By Goodman, Thompson, Combs, De La Garza, H.B. No. 327
Cuellar of Webb, et al.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the juvenile justice system; providing for the
1-3 enhancement of penalties; providing criminal penalties for adults
1-4 and children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Title 3, Family Code, is amended
1-7 to read as follows:
1-8 TITLE 3. JUVENILE JUSTICE CODE <DELINQUENT CHILDREN
1-9 AND CHILDREN IN NEED OF SUPERVISION>
1-10 SECTION 2. Section 51.01, Family Code, is amended to read as
1-11 follows:
1-12 Sec. 51.01. Purpose and Interpretation. This title shall be
1-13 construed to effectuate the following public purposes:
1-14 (1) to provide for the protection of the public and
1-15 public safety;
1-16 (2) consistent with the protection of the public and
1-17 public safety:
1-18 (A) to promote the concept of punishment for
1-19 unlawful acts;
1-20 (B) to remove, where appropriate, the taint of
1-21 criminality from children committing certain unlawful acts; and
1-22 (C) to provide treatment, training, and
1-23 rehabilitation that emphasizes the accountability and
1-24 responsibility of both the parent and the child for the child's
2-1 conduct;
2-2 (3) to provide for the care, the protection, and the
2-3 wholesome moral, mental, and physical development of children
2-4 coming within its provisions;
2-5 (4) <(2)> to protect the welfare of the community and
2-6 to control the commission of unlawful acts by children;
2-7 (5) <(3) consistent with the protection of the public
2-8 interest, to remove from children committing unlawful acts the
2-9 taint of criminality and the consequences of criminal behavior and
2-10 to substitute a program of treatment, training, and rehabilitation;>
2-11 <(4)> to achieve the foregoing purposes in a family
2-12 environment whenever possible, separating the child from the
2-13 child's <his> parents only when necessary for the child's <his>
2-14 welfare or in the interest of public safety and when a child is
2-15 removed from the child's <his> family, to give the child <him> the
2-16 care that should be provided by parents; and
2-17 (6) <(5)> to provide a simple judicial procedure
2-18 through which the provisions of this title are executed and
2-19 enforced and in which the parties are assured a fair hearing and
2-20 their constitutional and other legal rights recognized and
2-21 enforced.
2-22 SECTION 3. Section 51.02, Family Code, is amended by adding
2-23 Subdivisions (11)-(16) to read as follows:
2-24 (11) "Status offender" means a child who is accused,
2-25 adjudicated, or convicted for conduct that would not, under state
2-26 law, be a crime if committed by an adult, including:
2-27 (A) truancy under Section 51.03(b)(2);
3-1 (B) running away from home under Section
3-2 51.03(b)(3);
3-3 (C) a fineable only offense under Section
3-4 51.03(b)(1) transferred to the juvenile court under Section
3-5 51.08(b), but only if the conduct constituting the offense would
3-6 not have been criminal if engaged in by an adult;
3-7 (D) failure to attend school under Section
3-8 4.251, Education Code;
3-9 (E) a violation of a juvenile curfew ordinance;
3-10 (F) a violation of a provision of the Alcoholic
3-11 Beverage Code applicable to minors only; or
3-12 (G) a violation of any other fineable only
3-13 offense under Section 8.07(a)(4) or (5) or (b)(4) or (5), Penal
3-14 Code, but only if the conduct constituting the offense would not
3-15 have been criminal if engaged in by an adult.
3-16 (12) "Valid court order" means a court order entered
3-17 under Section 54.04 concerning a child adjudicated to have engaged
3-18 in conduct indicating a need for supervision as a status offender.
3-19 (13) "Secure detention facility" means any public or
3-20 private residential facility that:
3-21 (A) includes construction fixtures designed to
3-22 physically restrict the movements and activities of juveniles or
3-23 other individuals held in lawful custody in the facility; and
3-24 (B) is used for the temporary placement of any
3-25 juvenile who is accused of having committed an offense, any
3-26 nonoffender, or any other individual accused of having committed a
3-27 criminal offense.
4-1 (14) "Secure correctional facility" means any public
4-2 or private residential facility, including an alcohol or other drug
4-3 treatment facility, that:
4-4 (A) includes construction fixtures designed to
4-5 physically restrict the movements and activities of juveniles or
4-6 other individuals held in lawful custody in the facility; and
4-7 (B) is used for the placement of any juvenile
4-8 who has been adjudicated as having committed an offense, any
4-9 nonoffender, or any other individual convicted of a criminal
4-10 offense.
4-11 (15) "Nonoffender" means a child who:
4-12 (A) is subject to jurisdiction of a court under
4-13 abuse, dependency, or neglect statutes for reasons other than
4-14 legally prohibited conduct of the child; or
4-15 (B) has been taken into custody and is being
4-16 held solely for deportation out of the United States.
4-17 (16) "Aggravated controlled substance felony" means an
4-18 offense under Subchapter D, Chapter 481, Health and Safety Code,
4-19 that is punishable by:
4-20 (A) a minimum term of confinement that is longer
4-21 than the minimum term of confinement for a felony of the first
4-22 degree; or
4-23 (B) a maximum fine that is greater than the
4-24 maximum fine for a felony of the first degree.
4-25 SECTION 4. Sections 51.03(a) and (b), Family Code, are
4-26 amended to read as follows:
4-27 (a) Delinquent conduct is:
5-1 (1) conduct, other than a traffic offense, that
5-2 violates a penal law of this state or of the United States
5-3 punishable by imprisonment or by confinement in jail;
5-4 (2) conduct that violates a reasonable and lawful
5-5 order of a juvenile court entered under Section 54.04 or 54.05 of
5-6 this code, except an order prohibiting the following conduct:
5-7 (A) a violation of the penal laws of this state
5-8 of the grade of misdemeanor that is punishable by fine only or a
5-9 violation of the penal ordinances of any political subdivision of
5-10 this state;
5-11 (B) the unexcused voluntary absence of a child
5-12 from school; or
5-13 (C) the voluntary absence of a child from his
5-14 home without the consent of his parent or guardian for a
5-15 substantial length of time or without intent to return; <or>
5-16 (3) conduct that violates a lawful order of a
5-17 municipal court or justice court under circumstances that would
5-18 constitute contempt of that court; or
5-19 (4) conduct that violates the laws of this state
5-20 prohibiting driving while intoxicated or under the influence of
5-21 intoxicating liquor (third or subsequent offense) or driving while
5-22 under the influence of any narcotic drug or of any other drug to
5-23 the degree that renders the child incapable of safely driving a
5-24 vehicle (third or subsequent offense).
5-25 (b) Conduct indicating a need for supervision is:
5-26 (1) subject to Subsection (f) of this section,
5-27 conduct, other than a traffic offense, that violates:
6-1 (A) the penal laws of this state of the grade of
6-2 misdemeanor that are punishable by fine only; or
6-3 (B) the penal ordinances of any political
6-4 subdivision of this state;
6-5 (2) the unexcused voluntary absence of a child on 10
6-6 or more days or parts of days within a six-month period or three or
6-7 more days or parts of days within a four-week period from school
6-8 without the consent of his parents;
6-9 (3) the voluntary absence of a child from his home
6-10 without the consent of his parent or guardian for a substantial
6-11 length of time or without intent to return;
6-12 (4) conduct which violates the laws of this state
6-13 prohibiting driving while intoxicated or under the influence of
6-14 intoxicating liquor (first or second offense) or driving while
6-15 under the influence of any narcotic drug or of any other drug to a
6-16 degree which renders him incapable of safely driving a vehicle
6-17 (first or second offense); <or>
6-18 (5) conduct prohibited by city ordinance or by state
6-19 law involving the inhalation of the fumes or vapors of paint and
6-20 other protective coatings or glue and other adhesives and the
6-21 volatile chemicals itemized in Section 484.002, Health and Safety
6-22 Code; or
6-23 (6) an act that violates a school district's
6-24 previously communicated written standards of student conduct for
6-25 which the child has been expelled under Section 21.3011, Education
6-26 Code.
6-27 SECTION 5. Chapter 51, Family Code, is amended by adding
7-1 Sections 51.041 and 51.042 to read as follows:
7-2 Sec. 51.041. JURISDICTION AFTER APPEAL. The court retains
7-3 jurisdiction over a person, without regard to the age of the
7-4 person, for conduct engaged in by the person before becoming 17
7-5 years of age if, as a result of an appeal by the person under
7-6 Chapter 56 of an order of the court, the order is reversed or
7-7 modified and the case remanded to the court by the appellate court.
7-8 Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
7-9 CHILD. (a) A child who objects to the jurisdiction of the court
7-10 over the child because of the age of the child must raise the
7-11 objection at the adjudication hearing or discretionary transfer
7-12 hearing, if any.
7-13 (b) A child who does not object as provided by Subsection
7-14 (a) waives any right to object to the jurisdiction of the court
7-15 because of the age of the child at a later hearing or on appeal.
7-16 SECTION 6. Section 51.06(b), Family Code, is amended to read
7-17 as follows:
7-18 (b) An application for a writ of habeas corpus brought by or
7-19 on behalf of a person <child> who has been committed to an
7-20 institution under the jurisdiction of the Texas Youth Commission
7-21 and which attacks the validity of the judgment of commitment shall
7-22 be brought in the county in which the court that entered the
7-23 judgment of commitment is located.
7-24 SECTION 7. Section 51.09(b), Family Code, as amended by
7-25 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
7-26 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
7-27 Legislature, Regular Session, 1991, and amended to read as follows:
8-1 (b) Notwithstanding any of the provisions of Subsection (a)
8-2 of this section, the statement of a child is admissible in evidence
8-3 in any future proceeding concerning the matter about which the
8-4 statement was given if:
8-5 (1) when the child is in a detention facility or other
8-6 place of confinement or in the custody of an officer, the statement
8-7 is made in writing and the statement shows that the child has at
8-8 some time prior to the making thereof received from a magistrate a
8-9 warning that:
8-10 (A) the child may remain silent and not make any
8-11 statement at all and that any statement that the child makes may be
8-12 used in evidence against the child;
8-13 (B) the child has the right to have an attorney
8-14 present to advise the child either prior to any questioning or
8-15 during the questioning;
8-16 (C) if the child is unable to employ an
8-17 attorney, the child has the right to have an attorney appointed to
8-18 counsel with the child prior to or during any interviews with peace
8-19 officers or attorneys representing the state;
8-20 (D) the child has the right to terminate the
8-21 interview at any time;
8-22 (E) if the child is 14 <15> years of age or
8-23 older at the time of the violation of a penal law of the grade of
8-24 felony the juvenile court may waive its jurisdiction and the child
8-25 may be tried as an adult or, if the child has previously been
8-26 transferred to a district court or criminal district court for
8-27 criminal proceedings and has violated a penal law of the grade of
9-1 felony, the juvenile court is required to waive its jurisdiction
9-2 and the child will be tried as an adult;
9-3 (F) the child may be sentenced to commitment in
9-4 the Texas Youth Commission with a transfer to the institutional
9-5 division of the Texas Department of Criminal Justice for a term not
9-6 to exceed 40 years for a capital felony, felony of the first
9-7 degree, or aggravated controlled substance felony, 20 years for a
9-8 felony of the second degree, or 10 years for a felony of the third
9-9 degree if the child is found to have engaged in delinquent conduct,
9-10 alleged in a petition approved by a grand jury, that included:
9-11 (i) murder;
9-12 (ii) capital murder;
9-13 (iii) aggravated kidnapping;
9-14 (iv) aggravated sexual assault;
9-15 (v) aggravated robbery;
9-16 (vi) aggravated assault that is punishable
9-17 under Section 22.02(b)(2), Penal Code (assault against a public
9-18 servant), or is defined by Section 22.02(a)(2), Penal Code (assault
9-19 using or exhibiting a deadly weapon) <deadly assault on a law
9-20 enforcement officer, corrections officer, court participant, or
9-21 probation personnel>; <or>
9-22 (vii) deadly conduct defined by Section
9-23 22.05(b), Penal Code (discharging firearm at persons or certain
9-24 objects);
9-25 (viii) manslaughter;
9-26 (ix) intoxication manslaughter;
9-27 (x) an offense that is a felony of the
10-1 first degree or an aggravated controlled substance felony under
10-2 Subchapter D, Chapter 481, Health and Safety Code (certain offenses
10-3 involving controlled substances);
10-4 (xi) indecency with a child that is
10-5 punishable under Section 21.11(a)(1), Penal Code;
10-6 (xii) injury to a child, elderly
10-7 individual, or disabled individual, if the conduct is punishable
10-8 under Section 22.04, Penal Code, as a felony, other than a state
10-9 jail felony;
10-10 (xiii) criminal solicitation of a minor
10-11 (Section 15.031, Penal Code);
10-12 (xiv) attempted murder;
10-13 (xv) <(vi)> attempted capital murder; or
10-14 (xvi) criminal attempt to commit an
10-15 offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal
10-16 Procedure; <and>
10-17 (G) the child may be sentenced to commitment to
10-18 the Texas Youth Commission with a transfer to the institutional
10-19 division of the Texas Department of Criminal Justice for a term
10-20 prescribed by Section 54.04(d)(3) if:
10-21 (i) the child is found to have engaged in
10-22 conduct, alleged in a petition approved by a grand jury, that
10-23 violates a penal law of the grade of felony, other than a state
10-24 jail felony;
10-25 (ii) the child has at least two previous
10-26 final adjudications for conduct violating a penal law of the grade
10-27 of felony; and
11-1 (iii) at least one of the previous final
11-2 adjudications described by Subparagraph (ii) of this paragraph is
11-3 for conduct that occurred after the date a previous adjudication
11-4 described by Subparagraph (ii) of this paragraph was rendered, if
11-5 that adjudication became final; and
11-6 (H) the statement must be signed in the presence
11-7 of a magistrate by the child with no law enforcement officer or
11-8 prosecuting attorney present, except that a magistrate may require
11-9 a bailiff or a law enforcement officer if a bailiff is not
11-10 available to be present if the magistrate determines that the
11-11 presence of the bailiff or law enforcement officer is necessary for
11-12 the personal safety of the magistrate or other court personnel,
11-13 provided that the bailiff or law enforcement officer may not carry
11-14 a weapon in the presence of the child. The magistrate must be
11-15 fully convinced that the child understands the nature and contents
11-16 of the statement and that the child is signing the same
11-17 voluntarily. If such a statement is taken, the magistrate shall
11-18 sign a written statement verifying the foregoing requisites have
11-19 been met.
11-20 The child must knowingly, intelligently, and voluntarily
11-21 waive these rights prior to and during the making of the statement
11-22 and sign the statement in the presence of a magistrate who must
11-23 certify that he has examined the child independent of any law
11-24 enforcement officer or prosecuting attorney, except as required to
11-25 ensure the personal safety of the magistrate or other court
11-26 personnel, and has determined that the child understands the nature
11-27 and contents of the statement and has knowingly, intelligently, and
12-1 voluntarily waived these rights.
12-2 (2) it be made orally and the child makes a statement
12-3 of facts or circumstances that are found to be true, which conduct
12-4 tends to establish his guilt, such as the finding of secreted or
12-5 stolen property, or the instrument with which he states the offense
12-6 was committed.
12-7 (3) the statement was res gestae of the delinquent
12-8 conduct or the conduct indicating a need for supervision or of the
12-9 arrest.
12-10 SECTION 8. Section 51.09(c), Family Code, as amended by
12-11 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
12-12 Session, 1991, is reenacted and amended to read as follows:
12-13 (c) A warning under Subsection (b)(1)(E), <or Subsection>
12-14 (b)(1)(F), or (b)(1)(G) <of this section> is required only when
12-15 applicable to the facts of the case. A failure to warn a child
12-16 under Subsection (b)(1)(E) <of this section> does not render a
12-17 statement made by the child inadmissible unless the child is
12-18 transferred to a criminal district court under Section 54.02 <of
12-19 this code>. A failure to warn a child under Subsection (b)(1)(F)
12-20 or Subsection (b)(1)(G) <of this section> does not render a
12-21 statement made by the child inadmissible unless the state proceeds
12-22 against the child on a petition approved by a grand jury under
12-23 Section 53.045 <of this code>.
12-24 SECTION 9. Chapter 51, Family Code, is amended by adding
12-25 Section 51.101 to read as follows:
12-26 Sec. 51.101. QUALIFICATIONS FOR APPOINTED ATTORNEYS. A
12-27 court may not appoint an attorney to represent a child in a felony
13-1 case under this title unless the attorney:
13-2 (1) provides verification from the State Bar of Texas
13-3 that at the time of appointment the attorney:
13-4 (A) is a member in good standing with the State
13-5 Bar of Texas; and
13-6 (B) has completed at least 10 hours of
13-7 continuing legal education in criminal law, criminal procedure, or
13-8 juvenile law; and
13-9 (2) submits a signed statement that the attorney at
13-10 the time of appointment:
13-11 (A) has practiced criminal law or juvenile law
13-12 for at least one year; and
13-13 (B) has been lead counsel in at least three
13-14 criminal or juvenile trials, specifying the styles and cause
13-15 numbers of these cases.
13-16 SECTION 10. Chapter 51, Family Code, is amended by adding
13-17 Section 51.115 to read as follows:
13-18 Sec. 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER
13-19 GUARDIAN. (a) Each parent of a child, each managing and
13-20 possessory conservator of a child, each court-appointed custodian
13-21 of a child, and a guardian of the person of the child shall attend
13-22 each hearing affecting the child held under:
13-23 (1) Section 54.02 (waiver of jurisdiction and
13-24 discretionary transfer to criminal court);
13-25 (2) Section 54.03 (adjudication hearing);
13-26 (3) Section 54.04 (disposition hearing);
13-27 (4) Section 54.05 (hearing to modify disposition); and
14-1 (5) Section 54.11 (release hearing).
14-2 (b) Subsection (a) does not apply to:
14-3 (1) a person for whom, for good cause shown, the court
14-4 waives attendance;
14-5 (2) a person who is not a resident of this state; or
14-6 (3) a parent of a child for whom a managing
14-7 conservator has been appointed and the parent is not a conservator
14-8 of the child.
14-9 (c) A person required under this section to attend a hearing
14-10 is entitled to reasonable written or oral notice that includes a
14-11 statement of the place, date, and time of the hearing and that the
14-12 attendance of the person is required. The notice may be included
14-13 with or attached to any other notice required by this chapter to be
14-14 given the person. Separate notice is not required for a
14-15 disposition hearing that convenes on the adjournment of an
14-16 adjudication hearing. If a person required under this section
14-17 fails to attend a hearing, the juvenile court may proceed with the
14-18 hearing.
14-19 (d) A person who is required by Subsection (a) to attend a
14-20 hearing, who receives the notice of the hearing, and who fails to
14-21 attend the hearing may be punished by the court for contempt. In
14-22 addition to or in lieu of contempt, the court may order the person
14-23 to receive counseling or to attend an educational course on the
14-24 duties and responsibilities of parents and skills and techniques in
14-25 raising children.
14-26 SECTION 11. Section 51.12, Family Code, is amended by
14-27 amending Subsections (a) and (c) and adding Subsections (f), (g),
15-1 and (h) to read as follows:
15-2 (a) Except as provided by Subsection (h), <after transfer to
15-3 criminal court for prosecution under Section 54.02 of this code>, a
15-4 child may <shall not> be detained only in a:
15-5 (1) juvenile processing office in compliance with
15-6 Section 52.025;
15-7 (2) place of nonsecure custody in compliance with
15-8 Section 52.027; or
15-9 (3) certified juvenile detention facility that
15-10 complies with the requirements of Subsection (f) <in or committed
15-11 to a compartment of a jail or lockup in which adults arrested for,
15-12 charged with, or convicted of crime are detained or committed, nor
15-13 be permitted contact with such persons>.
15-14 (c) In each county, the judge of the juvenile court and the
15-15 members of the juvenile board shall personally inspect the
15-16 detention facilities and any public or private secure correctional
15-17 facilities used for post-adjudication confinement that are located
15-18 in the county and operated under authority of the juvenile board at
15-19 least annually and shall certify in writing to the authorities
15-20 responsible for operating and giving financial support to the
15-21 facilities and to the Texas Juvenile Probation Commission that they
15-22 are suitable or unsuitable for the detention of children in
15-23 accordance with:
15-24 (1) the requirements of Subsections <Subsection> (a),
15-25 (f), and (g) <of this section>; and
15-26 (2) minimum <the requirements of Subchapter A, Chapter
15-27 351, Local Government Code, if the detention facility is a county
16-1 jail; and>
16-2 <(3) recognized> professional standards for the
16-3 detention of children in pre-adjudication or post-adjudication
16-4 secure confinement <deemed appropriate by the board, which may
16-5 include minimum standards> promulgated by the Texas Juvenile
16-6 Probation Commission or, at the election of the juvenile board, the
16-7 standards promulgated by the American Correctional Association<.
16-8 The juvenile board shall annually provide to the Texas Juvenile
16-9 Probation Commission a copy of the standards used under this
16-10 section>.
