H.B. No. 327
1-1 AN ACT
1-2 relating to the juvenile justice system, including the adjudication
1-3 and disposition of children; providing for civil and criminal
1-4 penalties.
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 criminal 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 to read as
2-23 follows:
2-24 Sec. 51.02. DEFINITIONS. In this title:
2-25 (1) "Aggravated controlled substance felony" means an
2-26 offense under Subchapter D, Chapter 481, Health and Safety Code,
2-27 that is punishable by:
3-1 (A) a minimum term of confinement that is longer
3-2 than the minimum term of confinement for a felony of the first
3-3 degree; or
3-4 (B) a maximum fine that is greater than the
3-5 maximum fine for a felony of the first degree.
3-6 (2) <(1)> "Child" means a person who is:
3-7 (A) ten years of age or older and under 17 years
3-8 of age; or
3-9 (B) seventeen years of age or older and under 18
3-10 years of age who is alleged or found to have engaged in delinquent
3-11 conduct or conduct indicating a need for supervision as a result of
3-12 acts committed before becoming 17 years of age.
3-13 (3) <(4)> "Custodian" means the adult with whom the
3-14 child resides.
3-15 (4) <(3)> "Guardian" means the person who, under court
3-16 order, is the guardian of the person of the child or the public or
3-17 private agency with whom the child has been placed by a court.
3-18 (5) <(6)> "Judge" or "juvenile court judge" means the
3-19 judge of a juvenile court.
3-20 (6) <(5)> "Juvenile court" means a court designated
3-21 under Section 51.04 of this code to exercise jurisdiction over
3-22 proceedings under this title.
3-23 (7) <(8)> "Law-enforcement officer" means a peace
3-24 officer as defined by Article 2.12, <Texas> Code of Criminal
3-25 Procedure.
3-26 (8) "Nonoffender" means a child who:
3-27 (A) is subject to jurisdiction of a court under
4-1 abuse, dependency, or neglect statutes under Title 5 for reasons
4-2 other than legally prohibited conduct of the child; or
4-3 (B) has been taken into custody and is being
4-4 held solely for deportation out of the United States.
4-5 (9) <(2)> "Parent" means the mother, the father
4-6 whether or not the child is legitimate, or an adoptive parent, but
4-7 does not include a parent whose parental rights have been
4-8 terminated.
4-9 (10) "Party" means the state, a child who is the
4-10 subject of proceedings under this subtitle, or the child's parent,
4-11 spouse, guardian, or guardian ad litem.
4-12 (11) <(7)> "Prosecuting attorney" means the county
4-13 attorney, district attorney, or other attorney who regularly serves
4-14 in a prosecutory capacity in a juvenile court.
4-15 (12) "Referral to juvenile court" means the referral
4-16 of a child or a child's case to the office or official, including
4-17 an intake officer or probation officer, designated by the juvenile
4-18 court to process children within the juvenile justice system.
4-19 (13) "Secure correctional facility" means any public
4-20 or private residential facility, including an alcohol or other drug
4-21 treatment facility, that:
4-22 (A) includes construction fixtures designed to
4-23 physically restrict the movements and activities of juveniles or
4-24 other individuals held in lawful custody in the facility; and
4-25 (B) is used for the placement of any juvenile
4-26 who has been adjudicated as having committed an offense, any
4-27 nonoffender, or any other individual convicted of a criminal
5-1 offense.
5-2 (14) "Secure detention facility" means any public or
5-3 private residential facility that:
5-4 (A) includes construction fixtures designed to
5-5 physically restrict the movements and activities of juveniles or
5-6 other individuals held in lawful custody in the facility; and
5-7 (B) is used for the temporary placement of any
5-8 juvenile who is accused of having committed an offense, any
5-9 nonoffender, or any other individual accused of having committed a
5-10 criminal offense.
5-11 (15) "Status offender" means a child who is accused,
5-12 adjudicated, or convicted for conduct that would not, under state
5-13 law, be a crime if committed by an adult, including:
5-14 (A) truancy under Section 51.03(b)(2);
5-15 (B) running away from home under Section
5-16 51.03(b)(3);
5-17 (C) a fineable only offense under Section
5-18 51.03(b)(1) transferred to the juvenile court under Section
5-19 51.08(b), but only if the conduct constituting the offense would
5-20 not have been criminal if engaged in by an adult;
5-21 (D) failure to attend school under Section
5-22 4.251, Education Code;
5-23 (E) a violation of standards of student conduct
5-24 as described by Section 51.03(b)(6);
5-25 (F) a violation of a juvenile curfew ordinance
5-26 or order;
5-27 (G) a violation of a provision of the Alcoholic
6-1 Beverage Code applicable to minors only; or
6-2 (H) a violation of any other fineable only
6-3 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
6-4 the conduct constituting the offense would not have been criminal
6-5 if engaged in by an adult.
6-6 (16) <(9)> "Traffic offense" means:
6-7 (A) a violation of a penal statute cognizable
6-8 under Chapter 302, Acts of the 55th Legislature, Regular Session,
6-9 1957, as amended (Article 6701l-4 <802e>, Vernon's Texas Civil
6-10 Statutes <Penal Code>); or
6-11 (B) a violation of a motor vehicle traffic
6-12 ordinance of an incorporated city or town in this state.
6-13 (17) "Valid court order" means a court order entered
6-14 under Section 54.04 concerning a child adjudicated to have engaged
6-15 in conduct indicating a need for supervision as a status offender.
6-16 SECTION 4. Sections 51.03(a) and (b), Family Code, are
6-17 amended to read as follows:
6-18 (a) Delinquent conduct is:
6-19 (1) conduct, other than a traffic offense, that
6-20 violates a penal law of this state or of the United States
6-21 punishable by imprisonment or by confinement in jail;
6-22 (2) conduct that violates a reasonable and lawful
6-23 order of a juvenile court entered under Section 54.04 or 54.05 of
6-24 this code, except an order prohibiting the following conduct:
6-25 (A) a violation of the penal laws of this state
6-26 of the grade of misdemeanor that is punishable by fine only or a
6-27 violation of the penal ordinances of any political subdivision of
7-1 this state;
7-2 (B) the unexcused voluntary absence of a child
7-3 from school; or
7-4 (C) the voluntary absence of a child from his
7-5 home without the consent of his parent or guardian for a
7-6 substantial length of time or without intent to return; <or>
7-7 (3) conduct that violates a lawful order of a
7-8 municipal court or justice court under circumstances that would
7-9 constitute contempt of that court; or
7-10 (4) conduct that violates the laws of this state
7-11 prohibiting driving while intoxicated or under the influence of
7-12 intoxicating liquor (third or subsequent offense) or driving while
7-13 under the influence of any narcotic drug or of any other drug to
7-14 the degree that renders the child incapable of safely driving a
7-15 vehicle (third or subsequent offense).
7-16 (b) Conduct indicating a need for supervision is:
7-17 (1) subject to Subsection (f) of this section,
7-18 conduct, other than a traffic offense, that violates:
7-19 (A) the penal laws of this state of the grade of
7-20 misdemeanor that are punishable by fine only; or
7-21 (B) the penal ordinances of any political
7-22 subdivision of this state;
7-23 (2) the unexcused voluntary absence of a child on 10
7-24 or more days or parts of days within a six-month period or three or
7-25 more days or parts of days within a four-week period from school
7-26 without the consent of his parents;
7-27 (3) the voluntary absence of a child from his home
8-1 without the consent of his parent or guardian for a substantial
8-2 length of time or without intent to return;
8-3 (4) conduct which violates the laws of this state
8-4 prohibiting driving while intoxicated or under the influence of
8-5 intoxicating liquor (first or second offense) or driving while
8-6 under the influence of any narcotic drug or of any other drug to a
8-7 degree which renders him incapable of safely driving a vehicle
8-8 (first or second offense); <or>
8-9 (5) conduct prohibited by city ordinance or by state
8-10 law involving the inhalation of the fumes or vapors of paint and
8-11 other protective coatings or glue and other adhesives and the
8-12 volatile chemicals itemized in Section 484.002, Health and Safety
8-13 Code;
8-14 (6) an act that violates a school district's
8-15 previously communicated written standards of student conduct for
8-16 which the child has been expelled under Section 21.3011, Education
8-17 Code; or
8-18 (7) conduct that violates a reasonable and lawful
8-19 order of a court entered under Section 264.305.
8-20 SECTION 5. Chapter 51, Family Code, is amended by adding
8-21 Section 51.031 to read as follows:
8-22 Sec. 51.031. HABITUAL FELONY CONDUCT. Habitual felony
8-23 conduct is conduct violating a penal law of the grade of felony,
8-24 other than a state jail felony, if:
8-25 (1) the child who engaged in the conduct has at least
8-26 two previous adjudications as having engaged in delinquent conduct
8-27 violating a penal law of the grade of felony; and
9-1 (2) the second previous adjudication is for conduct
9-2 that occurred after the date the first previous adjudication became
9-3 final.
9-4 SECTION 6. Chapter 51, Family Code, is amended by adding
9-5 Sections 51.041 and 51.042 to read as follows:
9-6 Sec. 51.041. JURISDICTION AFTER APPEAL. The court retains
9-7 jurisdiction over a person, without regard to the age of the
9-8 person, for conduct engaged in by the person before becoming 17
9-9 years of age if, as a result of an appeal by the person under
9-10 Chapter 56 of an order of the court, the order is reversed or
9-11 modified and the case remanded to the court by the appellate court.
9-12 Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
9-13 CHILD. (a) A child who objects to the jurisdiction of the court
9-14 over the child because of the age of the child must raise the
9-15 objection at the adjudication hearing or discretionary transfer
9-16 hearing, if any.
9-17 (b) A child who does not object as provided by Subsection
9-18 (a) waives any right to object to the jurisdiction of the court
9-19 because of the age of the child at a later hearing or on appeal.
9-20 SECTION 7. Section 51.06(b), Family Code, is amended to read
9-21 as follows:
9-22 (b) An application for a writ of habeas corpus brought by or
9-23 on behalf of a person <child> who has been committed to an
9-24 institution under the jurisdiction of the Texas Youth Commission
9-25 and which attacks the validity of the judgment of commitment shall
9-26 be brought in the county in which the court that entered the
9-27 judgment of commitment is located.
10-1 SECTION 8. Section 51.09(b), Family Code, as amended by
10-2 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
10-3 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
10-4 Legislature, Regular Session, 1991, and amended to read as follows:
10-5 (b) Notwithstanding any of the provisions of Subsection (a)
10-6 of this section, the statement of a child is admissible in evidence
10-7 in any future proceeding concerning the matter about which the
10-8 statement was given if:
10-9 (1) when the child is in a detention facility or other
10-10 place of confinement or in the custody of an officer, the statement
10-11 is made in writing and the statement shows that the child has at
10-12 some time prior to the making thereof received from a magistrate a
10-13 warning that:
10-14 (A) the child may remain silent and not make any
10-15 statement at all and that any statement that the child makes may be
10-16 used in evidence against the child;
10-17 (B) the child has the right to have an attorney
10-18 present to advise the child either prior to any questioning or
10-19 during the questioning;
10-20 (C) if the child is unable to employ an
10-21 attorney, the child has the right to have an attorney appointed to
10-22 counsel with the child prior to or during any interviews with peace
10-23 officers or attorneys representing the state;
10-24 (D) the child has the right to terminate the
10-25 interview at any time;
10-26 (E) if the child is 14 <15> years of age or
10-27 older at the time of the violation of a penal law of the grade of
11-1 capital felony, aggravated controlled substance felony, or felony
11-2 of the first degree, or is 15 years of age or older at the time of
11-3 the violation of a penal law of the grade of felony of the second
11-4 or third degree or a state jail felony, the juvenile court may
11-5 waive its jurisdiction and the child may be tried as an adult,
11-6 except that if the child has previously been transferred to a
11-7 district court or criminal district court for criminal proceedings
11-8 and has violated a penal law of the grade of felony, the juvenile
11-9 court is required to waive its jurisdiction and the child can be
11-10 tried as an adult;
11-11 (F) the child may be sentenced to commitment in
11-12 the Texas Youth Commission with a possible transfer to the
11-13 institutional division or the pardons and paroles division of the
11-14 Texas Department of Criminal Justice for a maximum term of <not to
11-15 exceed> 40 years for a capital felony, felony of the first degree,
11-16 or aggravated controlled substance felony, 20 years for a felony of
11-17 the second degree, or 10 years for a felony of the third degree if
11-18 the child is found to have engaged in habitual felony conduct by
11-19 violating a penal law of the grade of felony, other than a state
11-20 jail felony, if the child has at least two previous adjudications
11-21 as having engaged in delinquent conduct violating a penal law of
11-22 the grade of felony and the second previous adjudication is for
11-23 conduct that occurred after the date the first previous
11-24 adjudication became final, alleged in a petition approved by a
11-25 grand jury, or if the child is found to have engaged in delinquent
11-26 conduct, alleged in a petition approved by a grand jury, that
11-27 included:
12-1 (i) murder;
12-2 (ii) capital murder;
12-3 (iii) aggravated kidnapping;
12-4 (iv) sexual assault or aggravated sexual
12-5 assault;
12-6 (v) aggravated robbery;
12-7 (vi) aggravated assault <deadly assault on
12-8 a law enforcement officer, corrections officer, court participant,
12-9 or probation personnel>; <or>
12-10 (vii) injury to a child, elderly
12-11 individual, or disabled individual that is punishable as a felony,
12-12 other than a state jail felony, under Section 22.04, Penal Code;
12-13 (viii) deadly conduct defined by Section
12-14 22.05(b), Penal Code (discharging firearm at persons or certain
12-15 objects);
12-16 (ix) an offense that is a felony of the
12-17 first degree or an aggravated controlled substance felony under
12-18 Subchapter D, Chapter 481, Health and Safety Code (certain offenses
12-19 involving controlled substances);
12-20 (x) criminal solicitation;
12-21 (xi) indecency with a child that is
12-22 punishable under Section 21.11(a)(1), Penal Code;
12-23 (xii) criminal solicitation of a minor
12-24 (Section 15.031, Penal Code); or
12-25 (xiii) criminal attempt to commit any of
12-26 the offenses listed in Section 3g(a)(1), Article 42.12, Code of
12-27 Criminal Procedure, which include murder, capital murder, indecency
13-1 with a child, aggravated kidnapping, aggravated sexual assault, and
13-2 aggravated robbery <(vi) attempted capital murder>; and
13-3 (G) the statement must be signed in the presence
13-4 of a magistrate by the child with no law enforcement officer or
13-5 prosecuting attorney present, except that a magistrate may require
13-6 a bailiff or a law enforcement officer if a bailiff is not
13-7 available to be present if the magistrate determines that the
13-8 presence of the bailiff or law enforcement officer is necessary for
13-9 the personal safety of the magistrate or other court personnel,
13-10 provided that the bailiff or law enforcement officer may not carry
13-11 a weapon in the presence of the child. The magistrate must be
13-12 fully convinced that the child understands the nature and contents
13-13 of the statement and that the child is signing the same
13-14 voluntarily. If such a statement is taken, the magistrate shall
13-15 sign a written statement verifying the foregoing requisites have
13-16 been met.
13-17 The child must knowingly, intelligently, and voluntarily
13-18 waive these rights prior to and during the making of the statement
13-19 and sign the statement in the presence of a magistrate who must
13-20 certify that he has examined the child independent of any law
13-21 enforcement officer or prosecuting attorney, except as required to
13-22 ensure the personal safety of the magistrate or other court
13-23 personnel, and has determined that the child understands the nature
13-24 and contents of the statement and has knowingly, intelligently, and
13-25 voluntarily waived these rights.
13-26 (2) it be made orally and the child makes a statement
13-27 of facts or circumstances that are found to be true, which conduct
14-1 tends to establish his guilt, such as the finding of secreted or
14-2 stolen property, or the instrument with which he states the offense
14-3 was committed.
14-4 (3) the statement was res gestae of the delinquent
14-5 conduct or the conduct indicating a need for supervision or of the
14-6 arrest.
14-7 SECTION 9. Section 51.09(c), Family Code, as amended by
14-8 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
14-9 Session, 1991, is reenacted and amended to read as follows:
14-10 (c) A warning under Subsection (b)(1)(E) or <Subsection>
14-11 (b)(1)(F) <of this section> is required only when applicable to the
14-12 facts of the case. A failure to warn a child under Subsection
14-13 (b)(1)(E) <of this section> does not render a statement made by the
14-14 child inadmissible unless the child is transferred to a <criminal>
14-15 district court under Section 54.02 <of this code>. A failure to
14-16 warn a child under Subsection (b)(1)(F) <of this section> does not
14-17 render a statement made by the child inadmissible unless the state
14-18 proceeds against the child on a petition approved by a grand jury
14-19 under Section 53.045 <of this code>.
14-20 SECTION 10. Chapter 51, Family Code, is amended by adding
14-21 Sections 51.115 and 51.116 to read as follows:
14-22 Sec. 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER
14-23 GUARDIAN. (a) Each parent of a child, each managing and
14-24 possessory conservator of a child, each court-appointed custodian
14-25 of a child, and a guardian of the person of the child shall attend
14-26 each hearing affecting the child held under:
14-27 (1) Section 54.02 (waiver of jurisdiction and
15-1 discretionary transfer to criminal court);
15-2 (2) Section 54.03 (adjudication hearing);
15-3 (3) Section 54.04 (disposition hearing);
15-4 (4) Section 54.05 (hearing to modify disposition); and
15-5 (5) Section 54.11 (release or transfer hearing).
15-6 (b) Subsection (a) does not apply to:
15-7 (1) a person for whom, for good cause shown, the court
15-8 waives attendance;
15-9 (2) a person who is not a resident of this state; or
15-10 (3) a parent of a child for whom a managing
15-11 conservator has been appointed and the parent is not a conservator
15-12 of the child.
15-13 (c) A person required under this section to attend a hearing
15-14 is entitled to reasonable written or oral notice that includes a
15-15 statement of the place, date, and time of the hearing and that the
15-16 attendance of the person is required. The notice may be included
15-17 with or attached to any other notice required by this chapter to be
15-18 given the person. Separate notice is not required for a
15-19 disposition hearing that convenes on the adjournment of an
15-20 adjudication hearing. If a person required under this section
15-21 fails to attend a hearing, the juvenile court may proceed with the
15-22 hearing.
15-23 (d) A person who is required by Subsection (a) to attend a
15-24 hearing, who receives the notice of the hearing, and who fails to
15-25 attend the hearing may be punished by the court for contempt by a
15-26 fine of not less than $100 and not more than $1,000. In addition
15-27 to or in lieu of contempt, the court may order the person to
16-1 receive counseling or to attend an educational course on the duties
16-2 and responsibilities of parents and skills and techniques in
16-3 raising children.
16-4 Sec. 51.116. RIGHT TO REEMPLOYMENT. (a) An employer may
16-5 not terminate the employment of a permanent employee because the
16-6 employee is required under Section 51.115 to attend a hearing.
16-7 (b) An employee whose employment is terminated in violation
16-8 of this section is entitled to return to the same employment that
16-9 the employee held when notified of the hearing if the employee, as
16-10 soon as practical after the hearing, gives the employer actual
16-11 notice that the employee intends to return.
16-12 (c) A person who is injured because of a violation of this
16-13 section is entitled to reinstatement to the person's former
16-14 position and to damages, but the damages may not exceed an amount
16-15 equal to six months' compensation at the rate at which the person
16-16 was compensated when required to attend the hearing.
16-17 (d) The injured person is also entitled to reasonable
16-18 attorney's fees in an amount approved by the court.
16-19 (e) It is a defense to an action brought under this section
16-20 that the employer's circumstances changed while the employee
16-21 attended the hearing so that reemployment was impossible or
16-22 unreasonable. To establish a defense under this subsection, an
16-23 employer must prove that the termination of employment was because
16-24 of circumstances other than the employee's attendance at the
16-25 hearing.
16-26 SECTION 11. Section 51.10(c), Family Code, is amended to
16-27 read as follows:
17-1 (c) If the child was not represented by an attorney at the
17-2 detention hearing required by Section 54.01 of this code and a
17-3 determination was made to detain the child, the child shall
17-4 immediately be entitled to representation by an attorney. The
17-5 court shall <may> order the retention of an attorney according to
17-6 Subsection (d) <Section 51.10(d) of this code> or appoint an
17-7 attorney according to Subsection (f) <Section 51.10(f) of this
17-8 code>.
17-9 SECTION 12. Section 51.12, Family Code, is amended by
17-10 amending Subsections (a) and (c) and adding Subsections (f), (g),
17-11 and (h) to read as follows:
17-12 (a) Except as provided by Subsection (h) <after transfer to
17-13 criminal court for prosecution under Section 54.02 of this code>, a
17-14 child may <shall not> be detained only in a:
17-15 (1) juvenile processing office in compliance with
17-16 Section 52.025;
17-17 (2) place of nonsecure custody in compliance with
17-18 Section 52.027; or
17-19 (3) certified juvenile detention facility that
17-20 complies with the requirements of Subsection (f) <in or committed
17-21 to a compartment of a jail or lockup in which adults arrested for,
17-22 charged with, or convicted of crime are detained or committed, nor
17-23 be permitted contact with such persons>.
