BILL ANALYSIS C.S.H.B. 327 Juvenile Justice and Family Issues Committee March 20, 1995 Committee Report (Substituted) BACKGROUND Currently, Title 3, Family Code, is concerned with delinquent children and children in need of supervision. Title 3 contains no reference to either punishment or restitution. H.B. 327 would change the name of Title 3 to "Juvenile Justice Code" to better reflect the purpose and interpretation. The emphasis will be on the protection of the public and promotion of the concept of punishment for criminal acts. Rehabilitation that emphasizes accountability and responsibility of both the parent and the child is also stressed. PURPOSE As proposed, H.B. 327 will change Title 3, Family Code, to protect the public by aiding law enforcement officials, judges, probation workers and district attorneys in dealing with juveniles who have committed an offense. Determinate sentencing and progressive sanctions have been addressed. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Title 3, Family Code, as follows: TITLE 3. JUVENILE JUSTICE CODE SECTION 2. Amends Section 51.01, Family Code, to set forth the purposes of this title. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 51.02, Family Code, by adding Subdivisions (11)-(16) to define "status offender", "valid court order", "secure detention facility", "secure correctional facility", "nonoffender" and "aggravated felony". SECTION 4. Amends Sections 51.03(a) and (b), Family Code, to provide that contempt of a Justice or Municipal Court is delinquent conduct. Provides that an act violating a school district's written standards of conduct for which the child has been expelled under Section 21.3011, Education Code, is conduct indicating a need for supervision. SECTION 5. Amends Chapter 51, Family Code, by adding Sections 51.041 and 51.042, as follows: Sec. 51.041. JURISDICTION AFTER APPEAL. Provides that the juvenile court does not lose jurisdiction over a case because the child has become 18 years old when an appeal is pending. Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE CHILD. Provides that the child has the burden of objecting because of the age of the child. Provides that a failure to object results in a waiver. SECTION 6. Amends Section 51.06(b), Family Code, to require a habeas proceeding for a person over 18 years of age to be brought in the county of commitment. SECTION 7. Amends Section 51.09(b), Family Code, to require magistrates' warnings to a child before custodial interrogation to reflect the lowering of the minimum certification age from 15 to 14 years of age. Requires a magistrate to warn a child that if the child has previously been certified as an adult and has committed a felony, the child will be tried as an adult. Requires the magistrates' warning to include the offenses added and the habitual offender provision of determinate sentencing (SECTION 18, Family Code Section 53.045(a)). SECTION 8. Reenacts and amends Section 51.09(c), Family Code, regarding the admissibility of a child's statement who was not warned under Subsections (b)(1)(E) and (F). Requires a warning under Subsection (b)(1)(G) only when applicable to the facts of the case. Provides that statement made by a child is not inadmissible because of a failure to warn a child under Subsection (b)(1)(G) unless the state proceeds against the child on a petition approved by a grand jury under Section 53.045 (determinate sentencing). SECTION 9. Amends Section 51.12, Family Code, by amending Subsections (a) and (c) and adding Subsections (f), (g), and (h), as follows: (a) Allows a child, except after transfer to criminal court, to be detained in a juvenile processing office in compliance with Section 52.025, a place of nonsecure custody in compliance with Section 52.027, or a certified juvenile detention facility in compliance with Subsection (f). (c) Requires the Juvenile Boards to inspect and certify local secure correctional facilities. Permits the Board to use TJPC or American Correctional Association standards. (f) Requires a child detained in a building containing a jail, lockup or other place of secure confinement to be separated by sight and sound from adults detained in the same building. (g) Requires separate security and direct care staff in facilities serving both juveniles and adults. (h) Provides that this section does not apply to a person transferred to criminal court for prosecution under Section 54.02, or a person 18 years of age or older taken into custody after either escaping from a juvenile facility or violating a condition of probation or release. SECTION 10. Amends Section 51.13, Family Code, by amending Subsection (a) and adding Subsection (d) as follows: (a) Makes a conforming change. (d) Provides that an adjudication under Section 54.03 that results in a child's commitment to the TYC under Section 54.04(d)(2) or (3) is a final felony conviction for the purposes of Sections 12.42(a)-(c) and (e), Penal Code (penalty enhancements). SECTION 11. Amends Section 51.17, Family Code, as follows: Sec. 51.17. PROCEDURE AND EVIDENCE. Provides that the Texas Rules of Civil Procedure apply to proceedings under this title except as to burden of proof and when not otherwise in conflict with a provision of this title. Provides that discovery under this title is governed by the Code of Criminal Procedure and criminal case decisions. Provides that the Texas Rules of Criminal Evidence apply to judicial proceedings under this title. SECTION 