16-11 (f) A child detained in a building that contains a jail,
16-12 lockup, or other place of secure confinement, including an alcohol
16-13 or other drug treatment facility, shall be separated by sight and
16-14 sound from adults detained in the same building. Children and
16-15 adults are separated by sight and sound only if they are unable to
16-16 see or hear each other and conversation between them is not
16-17 possible. The separation must extend to all areas of the facility,
16-18 including sally ports and passageways, and those areas used for
16-19 admission, counseling, sleeping, toileting, showering, dining,
16-20 recreational, educational, or vocational activities, and health
16-21 care.
16-22 (g) Except for a child detained in a juvenile processing
16-23 office or a place of non-secure custody, a child detained in a
16-24 building that contains a jail or lockup may not have any contact
16-25 with:
16-26 (1) part-time or full-time security staff, including
16-27 management, who have contact with adults detained in the same
17-1 building; or
17-2 (2) direct-care staff who have contact with adults
17-3 detained in the same building.
17-4 (h) This section does not apply to a person:
17-5 (1) after transfer to criminal court for prosecution
17-6 under Section 54.02; or
17-7 (2) who is at least 18 years of age and who has been
17-8 taken into custody after having:
17-9 (A) escaped from a juvenile facility; or
17-10 (B) violated a condition of probation or of
17-11 release under supervision of the Texas Youth Commission.
17-12 SECTION 12. Section 51.13, Family Code, is amended by
17-13 amending Subsection (a) and adding Subsection (d) to read as
17-14 follows:
17-15 (a) Except as provided by Subsection (d), an <An> order of
17-16 adjudication or disposition in a proceeding under this title is not
17-17 a conviction of crime, and does not impose any civil disability
17-18 ordinarily resulting from a conviction or operate to disqualify the
17-19 child in any civil service application or appointment.
17-20 (d) An adjudication under Section 54.03 that a child engaged
17-21 in conduct that constitutes a felony offense resulting in
17-22 commitment to the Texas Youth Commission under Section 54.04(d)(2),
17-23 (d)(3), or (m) or 54.05(f) is a final felony conviction only for
17-24 the purposes of Sections 12.42(a)-(c) and (e), Penal Code.
17-25 SECTION 13. Section 51.17, Family Code, is amended to read
17-26 as follows:
17-27 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
18-1 burden of proof to be borne by the state in adjudicating a child to
18-2 be delinquent or in need of supervision under Section 54.03(f) or
18-3 otherwise when in conflict with a provision of this title, the
18-4 Texas Rules of Civil Procedure govern proceedings under this title.
18-5 <Particular reference is made to the burden of proof to be borne by
18-6 the state in adjudicating a child to be delinquent or in need of
18-7 supervision (Section 54.03(f)).>
18-8 (b) Discovery in a proceeding under this title is governed
18-9 by the Code of Criminal Procedure and by case decisions in criminal
18-10 cases.
18-11 (c) Except as otherwise provided by this title, the Texas
18-12 Rules of Criminal Evidence apply in a judicial proceeding under
18-13 this title.
18-14 SECTION 14. Section 52.01(a), Family Code, is amended to
18-15 read as follows:
18-16 (a) A child may be taken into custody:
18-17 (1) pursuant to an order of the juvenile court under
18-18 the provisions of this subtitle;
18-19 (2) pursuant to the laws of arrest;
18-20 (3) by a law-enforcement officer, including a school
18-21 district peace officer commissioned under Section 21.483, Education
18-22 Code, if there is probable cause <are reasonable grounds> to
18-23 believe that the child has engaged in:
18-24 (A) conduct that violates a penal law of this
18-25 state or a penal ordinance of any political subdivision of this
18-26 state; or
18-27 (B) delinquent conduct or conduct indicating a
19-1 need for supervision; <or>
19-2 (4) by a probation officer if there is probable cause
19-3 <are reasonable grounds> to believe that the child has violated a
19-4 condition of probation imposed by the juvenile court; or
19-5 (5) pursuant to a directive to apprehend issued as
19-6 provided by Section 52.015.
19-7 SECTION 15. Chapter 52, Family Code, is amended by adding
19-8 Section 52.015 to read as follows:
19-9 Sec. 52.015. DIRECTIVE TO APPREHEND. (a) On the request of
19-10 a law-enforcement or probation officer, a juvenile court may issue
19-11 a directive to apprehend a child if the court finds there is
19-12 probable cause to take the child into custody under the provisions
19-13 of this title.
19-14 (b) On the issuance of a directive to apprehend, any
19-15 law-enforcement or probation officer shall take the child into
19-16 custody.
19-17 (c) An order under this section is not subject to appeal.
19-18 SECTION 16. Chapter 52, Family Code, is amended by adding
19-19 Section 52.027 to read as follows:
19-20 Sec. 52.027. CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
19-21 OFFENSES, OTHER FINEABLE ONLY OFFENSES, OR AS A STATUS OFFENDER.
19-22 (a) A child may be released to the child's parent, guardian,
19-23 custodian, or other responsible adult as provided in Section
19-24 52.02(a)(1) if the child is taken into custody:
19-25 (1) for a traffic offense;
19-26 (2) for an offense other than public intoxication
19-27 punishable by fine only; or
20-1 (3) as a status offender or nonoffender.
20-2 (b) A child described by Subsection (a) must be taken only
20-3 to a place previously designated by the head of the law enforcement
20-4 agency with custody of the child as an appropriate place of
20-5 nonsecure custody for children unless the child:
20-6 (1) is released under Section 52.02(a)(1);
20-7 (2) is taken before a municipal court or justice
20-8 court; or
20-9 (3) for truancy or running away, is taken to a
20-10 juvenile detention facility.
20-11 (c) A place of nonsecure custody for children must be an
20-12 unlocked, multipurpose area. A lobby, office, or interrogation
20-13 room is suitable if the area is not designated, set aside, or used
20-14 as a secure detention area and is not part of a secure detention
20-15 area. A place of nonsecure custody may be a juvenile processing
20-16 office designated under Section 52.025 if the area is not locked
20-17 when it is used as a place of nonsecure custody.
20-18 (d) The following procedures shall be followed in a place of
20-19 nonsecure custody for children:
20-20 (1) a child may not be secured physically to a cuffing
20-21 rail, chair, desk, or other stationary object;
20-22 (2) the child may be held in the nonsecure facility
20-23 only long enough to accomplish the purpose of identification,
20-24 investigation, processing, release to parents, or the arranging of
20-25 transportation to the appropriate juvenile court, juvenile
20-26 detention facility, municipal court, or justice court;
20-27 (3) residential use of the area is prohibited; and
21-1 (4) the child shall be under continuous visual
21-2 supervision by a law enforcement officer or facility staff person
21-3 during the time the child is in nonsecure custody.
21-4 (e) Notwithstanding any other provision of this section, a
21-5 child may not, under any circumstances, be detained in a place of
21-6 nonsecure custody for more than six hours.
21-7 (f) A child taken into custody for a traffic offense or an
21-8 offense, other than public intoxication, punishable by fine only
21-9 may be presented or detained in a detention facility designated by
21-10 the juvenile court under Section 52.02(a)(3) only if:
21-11 (1) the child's non-traffic case is transferred to the
21-12 juvenile court by a municipal court or justice court under Section
21-13 51.08(b); or
21-14 (2) the child is referred to the juvenile court by a
21-15 municipal court or justice court for contempt of court under
21-16 Subsection (h).
21-17 (g) A law enforcement officer may issue a field release
21-18 citation, as provided by Article 14.06, Code of Criminal Procedure,
21-19 in place of taking a child into custody for a traffic offense or an
21-20 offense, other than public intoxication, punishable by fine only.
21-21 (h) A municipal court or justice court may not hold a child
21-22 in contempt for intentionally refusing to obey a lawful order of
21-23 disposition after an adjudication of guilt of a traffic offense or
21-24 other offense punishable by fine only. The municipal court or
21-25 justice court shall instead refer the child to the appropriate
21-26 juvenile court for delinquent conduct for contempt of the municipal
21-27 court or justice court order.
22-1 (i) In this section, "child" means a person who is at least
22-2 10 years of age and younger than 18 years of age and who:
22-3 (1) is charged with or convicted of a traffic offense
22-4 or an offense, other than public intoxication, punishable by fine
22-5 only as a result of an act committed before becoming 17 years of
22-6 age;
22-7 (2) is a status offender and was taken into custody as
22-8 a status offender for conduct engaged in before becoming 17 years
22-9 of age; or
22-10 (3) is a nonoffender and became a nonoffender before
22-11 becoming 17 years of age.
22-12 SECTION 17. Sections 53.01(a) and (b), Family Code, are
22-13 amended to read as follows:
22-14 (a) On referral of a child or a child's case to the office
22-15 or official designated by the juvenile court, the intake officer,
22-16 probation officer, or other person authorized by the court shall
22-17 conduct a preliminary investigation to determine whether:
22-18 (1) the person referred to juvenile court is a child
22-19 within the meaning of this title; and
22-20 (2) there is probable cause to believe the child
22-21 engaged in delinquent conduct or conduct indicating a need for
22-22 supervision<; and>
22-23 <(3) further proceedings in the case are in the
22-24 interest of the child or the public>.
22-25 (b) If it is determined that the person is not a child<,> or
22-26 there is no probable cause, <or further proceedings are not
22-27 warranted,> the child shall immediately be released and all
23-1 proceedings terminated.
23-2 SECTION 18. Section 53.06(c), Family Code, is amended to
23-3 read as follows:
23-4 (c) The court may endorse on the summons an order <directing
23-5 the parent, guardian, or custodian of the child to appear
23-6 personally at the hearing and> directing the person having the
23-7 physical custody or control of the child to bring the child to the
23-8 hearing. A person who violates an order entered under this
23-9 subsection may be proceeded against under Section 54.07 of this
23-10 code.
23-11 SECTION 19. Chapter 53, Family Code, is amended by adding
23-12 Sections 53.011-53.013 to read as follows:
23-13 Sec. 53.011. DISPOSITION OF CHILD FOR WHOM PROBABLE CAUSE
23-14 EXISTS. If a determination under Section 53.01 is that the person
23-15 referred is a child and that there is probable cause to believe the
23-16 child engaged in delinquent conduct or conduct indicating a need
23-17 for supervision, the child shall be referred to the prosecuting
23-18 attorney or assigned appropriate sanctions as provided by Section
23-19 53.012.
23-20 Sec. 53.012. REFERRAL OF CHILD; REVIEW BY PROSECUTOR. (a)
23-21 A child who is alleged to have engaged in delinquent conduct that
23-22 constitutes a felony offense shall be promptly referred to the
23-23 prosecuting attorney with:
23-24 (1) each document relating to the referral; and
23-25 (2) a summary description of each previous referral of
23-26 the child to a juvenile court, juvenile probation department, or
23-27 juvenile detention facility.
24-1 (b) A child who is alleged to have engaged in delinquent
24-2 conduct that constitutes a misdemeanor offense or conduct
24-3 indicating a need for supervision shall be promptly:
24-4 (1) referred to the prosecuting attorney with the
24-5 documents required by Subsection (a);
24-6 (2) assigned appropriate sanctions under Section
24-7 59.002, if a progressive sanctions program adopted by the juvenile
24-8 board is established; or
24-9 (3) assigned for further nonjudicial proceedings.
24-10 (c) The prosecuting attorney shall promptly review the
24-11 circumstances and allegations of each referral under this section
24-12 for legal sufficiency and the desirability of prosecution.
24-13 (d) If the prosecuting attorney does not file a petition
24-14 against a child referred to the prosecuting attorney, the
24-15 prosecuting attorney shall:
24-16 (1) terminate all proceedings, if there is a finding
24-17 that no probable cause exists; or
24-18 (2) return the referral to the probation department
24-19 for:
24-20 (A) assignment of appropriate sanctions under
24-21 Section 59.002 if a progressive sanctions program adopted by the
24-22 juvenile board is established; or
24-23 (B) further nonjudicial proceedings.
24-24 (e) The juvenile probation department shall promptly refer a
24-25 child who has been assigned a sanction and who fails or refuses to
24-26 comply with the sanction to the prosecuting attorney for review of
24-27 the child's case and determination of whether to file a petition.
25-1 Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. Each juvenile
25-2 board may adopt a progressive sanctions program using the
25-3 guidelines for progressive sanctions in Chapter 59.
25-4 SECTION 20. Section 53.03, Family Code, is amended to read
25-5 as follows:
25-6 Sec. 53.03. DEFERRED PROSECUTION <INTAKE CONFERENCE AND
25-7 ADJUSTMENT>. (a) If the preliminary investigation required by
25-8 Section 53.01 of this code results in a determination that further
25-9 proceedings in the case are authorized <and warranted>, the
25-10 prosecuting attorney may defer prosecution of the child and the
25-11 probation department <officer or other designated officer of the
25-12 court>, subject to the direction of the juvenile court, may impose
25-13 the sanctions under Section 59.002 or other sanctions, including
25-14 restitution or community service, <may advise the parties for a
25-15 reasonable period of time not to exceed six months concerning an
25-16 informal adjustment and voluntary rehabilitation of a child> if:
25-17 (1) deferred prosecution <advice without a court
25-18 hearing> would be in the interest of the public and the child;
25-19 (2) the child and his parent, guardian, or custodian
25-20 consent with knowledge that consent is not obligatory; and
25-21 (3) the child and his parent, guardian, or custodian
25-22 are informed that they may terminate the deferred prosecution
25-23 <adjustment process> at any point and petition the court for a
25-24 court hearing in the case.
25-25 (b) Except as otherwise permitted by this title, the child
25-26 may not be detained during or as a result of the deferred
25-27 prosecution <adjustment> process.
26-1 (c) An incriminating statement made by a participant to the
26-2 person giving advice and in the discussions or conferences incident
26-3 thereto may not be used against the declarant in any court hearing.
26-4 (d) <An informal adjustment authorized by this section may
26-5 involve:>
26-6 <(1) voluntary restitution by the child or his parent
26-7 to the victim of an offense; or>
26-8 <(2) voluntary community service restitution by the
26-9 child.>
26-10 <(e)> The court may adopt a fee schedule for deferred
26-11 prosecution <informal adjustment> services and rules for the waiver
26-12 of a fee for financial hardship in accordance with guidelines that
26-13 the Texas Juvenile Probation Commission shall provide. The maximum
26-14 fee is $15 a month. If the court adopts a schedule and rules for
26-15 waiver, the probation officer or other designated officer of the
26-16 court shall collect the fee authorized by the schedule from the
26-17 parent, guardian, or custodian of a child for whom a deferred
26-18 prosecution <an informal adjustment> is authorized under this
26-19 section or waive the fee in accordance with the rules adopted by
26-20 the court. The officer shall deposit the fees received under this
26-21 section in the county treasury to the credit of a special fund that
26-22 may be used only for juvenile probation or community-based juvenile
26-23 corrections services or facilities in which a juvenile may be
26-24 required to live while under court supervision. If the court does
26-25 not adopt a schedule and rules for waiver, a fee for deferred
26-26 prosecution <informal adjustment> services may not be imposed.
26-27 (e) A child is not eligible for deferred prosecution under
27-1 this section if there is probable cause to believe that the child
27-2 has engaged in conduct that constitutes a felony unless the
27-3 prosecuting attorney consents in writing.
27-4 (f) The probation officer or other officer designated by the
27-5 court supervising a program of deferred prosecution for a child
27-6 under this section shall report to the juvenile court any violation
27-7 by the child of the program.
27-8 SECTION 21. Section 53.045(a), Family Code, is amended to
27-9 read as follows:
27-10 (a) Except as provided by Subsection (e) of this section,
27-11 the prosecuting attorney may refer the petition to the grand jury
27-12 of the county in which the court in which the petition is filed
27-13 presides if the petition alleges:
27-14 (1) that the child engaged in delinquent conduct that
27-15 included the violation of any of the following provisions <of the
27-16 Penal Code>:
27-17 (A) <(1)> Section 19.02, Penal Code (murder);
27-18 (B) <(2)> Section 19.03, Penal Code (capital
27-19 murder);
27-20 (C) <(3)> Section 20.04, Penal Code (aggravated
27-21 kidnapping);
27-22 (D) <(4)> Section 22.021, Penal Code (aggravated
27-23 sexual assault);
27-24 (E) <(5)> Section 22.02(b)(2), Penal Code
27-25 (aggravated assault against a public servant) <22.03 (deadly
27-26 assault on a law enforcement officer, corrections officer, or court
27-27 participant)>; <or>
28-1 (F) <(6)> Section 29.03, Penal Code (aggravated
28-2 robbery);
28-3 (G) Section 22.02(a)(2), Penal Code (aggravated
28-4 assault using or exhibiting a deadly weapon);
28-5 (H) Section 22.05(b), Penal Code (felony deadly
28-6 conduct involving discharging a firearm);
28-7 (I) Section 19.04, Penal Code (manslaughter);
28-8 (J) Section 49.08, Penal Code (intoxication
28-9 manslaughter);
28-10 (K) Subchapter D, Chapter 481, Health and Safety
28-11 Code (certain offenses involving controlled substances), if the
28-12 conduct is a felony of the first degree or an aggravated controlled
28-13 substance felony;
28-14 (L) Section 21.11(a)(1), Penal Code (indecency
28-15 with a child);
28-16 (M) Section 22.04, Penal Code (injury to a
28-17 child, elderly individual, or disabled individual), if the conduct
28-18 constitutes a felony, other than a state jail felony;
28-19 (N) Section 15.031, Penal Code (criminal
28-20 solicitation of a minor); or
28-21 (O) Section 15.01, Penal Code (criminal
28-22 attempt), if the offense attempted was an offense under Section
28-23 19.02, Penal Code (murder) or Section 19.03, Penal Code (capital
28-24 murder), or an offense listed by Section 3g(a)(1), Article 42.12,
28-25 Code of Criminal Procedure; or
28-26 (2) that:
28-27 (A) the child engaged in conduct that violates a
29-1 penal law of the grade of felony, other than a state jail felony;
29-2 (B) the child has at least two previous final
29-3 adjudications for conduct violating a penal law of the grade of
29-4 felony; and
29-5 (C) at least one of the previous final
29-6 adjudications described by Paragraph (B) is for conduct that
29-7 occurred after the date a previous adjudication described by
29-8 Paragraph (B) was rendered, if that adjudication became final.
29-9 SECTION 22. Chapter 53, Family Code, is amended by adding
29-10 Section 53.08 to read as follows:
29-11 Sec. 53.08. WRIT OF ATTACHMENT. (a) The juvenile court may
29-12 issue a writ of attachment for a person who violates an order
29-13 entered under Section 53.06(c).
29-14 (b) A writ of attachment issued under this section is
29-15 executed in the same manner as in a criminal proceeding as provided
29-16 by Chapter 24, Code of Criminal Procedure.
29-17 SECTION 23. Section 54.01, Family Code, is amended by
29-18 amending Subsections (h) and (l) and adding Subsection (n) to read
29-19 as follows:
29-20 (h) A detention order extends to the conclusion of the
29-21 disposition hearing, if there is one, but in no event for more than
29-22 10 working days. Further detention orders may be made following
29-23 subsequent detention hearings. The initial detention hearing may
29-24 not be waived but subsequent <Subsequent> detention hearings may be
29-25 waived in accordance with the requirements of Section 51.09 of this
29-26 code. Each subsequent<, but each> detention order shall extend for
29-27 no more than 10 working days.
30-1 (l) The juvenile board or, if there is none, the juvenile
30-2 court, may appoint a referee to conduct the detention hearing. The
30-3 referee shall be an attorney licensed to practice law in this
30-4 state. Such payment or additional payment as may be warranted for
30-5 referee services shall be provided from county funds. Before
30-6 commencing the detention hearing, the referee shall inform the
30-7 parties who have appeared that they are entitled to have the
30-8 hearing before the juvenile court judge or a substitute judge
30-9 authorized by Section 51.04(f) of this code. If a party objects to
30-10 the referee conducting the detention hearing, an authorized judge
30-11 shall conduct the hearing within 24 hours. At the conclusion of
30-12 the hearing, the referee shall transmit written findings and
30-13 recommendations to the juvenile court judge or substitute judge.
30-14 The juvenile court judge or substitute judge shall adopt, modify,
30-15 or reject the referee's recommendations not later than the next
30-16 working day after the day that the judge receives the
30-17 recommendations <within 24 hours>. Failure to act within that time
30-18 results in release of the child by operation of law. A
30-19 recommendation that the child be released operates to secure his
30-20 immediate release, subject to the power of the juvenile court judge
30-21 or substitute judge to reject or modify that recommendation. The
30-22 effect of an order detaining a child shall be computed from the
30-23 time of the hearing before the referee.
30-24 (n) An attorney appointed by the court under Section
30-25 51.10(c) because a determination was made under this section to
30-26 detain a child who was not represented by an attorney may request
30-27 on behalf of the child and is entitled to a de novo detention
31-1 hearing under this section. The attorney must make the request not
31-2 later than the 10th working day after the date the attorney is
31-3 appointed. The hearing must take place not later than the second
31-4 working day after the date the attorney filed a formal request with
31-5 the court for a hearing.
