Bill: HB 487, 87(R) - 2021

Committee

House Juvenile Justice & Family Issues

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Neutral Neutral Positive Positive Neutral

Author(s)

Gene Wu

Bill Caption

Relating to the age of a child at which a juvenile court may exercise jurisdiction over the child and to the minimum age of criminal responsibility.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 487 would raise the age at which a child may be taken into law enforcement custody or charged with a school offense from 10 to 12. It would change the definition of a child for the purposes of juvenile justice to a person between 10 and 18 years old who committed a felony offense prior to turning 12 and a person between 12 and 18 who committed any delinquent conduct or conduct with need for supervision after turning 12. If enacted, a child younger than 12 who commits an offense would be required to be released from custody back to their guardians unless they pose a threat to the public or themselves.

HB 487 would permit a juvenile court to hold a jurisdictional hearing to determine based on the new standards whether they have jurisdiction over a child younger than 12. It would also remove the provision of code allowing a probation officer to refer a child to prosecution if they fail to successfully participate in post-adjudication services.

Vote Recommendation Notes

Texas Action supports HB 487 because it would promote proper personal responsibility and limit the number of minors subjected to the criminal justice system. Adults are held responsible by the government for their choices because they act as free individuals. State law correctly recognizes the diminished ability of minors to act in the same way due to lesser mental development. While the minimum age of juvenile court jurisdiction is largely up to the discretion of lawmakers, HB 487 would limit the severe consequences of the criminal justice system for minors under the age of 12, instead relying on court supervision, services, and their families.


Source URL (retrieved on 03/28/2024 11:03 AM): http://reports.texasaction.com/bill/87r/hb487?print_view=true