12. Amends Section 52.01(a), Family Code, to allow a child to be taken into custody pursuant to a directive to apprehend issued under Section 52.015, or if there is probable cause, rather than reasonable grounds, to believe that the child has violated a penal law of this state or a penal ordinance of any political subdivision. Makes conforming and nonsubstantive changes. SECTION 13. Amends Chapter 52, Family Code, by adding Section 52.015, as follows: Sec. 52.015. DIRECTIVE TO APPREHEND. Authorizes a juvenile court to issue a directive to apprehend a child if the court finds there is probable cause to take the child into custody on the request of a law-enforcement or probation officer. Requires the law- enforcement or probation officer requesting the directive to take a child into custody upon issuance of a directive to apprehend. Prohibits appeal of an order under this section. SECTION 14. Amends Chapter 52, Family Code, by adding Section 52.027, as follows: Sec. 52.027. CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC OFFENSES, OTHER FINEABLE ONLY OFFENSES, OR AS A STATUS OFFENDER. (a) Allows a child taken into custody for a traffic or other fineable only offense other than public intoxication, or as a status offender or nonoffender, to be released to the child's parent or other responsible adult as provided in Section 52.02(a)(1). (b) Requires a child described by Subsection (a) to be taken only to a place for nonsecure custody for children unless the child is released under Section 52.02(a)(1), taken before a municipal or justice court, or taken to a juvenile detention facility for truancy or running away. (c) Defines a place of nonsecure custody. (d) Describes the procedures to be followed in a place of nonsecure custody for children. (e) Prohibits keeping a child for more than six hours in a place of nonsecure custody. (f) Prohibits placing a child taken into custody for a traffic or other fineable only offense in a juvenile detention facility except after transfer to juvenile court under Section 51.08(b) or upon referral for contempt of a municipal or justice court. (g) Authorizes a law enforcement officer to issue a field release citation as provided in Article 14.06, Code of Criminal Procedure, for a traffic or fineable only offense, except for public intoxication. (h) Requires a child in contempt of a municipal or justice court to be referred to juvenile court for delinquent conduct. (i) Defines "child" for the purposes of this section. SECTION 15. Amends Sections 53.01(a) and (b), Family Code, by eliminating the power of the intake officer to counsel and release a child at his or her discretion. SECTION 16. Amends Chapter 53, Family Code, by adding Sections 53.011-53.013, as follows: Sec. 53.011. DISPOSITION OF CHILD FOR WHOM PROBABLE CAUSE EXISTS. Requires a child to be referred to the prosecuting attorney or assigned appropriate sanctions as provided by Section 53.012 upon a determination under Section 53.01 that there is probable cause that the child engaged in delinquent conduct or conduct indicating a need for supervision. Sec. 53.012. REFERRAL OF CHILD; REVIEW BY PROSECUTOR. (a) Requires a child who allegedly commits a felony offense to be referred to the prosecuting attorney with specific documentation. (b) Requires a child who allegedly commits a misdemeanor offense or conduct indicating a need for supervision to be referred to the prosecuting attorney with specific documentation or assigned appropriate sanctions under Section 59.002. (c) Requires the prosecuting attorney to review each referral for legal sufficiency and desirability of prosecution. (d) Requires the prosecuting attorney who does not file a petition against a referred child to terminate all proceedings or return the referral to the probation department for assignment of appropriate sanctions. (e) Requires the juvenile probation department to refer all violations by a child of non-judicial sanctions to the prosecuting attorney for review. Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. Authorizes juvenile boards to adopt progressive sanctions programs using Chapter 59 guidelines (SECTION 41). SECTION 17. Amends Section 53.03, Family Code, to read as follows: Sec. 53.03. DEFERRED PROSECUTION. Authorizes a juvenile court to defer prosecution of a child and order the probation department to impose sanctions under Section 59.002. Deletes language pertaining to informal adjustment. Prohibits the use of deferred adjudication in felony cases, cases under Section 46 of the Penal Code (weapons violations), or cases in which the child has violated the law on three previous separate occasions. Requires the probation officer to report violations of deferred adjudication to the juvenile court. Makes conforming changes. SECTION 18. Amends Sections 53.045(a), Family Code, by expanding determinate sentencing to include aggravated assault against a public servant, aggravated robbery, aggravated assault with a deadly weapon, felony deadly conduct with a deadly weapon, manslaughter, intoxication manslaughter, aggravated controlled substance violations, indecency with a child, felony injury to a child, elderly individual or disabled individual, criminal solicitation of a minor, attempted murder, and attempt to commit an offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure. Provides that the commission of a third felony after two previous felony adjudications is a determinate sentence offense. SECTION 19. Amends Chapter 