31-6 SECTION 24. Chapter 54, Family Code, is amended by adding
31-7 Section 54.011 to read as follows:
31-8 Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND
31-9 NONOFFENDERS. (a) The detention hearing for a status offender or
31-10 nonoffender who has not been released administratively under
31-11 Section 53.02 shall be held before the 24th hour after the time the
31-12 child arrived at the designated detention facility, excluding hours
31-13 of a weekend or a holiday. Except as otherwise provided by this
31-14 section, the judge or referee conducting the detention hearing
31-15 shall release the status offender or nonoffender from secure
31-16 detention.
31-17 (b) The judge or referee may order a child in detention
31-18 accused of the violation of a valid court order as defined by
31-19 Section 51.02 detained not longer than 72 hours after the time the
31-20 detention order was entered, excluding weekends and holidays, if:
31-21 (1) the judge or referee finds at the detention
31-22 hearing that there is probable cause to believe the child violated
31-23 the valid court order; and
31-24 (2) the detention of the child is justified under
31-25 Section 54.01(1), (2), or (3).
31-26 (c) Except as provided by Subsection (d), a detention order
31-27 entered under Subsection (b) may be extended for one additional
32-1 72-hour period, excluding weekends and holidays, only on a finding
32-2 of good cause by the juvenile court.
32-3 (d) A detention order for a child under this section may be
32-4 extended on the demand of the child's attorney only to allow the
32-5 time that is necessary to comply with the requirements of Section
32-6 51.10(h), entitling the attorney to 10 days to prepare for an
32-7 adjudication hearing.
32-8 (e) A status offender may be detained for a necessary
32-9 period, not to exceed five days, to enable the child's return to
32-10 the child's home in another state under Section 25.03.
32-11 SECTION 25. Chapter 54, Family Code, is amended by adding
32-12 Section 54.012 to read as follows:
32-13 Sec. 54.012. INTERACTIVE RECORDING OF DETENTION HEARING.
32-14 (a) A detention hearing under Section 54.01, other than the first
32-15 detention hearing, may be held using interactive video equipment
32-16 if:
32-17 (1) the child and the child's attorney agree to the
32-18 video hearing; and
32-19 (2) the parties to the proceeding have the opportunity
32-20 to cross-examine witnesses.
32-21 (b) A detention hearing may not be held using video
32-22 equipment unless the video equipment for the hearing provides for a
32-23 two-way communication of image and sound among the child, the
32-24 court, and other parties at the hearing.
32-25 (c) A recording of the communications shall be made. The
32-26 recording shall be preserved until the earlier of:
32-27 (1) the 91st day after the date on which the recording
33-1 is made if the child is alleged to have engaged in conduct
33-2 constituting a misdemeanor;
33-3 (2) the 120th day after the date on which the
33-4 recording is made if the child is alleged to have engaged in
33-5 conduct constituting a felony; or
33-6 (3) the date on which the adjudication hearing ends.
33-7 (d) An attorney for the child may obtain a copy of the
33-8 recording on payment of the reasonable costs of reproducing the
33-9 copy.
33-10 SECTION 26. Section 54.02, Family Code, is amended by
33-11 amending Subsections (a), (g), (h), and (j) and adding Subsection
33-12 (m) to read as follows:
33-13 (a) The juvenile court may waive its exclusive original
33-14 jurisdiction and transfer a child to the appropriate district court
33-15 or criminal district court for criminal proceedings if:
33-16 (1) the child is alleged to have violated a penal law
33-17 of the grade of felony;
33-18 (2) the child was 14 <15> years of age or older at the
33-19 time he is alleged to have committed the offense and no
33-20 adjudication hearing has been conducted concerning that offense;
33-21 and
33-22 (3) after full investigation and hearing the juvenile
33-23 court determines that there is probable cause to believe that the
33-24 child before the court committed the offense alleged and that
33-25 because of the seriousness of the offense or the background of the
33-26 child the welfare of the community requires criminal proceedings.
33-27 (g) If the petition alleges multiple offenses that
34-1 constitute more than one criminal transaction, the juvenile court
34-2 shall either retain or transfer all offenses relating to a single
34-3 transaction. A <juvenile court retains jurisdiction, the> child
34-4 is not subject to criminal prosecution at any time for any offense
34-5 arising out of a criminal transaction for which the juvenile court
34-6 retains jurisdiction <alleged in the petition or for any offense
34-7 within the knowledge of the juvenile court judge as evidenced by
34-8 anything in the record of the proceedings>.
34-9 (h) If the juvenile court waives jurisdiction, it shall
34-10 state specifically in the order its reasons for waiver and certify
34-11 its action, including the written order and findings of the court,
34-12 and shall transfer the person <child> to the appropriate court for
34-13 criminal proceedings. On transfer of the person <child> for
34-14 criminal proceedings, the person <he> shall be dealt with as an
34-15 adult and in accordance with the Code of Criminal Procedure. The
34-16 transfer of custody is an arrest. <The court to which the child is
34-17 transferred shall determine if good cause exists for an examining
34-18 trial. If there is no good cause for an examining trial, the court
34-19 shall refer the case to the grand jury. If there is good cause for
34-20 an examining trial, the court shall conduct an examining trial and
34-21 may remand the child to the jurisdiction of the juvenile court.>
34-22 (j) The juvenile court may waive its exclusive original
34-23 jurisdiction and transfer a person to the appropriate district
34-24 court or criminal district court for criminal proceedings if:
34-25 (1) the person is 18 years of age or older;
34-26 (2) the person was 14 <15> years of age or older and
34-27 under 17 years of age at the time he is alleged to have committed a
35-1 felony;
35-2 (3) no adjudication concerning the alleged offense has
35-3 been made or no adjudication hearing concerning the offense has
35-4 been conducted;
35-5 (4) the juvenile court finds from a preponderance of
35-6 the evidence that:
35-7 (A) for a reason beyond the control of the state
35-8 it was not practicable to proceed in juvenile court before the 18th
35-9 birthday of the person; or
35-10 (B) after due diligence of the state it was not
35-11 practicable to proceed in juvenile court before the 18th birthday
35-12 of the person because:
35-13 (i) <(A)> the state did not have probable
35-14 cause to proceed in juvenile court and new evidence has been found
35-15 since the 18th birthday of the person; <or>
35-16 (ii) <(B)> the person could not be found;
35-17 or
35-18 (iii) a previous transfer order was
35-19 reversed by an appellate court or set aside by a district court;
35-20 and
35-21 (5) the juvenile court determines that there is
35-22 probable cause to believe that the child before the court committed
35-23 the offense alleged.
35-24 (m) Notwithstanding any other provision of this section, the
35-25 juvenile court shall waive its exclusive original jurisdiction and
35-26 transfer a child to the appropriate district court or criminal
35-27 court for criminal proceedings if:
36-1 (1) the child has previously been transferred to a
36-2 district court or criminal district court for criminal proceedings
36-3 under this section, unless:
36-4 (A) the child was not indicted in the matter
36-5 transferred by the grand jury;
36-6 (B) the child was found not guilty in the matter
36-7 transferred;
36-8 (C) the matter transferred was dismissed with
36-9 prejudice; or
36-10 (D) the child was convicted in the matter
36-11 transferred, the conviction was reversed on appeal, and the appeal
36-12 is final; and
36-13 (2) the child is alleged to have violated a penal law
36-14 of the grade of felony.
36-15 SECTION 27. Section 54.021, Family Code, is amended to read
36-16 as follows:
36-17 Sec. 54.021. JUSTICE OR MUNICIPAL COURT: TRUANCY. (a) The
36-18 juvenile court may waive its exclusive original jurisdiction and
36-19 transfer a child to an appropriate justice or municipal court, with
36-20 the permission of the justice or municipal court, for disposition
36-21 in the manner provided by Subsection (b) of this section if the
36-22 child is alleged to have engaged in conduct described in Section
36-23 51.03(b)(2) of this code. A waiver of jurisdiction under this
36-24 subsection may be for an individual case or for all cases in which
36-25 a child is alleged to have engaged in conduct described in Section
36-26 51.03(b)(2) of this code. The waiver of a juvenile court's
36-27 exclusive original jurisdiction for all cases in which a child is
37-1 alleged to have engaged in conduct described in Section 51.03(b)(2)
37-2 of this code is effective for a period of one year.
37-3 (b) A justice or municipal court may exercise jurisdiction
37-4 over a person <child> alleged to have engaged in conduct indicating
37-5 a need for supervision by engaging in conduct described in Section
37-6 51.03(b)(2) in a case where the juvenile court has waived its
37-7 original jurisdiction under this section. A justice or municipal
37-8 court may exercise jurisdiction under this section without regard
37-9 to whether the justice of the peace or municipal judge for the
37-10 court is a licensed attorney or the hearing for a case is before a
37-11 jury consisting of six persons.
37-12 (c) On a finding that a person <child> has engaged in
37-13 conduct described by Section 51.03(b)(2), the justice or municipal
37-14 court shall enter an order appropriate to the nature of the
37-15 conduct.
37-16 (d) On a finding by the justice or municipal court that the
37-17 person <child> has engaged in truant conduct and that the conduct
37-18 is of a recurrent nature, the court may enter an order that
37-19 includes one or more of the following provisions requiring that:
37-20 (1) the person <child> attend a preparatory class for
37-21 the high school equivalency examination provided under Section
37-22 11.35, Education Code, if the court determines that the person
37-23 <child> is too old to do well in a formal classroom environment;
37-24 (2) the person <child> attend a special program that
37-25 the court determines to be in the best interests of the person
37-26 <child>, including an alcohol and drug abuse program;
37-27 (3) the person <child> and the person's <child's>
38-1 parents, managing conservator, or guardian attend a class for
38-2 students at risk of dropping out of school designed for both the
38-3 person <child> and the person's <child's> parents, managing
38-4 conservator, or guardian;
38-5 (4) the person <child> complete reasonable community
38-6 service requirements;
38-7 (5) the person's <child's> driver's license be
38-8 suspended in the manner provided by Section 54.042 of this code;
38-9 (6) the person <child> attend school without unexcused
38-10 absences; or
38-11 (7) the person <child> participate in a tutorial
38-12 program provided by the school attended by the person <child> in
38-13 the academic subjects in which the person <child> is enrolled for a
38-14 total number of hours ordered by the court.
38-15 (e) <An order under Subsection (d) of this section is
38-16 enforceable in the justice court by contempt.>
38-17 <(f)> A school attendance officer may refer a person <child>
38-18 alleged to have engaged in conduct described in Section 51.03(b)(2)
38-19 of this code to the justice court in the precinct where the person
38-20 <child> resides or in the precinct where the person's <child's>
38-21 school is located if the juvenile court having exclusive original
38-22 jurisdiction has waived its jurisdiction as provided by Subsection
38-23 (a) of this section for all cases involving conduct described by
38-24 Section 51.03(b)(2) of this code.
38-25 (f) <(g)> A court having jurisdiction under this section
38-26 shall endorse on the summons issued to the parent, guardian, or
38-27 custodian of the person <child> who is the subject of the hearing
39-1 an order directing the parent, guardian, or custodian to appear
39-2 personally at the hearing and directing the person having custody
39-3 of the person <child> to bring the person <child> to the hearing.
39-4 (g) <(h)> A person commits an offense if the person is a
39-5 parent, guardian, or custodian who fails to attend a hearing under
39-6 this section after receiving notice under Subsection (f) <(g)> of
39-7 this section that the person's attendance was required. An offense
39-8 under this subsection is a Class C misdemeanor.
39-9 (h) On a finding by a justice or municipal court that the
39-10 child has engaged in truant conduct and that the conduct is of
39-11 recurrent nature, the court has the jurisdiction to enter an order
39-12 that includes one or more of the following provisions, in addition
39-13 to the provisions listed under Subsection (d), requiring that:
39-14 (1) the child attend a special program that the court
39-15 determines to be in the best interest of the child and that is
39-16 approved by the county commissioners court;
39-17 (2) the child's parents, managing conservator, or
39-18 guardian attend a parenting class or parental responsibility
39-19 program if the court finds the parent, managing conservator, or
39-20 guardian, by wilful act or omission, contributed to, caused, or
39-21 encouraged the child's conduct; or
39-22 (3) the child and the child's parents, managing
39-23 conservator, or guardian attend the child's school classes or
39-24 functions if the court finds the parent, managing conservator, or
39-25 guardian, by wilful act or omission, contributed to, caused, or
39-26 encouraged the child's conduct.
39-27 (i) The justice or municipal court may order the parents,
40-1 managing conservator, or guardian of a child required to attend a
40-2 program under Subsection (d) or (h) to pay an amount not greater
40-3 than $100 to pay for the costs of the program.
40-4 (j) A justice or municipal court may require a child,
40-5 parent, managing conservator, or guardian required to attend a
40-6 program, class, or function under this section to submit proof of
40-7 attendance to the court.
40-8 SECTION 28. Chapter 54, Family Code, is amended by adding
40-9 Section 54.022 to read as follows:
40-10 Sec. 54.022. JUSTICE OR MUNICIPAL COURT: CERTAIN
40-11 MISDEMEANORS. (a) On a finding by a justice or municipal court
40-12 that a child committed a misdemeanor offense punishable by fine
40-13 only other than a traffic offense or public intoxication or
40-14 committed a violation of a penal ordinance of a political
40-15 subdivision other than a traffic offense, the court has
40-16 jurisdiction to enter an order requiring that the child attend a
40-17 special program that the court determines to be in the best
40-18 interest of the child and that is approved by the county
40-19 commissioners court, including a rehabilitation, counseling,
40-20 self-esteem and leadership, work and job skills training, job
40-21 interviewing and work preparation, self-improvement, parenting,
40-22 manners, violence avoidance, tutoring, sensitivity training,
40-23 parental responsibility, community service, or restitution program.
40-24 (b) On a finding by a justice or municipal court that a
40-25 child committed an offense described by Subsection (a) and that the
40-26 child has previously been convicted of an offense described by
40-27 Subsection (a), the court has the jurisdiction to enter an order
41-1 that includes one or more of the following provisions, in addition
41-2 to the provisions under Subsection (a), requiring that:
41-3 (1) the child attend a special program that the court
41-4 determines to be in the best interest of the child and that is
41-5 approved by the county commissioners court;
41-6 (2) the child's parents, managing conservator, or
41-7 guardian attend a parenting class or parental responsibility
41-8 program if the court finds the parent, managing conservator, or
41-9 guardian, by wilful act or omission, contributed to, caused, or
41-10 encouraged the child's conduct; or
41-11 (3) the child and the child's parents, managing
41-12 conservator, or guardian attend the child's school classes or
41-13 functions if the court finds the parent, managing conservator, or
41-14 guardian, by wilful act or omission, contributed to, caused, or
41-15 encouraged the child's conduct.
41-16 (c) The justice or municipal court may order the parents,
41-17 managing conservator, or guardian of a child required to attend a
41-18 program under Subsection (a) or (b) to pay an amount not greater
41-19 than $100 to pay for the costs of the program.
41-20 (d) A justice or municipal court may required a child,
41-21 parent, managing conservator, or guardian required to attend a
41-22 program, class, or function under this section to submit proof of
41-23 attendance to the court.
41-24 (e) A justice or municipal court shall endorse on the
41-25 summons issued to a parent, managing conservator, or a guardian to
41-26 appear personally at the hearing with the child.
41-27 (f) An order under this section involving a child is
42-1 enforceable by the justice or municipal court by referral to the
42-2 juvenile court for delinquent conduct for contempt of court.
42-3 (g) Any other order under this section is enforceable by the
42-4 justice or municipal court by contempt.
42-5 SECTION 29. Section 54.03(d), Family Code, is amended to
42-6 read as follows:
42-7 (d) Except as provided by Section 54.031 of this chapter,
42-8 only material, relevant, and competent evidence in accordance with
42-9 the Texas Rules of Criminal Evidence <requirements for the trial of
42-10 civil cases> may be considered in the adjudication hearing. Except
42-11 in a detention or discretionary transfer hearing, a social history
42-12 report or social service file shall not be viewed by the court
42-13 before the adjudication decision and shall not be viewed by the
42-14 jury at any time.
42-15 SECTION 30. Section 54.04, Family Code, is amended by
42-16 amending Subsections (a), (d), (e), (g), and (k) and adding
42-17 Subsections (m)-(q) to read as follows:
42-18 (a) The disposition hearing shall be separate, distinct, and
42-19 subsequent to the adjudication hearing. There is no right to a
42-20 jury at the disposition hearing unless the child is in jeopardy of
42-21 a determinate sentence under Subsection (d)(3) or (m) of this
42-22 section, in which case, the child is entitled to a jury of 12
42-23 persons to determine the sentence.
42-24 (d) If the court or jury makes the finding specified in
42-25 Subsection (c) of this section allowing the court to make a
42-26 disposition in the case:
42-27 (1) the court or jury may, in addition to any order
43-1 required or authorized under Section 54.041 or 54.042 of this code,
43-2 place the child on probation on such reasonable and lawful terms as
43-3 the court may determine:
43-4 (A) in his own home or in the custody of a
43-5 relative or other fit person; or
43-6 (B) subject to the finding under Subsection (c)
43-7 of this section on the placement of the child outside the child's
43-8 home, in:
43-9 (i) a suitable foster home; or
43-10 (ii) a suitable public or private
43-11 institution or agency, except the Texas Youth Commission;
43-12 (2) if the court or jury found at the conclusion of
43-13 the adjudication hearing that the child engaged in delinquent
43-14 conduct and if the petition was not approved by the grand jury
43-15 under Section 53.045 of this code, the court may commit the child
43-16 to the Texas Youth Commission without a determinate sentence; <or>
43-17 (3) if the court or jury found at the conclusion of
43-18 the adjudication hearing that the child engaged in delinquent
43-19 conduct that included a violation of a penal law listed in Section
43-20 53.045(a) of this code and if the petition was approved by the
43-21 grand jury under Section 53.045 of this code, the court or jury may
43-22 sentence the child to commitment in the Texas Youth Commission with
43-23 a transfer to the institutional division of the Texas Department of
43-24 Criminal Justice for a <any> term of:
43-25 (A) not more than <years not to exceed> 40 years
43-26 if the conduct constitutes:
43-27 (i) a capital felony;
44-1 (ii) a felony of the first degree; or
44-2 (iii) an aggravated controlled substance
44-3 felony;
44-4 (B) not more than 20 years if the conduct
44-5 constitutes a felony of the second degree; or
44-6 (C) not more than 10 years if the conduct
44-7 constitutes a felony of the third degree;
44-8 (4) the court may assign the child an appropriate
44-9 sanction level and sanctions as provided by the assignment
44-10 guidelines in Section 59.003; or
44-11 (5) if applicable, the court or jury may make a
44-12 disposition under Subsection (m) of this section.
44-13 (e) The Texas Youth Commission shall accept a person <child>
44-14 properly committed to it by a juvenile court even though the person
44-15 <child> may be 17 years of age or older at the time of commitment.
44-16 (g) If the court orders a disposition under Subsection
44-17 (d)(3) or (m) of this section and there is an affirmative finding
44-18 that the defendant used or exhibited a deadly weapon during the
44-19 commission of the conduct or during immediate flight from
44-20 commission of the conduct, the court shall enter the finding in the
44-21 order. If there is an affirmative finding that the deadly weapon
44-22 was a firearm, the court shall enter that finding in the order.
44-23 (k) The period to which a court or jury may sentence a
44-24 person <child> to commitment to the Texas Youth Commission with a
44-25 transfer to the Texas Department of Criminal Justice under
44-26 Subsection (d)(3) of this section applies without regard to whether
44-27 the person <child> has previously been adjudicated as having
45-1 engaged in delinquent conduct.
45-2 (m) The court or jury may sentence a child adjudicated for
45-3 conduct constituting a felony other than a state jail felony to a
45-4 term prescribed by Subsection (d)(3) if:
45-5 (1) a petition was filed and approved by a grand jury
45-6 under Section 53.045 alleging that:
45-7 (A) the child engaged in the felony conduct;
45-8 (B) the child has at least two previous final
45-9 adjudications for conduct violating a penal law of the grade of
45-10 felony; and
45-11 (C) at least one of the previous adjudications
45-12 is for conduct described by Paragraph (B) that occurred after the
45-13 date a previous adjudication described by Paragraph (B) was
45-14 rendered, if that adjudication became final; and
45-15 (2) the court or jury finds beyond a reasonable doubt
45-16 that the allegations described by Subdivision (1) in the grand jury
45-17 petition are true.
45-18 (n) If the court determines from the evidence presented at
45-19 the disposition hearing under this section that the child has used
45-20 a controlled substance, hazardous inhalable substances, or alcohol
45-21 habitually or that the use of the substance or alcohol contributed
45-22 to the child's engaging in the conduct, the court may not place the
45-23 child on probation under Subsection (d) without requiring as a
45-24 condition of probation that the child complete a treatment program
45-25 for the habitual use or the contribution of the habitual use to the
45-26 child's conduct.