17-24 (c) In each county, the judge of the juvenile court and the
17-25 members of the juvenile board shall personally inspect the
17-26 detention facilities and any public or private secure correctional
17-27 facilities used for post-adjudication confinement that are located
18-1 in the county and operated under authority of the juvenile board at
18-2 least annually and shall certify in writing to the authorities
18-3 responsible for operating and giving financial support to the
18-4 facilities and to the Texas Juvenile Probation Commission that they
18-5 are suitable or unsuitable for the detention of children in
18-6 accordance with:
18-7 (1) the requirements of Subsections <Subsection> (a),
18-8 (f), and (g) <of this section>; and
18-9 (2) minimum <the requirements of Subchapter A, Chapter
18-10 351, Local Government Code, if the detention facility is a county
18-11 jail; and>
18-12 <(3) recognized> professional standards for the
18-13 detention of children in pre-adjudication or post-adjudication
18-14 secure confinement <deemed appropriate by the board, which may
18-15 include minimum standards> promulgated by the Texas Juvenile
18-16 Probation Commission or, at the election of the juvenile board, the
18-17 current standards promulgated by the American Correctional
18-18 Association<. The juvenile board shall annually provide to the
18-19 Texas Juvenile Probation Commission a copy of the standards used
18-20 under this section>.
18-21 (f) A child detained in a building that contains a jail,
18-22 lockup, or other place of secure confinement, including an alcohol
18-23 or other drug treatment facility, shall be separated by sight and
18-24 sound from adults detained in the same building. Children and
18-25 adults are separated by sight and sound only if they are unable to
18-26 see each other and conversation between them is not possible. The
18-27 separation must extend to all areas of the facility, including
19-1 sally ports and passageways, and those areas used for admission,
19-2 counseling, sleeping, toileting, showering, dining, recreational,
19-3 educational, or vocational activities, and health care. The
19-4 separation may be accomplished through architectural design.
19-5 (g) Except for a child detained in a juvenile processing
19-6 office or a place of nonsecure custody, a child detained in a
19-7 building that contains a jail or lockup may not have any contact
19-8 with:
19-9 (1) part-time or full-time security staff, including
19-10 management, who have contact with adults detained in the same
19-11 building; or
19-12 (2) direct-care staff who have contact with adults
19-13 detained in the same building.
19-14 (h) This section does not apply to a person:
19-15 (1) after transfer to criminal court for prosecution
19-16 under Section 54.02; or
19-17 (2) who is at least 18 years of age and who has been
19-18 taken into custody after having:
19-19 (A) escaped from a juvenile facility; or
19-20 (B) violated a condition of probation or of
19-21 release under supervision of the Texas Youth Commission.
19-22 SECTION 13. Section 51.13, Family Code, is amended by
19-23 amending Subsection (a) and adding Subsection (d) to read as
19-24 follows:
19-25 (a) Except as provided by Subsection (d), an <An> order of
19-26 adjudication or disposition in a proceeding under this title is not
19-27 a conviction of crime, and does not impose any civil disability
20-1 ordinarily resulting from a conviction or operate to disqualify the
20-2 child in any civil service application or appointment.
20-3 (d) An adjudication under Section 54.03 that a child engaged
20-4 in conduct that constitutes a felony offense resulting in
20-5 commitment to the Texas Youth Commission under Section 54.04(d)(2),
20-6 (d)(3), or (m) or 54.05(f) is a final felony conviction only for
20-7 the purposes of Sections 12.42(a)-(c) and (e), Penal Code.
20-8 SECTION 14. Section 51.17, Family Code, is amended to read
20-9 as follows:
20-10 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
20-11 burden of proof to be borne by the state in adjudicating a child to
20-12 be delinquent or in need of supervision under Section 54.03(f) or
20-13 otherwise when in conflict with a provision of this title, the
20-14 Texas Rules of Civil Procedure govern proceedings under this title.
20-15 <Particular reference is made to the burden of proof to be borne by
20-16 the state in adjudicating a child to be delinquent or in need of
20-17 supervision (Section 54.03(f)).>
20-18 (b) Discovery in a proceeding under this title is governed
20-19 by the Code of Criminal Procedure and by case decisions in criminal
20-20 cases.
20-21 (c) Except as otherwise provided by this title, the Texas
20-22 Rules of Criminal Evidence and Chapter 38, Code of Criminal
20-23 Procedure, apply in a judicial proceeding under this title.
20-24 SECTION 15. Section 52.01(a), Family Code, is amended to
20-25 read as follows:
20-26 (a) A child may be taken into custody:
20-27 (1) pursuant to an order of the juvenile court under
21-1 the provisions of this subtitle;
21-2 (2) pursuant to the laws of arrest;
21-3 (3) by a law-enforcement officer, including a school
21-4 district peace officer commissioned under Section 21.483, Education
21-5 Code, if there is probable cause <are reasonable grounds> to
21-6 believe that the child has engaged in:
21-7 (A) conduct that violates a penal law of this
21-8 state or a penal ordinance of any political subdivision of this
21-9 state; or
21-10 (B) delinquent conduct or conduct indicating a
21-11 need for supervision; <or>
21-12 (4) by a probation officer if there is probable cause
21-13 <are reasonable grounds> to believe that the child has violated a
21-14 condition of probation imposed by the juvenile court; or
21-15 (5) pursuant to a directive to apprehend issued as
21-16 provided by Section 52.015.
21-17 SECTION 16. Chapter 52, Family Code, is amended by adding
21-18 Section 52.015 to read as follows:
21-19 Sec. 52.015. DIRECTIVE TO APPREHEND. (a) On the request of
21-20 a law-enforcement or probation officer, a juvenile court may issue
21-21 a directive to apprehend a child if the court finds there is
21-22 probable cause to take the child into custody under the provisions
21-23 of this title.
21-24 (b) On the issuance of a directive to apprehend, any
21-25 law-enforcement or probation officer shall take the child into
21-26 custody.
21-27 (c) An order under this section is not subject to appeal.
22-1 SECTION 17. Chapter 52, Family Code, is amended by adding
22-2 Sections 52.027 and 52.028 to read as follows:
22-3 Sec. 52.027. CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
22-4 OFFENSES, OTHER FINEABLE ONLY OFFENSES, OR AS A STATUS OFFENDER.
22-5 (a) A child may be released to the child's parent, guardian,
22-6 custodian, or other responsible adult as provided in Section
22-7 52.02(a)(1) if the child is taken into custody:
22-8 (1) for a traffic offense;
22-9 (2) for an offense other than public intoxication
22-10 punishable by fine only; or
22-11 (3) as a status offender or nonoffender.
22-12 (b) A child described by Subsection (a) must be taken only
22-13 to a place previously designated by the head of the law enforcement
22-14 agency with custody of the child as an appropriate place of
22-15 nonsecure custody for children unless the child:
22-16 (1) is released under Section 52.02(a)(1);
22-17 (2) is taken before a municipal court or justice
22-18 court; or
22-19 (3) for truancy or running away, is taken to a
22-20 juvenile detention facility.
22-21 (c) A place of nonsecure custody for children must be an
22-22 unlocked, multipurpose area. A lobby, office, or interrogation
22-23 room is suitable if the area is not designated, set aside, or used
22-24 as a secure detention area and is not part of a secure detention
22-25 area. A place of nonsecure custody may be a juvenile processing
22-26 office designated under Section 52.025 if the area is not locked
22-27 when it is used as a place of nonsecure custody.
23-1 (d) The following procedures shall be followed in a place of
23-2 nonsecure custody for children:
23-3 (1) a child may not be secured physically to a cuffing
23-4 rail, chair, desk, or other stationary object;
23-5 (2) the child may be held in the nonsecure facility
23-6 only long enough to accomplish the purpose of identification,
23-7 investigation, processing, release to parents, or the arranging of
23-8 transportation to the appropriate juvenile court, juvenile
23-9 detention facility, municipal court, or justice court;
23-10 (3) residential use of the area is prohibited; and
23-11 (4) the child shall be under continuous visual
23-12 supervision by a law enforcement officer or facility staff person
23-13 during the time the child is in nonsecure custody.
23-14 (e) Notwithstanding any other provision of this section, a
23-15 child may not, under any circumstances, be detained in a place of
23-16 nonsecure custody for more than six hours.
23-17 (f) A child taken into custody for a traffic offense or an
23-18 offense, other than public intoxication, punishable by fine only
23-19 may be presented or detained in a detention facility designated by
23-20 the juvenile court under Section 52.02(a)(3) only if:
23-21 (1) the child's non-traffic case is transferred to the
23-22 juvenile court by a municipal court or justice court under Section
23-23 51.08(b); or
23-24 (2) the child is referred to the juvenile court by a
23-25 municipal court or justice court for contempt of court under
23-26 Subsection (h).
23-27 (g) A law enforcement officer may issue a field release
24-1 citation, as provided by Article 14.06, Code of Criminal Procedure,
24-2 in place of taking a child into custody for a traffic offense or an
24-3 offense, other than public intoxication, punishable by fine only.
24-4 (h) A municipal court or justice court may not hold a child
24-5 in contempt for intentionally refusing to obey a lawful order of
24-6 disposition after an adjudication of guilt of a traffic offense or
24-7 other offense punishable by fine only. The municipal court or
24-8 justice court shall instead refer the child to the appropriate
24-9 juvenile court for delinquent conduct for contempt of the municipal
24-10 court or justice court order.
24-11 (i) In this section, "child" means a person who is at least
24-12 10 years of age and younger than 18 years of age and who:
24-13 (1) is charged with or convicted of a traffic offense
24-14 or an offense, other than public intoxication, punishable by fine
24-15 only as a result of an act committed before becoming 17 years of
24-16 age;
24-17 (2) is a status offender and was taken into custody as
24-18 a status offender for conduct engaged in before becoming 17 years
24-19 of age; or
24-20 (3) is a nonoffender and became a nonoffender before
24-21 becoming 17 years of age.
24-22 Sec. 52.028. CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
24-23 JUVENILE CURFEW ORDINANCE OR ORDER. (a) A peace officer taking
24-24 into custody a person under 17 years of age for violation of a
24-25 juvenile curfew ordinance of a municipality or order of the
24-26 commissioners court of a county shall, without unnecessary delay:
24-27 (1) release the person to the person's parent,
25-1 guardian, or custodian;
25-2 (2) take the person before a municipal or justice
25-3 court to answer the charge; or
25-4 (3) take the person to a place designated as a
25-5 juvenile curfew processing office by the head of the law
25-6 enforcement agency having custody of the person.
25-7 (b) A juvenile curfew processing office must observe the
25-8 following procedures:
25-9 (1) the office must be an unlocked, multipurpose area
25-10 that is not designated, set aside, or used as a secure detention
25-11 area or part of a secure detention area;
25-12 (2) the person may not be secured physically to a
25-13 cuffing rail, chair, desk, or stationary object;
25-14 (3) the person may not be held longer than necessary
25-15 to accomplish the purposes of identification, investigation,
25-16 processing, release to parents, guardians, or custodians, and
25-17 arrangement of transportation to school or court;
25-18 (4) a juvenile curfew processing office may not be
25-19 designated or intended for residential purposes;
25-20 (5) the person must be under continuous visual
25-21 supervision by a peace officer or other person during the time the
25-22 person is in the juvenile curfew processing office; and
25-23 (6) a person may not be held in a juvenile curfew
25-24 processing office for more than six hours.
25-25 (c) A place designated under this section as a juvenile
25-26 curfew processing office is not subject to the approval of the
25-27 juvenile board having jurisdiction where the governmental entity is
26-1 located.
26-2 SECTION 18. Sections 52.03(a) and (c), Family Code, are
26-3 amended to read as follows:
26-4 (a) A law-enforcement officer authorized by this title to
26-5 take a child into custody may dispose of the case of a child taken
26-6 into custody without referral to juvenile court, if:
26-7 (1) guidelines for such disposition have been issued
26-8 by the law-enforcement agency in which the officer works;
26-9 (2) the guidelines have been approved by the juvenile
26-10 board <court> of the county in which the disposition is made;
26-11 (3) the disposition is authorized by the guidelines;
26-12 and
26-13 (4) the officer makes a written report of his
26-14 disposition to the law-enforcement agency, identifying the child
26-15 and specifying the grounds for believing that the taking into
26-16 custody was authorized.
26-17 (c) A disposition authorized by this section may involve:
26-18 (1) referral of the child to an agency other than the
26-19 juvenile court; <or>
26-20 (2) a brief conference with the child and his parent,
26-21 guardian, or custodian; or
26-22 (3) referral of the child and the child's parent,
26-23 guardian, or custodian for services under Section 264.302.
26-24 SECTION 19. Chapter 52, Family Code, is amended by adding
26-25 Section 52.031 to read as follows:
26-26 Sec. 52.031. FIRST OFFENDER PROGRAM. (a) A juvenile board
26-27 may establish a first offender program under this section for the
27-1 referral and disposition of children taken into custody for:
27-2 (1) conduct indicating a need for supervision; or
27-3 (2) delinquent conduct other than conduct that
27-4 constitutes:
27-5 (A) a felony of the first, second, or third
27-6 degree, an aggravated controlled substance felony, or a capital
27-7 felony; or
27-8 (B) a state jail felony or misdemeanor involving
27-9 violence to a person or the use or possession of a firearm, illegal
27-10 knife, or club, as those terms are defined by Section 46.01, Penal
27-11 Code, or a prohibited weapon, as described by Section 46.05, Penal
27-12 Code.
27-13 (b) Each juvenile board in the county in which a first
27-14 offender program is established shall designate one or more law
27-15 enforcement officers and agencies, which may be law enforcement
27-16 agencies, to process a child under the first offender program.
27-17 (c) The disposition of a child under the first offender
27-18 program may not take place until:
27-19 (1) guidelines for the disposition have been issued by
27-20 the agency designated under Subsection (b); and
27-21 (2) the juvenile board has approved the guidelines.
27-22 (d) A law enforcement officer taking a child into custody
27-23 may refer the child to the law enforcement officer or agency
27-24 designated under Subsection (b) for disposition under the first
27-25 offender program and not refer the child to juvenile court only if:
27-26 (1) the child has not previously been adjudicated as
27-27 having engaged in delinquent conduct;
28-1 (2) the referral complies with guidelines for
28-2 disposition under Subsection (c); and
28-3 (3) the officer reports in writing the referral to the
28-4 agency, identifying the child and specifying the grounds for taking
28-5 the child into custody.
28-6 (e) A child referred for disposition under the first
28-7 offender program may not be detained in law enforcement custody.
28-8 (f) The parent, guardian, or other custodian of the child
28-9 must receive notice that the child has been referred for
28-10 disposition under the first offender program. The notice must:
28-11 (1) state the grounds for taking the child into
28-12 custody;
28-13 (2) identify the law enforcement officer or agency to
28-14 which the child was referred;
28-15 (3) briefly describe the nature of the program; and
28-16 (4) state that the child's failure to complete the
28-17 program will result in the child being referred to the juvenile
28-18 court.
28-19 (g) The child and the parent, guardian, or other custodian
28-20 of the child must consent to participation by the child in the
28-21 first offender program.
28-22 (h) Disposition under a first offender program may include:
28-23 (1) voluntary restitution by the child or the parent,
28-24 guardian, or other custodian of the child to the victim of the
28-25 conduct of the child;
28-26 (2) voluntary community service restitution by the
28-27 child;
29-1 (3) educational, vocational training, counseling, or
29-2 other rehabilitative services; and
29-3 (4) periodic reporting by the child to the law
29-4 enforcement officer or agency to which the child has been referred.
29-5 (i) The case of a child who successfully completes the first
29-6 offender program is closed and may not be referred to juvenile
29-7 court, unless the child is taken into custody under circumstances
29-8 described by Subsection (j)(3).
29-9 (j) The case of a child referred for disposition under the
29-10 first offender program shall be referred to juvenile court if:
29-11 (1) the child fails to complete the program;
29-12 (2) the child or the parent, guardian, or other
29-13 custodian of the child terminates the child's participation in the
29-14 program before the child completes it; or
29-15 (3) the child completes the program but is taken into
29-16 custody under Section 52.01 before the 90th day after the date the
29-17 child completes the program for conduct other than the conduct for
29-18 which the child was referred to the first offender program.
29-19 (k) A statement made by a child to a person giving advice or
29-20 supervision or participating in the first offender program may not
29-21 be used against the child in any proceeding under this title or any
29-22 criminal proceeding.
29-23 (l) The law enforcement agency must report to the juvenile
29-24 board in December of each year the following:
29-25 (1) the last known address of the child, including the
29-26 census tract;
29-27 (2) the gender and ethnicity of the child referred to
30-1 the program; and
30-2 (3) the offense committed by the child.
30-3 SECTION 20. Chapter 52, Family Code, is amended by adding
30-4 Section 52.041 to read as follows:
30-5 Sec. 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER
30-6 EXPULSION. (a) A school district that expels a child shall refer
30-7 the child to juvenile court in the county in which the child
30-8 resides.
30-9 (b) The board of the school district or a person designated
30-10 by the board shall deliver a copy of the order expelling the
30-11 student and any other information required by Section 52.04 on or
30-12 before the second working day after the date of the expulsion
30-13 hearing to the authorized officer of the juvenile court.
30-14 SECTION 21. Section 53.01, Family Code, is amended by
30-15 amending Subsections (a) and (b) and adding Subsections (d)-(f) to
30-16 read as follows:
30-17 (a) On referral of a person believed to be a child or on
30-18 referral of the person's <a child's> case to the office or official
30-19 designated by the juvenile court, the intake officer, probation
30-20 officer, or other person authorized by the court shall conduct a
30-21 preliminary investigation to determine whether:
30-22 (1) the person referred to juvenile court is a child
30-23 within the meaning of this title; and
30-24 (2) there is probable cause to believe the person
30-25 <child> engaged in delinquent conduct or conduct indicating a need
30-26 for supervision<; and>
30-27 <(3) further proceedings in the case are in the
31-1 interest of the child or the public>.
31-2 (b) If it is determined that the person is not a child<,> or
31-3 there is no probable cause, <or further proceedings are not
31-4 warranted,> the person <child> shall immediately be released <and
31-5 proceedings terminated>.
31-6 (d) Unless the juvenile board approves a written procedure
31-7 proposed by the office of prosecuting attorney and chief juvenile
31-8 probation officer which provides otherwise, if it is determined
31-9 that the person is a child and, regardless of a finding of probable
31-10 cause, or a lack thereof, there is an allegation that the child
31-11 engaged in delinquent conduct of the grade of felony, or conduct
31-12 constituting a misdemeanor offense involving violence to a person
31-13 or the use or possession of a firearm, illegal knife, or club, as
31-14 those terms are defined by Section 46.01, Penal Code, or prohibited
31-15 weapon, as described by Section 46.05, Penal Code, the case shall
31-16 be promptly forwarded to the office of the prosecuting attorney,
31-17 accompanied by:
31-18 (1) all documents that accompanied the current
31-19 referral; and
31-20 (2) a summary of all prior referrals of the child to
31-21 the juvenile court, juvenile probation department, or juvenile
31-22 detention facility.
31-23 (e) If a juvenile board adopts an alternative referral plan
31-24 under Subsection (d), the board shall register the plan with the
31-25 Texas Juvenile Probation Commission.
31-26 (f) A juvenile board may not adopt an alternate referral
31-27 plan that does not require the forwarding of a child's case to the
32-1 prosecuting attorney as provided by Subsection (d) if probable
32-2 cause exists to believe that the child engaged in delinquent
32-3 conduct that violates Section 19.03, Penal Code (capital murder),
32-4 or Section 19.02, Penal Code (murder).
32-5 SECTION 22. Chapter 53, Family Code, is amended by adding
32-6 Sections 53.012 and 53.013 to read as follows:
32-7 Sec. 53.012. REVIEW BY PROSECUTOR. (a) The prosecuting
32-8 attorney shall promptly review the circumstances and allegations of
32-9 a referral made under Section 53.01 for legal sufficiency and the
32-10 desirability of prosecution and may file a petition without regard
32-11 to whether probable cause was found under Section 53.01.
32-12 (b) If the prosecuting attorney does not file a petition
32-13 requesting the adjudication of the child referred to the
32-14 prosecuting attorney, the prosecuting attorney shall:
32-15 (1) terminate all proceedings, if the reason is for
32-16 lack of probable cause; or
32-17 (2) return the referral to the juvenile probation
32-18 department for further proceedings.
32-19 (c) The juvenile probation department shall promptly refer a
32-20 child who has been returned to the department under Subsection
32-21 (b)(2) and who fails or refuses to participate in a program of the
32-22 department to the prosecuting attorney for review of the child's
32-23 case and determination of whether to file a petition.
32-24 Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. Each juvenile
32-25 board may adopt a progressive sanctions program using the
32-26 guidelines for progressive sanctions in Chapter 59.
32-27 SECTION 23. Section 53.02, Family Code, is amended by
33-1 amending Subsection (b) and adding Subsection (d) to read as
33-2 follows:
33-3 (b) A child taken into custody may be detained prior to
33-4 hearing on the petition only if:
33-5 (1) he is likely to abscond or be removed from the
33-6 jurisdiction of the court;
33-7 (2) suitable supervision, care, or protection for him
33-8 is not being provided by a parent, guardian, custodian, or other
33-9 person;
33-10 (3) he has no parent, guardian, custodian, or other
33-11 person able to return him to the court when required;
33-12 (4) he <is accused of committing a felony offense and>
33-13 may be dangerous to himself or he may threaten the safety of the
33-14 public <others> if released; or
33-15 (5) he has previously been found to be a delinquent
33-16 child or has previously been convicted of a penal offense
33-17 punishable by a term in jail or prison and is likely to commit an
33-18 offense if released.
