73R6378 JMM-F By Chisum, et al. H.B. No. 293 Substitute the following for H.B. No. 293: By Thompson of Harris C.S.H.B. No. 293 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the deferral of adjudication and dismissal of a case on 1-3 completion of an alternative commitment program by certain juvenile 1-4 offenders. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 54, Family Code, is amended by adding 1-7 Section 54.033 to read as follows: 1-8 Sec. 54.033. DEFERRAL OF ADJUDICATION AND DISMISSAL OF 1-9 CERTAIN CASES ON COMPLETION OF ALTERNATIVE COMMITMENT PROGRAM. (a) 1-10 A juvenile court may defer adjudication proceedings under Section 1-11 54.03 of this code for 90 days if the child: 1-12 (1) is alleged to have engaged in delinquent conduct; 1-13 (2) waives, under Section 51.09 of this code, the 1-14 privilege against self-incrimination and testifies under oath that 1-15 the allegations in the state's petition are true; 1-16 (3) presents to the court an oral or written request 1-17 to attend an alternative commitment program; and 1-18 (4) has not successfully completed an alternative 1-19 commitment program in the two years preceding the date that the 1-20 alleged conduct occurred. 1-21 (b) A child whose adjudication is deferred under this 1-22 section must successfully complete during the time the adjudication 1-23 is deferred an alternative commitment program as ordered by the 1-24 court. 2-1 (c) If it is determined by the director of the alternative 2-2 commitment program or the court that a child is not complying with 2-3 the rules of the program or that the child is medically or 2-4 psychologically unsuitable for the program, the director or court 2-5 shall remove the child from the program and the juvenile court 2-6 shall reassume custody of the child to resume adjudication 2-7 proceedings under Section 54.03 of this code. 2-8 (d) The court shall dismiss a child's case with prejudice if 2-9 at the conclusion of the deferral period the child presents 2-10 satisfactory evidence that the child has successfully completed the 2-11 alternative commitment program. 2-12 (e) A case dismissed under this section may not be part of 2-13 the child's records for any purpose. 2-14 SECTION 2. Chapter 142, Human Resources Code, is amended by 2-15 adding Section 142.005 to read as follows: 2-16 Sec. 142.005. ALTERNATIVE COMMITMENT PROGRAM. (a) A 2-17 juvenile board may establish an alternative commitment program for 2-18 juveniles who are committed under Section 54.033, Family Code. 2-19 (b) The juvenile board shall adopt rules of conduct for 2-20 children participating in the program under this section. 2-21 SECTION 3. This Act takes effect September 1, 1993. 2-22 SECTION 4. (a) The change in law made by this Act applies 2-23 only to conduct that occurs on or after the effective date of this 2-24 Act. Conduct violating a penal law of the state occurs on or after 2-25 the effective date of this Act if every element of the violation 2-26 occurs on or after that date. 2-27 (b) Conduct that occurs before the effective date of this 3-1 Act is covered by the law in effect at the time the conduct 3-2 occurred, and the former law is continued in effect for that 3-3 purpose. 3-4 SECTION 5. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.