45-27 (o) A court may order a disposition of secure confinement of
46-1 a status offender adjudicated for violating a valid court order
46-2 only if:
46-3 (1) before the order is issued, the child received the
46-4 full due process rights guaranteed by the Constitution of the
46-5 United States or the Texas Constitution; and
46-6 (2) the juvenile probation department in a report
46-7 authorized by Subsection (b):
46-8 (A) reviewed the behavior of the child and the
46-9 circumstances under which the child was brought before the court;
46-10 (B) determined the reasons for the behavior that
46-11 caused the child to be brought before the court; and
46-12 (C) determined that all dispositions, including
46-13 treatment, other than placement in a secure detention facility or
46-14 secure correctional facility, have been exhausted or are clearly
46-15 inappropriate.
46-16 (p) A status offender may not, under any circumstances, be
46-17 committed to the Texas Youth Commission for engaging in conduct
46-18 that would not, under state or local law, be a crime if committed
46-19 by an adult.
46-20 (q) On the request of a parent and at the parent's expense,
46-21 a court may require that the child regularly attend a religious
46-22 education class. The requirement may not be a condition of the
46-23 child's probation. In determining the nature of the class, the
46-24 court shall consider the religious background of the child and the
46-25 preferences of the child and the child's parent, guardian, managing
46-26 conservator, or other custodian with primary responsibility for the
46-27 care of the child.
47-1 SECTION 31. Section 54.041, Family Code, is amended by
47-2 amending Subsections (b)-(e) and adding Subsection (i) to read as
47-3 follows:
47-4 (b) If a child is found to have engaged in delinquent
47-5 conduct or conduct indicating a need for supervision arising from
47-6 the commission of an offense in which property damage or loss or
47-7 personal injury occurred, the juvenile court, on notice to all
47-8 persons affected and on hearing, may order the child or a parent to
47-9 make full or partial restitution to the victim of the offense. The
47-10 program of restitution must promote the rehabilitation of the
47-11 child, be appropriate to the age and physical, emotional, and
47-12 mental abilities of the child, and not conflict with the child's
47-13 schooling. When practicable and subject to court supervision, the
47-14 court may approve a restitution program based on a settlement
47-15 between the child and the victim of the offense. The court shall
47-16 encourage mediation between the child and the victim in arriving at
47-17 the terms of restitution ordered under this subsection. An order
47-18 under this subsection may provide for periodic payments by the
47-19 child or a parent of the child for the period specified in the
47-20 order but that period may not extend past the date of the 18th
47-21 birthday of the child or past the date the child is no longer
47-22 enrolled in an accredited secondary school in a program leading
47-23 toward a high school diploma, whichever date is later.
47-24 (c) In addition to or in lieu of restitution, a juvenile <If
47-25 the child or parent is unable to make full or partial restitution
47-26 or if a restitution order is not appropriate under the
47-27 circumstances, the> court may order a <the> child found to have
48-1 engaged in delinquent conduct to render personal services to a
48-2 charitable or educational institution in the manner prescribed in
48-3 the court order <in lieu of restitution>. The court may also order
48-4 under this subsection that the child's parent perform community
48-5 service with the child.
48-6 (d) Restitution under this section is cumulative of any
48-7 other remedy allowed by law and may be used in addition to other
48-8 remedies; except that a victim of an offense is not entitled to
48-9 receive more than actual damages under a juvenile court order.
48-10 (e) A city, town, or county that establishes a program to
48-11 assist children and their parents in rendering personal services to
48-12 a charitable or educational institution as authorized by Subsection
48-13 (c) <this subsection> may purchase insurance policies protecting
48-14 the city, town, or county against claims brought by a person other
48-15 than the child or the child's parent for a cause of action that
48-16 arises from an act of the child or parent while rendering those
48-17 services. The city, town, or county is not liable under this Act
48-18 to the extent that damages are recoverable under a contract of
48-19 insurance or under a plan of self-insurance authorized by statute.
48-20 The liability of the city, town, or county for a cause of action
48-21 that arises from an action of the child or the child's parent while
48-22 rendering those services may not exceed $100,000 to a single person
48-23 and $300,000 for a single occurrence in the case of personal injury
48-24 or death, and $10,000 for a single occurrence of property damage.
48-25 Liability may not extend to punitive or exemplary damages. This
48-26 subsection does not waive a defense, immunity, or jurisdictional
48-27 bar available to the city, town, or county or its officers or
49-1 employees, nor shall this Act be construed to waive, repeal, or
49-2 modify any provision of Chapter 101, Civil Practice and Remedies
49-3 Code <the Texas Tort Claims Act, as amended (Article 6252-19,
49-4 Vernon's Texas Civil Statutes)>.
49-5 (f) <(c)> A person subject to an order proposed under
49-6 Subsection (a) of this section is entitled to a hearing on the
49-7 order before the order is entered by the court.
49-8 (g) <(d)> An order made under this section may be enforced
49-9 as provided by Section 54.07 of this code.
49-10 (h) <(e)> If a child is found to have engaged in conduct
49-11 indicating a need for supervision described under Section
49-12 51.03(b)(2) of this code, the court may order the child's parents
49-13 or guardians to attend a class provided under Section 21.035(h),
49-14 Education Code, if the school district in which the child's parents
49-15 or guardians reside offers a class under that section.
49-16 (i) On a finding by the court that a child's parents or
49-17 guardians have made a reasonable good faith effort to prevent the
49-18 child from engaging in delinquent conduct or engaging in conduct
49-19 indicating a need for supervision and that despite the parent's or
49-20 guardian's efforts, the child continues to engage in such conduct,
49-21 the court shall waive any requirement for restitution that may be
49-22 imposed on a parent under this section.
49-23 SECTION 32. Sections 54.042(b), (d), and (e), Family Code,
49-24 are amended to read as follows:
49-25 (b) The order under Subsection (a)(1) of this section shall
49-26 specify a period of suspension or denial that is<:>
49-27 <(1)> until the child reaches the age of 19 <17> or
50-1 for a period of 365 days, whichever is longer<; or>
50-2 <(2) if the court finds that the child has engaged in
50-3 conduct violating the laws of this state prohibiting driving while
50-4 intoxicated, by reason of the introduction of alcohol into the
50-5 body, under Article 6701l-1, Revised Statutes, and also determines
50-6 that the child has previously been found to have engaged in conduct
50-7 violating the same laws, until the child reaches the age of 19 or
50-8 for a period of 365 days, whichever is longer>.
50-9 (d) A juvenile court, in a disposition hearing under Section
50-10 54.04 of this code, may order the Department of Public Safety to
50-11 suspend a child's driver's license or permit or, if the child does
50-12 not have a license or permit, to deny the issuance of a license or
50-13 permit to the child for a period not to exceed 12 <six> months if
50-14 the court finds that the child has engaged in conduct in need of
50-15 supervision or delinquent conduct other than the conduct described
50-16 by Subsection (a) of this section.
50-17 (e) A juvenile court that places a child on probation under
50-18 Section 54.04 of this code may require as a reasonable condition of
50-19 the probation that if the child violates the probation, the court
50-20 may order the Department of Public Safety to suspend the child's
50-21 driver's license or permit or, if the child does not have a license
50-22 or permit, to deny the issuance of a license or permit to the child
50-23 for a period not to exceed 12 <six> months. The court may make
50-24 this order if a child that is on probation under this condition
50-25 violates the probation. A suspension under this subsection is
50-26 cumulative of any other suspension under this section.
50-27 SECTION 33. Chapter 54, Family Code, is amended by adding
51-1 Section 54.045 to read as follows:
51-2 Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT. (a)
51-3 During a disposition hearing under Section 54.04, a child may:
51-4 (1) admit having engaged in delinquent conduct or
51-5 conduct indicating a need for supervision for which the child has
51-6 not been adjudicated; and
51-7 (2) request the court to take the admitted conduct
51-8 into account in the disposition of the child.
51-9 (b) If the prosecuting attorney agrees, the court may take
51-10 the admitted conduct into account in the disposition of the child.
51-11 (c) A court may take into account admitted conduct over
51-12 which exclusive venue lies in another county only if the court
51-13 obtains permission from the prosecuting attorney for that county.
51-14 (d) A child may not be adjudicated by any court for having
51-15 engaged in conduct taken into account under this section.
51-16 SECTION 34. Section 54.05(f), Family Code, is amended to
51-17 read as follows:
51-18 (f) A disposition based on a finding that the child engaged
51-19 in delinquent conduct may be modified so as to commit the child to
51-20 the Texas Youth Commission if the court after a hearing to modify
51-21 disposition finds beyond a reasonable doubt that the child violated
51-22 a reasonable and lawful order of the court. A disposition based on
51-23 a finding that the child engaged in a delinquent conduct that
51-24 included a violation of a penal law listed in Section 53.045(a) of
51-25 this code may be modified to commit the child to the Texas Youth
51-26 Commission with a transfer to the institutional division of the
51-27 Texas Department of Criminal Justice for a definite term prescribed
52-1 by Section 54.04(d)(3) <not to exceed 40 years> if the original
52-2 petition was approved by the grand jury under Section 53.045 of
52-3 this code and if after a hearing to modify the disposition the
52-4 court or jury finds that the child violated a reasonable and lawful
52-5 order of the court.
52-6 SECTION 35. Section 54.06, Family Code, as amended by
52-7 Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
52-8 Session, 1993, is amended by amending Subsection (c) and adding
52-9 Subsections (d), (e), and (f) to read as follows:
52-10 (c) A court may enforce an order for support under this
52-11 section by ordering garnishment of the wages of the person ordered
52-12 to pay support or by any other means available to enforce a child
52-13 support order under Title 2.
52-14 (d) An order <(c) Orders> for support may be enforced as
52-15 provided in Section 54.07 of this code.
52-16 (e) The court shall apply the child support guidelines under
52-17 Section 14.055 in an order requiring the payment of child support
52-18 under this section. The court shall also require in an order to
52-19 pay child support under this section that health insurance be
52-20 provided for the child. Section 14.061 applies to an order
52-21 requiring health insurance for a child under this section.
52-22 (f) An order under this section prevails over any previous
52-23 child support order issued with regard to the child to the extent
52-24 of any conflict between the orders.
52-25 SECTION 36. Section 54.061, Family Code, is amended by
52-26 adding Subsection (d) to read as follows:
52-27 (d) If the court finds that a child, parent, or other person
53-1 responsible for the child's support is financially unable to pay
53-2 the probation fee required under Subsection (a), the court shall
53-3 enter into the records of the child's case a statement of that
53-4 finding. The court may waive a fee under this section only if the
53-5 court makes the finding under this subsection.
53-6 SECTION 37. Section 54.08, Family Code, is amended to read
53-7 as follows:
53-8 Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
53-9 provided by Subsection (b), the court shall open <Except for any
53-10 hearing on a petition that has been approved by the grand jury
53-11 under Section 53.045 of this code and in which the child is subject
53-12 to a determinate sentence, the general public may be excluded from>
53-13 hearings under this title to the public unless the court, for good
53-14 cause shown, determines that the public should be excluded.
53-15 (b) The court may not prohibit a person who is a victim of
53-16 the conduct of a child from personally attending a hearing under
53-17 this title relating to the conduct by the child unless the victim
53-18 is to testify in the hearing or any subsequent hearing relating to
53-19 the conduct and the court determines that the victim's testimony
53-20 would be materially affected if the victim hears other testimony at
53-21 trial <in its discretion may admit such members of the general
53-22 public as it deems proper>.
53-23 SECTION 38. Section 54.11, Family Code, is amended to read
53-24 as follows:
53-25 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
53-26 a referral <notice required> under Section 61.079(a), Human
53-27 Resources Code, for <of> the transfer to the institutional
54-1 division of the Texas Department of Criminal Justice <Corrections>
54-2 of a person committed to the Texas Youth Commission under Section
54-3 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
54-4 receipt of a request by the commission under Section 61.081(f),
54-5 Human Resources Code, for approval of the release under
54-6 supervision of a person committed to the commission under Section
54-7 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, the
54-8 court shall set a time and place for a hearing on the release of
54-9 the person.
54-10 (b) The court shall notify the following of the time and
54-11 place of the hearing:
54-12 (1) the person to be transferred or released under
54-13 supervision;
54-14 (2) the parents of the person;
54-15 (3) any legal custodian of the person, including the
54-16 Texas Youth Commission;
54-17 (4) the office of the prosecuting attorney that
54-18 represented the state in the juvenile delinquency proceedings;
54-19 (5) the victim of the offense that was included in the
54-20 delinquent conduct that was a ground for the disposition, or a
54-21 member of the victim's family; and
54-22 (6) any other person who has filed a written request
54-23 with the court to be notified of a release hearing with respect to
54-24 the person to be transferred or released under supervision.
54-25 (c) Except for the person to be transferred or released
54-26 under supervision and the prosecuting attorney, the failure to
54-27 notify a person listed in Subsection (b) of this section does not
55-1 affect the validity of a <release> hearing conducted or <a release>
55-2 determination made under this section if the record in the case
55-3 reflects that the whereabouts of the persons who did not receive
55-4 notice were unknown to the court and a reasonable effort was made
55-5 by the court to locate those persons.
55-6 (d) At a <release> hearing under this section the court may
55-7 consider written reports from probation officers, professional
55-8 court employees, or professional consultants, in addition to the
55-9 testimony of witnesses. At least one day before the <release>
55-10 hearing, the court shall provide the attorney for the person to be
55-11 transferred or released under supervision with access to all
55-12 written matter to be considered by the court.
55-13 (e) At the <any release> hearing, the person to be
55-14 transferred or released under supervision is entitled to an
55-15 attorney, to examine all witnesses against him, to present evidence
55-16 and oral argument, and to previous examination of all reports on
55-17 and evaluations and examinations of or relating to him that may be
55-18 used in the hearing.
55-19 (f) A <release> hearing under this section is open to the
55-20 public unless the person to be transferred or released under
55-21 supervision waives a public hearing with the consent of his
55-22 attorney and the court.
55-23 (g) A <release> hearing under this section must be recorded
55-24 by a court reporter or by audio or video tape recording, and the
55-25 record of the hearing must be retained by the court for at least
55-26 two years after the date of the final determination on the transfer
55-27 or release of the person by the court.
56-1 (h) The <release> hearing on a person who is referred for
56-2 <the subject of a notice of> transfer under Section 61.079(a),
56-3 Human Resources Code, shall <must> be held not later than the 60th
56-4 day after the date the court receives the referral <before 30 days
56-5 before the person's 18th birthday>.
56-6 (i) On conclusion of the <release> hearing on a person who
56-7 is referred for <the subject of a notice of> transfer under Section
56-8 61.079(a), Human Resources Code, the court may order:
56-9 (1) the return <recommitment> of the person to the
56-10 Texas Youth Commission <without a determinate sentence>; or
56-11 (2) the transfer of the person to the custody of the
56-12 institutional division of the Texas Department of Criminal Justice
56-13 for the completion of the person's <determinate> sentence<; or>
56-14 <(3) the final discharge of the person>.
56-15 (j) On conclusion of the hearing on a person who is referred
56-16 for release under supervision under Section 61.081(f), Human
56-17 Resources Code, the court may order the return of the person to the
56-18 Texas Youth Commission:
56-19 (1) with approval for the release of the person under
56-20 supervision; or
56-21 (2) without approval for the release of the person
56-22 under supervision.
56-23 (k) In making a determination under this section, the court
56-24 may consider the experiences and character of the person before and
56-25 after commitment to the youth commission, the nature of the penal
56-26 offense that the person was found to have committed and the manner
56-27 in which the offense was committed, the abilities of the person to
57-1 contribute to society, the protection of the victim of the offense
57-2 or any member of the victim's family, the recommendations of the
57-3 youth commission and prosecuting attorney, the best interests of
57-4 the person, and any other factor relevant to the issue to be
57-5 decided.
57-6 SECTION 39. The heading to Chapter 55, Family Code, is
57-7 amended to read as follows:
57-8 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
57-9 OR MENTAL<,> RETARDATION<, DISEASE, OR DEFECT>
57-10 SECTION 40. Section 55.01, Family Code, is amended to read
57-11 as follows:
57-12 Sec. 55.01. Physical or Mental Examination. (a) At any
57-13 stage of the proceedings under this title, the juvenile court may
57-14 order a <cause the> child alleged by petition or found to have
57-15 engaged in delinquent conduct or conduct indicating a need for
57-16 supervision to be examined by appropriate experts, including a
57-17 physician, psychiatrist, or psychologist.
57-18 (b) If an examination ordered under Subsection (a) of this
57-19 section is to determine whether the child is mentally retarded, the
57-20 examination must consist of a determination of mental retardation
57-21 and interdisciplinary team recommendation, as provided by Chapter
57-22 593 <comprehensive diagnosis and evaluation as defined in Subtitle
57-23 D, Title 7>, Health and Safety Code, and shall be conducted at a
57-24 facility approved or operated by the Texas Department of Mental
57-25 Health and Mental Retardation or at a community center established
57-26 in accordance with Chapter 534, Health and Safety Code.
57-27 SECTION 41. Section 55.02, Family Code, is amended to read
58-1 as follows:
58-2 Sec. 55.02. <MENTALLY ILL> CHILD WITH MENTAL ILLNESS. (a)
58-3 The <If it appears to the juvenile court, on suggestion of a party
58-4 or on the court's own notice, that a child alleged by petition or
58-5 found to have engaged in delinquent conduct or conduct indicating a
58-6 need for supervision may be mentally ill, the> court shall initiate
58-7 proceedings to order temporary or extended mental health services
58-8 <hospitalization> of a <the> child alleged or found to have engaged
58-9 in delinquent conduct or conduct indicating a need for supervision,
58-10 as provided in Chapter 574, Subchapter C, Health and Safety Code,
58-11 if:
58-12 (1) on motion by a party or the court it is alleged
58-13 that the child is mentally ill; or
58-14 (2) a child is found or alleged to be unfit to proceed
58-15 as a result of mental illness under Section 55.04 of this chapter
58-16 or is found not responsible for his conduct as a result of mental
58-17 illness under Section 55.05 of this chapter <for observation and
58-18 treatment>.
58-19 (b) Subtitle C, Title 7, Health and Safety Code, governs
58-20 proceedings for court-ordered mental health services <temporary
58-21 hospitalization> except that the juvenile court shall conduct the
58-22 proceedings whether or not the juvenile court is also a county
58-23 court.
58-24 (c) If the juvenile court orders mental health services for
58-25 <enters an order of temporary hospitalization of> the child, the
58-26 child shall be cared for, treated, and released in conformity to
58-27 Subtitle C, Title 7, Health and Safety Code, except:
59-1 (1) a juvenile court order for mental health services
59-2 <of temporary hospitalization> of a child automatically expires
59-3 when the child becomes 18 years of age; and
59-4 (2) the administrator <head> of a mental health
59-5 facility <hospital> shall notify, in writing, the juvenile court
59-6 that ordered mental health services of the intent to discharge the
59-7 child <temporary hospitalization> at least 10 days prior to
59-8 discharge <of the child; and>
59-9 <(3) appeal from juvenile court proceedings under this
59-10 section shall be to the court of civil appeals as in other
59-11 proceedings under this title>.
59-12 (d) If the juvenile court orders mental health services for
59-13 the <temporary hospitalization of a> child, the proceedings under
59-14 this title then pending in juvenile court shall be stayed.
59-15 (e) If the child is discharged from the mental health
59-16 facility <hospital> before reaching 18 years of age, the juvenile
59-17 court may:
59-18 (1) dismiss the juvenile court proceedings with
59-19 prejudice; or
59-20 (2) continue with proceedings under this title as
59-21 though no order of mental health services <temporary
59-22 hospitalization> had been made.
59-23 SECTION 42. Section 55.03, Family Code, is amended to read
59-24 as follows:
59-25 Sec. 55.03. <MENTALLY RETARDED> CHILD WITH MENTAL
59-26 RETARDATION. (a) If <it appears to the juvenile court, on the
59-27 suggestion of a party or on the court's own notice, that> a child
60-1 is <alleged or> found or alleged to be unfit to proceed as a result
60-2 of mental retardation under Section 55.04 of this chapter or is
60-3 found not responsible for his conduct as a result of mental
60-4 retardation under Section 55.05 of this chapter <have engaged in
60-5 delinquent conduct or conduct indicating a need for supervision may
60-6 be mentally retarded>, the court shall order a determination of
60-7 mental retardation and interdisciplinary team recommendation
60-8 <comprehensive diagnosis and evaluation> of the child, as provided
60-9 by Chapter 593, Health and Safety Code, to be performed at a
60-10 facility approved or operated by the Texas Department of Mental
60-11 Health and Mental Retardation or at a community center established
60-12 in accordance with Chapter 534, Health and Safety Code. If the
60-13 court finds that the results of such determination of mental
60-14 retardation <comprehensive diagnosis and evaluation> indicate a
60-15 significantly subaverage general intellectual function of 2.5 or
60-16 more standard deviations below the age-group mean for the tests
60-17 used existing concurrently with significantly related deficits in
60-18 adaptive behavior <of Levels I-IV>, the court shall initiate
60-19 proceedings to order commitment of the child to a residential care
60-20 facility, as defined in Chapter 591, Health and Safety Code <for
60-21 the care and treatment of mentally retarded persons>.