53, Family Code, by adding Section 53.08, as follows: Sec. 53.08. WRIT OF ATTACHMENT. Authorizes the juvenile court to issue a writ of attachment for a person who fails to appear in court pursuant to an order entered under Section 53.06(c). Provides that a writ of attachment be executed in the same manner as in a criminal proceeding under Chapter 24, Code of Criminal Procedure. SECTION 2O. Amends Section 54.01, Family Code, by amending Subsections (h) and (l) and adding Subsection (n), to prohibit a detention order from extending for more than 10 working days. Prohibits a waiver of the initial detention hearing. Requires a judge to approve a referee's recommendations by the next working day. Provides that an attorney appointed after a child is detained at the initial hearing can demand a de novo hearing, which must take place not later than the second working day after the demand. SECTION 21. Amends Chapter 54, Family Code, by adding Section 54.011, as follows: Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND NONOFFENDERS. (a) Requires the detention hearing for a status offender or nonoffender to be held within 24 hours, excluding weekends and holidays. (b) Authorizes an additional 72 hour detention of a status offender accused of violating a valid court order. (c) Allows one further 72 hour detention period upon a showing of good cause. (d) Allows an extension of the detention order upon request of the child's attorney for the purpose of allowing the attorney necessary time to prepare for hearing pursuant to Section 51.10(h). (e) Allows detention for up to five days to enable the child's return to another state under Section 25.03 (Interstate Compact on Juveniles). SECTION 22. Amends Sections 54.02, Family Code, by amending Subsections (a), (g), (h), and (j), and adding Subsection (m), as follows: (a) Lowers the age at which a juvenile court may waive exclusive original jurisdiction and transfer a child to district court from 15 to 14 years of age. (g) Requires the juvenile court to either retain or transfer all offenses relating to a single criminal transaction. Permits the juvenile court to certify one criminal transaction to adult court without certifying another criminal transaction. (h) Deletes language requiring a district court to which a child is certified to determine whether good cause exists for an examining trial and to conduct one if warranted. (j) Authorizes a juvenile court to certify a person over 18 years of age for an offense committed before age 17 if the State could not proceed in juvenile court before the person's 18th birthday through no fault of the State, or if a prior certification order was set aside by an appellate or district court. (m) Requires the juvenile court to certify a child who is alleged to have committed a felony and has previously been transferred to adult court for other criminal proceedings, unless the prior certification was terminated by the district court in the juvenile's favor. SECTION 23. Amends Section 54.021, Family Code, by allowing a juvenile court to transfer a truancy case to a municipal court, as well as a justice court, for trial. Eliminates language allowing a justice court to enforce an order under Subsection (b) by contempt. SECTION 24. Amends Section 54.03(d), Family Code, by providing that the Texas Rules of Criminal Evidence apply to adjudication hearings. SECTION 25. Amends Section 54.04, Family Code, by amending Subsections (a), (d), (e), (g), and (k) and adding Subsection (m) - (p), as follows: (a) Makes conforming change. (d) Describes the new determinate sentencing scheme. Provides that an offense that is a capital felony, first degree felony, or felony punishable by a life or not more than 99 year sentence may receive a punishment of 40 years. Provides that a second degree felony may receive a 20 year sentence and a third degree felony may receive a 10 year sentence. Authorizes the court or jury to assign a child sanctions pursuant to Section 59.003. (e), (g), (k) Makes conforming changes. (m) Provides that a juvenile with two previous felony adjudications who commits a third felony offense other than a state jail felony may receive a determinate sentence. (n) Requires the court to order treatment for drug or alcohol abuse as a condition of probation if there is evidence of substance abuse by a juvenile. (o) Permits a court to order a disposition of secure confinement of a status offender if it is shown in a probation report that no other disposition is feasible. (p) Prohibits the commitment of a status offender to the TYC. SECTION 26. Amends Sections 54.041(b)-(e), Family Code, by authorizing a juvenile court to order restitution for conduct indicating a need for supervision, in addition to delinquent conduct. Requires the court to encourage mediation regarding the terms of restitution between the child and the victim. Extends the obligation for restitution payments past the child's 18th birthday if the child is in school. Makes conforming changes. SECTION 27. Amends Sections 54.042(b),(d), and (e), Family Code, by permitting a court to order the suspension of a driver's license until a juvenile becomes 19 years age, rather than 17. Extends the permissible suspension period from six to twelve months. SECTION 28. Amends Chapter 54, Family Code, by adding Section 54.045, as follows: Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT. Allows the court to consider, for purposes of disposition only and upon agreement of the prosecutor, unadjudicated delinquent conduct or conduct indicating a need for supervision for which a child has made an admission. Prohibits a child from being adjudicated for conduct for which the child has made an admission under this section. SECTION 29. Amends Section 54.05(f), Family Code, by conforming the language to Section 54.04(d)(3), Family Code, as amended in SECTION 25. SECTION 30. Amends Section 54.06, Family Code, by amending Subsection (c) and adding Subsections (d), (e) and (f), to authorize the use of any method of enforcement of child support orders under Title 2 in the enforcement of Title 3 support orders. Requires the court to use child support guidelines of Title 2 (Section 14.055) and to require a support order to include health insurance. Provides that a support order under this section takes precedence over any preexisting child support order. SECTION 31. Amends Section 54.061, Family Code, by adding Subsection (d), which authorizes a court to waive probation fees upon a finding, entered into the record, that the juvenile and parents are unable to pay. SECTION 32. Amends Section 54.08, Family Code, by requiring the court to open juvenile hearings to the public unless there is good cause to close them. Requires the court to allow a victim to attend all proceedings unless the victim is to testify and his or her testimony would be affected by hearing other testimony. SECTION 33. Amends Section 54.11, Family Code, by requiring a hearing on a person referred for transfer within 60 days of the court's receipt of the referral. Deletes language allowing a court to order the final discharge of a person referred for transfer. Authorizes a court to return a person referred for release under supervision to the TYC with or without approval for the release. Makes conforming changes. SECTION 34. Amends Section 55.02, Family Code, by adding Subsection (f) to require the Texas Department of Mental Health and Mental Retardation (TDMHMR) to accept a child who was found unfit to proceed because of mental illness. SECTION 35. Amends Sections 55.03(a) and (c), Family Code, by providing that only a mentally retarded child found to be unfit to proceed under Section 55.04 or not responsible for his or her conduct pursuant to Section 55.05 can be committed to TDMHMR. Provides that appeals under this section are to the court of appeals as in other civil proceedings. SECTION 36. Amends Section 56.01, Family Code, by adding Subsections (k), (l), and (m) to require the appellate court to dismiss an appeal if a juvenile escapes from custody while an appeal is pending unless the juvenile voluntarily returns to custody within 10 days of the escape. Authorizes the court to order the juvenile and his or her parents to pay all costs of appeal unless the court finds they are unable to pay. Requires the court to consider the assets of all persons responsible for the support of the child in determining indigency. SECTION 37. Amends Section 57.01(3), Family Code, to expand the definition of "victim" to include the owner of lessor of lost or destroyed property. SECTION 38. Amends Section 57.002, Family Code, to entitle a victim to be given notice of appellate proceedings and an explanation of deferred adjudication and case appeal and to participate in the parole process. Entitles a victim to any other right under Article 56.02, Code of Criminal Procedure. Makes conforming changes. SECTION 39. Amends Chapter 57, Family Code, by adding Section 57.008, to authorize the juvenile court to enter a protective order to protect a victim from harm by the juvenile because of the victim's participation in the juvenile justice system. SECTION 40. Amends Title 3, Family Code, by adding Chapter 58 as follows: Chapter 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM Subchapter A. RECORDS Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. Requires law enforcement to collect information described in Section 58.104 as part of the juvenile justice information system created under Subchapter B. Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. Allows a child taken into custody for a felony or misdemeanor punishable by confinement in jail to be fingerprinted and photographed, except as provided by Chapter 79, Human Resources Code (missing children). Sec. 58.003. SEALING OF RECORDS. (a) Requires the court to order the sealing of the records in a case if the court finds that certain conditions apply. (b) Prohibits a court from ordering the sealing of records of a person adjudicated for an offense listed in Section 53.045. (c) Authorizes the court to order the sealing of records of a person adjudicated for delinquent conduct constituting a felony if certain conditions apply. (d) Authorizes the court to grant relief specified in Subsection (a) after final discharge of a person or after the last official action in the case if there was no adjudication. (e) Specifies persons to whom reasonable notice of hearing is to be given. (f) Requires a copy of the sealing order to be sent to each agency or official named in the order. (g) Specifies required procedures upon entry of the order. (h) Authorizes the juvenile court to permit certain persons to inspect sealed records. (i) Requires the child to be given a written explanation of the child's rights. (j) Provides that a person whose records have been sealed under this section is not required to disclose that the person has been the subject of a proceeding under this title. Prohibits a statement that a person has not been found to be a delinquent child from being held against a person in any criminal or civil proceeding. (k) Allows a prosecuting attorney to apply to the juvenile court to reopen sealed records of a person with a felony adjudication for the purposes of Sections 12.42(a)-(c) and (e), Penal Code (adult penalty enhancement). (l) Authorizes a court, upon proper motion, to order the destruction of sealed records if certain conditions apply. Sec. 58.004. CONFIDENTIALITY OF RECORDS. Specifies persons to whom information obtained by certain entities for diagnosis, examination, evaluation, or treatment or for making a referral for treatment of a child may be disclosed. Provides that this section does not apply to information collected under Section 58.104. Subchapter B. JUVENILE JUSTICE INFORMATION SYSTEM Sec. 58.101. DEFINITIONS. Defines "criminal justice agency", "department", "disposition", "incident number", "juvenile justice agency", "juvenile offender", "state identification number", and "uniform incident fingerprint card". Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. Provides that the Department of Public Safety (department) is responsible for developing and maintaining a statewide, computerized information system that will serve as the control terminal for entry of records into the FBI's record system. Prohibits the department from collecting any information not authorized by this section. Sec. 58.103. PURPOSE OF SYSTEM. Sets forth the purposes of the juvenile justice information system. Sec. 58.104. TYPES OF INFORMATION COLLECTED. Specifies the types of information required to be included in the juvenile justice information system. Authorizes the department to designate codes relating to included information. Requires the department to designate a state identification number for each juvenile offender. Provides that this subchapter does not apply to a disposition under Section 58.102(b). Sec. 58.105. DUTIES OF JUVENILE BOARD. Specifies the duties of juvenile boards relating to the juvenile justice information system. Sec. 58.106. CONFIDENTIALITY. Provides that information contained in the information system is confidential for the use of the department and prohibits dissemination by the department except in certain instances. Sec. 58.107. COMPATIBILITY OF DATA. Requires data supplied to the information system to be compatible with the system and the incident and state identification numbers. Requires information submitted to include the juvenile's name and state identification number. Sec. 58.108. DUTIES OF AGENCIES AND COURTS. Specifies the duties of juvenile justice agencies and juvenile courts under this section. Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. Authorizes the department to provide for the use of a uniform incident fingerprint card in the maintenance of the information system. Requires the department to design, print, and distribute cards to specified agencies. Specifies requirements for incident cards. Requires the department to develop capabilities to receive incident card information by electronic means. Sec. 58.110. REPORTING. Establishes required procedures for reporting data to the information system. Sec. 58.111. LOCAL DATA ADVISORY BOARDS. Authorizes county commissioners courts to create local data advisory boards to perform the same duties relating to the juvenile justice information system as authorized by Article 60.09, Code of Criminal Procedure, in relation to the criminal history record system. SECTION 41. Amends Title 3, Family Code, by adding Chapter 59 as follows: Chapter 59. PROGRESSIVE SANCTIONS GUIDELINES Sec. 59.001. PURPOSES. Sets forth the purposes of the progressive sanctions guidelines. Sec. 59.002. APPLICABILITY. Makes this chapter applicable only to a county in which a juvenile board has adopted a progressive sanctions program as provided by Section 53.013. Sec. 59.003. SANCTION LEVEL ASSIGNMENT BY PROBATION DEPARTMENT. Authorizes the probation department to assign a sanction level of one to a child referred under Section 53.012, and a sanction level of two to a child for whom deferred prosecution is authorized under Section 53.03. Sec. 59.004. SANCTION LEVEL ASSIGNMENT GUIDELINES. Authorizes the juvenile court or probation department to assign sanction levels for various types of offenses. Authorizes the court to deviate from the specified assignment with an explanation of the reasons for the deviation. Authorizes the probation department to extend a probation period specified under levels one through five upon notification to the court of the extension and the reasons for the extension. Authorizes the court to deny the extension. Sec. 59.005. SANCTION LEVEL ONE. Directs the court to require non-judicial counseling of the child and parents with warnings as to sanctions that will be given for future referrals. Requires the discharge of the child when provisions of this section are met. Sec. 59.006. SANCTION LEVEL TWO. Directs the court to require judicial or non- judicial probation for three to six months and, if appropriate, to require restitution and community service by the juvenile. Requires the discharge of the child on the earlier of the date on which the provisions of this section are met or the child's 18th birthday. Sec. 59.007. SANCTION LEVEL THREE. Directs the court to require probation for six to twelve months and, if appropriate, to require restitution and community service by the juvenile. Requires the discharge of the child on the earlier of the date on which the provisions of this section are met or the child's 18th birthday. Sec. 59.008. SANCTION LEVEL FOUR. Directs the court to require at least three months in a boot camp like environment, followed by six to twelve months probation. Requires restitution and community service, if appropriate. Requires the discharge of the child on the earlier of the date on which the provisions of this section are met or the child's 18th birthday. Sec. 59.009. SANCTION LEVEL FIVE. Directs the court to require six to twelve months in a residential boot camp, followed by six to twelve months probation. Requires restitution and community service, if appropriate. Requires the discharge of the child on the earlier of the date on which the provisions of this section are met or the child's 18th birthday. Sec. 59.010. SANCTION LEVEL SIX. Directs the court to commit the juvenile to the TYC for 12 to 24 months. Directs the TYC to require 12 to 24 months in a residential boot camp. Requires restitution and community service, if appropriate. Provides requirements under which the TYC can release a child under supervision. Requires the discharge of the child on the earlier of the date on which the provisions of this section are met or the child's 21st birthday. Sec. 59.011. SANCTION LEVEL SEVEN. Directs the court to commit the juvenile to the TYC for a term provided under Section 54.04(d)(3), 54.04(m), or 54.05(f). Directs the TYC to require twelve months to ten years in a residential boot camp. Requires restitution and community service, if appropriate. Provides requirements under which the TYC can release a child under supervision. Requires the TYC to refer the child under Section 61.079, Human Resources Code, transfer the child to TDCJ under Section 61.084, Human Resources Code, or discharge the child at completion of the sentence. Sec. 59.012. DUTY OF JUVENILE BOARD. Requires a juvenile board to prepare quarterly reports to the TJPC regarding use of the progressive sanctions program. Sec. 59.013. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL. Requires the Criminal Justice Policy Council to compile information from the TYC and TJPC and submit annual reports to the governor and legislature regarding use of the progressive sanctions program. Sec. 59.014. LIABILITY. Specifies persons or entities not liable for a failure to provide a service listed under Sections 59.005 through 59.011. Sec. 59.015. APPEAL. Prohibits a child from using a failure of a person to provide a service listed under Sections 59.005 through 59.011 or a failure of a court or person to assign a sanction level under Section 59.003 or 59.004 as grounds for appeal. SECTION 42. Amends Section 42.041(b), Human Resources Code, to provide that juvenile detention facilities certified under Section 51.12, Family Code, or Section 141.042(d), or juvenile facilities operated solely for the TYC are exempted from the licensing requirements of this section. SECTION 43. Amends Section 42.052, Human Resources Code, by adding Subsection (g) to provide that juvenile detention facilities certified under Section 52.12, Family Code, or Section 141.042(d) are exempted from the certification requirements of this section. SECTION 44. Amends Subchapter C, Chapter 61, Human Resources Code, by adding Section 61.0315, to require the TYC to annually review its rehabilitation programs and report its findings to the Legislative Budget Board. SECTION 45. Amends Section 61.073, Human Resources Code, to provide that TYC records relating to a child's treatment may only be released pursuant to Sections 58.005 and 58.104, Family Code. SECTION 46. Amends Section 61.077, Human Resources Code, by requiring the TYC to accept a mentally retarded child. SECTION 47. Amends Section 61.079, Human Resources Code, as follows: Sec. 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR TRANSFER. Substitutes language, in place of current Subsection (a), authorizing the TYC to request a transfer hearing for a child committed to the TYC with a determinate sentence when the child becomes 16 years of age if the child's conduct makes the transfer necessary. SECTION 48. Amends Section 61.081, Human Resources Code, by amending Subsections (f) and (g) and adding Subsection (h) to prohibit the TYC from releasing a child under supervision unless the child has served at least 10 years for capital murder, 3 years for a first degree felony, 2 years for a second degree felony, or 1 year for a third degree felony. Makes conforming changes. SECTION 49. Amends Section 61.084, Human Resources Code, by requiring the TYC to transfer a person given a determinate sentence for capital murder to TDCJ on the person's 21st birthday if the person has not served at least 10 years or been transferred or released under supervision. Requires the TYC to transfer a person given a determinate sentence or returned to the TYC under 54.11(i)(1), Family Code, to TDCJ for parole as provided by Section 29, Article 42.18, Code of Criminal Procedure. SECTION 50. Amends Section 141.042, Human Resources Code, by amending Subsection (a) and adding Subsections (c) and (d), to establish a system of inspection of public and private post-adjudication secure correctional facilities by juvenile boards in accordance with TJPC or American Correctional Association standards. Requires TJPC to inspect private post-adjudication secure correctional facilities. SECTION 51. Amends Section 8.07(a), Penal