BILL ANALYSIS



H.B. 2919
By: Brady
May 3, 1995
Committee Report (Unamended)


BACKGROUND

H.B. 2919 establishes a young adult court program for first time
offenders from 17 - 22 years of age who are enrolled in college
full time and who are charged with a penalty punishable by fine
only.  Young adult courts, like teen courts, have proven to produce
low recidivism rates as 
a result of early intervention for minor offenses.

PURPOSE

If enacted, H.B. 2919 would allow Texas justice courts or municipal
courts to establish young adult court programs.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS
     
SECTION 1.   Amends Chapter 45, Code of Criminal Procedure (JUSTICE
AND CORPORATION COURTS), by adding Article 45.551 as follows.

Art. 45.551.  DISMISSAL OF MISDEMEANOR CHARGES ON COMPLETION OF
YOUNG ADULT COURT PROGRAM.

     (a) Makes article applicable to a defendant who is between 18
     and 22 years of age and enrolled full time in an institution
     of higher education.

     (b) Allows a justice or municipal court to defer proceedings
     against a defendant for 90 days if the defendant: 

           1) is charged with a misdemeanor punishable by fine
           only.

           2) pleads no contest or guilty.

           3) gives court written request to participate in the
           program; and

           4) has not previously completed a young adult court
           program.

     (c) Requires young adult court programs to be approved by the
     court.

     (d) Requires the justice or municipal court to dismiss the
     charge against a defendant upon presentation that the
     defendant has successfully completed the program.

     (e) Prohibits charges, other than those for traffic
     violations, dismissed under this program from being included
     in a defendant's permanent criminal records.

     (f) Allows the court to require fees of up to $20.00 to cover
     the cost of court and stipulates court will pay $7.00 of any
     fee collected to young adult court program for performing its
     duties.  Stipulates that any excess fees are to be deposited
     in the city or county treasury.  Prohibits a defendant who
     requests a young adult program and fails to complete the
     program from being entitled to a refund of the fee.

     (g) Allows courts to transfer cases to contiguous counties if
     both courts and the defendant agree.

SECTION 2.

     (a) Change in law made by this Act applies only to offenses
     committed on or after the effective date.

     (b) Makes effect of the Act prospective.

SECTION 3.  Effective date:  September 1, 1995.


SUMMARY OF COMMITTEE ACTION

HB 2919 was considered by the full committee in a public hearing on
May 1, 1995.  The following person testified for HB 2919:

     Amie Fabric, representing herself.

HB 2919 was left pending.

HB 2919 was considered by the full committee in a public hearing on
May 3, 1995.  HB 2919 was reported favorably without amendment with
the recommendation that it do pass and be printed and be sent to
the Committee on Local and Consent Calendars, by a record vote of
5 ayes, 0 nays, 0 pnv, and 4 absent.