60-22 (b) A child alleged or found to have engaged in delinquent
60-23 conduct or conduct indicating a need for supervision may be
60-24 committed to a residential care facility if:
60-25 (1) the child is found unfit to proceed as a result of
60-26 mental retardation under Section 55.04 of this chapter or is found
60-27 not responsible for his conduct as a result of mental retardation
61-1 under Section 55.05 of this chapter; and
61-2 (2) the child meets the criteria for commitment as
61-3 provided in Chapter 593, Subchapter C, Health and Safety Code.
61-4 (c) Subtitle D, Title 7, Health and Safety Code, governs
61-5 proceedings for commitment of a child under <meeting the criteria
61-6 set forth in Subsection (a) of> this section except that:
61-7 (1) the juvenile court shall conduct the proceedings
61-8 whether or not the juvenile court is also a county court; and
61-9 (2) on receipt of the court's order entering the
61-10 findings required by <set forth in Subsection (a) of this section,
61-11 together with those findings set forth in> Subtitle D, Title 7,
61-12 Health and Safety Code, and Subsection (b)(1) of this section <as
61-13 prerequisites for court commitments>, the Texas Department of
61-14 Mental Health and Mental Retardation or the appropriate community
61-15 center shall <thereupon> admit the child to a residential care
61-16 facility <for the mentally retarded>.
61-17 (d) <(c)> If the juvenile court enters an order committing
61-18 the child to <for care and treatment in> a residential care
61-19 facility <for mentally retarded persons>, the child shall be cared
61-20 for, treated, and released in conformity to Subtitle D, Title 7,
61-21 Health and Safety Code, except that the administrator of the
61-22 residential care facility shall notify, in writing,<:>
61-23 <(1)> the juvenile court that ordered commitment of
61-24 the child of the intent <shall be notified at least 10 days prior>
61-25 to discharge <of> the child from the residential care facility or
61-26 to furlough the child to an alternative placement at least 20 days
61-27 prior to discharge or furlough<; and>
62-1 <(2) appeal from juvenile court proceedings under this
62-2 section shall be to the court of civil appeals as in other
62-3 proceedings under this title>.
62-4 (e) <(d)> If the juvenile court orders commitment of a child
62-5 to a residential care facility <for the care and treatment of
62-6 mentally retarded persons>, the proceedings under this title then
62-7 pending in juvenile court shall be stayed.
62-8 (f) <(e)> If the child committed to a residential care
62-9 facility is discharged or furloughed from the residential care
62-10 facility as provided by Subsection (d) of this section and in
62-11 accordance with Subtitle D, Title 7, Health and Safety Code, <for
62-12 the care and treatment of mentally retarded persons> before
62-13 reaching 18 years of age, the juvenile court may:
62-14 (1) dismiss the juvenile court proceedings with
62-15 prejudice; or
62-16 (2) continue with proceedings under this title as
62-17 though no order of commitment had been made.
62-18 SECTION 43. Section 55.04, Family Code, is amended to read
62-19 as follows:
62-20 Sec. 55.04. UNFITNESS <MENTAL DISEASE OR DEFECT EXCLUDING
62-21 FITNESS> TO PROCEED. (a) A <No> child alleged by petition or
62-22 found to have engaged in delinquent conduct or conduct indicating a
62-23 need for supervision who as a result of mental illness or mental
62-24 retardation <disease or defect> lacks capacity to understand the
62-25 proceedings in juvenile court or to assist in his own defense is
62-26 unfit to proceed and shall not be subjected to discretionary
62-27 transfer to criminal court, adjudication, disposition, or
63-1 modification of disposition as long as such incapacity endures.
63-2 (b) If on motion by a party or the court it is alleged
63-3 <appears to the juvenile court, on suggestion of a party or on the
63-4 court's own notice,> that a child <alleged or found to have engaged
63-5 in delinquent conduct or conduct indicating a need for supervision>
63-6 may be unfit to proceed as a result of mental illness or mental
63-7 retardation, the court shall order appropriate examination(s) as
63-8 provided by Section 55.01 of this chapter. The information
63-9 obtained from the examination(s) must include expert opinion as to
63-10 <medical and psychiatric inquiry to assist in determining> whether
63-11 the child is unfit to proceed as a result <because> of mental
63-12 illness or mental retardation <disease or defect>.
63-13 (c) The court or jury shall determine whether the child is
63-14 unfit to proceed as a result of mental illness or mental
63-15 retardation <from the psychiatric and other evidence> at a hearing
63-16 separate from<, but conducted in accordance with the requirements
63-17 for,> the adjudication hearing <whether the child is fit or unfit
63-18 to proceed>.
63-19 (d) Unfitness to proceed as a result of mental illness or
63-20 mental retardation must be proved by a preponderance of the
63-21 evidence.
63-22 (e) If the court or jury determines that the child is fit to
63-23 proceed, the juvenile court shall continue with proceedings under
63-24 this title as though no question of fitness to proceed had been
63-25 raised.
63-26 (f) If the court or jury determines that the child is unfit
63-27 to proceed as a result of mental illness or mental retardation, the
64-1 court <or jury> shall initiate proceedings under <determine whether
64-2 the child should be committed for a period of temporary
64-3 hospitalization for observation and treatment in accordance with>
64-4 Section 55.02 or <of this code or committed to a facility for
64-5 mentally retarded persons for care and treatment in accordance
64-6 with> Section 55.03 of this chapter <code>.
64-7 (g) A proceeding <Proceedings> to determine fitness to
64-8 proceed may be joined with proceedings under Sections 55.02 and
64-9 55.03 of this chapter <code>.
64-10 (h) The fact that the child is unfit to proceed as a result
64-11 of mental illness or mental retardation does not preclude any legal
64-12 objection to the juvenile court proceedings which is susceptible of
64-13 fair determination prior to the adjudication hearing and without
64-14 the personal participation of the child.
64-15 SECTION 44. Section 55.05, Family Code, is amended to read
64-16 as follows:
64-17 Sec. 55.05. LACK OF RESPONSIBILITY FOR CONDUCT <MENTAL
64-18 DISEASE OR DEFECT EXCLUDING RESPONSIBILITY>. (a) A child alleged
64-19 by petition to have engaged in <is not responsible for> delinquent
64-20 conduct or conduct indicating a need for supervision is not
64-21 responsible for such conduct if at the time of such conduct, as a
64-22 result of mental illness or mental retardation <disease or defect>,
64-23 he lacked <lacks> substantial capacity either to appreciate the
64-24 wrongfulness of his conduct or to conform his conduct to the
64-25 requirements of law.
64-26 (b) If <it appears to the juvenile court,> on motion
64-27 <suggestion> of a party or <on> the court it is <court's own
65-1 notice, that a child> alleged that the child <to have engaged in
65-2 delinquent conduct or conduct indicating a need for supervision>
65-3 may not be responsible as a result of mental illness or mental
65-4 retardation for his conduct <disease or defect>, the court shall
65-5 order appropriate examination(s) as provided by Section 55.01 of
65-6 this chapter. The information obtained from the examination(s)
65-7 must include expert opinion as to <medical and psychiatric inquiry
65-8 to assist in determining> whether the child is <or is> not
65-9 responsible for his conduct as a result of mental illness or mental
65-10 retardation.
65-11 (c) The issue of whether the child is not responsible for
65-12 his conduct as a result of mental illness or mental retardation
65-13 <disease or defect> shall be tried to the court or jury in the
65-14 adjudication hearing.
65-15 (d) Lack of <Mental disease or defect excluding>
65-16 responsibility for conduct as a result of mental illness or mental
65-17 retardation must be proved by a preponderance of the evidence.
65-18 (e) In its findings or verdict the court or jury must state
65-19 whether the child is not responsible for his conduct as a result of
65-20 mental illness or mental retardation <disease or defect>.
65-21 (f) If the court or jury finds the child is not responsible
65-22 for his conduct as a result of mental illness or mental
65-23 retardation, the court shall initiate proceedings under Section
65-24 55.02 or 55.03 of this chapter <proceedings shall continue as
65-25 though no question of mental disease or defect excluding
65-26 responsibility had been raised>.
65-27 (g) A <If the court or jury finds that the> child found <is>
66-1 not responsible for his conduct as a result of mental illness or
66-2 mental retardation <disease or defect, the court shall dismiss the
66-3 proceedings with prejudice, and the court> shall not thereafter be
66-4 subject to proceedings under this title with respect to such
66-5 conduct, other than <initiate> proceedings under Section 55.02 or
66-6 55.03 of this chapter <code to determine whether the child should
66-7 be committed for care and treatment as a mentally ill or mentally
66-8 retarded child>.
66-9 <(h) A child declared not responsible for his conduct
66-10 because of mental disease or defect shall not thereafter be subject
66-11 to proceedings under this title with respect to such conduct, other
66-12 than proceedings under Section 55.02 or 55.03 of this code.>
66-13 SECTION 45. Section 56.01, Family Code, is amended by adding
66-14 Subsections (k), (l), and (m) to read as follows:
66-15 (k) The appellate court shall dismiss an appeal on the
66-16 state's motion, supported by affidavit showing that the appellant
66-17 has escaped from custody pending the appeal and, to the affiant's
66-18 knowledge, has not voluntarily returned to the state's custody on
66-19 or before the 10th day after the date of the escape. The court may
66-20 not dismiss an appeal, or if the appeal has been dismissed, shall
66-21 reinstate the appeal, on the filing of an affidavit of an officer
66-22 or other credible person showing that the appellant voluntarily
66-23 returned to custody on or before the 10th day after the date of the
66-24 escape.
66-25 (l) The court may order the child, the child's parent, or
66-26 other person responsible for support of the child to pay the
66-27 child's costs of appeal, including the cost of representation by an
67-1 attorney, unless the court determines the person to be ordered to
67-2 pay the costs is indigent.
67-3 (m) For purposes of determining indigency of the child under
67-4 this section, the court shall consider the assets and income of the
67-5 child, the child's parent, and any other person responsible for the
67-6 support of the child.
67-7 SECTION 46. Section 57.01(3), Family Code, is amended to
67-8 read as follows:
67-9 (3) "Victim" means a person who:
67-10 (A) is the victim of the delinquent conduct of a
67-11 child that includes the elements under the penal law of this state
67-12 of sexual assault, kidnapping, or aggravated robbery; <or>
67-13 (B) has suffered bodily injury or death as a
67-14 result of the conduct of a child that violates a penal law of this
67-15 state; or
67-16 (C) is the owner or lessor of property damaged
67-17 or lost as a result of the conduct of a child that violates a penal
67-18 law of this state.
67-19 SECTION 47. Section 57.002, Family Code, is amended to read
67-20 as follows:
67-21 Sec. 57.002. Victim's Rights. A victim, guardian of a
67-22 victim, or close relative of a deceased victim is entitled to the
67-23 following rights within the juvenile justice system:
67-24 (1) the right to receive from law enforcement agencies
67-25 adequate protection from harm and threats of harm arising from
67-26 cooperation with prosecution efforts;
67-27 (2) the right to have the court or person appointed by
68-1 the court take the safety of the victim or the victim's family into
68-2 consideration as an element in determining whether the child should
68-3 be detained before the child's conduct is adjudicated;
68-4 (3) the right, if requested, to be informed of
68-5 relevant court proceedings, including appellate proceedings, and to
68-6 be informed in a timely manner if those court proceedings have been
68-7 canceled or rescheduled;
68-8 (4) the right to be informed, when requested, by the
68-9 court or a person appointed by the court concerning the procedures
68-10 in the juvenile justice system, including general procedures
68-11 relating to:
68-12 (A) the preliminary investigation and deferred
68-13 prosecution <informal adjustment> of a case; and
68-14 (B) the appeal of the case;
68-15 (5) the right to provide pertinent information to a
68-16 juvenile court conducting a disposition hearing concerning the
68-17 impact of the offense on the victim and the victim's family by
68-18 testimony, written statement, or any other manner before the court
68-19 renders its disposition;
68-20 (6) the right to receive information regarding
68-21 compensation to victims as provided by the Crime Victims
68-22 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
68-23 including information related to the costs that may be compensated
68-24 under that Act and the amount of compensation, eligibility for
68-25 compensation, and procedures for application for compensation under
68-26 that Act, the payment of medical expenses under Section 56.06, Code
68-27 of Criminal Procedure <Section 1, Chapter 299, Acts of the 63rd
69-1 Legislature, Regular Session, 1973 (Article 4447m, Vernon's Texas
69-2 Civil Statutes)>, for a victim of a sexual assault, and when
69-3 requested, to referral to available social service agencies that
69-4 may offer additional assistance;
69-5 (7) the right to be informed, upon request, of
69-6 procedures for release under supervision, to participate in the
69-7 release process, to be notified, if requested, of release
69-8 proceedings concerning the person <child>, to provide to the Texas
69-9 Youth Commission for inclusion in the person's <child's> file
69-10 information to be considered by the commission before the release
69-11 under supervision of the person <child>, and to be notified, if
69-12 requested, of the person's <child's> release;
69-13 (8) the right to be provided with a waiting area,
69-14 separate or secure from other witnesses, including the child
69-15 alleged to have committed the conduct and relatives of the child,
69-16 before testifying in any proceeding concerning the child, or, if a
69-17 separate waiting area is not available, other safeguards should be
69-18 taken to minimize the victim's contact with the child and the
69-19 child's relatives and witnesses, before and during court
69-20 proceedings;
69-21 (9) the right to prompt return of any property of the
69-22 victim that is held by a law enforcement agency or the attorney for
69-23 the state as evidence when the property is no longer required for
69-24 that purpose;
69-25 (10) the right to have the attorney for the state
69-26 notify the employer of the victim, if requested, of the necessity
69-27 of the victim's cooperation and testimony in a proceeding that may
70-1 necessitate the absence of the victim from work for good cause;
70-2 <and>
70-3 (11) the right to be present at all public court
70-4 proceedings related to the conduct of the child as provided by
70-5 Section 54.08, subject to that section; and
70-6 (12) any other right appropriate to the victim that a
70-7 victim of criminal conduct has under Article 56.02, Code of
70-8 Criminal Procedure <the approval of the court>.
70-9 SECTION 48. Chapter 57, Family Code, is amended by adding
70-10 Section 57.008 to read as follows:
70-11 Sec. 57.008. PROTECTIVE ORDER. (a) A court may issue a
70-12 protective order directed against a child to protect a victim of
70-13 the child's conduct who, because of the victim's participation in
70-14 the juvenile justice system, risks further harm by the child.
70-15 (b) In the protective order, the court may prohibit the
70-16 child from doing specified acts or require the child to do
70-17 specified acts necessary or appropriate to prevent or reduce the
70-18 likelihood of further harm to the victim by the child.
70-19 SECTION 49. Title 3, Family Code, is amended by adding
70-20 Chapter 58 to read as follows:
70-21 CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
70-22 SUBCHAPTER A. RECORDS
70-23 Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. (a) Law
70-24 enforcement officers and other juvenile justice personnel shall
70-25 collect information described by Section 58.104 as a part of the
70-26 juvenile justice information system created under Subchapter B.
70-27 (b) Notwithstanding Section 58.0035, the information is
71-1 available as provided by Subchapter B.
71-2 Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.
71-3 Except as provided by Chapter 79, Human Resources Code, a child may
71-4 not be fingerprinted or photographed without the consent of the
71-5 juvenile court unless the child is taken into custody for conduct
71-6 that constitutes a felony or a misdemeanor punishable by
71-7 confinement in jail and the child is referred to juvenile court.
71-8 Sec. 58.003. SEALING OF RECORDS. (a) Except as provided by
71-9 Subsections (b) and (c), on the application of a person who has
71-10 been found to have engaged in delinquent conduct or conduct
71-11 indicating a need for supervision, or a person taken into custody
71-12 to determine whether the person engaged in delinquent conduct or
71-13 conduct indicating a need for supervision, or on the juvenile
71-14 court's own motion, the court, after hearing, shall order the
71-15 sealing of the records in the case if the court finds that:
71-16 (1) two years have elapsed since final discharge of
71-17 the person or since the last official action in the person's case
71-18 if there was no adjudication; and
71-19 (2) since the time specified in Subdivision (1), the
71-20 person has not been convicted of a felony or a misdemeanor
71-21 involving moral turpitude or found to have engaged in delinquent
71-22 conduct or conduct indicating a need for supervision and no
71-23 proceeding is pending seeking conviction or adjudication.
71-24 (b) A court may not order the sealing of the records of a
71-25 person adjudicated as having engaged in delinquent conduct that
71-26 violated a penal law listed in Section 53.045.
71-27 (c) Subject to Subsection (b), a court may order the sealing
72-1 of records concerning a person adjudicated as having engaged in
72-2 delinquent conduct that violated a penal law of the grade of felony
72-3 only if:
72-4 (1) the person is 21 years of age or older;
72-5 (2) the person was not transferred by a juvenile court
72-6 under Section 54.02 to a criminal court for prosecution;
72-7 (3) the records have not been used as evidence in the
72-8 punishment phase of a criminal proceeding under Section 3(a),
72-9 Article 37.07, Code of Criminal Procedure; and
72-10 (4) the person has not been convicted of a penal law
72-11 of the grade of felony after becoming age 17.
72-12 (d) The court may grant the relief authorized in Subsection
72-13 (a) at any time after final discharge of the person or after the
72-14 last official action in the case if there was no adjudication. If
72-15 the child is referred to the juvenile court for conduct
72-16 constituting any offense and at the adjudication hearing the child
72-17 is found to be not guilty of each offense alleged, the court shall
72-18 immediately order the sealing of all files and records relating to
72-19 the case.
72-20 (e) Reasonable notice of the hearing shall be given to:
72-21 (1) the person who made the application or who is the
72-22 subject of the records named in the motion;
72-23 (2) the prosecuting attorney for the juvenile court;
72-24 (3) the authority granting the discharge if the final
72-25 discharge was from an institution or from parole;
72-26 (4) the public or private agency or institution having
72-27 custody of records named in the application or motion; and
73-1 (5) the law enforcement agency having custody of files
73-2 or records named in the application or motion.
73-3 (f) A copy of the sealing order shall be sent to each agency
73-4 or official named in the order.
73-5 (g) On entry of the order:
73-6 (1) all law enforcement, prosecuting attorney, clerk
73-7 of court, and juvenile court records ordered sealed shall be sent
73-8 to the court issuing the order;
73-9 (2) all records of a public or private agency or
73-10 institution ordered sealed shall be sent to the court issuing the
73-11 order;
73-12 (3) all index references to the records ordered sealed
73-13 shall be deleted;
73-14 (4) the juvenile court, clerk of court, prosecuting
73-15 attorney, public or private agency or institution, and law
73-16 enforcement officers and agencies shall properly reply that no
73-17 record exists with respect to the person on inquiry in any matter;
73-18 and
73-19 (5) the adjudication shall be vacated and the
73-20 proceeding dismissed and treated for all purposes, including the
73-21 purpose of showing a prior finding of delinquent conduct, as if it
73-22 had never occurred.
73-23 (h) Inspection of the sealed records may be permitted by an
73-24 order of the juvenile court on the petition of the person who is
73-25 the subject of the records and only by those persons named in the
73-26 order.
73-27 (i) On the final discharge of a child or on the last
74-1 official action in the case if there is no adjudication, the child
74-2 shall be given a written explanation of the child's rights under
74-3 this section and a copy of the provisions of this section.
74-4 (j) A person whose records have been sealed under this
74-5 section is not required in any proceeding or in any application for
74-6 employment, information, or licensing to state that the person has
74-7 been the subject of a proceeding under this title and any statement
74-8 that the person has never been found to be a delinquent child shall
74-9 never be held against the person in any criminal or civil
74-10 proceeding.
74-11 (k) A prosecuting attorney may, on application to the
74-12 juvenile court, reopen at any time the files and records of a
74-13 person adjudicated as having engaged in delinquent conduct that
74-14 violated a penal law of the grade of felony sealed by the court
74-15 under this section for the purposes of Sections 12.42(a)-(c) and
74-16 (e), Penal Code.
74-17 (l) On the motion of a person in whose name records are kept
74-18 or on the court's own motion, the court may order the destruction
74-19 of records that have been sealed under this section if:
74-20 (1) the records relate to conduct that did not violate
74-21 a penal law of the grade of felony or a misdemeanor punishable by
74-22 confinement in jail;
74-23 (2) five years have elapsed since the person's 16th
74-24 birthday; and
74-25 (3) the person has not been convicted of a felony.
74-26 Sec. 58.0035. COMPILATION OF INFORMATION PERTAINING TO A
74-27 CRIMINAL COMBINATION. A local criminal justice agency may compile
75-1 criminal information into a local system for the purpose of
75-2 investigating or prosecuting the criminal activities of criminal
75-3 combinations. Criminal information relating to a child associated
75-4 with a combination, utilizing the meaning assigned by Section
75-5 71.01, Penal Code, may be compiled and released to other local,
75-6 state, or federal criminal justice agencies and any court having
75-7 jurisdiction over a child, regardless of the age of the child. The
75-8 information may be compiled on paper, by photographs, by computer,
75-9 or in any other useful manner.
75-10 Sec. 58.004. CONFIDENTIALITY OF RECORDS. (a) Information
75-11 obtained for the purpose of diagnosis, examination, evaluation, or
75-12 treatment or for making a referral for treatment of a child by a
75-13 public or private agency or institution providing supervision of a
75-14 child by arrangement of the juvenile court or having custody of the
75-15 child under order of the juvenile court may be disclosed only to:
75-16 (1) the professional staff or consultants of the
75-17 agency or institution;
75-18 (2) the judge, probation officers, and professional
75-19 staff or consultants of the juvenile court;
75-20 (3) an attorney for the child;
75-21 (4) a governmental agency if the disclosure is
75-22 required or authorized by law; or
75-23 (5) a person or entity to whom the child is referred
75-24 for treatment or services if the agency or institution disclosing
75-25 the information has entered into a written confidentiality
75-26 agreement with the person or entity regarding the protection of the
75-27 disclosed information.
76-1 (b) This section does not apply to information collected
76-2 under Section 58.104.
76-3 Sec. 58.005. DESTRUCTION OF CERTAIN RECORDS. The court
76-4 shall order the destruction of the records relating to the conduct
76-5 for which a child is taken into custody, including records
76-6 contained in the juvenile justice information system, if it is
76-7 determined under Section 53.01 that there is no probable cause to
76-8 believe the child engaged in the conduct.
76-9 (Sections 58.006-58.100 reserved for expansion
76-10 SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM
76-11 Sec. 58.101. DEFINITIONS. In this subchapter:
76-12 (1) "Criminal justice agency" has the meaning assigned
76-13 by Section 411.082, Government Code.
76-14 (2) "Department" means the Department of Public Safety
76-15 of the State of Texas.
76-16 (3) "Disposition" means an action that results in the
76-17 termination, transfer of jurisdiction, or indeterminate suspension
76-18 of the prosecution of a juvenile offender.
76-19 (4) "Incident number" means a unique number assigned
76-20 to a child after the child has been referred to juvenile court.
76-21 (5) "Juvenile justice agency" means an agency that has
76-22 custody or control over juvenile offenders.
76-23 (6) "Juvenile offender" means a child who has been
76-24 assigned an incident number.
76-25 (7) "State identification number" means a unique
76-26 number assigned by the department to a child in the juvenile
76-27 justice information system.
77-1 (8) "Uniform incident fingerprint card" means a
77-2 multiple part form containing a unique incident number with space
77-3 for information relating to the conduct for which a child who has
77-4 been referred to juvenile court has been taken into custody,
77-5 detained, or referred, the child's fingerprints, and other relevant
77-6 information.
77-7 Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The
77-8 department is responsible for recording data and maintaining a
77-9 database for a computerized juvenile justice information system
77-10 that serves:
77-11 (1) as the record creation point for the juvenile
77-12 justice information system maintained by the state; and
77-13 (2) as the control terminal for entry of records, in
77-14 accordance with federal law, rule, and policy, into the federal
77-15 records system maintained by the Federal Bureau of Investigation.
77-16 (b) The department shall develop and maintain the system
77-17 with the cooperation and advice of the:
77-18 (1) Texas Youth Commission;
77-19 (2) Texas Juvenile Probation Commission; and
77-20 (3) Criminal Justice Policy Council.
77-21 (c) The department may not collect or retain information
77-22 relating to a juvenile if this chapter prohibits or restricts the
77-23 collection or retention of the information.
77-24 (d) The database must contain the information required by
77-25 this subchapter.
77-26 (e) The department shall designate the offense codes and has
77-27 the sole responsibility for designating the state identification
78-1 number for each juvenile whose name appears in the juvenile justice
78-2 system.
78-3 Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile
78-4 justice information system is to:
78-5 (1) provide agencies and personnel within the juvenile
78-6 justice system accurate information relating to children who have
78-7 been referred to juvenile court;
78-8 (2) provide, where allowed by law, adult criminal
78-9 justice agencies accurate and easily accessible information
78-10 relating to children who have been referred to juvenile court;
78-11 (3) provide an efficient conversion, where
78-12 appropriate, of juvenile records to adult criminal records;
78-13 (4) improve the quality of data used to conduct impact
78-14 analyses of proposed legislative changes in the juvenile justice
78-15 system; and
78-16 (5) improve the ability of interested parties to
78-17 analyze the functioning of the juvenile justice system.
78-18 Sec. 58.104. TYPES OF INFORMATION COLLECTED. (a) The
78-19 juvenile justice information system shall consist of information
78-20 relating to delinquent conduct committed by a juvenile offender who
78-21 has been referred to juvenile court that, if the conduct had been
78-22 committed by an adult, would constitute a criminal offense other
78-23 than an offense punishable by a fine only, including information
78-24 relating to:
78-25 (1) the juvenile offender;
78-26 (2) the intake or referral of the juvenile offender
78-27 into the juvenile justice system;
79-1 (3) the detention of the juvenile offender;
79-2 (4) the prosecution of the juvenile offender;
79-3 (5) the disposition of the juvenile offender's case;
79-4 and
79-5 (6) the probation or commitment of the juvenile
79-6 offender.
79-7 (b) To the extent possible and subject to Subsection (a),
79-8 the department shall include in the juvenile justice information
79-9 system the following information for each juvenile offender
79-10 referred under this title for delinquent conduct:
79-11 (1) the juvenile offender's name, including other
79-12 names by which the juvenile offender is known;
79-13 (2) the juvenile offender's date and place of birth;
79-14 (3) the juvenile offender's physical description,
79-15 including sex, weight, height, race, ethnicity, eye color, hair
79-16 color, scars, marks, and tattoos;
79-17 (4) the juvenile offender's state identification
79-18 number, and other identifying information, as determined by the
79-19 department;
79-20 (5) the juvenile offender's fingerprints;
79-21 (6) the name and identifying number of the agency that
79-22 took into custody or detained the juvenile offender;
79-23 (7) the date of detention or custody;
79-24 (8) the conduct for which the juvenile offender was
79-25 referred, including level and degree of the alleged offense;
79-26 (9) the name and identifying number of the juvenile
79-27 intake agency or juvenile probation office;
80-1 (10) each disposition by the juvenile intake agency or
80-2 juvenile probation office;
80-3 (11) the date of disposition by the juvenile intake
80-4 agency or juvenile probation office;
80-5 (12) the name and identifying number of the
80-6 prosecutor's office;
80-7 (13) each disposition by the prosecutor;
80-8 (14) the date of disposition by the prosecutor;
80-9 (15) the name and identifying number of the court;
80-10 (16) each disposition by the court, including
80-11 information concerning custody of a juvenile offender by a juvenile
80-12 justice agency or probation;
80-13 (17) the date of disposition by the court;
80-14 (18) any commitment or release under supervision by
80-15 the Texas Youth Commission;
80-16 (19) the date of any commitment or release under
80-17 supervision by the Texas Youth Commission; and
80-18 (20) a description of each appellate proceeding.
80-19 (c) The department may designate codes relating to the
80-20 information described by Subsection (b).
80-21 (d) The department shall designate a state identification
80-22 number for each juvenile offender.
80-23 (e) This subchapter does not apply to a disposition that
80-24 represents an administrative status notice of an agency described
80-25 by Section 58.102(b).
80-26 (f) In addition to information in the juvenile justice
80-27 information system, the department shall maintain information
81-1 relating to a warrant of arrest, as that term is defined by Article
81-2 15.01, Code of Criminal Procedure, or a directive to apprehend
81-3 under Section 52.015 for any child, without regard to whether the
81-4 child has been taken into custody.
81-5 Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board
81-6 shall provide for:
81-7 (1) the compilation and maintenance of records and
81-8 information needed for reporting information to the department
81-9 under this subchapter;
81-10 (2) the transmittal to the department, in the manner
81-11 provided by the department, of all records and information required
81-12 by the department under this subchapter; and
81-13 (3) access by the department to inspect records and
81-14 information to determine the completeness and accuracy of
81-15 information reported.
81-16 Sec. 58.106. CONFIDENTIALITY. (a) Except as provided by
81-17 Subsection (b), information contained in the juvenile justice
81-18 information system is confidential information for the use of the
81-19 department and may not be disseminated by the department except:
81-20 (1) with the permission of the juvenile offender, to
81-21 military personnel of this state or the United States;
81-22 (2) to a person or entity to which the department may
81-23 grant access to adult criminal history records as provided by
81-24 Section 411.083, Government Code; and
81-25 (3) to the Criminal Justice Policy Council, the Texas
81-26 Youth Commission, and the Texas Juvenile Probation Commission for
81-27 analytical purposes.
82-1 (b) Subsection (a) does not apply to a document maintained
82-2 by a juvenile justice agency that is the source of information
82-3 collected by the department.
82-4 Sec. 58.107. COMPATIBILITY OF DATA. Data supplied to the
82-5 juvenile justice information system must be compatible with the
82-6 system and must contain both incident numbers and state
82-7 identification numbers.
82-8 Sec. 58.108. DUTIES OF AGENCIES AND COURTS. (a) A juvenile
82-9 justice agency and a clerk of a juvenile court shall:
82-10 (1) compile and maintain records needed for reporting
82-11 data required by the department;
82-12 (2) transmit to the department in the manner provided
82-13 by the department data required by the department;
82-14 (3) give the department or its accredited agents
82-15 access to the agency or court for the purpose of inspection to
82-16 determine the completeness and accuracy of data reported; and
82-17 (4) cooperate with the department to enable the
82-18 department to perform its duties under this chapter.
82-19 (b) A juvenile justice agency and clerk of a court shall
82-20 retain documents described by this section.
82-21 Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. (a) The
82-22 department may provide for the use of a uniform incident
82-23 fingerprint card in the maintenance of the juvenile justice
82-24 information system.
82-25 (b) The department shall design, print, and distribute to
82-26 each law enforcement agency and juvenile intake agency uniform
82-27 incident fingerprint cards.
83-1 (c) The incident cards must:
83-2 (1) be serially numbered with an incident number in a
83-3 manner that allows each incident of referral of a juvenile offender
83-4 who is the subject of the incident fingerprint card to be readily
83-5 ascertained; and
83-6 (2) be multiple part forms that can be transmitted
83-7 with the juvenile offender through the juvenile justice process and
83-8 that allow each agency to report required data to the department.
83-9 (d) Subject to available telecommunications capacity, the
83-10 department shall develop the capability to receive by electronic
83-11 means from a law enforcement agency the information on the uniform
83-12 incident fingerprint card. The information must be in a form that
83-13 is compatible to the form required of data supplied to the juvenile
83-14 justice information system.
83-15 Sec. 58.110. REPORTING. (a) The department by rule shall
83-16 develop reporting procedures that ensure that the juvenile offender
83-17 processing data is reported from the time a juvenile offender is
83-18 referred until the time a juvenile offender is released from the
83-19 jurisdiction of the juvenile justice system. The procedures shall
83-20 provide, to the extent possible, that juvenile offender processing
83-21 data shall be reported electronically.
83-22 (b) The law enforcement agency or the juvenile intake agency
83-23 that initiates the entry of the juvenile offender into the juvenile
83-24 justice information system for a specific incident shall prepare a
83-25 uniform incident fingerprint card and initiate the reporting
83-26 process for each incident reportable under this subchapter.
83-27 (c) The clerk of the court exercising jurisdiction over a
84-1 juvenile offender's case shall report the disposition of the case
84-2 to the department. A clerk of the court who violates this
84-3 subsection commits an offense. An offense under this subsection is
84-4 a Class A misdemeanor.
84-5 (d) In each county, the reporting agencies may make
84-6 alternative arrangements for reporting the required information,
84-7 including combined reporting or electronic reporting, if the
84-8 alternative reporting is approved by the juvenile board and the
84-9 department.
84-10 (e) Except as otherwise required by applicable state laws or
84-11 regulations, information required by this chapter to be reported to
84-12 the department shall be reported promptly. The information shall
84-13 be reported not later than the 30th day after the date the
84-14 information is received by the agency responsible for reporting the
84-15 information, except that a juvenile offender's referral without
84-16 previous custody shall be reported to the department not later than
84-17 the seventh day after the date of the referral.
84-18 (f) Subject to available telecommunications capacity, the
84-19 department shall develop the capability to receive by electronic
84-20 means the information required under this section to be reported to
84-21 the department. The information must be in a form that is
84-22 compatible to the form required of data to be reported under this
84-23 section.
84-24 Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners
84-25 court of each county may create a local data advisory board to
84-26 perform the same duties relating to the juvenile justice
84-27 information system as the duties performed by a local data advisory
85-1 board in relation to the criminal history record system under
85-2 Article 60.09, Code of Criminal Procedure.
85-3 Sec. 58.112. REPORT TO LEGISLATURE. Not later than January
85-4 15 of each year, the Criminal Justice Policy Council shall submit
85-5 to the lieutenant governor, the speaker of the house of
85-6 representatives, and the governor a report that contains the
85-7 following statistical information relating to children referred to
85-8 a juvenile court during the preceding year:
85-9 (1) the ages, races, and counties of residence of the
85-10 children transferred to a district court or criminal district court
85-11 for criminal proceedings; and
85-12 (2) the ages, races, and counties of residence of the
85-13 children committed to the Texas Youth Commission, placed on
85-14 probation, or discharged without any disposition.
85-15 SECTION 50. Title 3, Family Code, is amended by adding
85-16 Chapter 59 to read as follows:
85-17 CHAPTER 59. PROGRESSIVE SANCTIONS GUIDELINES
85-18 Sec. 59.001. PURPOSES. The purposes of the progressive
85-19 sanctions guidelines are to:
85-20 (1) provide to the disposition of each child's case
85-21 uniform and consistent standards regarding:
85-22 (A) the seriousness of conduct for which the
85-23 child is before the court;
85-24 (B) the history of delinquent conduct;
85-25 (C) special treatment or training needs; and
85-26 (D) the effectiveness of previous interventions;
85-27 (2) balance public protection, rehabilitation, and a
86-1 child's accountability;
86-2 (3) permit flexibility to the extent allowed by law to
86-3 the decision-maker;
86-4 (4) consider the child's circumstances; and
86-5 (5) provide for uniform and consistent reporting of
86-6 disposition decisions at all levels to enable more effective
86-7 juvenile justice planning and resource allocation.
86-8 Sec. 59.002. SANCTION LEVEL ASSIGNMENT BY PROBATION
86-9 DEPARTMENT. (a) The probation department may assign a sanction
86-10 level of one to a child referred to the probation department under
86-11 Section 53.012.
86-12 (b) The probation department may assign a sanction level of
86-13 two to a child for whom deferred prosecution is authorized under
86-14 Section 53.03.
86-15 Sec. 59.003. SANCTION LEVEL ASSIGNMENT GUIDELINES. (a)
86-16 Subject to Subsection (e), after a child's first commission of
86-17 delinquent conduct or conduct indicating a need for supervision,
86-18 the juvenile court may, in a disposition hearing under Section
86-19 54.04, assign a child one of the following sanction levels
86-20 according to the child's conduct:
86-21 (1) for conduct indicating a need for supervision,
86-22 other than a Class A or Class B misdemeanor, the sanction level is
86-23 one;
86-24 (2) for a Class A or Class B misdemeanor, other than a
86-25 misdemeanor involving the use or possession of a firearm, the
86-26 sanction level is two;
86-27 (3) for a misdemeanor involving the use or possession
87-1 of a firearm or for a state jail felony or a felony of the third
87-2 degree, the sanction level is three;
87-3 (4) for a felony of the second degree, the sanction
87-4 level is four;
87-5 (5) for a felony of the first degree, other than a
87-6 felony involving the use of a firearm, the sanction level is five;
87-7 (6) for a felony of the first degree involving the use
87-8 of a firearm or for an aggravated controlled substance felony, the
87-9 sanction level is six or, if the petition has been approved by a
87-10 grand jury under Section 53.045, seven; or
87-11 (7) for a capital felony, the sanction level is seven.
87-12 (b) For a child's refusal to comply with the restrictions
87-13 and standards of behavior established by the parent or guardian and
87-14 the court, a parent or guardian may notify the court of the child's
87-15 refusal to comply, and the court may place the child at the next
87-16 level of sanction. Notification of the court by the parent or
87-17 guardian of the child's refusal satisfies the requirement of the
87-18 parent to make a reasonable good faith effort to prevent the child
87-19 from engaging in delinquent conduct or engaging in conduct
87-20 indicating a need for supervision.
87-21 (c) Subject to Subsection (e), if the child's subsequent
87-22 commission of delinquent conduct or conduct indicating a need for
87-23 supervision involves a violation of a penal law of a classification
87-24 that is the same as or greater than the classification of the
87-25 child's previous conduct, the juvenile court may assign the child a
87-26 sanction level that is one level higher than the previously
87-27 assigned sanction level, unless the child's previously assigned
88-1 sanction level is seven.
88-2 (d) Subject to Subsection (e), if the child's previously
88-3 assigned sanction level is four or five and the child's subsequent
88-4 commission of delinquent conduct is of the grade of felony, the
88-5 juvenile court may assign the child a sanction level that is one
88-6 level higher than the previously assigned sanction level.
88-7 (e) A juvenile court or probation department that deviates
88-8 from the guidelines under this section shall state in writing its
88-9 reasons for the deviation and submit the statement to the juvenile
88-10 board. Nothing in this chapter prohibits the imposition of
88-11 appropriate sanctions that are different from those provided at any
88-12 sanction level.
88-13 (f) The probation department may extend a period of
88-14 probation specified under sanction levels one through five if the
88-15 circumstances of the child warrant the extension and the probation
88-16 department notifies the juvenile court in writing of the extension
88-17 and the period of and reason for the extension. The court may on
88-18 notice to the probation department deny the extension.
88-19 Sec. 59.004. SANCTION LEVEL ONE. (a) For a child at
88-20 sanction level one, the juvenile court or probation department
88-21 shall:
88-22 (1) require the child to submit to counseling
88-23 regarding the child's conduct;
88-24 (2) inform the child of the progressive sanctions that
88-25 may be imposed on the child if the child continues to engage in
88-26 delinquent conduct or conduct indicating a need for supervision;
88-27 (3) inform the child's parents or guardians of the
89-1 parents' or guardians' rights and responsibilities to impose
89-2 reasonable restrictions on the child to prevent the conduct from
89-3 recurring;
89-4 (4) provide information or other assistance to the
89-5 child or the child's parents or guardians in securing needed social
89-6 services; and
89-7 (5) release the child to the child's parents or
89-8 guardians.
89-9 (b) The juvenile court or probation department shall
89-10 discharge the child from the custody of the probation department
89-11 after the provisions of this section are met.
89-12 Sec. 59.005. SANCTION LEVEL TWO. (a) For a child at
89-13 sanction level two, the juvenile court or probation department
89-14 shall:
89-15 (1) place the child on probation for not less than
89-16 three months or more than six months;
89-17 (2) require the child to make restitution to the
89-18 victim of the child's conduct or perform community service
89-19 restitution appropriate to the nature and degree of harm caused and
89-20 according to the child's ability, if there is a victim of the
89-21 child's conduct;
89-22 (3) require the child's parents or guardians to
89-23 identify restrictions the parents or guardians will impose on the
89-24 child's activities and requirements the parents or guardians will
89-25 set for the child's behavior;
89-26 (4) provide the information or assistance required
89-27 under Sections 59.004(a)(3) and (4); and
90-1 (5) if appropriate, impose additional conditions of
90-2 probation.
90-3 (b) The juvenile court or probation department shall
90-4 discharge the child from the custody of the probation department on
90-5 the date the provisions of this section are met or on the child's
90-6 18th birthday, whichever is earlier.
90-7 Sec. 59.006. SANCTION LEVEL THREE. (a) For a child at
90-8 sanction level three, the juvenile court shall:
90-9 (1) place the child on probation for not less than six
90-10 months or more than 12 months;
90-11 (2) require the child to make restitution to the
90-12 victim of the child's conduct or perform community service
90-13 restitution appropriate to the nature and degree of harm caused and
90-14 according to the child's ability, if there is a victim of the
90-15 child's conduct;
90-16 (3) impose specific restrictions on the child's
90-17 activities and requirements for the child's behavior as conditions
90-18 of probation;
90-19 (4) require a probation officer to closely monitor the
90-20 child's activities and behavior;
90-21 (5) require the child and the child's parents or
90-22 guardians to participate in programs or services designated by the
90-23 court or probation officer; and
90-24 (6) if appropriate, impose additional conditions of
90-25 probation.
90-26 (b) The juvenile court shall discharge the child from the
90-27 custody of the probation department on the date the provisions of
91-1 this section are met or on the child's 18th birthday, whichever is
91-2 earlier.
91-3 Sec. 59.007. SANCTION LEVEL FOUR. (a) For a child at
91-4 sanction level four, the juvenile court shall:
91-5 (1) require the child to participate for not less than
91-6 three months in a highly intensive and regimented program that
91-7 emphasizes discipline, physical fitness, social responsibility, and
91-8 productive work;
91-9 (2) place the child on probation, after the release
91-10 from the program described by Subdivision (1), for not less than
91-11 six months or more than 12 months;
91-12 (3) require the child to make restitution to the
91-13 victim of the child's conduct or perform community service
91-14 restitution appropriate to the nature and degree of harm caused and
91-15 according to the child's ability, if there is a victim of the
91-16 child's conduct;
91-17 (4) impose highly structured restrictions on the
91-18 child's activities and requirements for behavior of the child as
91-19 conditions of probation;
91-20 (5) require a probation officer to closely monitor the
91-21 child;
91-22 (6) require the child and the child's parents or
91-23 guardians to participate in programs or services for their
91-24 particular needs and circumstances; and
91-25 (7) if appropriate, impose additional sanctions.
91-26 (b) The juvenile court shall discharge the child from the
91-27 custody of the probation department on the date the provisions of
92-1 this section are met or on the child's 18th birthday, whichever is
92-2 earlier.
92-3 Sec. 59.008. SANCTION LEVEL FIVE. (a) For a child at
92-4 sanction level five, the juvenile court shall:
92-5 (1) require the child to participate for not less than
92-6 six months or more than 12 months in a highly structured
92-7 residential program that emphasizes discipline, accountability,
92-8 fitness, education and training, productive work, and good values;
92-9 (2) after the child participates in the program
92-10 described by Subdivision (1), place the child on probation for not
92-11 less than six months or more than 12 months;
92-12 (3) require the child to make restitution to the
92-13 victim of the child's conduct or perform community service
92-14 restitution appropriate to the nature and degree of harm caused and
92-15 according to the child's ability, if there is a victim of the
92-16 child's conduct;
92-17 (4) impose highly structured restrictions on the
92-18 child's activities and requirements for behavior of the child as
92-19 conditions of probation;
92-20 (5) require a probation officer to closely monitor the
92-21 child;
92-22 (6) require the child and the child's parents or
92-23 guardians to participate in programs or services for their
92-24 particular needs and circumstances; and
92-25 (7) if appropriate, impose additional sanctions.
92-26 (b) The juvenile court shall discharge the child from the
92-27 custody of the probation department on the date the provisions of
93-1 this section are met or on the child's 18th birthday, whichever is
93-2 earlier.
93-3 Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at
93-4 sanction level six, the juvenile court shall commit the child to
93-5 the custody of the Texas Youth Commission. The commission shall:
93-6 (1) require the child to participate in a highly
93-7 structured residential program that emphasizes discipline,
93-8 accountability, fitness, education and training, productive work,
93-9 and good values for not less than 12 months or more than 24 months
93-10 unless the commission extends the period and the reason for an
93-11 extension is documented;
93-12 (2) require the child to make restitution to the
93-13 victim of the child's conduct or perform community service
93-14 restitution appropriate to the nature and degree of the harm caused
93-15 and according to the child's ability, if there is a victim of the
93-16 child's conduct;
93-17 (3) require the child and the child's parents or
93-18 guardians to participate in programs and services for their
93-19 particular needs and circumstances; and
93-20 (4) if appropriate, impose additional sanctions.
93-21 (b) On release of the child under supervision, the Texas
93-22 Youth Commission shall:
93-23 (1) impose highly structured restrictions on the
93-24 child's activities and requirements for behavior of the child as
93-25 conditions of release under supervision;
93-26 (2) require a parole officer to closely monitor the
93-27 child; and
94-1 (3) if appropriate, impose any other conditions of
94-2 supervision.
94-3 (c) The Texas Youth Commission shall discharge the child
94-4 from the custody of the commission on the date the provisions of
94-5 this section are met or on the child's 21st birthday, whichever is
94-6 earlier.
94-7 Sec. 59.010. SANCTION LEVEL SEVEN. (a) For a child at
94-8 sanction level seven, the juvenile court shall sentence the child
94-9 to commitment to the Texas Youth Commission under Section
94-10 54.04(d)(3), 54.04(m), or 54.05(f). The commission shall:
94-11 (1) require the child to participate in a highly
94-12 structured residential program that emphasizes discipline,
94-13 accountability, fitness, education and training, productive work,
94-14 and good values for not less than 12 months or more than 10 years;
94-15 (2) require the child to make restitution to the
94-16 victim of the child's conduct or perform community service
94-17 restitution appropriate to the nature and degree of harm caused and
94-18 according to the child's ability, if there is a victim of the
94-19 child's conduct;
94-20 (3) require the child and the child's parents or
94-21 guardians to participate in programs and services for their
94-22 particular needs and circumstances; and
94-23 (4) impose any other appropriate sanction.
94-24 (b) On release of the child under supervision, the Texas
94-25 Youth Commission shall:
94-26 (1) impose highly structured restrictions on the
94-27 child's activities and requirements for behavior of the child as
95-1 conditions of release under supervision;
95-2 (2) require a parole officer to monitor the child
95-3 closely; and
95-4 (3) impose any other appropriate condition of
95-5 supervision.
95-6 (c) According to the circumstances of the child, the Texas
95-7 Youth Commission shall refer the child for court review under
95-8 Section 61.079, Human Resources Code, transfer the child to the
95-9 Texas Department of Criminal Justice under Section 61.084, Human
95-10 Resources Code, or discharge the child at the completion of the
95-11 sentence.
95-12 Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
95-13 prepare a report to the Texas Juvenile Probation Commission, at
95-14 least quarterly on forms provided by the commission, showing the
95-15 referrals, probation or progressive sanctions violations, and
95-16 commitments to the Texas Youth Commission administered under this
95-17 chapter according to the progressive sanctions guidelines and the
95-18 reasons for any deviation from the guidelines.
95-19 Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
95-20 (a) The Texas Youth Commission shall compile information, at least
95-21 quarterly, showing the commitments, placements, parole releases,
95-22 and revocations administered under this chapter according to the
95-23 progressive sanctions guidelines and the reasons for any deviation
95-24 from the guidelines.
95-25 (b) The Texas Juvenile Probation Commission and the Texas
95-26 Youth Commission shall compile the information obtained under this
95-27 section and Section 59.011 and submit this information to the
96-1 Criminal Justice Policy Council.
96-2 (c) The Criminal Justice Policy Council shall analyze the
96-3 information compiled by the Texas Juvenile Probation Commission and
96-4 the Texas Youth Commission under this section and submit the
96-5 council's findings and recommendations at least annually to the
96-6 governor and both houses of the legislature showing the primary
96-7 reasons for any deviation and the effect of the implementation of
96-8 the sanctions guidelines on recidivism rates.
96-9 Sec. 59.013. LIABILITY. The Texas Youth Commission, a
96-10 juvenile board, a court, a person appointed by a court, an attorney
96-11 for the state, a peace officer, or a law enforcement agency is not
96-12 liable for a failure or inability to provide a service listed under
96-13 Sections 59.004 through 59.010.
96-14 Sec. 59.014. APPEAL. The failure or inability of any person
96-15 to provide a service listed under Sections 59.004 through 59.010 or
96-16 the failure of a court or of any person to make a sanction level
96-17 assignment as provided in Section 59.002 or Section 59.003 may not
96-18 be used by a child as a ground for appeal or for a postconviction
96-19 writ of habeas corpus.
96-20 Sec. 59.015. WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS.
96-21 On a finding by the juvenile court or probation department that a
96-22 child's parents or guardians have made a reasonable good faith
96-23 effort to prevent the child from engaging in delinquent conduct or
96-24 engaging in conduct indicating a need for supervision and that,
96-25 despite the parents' or guardians' efforts, the child continues to
96-26 engage in such conduct, the court or probation department shall
96-27 waive any sanction that may be imposed on the parents or guardians
97-1 at any sanction level.
97-2 SECTION 51. Section 42.041(b), Human Resources Code, is
97-3 amended to read as follows:
97-4 (b) This section does not apply to:
97-5 (1) a state-operated facility;
97-6 (2) an agency home;
97-7 (3) a facility that is operated in connection with a
97-8 shopping center, business, religious organization, or establishment
97-9 where children are cared for during short periods while parents or
97-10 persons responsible for the children are attending religious
97-11 services, shopping, or engaging in other activities on or near the
97-12 premises, including but not limited to retreats or classes for
97-13 religious instruction;
97-14 (4) a school or class for religious instruction that
97-15 does not last longer than two weeks and is conducted by a religious
97-16 organization during the summer months;
97-17 (5) a youth camp licensed by the Texas Department of
97-18 Health;
97-19 (6) a hospital licensed by the Texas Department of
97-20 Mental Health and Mental Retardation or the Texas Department of
97-21 Health;
97-22 (7) an educational facility accredited by the Central
97-23 Education Agency or the Southern Association of Colleges and
97-24 Schools that operates primarily for educational purposes in grades
97-25 kindergarten and above;
97-26 (8) an educational facility that operates solely for
97-27 educational purposes in grades kindergarten through at least grade
98-1 two, that does not provide custodial care for more than one hour
98-2 during the hours before or after the customary school day, and that
98-3 is a member of an organization that promulgates, publishes, and
98-4 requires compliance with health, safety, fire, and sanitation
98-5 standards equal to standards required by state, municipal, and
98-6 county codes;
98-7 (9) a kindergarten or preschool educational program
98-8 that is operated as part of a public school or a private school
98-9 accredited by the Central Education Agency, that offers educational
98-10 programs through grade six, and that does not provide custodial
98-11 care during the hours before or after the customary school day;
98-12 (10) a family home, whether registered or not;
98-13 (11) an educational facility that is integral to and
98-14 inseparable from its sponsoring religious organization or an
98-15 educational facility both of which do not provide custodial care
98-16 for more than two hours maximum per day, and that offers
98-17 educational programs for children age five and above in one or more
98-18 of the following: kindergarten through at least grade three,
98-19 elementary, or secondary grades; <or>
98-20 (12) an agency group home; <.>
98-21 (13) <(12)> an emergency shelter facility providing
98-22 shelter to minor mothers who are the sole support of their natural
98-23 children under Section 35.05, Family Code, unless the facility
98-24 would otherwise require a license as a child-care facility under
98-25 this section; or
98-26 (14) a juvenile detention facility certified under
98-27 Section 51.12, Family Code, or Section 141.042(d) or a juvenile
99-1 facility providing services solely for the Texas Youth Commission.
99-2 SECTION 52. Section 42.052, Human Resources Code, is amended
99-3 by adding Subsection (g) to read as follows:
99-4 (g) The certification requirements of this section do not
99-5 apply to a juvenile detention facility certified under Section
99-6 52.12, Family Code, or Section 141.042(d).
99-7 SECTION 53. Subchapter C, Chapter 61, Human Resources Code,
99-8 is amended by adding Section 61.0315 to read as follows:
99-9 Sec. 61.0315. REVIEW OF TREATMENT PROGRAMS. (a) The
99-10 commission shall annually review the effectiveness of the
99-11 commission's programs for the rehabilitation and reestablishment in
99-12 society of children committed to the commission, including programs
99-13 for sex offenders, capital offenders, children who are chemically
99-14 dependent, and emotionally disturbed children.
99-15 (b) On or before December 31 of each year, the commission
99-16 shall make a report on the effectiveness of the programs to the
99-17 Legislative Budget Board.
99-18 SECTION 54. Section 61.073, Human Resources Code, is amended
99-19 to read as follows:
99-20 Sec. 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The
99-21 commission shall keep written records of all examinations and
99-22 conclusions based on them and of all orders concerning the
99-23 disposition or treatment of each child subject to its control.
99-24 These records are not public and are available only according to
99-25 the provisions of Sections 58.004 and 58.106 <Section 51.14(b)>,
99-26 Family Code.
99-27 SECTION 55. Section 61.077, Human Resources Code, is amended
100-1 to read as follows:
100-2 Sec. 61.077. Mentally Ill or Retarded Child. (a) If the
100-3 commission determines that a child committed to it is mentally ill
100-4 <or retarded>, the commission, without delay, shall return the
100-5 child to the court of original jurisdiction for appropriate
100-6 disposition or shall request that the court in the county where the
100-7 child is located take any action required by the condition of the
100-8 child.
100-9 (b) The commission shall accept a child committed to the
100-10 commission who is mentally retarded.
100-11 SECTION 56. Section 61.079, Human Resources Code, is amended
100-12 to read as follows:
100-13 Sec. 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
100-14 TRANSFER <REVIEW>. (a) After a child sentenced to commitment to
100-15 the commission with a determinate sentence and transfer to the
100-16 institutional division of the Texas Department of Criminal Justice
100-17 under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
100-18 becomes 16 years of age but before the child becomes 21 years of
100-19 age, the commission may refer the child to the juvenile court that
100-20 entered the order of commitment for approval of the child's
100-21 transfer to the institutional division of the Texas Department of
100-22 Criminal Justice if:
100-23 (1) the child has not completed the sentence; and
100-24 (2) the child's conduct, regardless of whether the
100-25 child was released under supervision under Section 61.081,
100-26 indicates that the welfare of the community requires the transfer
100-27 <During the sixth month before the month in which a person
101-1 committed to the commission under a determinate sentence becomes 18
101-2 years old, the commission shall send to the juvenile court that
101-3 entered the order of commitment a notice of the person's transfer
101-4 to the Texas Department of Corrections if:>
101-5 <(1) the person will not have completed the sentence
101-6 before the person's 18th birthday; and>
101-7 <(2) the person has not been finally released by the
101-8 commission with the approval of the juvenile court that entered the
101-9 order of commitment>.
101-10 (b) The commission shall cooperate with the court on any
101-11 proceeding on the transfer <release> of the child <a person>.
101-12 SECTION 57. Section 61.081, Human Resources Code, is amended
101-13 by amending Subsections (f) and (g) and adding Subsection (h) to
101-14 read as follows:
101-15 (f) If a child <under the age of 18> is committed to the
101-16 commission under a determinate sentence under Section 54.04(d)(3),
101-17 Section 54.04(m), or Section 54.05(f), Family Code, the commission
101-18 may not release the child under supervision without approval of the
101-19 juvenile court that entered the order of commitment unless the
101-20 child has served at least:
101-21 (1) 10 years, if the child was sentenced to commitment
101-22 for conduct constituting capital murder;
101-23 (2) 3 years, if the child was sentenced to commitment
101-24 for conduct constituting a felony of the first degree;
101-25 (3) 2 years, if the child was sentenced to commitment
101-26 for conduct constituting a felony of the second degree; or
101-27 (4) 1 year, if the child was sentenced to commitment
102-1 for conduct constituting a felony of the third degree.
102-2 (g) The commission may request the approval of the court
102-3 under this section at any time.
102-4 (h) <(g)> If the commission finds that a child has violated
102-5 an order under which the child is released under supervision, on
102-6 notice by any reasonable method to all persons affected, the
102-7 commission may order the child:
102-8 (1) to return to an institution;
102-9 (2) if the violation resulted in property damage or
102-10 personal injury:
102-11 (A) to make full or partial restitution to the
102-12 victim of the offense; or
102-13 (B) if the child is financially unable to make
102-14 full or partial restitution, to perform services for a charitable
102-15 or educational institution; or
102-16 (3) to comply with any other conditions the commission
102-17 considers appropriate.
102-18 SECTION 58. Section 61.084, Human Resources Code, is amended
102-19 to read as follows:
102-20 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
102-21 provided by Subsections (b) and (c), if a person is committed to
102-22 the commission under a determinate sentence under Section
102-23 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
102-24 the commission may not discharge the person from its custody
102-25 <before the person's 18th birthday without the approval of the
102-26 juvenile court that entered the order of commitment>.
102-27 (b) The commission shall discharge without a court hearing
103-1 a person committed to it for a determinate sentence under Section
103-2 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
103-3 who has not been transferred to the institutional division of the
103-4 Texas Department of Criminal Justice <or discharged> under a court
103-5 order on the date that the time spent by the person in detention in
103-6 connection with the committing case plus the time spent at the
103-7 Texas Youth Commission under the order of commitment equals the
103-8 period of the <determinate> sentence.
103-9 (c) The commission shall transfer to the institutional
103-10 division of the Texas Department of Criminal Justice a person who
103-11 is the subject of an order under Section 54.11(i)(2), Family Code,
103-12 transferring the person to the custody of the institutional
103-13 division of the Texas Department of Criminal Justice for the
103-14 completion of the person's <determinate> sentence.
103-15 (d) The commission shall transfer a person sentenced under
103-16 Section 54.04(d)(3), 54.04(m), or 54.05(f) to commitment for
103-17 delinquent conduct constituting the offense of capital murder to
103-18 the institutional division of the Texas Department of Criminal
103-19 Justice on the person's 21st birthday to serve the remainder of the
103-20 sentence if the person has not:
103-21 (1) served at least 10 years of the person's sentence;
103-22 or
103-23 (2) been transferred or released under supervision by
103-24 court order.
103-25 (e) Except as provided by Subsection (d) or (f), the <The>
103-26 commission shall discharge from its custody a person not already
103-27 <discharged or> transferred on the person's 21st birthday.
104-1 (f) The commission shall transfer a person who has been
104-2 sentenced under a determinate sentence to commitment under Section
104-3 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
104-4 returned to the commission under Section 54.11(i)(1), Family Code,
104-5 to the custody of the pardons and paroles division of the Texas
104-6 Department of Criminal Justice on the person's 21st birthday, if
104-7 the person has not already been discharged or transferred, to serve
104-8 the remainder of the person's sentence on parole as provided by
104-9 Section 29, Article 42.18, Code of Criminal Procedure.
104-10 SECTION 59. Subchapter G, Chapter 61, Human Resources Code,
104-11 is amended by adding Section 61.0911 to read as follows:
104-12 Sec. 61.0911. COORDINATED STRATEGIC PLAN. The Texas Youth
104-13 Commission shall biennially develop with the Texas Juvenile
104-14 Probation Commission a coordinated strategic plan as required by
104-15 Section 141.0471.
104-16 SECTION 60. Subchapter C, Chapter 141, Human Resources Code,
104-17 is amended by adding Section 141.0471 to read as follows:
104-18 Sec. 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
104-19 JUSTICE SYSTEM. (a) The Texas Juvenile Probation Commission and
104-20 the Texas Youth Commission shall biennially develop a coordinated
104-21 strategic plan that shall guide, but not substitute for, the
104-22 strategic plans developed individually by the agencies.
104-23 (b) The plan shall:
104-24 (1) identify short-term and long-term policy goals;
104-25 (2) identify time frames and strategies for meeting
104-26 the goals identified under Subdivision (1);
104-27 (3) estimate population projections, including
105-1 projections of population characteristics;
105-2 (4) estimate short-term and long-term capacity,
105-3 programmatic, and funding needs;
105-4 (5) describe intensive service and surveillance parole
105-5 pilot programs to be jointly developed;
105-6 (6) include an evaluation of aftercare services
105-7 emphasizing concrete outcome measures, including recidivism and
105-8 educational progress;
105-9 (7) identify objective criteria for the various
105-10 decision points throughout the continuum of juvenile justice
105-11 services and sanctions to guard against disparate treatment of
105-12 minority youth; and
105-13 (8) identify cross-agency outcome measures by which to
105-14 evaluate the effectiveness of the system generally.
105-15 (c) Each agency shall by rule adopt the coordinated
105-16 strategic plan on or before December 1 of each odd-numbered year,
105-17 or before the adoption of the agencies' individual strategic plans,
105-18 whichever is earlier.
105-19 SECTION 61. Subchapter A, Chapter 152, Human Resources Code,
105-20 is amended by adding Section 152.0011 to read as follows:
105-21 Sec. 152.0011. BUDGET. The juvenile board shall prepare a
105-22 budget for the juvenile probation department and the other
105-23 facilities and programs under the jurisdiction of the juvenile
105-24 board. The commissioners court shall review and consider the
105-25 budget for final approval in the same manner as prescribed by law
105-26 for other county agencies and departments.
105-27 SECTION 62. Section 141.042, Human Resources Code, is
106-1 amended by amending Subsection (a) and adding Subsections (c), (d),
106-2 and (e) to read as follows:
106-3 (a) The commission shall adopt reasonable rules that
106-4 provide:
106-5 (1) minimum standards for personnel, staffing, case
106-6 loads, programs, facilities, record keeping, equipment, and other
106-7 aspects of the operation of a juvenile board that are necessary to
106-8 provide adequate and effective probation services;
106-9 (2) a code of ethics for probation officers and for
106-10 the enforcement of that code;
106-11 (3) appropriate educational, preservice and in-service
106-12 training, and certification standards for probation officers or
106-13 court-supervised community-based program personnel; and
106-14 (4) minimum standards for juvenile detention
106-15 facilities, public post-adjudication juvenile secure correctional
106-16 facilities that are operated under the authority of a juvenile
106-17 board, and private post-adjudication juvenile secure correctional
106-18 facilities, except those facilities exempt from certification by
106-19 Section 42.052(e).
106-20 (c) The commission shall annually monitor compliance with
106-21 the standards established under Subsection (a)(4) if the juvenile
106-22 board has elected to comply with those standards or shall annually
106-23 ensure that the facility is certified by the American Correctional
106-24 Association if the juvenile board has elected to comply with those
106-25 standards.
106-26 (d) The commission shall annually inspect any private,
106-27 post-adjudication juvenile secure correctional facility if the
107-1 juvenile board of the county in which the facility is located has
107-2 not inspected it during the previous year, except a facility exempt
107-3 from certification by Section 42.052(e).