33-19 (d) A release of a child to an adult under Subsection (a)
33-20 must be conditioned on the agreement of the adult to be subject to
33-21 the jurisdiction of the juvenile court and to an order of contempt
33-22 by the court if the adult, after notification, is unable to produce
33-23 the child at later proceedings.
33-24 SECTION 24. Section 53.03, Family Code, is amended to read
33-25 as follows:
33-26 Sec. 53.03. DEFERRED PROSECUTION <INTAKE CONFERENCE AND
33-27 ADJUSTMENT>. (a) Subject to Subsection (e), if <If> the
34-1 preliminary investigation required by Section 53.01 of this code
34-2 results in a determination that further proceedings in the case are
34-3 authorized <and warranted>, the probation officer or other
34-4 designated officer of the court, subject to the direction of the
34-5 juvenile court, may advise the parties for a reasonable period of
34-6 time not to exceed six months concerning deferred prosecution <an
34-7 informal adjustment> and <voluntary> rehabilitation of a child if:
34-8 (1) deferred prosecution <advice without a court
34-9 hearing> would be in the interest of the public and the child;
34-10 (2) the child and his parent, guardian, or custodian
34-11 consent with knowledge that consent is not obligatory; and
34-12 (3) the child and his parent, guardian, or custodian
34-13 are informed that they may terminate the deferred prosecution
34-14 <adjustment process> at any point and petition the court for a
34-15 court hearing in the case.
34-16 (b) Except as otherwise permitted by this title, the child
34-17 may not be detained during or as a result of the deferred
34-18 prosecution <adjustment> process.
34-19 (c) An incriminating statement made by a participant to the
34-20 person giving advice and in the discussions or conferences incident
34-21 thereto may not be used against the declarant in any court hearing.
34-22 (d) <An informal adjustment authorized by this section may
34-23 involve:>
34-24 <(1) voluntary restitution by the child or his parent
34-25 to the victim of an offense; or>
34-26 <(2) voluntary community service restitution by the
34-27 child.>
35-1 <(e)> The court may adopt a fee schedule for deferred
35-2 prosecution <informal adjustment> services and rules for the waiver
35-3 of a fee for financial hardship in accordance with guidelines that
35-4 the Texas Juvenile Probation Commission shall provide. The maximum
35-5 fee is $15 a month. If the court adopts a schedule and rules for
35-6 waiver, the probation officer or other designated officer of the
35-7 court shall collect the fee authorized by the schedule from the
35-8 parent, guardian, or custodian of a child for whom a deferred
35-9 prosecution <an informal adjustment> is authorized under this
35-10 section or waive the fee in accordance with the rules adopted by
35-11 the court. The officer shall deposit the fees received under this
35-12 section in the county treasury to the credit of a special fund that
35-13 may be used only for juvenile probation or community-based juvenile
35-14 corrections services or facilities in which a juvenile may be
35-15 required to live while under court supervision. If the court does
35-16 not adopt a schedule and rules for waiver, a fee for deferred
35-17 prosecution <informal adjustment> services may not be imposed.
35-18 (e) A prosecuting attorney may defer prosecution for any
35-19 child. A probation officer or other designated officer of the
35-20 court:
35-21 (1) may not defer prosecution for a child for a case
35-22 that is required to be forwarded to the prosecuting attorney under
35-23 Section 53.01(d); and
35-24 (2) may defer prosecution for a child who has
35-25 previously been adjudicated for conduct that constitutes a felony
35-26 only if the prosecuting attorney consents in writing.
35-27 (f) The probation officer or other officer designated by the
36-1 court supervising a program of deferred prosecution for a child
36-2 under this section shall report to the juvenile court any violation
36-3 by the child of the program.
36-4 SECTION 25. Section 53.04(d), Family Code, is amended to
36-5 read as follows:
36-6 (d) The petition must state:
36-7 (1) with reasonable particularity the time, place, and
36-8 manner of the acts alleged and the penal law or standard of conduct
36-9 allegedly violated by the acts;
36-10 (2) the name, age, and residence address, if known, of
36-11 the child who is the subject of the petition;
36-12 (3) the names and residence addresses, if known, of
36-13 the parent, guardian, or custodian of the child and of the child's
36-14 spouse, if any; <and>
36-15 (4) if the child's parent, guardian, or custodian does
36-16 not reside or cannot be found in the state, or if their places of
36-17 residence are unknown, the name and residence address of any known
36-18 adult relative residing in the county or, if there is none, the
36-19 name and residence address of the known adult relative residing
36-20 nearest to the location of the court; and
36-21 (5) if the child is alleged to have engaged in
36-22 habitual felony conduct, the previous adjudications in which the
36-23 child was found to have engaged in conduct violating penal laws of
36-24 the grade of felony.
36-25 SECTION 26. The heading of Section 53.045, Family Code, is
36-26 amended to read as follows:
36-27 Sec. 53.045. VIOLENT OR HABITUAL OFFENDERS <REFERRAL TO
37-1 GRAND JURY>.
37-2 SECTION 27. Sections 53.045(a) and (e), Family Code, are
37-3 amended to read as follows:
37-4 (a) Except as provided by Subsection (e) of this section,
37-5 the prosecuting attorney may refer the petition to the grand jury
37-6 of the county in which the court in which the petition is filed
37-7 presides if the petition alleges that the child engaged in
37-8 delinquent conduct that constitutes habitual felony conduct as
37-9 described by Section 51.031 or that included the violation of any
37-10 of the following provisions <of the Penal Code>:
37-11 (1) Section 19.02, Penal Code (murder);
37-12 (2) Section 19.03, Penal Code (capital murder);
37-13 (3) Section 20.04, Penal Code (aggravated kidnapping);
37-14 (4) Section 22.011, Penal Code (sexual assault) or
37-15 Section 22.021, Penal Code (aggravated sexual assault);
37-16 (5) Section 22.02, Penal Code (aggravated assault)
37-17 <22.03 (deadly assault on a law-enforcement officer, corrections
37-18 officer, or court participant)>; <or>
37-19 (6) Section 29.03, Penal Code (aggravated robbery);
37-20 (7) Section 22.04, Penal Code (injury to a child,
37-21 elderly individual, or disabled individual), if the offense is
37-22 punishable as a felony, other than a state jail felony;
37-23 (8) Section 22.05(b), Penal Code (felony deadly
37-24 conduct involving discharging a firearm);
37-25 (9) Subchapter D, Chapter 481, Health and Safety Code,
37-26 if the conduct constitutes a felony of the first degree or an
37-27 aggravated controlled substance felony (certain offenses involving
38-1 controlled substances);
38-2 (10) Section 15.03, Penal Code (criminal
38-3 solicitation);
38-4 (11) Section 21.11(a)(1), Penal Code (indecency with a
38-5 child);
38-6 (12) Section 15.031, Penal Code (criminal solicitation
38-7 of a minor); or
38-8 (13) Section 15.01, Penal Code (criminal attempt), if
38-9 the offense attempted was an offense under Section 19.02, Penal
38-10 Code (murder) or Section 19.03, Penal Code (capital murder), or an
38-11 offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
38-12 Procedure.
38-13 (e) The prosecuting attorney may not refer a petition that
38-14 alleges the child engaged in conduct that violated Section
38-15 22.011(a)(2), Penal Code, or Sections 22.021(a)(1)(B) and (2)(B),
38-16 Penal Code, unless the child is more than three <two> years older
38-17 than the victim of the conduct.
38-18 SECTION 28. Section 53.05(b), Family Code, is amended to
38-19 read as follows:
38-20 (b) The time set for the hearing shall not be later than 10
38-21 working days after the day the petition was filed if:
38-22 (1) the child is in detention; or
38-23 (2) the child will be taken into custody under Section
38-24 53.06(d) of this code.
38-25 SECTION 29. Section 53.06(c), Family Code, is amended to
38-26 read as follows:
38-27 (c) The court may endorse on the summons an order <directing
39-1 the parent, guardian, or custodian of the child to appear
39-2 personally at the hearing and> directing the person having the
39-3 physical custody or control of the child to bring the child to the
39-4 hearing. A person who violates an order entered under this
39-5 subsection may be proceeded against under Section 53.08 or 54.07 of
39-6 this code.
39-7 SECTION 30. Chapter 53, Family Code, is amended by adding
39-8 Section 53.08 to read as follows:
39-9 Sec. 53.08. WRIT OF ATTACHMENT. (a) The juvenile court may
39-10 issue a writ of attachment for a person who violates an order
39-11 entered under Section 53.06(c).
39-12 (b) A writ of attachment issued under this section is
39-13 executed in the same manner as in a criminal proceeding as provided
39-14 by Chapter 24, Code of Criminal Procedure.
39-15 SECTION 31. Section 54.01, Family Code, is amended by
39-16 amending Subsections (h) and (l) and adding Subsections (n) and (o)
39-17 to read as follows:
39-18 (h) A detention order extends to the conclusion of the
39-19 disposition hearing, if there is one, but in no event for more than
39-20 10 working days. Further detention orders may be made following
39-21 subsequent detention hearings. The initial detention hearing may
39-22 not be waived but subsequent <Subsequent> detention hearings may be
39-23 waived in accordance with the requirements of Section 51.09 of this
39-24 code. Each subsequent<, but each> detention order shall extend for
39-25 no more than 10 working days.
39-26 (l) The juvenile board or, if there is none, the juvenile
39-27 court, may appoint a referee to conduct the detention hearing. The
40-1 referee shall be an attorney licensed to practice law in this
40-2 state. Such payment or additional payment as may be warranted for
40-3 referee services shall be provided from county funds. Before
40-4 commencing the detention hearing, the referee shall inform the
40-5 parties who have appeared that they are entitled to have the
40-6 hearing before the juvenile court judge or a substitute judge
40-7 authorized by Section 51.04(f) of this code. If a party objects to
40-8 the referee conducting the detention hearing, an authorized judge
40-9 shall conduct the hearing within 24 hours. At the conclusion of
40-10 the hearing, the referee shall transmit written findings and
40-11 recommendations to the juvenile court judge or substitute judge.
40-12 The juvenile court judge or substitute judge shall adopt, modify,
40-13 or reject the referee's recommendations not later than the next
40-14 working day after the day that the judge receives the
40-15 recommendations <within 24 hours>. Failure to act within that time
40-16 results in release of the child by operation of law. A
40-17 recommendation that the child be released operates to secure his
40-18 immediate release, subject to the power of the juvenile court judge
40-19 or substitute judge to reject or modify that recommendation. The
40-20 effect of an order detaining a child shall be computed from the
40-21 time of the hearing before the referee.
40-22 (n) An attorney appointed by the court under Section
40-23 51.10(c) because a determination was made under this section to
40-24 detain a child who was not represented by an attorney may request
40-25 on behalf of the child and is entitled to a de novo detention
40-26 hearing under this section. The attorney must make the request not
40-27 later than the 10th working day after the date the attorney is
41-1 appointed. The hearing must take place not later than the second
41-2 working day after the date the attorney filed a formal request with
41-3 the court for a hearing.
41-4 (o) The court or referee shall find whether there is
41-5 probable cause to believe that a child taken into custody without
41-6 an arrest warrant or a directive to apprehend has engaged in
41-7 delinquent conduct or conduct indicating a need for supervision.
41-8 The court or referee must make the finding within 48 hours,
41-9 including weekends and holidays, of the time the child was taken
41-10 into custody. The court or referee may make the finding on any
41-11 reasonably reliable information without regard to admissibility of
41-12 that information under the Texas Rules of Criminal Evidence. A
41-13 finding of probable cause is required to detain a child after the
41-14 48th hour after the time the child was taken into custody. If a
41-15 court or referee finds probable cause, additional findings of
41-16 probable cause are not required in the same cause to authorize
41-17 further detention.
41-18 SECTION 32. Chapter 54, Family Code, is amended by adding
41-19 Section 54.011 to read as follows:
41-20 Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND
41-21 NONOFFENDERS. (a) The detention hearing for a status offender or
41-22 nonoffender who has not been released administratively under
41-23 Section 53.02 shall be held before the 24th hour after the time the
41-24 child arrived at the designated detention facility, excluding hours
41-25 of a weekend or a holiday. Except as otherwise provided by this
41-26 section, the judge or referee conducting the detention hearing
41-27 shall release the status offender or nonoffender from secure
42-1 detention.
42-2 (b) The judge or referee may order a child in detention
42-3 accused of the violation of a valid court order as defined by
42-4 Section 51.02 detained not longer than 72 hours after the time the
42-5 detention order was entered, excluding weekends and holidays, if:
42-6 (1) the judge or referee finds at the detention
42-7 hearing that there is probable cause to believe the child violated
42-8 the valid court order; and
42-9 (2) the detention of the child is justified under
42-10 Section 54.01(e)(1), (2), or (3).
42-11 (c) Except as provided by Subsection (d), a detention order
42-12 entered under Subsection (b) may be extended for one additional
42-13 72-hour period, excluding weekends and holidays, only on a finding
42-14 of good cause by the juvenile court.
42-15 (d) A detention order for a child under this section may be
42-16 extended on the demand of the child's attorney only to allow the
42-17 time that is necessary to comply with the requirements of Section
42-18 51.10(h), entitling the attorney to 10 days to prepare for an
42-19 adjudication hearing.
42-20 (e) A status offender may be detained for a necessary
42-21 period, not to exceed five days, to enable the child's return to
42-22 the child's home in another state under Chapter 60.
42-23 SECTION 33. Chapter 54, Family Code, is amended by adding
42-24 Section 54.012 to read as follows:
42-25 Sec. 54.012. INTERACTIVE VIDEO RECORDING OF DETENTION
42-26 HEARING. (a) A detention hearing under Section 54.01, other than
42-27 the first detention hearing, may be held using interactive video
43-1 equipment if:
43-2 (1) the child and the child's attorney agree to the
43-3 video hearing; and
43-4 (2) the parties to the proceeding have the opportunity
43-5 to cross-examine witnesses.
43-6 (b) A detention hearing may not be held using video
43-7 equipment unless the video equipment for the hearing provides for a
43-8 two-way communication of image and sound among the child, the
43-9 court, and other parties at the hearing.
43-10 (c) A recording of the communications shall be made. The
43-11 recording shall be preserved until the earlier of:
43-12 (1) the 91st day after the date on which the recording
43-13 is made if the child is alleged to have engaged in conduct
43-14 constituting a misdemeanor;
43-15 (2) the 120th day after the date on which the
43-16 recording is made if the child is alleged to have engaged in
43-17 conduct constituting a felony; or
43-18 (3) the date on which the adjudication hearing ends.
43-19 (d) An attorney for the child may obtain a copy of the
43-20 recording on payment of the reasonable costs of reproducing the
43-21 copy.
43-22 SECTION 34. Section 54.02, Family Code, is amended by
43-23 amending Subsections (a), (f), (g), (h), (i), and (j) and adding
43-24 Subsections (m) and (n) to read as follows:
43-25 (a) The juvenile court may waive its exclusive original
43-26 jurisdiction and transfer a child to the appropriate district court
43-27 or criminal district court for criminal proceedings if:
44-1 (1) the child is alleged to have violated a penal law
44-2 of the grade of felony;
44-3 (2) the child was:
44-4 (A) 14 <15> years of age or older at the time he
44-5 is alleged to have committed the offense, if the offense is a
44-6 capital felony, an aggravated controlled substance felony, or a
44-7 felony of the first degree, and no adjudication hearing has been
44-8 conducted concerning that offense; or
44-9 (B) 15 years of age or older at the time the
44-10 child is alleged to have committed the offense, if the offense is a
44-11 felony of the second or third degree or a state jail felony, and no
44-12 adjudication hearing has been conducted concerning that offense;
44-13 and
44-14 (3) after a full investigation and a hearing, the
44-15 juvenile court determines that there is probable cause to believe
44-16 that the child before the court committed the offense alleged and
44-17 that because of the seriousness of the offense alleged or the
44-18 background of the child the welfare of the community requires
44-19 criminal proceedings.
44-20 (f) In making the determination required by Subsection (a)
44-21 of this section, the court shall consider, among other matters:
44-22 (1) whether the alleged offense was against person or
44-23 property, with greater weight in favor of transfer given to
44-24 offenses against the person;
44-25 (2) <whether the alleged offense was committed in an
44-26 aggressive and premeditated manner;>
44-27 <(3) whether there is evidence on which a grand jury
45-1 may be expected to return an indictment;>
45-2 <(4)> the sophistication and maturity of the child;
45-3 (3) <(5)> the record and previous history of the
45-4 child; and
45-5 (4) <(6)> the prospects of adequate protection of the
45-6 public and the likelihood of the rehabilitation of the child by use
45-7 of procedures, services, and facilities currently available to the
45-8 juvenile court.
45-9 (g) If the petition alleges multiple offenses that
45-10 constitute more than one criminal transaction, the juvenile court
45-11 shall either retain or transfer all offenses relating to a single
45-12 transaction. A <juvenile court retains jurisdiction, the> child
45-13 is not subject to criminal prosecution at any time for any offense
45-14 arising out of a criminal transaction for which the juvenile court
45-15 retains jurisdiction <alleged in the petition or for any offense
45-16 within the knowledge of the juvenile court judge as evidenced by
45-17 anything in the record of the proceedings>.
45-18 (h) If the juvenile court waives jurisdiction, it shall
45-19 state specifically in the order its reasons for waiver and certify
45-20 its action, including the written order and findings of the court,
45-21 and shall transfer the person <child> to the appropriate court for
45-22 criminal proceedings. On transfer of the person <child> for
45-23 criminal proceedings, the person <he> shall be dealt with as an
45-24 adult and in accordance with the Code of Criminal Procedure. The
45-25 transfer of custody is an arrest. <The court to which the child is
45-26 transferred shall determine if good cause exists for an examining
45-27 trial. If there is no good cause for an examining trial, the court
46-1 shall refer the case to the grand jury. If there is good cause for
46-2 an examining trial, the court shall conduct an examining trial and
46-3 may remand the child to the jurisdiction of the juvenile court.>
46-4 (i) A waiver under this section is a waiver of jurisdiction
46-5 over the child and the criminal court may not remand the child to
46-6 the jurisdiction of the juvenile court. <If the child's case is
46-7 brought to the attention of the grand jury and the grand jury does
46-8 not indict for the offense charged in the complaint forwarded by
46-9 the juvenile court, the district court or criminal district court
46-10 shall certify the grand jury's failure to indict to the juvenile
46-11 court. On receipt of the certification, the juvenile court may
46-12 resume jurisdiction of the case.>
46-13 (j) The juvenile court may waive its exclusive original
46-14 jurisdiction and transfer a person to the appropriate district
46-15 court or criminal district court for criminal proceedings if:
46-16 (1) the person is 18 years of age or older;
46-17 (2) the person was:
46-18 (A) 14 <15> years of age or older and under 17
46-19 years of age at the time he is alleged to have committed a capital
46-20 felony, an aggravated controlled substance felony, or a felony of
46-21 the first degree; or
46-22 (B) 15 years of age or older and under 17 years
46-23 of age at the time the person is alleged to have committed a felony
46-24 of the second or third degree or a state jail felony;
46-25 (3) no adjudication concerning the alleged offense has
46-26 been made or no adjudication hearing concerning the offense has
46-27 been conducted;
47-1 (4) the juvenile court finds from a preponderance of
47-2 the evidence that:
47-3 (A) for a reason beyond the control of the state
47-4 it was not practicable to proceed in juvenile court before the 18th
47-5 birthday of the person; or
47-6 (B) after due diligence of the state it was not
47-7 practicable to proceed in juvenile court before the 18th birthday
47-8 of the person because:
47-9 (i) <(A)> the state did not have probable
47-10 cause to proceed in juvenile court and new evidence has been found
47-11 since the 18th birthday of the person; <or>
47-12 (ii) <(B)> the person could not be found;
47-13 or
47-14 (iii) a previous transfer order was
47-15 reversed by an appellate court or set aside by a district court;
47-16 and
47-17 (5) the juvenile court determines that there is
47-18 probable cause to believe that the child before the court committed
47-19 the offense alleged.
47-20 (m) Notwithstanding any other provision of this section, the
47-21 juvenile court shall waive its exclusive original jurisdiction and
47-22 transfer a child to the appropriate district court or criminal
47-23 court for criminal proceedings if:
47-24 (1) the child has previously been transferred to a
47-25 district court or criminal district court for criminal proceedings
47-26 under this section, unless:
47-27 (A) the child was not indicted in the matter
48-1 transferred by the grand jury;
48-2 (B) the child was found not guilty in the matter
48-3 transferred;
48-4 (C) the matter transferred was dismissed with
48-5 prejudice; or
48-6 (D) the child was convicted in the matter
48-7 transferred, the conviction was reversed on appeal, and the appeal
48-8 is final; and
48-9 (2) the child is alleged to have violated a penal law
48-10 of the grade of felony.
