(3)]  Section 19.04, Penal Code
	(manslaughter);
	(D) [(4)]  Section 20.04, Penal Code (aggravated
	kidnapping);
	(E) [(5)]  Section 22.011, Penal Code (sexual
	assault) or Section 22.021, Penal Code (aggravated sexual assault);
	(F) [(6)]  Section 22.02, Penal Code (aggravated
	assault);
	(G) [(7)]  Section 29.03, Penal Code (aggravated
	robbery);
	(H) [(8)]  Section 22.04, Penal Code (injury to a
	child, elderly individual, or disabled individual), if the offense
	is punishable as a felony, other than a state jail felony;
	(I) [(9)]  Section 22.05(b), Penal Code (felony
	deadly conduct involving discharging a firearm);
	(J) [(10)]  Subchapter D, Chapter 481, Health and
	Safety Code, if the conduct constitutes a felony of the first degree
	or an aggravated controlled substance felony (certain offenses
	involving controlled substances);
	(K) [(11)]  Section 15.03, Penal Code (criminal
	solicitation);
	(L) [(12)]  Section 21.11(a)(1), Penal Code
	(indecency with a child);
	(M) [(13)]  Section 15.031, Penal Code (criminal
	solicitation of a minor);
	(N) [(14)]  Section 15.01, Penal Code (criminal
	attempt), if the offense attempted was an offense under Section
	19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
	murder), or an offense listed by Article 42A.054(a), Code of
	Criminal Procedure;
	(O) [(15)]  Section 28.02, Penal Code (arson), if
	bodily injury or death is suffered by any person by reason of the
	commission of the conduct;
	(P) [(16)]  Section 49.08, Penal Code
	(intoxication manslaughter); or
	(Q) [(17)]  Section 15.02, Penal Code (criminal
	conspiracy), if the offense made the subject of the criminal
	conspiracy includes a violation of any of the provisions referenced
	in Paragraphs (A) through (P); or
	(3)  constitutes a felony of the first, second, or
	third degree committed while the child was committed to the Texas
	Juvenile Justice Department [Subdivisions (1) through (16)].
	SECTION 2.  Section 245.101, Human Resources Code, is
	amended by amending Subsection (a) and adding Subsection (a-1) to
	read as follows:
	(a)  Except as provided by Subsection (a-1), after [After] a
	child who is committed to the department without a determinate
	sentence completes the minimum length of stay established by the
	department for the child under Section 243.002, the department
	shall, in the manner provided by this section and Section 245.102:
	(1)  discharge the child from the custody of the
	department;
	(2)  release the child under supervision under Section
	245.051; or
	(3)  extend the length of the child's stay in the
	custody of the department.
	(a-1)  The department may not discharge a child from the
	custody of the department or release a child under supervision as
	provided by Subsection (a) if the child:
	(1)  is alleged by a pending petition to have engaged in
	delinquent conduct during the child's commitment to the department;
	or
	(2)  is under indictment for a felony committed during
	the child's commitment to the department.
	SECTION 3.  Section 245.102(a), Human Resources Code, is
	amended to read as follows:
	(a)  A panel may extend the length of the child's stay as
	provided by Section 245.101(a)(3) only if:
	(1)  the panel determines by majority vote and on the
	basis of clear and convincing evidence that:
	(A) [(1)]  the child is in need of additional
	rehabilitation from the department; and
	(B) [(2)]  the department will provide the most
	suitable environment for that rehabilitation; or
	(2)  the child:
	(A)  is alleged by a pending petition to have
	engaged in delinquent conduct during the child's commitment to the
	department; or
	(B)  is under indictment for a felony committed
	during the child's commitment to the department.
	SECTION 4.  This Act applies only to conduct that occurs or
	an offense committed on or after the effective date of this Act.
	Conduct that occurs or an offense committed before the effective
	date of this Act is governed by the law in effect on the date the
	conduct occurred or the offense was committed, and the former law is
	continued in effect for that purpose. For the purposes of this
	section, conduct occurred or an offense was committed before the
	effective date of this Act if any element of the conduct or offense
	occurred before that date.
	SECTION 5.  This Act takes effect September 1, 2021.
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