BILL ANALYSIS C.S.H.B. 3161 By: Davis 05-08-95 Committee Report (Substituted) BACKGROUND Judge Thomas Jones, Precinct 7 (Dallas), initiated in his court an aggressive approach to truancy reduction and prevention. Approximately 15-30 cases are seen in court weekly. The parents and children appear in court and plead their cases before the bench. This model was tested during the past school year with some reduction of truancy rates and an increase in test scores. School absences are reviewed, families are counseled, and possible family problems are identified. Families are offered community service in lieu of cash recoupment. These family intervention services benefit the truant, as well as other family members. PURPOSE As proposed, C.S.H.B. 3161 will institute a teen court program which will combat teen truancy at the early stages, provide family counseling, and aid in combatting future delinquency. It will also introduce teenagers to the legal system, through active participation in the teen court program. 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 Section 54.021(d), Family Code, to include in existing provisions a provision for the child, the child's parents, managing conservator, or guardian to attend counseling sessions. SECTION 2. Amends Chapter 54, Family Code, by adding Section 54.022 as follows: Sec. 54.022. DEFERRAL OF PROSECUTION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN COURT PILOT PROGRAM. Institutes a teen court program for municipalities with populations of 465,000 or more. Establishes procedures for a teen court program. Participants in teen court will include a justice court judge, a peer group coordinator,prosecuting and defense attorney's, bailiff, clerk, and jury of peers all of which will be chosen by the peer group coordinator. The court may require the child who requests teen court to pay a fee not to exceed $20 to help cover the cost of administering this program. Provides that this section expires September 1, 1999. SECTION 3. This act continues in effect after January 1, 1996. The Texas Juvenile Probation Commission shall provide grants upon request for a total of 100,000 each year of the fiscal biennium from the funds appropriated to the commission. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill provided for the establishment of a state-wide teen court program. The substitute establishes teen court as a pilot program in municipalities with populations of 465,000 or more, as well as adding a provision for counselling sessions for the truant child, parent, guardian, or conservator. The substitute also establishes the Texas juvenile Probation Commission as the rulemaking authority and mandates that the commission provide grants upon request in the amount of $100,000 to help fund the program. The substitute also adds a provision for the court to be able to assess a fee not to exceed $20 to the child making the request for teen court proceedings. SUMMARY OF COMMITTEE ACTION H.B. 3161 was considered in a public hearing on May 3, 1995. The following persons testified in favor of the bill: Robby Collins, representing Texas School Alliance and Dallas I.S.D.; Deborah A. Wilson, representing Teen Court, Precinct 7, Dallas County; Weselene Wiley, representing herself; Jesse Lowery, representing Teen Court, Precinct 7, Dallas County; Moniece Shead, representing Teen Court, Precinct 7, Dallas County; Charles Ray King, Jr., representing Teen Court, Precinct 7, Dallas County; Pam Campos, representing Teen Court, Precinct 7, Dallas County. The bill was left pending in committee. In a formal meeting on May 6, 1995, the committee considered a complete substitute for the bill. Two amendments were offered to the substitute which were adopted without objection. The substitute as amended was adopted without objection. The chair directed the staff to incorporate the amendments into the substitute. H.B. 3161 was reported favorably as substituted with the recommendation that it do pass and be printed by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.