48-11 (n) A mandatory transfer under Subsection (m) may be made
48-12 without conducting the study required in discretionary transfer
48-13 proceedings by Subsection (d). The requirements of Subsection (b)
48-14 that the summons state that the purpose of the hearing is to
48-15 consider discretionary transfer to criminal court does not apply to
48-16 a transfer proceeding under Subsection (m). In a proceeding under
48-17 Subsection (m), it is sufficient that the summons provide fair
48-18 notice that the purpose of the hearing is to consider mandatory
48-19 transfer to criminal court.
48-20 SECTION 35. Section 54.021, Family Code, is amended to read
48-21 as follows:
48-22 Sec. 54.021. JUSTICE OR MUNICIPAL COURT: TRUANCY. (a) The
48-23 juvenile court may waive its exclusive original jurisdiction and
48-24 transfer a child to an appropriate justice or municipal court, with
48-25 the permission of the justice or municipal court, for disposition
48-26 in the manner provided by Subsection (b) of this section if the
48-27 child is alleged to have engaged in conduct described in Section
49-1 51.03(b)(2) of this code. A waiver of jurisdiction under this
49-2 subsection may be for an individual case or for all cases in which
49-3 a child is alleged to have engaged in conduct described in Section
49-4 51.03(b)(2) of this code. The waiver of a juvenile court's
49-5 exclusive original jurisdiction for all cases in which a child is
49-6 alleged to have engaged in conduct described in Section 51.03(b)(2)
49-7 of this code is effective for a period of one year.
49-8 (b) A justice or municipal court may exercise jurisdiction
49-9 over a person <child> alleged to have engaged in conduct indicating
49-10 a need for supervision by engaging in conduct described in Section
49-11 51.03(b)(2) in a case where the juvenile court has waived its
49-12 original jurisdiction under this section. A justice or municipal
49-13 court may exercise jurisdiction under this section without regard
49-14 to whether the justice of the peace or municipal judge for the
49-15 court is a licensed attorney or the hearing for a case is before a
49-16 jury consisting of six persons.
49-17 (c) On a finding that a person <child> has engaged in
49-18 conduct described by Section 51.03(b)(2), the justice or municipal
49-19 court shall enter an order appropriate to the nature of the
49-20 conduct.
49-21 (d) On a finding by the justice or municipal court that the
49-22 person <child> has engaged in truant conduct and that the conduct
49-23 is of a recurrent nature, the court has jurisdiction to <may> enter
49-24 an order that includes one or more of the following provisions
49-25 requiring that:
49-26 (1) the person <child> attend a preparatory class for
49-27 the high school equivalency examination provided under Section
50-1 11.35, Education Code, if the court determines that the person
50-2 <child> is too old to do well in a formal classroom environment;
50-3 (2) the person <child> attend a special program that
50-4 the court determines to be in the best interests of the person
50-5 <child>, including an alcohol and drug abuse program;
50-6 (3) the person <child> and the person's <child's>
50-7 parents, managing conservator, or guardian attend a class for
50-8 students at risk of dropping out of school designed for both the
50-9 person <child> and the person's <child's> parents, managing
50-10 conservator, or guardian;
50-11 (4) the person <child> complete reasonable community
50-12 service requirements;
50-13 (5) the person's <child's> driver's license be
50-14 suspended in the manner provided by Section 54.042 of this code;
50-15 (6) the person <child> attend school without unexcused
50-16 absences; or
50-17 (7) the person <child> participate in a tutorial
50-18 program provided by the school attended by the person <child> in
50-19 the academic subjects in which the person <child> is enrolled for a
50-20 total number of hours ordered by the court.
50-21 (e) An order under Subsection (d)(3) that requires the
50-22 parent, managing conservator, or guardian of a person to attend a
50-23 class for students at risk of dropping out of school <(d) of this
50-24 section> is enforceable in the justice court by contempt.
50-25 (f) A school attendance officer may refer a person <child>
50-26 alleged to have engaged in conduct described in Section 51.03(b)(2)
50-27 of this code to the justice court in the precinct where the person
51-1 <child> resides or in the precinct where the person's <child's>
51-2 school is located if the juvenile court having exclusive original
51-3 jurisdiction has waived its jurisdiction as provided by Subsection
51-4 (a) of this section for all cases involving conduct described by
51-5 Section 51.03(b)(2) of this code.
51-6 (g) A court having jurisdiction under this section shall
51-7 endorse on the summons issued to the parent, guardian, or custodian
51-8 of the person <child> who is the subject of the hearing an order
51-9 directing the parent, guardian, or custodian to appear personally
51-10 at the hearing and directing the person having custody of the
51-11 person <child> to bring the person <child> to the hearing.
51-12 (h) A person commits an offense if the person is a parent,
51-13 guardian, or custodian who fails to attend a hearing under this
51-14 section after receiving notice under Subsection (g) of this section
51-15 that the person's attendance was required. An offense under this
51-16 subsection is a Class C misdemeanor.
51-17 SECTION 36. Chapter 54, Family Code, is amended by adding
51-18 Section 54.022 to read as follows:
51-19 Sec. 54.022. JUSTICE OR MUNICIPAL COURT: CERTAIN
51-20 MISDEMEANORS. (a) On a finding by a justice or municipal court
51-21 that a child committed a misdemeanor offense punishable by fine
51-22 only other than a traffic offense or public intoxication or
51-23 committed a violation of a penal ordinance of a political
51-24 subdivision other than a traffic offense, the court has
51-25 jurisdiction to enter an order:
51-26 (1) referring the child or the child's parents,
51-27 managing conservators, or guardians for services under Section
52-1 264.302; or
52-2 (2) requiring that the child attend a special program
52-3 that the court determines to be in the best interest of the child
52-4 and that is approved by the county commissioners court, including a
52-5 rehabilitation, counseling, self-esteem and leadership, work and
52-6 job skills training, job interviewing and work preparation,
52-7 self-improvement, parenting, manners, violence avoidance, tutoring,
52-8 sensitivity training, parental responsibility, community service,
52-9 restitution, advocacy, or mentoring program.
52-10 (b) On a finding by a justice or municipal court that a
52-11 child committed an offense described by Subsection (a) and that the
52-12 child has previously been convicted of an offense described by
52-13 Subsection (a), the court has the jurisdiction to enter an order
52-14 that includes one or more of the following provisions, in addition
52-15 to the provisions under Subsection (a), requiring that:
52-16 (1) the child attend a special program that the court
52-17 determines to be in the best interest of the child and that is
52-18 approved by the county commissioners court;
52-19 (2) the child's parents, managing conservator, or
52-20 guardian attend a parenting class or parental responsibility
52-21 program if the court finds the parent, managing conservator, or
52-22 guardian, by wilful act or omission, contributed to, caused, or
52-23 encouraged the child's conduct; or
52-24 (3) the child and the child's parents, managing
52-25 conservator, or guardian attend the child's school classes or
52-26 functions if the court finds the parent, managing conservator, or
52-27 guardian, by wilful act or omission, contributed to, caused, or
53-1 encouraged the child's conduct.
53-2 (c) The justice or municipal court may order the parents,
53-3 managing conservator, or guardian of a child required to attend a
53-4 program under Subsection (a) or (b) to pay an amount not greater
53-5 than $100 to pay for the costs of the program.
53-6 (d) A justice or municipal court may require a child,
53-7 parent, managing conservator, or guardian required to attend a
53-8 program, class, or function under this section to submit proof of
53-9 attendance to the court.
53-10 (e) A justice or municipal court shall endorse on the
53-11 summons issued to a parent, managing conservator, or a guardian an
53-12 order to appear personally at the hearing with the child.
53-13 (f) An order under this section involving a child is
53-14 enforceable under Section 51.03(a)(3) by referral to the juvenile
53-15 court.
53-16 (g) Any other order under this section is enforceable by the
53-17 justice or municipal court by contempt.
53-18 SECTION 37. Section 54.03(d), Family Code, is amended to
53-19 read as follows:
53-20 (d) Except as provided by Section 54.031 of this chapter,
53-21 only material, relevant, and competent evidence in accordance with
53-22 the Texas Rules of Criminal Evidence and Chapter 38, Code of
53-23 Criminal Procedure, <requirements for the trial of civil cases> may
53-24 be considered in the adjudication hearing. Except in a detention
53-25 or discretionary transfer hearing, a social history report or
53-26 social service file shall not be viewed by the court before the
53-27 adjudication decision and shall not be viewed by the jury at any
54-1 time.
54-2 SECTION 38. Section 54.04, Family Code, is amended by
54-3 amending Subsections (a), (d), (e), (g), (h), and (k) and adding
54-4 Subsections (m)-(o) to read as follows:
54-5 (a) The disposition hearing shall be separate, distinct, and
54-6 subsequent to the adjudication hearing. There is no right to a
54-7 jury at the disposition hearing unless the child is in jeopardy of
54-8 a determinate sentence under Subsection (d)(3) or (m) of this
54-9 section, in which case, the child is entitled to a jury of 12
54-10 persons to determine the sentence.
54-11 (d) If the court or jury makes the finding specified in
54-12 Subsection (c) of this section allowing the court to make a
54-13 disposition in the case:
54-14 (1) the court or jury may, in addition to any order
54-15 required or authorized under Section 54.041 or 54.042 of this code,
54-16 place the child on probation on such reasonable and lawful terms as
54-17 the court may determine:
54-18 (A) in his own home or in the custody of a
54-19 relative or other fit person; <or>
54-20 (B) subject to the finding under Subsection (c)
54-21 of this section on the placement of the child outside the child's
54-22 home, in:
54-23 (i) a suitable foster home; or
54-24 (ii) a suitable public or private
54-25 institution or agency, except the Texas Youth Commission; or
54-26 (C) after an adjudication that the child engaged
54-27 in delinquent conduct and subject to the finding under Subsection
55-1 (c) on the placement of the child outside the child's home, in an
55-2 intermediate sanction facility operated under Chapter 61, Human
55-3 Resources Code;
55-4 (2) if the court or jury found at the conclusion of
55-5 the adjudication hearing that the child engaged in delinquent
55-6 conduct and if the petition was not approved by the grand jury
55-7 under Section 53.045 of this code, the court may commit the child
55-8 to the Texas Youth Commission without a determinate sentence; <or>
55-9 (3) if the court or jury found at the conclusion of
55-10 the adjudication hearing that the child engaged in delinquent
55-11 conduct that included a violation of a penal law listed in Section
55-12 53.045(a) of this code and if the petition was approved by the
55-13 grand jury under Section 53.045 of this code, the court or jury may
55-14 sentence the child to commitment in the Texas Youth Commission with
55-15 a possible transfer to the institutional division or the pardons
55-16 and paroles division of the Texas Department of Criminal Justice
55-17 for a <any> term of:
55-18 (A) not more than <years not to exceed> 40 years
55-19 if the conduct constitutes:
55-20 (i) a capital felony;
55-21 (ii) a felony of the first degree; or
55-22 (iii) an aggravated controlled substance
55-23 felony;
55-24 (B) not more than 20 years if the conduct
55-25 constitutes a felony of the second degree; or
55-26 (C) not more than 10 years if the conduct
55-27 constitutes a felony of the third degree;
56-1 (4) the court may assign the child an appropriate
56-2 sanction level and sanctions as provided by the assignment
56-3 guidelines in Section 59.003; or
56-4 (5) if applicable, the court or jury may make a
56-5 disposition under Subsection (m) of this section.
56-6 (e) The Texas Youth Commission shall accept a person <child>
56-7 properly committed to it by a juvenile court even though the person
56-8 <child> may be 17 years of age or older at the time of commitment.
56-9 (g) If the court orders a disposition under Subsection
56-10 (d)(3) or (m) of this section and there is an affirmative finding
56-11 that the defendant used or exhibited a deadly weapon during the
56-12 commission of the conduct or during immediate flight from
56-13 commission of the conduct, the court shall enter the finding in the
56-14 order. If there is an affirmative finding that the deadly weapon
56-15 was a firearm, the court shall enter that finding in the order.
56-16 (h) At the conclusion of the dispositional hearing, the
56-17 court shall inform the child of:
56-18 (1) the child's <his> right to appeal, as required by
56-19 Section 56.01 of this code; and
56-20 (2) the procedures for the sealing of the child's
56-21 records under Section 58.003 of this code.
56-22 (k) Except as provided by Subsection (m), the <The> period
56-23 to which a court or jury may sentence a person <child> to
56-24 commitment to the Texas Youth Commission with a transfer to the
56-25 Texas Department of Criminal Justice under Subsection (d)(3) of
56-26 this section applies without regard to whether the person <child>
56-27 has previously been adjudicated as having engaged in delinquent
57-1 conduct.
57-2 (m) The court or jury may sentence a child adjudicated for
57-3 habitual felony conduct as described by Section 51.031 to a term
57-4 prescribed by Subsection (d)(3) and applicable to the conduct
57-5 adjudicated in the pending case if:
57-6 (1) a petition was filed and approved by a grand jury
57-7 under Section 53.045 alleging that the child engaged in habitual
57-8 felony conduct; and
57-9 (2) the court or jury finds beyond a reasonable doubt
57-10 that the allegation described by Subdivision (1) in the grand jury
57-11 petition is true.
57-12 (n) A court may order a disposition of secure confinement of
57-13 a status offender adjudicated for violating a valid court order
57-14 only if:
57-15 (1) before the order is issued, the child received the
57-16 full due process rights guaranteed by the Constitution of the
57-17 United States or the Texas Constitution; and
57-18 (2) the juvenile probation department in a report
57-19 authorized by Subsection (b):
57-20 (A) reviewed the behavior of the child and the
57-21 circumstances under which the child was brought before the court;
57-22 (B) determined the reasons for the behavior that
57-23 caused the child to be brought before the court; and
57-24 (C) determined that all dispositions, including
57-25 treatment, other than placement in a secure detention facility or
57-26 secure correctional facility, have been exhausted or are clearly
57-27 inappropriate.
58-1 (o) A status offender may not, under any circumstances, be
58-2 committed to the Texas Youth Commission for engaging in conduct
58-3 that would not, under state or local law, be a crime if committed
58-4 by an adult.
58-5 SECTION 39. Section 54.041, Family Code, is amended by
58-6 amending Subsections (b)-(e) and adding Subsections (f) and (g) to
58-7 read as follows:
58-8 (b) If a child is found to have engaged in delinquent
58-9 conduct or conduct indicating a need for supervision arising from
58-10 the commission of an offense in which property damage or loss or
58-11 personal injury occurred, the juvenile court, on notice to all
58-12 persons affected and on hearing, may order the child or a parent to
58-13 make full or partial restitution to the victim of the offense. The
58-14 program of restitution must promote the rehabilitation of the
58-15 child, be appropriate to the age and physical, emotional, and
58-16 mental abilities of the child, and not conflict with the child's
58-17 schooling. When practicable and subject to court supervision, the
58-18 court may approve a restitution program based on a settlement
58-19 between the child and the victim of the offense. An order under
58-20 this subsection may provide for periodic payments by the child or a
58-21 parent of the child for the period specified in the order but that
58-22 period may not extend past the date of the 18th birthday of the
58-23 child or past the date the child is no longer enrolled in an
58-24 accredited secondary school in a program leading toward a high
58-25 school diploma, whichever date is later. <If the child or parent
58-26 is unable to make full or partial restitution or if a restitution
58-27 order is not appropriate under the circumstances, the court may
59-1 order the child to render personal services to a charitable or
59-2 educational institution in the manner prescribed in the court order
59-3 in lieu of restitution.>
59-4 (c) Restitution under this section is cumulative of any
59-5 other remedy allowed by law and may be used in addition to other
59-6 remedies; except that a victim of an offense is not entitled to
59-7 receive more than actual damages under a juvenile court order. <A
59-8 city, town, or county that establishes a program to assist children
59-9 in rendering personal services to a charitable or educational
59-10 institution as authorized by this subsection may purchase insurance
59-11 policies protecting the city, town, or county against claims
59-12 brought by a person other than the child for a cause of action that
59-13 arises from an act of the child while rendering those services.
59-14 The city, town, or county is not liable under this Act to the
59-15 extent that damages are recoverable under a contract of insurance
59-16 or under a plan of self-insurance authorized by statute. The
59-17 liability of the city, town, or county for a cause of action that
59-18 arises from an action of the child while rendering those services
59-19 may not exceed $100,000 to a single person and $300,000 for a
59-20 single occurrence in the case of personal injury or death, and
59-21 $10,000 for a single occurrence of property damage. Liability may
59-22 not extend to punitive or exemplary damages. This subsection does
59-23 not waive a defense, immunity, or jurisdictional bar available to
59-24 the city, town, or county or its officers or employees, nor shall
59-25 this Act be construed to waive, repeal, or modify any provision of
59-26 the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
59-27 Texas Civil Statutes).>
60-1 (d) <(c)> A person subject to an order proposed under
60-2 Subsection (a) of this section is entitled to a hearing on the
60-3 order before the order is entered by the court.
60-4 (e) <(d)> An order made under this section may be enforced
60-5 as provided by Section 54.07 of this code.
60-6 (f) <(e)> If a child is found to have engaged in conduct
60-7 indicating a need for supervision described under Section
60-8 51.03(b)(2) of this code, the court may order the child's parents
60-9 or guardians to attend a class provided under Section 21.035(h),
60-10 Education Code, if the school district in which the child's parents
60-11 or guardians reside offers a class under that section.
60-12 (g) On a finding by the court that a child's parents or
60-13 guardians have made a reasonable good faith effort to prevent the
60-14 child from engaging in delinquent conduct or engaging in conduct
60-15 indicating a need for supervision and that, despite the parents' or
60-16 guardians' efforts, the child continues to engage in such conduct,
60-17 the court shall waive any requirement for restitution that may be
60-18 imposed on a parent under this section.
60-19 SECTION 40. Sections 54.042(b), (d), and (e), Family Code,
60-20 are amended to read as follows:
60-21 (b) The order under Subsection (a)(1) of this section shall
60-22 specify a period of suspension or denial that is<:>
60-23 <(1)> until the child reaches the age of 19 <17> or
60-24 for a period of 365 days, whichever is longer<; or>
60-25 <(2) if the court finds that the child has engaged in
60-26 conduct violating the laws of this state prohibiting driving while
60-27 intoxicated, by reason of the introduction of alcohol into the
61-1 body, under Article 6701l-1, Revised Statutes, and also determines
61-2 that the child has previously been found to have engaged in conduct
61-3 violating the same laws, until the child reaches the age of 19 or
61-4 for a period of 365 days, whichever is longer>.
61-5 (d) A juvenile court, in a disposition hearing under Section
61-6 54.04 of this code, may order the Department of Public Safety to
61-7 suspend a child's driver's license or permit or, if the child does
61-8 not have a license or permit, to deny the issuance of a license or
61-9 permit to the child for a period not to exceed 12 <six> months if
61-10 the court finds that the child has engaged in conduct in need of
61-11 supervision or delinquent conduct other than the conduct described
61-12 by Subsection (a) of this section.
61-13 (e) A juvenile court that places a child on probation under
61-14 Section 54.04 of this code may require as a reasonable condition of
61-15 the probation that if the child violates the probation, the court
61-16 may order the Department of Public Safety to suspend the child's
61-17 driver's license or permit or, if the child does not have a license
61-18 or permit, to deny the issuance of a license or permit to the child
61-19 for a period not to exceed 12 <six> months. The court may make
61-20 this order if a child that is on probation under this condition
61-21 violates the probation. A suspension under this subsection is
61-22 cumulative of any other suspension under this section.
61-23 SECTION 41. Chapter 54, Family Code, is amended by adding
61-24 Sections 54.044 and 54.045 to read as follows:
61-25 Sec. 54.044. COMMUNITY SERVICE. (a) If the court places a
61-26 child on probation under Section 54.04(d), the court shall require
61-27 as a condition of probation that the child work a specified number
62-1 of hours at a community service project approved by the court and
62-2 designated by the juvenile board as provided by Subsection (e),
62-3 unless the court determines and enters a finding on the order
62-4 placing the child on probation that:
62-5 (1) the child is physically or mentally incapable of
62-6 participating in the project;
62-7 (2) participating in the project will be a hardship on
62-8 the child or the family of the child; or
62-9 (3) the child has shown good cause that community
62-10 service should not be required.
62-11 (b) The court may also order under this section that the
62-12 child's parent perform community service with the child.
62-13 (c) The court shall order that the child and the child's
62-14 parent perform a total of not more than 500 hours of community
62-15 service under this section.
62-16 (d) A municipality or county that establishes a program to
62-17 assist children and their parents in rendering community service
62-18 under this section may purchase insurance policies protecting the
62-19 municipality or county against claims brought by a person other
62-20 than the child or the child's parent for a cause of action that
62-21 arises from an act of the child or parent while rendering community
62-22 service. The municipality or county is not liable under this
62-23 section to the extent that damages are recoverable under a contract
62-24 of insurance or under a plan of self-insurance authorized by
62-25 statute. The liability of the municipality or county for a cause
62-26 of action that arises from an action of the child or the child's
62-27 parent while rendering community service may not exceed $100,000 to
63-1 a single person and $300,000 for a single occurrence in the case of
63-2 personal injury or death, and $10,000 for a single occurrence of
63-3 property damage. Liability may not extend to punitive or exemplary
63-4 damages. This subsection does not waive a defense, immunity, or
63-5 jurisdictional bar available to the municipality or county or its
63-6 officers or employees, nor shall this section be construed to
63-7 waive, repeal, or modify any provision of Chapter 101, Civil
63-8 Practice and Remedies Code.