107-4 (e) The commission shall develop for voluntary use by
107-5 juvenile probation departments a standard assessment tool for the
107-6 initial assessment of children under the jurisdiction of probation
107-7 departments. The commission shall give priority to training in the
107-8 use of this tool in any preservice or in-service training that the
107-9 commission provides for probation officers. The assessment tool
107-10 shall:
107-11 (1) facilitate assessment of a child's mental health,
107-12 family background, and level of education; and
107-13 (2) assist juvenile probation departments in
107-14 determining when a child in the department's jurisdiction is in
107-15 need of comprehensive psychological or other evaluation.
107-16 SECTION 63. Section 152.0007, Human Resources Code, is
107-17 amended to read as follows:
107-18 Sec. 152.0007. Duties. (a) The juvenile board shall:
107-19 (1) establish a juvenile probation department and
107-20 employ personnel to conduct probation services, including a chief
107-21 probation officer and, if more than one officer is necessary,
107-22 assistant officers, who meet the standards set by the Texas
107-23 Juvenile Probation Commission; and
107-24 (2) operate or supervise juvenile services in the
107-25 county and make recommendations as to the need for and purchase of
107-26 services.
107-27 (b) The board may establish guidelines for the initial
108-1 assessment of a child by the juvenile probation department. The
108-2 guidelines shall provide a means for assessing a child's mental
108-3 health status, family background, and level of education. The
108-4 guidelines shall assist the probation department in determining
108-5 whether a comprehensive psychological evaluation of the child
108-6 should be conducted. The board shall require that probation
108-7 department personnel use assessment information compiled by the
108-8 child's school, if the information is available, before conducting
108-9 a comprehensive psychological evaluation of the child. The board
108-10 may adopt all or part of the Texas Juvenile Probation Commission's
108-11 minimum standards for assessment under Section 141.042 in complying
108-12 with this subsection.
108-13 SECTION 64. Section 8.07(a), Penal Code, is amended to read
108-14 as follows:
108-15 (a) A person may not be prosecuted for or convicted of any
108-16 offense that he committed when younger than 14 <15> years of age
108-17 except:
108-18 (1) perjury and aggravated perjury when it appears by
108-19 proof that he had sufficient discretion to understand the nature
108-20 and obligation of an oath;
108-21 (2) a violation of a penal statute cognizable under
108-22 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
108-23 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
108-24 which violates the laws of this state prohibiting driving while
108-25 intoxicated or under the influence of intoxicating liquor (first or
108-26 subsequent offense) or driving while under the influence of any
108-27 narcotic drug or of any other drug to a degree which renders him
109-1 incapable of safely driving a vehicle (first or subsequent
109-2 offense)>;
109-3 (3) a violation of a motor vehicle traffic ordinance
109-4 of an incorporated city or town in this state;
109-5 (4) a misdemeanor punishable by fine only other than
109-6 public intoxication; or
109-7 (5) a violation of a penal ordinance of a political
109-8 subdivision.
109-9 SECTION 65. Section 12.42, Penal Code, is amended by adding
109-10 Subsection (f) to read as follows:
109-11 (f) For the purposes of Subsections (a)-(c) and (e), an
109-12 adjudication by a juvenile court under Section 54.03 that a child
109-13 engaged in conduct constituting a felony offense resulting in
109-14 commitment to the Texas Youth Commission under Section 54.04(d)(2),
109-15 (d)(3), or (m) or 54.05(f), Family Code, is a final felony
109-16 conviction.
109-17 SECTION 66. Chapter 15, Penal Code, is amended by adding
109-18 Section 15.031 to read as follows:
109-19 Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A
109-20 person commits an offense if, with intent that an offense listed by
109-21 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
109-22 committed, the person requests, commands, or attempts to induce a
109-23 minor to engage in specific conduct that, under the circumstances
109-24 surrounding the actor's conduct as the actor believes them to be,
109-25 would constitute an offense listed by Section 3g(a)(1), Article
109-26 42.12, or make the minor a party to the commission of an offense
109-27 listed by Section 3g(a)(1), Article 42.12.
110-1 (b) A person may not be convicted under this section on the
110-2 uncorroborated testimony of the minor allegedly solicited unless
110-3 the solicitation is made under circumstances strongly corroborative
110-4 of both the solicitation itself and the actor's intent that the
110-5 minor act on the solicitation.
110-6 (c) It is no defense to prosecution under this section that:
110-7 (1) the minor solicited is not criminally responsible
110-8 for the offense solicited;
110-9 (2) the minor solicited has been acquitted, has not
110-10 been prosecuted or convicted, has been convicted of a different
110-11 offense or of a different type or class of offense, or is immune
110-12 from prosecution;
110-13 (3) the actor belongs to a class of persons that by
110-14 definition of the offense solicited is legally incapable of
110-15 committing the offense in an individual capacity; or
110-16 (4) the offense solicited was actually committed.
110-17 (d) An offense under this section is one category lower than
110-18 the solicited offense.
110-19 (e) In this section, "minor" means an individual younger
110-20 than 17 years of age.
110-21 SECTION 67. Chapter 4, Code of Criminal Procedure, is
110-22 amended by adding Article 4.18 to read as follows:
110-23 Art. 4.18. TRANSFER OF JURISDICTION FROM JUVENILE COURT.
110-24 (a) A claim that a district court or criminal district court does
110-25 not have jurisdiction over a person because jurisdiction is
110-26 exclusively in the juvenile court and that the juvenile court could
110-27 not waive jurisdiction under Section 8.07(a), Penal Code, or did
111-1 not waive jurisdiction under Section 8.07(b), Penal Code, must be
111-2 made by written motion in bar of prosecution filed with the court
111-3 in which criminal charges against the person are filed.
111-4 (b) The motion must be filed and presented to the presiding
111-5 judge of the court:
111-6 (1) if the defendant enters a plea of guilty or no
111-7 contest, before the plea;
111-8 (2) if the defendant's guilt or punishment is tried or
111-9 determined by a jury, before selection of the jury begins; or
111-10 (3) if the defendant's guilt is tried by the court,
111-11 before the first witness is sworn.
111-12 (c) Unless the motion is not contested, the presiding judge
111-13 shall promptly conduct a hearing without a jury and rule on the
111-14 motion. The party making the motion has the burden of establishing
111-15 by a preponderance of the evidence those facts necessary for the
111-16 motion to prevail.
111-17 (d) A person may not contest the jurisdiction of the court
111-18 on the ground that the juvenile court has exclusive jurisdiction
111-19 if:
111-20 (1) the person does not file a motion within the time
111-21 requirements of this article; or
111-22 (2) the presiding judge finds under Subsection (c)
111-23 that a motion made under this article does not prevail.
111-24 (e) An appellate court may review a trial court's
111-25 determination under this article, if otherwise authorized by law,
111-26 only after conviction in the trial court.
111-27 (f) A court that finds that it lacks jurisdiction over a
112-1 case because exclusive jurisdiction is in the juvenile court shall
112-2 transfer the case to the juvenile court as provided by Section
112-3 51.08, Family Code.
112-4 SECTION 68. Article 14.06(b), Code of Criminal Procedure, is
112-5 amended to read as follows:
112-6 (b) A peace officer who is charging a person, including a
112-7 child, with committing an offense that is a Class C misdemeanor,
112-8 other than an offense under Section 49.02, Penal Code, may, instead
112-9 of taking the person before a magistrate, issue a citation to the
112-10 person that contains written notice of the time and place the
112-11 person must appear before a magistrate, the name and address of the
112-12 person charged, and the offense charged.
112-13 SECTION 69. Section 3(a), Article 37.07, Code of Criminal
112-14 Procedure, is amended to read as follows:
112-15 (a) Regardless of the plea and whether the punishment be
112-16 assessed by the judge or the jury, evidence may be offered by the
112-17 state and the defendant as to any matter the court deems relevant
112-18 to sentencing, including but not limited to the prior criminal
112-19 record of the defendant, his general reputation, his character, an
112-20 opinion regarding his character, the circumstances of the offense
112-21 for which he is being tried, and, notwithstanding Rules 404 and
112-22 405, Texas Rules of Criminal Evidence, any other evidence of an
112-23 extraneous crime or bad act that is shown beyond a reasonable doubt
112-24 by evidence to have been committed by the defendant or for which he
112-25 could be held criminally responsible, regardless of whether he has
112-26 previously been charged with or finally convicted of the crime or
112-27 act. A court may consider as a factor in mitigating punishment the
113-1 conduct of a defendant while participating in a program under
113-2 Chapter 17 of this code as a condition of release on bail.
113-3 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
113-4 Evidence, evidence may be offered by the state and the defendant of
113-5 an adjudication of delinquency based on a violation by the
113-6 defendant of a penal law of the grade of:
113-7 (1) a felony; or
113-8 (2) a misdemeanor punishable by confinement in jail
113-9 <unless:>
113-10 <(1) the adjudication is based on conduct committed
113-11 more than five years before the commission of the offense for which
113-12 the person is being tried; and>
113-13 <(2) in the five years preceding the date of the
113-14 commission of the offense for which the person is being tried, the
113-15 person did not engage in conduct for which the person has been
113-16 adjudicated as a delinquent child or a child in need of supervision
113-17 and did not commit an offense for which the person has been
113-18 convicted>.
113-19 SECTION 70. Section 20, Article 42.18, Code of Criminal
113-20 Procedure, is amended to read as follows:
113-21 Sec. 20. INAPPLICABLE TO JUVENILES. (a) Except as provided
113-22 by Subsection (b) of this section, the <The> provisions of this
113-23 article shall not apply to parole from institutions for juveniles
113-24 or to temporary furloughs granted to an inmate by the institutional
113-25 division under Section 500.006, Government Code.
113-26 (b) The provisions of this article not in conflict with
113-27 Section 29 of this article apply to parole of a person from the
114-1 Texas Youth Commission under that section.
114-2 SECTION 71. Article 42.18, Code of Criminal Procedure, is
114-3 amended by adding Section 29 to read as follows:
114-4 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
114-5 the 90th day before the date the Texas Youth Commission transfers a
114-6 person to the custody of the pardons and paroles division for
114-7 release on parole under Section 61.084(e) or (f), Human Resources
114-8 Code, the commission shall submit to the department all pertinent
114-9 information relating to the person, including:
114-10 (1) the juvenile court judgment;
114-11 (2) the circumstances of the person's offense;
114-12 (3) the person's previous social history and juvenile
114-13 court records;
114-14 (4) the person's physical and mental health record;
114-15 (5) a record of the person's conduct, employment
114-16 history, and attitude while committed to the commission;
114-17 (6) a record of the sentence time served by the person
114-18 at the commission and in a juvenile detention facility in
114-19 connection with the conduct for which the person was adjudicated;
114-20 and
114-21 (7) any written comments or information provided by
114-22 the commission, local officials, or victims of the offense.
114-23 (b) Before the release of the person on parole, a parole
114-24 panel shall review the person's records and may interview the
114-25 person or any other person the panel deems is necessary to
114-26 determine the conditions of parole. The panel may impose any
114-27 reasonable condition of parole on the person that the panel may
115-1 impose on an adult prisoner under this article.
115-2 (c) The panel shall furnish the person with a written
115-3 statement clearly describing the conditions and rules of parole.
115-4 The person must accept and sign the written statement as a
115-5 precondition to release on parole.
115-6 (d) While on parole, the person remains in the legal custody
115-7 of the state and shall comply with the conditions of parole ordered
115-8 by a panel under this section.
115-9 (e) The period of parole for a person released to parole
115-10 under this section is the maximum term for which the person was
115-11 sentenced less calendar time actually served at the Texas Youth
115-12 Commission and in a juvenile detention facility in connection with
115-13 the conduct for which the person was adjudicated.
115-14 (f) If a parole panel revokes the person's parole, the panel
115-15 may require the person to serve the portion remaining of the
115-16 person's sentence in the institutional division. The remaining
115-17 portion of the person's sentence is calculated without credit for
115-18 the time from the date of the person's release to the date of
115-19 revocation. The panel may not recommit the person to the Texas
115-20 Youth Commission.
115-21 (g) For purposes of this article, a person released from the
115-22 Texas Youth Commission on parole under this section is deemed to
115-23 have been convicted of the offense for which the person has been
115-24 adjudicated.
115-25 SECTION 72. Chapter 45, Code of Criminal Procedure, is
115-26 amended by adding Article 45.522 to read as follows:
115-27 Art. 45.522. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
116-1 A justice court or municipal court may not order the confinement of
116-2 a person who is a child for the purposes of Title 3, Family Code,
116-3 for the failure to pay all or any part of a fine or costs imposed
116-4 for the conviction of an offense punishable by fine only.
116-5 (b) Section 51.03(a)(3), Family Code, and the procedures for
116-6 the adjudication of a child for delinquent conduct apply to a child
116-7 who fails to obey an order of a justice or municipal court under
116-8 circumstances that would constitute contempt of court.
116-9 SECTION 73. Section 511.009(a), Government Code, is amended
116-10 to read as follows:
116-11 (a) The commission shall:
116-12 (1) adopt reasonable rules and procedures establishing
116-13 minimum standards for the construction, equipment, maintenance, and
116-14 operation of county jails;
116-15 (2) adopt reasonable rules and procedures establishing
116-16 minimum standards for the custody, care, and treatment of
116-17 prisoners;
116-18 (3) adopt reasonable rules establishing minimum
116-19 standards for the number of jail supervisory personnel and for
116-20 programs and services to meet the needs of prisoners;
116-21 (4) adopt reasonable rules and procedures establishing
116-22 minimum requirements for programs of rehabilitation, education, and
116-23 recreation in county jails;
116-24 (5) revise, amend, or change rules and procedures if
116-25 necessary;
116-26 (6) provide to local government officials consultation
116-27 on and technical assistance for county jails;
117-1 (7) review and comment on plans for the construction
117-2 and major modification or renovation of county jails;
117-3 (8) require that the sheriff and commissioners of each
117-4 county submit to the commission, on a form prescribed by the
117-5 commission, an annual report on the conditions in each county jail
117-6 within their jurisdiction, including all information necessary to
117-7 determine compliance with state law, commission orders, and the
117-8 rules adopted under this chapter;
117-9 (9) review the reports submitted under Subdivision (8)
117-10 and require commission employees to inspect county jails regularly
117-11 to ensure compliance with state law, commission orders, and rules
117-12 and procedures adopted under this chapter; <and>
117-13 (10) at least annually determine whether each county
117-14 jail is in compliance with the rules and procedures adopted under
117-15 this chapter;
117-16 (11) require that the chief jailer of each municipal
117-17 lockup submit to the commission, on a form prescribed by the
117-18 commission, an annual report of persons under 17 years of age
117-19 securely detained in the lockup, including all information
117-20 necessary to determine compliance with state law concerning secure
117-21 confinement of children in municipal lockups; and
117-22 (12) require that the sheriff and commissioners court
117-23 of each county submit to the commission, on a form prescribed by
117-24 the commission, an annual report of persons under 17 years of age
117-25 securely detained in the county jail, including all information
117-26 necessary to determine compliance with state law concerning secure
117-27 confinement of children in county jails.
118-1 SECTION 74. Sections 21.3011(a), (b), (c), and (g),
118-2 Education Code, are amended to read as follows:
118-3 (a) In this section, "expulsion" means suspension of a
118-4 student from school for more than six school days within a semester
118-5 and referral to the juvenile court. The term does not include
118-6 removal of a student to an alternative education program.
118-7 (b) A student may be removed from class and expelled with a
118-8 referral to the juvenile court without resort to an alternative
118-9 education program under Section 21.301 of this code if the student,
118-10 on school property or while attending a school-sponsored or
118-11 school-related activity on or off of school property:
118-12 (1) assaults a teacher or other individual;
118-13 (2) sells, gives, or delivers to another person or
118-14 possesses or uses or is under the influence of:
118-15 (A) marihuana or a controlled substance, as
118-16 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
118-17 Section 801 et seq.; or
118-18 (B) a dangerous drug, as defined by Chapter 483,
118-19 Health and Safety Code;
118-20 (3) sells, gives, or delivers to another person an
118-21 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
118-22 Code, or commits a serious act or offense while under the influence
118-23 of alcohol; or on more than one occasion possesses, uses, or is
118-24 under the influence of an alcoholic beverage;
118-25 (4) possesses a firearm as defined by Section
118-26 46.01(3), Penal Code, an illegal knife as defined by Section
118-27 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
119-1 Code, or a weapon listed as a prohibited weapon under Section
119-2 46.06, Penal Code;
119-3 (5) engages in conduct that contains the elements of
119-4 an offense relating to abusable glue or aerosol paint under
119-5 Sections 485.031 through 485.035, Health and Safety Code, or
119-6 relating to volatile chemicals under Chapter 484, Health and Safety
119-7 Code;
119-8 (6) engages in conduct that contains the elements of
119-9 the offense of arson under Section 28.02, Penal Code;
119-10 (7) engages in conduct that contains the elements of
119-11 the offense of criminal mischief under Section 28.03, Penal Code,
119-12 if the offense is punishable as a felony under that section; or
119-13 (8) engages in conduct that contains the elements of
119-14 the offense of public lewdness under Section 21.07, Penal Code.
119-15 (c) A student who, after having been placed in an
119-16 alternative education program under Section 21.301 of this code,
119-17 continues to engage in serious or persistent misbehavior that
119-18 violates the district's previously communicated written standards
119-19 of student conduct may be removed from class and expelled with a
119-20 referral to juvenile court.
119-21 (g) The board or its designee shall deliver a copy of the
119-22 order expelling the student to the student and the student's parent
119-23 or guardian. The board or its designee shall also deliver on or
119-24 before the second working day after the date of the expulsion
119-25 hearing a copy of the order and any other information required by
119-26 Section 52.04, Family Code, to the authorized officer of the
119-27 juvenile court in the county in which the student resides. The
120-1 officer shall determine whether:
120-2 (1) a petition should be filed alleging that the
120-3 student is in need of supervision or engaged in delinquent conduct;
120-4 or
120-5 (2) the student should be referred to an appropriate
120-6 state agency.
120-7 SECTION 75. Section 21.002, Government Code, is amended by
120-8 amending Subsection (a) and adding Subsection (h) to read as
120-9 follows:
120-10 (a) Except as provided by Subsections <Subsection> (g) and
120-11 (h), a court may punish for contempt.
120-12 (h) A justice or municipal court may not punish by contempt
120-13 a person who engages in conduct that violates an order of the court
120-14 if the conduct of the person is delinquent conduct under Section
120-15 51.03(a)(3), Family Code. The justice or municipal court shall
120-16 refer the person to the juvenile court for engaging in the
120-17 delinquent conduct.
120-18 SECTION 76. The Texas Juvenile Probation Commission, in
120-19 collaboration with the Texas Department of Mental Health and Mental
120-20 Retardation, shall develop a model protocol by which juvenile
120-21 probation departments shall refer children with mental impairments
120-22 to local community management teams of the Children's Mental Health
120-23 Plan. The protocol is to be distributed to all juvenile boards,
120-24 chief probation officers and community management teams no later
120-25 than September 1, 1995.
120-26 SECTION 77. Sections 51.14, 51.15, and 51.16, Family Code,
120-27 are repealed.
121-1 SECTION 78. (a) An amendment to any provision of Title 3,
121-2 Family Code, made by another Act of the 74th Legislature, Regular
121-3 Session, 1995, applies only to conduct that occurs on or after the
121-4 effective date of the other Act and before September 1, 1995. The
121-5 amendment made by the other Act continues in effect only for the
121-6 limited purpose of the prosecution of the conduct committed before
121-7 September 1, 1995.
121-8 (b) For purposes of this section, conduct violating the
121-9 penal law of this state occurs before September 1, 1995, only if
121-10 all elements of the violation occur before that date.
121-11 SECTION 79. (a) This Act takes effect September 1, 1995,
121-12 except as otherwise provided by this section.
121-13 (b) The juvenile justice information system required by
121-14 Chapter 58, Family Code, as added by this Act, must be in operation
121-15 by a date not earlier than September 1, 1995, and not later than
121-16 January 1, 1996, as determined by the Department of Public Safety
121-17 of the State of Texas, Texas Youth Commission, and Texas Juvenile
121-18 Probation Commission. Chapter 58, Family Code, as added by this
121-19 Act, and the repeal of those sections listed in Section 77 of this
121-20 Act take effect on the date that the juvenile justice information
121-21 system is placed in operation.
121-22 (c) This Act applies only to conduct that occurs on or after
121-23 the effective date of this Act. Conduct violating the penal law of
121-24 this state occurs on or after the effective date of this Act if
121-25 every element of the violation occurs on or after that date.
121-26 (d) Conduct that occurs before the effective date of this
121-27 Act is governed by the law in effect at the time the conduct
122-1 occurred, and that law is continued in effect for that purpose.
122-2 SECTION 80. The importance of this legislation and the
122-3 crowded condition of the calendars in both houses create an
122-4 emergency and an imperative public necessity that the
122-5 constitutional rule requiring bills to be read on three several
122-6 days in each house be suspended, and this rule is hereby suspended.