By: Chisum H.B. No. 293 73R1076 JMM-D 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 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 that requires the 1-24 child to participate in strenuous labor and to attend programs to 2-1 educate the child as to the conditions under which inmates in the 2-2 institutional division of the Texas Department of Criminal Justice 2-3 live. 2-4 (c) If it is determined by the Texas Youth Commission or the 2-5 director of the alternative commitment program that a child is not 2-6 complying with the rules of the program or that the child is 2-7 medically or psychologically unsuitable for the program, the child 2-8 shall be removed from the program and the juvenile court shall 2-9 reassume custody of the child to resume adjudication proceedings 2-10 under Section 54.03 of this code. 2-11 (d) The court shall dismiss a child's case with prejudice if 2-12 at the conclusion of the deferral period the child presents 2-13 satisfactory evidence that the child has successfully completed the 2-14 alternative commitment program. 2-15 (e) A case dismissed under this section may not be part of 2-16 the child's records for any purpose. 2-17 SECTION 2. Subchapter D, Chapter 61, Human Resources Code, 2-18 is amended by adding Section 61.067 to read as follows: 2-19 Sec. 61.067. ALTERNATIVE COMMITMENT PROGRAM. (a) The 2-20 commission shall establish an alternative commitment program for 2-21 juveniles who are committed under Section 54.033, Family Code. 2-22 (b) The commission shall adopt rules of conduct for children 2-23 participating in the program under this section. 2-24 SECTION 3. This Act takes effect September 1, 1993. 2-25 SECTION 4. (a) The change in law made by this Act applies 2-26 only to conduct that occurs on or after the effective date of this 2-27 Act. Conduct violating a penal law of the state occurs on or after 3-1 the effective date of this Act if every element of the violation 3-2 occurs on or after that date. 3-3 (b) Conduct that occurs before the effective date of this 3-4 Act is covered by the law in effect at the time the conduct 3-5 occurred, and the former law is continued in effect for that 3-6 purpose. 3-7 SECTION 5. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended.