74(R) HB 327 House Committee Report

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.

(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.

(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.

(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.