Code, to lower the minimum certification age from 15 to 14 years. SECTION 52. Amends Section 12.42, Penal Code, by adding Subsection (f), to permit a prior felony adjudication with a commitment to the TYC to be used for the enhancement of penalties under the Penal Code. SECTION 53. Amends Chapter 15, Penal Code, by adding Section 15.031 to read as follows: Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. Creates a new criminal offense of criminal solicitation of a minor to commit an offense listed under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure. Provides that this offense is one category lower than the solicited offense. Prohibits a person from being convicted of this offense based solely on the uncorroborated testimony of the minor. SECTION 54. Amends Chapter 4, Code of Criminal Procedure, by adding Article 4.18 to read as follows: Art. 4.18. TRANSFER OF JURISDICTION FROM JUVENILE COURT. Requires a person to raise a claim that a criminal district court does not have jurisdiction because a person is under age in the district court before the commencement of trial, or the motion is waived. Requires the child to establish by a preponderance of the evidence the facts of the claim. Authorizes appellate court review of the trial court's decision on this motion. Requires a court, upon finding that it lacks jurisdiction pursuant to this motion, to transfer the case to juvenile court. SECTION 55. Amends Section 14.06(b), Code of Criminal Procedure, by providing that a law enforcement officer may issue a field release citation to a child for a Class C misdemeanor, other than an offense under Section 49.02, Penal Code (public intoxication). SECTION 56. Amends Section 3(a), Article 37.07, Code of Criminal Procedure, to authorize evidence of a delinquency adjudication for a felony or a misdemeanor punishable by confinement in jail to be offered in an adult penalty proceeding. Deletes all time limits on the admissibility of this evidence. SECTION 57. Amends Section 20, Article 42.18, Code of Criminal Procedure, to allow the provisions of this article (authorizing the pardons and paroles division of TDCJ to supervise parolees) not in conflict with Section 29 (determinate sentence parole) to apply to parole of a person from TYC. Makes conforming changes. SECTION 58. Amends Article 42.18, Code of Criminal Procedure, by adding Section 29 as follows: Sec. 29. DETERMINATE SENTENCE PAROLE. Requires the TYC to submit to the board all required information relating to a person no later than the 90th day before the date the TYC transfers the person to the custody of the pardons and paroles division. Establishes the powers and duties of a parole panel relating to the release of a person on parole. Provides that the parole period for a person is the maximum term for which the person was sentenced less calendar time actually served at the TYC or a juvenile detention facility. SECTION 59. Amends Chapter 45, Code of Criminal Procedure, by adding Article 45.522 as follows: Sec. 45.522. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. Prohibits a justice or municipal court from incarcerating a juvenile for failure to pay a fine. Provides that contempt of a justice or municipal court order is delinquent conduct under Section 51.03(a)(3), Family Code (SECTION 4). SECTION 60. Amends Section 511.009(a), Government Code, by authorizing the Commission on Jail Standards to require annual reports from municipal lockups and county jails on the number of juveniles detained. SECTION 61. Amends Section 21.3011(a), (b), (c), and (g), Education Code, to require a school board to its designee to make a referral to juvenile court on a child expelled from school by the second working day after the date of the expulsion hearing. SECTION 62. Amends Section 21.002, Government Code, by amending Subsection (a) and adding Subsection (h), to require a justice or municipal court to refer a juvenile for contempt of court to the juvenile court for handling as delinquent conduct. SECTION 63. Repeals Sections 51.14, 51.15, and 51.16, Family Code. SECTION 64. Provides that any amendment to Title 3, Family Code, by any other Act of the 74th Legislature applies only to conduct occurring before the effective date of this Act. SECTION 65. Provides that the effective date of this Act is September 1, 1995. Provides that the juvenile justice information system required by this Act must be in operation by January 1, 1996. Makes the application of this act prospective. SECTION 66. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 327 adds additional offenses to the list of determinate sentencing offenses, including habitual felony conduct. It also adds a 20 year determinate sentence term for second degree felonies, and a 10 year term for third degree felonies. Transfer and release hearings at age 18 are eliminated, and TYC is authorized to request a transfer to adult prison at any time after age 16. Court approval for parole is authorized for a period of 10 years for capital offenses, 3 years for first degree felonies, 2 years for second degree felonies, and 1 year for third degree felonies. Requires capital murderers to be transferred to prison at age 21 if they have not already been transferred or released on parole, all others are transferred to adult parole at age 21 to complete their sentences. CSHB 327 deletes provisions related to doubling the length of stay of youth found to have engaged in organized delinquent activity. Deletes