63-9 (e) For the purposes of this section, a court may submit to
63-10 the juvenile probation department a list of organizations or
63-11 projects approved by the court for community service. The juvenile
63-12 probation department may:
63-13 (1) designate an organization or project for community
63-14 service only from the list submitted by the court; and
63-15 (2) reassign or transfer a child to a different
63-16 organization or project on the list submitted by the court under
63-17 this subsection without court approval.
63-18 (f) A person subject to an order proposed under Subsection
63-19 (a) or (b) is entitled to a hearing on the order before the order
63-20 is entered by the court.
63-21 (g) On a finding by the court that a child's parents or
63-22 guardians have made a reasonable good faith effort to prevent the
63-23 child from engaging in delinquent conduct or engaging in conduct
63-24 indicating a need for supervision and that, despite the parents' or
63-25 guardians' efforts, the child continues to engage in such conduct,
63-26 the court shall waive any requirement for community service that
63-27 may be imposed on a parent under this section.
64-1 (h) An order made under this section may be enforced as
64-2 provided by Section 54.07.
64-3 Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT. (a)
64-4 During a disposition hearing under Section 54.04, a child may:
64-5 (1) admit having engaged in delinquent conduct or
64-6 conduct indicating a need for supervision for which the child has
64-7 not been adjudicated; and
64-8 (2) request the court to take the admitted conduct
64-9 into account in the disposition of the child.
64-10 (b) If the prosecuting attorney agrees in writing, the court
64-11 may take the admitted conduct into account in the disposition of
64-12 the child.
64-13 (c) A court may take into account admitted conduct over
64-14 which exclusive venue lies in another county only if the court
64-15 obtains the written permission of the prosecuting attorney for that
64-16 county.
64-17 (d) A child may not be adjudicated by any court for having
64-18 engaged in conduct taken into account under this section, except
64-19 that, if the conduct taken into account included conduct over which
64-20 exclusive venue lies in another county and the written permission
64-21 of the prosecuting attorney of that county was not obtained, the
64-22 child may be adjudicated for that conduct, but the child's
64-23 admission under this section may not be used against the child in
64-24 the adjudication.
64-25 SECTION 42. Section 54.05(f), Family Code, is amended to
64-26 read as follows:
64-27 (f) A disposition based on a finding that the child engaged
65-1 in delinquent conduct may be modified so as to commit the child to
65-2 the Texas Youth Commission if the court after a hearing to modify
65-3 disposition finds by a preponderance of the evidence <beyond a
65-4 reasonable doubt> that the child violated a reasonable and lawful
65-5 order of the court. A disposition based on a finding that the
65-6 child engaged in habitual felony conduct as described by Section
65-7 51.031 of this code or in <a> delinquent conduct that included a
65-8 violation of a penal law listed in Section 53.045(a) of this code
65-9 may be modified to commit the child to the Texas Youth Commission
65-10 with a possible transfer to the institutional division or the
65-11 pardons and paroles division of the Texas Department of Criminal
65-12 Justice for a definite term prescribed by Section 54.04(d)(3) of
65-13 this code <not to exceed 40 years> if the original petition was
65-14 approved by the grand jury under Section 53.045 of this code and if
65-15 after a hearing to modify the disposition the court or jury finds
65-16 that the child violated a reasonable and lawful order of the court.
65-17 SECTION 43. Section 54.06, Family Code, as amended by
65-18 Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
65-19 Session, 1993, is amended by amending Subsection (c) and adding
65-20 Subsections (d), (e), and (f) to read as follows:
65-21 (c) A court may enforce an order for support under this
65-22 section by ordering garnishment of the wages of the person ordered
65-23 to pay support or by any other means available to enforce a child
65-24 support order under Title 5.
65-25 (d) An order <(c) Orders> for support may be enforced as
65-26 provided in Section 54.07 of this code.
65-27 (e) The court shall apply the child support guidelines under
66-1 Subchapter C, Chapter 154, in an order requiring the payment of
66-2 child support under this section. The court shall also require in
66-3 an order to pay child support under this section that health
66-4 insurance be provided for the child. Subchapter D, Chapter 154,
66-5 applies to an order requiring health insurance for a child under
66-6 this section.
66-7 (f) An order under this section prevails over any previous
66-8 child support order issued with regard to the child to the extent
66-9 of any conflict between the orders.
66-10 SECTION 44. Section 54.061, Family Code, is amended by
66-11 adding Subsection (d) to read as follows:
66-12 (d) If the court finds that a child, parent, or other person
66-13 responsible for the child's support is financially unable to pay
66-14 the probation fee required under Subsection (a), the court shall
66-15 enter into the records of the child's case a statement of that
66-16 finding. The court may waive a fee under this section only if the
66-17 court makes the finding under this subsection.
66-18 SECTION 45. Section 54.08, Family Code, is amended to read
66-19 as follows:
66-20 Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
66-21 provided by Subsection (b), the court shall open <Except for any
66-22 hearing on a petition that has been approved by the grand jury
66-23 under Section 53.045 of this code and in which the child is subject
66-24 to a determinate sentence, the general public may be excluded from>
66-25 hearings under this title to the public unless the court, for good
66-26 cause shown, determines that the public should be excluded.
66-27 (b) The court may not prohibit a person who is a victim of
67-1 the conduct of a child from personally attending a hearing under
67-2 this title relating to the conduct by the child unless the victim
67-3 is to testify in the hearing or any subsequent hearing relating to
67-4 the conduct and the court determines that the victim's testimony
67-5 would be materially affected if the victim hears other testimony at
67-6 trial <in its discretion may admit such members of the general
67-7 public as it deems proper>.
67-8 SECTION 46. Section 54.11, Family Code, is amended to read
67-9 as follows:
67-10 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
67-11 a referral <notice required> under Section 61.079(a), Human
67-12 Resources Code, for <of> the transfer to the institutional
67-13 division of the Texas Department of Criminal Justice <Corrections>
67-14 of a person committed to the Texas Youth Commission under Section
67-15 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
67-16 receipt of a request by the commission under Section 61.081(g)
67-17 <(f)>, Human Resources Code, for approval of the release under
67-18 supervision of a person committed to the commission under Section
67-19 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, the
67-20 court shall set a time and place for a hearing on the release of
67-21 the person.
67-22 (b) The court shall notify the following of the time and
67-23 place of the hearing:
67-24 (1) the person to be transferred or released under
67-25 supervision;
67-26 (2) the parents of the person;
67-27 (3) any legal custodian of the person, including the
68-1 Texas Youth Commission;
68-2 (4) the office of the prosecuting attorney that
68-3 represented the state in the juvenile delinquency proceedings;
68-4 (5) the victim of the offense that was included in the
68-5 delinquent conduct that was a ground for the disposition, or a
68-6 member of the victim's family; and
68-7 (6) any other person who has filed a written request
68-8 with the court to be notified of a release hearing with respect to
68-9 the person to be transferred or released under supervision.
68-10 (c) Except for the person to be transferred or released
68-11 under supervision and the prosecuting attorney, the failure to
68-12 notify a person listed in Subsection (b) of this section does not
68-13 affect the validity of a <release> hearing conducted or <a release>
68-14 determination made under this section if the record in the case
68-15 reflects that the whereabouts of the persons who did not receive
68-16 notice were unknown to the court and a reasonable effort was made
68-17 by the court to locate those persons.
68-18 (d) At a <release> hearing under this section the court may
68-19 consider written reports from probation officers, professional
68-20 court employees, or professional consultants, in addition to the
68-21 testimony of witnesses. At least one day before the <release>
68-22 hearing, the court shall provide the attorney for the person to be
68-23 transferred or released under supervision with access to all
68-24 written matter to be considered by the court.
68-25 (e) At the <any release> hearing, the person to be
68-26 transferred or released under supervision is entitled to an
68-27 attorney, to examine all witnesses against him, to present evidence
69-1 and oral argument, and to previous examination of all reports on
69-2 and evaluations and examinations of or relating to him that may be
69-3 used in the hearing.
69-4 (f) A <release> hearing under this section is open to the
69-5 public unless the person to be transferred or released under
69-6 supervision waives a public hearing with the consent of his
69-7 attorney and the court.
69-8 (g) A <release> hearing under this section must be recorded
69-9 by a court reporter or by audio or video tape recording, and the
69-10 record of the hearing must be retained by the court for at least
69-11 two years after the date of the final determination on the transfer
69-12 or release of the person by the court.
69-13 (h) The <release> hearing on a person who is referred for
69-14 <the subject of a notice of> transfer under Section 61.079(a),
69-15 Human Resources Code, shall <must> be held not later than the 60th
69-16 day after the date the court receives the referral <before 30 days
69-17 before the person's 18th birthday>.
69-18 (i) On conclusion of the <release> hearing on a person who
69-19 is referred for <the subject of a notice of> transfer under Section
69-20 61.079(a), Human Resources Code, the court may order:
69-21 (1) the return <recommitment> of the person to the
69-22 Texas Youth Commission <without a determinate sentence>; or
69-23 (2) the transfer of the person to the custody of the
69-24 institutional division of the Texas Department of Criminal Justice
69-25 for the completion of the person's <determinate> sentence<; or>
69-26 <(3) the final discharge of the person>.
69-27 (j) On conclusion of the hearing on a person who is referred
70-1 for release under supervision under Section 61.081(f), Human
70-2 Resources Code, the court may order the return of the person to the
70-3 Texas Youth Commission:
70-4 (1) with approval for the release of the person under
70-5 supervision; or
70-6 (2) without approval for the release of the person
70-7 under supervision.
70-8 (k) In making a determination under this section, the court
70-9 may consider the experiences and character of the person before and
70-10 after commitment to the youth commission, the nature of the penal
70-11 offense that the person was found to have committed and the manner
70-12 in which the offense was committed, the abilities of the person to
70-13 contribute to society, the protection of the victim of the offense
70-14 or any member of the victim's family, the recommendations of the
70-15 youth commission and prosecuting attorney, the best interests of
70-16 the person, and any other factor relevant to the issue to be
70-17 decided.
70-18 SECTION 47. Chapter 55, Family Code, is amended to read as
70-19 follows:
70-20 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
70-21 OR MENTAL<,> RETARDATION<, DISEASE, OR DEFECT>
70-22 Sec. 55.01. Physical or Mental Examination. (a) At any
70-23 stage of the proceedings under this title, the juvenile court may
70-24 order a <cause the> child alleged by petition or found to have
70-25 engaged in delinquent conduct or conduct indicating a need for
70-26 supervision to be examined by appropriate experts, including a
70-27 physician, psychiatrist, or psychologist.
71-1 (b) If an examination ordered under Subsection (a) of this
71-2 section is to determine whether the child is mentally retarded, the
71-3 examination must consist of a determination of mental retardation
71-4 and an interdisciplinary team recommendation, as provided by
71-5 Chapter 593 <comprehensive diagnosis and evaluation as defined in
71-6 Subtitle D, Title 7>, Health and Safety Code, and shall be
71-7 conducted at a facility approved or operated by the Texas
71-8 Department of Mental Health and Mental Retardation or at a
71-9 community center established in accordance with Chapter 534, Health
71-10 and Safety Code.
71-11 Sec. 55.02. <MENTALLY ILL> CHILD WITH MENTAL ILLNESS. (a)
71-12 The <If it appears to the juvenile court, on suggestion of a party
71-13 or on the court's own notice, that a child alleged by petition or
71-14 found to have engaged in delinquent conduct or conduct indicating a
71-15 need for supervision may be mentally ill, the> court shall initiate
71-16 proceedings to order temporary or extended mental health services,
71-17 as provided in Subchapter C, Chapter 574, Health and Safety Code,
71-18 for a <hospitalization of the> child alleged or found to have
71-19 engaged in delinquent conduct or conduct indicating a need for
71-20 supervision, if:
71-21 (1) on motion by a party or the court it is alleged
71-22 that the child is mentally ill; or
71-23 (2) a child is found or alleged to be unfit to proceed
71-24 as a result of mental illness under Section 55.04 of this chapter
71-25 or is found not responsible for the child's conduct as a result of
71-26 mental illness under Section 55.05 of this chapter <for observation
71-27 and treatment>.
72-1 (b) Subtitle C, Title 7, Health and Safety Code, governs
72-2 proceedings for court-ordered mental health services <temporary
72-3 hospitalization> except that the juvenile court shall conduct the
72-4 proceedings whether or not the juvenile court is also a county
72-5 court.
72-6 (c) If the juvenile court orders mental health services for
72-7 <enters an order of temporary hospitalization of> the child, the
72-8 child shall be cared for, treated, and released in conformity to
72-9 Subtitle C, Title 7, Health and Safety Code, except:
72-10 (1) a juvenile court order for mental health services
72-11 <of temporary hospitalization> of a child automatically expires on
72-12 the 120th day after the date <when> the child becomes 18 years of
72-13 age; and
72-14 (2) the administrator <head> of a mental health
72-15 facility <hospital> shall notify, in writing, the juvenile court
72-16 that ordered mental health services of the intent to discharge the
72-17 child <temporary hospitalization> at least 10 days prior to
72-18 discharge <of the child; and>
72-19 <(3) appeal from juvenile court proceedings under this
72-20 section shall be to the court of civil appeals as in other
72-21 proceedings under this title>.
72-22 (d) If the juvenile court orders mental health services for
72-23 the <temporary hospitalization of a> child, the proceedings under
72-24 this title then pending in juvenile court shall be stayed.
72-25 (e) If the child is discharged from the mental health
72-26 facility <hospital> before reaching 18 years of age, the juvenile
72-27 court may:
73-1 (1) dismiss the juvenile court proceedings with
73-2 prejudice; or
73-3 (2) continue with proceedings under this title as
73-4 though no order of mental health services <temporary
73-5 hospitalization> had been made.
73-6 (f) The juvenile court shall transfer all pending
73-7 proceedings from the juvenile court to a criminal court on the 18th
73-8 birthday of a child for whom the court has ordered mental health
73-9 services under this section if:
73-10 (1) the child is not discharged or furloughed from the
73-11 residential care facility before reaching 18 years of age; and
73-12 (2) the child is alleged to have engaged in delinquent
73-13 conduct that included a violation of a penal law listed in Section
73-14 53.045.
73-15 (g) The juvenile court shall send notification of the
73-16 transfer of a child under Subsection (f) to the residential care
73-17 facility. The criminal court shall, within 90 days of the
73-18 transfer, institute proceedings under Article 46.02, Code of
73-19 Criminal Procedure. If those or any subsequent proceedings result
73-20 in a determination that the defendant is competent to stand trial,
73-21 the defendant may not receive a punishment for the delinquent
73-22 conduct described by Subsection (f)(2) that results in confinement
73-23 for a period longer than the maximum period of confinement the
73-24 defendant could have received if the defendant had been adjudicated
73-25 for the delinquent conduct while still a child and within the
73-26 jurisdiction of the juvenile court.
73-27 Sec. 55.03. <MENTALLY RETARDED> CHILD WITH MENTAL
74-1 RETARDATION. (a) If <it appears to the juvenile court, on the
74-2 suggestion of a party or on the court's own notice, that> a child
74-3 is <alleged or> found or alleged to be unfit to proceed as a result
74-4 of mental retardation under Section 55.04 of this chapter or is
74-5 found not responsible for the child's conduct as a result of mental
74-6 retardation under Section 55.05 of this chapter <have engaged in
74-7 delinquent conduct or conduct indicating a need for supervision may
74-8 be mentally retarded>, the court shall order a determination of
74-9 mental retardation and an interdisciplinary team recommendation
74-10 <comprehensive diagnosis and evaluation> of the child, as provided
74-11 by Chapter 593, Health and Safety Code, to be performed at a
74-12 facility approved or operated by the Texas Department of Mental
74-13 Health and Mental Retardation or at a community center established
74-14 in accordance with Chapter 534, Health and Safety Code. If the
74-15 court finds that the results of such determination of mental
74-16 retardation <comprehensive diagnosis and evaluation> indicate a
74-17 significantly subaverage general intellectual function of 2.5 or
74-18 more standard deviations below the age-group mean for the tests
74-19 used existing concurrently with significantly related deficits in
74-20 adaptive behavior <of Levels I-IV>, the court shall initiate
74-21 proceedings to order commitment of the child to a residential care
74-22 facility, as that term is defined by Section 591.003, Health and
74-23 Safety Code <for the care and treatment of mentally retarded
74-24 persons>.
74-25 (b) A child alleged or found to have engaged in delinquent
74-26 conduct or conduct indicating a need for supervision may be
74-27 committed to a residential care facility if:
75-1 (1) the child is found unfit to proceed as a result of
75-2 mental retardation under Section 55.04 of this chapter or is found
75-3 not responsible for the child's conduct as a result of mental
75-4 retardation under Section 55.05 of this chapter; and
75-5 (2) the child meets the criteria for commitment as
75-6 provided in Subchapter C, Chapter 593, Health and Safety Code.
75-7 (c) Subtitle D, Title 7, Health and Safety Code, governs
75-8 proceedings for commitment of a child under <meeting the criteria
75-9 set forth in Subsection (a) of> this section except that:
75-10 (1) the juvenile court shall conduct the proceedings
75-11 whether or not the juvenile court is also a county court; and
75-12 (2) on receipt of the court's order entering the
75-13 findings required by <set forth in Subsection (a) of this section,
75-14 together with those findings set forth in> Subtitle D, Title 7,
75-15 Health and Safety Code, and Subsection (b)(1) of this section <as
75-16 prerequisites for court commitments>, the Texas Department of
75-17 Mental Health and Mental Retardation or the appropriate community
75-18 center shall <thereupon> admit the child to a residential care
75-19 facility <for the mentally retarded>.
75-20 (d) <(c)> If the juvenile court enters an order committing
75-21 the child to <for care and treatment in> a residential care
75-22 facility <for mentally retarded persons>, the child shall be cared
75-23 for, treated, and released in conformity to Subtitle D, Title 7,
75-24 Health and Safety Code, except that the administrator of the
75-25 residential care facility shall notify, in writing,<:>
75-26 <(1)> the juvenile court that ordered commitment of
75-27 the child of the intent <shall be notified at least 10 days prior>
76-1 to discharge <of> the child from the residential care facility or
76-2 to furlough the child to an alternative placement at least 20 days
76-3 prior to the date of the discharge or furlough<; and>
76-4 <(2) appeal from juvenile court proceedings under this
76-5 section shall be to the court of civil appeals as in other
76-6 proceedings under this title>.
76-7 (e) <(d)> If the juvenile court orders commitment of a child
76-8 to a residential care facility <for the care and treatment of
76-9 mentally retarded persons>, the proceedings under this title then
76-10 pending in juvenile court shall be stayed.
76-11 (f) <(e)> If the child committed to a residential care
76-12 facility is discharged or furloughed from the residential care
76-13 facility as provided by Subsection (d) of this section and in
76-14 accordance with Subtitle D, Title 7, Health and Safety Code, <for
76-15 the care and treatment of mentally retarded persons> before
76-16 reaching 18 years of age, the juvenile court may:
76-17 (1) dismiss the juvenile court proceedings with
76-18 prejudice; or
76-19 (2) continue with proceedings under this title as
76-20 though no order of commitment had been made.
76-21 (g) The juvenile court shall transfer all pending
76-22 proceedings from the juvenile court to a criminal court on the 18th
76-23 birthday of a child committed to a residential care facility if:
76-24 (1) the child is not discharged or furloughed from the
76-25 residential care facility before reaching 18 years of age; and
76-26 (2) the child is alleged to have engaged in delinquent
76-27 conduct that included a violation of a penal law listed in Section
77-1 53.045.
77-2 (h) The juvenile court shall send notification of the
77-3 transfer of a child under Subsection (g) to the residential care
77-4 facility. The criminal court shall, within 90 days of the
77-5 transfer, institute proceedings under Article 46.02, Code of
77-6 Criminal Procedure. If those or any subsequent proceedings result
77-7 in a determination that the defendant is competent to stand trial,
77-8 the defendant may not receive a punishment for the delinquent
77-9 conduct described by Subsection (g)(2) that results in confinement
77-10 for a period longer than the maximum period of confinement the
77-11 defendant could have received if the defendant had been adjudicated
77-12 for the delinquent conduct while still a child and within the
77-13 jurisdiction of the juvenile court.
77-14 Sec. 55.04. UNFITNESS <MENTAL DISEASE OR DEFECT EXCLUDING
77-15 FITNESS> TO PROCEED. (a) A <No> child alleged by petition or
77-16 found to have engaged in delinquent conduct or conduct indicating a
77-17 need for supervision who as a result of mental illness or mental
77-18 retardation <disease or defect> lacks capacity to understand the
77-19 proceedings in juvenile court or to assist in his own defense is
77-20 unfit to proceed and shall not be subjected to discretionary
77-21 transfer to criminal court, adjudication, disposition, or
77-22 modification of disposition as long as such incapacity endures.
