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.