provisions requiring TYC to place mentally retarded youth in a TYC facility designated for them with treatment provided by TDMHMR. CSHB 327 provides that pre-trial diversion programs meeting progressive sanction guidelines would be required only if a progressive sanction program is adopted by the juvenile board. Eliminates provisions requiring the juvenile probation department to develop a progressive sanctions plan according to TJPC standards. CSHB 327 adds a new Chapter 59, "Progressive Sanctions Guidelines", to Title 3 to provide seven sanction levels, each more restrictive and of greater duration than the previous one to guide the disposition of cases throughout the juvenile justice system. Guideline utilization and deviations would be reported and analyzed for the legislature. CSHB 327 adds provisions relating to the deinstitutionalization of status offenders, separation of juvenile and adult offenders, and certification of post-adjudication facilities to conform Title 3, Family Code, to federal laws. CSHB 327 adds a new Chapter 58, "Juvenile Justice Information System", to Title 3. Adds provisions to require sealing of certain non-felony records under certain circumstances. Adds provisions related to the development, maintenance and access to information maintained in a central records depository at DPS. Adds provision making treatment information held by public and private agencies confidential with access limited to certain entities. CSHB 327 adds expulsion from school for a previously communicated school rule as a CINS offense in juvenile court. Adds the violation of an order of a municipal or justice court as delinquent conduct in juvenile court. CSHB 327 adds chemical dependency treatment as a condition of probation. Adds the requirement that TDMHMR accept a mentally ill child pending proceedings and that the court initiate TDMHMR commitment proceedings on mentally retarded youth only if they are found unfit to proceed to trial or are not responsible for their conduct. Adds a provision authorizing courts to take additional admitted offenses into account in disposition under certain circumstances. CSHB 327 adds a provision authorizing a court to order a parent or other responsible person to pay the child's costs of appeal. CSHB 327 adds provisions authorizing a detention order to extend as long as 10 working days, requiring a new hearing for newly appointed defense attorneys, and authorizing the use of adult detention facilities for TYC youth and juvenile probationers over age 18 under certain circumstances. CSHB 327 adds provisions expanding the Victim's Rights Act to include owners and lessors of damaged property, authorizing protective orders for victims, and according victims all rights accorded victims of criminal conduct. CSHB 327 deletes provisions authorizing appeal by the prosecuting attorney, and regarding appeals to the Court of Criminal Appeals in certain cases. Adds provisions related to the jurisdiction of municipal courts, juvenile court jurisdiction following remands, limiting the time for objections due to age, the transfer of offenses relating to a single transaction, and the transfer of youth over age 18 to criminal court under certain circumstances. CSHB 327 adds the offense of criminal solicitation of a minor to the Penal Code. Adds provisions related to the elimination of examining trials following transfer and contests of discretionary transfer orders. CSHB 327 deletes a provision related to additional appointments on juvenile boards. Adds provision requiring TYC to annually evaluate the effectiveness of its rehabilitation programs. SUMMARY OF COMMITTEE ACTION H.B. 327 was considered in a public hearing on March 1, 1995. Representative De La Garza offered a substitute which was laid out to the Committee. The following persons testified in favor of HB 327: Clarice Kubala, Mental Health Association of Texas and Texans Care for Children; Mary Blackstock, League of Women Voters; Chuck Brawner, Texas Municipal Police Association; Sgt. S.C. Van Vlech, Ft. Worth Police Department; Ken Yarbrough, Chief of Police, City of Richardson; Kimbra Ogg, City of Houston. The following persons testified neutrally on HB 327: Donald Lee, Conference of Urban Counties; Vicki Wright, Texas Juvenile Probation Commission; Bob Logan, Texas Juvenile Probation Commission; Barbara Miller, Texas Department of Mental Health Mental Retardation; Steve Robinson, Texas Youth Council. The following person testified against the HB 327: Shannon Noble, Texas Network of Youth Services. The following persons testified neutrally on the proposed substitute to H.B. 327: Robert O. Dawson, Professor of Law, U.T. Austin; Jack Tucker, Texas Fathers for Equal Rights and Texas Fathers Alliance. H.B. 327 was left pending in committee. On March 2 1995, in a joint public hearing of the Committees on Appropriations and Juvenile Justice and Family Issues, Chairman Goodman testified about the costs associated with the juvenile justice system as proposed in H.B. 327. No action was taken on the bill by either committee. On March 16, 1995, in a formal meeting, Representative De La Garza moved to withdraw the substitute pending before the committee. The motion prevailed with no objection. Representative De La Garza offered a substitute which was adopted without objection. H.B. 327 was reported favorably as substituted with the recommendation that it do pass and be printed by a record vote of 7 ayes, 0 nays, 1 pnv, 1 absent.