77-23 (b) If on motion by a party or the court it is alleged
77-24 <appears to the juvenile court, on suggestion of a party or on the
77-25 court's own notice,> that a child <alleged or found to have engaged
77-26 in delinquent conduct or conduct indicating a need for supervision>
77-27 may be unfit to proceed as a result of mental illness or mental
78-1 retardation, the court shall order appropriate examinations as
78-2 provided by Section 55.01 of this chapter. The information
78-3 obtained from the examinations must include expert opinion as to
78-4 <medical and psychiatric inquiry to assist in determining> whether
78-5 the child is unfit to proceed as a result <because> of mental
78-6 illness or mental retardation <disease or defect>.
78-7 (c) The court or jury shall determine whether the child is
78-8 unfit to proceed as a result of mental illness or mental
78-9 retardation <from the psychiatric and other evidence> at a hearing
78-10 separate from<, but conducted in accordance with the requirements
78-11 for,> the adjudication hearing <whether the child is fit or unfit
78-12 to proceed>.
78-13 (d) Unfitness to proceed as a result of mental illness or
78-14 mental retardation must be proved by a preponderance of the
78-15 evidence.
78-16 (e) If the court or jury determines that the child is fit to
78-17 proceed, the juvenile court shall continue with proceedings under
78-18 this title as though no question of fitness to proceed had been
78-19 raised.
78-20 (f) If the court or jury determines that the child is unfit
78-21 to proceed as a result of mental illness or mental retardation, the
78-22 court <or jury> shall initiate proceedings under <determine whether
78-23 the child should be committed for a period of temporary
78-24 hospitalization for observation and treatment in accordance with>
78-25 Section 55.02 or <of this code or committed to a facility for
78-26 mentally retarded persons for care and treatment in accordance
78-27 with> Section 55.03 of this chapter <code>.
79-1 (g) A proceeding <Proceedings> to determine fitness to
79-2 proceed may be joined with proceedings under Sections 55.02 and
79-3 55.03 of this chapter <code>.
79-4 (h) The fact that the child is unfit to proceed as a result
79-5 of mental illness or mental retardation does not preclude any legal
79-6 objection to the juvenile court proceedings which is susceptible of
79-7 fair determination prior to the adjudication hearing and without
79-8 the personal participation of the child.
79-9 Sec. 55.05. LACK OF RESPONSIBILITY FOR CONDUCT <MENTAL
79-10 DISEASE OR DEFECT EXCLUDING RESPONSIBILITY>. (a) A child alleged
79-11 by petition to have engaged in <is not responsible for> delinquent
79-12 conduct or conduct indicating a need for supervision is not
79-13 responsible for the conduct if at the time of the <such> conduct,
79-14 as a result of mental illness or mental retardation <disease or
79-15 defect>, he lacks substantial capacity either to appreciate the
79-16 wrongfulness of his conduct or to conform his conduct to the
79-17 requirements of law.
79-18 (b) If <it appears to the juvenile court,> on motion
79-19 <suggestion> of a party or <on> the court it is <court's own
79-20 notice, that a child> alleged that the child <to have engaged in
79-21 delinquent conduct or conduct indicating a need for supervision>
79-22 may not be responsible as a result of mental illness or mental
79-23 retardation for the child's conduct <disease or defect>, the court
79-24 shall order appropriate examinations as provided by Section 55.01
79-25 of this chapter. The information obtained from the examinations
79-26 must include expert opinion as to <medical and psychiatric inquiry
79-27 to assist in determining> whether the child is <or is> not
80-1 responsible for the child's conduct as a result of mental illness
80-2 or mental retardation.
80-3 (c) The issue of whether the child is not responsible for
80-4 his conduct as a result of mental illness or mental retardation
80-5 <disease or defect> shall be tried to the court or jury in the
80-6 adjudication hearing.
80-7 (d) Lack of <Mental disease or defect excluding>
80-8 responsibility for conduct as a result of mental illness or mental
80-9 retardation must be proved by a preponderance of the evidence.
80-10 (e) In its findings or verdict the court or jury must state
80-11 whether the child is not responsible for his conduct as a result of
80-12 mental illness or mental retardation <disease or defect>.
80-13 (f) If the court or jury finds the child is not responsible
80-14 for his conduct as a result of mental illness or mental
80-15 retardation, the court shall initiate proceedings under Section
80-16 55.02 or 55.03 of this chapter <proceedings shall continue as
80-17 though no question of mental disease or defect excluding
80-18 responsibility had been raised>.
80-19 (g) A <If the court or jury finds that the> child found <is>
80-20 not responsible for his conduct as a result of mental illness or
80-21 mental retardation <disease or defect, the court shall dismiss the
80-22 proceedings with prejudice, and the court> shall not be subject to
80-23 proceedings under this title with respect to such conduct, other
80-24 than <initiate> proceedings under Section 55.02 or 55.03 of this
80-25 chapter <code to determine whether the child should be committed
80-26 for care and treatment as a mentally ill or mentally retarded
80-27 child>.
81-1 <(h) A child declared not responsible for his conduct
81-2 because of mental disease or defect shall not thereafter be subject
81-3 to proceedings under this title with respect to such conduct, other
81-4 than proceedings under Section 55.02 or 55.03 of this code.>
81-5 SECTION 48. Section 56.01, Family Code, is amended by
81-6 amending Subsections (c) and (i) and adding Subsections (k)-(m) to
81-7 read as follows:
81-8 (c) An appeal may be taken:
81-9 (1) by or on behalf of a child from an order entered
81-10 under:
81-11 (A) <Section 54.02 of this code respecting
81-12 transfer of the child to criminal court for prosecution as an
81-13 adult;>
81-14 <(B)> Section 54.03 of this code with regard to
81-15 delinquent conduct or conduct indicating a need for supervision;
81-16 (B) <(C)> Section 54.04 of this code disposing
81-17 of the case;
81-18 (C) <(D)> Section 54.05 of this code respecting
81-19 modification of a previous juvenile court disposition; or
81-20 (D) <(E)> Chapter 55 of this code committing a
81-21 child to a facility for the mentally ill or mentally retarded; or
81-22 (2) by a person from an order entered under Section
81-23 54.11(i)(2) of this code transferring the person to the custody of
81-24 the institutional division of the Texas Department of Criminal
81-25 Justice.
81-26 (i) The appellate court may affirm, reverse, or modify the
81-27 judgment or order, including an order of disposition or modified
82-1 disposition, from which appeal was taken. It may reverse or modify
82-2 an order of disposition or modified order of disposition while
82-3 affirming the juvenile court adjudication that the child engaged in
82-4 delinquent conduct or conduct indicating a need for supervision.
82-5 It may remand an order that it reverses or modifies for further
82-6 proceedings by the juvenile court.
82-7 (k) The appellate court shall dismiss an appeal on the
82-8 state's motion, supported by affidavit showing that the appellant
82-9 has escaped from custody pending the appeal and, to the affiant's
82-10 knowledge, has not voluntarily returned to the state's custody on
82-11 or before the 10th day after the date of the escape. The court may
82-12 not dismiss an appeal, or if the appeal has been dismissed, shall
82-13 reinstate the appeal, on the filing of an affidavit of an officer
82-14 or other credible person showing that the appellant voluntarily
82-15 returned to custody on or before the 10th day after the date of the
82-16 escape.
82-17 (l) The court may order the child, the child's parent, or
82-18 other person responsible for support of the child to pay the
82-19 child's costs of appeal, including the costs of representation by
82-20 an attorney, unless the court determines the person to be ordered
82-21 to pay the costs is indigent.
82-22 (m) For purposes of determining indigency of the child under
82-23 this section, the court shall consider the assets and income of the
82-24 child, the child's parent, and any other person responsible for the
82-25 support of the child.
82-26 SECTION 49. Section 57.001(3), Family Code, is amended to
82-27 read as follows:
83-1 (3) "Victim" means a person who:
83-2 (A) is the victim of the delinquent conduct of a
83-3 child that includes the elements under the penal law of this state
83-4 of sexual assault, kidnapping, or aggravated robbery; <or>
83-5 (B) has suffered bodily injury or death as a
83-6 result of the conduct of a child that violates a penal law of this
83-7 state; or
83-8 (C) is the owner or lessor of property damaged
83-9 or lost as a result of the conduct of a child that violates a
83-10 penal law of this state.
83-11 SECTION 50. Section 57.002, Family Code, is amended to read
83-12 as follows:
83-13 Sec. 57.002. Victim's Rights. A victim, guardian of a
83-14 victim, or close relative of a deceased victim is entitled to the
83-15 following rights within the juvenile justice system:
83-16 (1) the right to receive from law enforcement agencies
83-17 adequate protection from harm and threats of harm arising from
83-18 cooperation with prosecution efforts;
83-19 (2) the right to have the court or person appointed by
83-20 the court take the safety of the victim or the victim's family into
83-21 consideration as an element in determining whether the child should
83-22 be detained before the child's conduct is adjudicated;
83-23 (3) the right, if requested, to be informed of
83-24 relevant court proceedings, including appellate proceedings, and to
83-25 be informed in a timely manner if those court proceedings have been
83-26 canceled or rescheduled;
83-27 (4) the right to be informed, when requested, by the
84-1 court or a person appointed by the court concerning the procedures
84-2 in the juvenile justice system, including general procedures
84-3 relating to:
84-4 (A) the preliminary investigation and deferred
84-5 prosecution <informal adjustment> of a case; and
84-6 (B) the appeal of the case;
84-7 (5) the right to provide pertinent information to a
84-8 juvenile court conducting a disposition hearing concerning the
84-9 impact of the offense on the victim and the victim's family by
84-10 testimony, written statement, or any other manner before the court
84-11 renders its disposition;
84-12 (6) the right to receive information regarding
84-13 compensation to victims as provided by Subchapter B, Chapter 56,
84-14 Code of Criminal Procedure <the Crime Victims Compensation Act
84-15 (Article 8309-1, Vernon's Texas Civil Statutes)>, including
84-16 information related to the costs that may be compensated under that
84-17 Act and the amount of compensation, eligibility for compensation,
84-18 and procedures for application for compensation under that Act, the
84-19 payment of medical expenses under Section 56.06, Code of Criminal
84-20 Procedure <Section 1, Chapter 299, Acts of the 63rd Legislature,
84-21 Regular Session, 1973 (Article 4447m, Vernon's Texas Civil
84-22 Statutes)>, for a victim of a sexual assault, and when requested,
84-23 to referral to available social service agencies that may offer
84-24 additional assistance;
84-25 (7) the right to be informed, upon request, of
84-26 procedures for release under supervision or transfer of the person
84-27 to the custody of the pardons and paroles division of the Texas
85-1 Department of Criminal Justice for parole, to participate in the
85-2 release or transfer for parole process, to be notified, if
85-3 requested, of release or transfer for parole proceedings concerning
85-4 the person <child>, to provide to the Texas Youth Commission for
85-5 inclusion in the person's <child's> file information to be
85-6 considered by the commission before the release under supervision
85-7 or transfer for parole of the person <child>, and to be notified,
85-8 if requested, of the person's <child's> release or transfer for
85-9 parole;
85-10 (8) the right to be provided with a waiting area,
85-11 separate or secure from other witnesses, including the child
85-12 alleged to have committed the conduct and relatives of the child,
85-13 before testifying in any proceeding concerning the child, or, if a
85-14 separate waiting area is not available, other safeguards should be
85-15 taken to minimize the victim's contact with the child and the
85-16 child's relatives and witnesses, before and during court
85-17 proceedings;
85-18 (9) the right to prompt return of any property of the
85-19 victim that is held by a law enforcement agency or the attorney for
85-20 the state as evidence when the property is no longer required for
85-21 that purpose;
85-22 (10) the right to have the attorney for the state
85-23 notify the employer of the victim, if requested, of the necessity
85-24 of the victim's cooperation and testimony in a proceeding that may
85-25 necessitate the absence of the victim from work for good cause;
85-26 <and>
85-27 (11) the right to be present at all public court
86-1 proceedings related to the conduct of the child as provided by
86-2 Section 54.08, subject to that section; and
86-3 (12) any other right appropriate to the victim that a
86-4 victim of criminal conduct has under Article 56.02, Code of
86-5 Criminal Procedure <the approval of the court>.
86-6 SECTION 51. Chapter 57, Family Code, is amended by amending
86-7 Section 57.003 and by adding Section 57.0031 to read as follows:
86-8 Sec. 57.003. DUTY OF JUVENILE BOARD. (a) The juvenile
86-9 board shall ensure to the extent practicable that a victim,
86-10 guardian of a victim, or close relative of a deceased victim is
86-11 afforded the rights granted by Section 57.002 <of this code> and,
86-12 on request, an explanation of those rights.
86-13 (b) The juvenile board may designate a person to serve as
86-14 victim assistance coordinator in the juvenile board's jurisdiction
86-15 for victims of juvenile offenders.
86-16 (c) The victim assistance coordinator shall ensure that a
86-17 victim, or close relative of a deceased victim, is afforded the
86-18 rights granted victims, guardians, and relatives by Section 57.002
86-19 and, on request, an explanation of those rights. The victim
86-20 assistance coordinator shall work closely with appropriate law
86-21 enforcement agencies, prosecuting attorneys, the Texas Juvenile
86-22 Probation Commission, and the Texas Youth Commission in carrying
86-23 out that duty.
86-24 (d) The victim assistance coordinator shall ensure that at a
86-25 minimum, a victim, guardian of a victim, or close relative of a
86-26 deceased victim receives:
86-27 (1) a written notice of the rights outlined in Section
87-1 57.002;
87-2 (2) an application for compensation under the Crime
87-3 Victims' Compensation Act (Subchapter B, Chapter 56, Code of
87-4 Criminal Procedure); and
87-5 (3) a victim impact statement with information
87-6 explaining the possible use and consideration of the victim impact
87-7 statement at detention, adjudication, and release proceedings
87-8 involving the juvenile.
87-9 (e) The victim assistance coordinator shall, on request,
87-10 offer to assist a person receiving a form under Subsection (d) to
87-11 complete the form.
87-12 (f) The victim assistance coordinator shall send a copy of
87-13 the victim impact statement to the court conducting a disposition
87-14 hearing involving the juvenile.
87-15 Sec. 57.0031. NOTIFICATION OF RIGHTS OF VICTIMS OF
87-16 JUVENILES. At the initial contact or at the earliest possible time
87-17 after the initial contact between the victim of a reported crime
87-18 and the juvenile probation office having the responsibility for the
87-19 disposition of the juvenile, the office shall provide the victim a
87-20 written notice:
87-21 (1) containing information about the availability of
87-22 emergency and medical services, if applicable;
87-23 (2) stating that the victim has the right to receive
87-24 information regarding compensation to victims of crime as provided
87-25 by the Crime Victims' Compensation Act (Subchapter B, Chapter 56,
87-26 Code of Criminal Procedure), including information about:
87-27 (A) the costs that may be compensated and the
88-1 amount of compensation, eligibility for compensation, and
88-2 procedures for application for compensation;
88-3 (B) the payment for a medical examination for a
88-4 victim of a sexual assault; and
88-5 (C) referral to available social service
88-6 agencies that may offer additional assistance;
88-7 (3) stating the name, address, and phone number of the
88-8 victim assistance coordinator for victims of juveniles;
88-9 (4) containing the following statement: "You may call
88-10 the crime victim assistance coordinator for the status of the case
88-11 and information about victims' rights.";
88-12 (5) stating the rights of victims of crime under
88-13 Section 57.002;
88-14 (6) summarizing each procedural stage in the
88-15 processing of a juvenile case, including preliminary investigation,
88-16 detention, informal adjustment of a case, disposition hearings,
88-17 release proceedings, restitution, and appeals;
88-18 (7) suggesting steps the victim may take if the victim
88-19 is subjected to threats or intimidation;
88-20 (8) stating the case number and assigned court for the
88-21 case; and
88-22 (9) stating that the victim has the right to file a
88-23 victim impact statement and to have it considered in juvenile
88-24 proceedings.
88-25 SECTION 52. Chapter 57, Family Code, is amended by adding
88-26 Section 57.008 to read as follows:
88-27 Sec. 57.008. COURT ORDER FOR PROTECTION FROM JUVENILES. (a)
89-1 A court may issue an order for protection from juveniles directed
89-2 against a child to protect a victim of the child's conduct who,
89-3 because of the victim's participation in the juvenile justice
89-4 system, risks further harm by the child.
89-5 (b) In the order, the court may prohibit the child from
89-6 doing specified acts or require the child to do specified acts
89-7 necessary or appropriate to prevent or reduce the likelihood of
89-8 further harm to the victim by the child.
89-9 SECTION 53. Title 3, Family Code, is amended by adding
89-10 Chapters 58-60 to read as follows:
89-11 CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
89-12 SUBCHAPTER A. RECORDS
89-13 Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. (a) Law
89-14 enforcement officers and other juvenile justice personnel shall
89-15 collect information described by Section 58.104 as a part of the
89-16 juvenile justice information system created under Subchapter B.
89-17 (b) The information is available as provided by Subchapter
89-18 B.
89-19 (c) A law enforcement agency may forward information,
89-20 including photographs and fingerprints, relating to a child who has
89-21 been detained or taken into custody by the agency to the Department
89-22 of Public Safety of the State of Texas for inclusion in the
89-23 juvenile justice information system created under Subchapter B only
89-24 if the child is referred to juvenile court on or before the 10th
89-25 day after the date the child is detained or taken into custody. If
89-26 the child is not referred to juvenile court within that time, the
89-27 law enforcement agency shall destroy all information, including
90-1 photographs and fingerprints, relating to the child unless the
90-2 child is placed in a first offender program under Section 52.031 or
90-3 on informal disposition under Section 52.03. The law enforcement
90-4 agency may not forward any information to the Department of Public
90-5 Safety of the State of Texas relating to the child while the child
90-6 is in a first offender program under Section 52.031 or on informal
90-7 disposition under Section 52.03. On successful completion by the
90-8 child of a first offender program under Section 52.031 or informal
90-9 disposition under Section 52.03, the law enforcement agency shall
90-10 destroy all information, including photographs and fingerprints,
90-11 relating to the child.
90-12 Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. (a)
90-13 Except as provided by Chapter 79, Human Resources Code, a child may
90-14 not be photographed or fingerprinted without the consent of the
90-15 juvenile court unless the child is taken into custody for conduct
90-16 that constitutes a felony or a misdemeanor punishable by
90-17 confinement in jail.
90-18 (b) On or before December 31 of each year, the head of each
90-19 municipal or county law enforcement agency located in a county
90-20 shall certify to the juvenile board for that county that the
90-21 photographs and fingerprints required to be destroyed under Section
90-22 58.001 have been destroyed. The juvenile board shall conduct an
90-23 audit of the records of the law enforcement agency to verify the
90-24 destruction of the photographs and fingerprints and the law
90-25 enforcement agency shall make its records available for this
90-26 purpose. If the audit shows that the certification provided by the
90-27 head of the law enforcement agency is false, that person is subject
91-1 to prosecution for perjury under Chapter 37, Penal Code.
91-2 Sec. 58.003. SEALING OF RECORDS. (a) Except as provided by
91-3 Subsections (b) and (c), on the application of a person who has
91-4 been found to have engaged in delinquent conduct or conduct
91-5 indicating a need for supervision, or a person taken into custody
91-6 to determine whether the person engaged in delinquent conduct or
91-7 conduct indicating a need for supervision, on the juvenile court's
91-8 own motion or on receipt of a certification from the Department of
91-9 Public Safety of the State of Texas that the records of a person
91-10 are eligible for sealing under this section, the court shall order
91-11 the sealing of the records in the case if the court finds that:
91-12 (1) two years have elapsed since final discharge of
91-13 the person or since the last official action in the person's case
91-14 if there was no adjudication; and
91-15 (2) since the time specified in Subdivision (1), the
91-16 person has not been convicted of a felony or a misdemeanor
91-17 involving moral turpitude or found to have engaged in delinquent
91-18 conduct or conduct indicating a need for supervision and no
91-19 proceeding is pending seeking conviction or adjudication.
91-20 (b) A court may not order the sealing of the records of a
91-21 person who has received a determinate sentence for engaging in
91-22 delinquent conduct that violated a penal law listed in Section
91-23 53.045 or engaging in habitual felony conduct as described by
91-24 Section 51.031.
91-25 (c) Subject to Subsection (b), a court may order the sealing
91-26 of records concerning a person adjudicated as having engaged in
91-27 delinquent conduct that violated a penal law of the grade of felony
92-1 only if:
92-2 (1) the person is 21 years of age or older;
92-3 (2) the person was not transferred by a juvenile court
92-4 under Section 54.02 to a criminal court for prosecution;
92-5 (3) the records have not been used as evidence in the
92-6 punishment phase of a criminal proceeding under Section 3(a),
92-7 Article 37.07, Code of Criminal Procedure; and
92-8 (4) the person has not been convicted of a penal law
92-9 of the grade of felony after becoming age 17.
92-10 (d) The court may grant the relief authorized in Subsection
92-11 (a) at any time after final discharge of the person or after the
92-12 last official action in the case if there was no adjudication. If
92-13 the child is referred to the juvenile court for conduct
92-14 constituting any offense and at the adjudication hearing the child
92-15 is found to be not guilty of each offense alleged, the court shall
92-16 immediately order the sealing of all files and records relating to
92-17 the case.
