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.