92-18 (e) Reasonable notice of the hearing shall be given to:
92-19 (1) the person who made the application or who is the
92-20 subject of the records named in the motion;
92-21 (2) the prosecuting attorney for the juvenile court;
92-22 (3) the authority granting the discharge if the final
92-23 discharge was from an institution or from parole;
92-24 (4) the public or private agency or institution having
92-25 custody of records named in the application or motion; and
92-26 (5) the law enforcement agency having custody of files
92-27 or records named in the application or motion.
93-1 (f) A copy of the sealing order shall be sent to each agency
93-2 or official named in the order.
93-3 (g) On entry of the order:
93-4 (1) all law enforcement, prosecuting attorney, clerk
93-5 of court, and juvenile court records ordered sealed shall be sent
93-6 to the court issuing the order;
93-7 (2) all records of a public or private agency or
93-8 institution ordered sealed shall be sent to the court issuing the
93-9 order;
93-10 (3) all index references to the records ordered sealed
93-11 shall be deleted;
93-12 (4) the juvenile court, clerk of court, prosecuting
93-13 attorney, public or private agency or institution, and law
93-14 enforcement officers and agencies shall properly reply that no
93-15 record exists with respect to the person on inquiry in any matter;
93-16 and
93-17 (5) the adjudication shall be vacated and the
93-18 proceeding dismissed and treated for all purposes other than a
93-19 subsequent capital prosecution, including the purpose of showing a
93-20 prior finding of delinquent conduct, as if it had never occurred.
93-21 (h) Inspection of the sealed records may be permitted by an
93-22 order of the juvenile court on the petition of the person who is
93-23 the subject of the records and only by those persons named in the
93-24 order.
93-25 (i) On the final discharge of a child or on the last
93-26 official action in the case if there is no adjudication, the child
93-27 shall be given a written explanation of the child's rights under
94-1 this section and a copy of the provisions of this section.
94-2 (j) A person whose records have been sealed under this
94-3 section is not required in any proceeding or in any application for
94-4 employment, information, or licensing to state that the person has
94-5 been the subject of a proceeding under this title and any statement
94-6 that the person has never been found to be a delinquent child shall
94-7 never be held against the person in any criminal or civil
94-8 proceeding.
94-9 (k) A prosecuting attorney may, on application to the
94-10 juvenile court, reopen at any time the files and records of a
94-11 person adjudicated as having engaged in delinquent conduct that
94-12 violated a penal law of the grade of felony sealed by the court
94-13 under this section for the purposes of Sections 12.42(a)-(c) and
94-14 (e), Penal Code.
94-15 (l) On the motion of a person in whose name records are kept
94-16 or on the court's own motion, the court may order the destruction
94-17 of records that have been sealed under this section if:
94-18 (1) the records relate to conduct that did not violate
94-19 a penal law of the grade of felony or a misdemeanor punishable by
94-20 confinement in jail;
94-21 (2) five years have elapsed since the person's 16th
94-22 birthday; and
94-23 (3) the person has not been convicted of a felony.
94-24 Sec. 58.004. COMPILATION OF INFORMATION PERTAINING TO A
94-25 CRIMINAL COMBINATION. (a) A local criminal justice agency may
94-26 compile criminal information into a local system for the purpose of
94-27 investigating or prosecuting the criminal activities of criminal
95-1 combinations. Criminal information relating to a child associated
95-2 with a combination, utilizing the meaning assigned by Section
95-3 71.01, Penal Code, may be compiled and released to other local,
95-4 state, or federal criminal justice agencies and any court having
95-5 jurisdiction over a child, regardless of the age of the child. The
95-6 information may be compiled on paper, by photographs, by computer,
95-7 or in any other useful manner.
95-8 (b) In this section, "local criminal justice agency" means a
95-9 municipal or county agency, or school district law enforcement
95-10 agency, that is engaged in the administration of criminal justice
95-11 under a statute or executive order.
95-12 Sec. 58.005. CONFIDENTIALITY OF RECORDS. (a) Information
95-13 obtained for the purpose of diagnosis, examination, evaluation, or
95-14 treatment or for making a referral for treatment of a child by a
95-15 public or private agency or institution providing supervision of a
95-16 child by arrangement of the juvenile court or having custody of the
95-17 child under order of the juvenile court may be disclosed only to:
95-18 (1) the professional staff or consultants of the
95-19 agency or institution;
95-20 (2) the judge, probation officers, and professional
95-21 staff or consultants of the juvenile court;
95-22 (3) an attorney for the child;
95-23 (4) a governmental agency if the disclosure is
95-24 required or authorized by law;
95-25 (5) a person or entity to whom the child is referred
95-26 for treatment or services if the agency or institution disclosing
95-27 the information has entered into a written confidentiality
96-1 agreement with the person or entity regarding the protection of the
96-2 disclosed information;
96-3 (6) the Texas Department of Criminal Justice and the
96-4 Texas Juvenile Probation Commission for the purpose of maintaining
96-5 statistical records of recidivism and for diagnosis and
96-6 classification; or
96-7 (7) with leave of the juvenile court, any other
96-8 person, agency, or institution having a legitimate interest in the
96-9 proceeding or in the work of the court.
96-10 (b) This section does not apply to information collected
96-11 under Section 58.104.
96-12 Sec. 58.006. DESTRUCTION OF CERTAIN RECORDS. The court
96-13 shall order the destruction of the records relating to the conduct
96-14 for which a child is taken into custody, including records
96-15 contained in the juvenile justice information system, if:
96-16 (1) a determination that no probable cause exists to
96-17 believe the child engaged in the conduct is made under Section
96-18 53.01 and the case is not referred to a prosecutor for review under
96-19 Section 53.012; or
96-20 (2) a determination that no probable cause exists to
96-21 believe the child engaged in the conduct is made by a prosecutor
96-22 under Section 53.012.
96-23 Sec. 58.007. PHYSICAL RECORDS OR FILES. (a) This section
96-24 applies only to the inspection and maintenance of a physical record
96-25 or file concerning a child and does not affect the collection,
96-26 dissemination, or maintenance of information as provided by
96-27 Subchapter B. This section does not apply to a record or file
97-1 relating to a child that is required or authorized to be maintained
97-2 under the laws regulating the operation of motor vehicles in this
97-3 state.
97-4 (b) Except as provided by Article 15.27, Code of Criminal
97-5 Procedure, the records and files of a juvenile court, a clerk of
97-6 court, a juvenile probation department, or a prosecuting attorney
97-7 relating to a child who is a party to a proceeding under this title
97-8 are open to inspection only by:
97-9 (1) the judge, probation officers, and professional
97-10 staff or consultants of the juvenile court;
97-11 (2) a juvenile justice agency as that term is defined
97-12 by Section 58.101;
97-13 (3) an attorney for a party to the proceeding;
97-14 (4) a public or private agency or institution
97-15 providing supervision of the child by arrangement of the juvenile
97-16 court, or having custody of the child under juvenile court order;
97-17 or
97-18 (5) with leave of the juvenile court, any other
97-19 person, agency, or institution having a legitimate interest in the
97-20 proceeding or in the work of the court.
97-21 (c) Except as provided by Subsection (d), law enforcement
97-22 records and files concerning a child shall:
97-23 (1) be kept separate from adult files and records; and
97-24 (2) be maintained on a local basis only and not sent
97-25 to a central state or federal depository.
97-26 (d) The law enforcement files and records of a person who is
97-27 transferred from the Texas Youth Commission to the institutional
98-1 division or the pardons and paroles division of the Texas
98-2 Department of Criminal Justice may be transferred to a central
98-3 state or federal depository for adult records on or after the date
98-4 of transfer.
98-5 (e) Law enforcement records and files concerning a child may
98-6 be inspected by a juvenile justice agency as that term is defined
98-7 by Section 58.101 and a criminal justice agency as that term is
98-8 defined by Section 411.082, Government Code.
98-9 (f) If a child has been reported missing by a parent,
98-10 guardian, or conservator of that child, information about the child
98-11 may be forwarded to and disseminated by the Texas Crime Information
98-12 Center and the National Crime Information Center.
98-13 (Sections 58.008-58.100 reserved for expansion
98-14 SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM
98-15 Sec. 58.101. DEFINITIONS. In this subchapter:
98-16 (1) "Criminal justice agency" has the meaning assigned
98-17 by Section 411.082, Government Code.
98-18 (2) "Department" means the Department of Public Safety
98-19 of the State of Texas.
98-20 (3) "Disposition" means an action that results in the
98-21 termination, transfer of jurisdiction, or indeterminate suspension
98-22 of the prosecution of a juvenile offender.
98-23 (4) "Incident number" means a unique number assigned
98-24 to a child during a specific custodial or detention period or for a
98-25 specific referral to the office or official designated by the
98-26 juvenile court, if the juvenile offender was not taken into custody
98-27 before the referral.
99-1 (5) "Juvenile justice agency" means an agency that has
99-2 custody or control over juvenile offenders.
99-3 (6) "Juvenile offender" means a child who has been
99-4 assigned an incident number.
99-5 (7) "State identification number" means a unique
99-6 number assigned by the department to a child in the juvenile
99-7 justice information system.
99-8 (8) "Uniform incident fingerprint card" means a
99-9 multiple-part form containing a unique incident number with space
99-10 for information relating to the conduct for which a child has been
99-11 taken into custody, detained, or referred, the child's
99-12 fingerprints, and other relevant information.
99-13 Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The
99-14 department is responsible for recording data and maintaining a
99-15 database for a computerized juvenile justice information system
99-16 that serves:
99-17 (1) as the record creation point for the juvenile
99-18 justice information system maintained by the state; and
99-19 (2) as the control terminal for entry of records, in
99-20 accordance with federal law, rule, and policy, into the federal
99-21 records system maintained by the Federal Bureau of Investigation.
99-22 (b) The department shall develop and maintain the system
99-23 with the cooperation and advice of the:
99-24 (1) Texas Youth Commission;
99-25 (2) Texas Juvenile Probation Commission;
99-26 (3) Criminal Justice Policy Council; and
99-27 (4) juvenile courts and clerks of juvenile courts.
100-1 (c) The department may not collect or retain information
100-2 relating to a juvenile if this chapter prohibits or restricts the
100-3 collection or retention of the information.
100-4 (d) The database must contain the information required by
100-5 this subchapter.
100-6 (e) The department shall designate the offense codes and has
100-7 the sole responsibility for designating the state identification
100-8 number for each juvenile whose name appears in the juvenile justice
100-9 system.
100-10 Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile
100-11 justice information system is to:
100-12 (1) provide agencies and personnel within the juvenile
100-13 justice system accurate information relating to children who come
100-14 into contact with the juvenile justice system of this state;
100-15 (2) provide, where allowed by law, adult criminal
100-16 justice agencies accurate and easily accessible information
100-17 relating to children who come into contact with the juvenile
100-18 justice system;
100-19 (3) provide an efficient conversion, where
100-20 appropriate, of juvenile records to adult criminal records;
100-21 (4) improve the quality of data used to conduct impact
100-22 analyses of proposed legislative changes in the juvenile justice
100-23 system; and
100-24 (5) improve the ability of interested parties to
100-25 analyze the functioning of the juvenile justice system.
100-26 Sec. 58.104. TYPES OF INFORMATION COLLECTED. (a) Subject
100-27 to Subsection (f), the juvenile justice information system shall
101-1 consist of information relating to delinquent conduct committed by
101-2 a juvenile offender that, if the conduct had been committed by an
101-3 adult, would constitute a criminal offense other than an offense
101-4 punishable by a fine only, including information relating to:
101-5 (1) the juvenile offender;
101-6 (2) the intake or referral of the juvenile offender
101-7 into the juvenile justice system;
101-8 (3) the detention of the juvenile offender;
101-9 (4) the prosecution of the juvenile offender;
101-10 (5) the disposition of the juvenile offender's case,
101-11 including the name and description of any program to which the
101-12 juvenile offender is referred; and
101-13 (6) the probation or commitment of the juvenile
101-14 offender.
101-15 (b) To the extent possible and subject to Subsection (a),
101-16 the department shall include in the juvenile justice information
101-17 system the following information for each juvenile offender taken
101-18 into custody, detained, or referred under this title for delinquent
101-19 conduct:
101-20 (1) the juvenile offender's name, including other
101-21 names by which the juvenile offender is known;
101-22 (2) the juvenile offender's date and place of birth;
101-23 (3) the juvenile offender's physical description,
101-24 including sex, weight, height, race, ethnicity, eye color, hair
101-25 color, scars, marks, and tattoos;
101-26 (4) the juvenile offender's state identification
101-27 number, and other identifying information, as determined by the
102-1 department;
102-2 (5) the juvenile offender's fingerprints;
102-3 (6) the juvenile offender's last known residential
102-4 address, including the census tract number designation for the
102-5 address;
102-6 (7) the name and identifying number of the agency that
102-7 took into custody or detained the juvenile offender;
102-8 (8) the date of detention or custody;
102-9 (9) the conduct for which the juvenile offender was
102-10 taken into custody, detained, or referred, including level and
102-11 degree of the alleged offense;
102-12 (10) the name and identifying number of the juvenile
102-13 intake agency or juvenile probation office;
102-14 (11) each disposition by the juvenile intake agency or
102-15 juvenile probation office;
102-16 (12) the date of disposition by the juvenile intake
102-17 agency or juvenile probation office;
102-18 (13) the name and identifying number of the
102-19 prosecutor's office;
102-20 (14) each disposition by the prosecutor;
102-21 (15) the date of disposition by the prosecutor;
102-22 (16) the name and identifying number of the court;
102-23 (17) each disposition by the court, including
102-24 information concerning custody of a juvenile offender by a juvenile
102-25 justice agency or probation;
102-26 (18) the date of disposition by the court;
102-27 (19) any commitment or release under supervision by
103-1 the Texas Youth Commission;
103-2 (20) the date of any commitment or release under
103-3 supervision by the Texas Youth Commission; and
103-4 (21) a description of each appellate proceeding.
103-5 (c) The department may designate codes relating to the
103-6 information described by Subsection (b).
103-7 (d) The department shall designate a state identification
103-8 number for each juvenile offender.
103-9 (e) This subchapter does not apply to a disposition that
103-10 represents an administrative status notice of an agency described
103-11 by Section 58.102(b).
103-12 (f) Records maintained by the department in the depository
103-13 are subject to being sealed under Section 58.003. The department
103-14 shall send to the appropriate juvenile court its certification of
103-15 records that are eligible for sealing under Section 58.003(a).
103-16 Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board
103-17 shall provide for:
103-18 (1) the compilation and maintenance of records and
103-19 information needed for reporting information to the department
103-20 under this subchapter;
103-21 (2) the transmittal to the department, in the manner
103-22 provided by the department, of all records and information required
103-23 by the department under this subchapter; and
103-24 (3) access by the department to inspect records and
103-25 information to determine the completeness and accuracy of
103-26 information reported.
103-27 Sec. 58.106. CONFIDENTIALITY. (a) Except as provided by
104-1 Subsection (b), information contained in the juvenile justice
104-2 information system is confidential information for the use of the
104-3 department and may not be disseminated by the department except:
104-4 (1) with the permission of the juvenile offender, to
104-5 military personnel of this state or the United States;
104-6 (2) to a person or entity to which the department may
104-7 grant access to adult criminal history records as provided by
104-8 Section 411.083, Government Code;
104-9 (3) a juvenile justice agency; and
104-10 (4) to the Criminal Justice Policy Council, the Texas
104-11 Youth Commission, and the Texas Juvenile Probation Commission for
104-12 analytical purposes.
104-13 (b) Subsection (a) does not apply to a document maintained
104-14 by a juvenile justice agency that is the source of information
104-15 collected by the department.
104-16 Sec. 58.107. COMPATIBILITY OF DATA. Data supplied to the
104-17 juvenile justice information system must be compatible with the
104-18 system and must contain both incident numbers and state
104-19 identification numbers.
104-20 Sec. 58.108. DUTIES OF AGENCIES AND COURTS. (a) A juvenile
104-21 justice agency and a clerk of a juvenile court shall:
104-22 (1) compile and maintain records needed for reporting
104-23 data required by the department;
104-24 (2) transmit to the department in the manner provided
104-25 by the department data required by the department;
104-26 (3) give the department or its accredited agents
104-27 access to the agency or court for the purpose of inspection to
105-1 determine the completeness and accuracy of data reported; and
105-2 (4) cooperate with the department to enable the
105-3 department to perform its duties under this chapter.
105-4 (b) A juvenile justice agency and clerk of a court shall
105-5 retain documents described by this section.
105-6 Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. (a) The
105-7 department may provide for the use of a uniform incident
105-8 fingerprint card in the maintenance of the juvenile justice
105-9 information system.
105-10 (b) The department shall design, print, and distribute to
105-11 each law enforcement agency and juvenile intake agency uniform
105-12 incident fingerprint cards.
105-13 (c) The incident cards must:
105-14 (1) be serially numbered with an incident number in a
105-15 manner that allows each incident of referral of a juvenile offender
105-16 who is the subject of the incident fingerprint card to be readily
105-17 ascertained; and
105-18 (2) be multiple-part forms that can be transmitted
105-19 with the juvenile offender through the juvenile justice process and
105-20 that allow each agency to report required data to the department.
105-21 (d) Subject to available telecommunications capacity, the
105-22 department shall develop the capability to receive by electronic
105-23 means from a law enforcement agency the information on the uniform
105-24 incident fingerprint card. The information must be in a form that
105-25 is compatible to the form required of data supplied to the juvenile
105-26 justice information system.
105-27 Sec. 58.110. REPORTING. (a) The department by rule shall
106-1 develop reporting procedures that ensure that the juvenile offender
106-2 processing data is reported from the time a juvenile offender is
106-3 initially taken into custody, detained, or referred until the time
106-4 a juvenile offender is released from the jurisdiction of the
106-5 juvenile justice system.
106-6 (b) The law enforcement agency or the juvenile intake agency
106-7 that initiates the entry of the juvenile offender into the juvenile
106-8 justice information system for a specific incident shall prepare a
106-9 uniform incident fingerprint card and initiate the reporting
106-10 process for each incident reportable under this subchapter.
106-11 (c) The clerk of the court exercising jurisdiction over a
106-12 juvenile offender's case shall report the disposition of the case
106-13 to the department. A clerk of the court who violates this
106-14 subsection commits an offense. An offense under this subsection is
106-15 a Class C misdemeanor.
106-16 (d) In each county, the reporting agencies may make
106-17 alternative arrangements for reporting the required information,
106-18 including combined reporting or electronic reporting, if the
106-19 alternative reporting is approved by the juvenile board and the
106-20 department.
106-21 (e) Except as otherwise required by applicable state laws or
106-22 regulations, information required by this chapter to be reported to
106-23 the department shall be reported promptly. The information shall
106-24 be reported not later than the 30th day after the date the
106-25 information is received by the agency responsible for reporting the
106-26 information, except that a juvenile offender's custody, detention,
106-27 or referral without previous custody shall be reported to the
107-1 department not later than the seventh day after the date of the
107-2 custody, detention, or referral.
107-3 (f) Subject to available telecommunications capacity, the
107-4 department shall develop the capability to receive by electronic
107-5 means the information required under this section to be reported to
107-6 the department. The information must be in a form that is
107-7 compatible to the form required of data to be reported under this
107-8 section.
107-9 Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners
107-10 court of each county may create a local data advisory board to
107-11 perform the same duties relating to the juvenile justice
107-12 information system as the duties performed by a local data advisory
107-13 board in relation to the criminal history record system under
107-14 Article 60.09, Code of Criminal Procedure.
107-15 Sec. 58.112. REPORT TO LEGISLATURE. Not later than January
107-16 15 of each year, the Criminal Justice Policy Council shall submit
107-17 to the lieutenant governor, the speaker of the house of
107-18 representatives, and the governor a report that contains the
107-19 following statistical information relating to children referred to
107-20 a juvenile court during the preceding year:
107-21 (1) the ages, races, and counties of residence of the
107-22 children transferred to a district court or criminal district court
107-23 for criminal proceedings; and
107-24 (2) the ages, races, and counties of residence of the
107-25 children committed to the Texas Youth Commission, placed on
107-26 probation, or discharged without any disposition.
107-27 Sec. 58.113. WARRANTS. The department shall maintain in a
108-1 computerized database that is accessible by the same entities that
108-2 may access the juvenile justice information system information
108-3 relating to a warrant of arrest, as that term is defined by Article
108-4 15.01, Code of Criminal Procedure, or a directive to apprehend
108-5 under Section 52.015 for any child, without regard to whether the
108-6 child has been taken into custody.
108-7 CHAPTER 59. PROGRESSIVE SANCTIONS GUIDELINES
108-8 Sec. 59.001. PURPOSES. The purposes of the progressive
108-9 sanctions guidelines are to:
108-10 (1) ensure that juvenile offenders face uniform and
108-11 consistent consequences and punishments that correspond to the
108-12 seriousness of each offender's current offense, prior delinquent
108-13 history, special treatment or training needs, and effectiveness of
108-14 prior interventions;
108-15 (2) balance public protection and rehabilitation while
108-16 holding juvenile offenders accountable;
108-17 (3) permit flexibility in the decisions made in
108-18 relation to the juvenile offender to the extent allowed by law;
108-19 (4) consider the juvenile offender's circumstances;
108-20 and
108-21 (5) improve juvenile justice planning and resource
108-22 allocation by ensuring uniform and consistent reporting of
108-23 disposition decisions at all levels.
108-24 Sec. 59.002. SANCTION LEVEL ASSIGNMENT BY PROBATION
108-25 DEPARTMENT. (a) The probation department may assign a sanction
108-26 level of one to a child referred to the probation department under
108-27 Section 53.012.
109-1 (b) The probation department may assign a sanction level of
109-2 two to a child for whom deferred prosecution is authorized under
109-3 Section 53.03.
109-4 Sec. 59.003. SANCTION LEVEL ASSIGNMENT GUIDELINES. (a)
109-5 Subject to Subsection (e), after a child's first commission of
109-6 delinquent conduct or conduct indicating a need for supervision,
109-7 the probation department may or the juvenile court may, in a
109-8 disposition hearing under Section 54.04, assign a child one of the
109-9 following sanction levels according to the child's conduct:
109-10 (1) for conduct indicating a need for supervision,
109-11 other than a Class A or B misdemeanor, the sanction level is one;
109-12 (2) for a Class A or B misdemeanor, other than a
109-13 misdemeanor involving the use or possession of a firearm, or for
109-14 delinquent conduct under Section 51.03(a)(2) or (3), the sanction
109-15 level is two;
109-16 (3) for a misdemeanor involving the use or possession
109-17 of a firearm or for a state jail felony or a felony of the third
109-18 degree, the sanction level is three;
109-19 (4) for a felony of the second degree, the sanction
109-20 level is four;
109-21 (5) for a felony of the first degree, other than a
109-22 felony involving the use of a deadly weapon or causing serious
109-23 bodily injury, the sanction level is five;
109-24 (6) for a felony of the first degree involving the use
109-25 of a deadly weapon or causing serious bodily injury or for an
109-26 aggravated controlled substance felony, the sanction level is six
109-27 or, if the petition has been approved by a grand jury under Section
110-1 53.045, seven; or
110-2 (7) for a capital felony, the sanction level is seven.
110-3 (b) For a child's refusal to comply with the restrictions
110-4 and standards of behavior established by the parent or guardian and
110-5 the court, a parent or guardian may notify the court of the child's
110-6 refusal to comply, and the court may place the child at the next
110-7 level of sanction. Notification of the court by the parent or
110-8 guardian of the child's refusal satisfies the requirement of the
110-9 parent to make a reasonable good faith effort to prevent the child
110-10 from engaging in delinquent conduct or engaging in conduct
110-11 indicating a need for supervision.
110-12 (c) Subject to Subsection (e), if the child's subsequent
110-13 commission of delinquent conduct or conduct indicating a need for
110-14 supervision involves a violation of a penal law of a classification
110-15 that is the same as or greater than the classification of the
110-16 child's previous conduct, the juvenile court may assign the child a
110-17 sanction level that is one level higher than the previously
110-18 assigned sanction level, unless the child's previously assigned
110-19 sanction level is seven.
110-20 (d) Subject to Subsection (e), if the child's previously
110-21 assigned sanction level is four or five and the child's subsequent
110-22 commission of delinquent conduct is of the grade of felony, the
110-23 juvenile court may assign the child a sanction level that is one
110-24 level higher than the previously assigned sanction level.
110-25 (e) A juvenile court or probation department that deviates
110-26 from the guidelines under this section shall state in writing its
110-27 reasons for the deviation and submit the statement to the juvenile
111-1 board. Nothing in this chapter prohibits the imposition of
111-2 appropriate sanctions that are different from those provided at any
111-3 sanction level.
111-4 (f) The probation department may extend a period of
111-5 probation specified under sanction levels one through five if the
111-6 circumstances of the child warrant the extension and the probation
111-7 department notifies the juvenile court in writing of the extension
111-8 and the period of and reason for the extension. The court may on
111-9 notice to the probation department deny the extension.
111-10 Sec. 59.004. SANCTION LEVEL ONE. (a) For a child at
111-11 sanction level one, the juvenile court or probation department may:
111-12 (1) require counseling for the child regarding the
111-13 child's conduct;
111-14 (2) inform the child of the progressive sanctions that
111-15 may be imposed on the child if the child continues to engage in
111-16 delinquent conduct or conduct indicating a need for supervision;
111-17 (3) inform the child's parents or guardians of the
111-18 parents' or guardians' responsibility to impose reasonable
111-19 restrictions on the child to prevent the conduct from recurring;
111-20 (4) provide information or other assistance to the
111-21 child or the child's parents or guardians in securing needed social
111-22 services;
111-23 (5) require the child or the child's parents or
111-24 guardians to participate in a program for services under Section
111-25 264.302;
111-26 (6) refer the child to a community-based citizen
111-27 intervention program approved by the juvenile court; and
112-1 (7) release the child to the child's parents or
112-2 guardians.
112-3 (b) The probation department shall discharge the child from
112-4 the custody of the probation department after the provisions of
112-5 this section are met.
112-6 Sec. 59.005. SANCTION LEVEL TWO. (a) For a child at
112-7 sanction level two, the juvenile court or the probation department
112-8 may:
112-9 (1) place the child on court-ordered or informal
112-10 probation for not less than three months or more than six months;
112-11 (2) require the child to make restitution to the
112-12 victim of the child's conduct or perform community service
112-13 restitution appropriate to the nature and degree of harm caused and
112-14 according to the child's ability;
112-15 (3) require the child's parents or guardians to
112-16 identify restrictions the parents or guardians will impose on the
112-17 child's activities and requirements the parents or guardians will
112-18 set for the child's behavior;
112-19 (4) provide the information required under Sections
112-20 59.004(a)(2) and (4);
112-21 (5) require the child or the child's parents or
112-22 guardians to participate in a program for services under Section
112-23 264.302;
112-24 (6) refer the child to a community-based citizen
112-25 intervention program approved by the juvenile court; and
112-26 (7) if appropriate, impose additional conditions of
112-27 probation.
113-1 (b) The juvenile court or the probation department shall
113-2 discharge the child from the custody of the probation department on
113-3 the date the provisions of this section are met or on the child's
113-4 18th birthday, whichever is earlier.
113-5 Sec. 59.006. SANCTION LEVEL THREE. (a) For a child at
113-6 sanction level three, the juvenile court may:
113-7 (1) place the child on probation for not less than six
113-8 months;
113-9 (2) require the child to make restitution to the
113-10 victim of the child's conduct or perform community service
113-11 restitution appropriate to the nature and degree of harm caused and
113-12 according to the child's ability;
113-13 (3) impose specific restrictions on the child's
113-14 activities and requirements for the child's behavior as conditions
113-15 of probation;
113-16 (4) require a probation officer to closely monitor the
113-17 child's activities and behavior;
113-18 (5) require the child or the child's parents or
113-19 guardians to participate in programs or services designated by the
113-20 court or probation officer; and
113-21 (6) if appropriate, impose additional conditions of
113-22 probation.
113-23 (b) The juvenile court shall discharge the child from the
113-24 custody of the probation department on the date the provisions of
113-25 this section are met or on the child's 18th birthday, whichever is
113-26 earlier.
113-27 Sec. 59.007. SANCTION LEVEL FOUR. (a) For a child at
114-1 sanction level four, the juvenile court may:
114-2 (1) require the child to participate as a condition of
114-3 probation for not less than three months in a highly intensive and
114-4 regimented program that emphasizes discipline, physical fitness,
114-5 social responsibility, and productive work;
114-6 (2) after release from the program described by
114-7 Subdivision (1), continue the child on probation supervision for
114-8 not less than six months or more than 12 months;
114-9 (3) require the child to make restitution to the
114-10 victim of the child's conduct or perform community service
114-11 restitution appropriate to the nature and degree of harm caused and
114-12 according to the child's ability;
114-13 (4) impose highly structured restrictions on the
114-14 child's activities and requirements for behavior of the child as
114-15 conditions of probation;
114-16 (5) require a probation officer to closely monitor the
114-17 child;
114-18 (6) require the child or the child's parents or
114-19 guardians to participate in programs or services designed to
114-20 address their particular needs and circumstances; and
114-21 (7) if appropriate, impose additional sanctions.
114-22 (b) The juvenile court shall discharge the child from the
114-23 custody of the probation department on the date the provisions of
114-24 this section are met or on the child's 18th birthday, whichever is
114-25 earlier.
114-26 Sec. 59.008. SANCTION LEVEL FIVE. (a) For a child at
114-27 sanction level five, the juvenile court may:
115-1 (1) require the child to participate as a condition of
115-2 probation for not less than six months or more than nine months in
115-3 a highly structured residential program that emphasizes discipline,
115-4 accountability, physical fitness, and productive work;
115-5 (2) after release from the program described by
115-6 Subdivision (1), continue the child on probation supervision for
115-7 not less than six months or more than 12 months;
115-8 (3) require the child to make restitution to the
115-9 victim of the child's conduct or perform community service
115-10 restitution appropriate to the nature and degree of harm caused and
115-11 according to the child's ability;
115-12 (4) impose highly structured restrictions on the
115-13 child's activities and requirements for behavior of the child as
115-14 conditions of probation;
115-15 (5) require a probation officer to closely monitor the
115-16 child;
115-17 (6) require the child or the child's parents or
115-18 guardians to participate in programs or services designed to
115-19 address their particular needs and circumstances; and
115-20 (7) if appropriate, impose additional sanctions.
115-21 (b) The juvenile court shall discharge the child from the
115-22 custody of the probation department on the date the provisions of
115-23 this section are met or on the child's 18th birthday, whichever is
115-24 earlier.
115-25 Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at
115-26 sanction level six, the juvenile court shall commit the child to
115-27 the custody of the Texas Youth Commission. The commission may:
116-1 (1) require the child to participate in a highly
116-2 structured residential program that emphasizes discipline,
116-3 accountability, fitness, training, and productive work for not less
116-4 than nine months or more than 24 months unless the commission
116-5 extends the period and the reason for an extension is documented;
116-6 (2) require the child to make restitution to the
116-7 victim of the child's conduct or perform community service
116-8 restitution appropriate to the nature and degree of the harm caused
116-9 and according to the child's ability, if there is a victim of the
116-10 child's conduct;
116-11 (3) require the child and the child's parents or
116-12 guardians to participate in programs and services for their
116-13 particular needs and circumstances; and
116-14 (4) if appropriate, impose additional sanctions.
116-15 (b) On release of the child under supervision, the Texas
116-16 Youth Commission parole programs may:
116-17 (1) impose highly structured restrictions on the
116-18 child's activities and requirements for behavior of the child as
116-19 conditions of release under supervision;
116-20 (2) require a parole officer to closely monitor the
116-21 child for not less than six months; and
116-22 (3) if appropriate, impose any other conditions of
116-23 supervision.
116-24 (c) The Texas Youth Commission may discharge the child from
116-25 the commission's custody on the date the provisions of this section
116-26 are met or on the child's 19th birthday, whichever is earlier.
116-27 Sec. 59.010. SANCTION LEVEL SEVEN. (a) For a child at
117-1 sanction level seven, the juvenile court shall sentence the child
117-2 to commitment to the Texas Youth Commission under Section
117-3 54.04(d)(3), 54.04(m), or 54.05(f). The commission may:
117-4 (1) require the child to participate in a highly
117-5 structured residential program that emphasizes discipline,
117-6 accountability, fitness, training, and productive work for not less
117-7 than 12 months or more than 10 years unless the commission extends
117-8 the period and the reason for the extension is documented;
117-9 (2) require the child to make restitution to the
117-10 victim of the child's conduct or perform community service
117-11 restitution appropriate to the nature and degree of harm caused and
117-12 according to the child's ability, if there is a victim of the
117-13 child's conduct;
117-14 (3) require the child and the child's parents or
117-15 guardians to participate in programs and services for their
117-16 particular needs and circumstances; and
117-17 (4) impose any other appropriate sanction.
117-18 (b) On release of the child under supervision, the Texas
117-19 Youth Commission parole programs may:
117-20 (1) impose highly structured restrictions on the
117-21 child's activities and requirements for behavior of the child as
117-22 conditions of release under supervision;
117-23 (2) require a parole officer to monitor the child
117-24 closely for not less than 12 months; and
117-25 (3) impose any other appropriate condition of
117-26 supervision.
117-27 Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
118-1 prepare a report to the Texas Juvenile Probation Commission, at
118-2 least quarterly on forms provided by the commission, showing the
118-3 referrals, probation or progressive sanctions violations, and
118-4 commitments to the Texas Youth Commission administered under this
118-5 chapter according to the progressive sanctions guidelines and the
118-6 reasons for any deviations from the guidelines.
118-7 Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
118-8 (a) The Texas Youth Commission shall compile information, at least
118-9 quarterly, showing the commitments, placements, parole releases,
118-10 and revocations administered under this chapter according to the
118-11 progressive sanctions guidelines and the reasons for any deviation
118-12 from the guidelines.
118-13 (b) The Texas Juvenile Probation Commission and the Texas
118-14 Youth Commission shall compile the information obtained under this
118-15 section and Section 59.011 and submit this information to the
118-16 Criminal Justice Policy Council.
118-17 (c) The Criminal Justice Policy Council shall analyze the
118-18 information compiled by the Texas Juvenile Probation Commission and
118-19 the Texas Youth Commission under this section and submit the
118-20 council's findings and recommendations at least annually to the
118-21 governor and both houses of the legislature showing the primary
118-22 reasons for any deviation and the effect of the implementation of
118-23 the sanctions guidelines on recidivism rates.
118-24 Sec. 59.013. LIABILITY. The Texas Youth Commission, a
118-25 juvenile board, a court, a person appointed by a court, an attorney
118-26 for the state, a peace officer, or a law enforcement agency is not
118-27 liable for a failure or inability to provide a service listed under
119-1 Sections 59.004-59.010.
119-2 Sec. 59.014. APPEAL. The failure or inability of any person
119-3 to provide a service listed under Sections 59.004-59.010 or the
119-4 failure of a court or of any person to make a sanction level
119-5 assignment as provided in Section 59.002 or 59.003 may not be used
119-6 by a child as a ground for appeal or for a postconviction writ of
119-7 habeas corpus.
119-8 Sec. 59.015. WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS.
119-9 On a finding by the juvenile court or probation department that a
119-10 child's parents or guardians have made a reasonable good faith
119-11 effort to prevent the child from engaging in delinquent conduct or
119-12 engaging in conduct indicating a need for supervision and that,
119-13 despite the parents' or guardians' efforts, the child continues to
119-14 engage in such conduct, the court or probation department shall
119-15 waive any sanction that may be imposed on the parents or guardians
119-16 at any sanction level.
119-17 CHAPTER 60. UNIFORM INTERSTATE COMPACT ON JUVENILES
119-18 Sec. 60.001. SHORT TITLE. This chapter may be cited as the
119-19 Uniform Interstate Compact on Juveniles.
119-20 Sec. 60.002. EXECUTION OF INTERSTATE COMPACT. The governor
119-21 shall execute a compact on behalf of the state with any other state
119-22 or states legally joining in it in substantially the following
119-23 form:
119-24 INTERSTATE COMPACT ON JUVENILES
119-25 The contracting states solemnly agree:
119-26 Article I
119-27 FINDINGS AND PURPOSE
120-1 That juveniles who are not under proper supervision and
120-2 control, or who have absconded, escaped, or run away are likely to
120-3 endanger their own health, morals, and welfare, and the health,
120-4 morals, and welfare of others. The cooperation of the states party
120-5 to this compact is therefore necessary to provide for the welfare
120-6 and protection of juveniles and of the public with respect to (1)
120-7 cooperative supervision of delinquent juveniles on probation or
120-8 parole; (2) the return, from one state to another, of delinquent
120-9 juveniles who have escaped or absconded; (3) the return, from one
120-10 state to another, of nondelinquent juveniles who have run away from
120-11 home; and (4) additional measures for the protection of juveniles
120-12 and of the public, which any two or more of the party states may
120-13 find desirable to undertake cooperatively. In carrying out the
120-14 provisions of this compact the party states shall be guided by the
120-15 noncriminal, reformative, and protective policies which guide their
120-16 laws concerning delinquent, neglected, or dependent juveniles
120-17 generally. It shall be the policy of the states party to this
120-18 compact to cooperate and observe their respective responsibilities
120-19 for the prompt return and acceptance of juveniles and delinquent
120-20 juveniles who become subject to the provisions of this compact.
120-21 The provisions of this compact shall be reasonably and liberally
120-22 construed to accomplish the foregoing purposes.
120-23 Article II
120-24 EXISTING RIGHTS AND REMEDIES
120-25 That all remedies and procedures provided by this compact
120-26 shall be in addition to and not in substitution for other rights,
120-27 remedies, and procedures, and shall not be in derogation of
121-1 parental rights and responsibilities.
121-2 Article III
121-3 DEFINITIONS
121-4 That, for the purpose of this compact, "delinquent juvenile"
121-5 means any juvenile who has been adjudged delinquent and who, at the
121-6 time the provisions of this compact are invoked, is still subject
121-7 to the jurisdiction of the court that has made such adjudication or
121-8 to the jurisdiction or supervision of an agency or institution
121-9 pursuant to an order of such court; "probation or parole" means any
121-10 kind of conditional release of juveniles authorized under the laws
121-11 of the states party hereto; "court" means any court having
121-12 jurisdiction over delinquent, neglected, or dependent children;
121-13 "state" means any state, territory, or possessions of the United
121-14 States, the District of Columbia, and the Commonwealth of Puerto
121-15 Rico; and "residence" or any variant thereof means a place at which
121-16 a home or regular place of abode is maintained.
121-17 Article IV
121-18 RETURN OF RUNAWAYS
121-19 (a) That the parent, guardian, person, or agency entitled to
121-20 legal custody of a juvenile who has not been adjudged delinquent
121-21 but who has run away without the consent of such parent, guardian,
121-22 person, or agency may petition the appropriate court in the
121-23 demanding state for the issuance of a requisition for his return.
121-24 The petition shall state the name and age of the juvenile, the name
121-25 of the petitioner, and the basis of entitlement to the juvenile's
121-26 custody, the circumstances of his running away, his location if
121-27 known at the time application is made, and such other facts as may
122-1 tend to show that the juvenile who has run away is endangering his
122-2 own welfare or the welfare of others and is not an emancipated
122-3 minor. The petition shall be verified by affidavit, shall be
122-4 executed in duplicate, and shall be accompanied by two certified
122-5 copies of the document or documents on which the petitioner's
122-6 entitlement to the juvenile's custody is based, such as birth
122-7 certificates, letters of guardianship, or custody decrees. Such
122-8 further affidavits and other documents as may be deemed proper may
122-9 be submitted with such petition. The judge of the court to which
122-10 this application is made may hold a hearing thereon to determine
122-11 whether for the purposes of this compact the petitioner is entitled
122-12 to the legal custody of the juvenile, whether or not it appears
122-13 that the juvenile has in fact run away without consent, whether or
122-14 not he is an emancipated minor, and whether or not it is in the
122-15 best interest of the juvenile to compel his return to the state.
122-16 If the judge determines, either with or without a hearing, that the
122-17 juvenile should be returned, he shall present to the appropriate
122-18 court or to the executive authority of the state where the juvenile
122-19 is alleged to be located a written requisition for the return of
122-20 such juvenile. Such requisition shall set forth the name and age
122-21 of the juvenile, the determination of the court that the juvenile
122-22 has run away without the consent of a parent, guardian, person, or
122-23 agency entitled to his legal custody, and that it is in the best
122-24 interest and for the protection of such juvenile that he be
122-25 returned. In the event that a proceeding for the adjudication of
122-26 the juvenile as a delinquent, neglected, or dependent juvenile is
122-27 pending in the court at the time when such juvenile runs away, the
123-1 court may issue a requisition for the return of such juvenile upon
123-2 its own motion, regardless of the consent of the parent, guardian,
123-3 person, or agency entitled to legal custody, reciting therein the
123-4 nature and circumstances of the pending proceeding. The
123-5 requisition shall in every case be executed in duplicate and shall
123-6 be signed by the judge. One copy of the requisition shall be filed
123-7 with the compact administrator of the demanding state, there to
123-8 remain on file subject to the provisions of law governing records
123-9 of such court. Upon the receipt of a requisition demanding the
123-10 return of a juvenile who has run away, the court or the executive
123-11 authority to whom the requisition is addressed shall issue an order
123-12 to any peace officer or other appropriate person directing him to
123-13 take into custody and detain such juvenile. Such detention order
123-14 must substantially recite the facts necessary to the validity of
123-15 its issuance hereunder. No juvenile detained upon such order shall
123-16 be delivered over to the officer whom the court demanding him shall
123-17 have appointed to receive him unless he shall first be taken
123-18 forthwith before a judge of a court in the state, who shall inform
123-19 him of the demand made for his return, and who may appoint counsel
123-20 or guardian ad litem for him. If the judge of such court shall
123-21 find that the requisition is in order, he shall deliver such
123-22 juvenile over to the officer whom the court demanding him shall
123-23 have appointed to receive him. The judge, however, may fix a
123-24 reasonable time to be allowed for the purpose of testing the
123-25 legality of the proceeding.
123-26 Upon reasonable information that a person is a juvenile who
123-27 has run away from another state party to this compact without the
124-1 consent of a parent, guardian, person, or agency entitled to his
124-2 legal custody, such juvenile may be taken into custody without a
124-3 requisition and brought forthwith before a judge of the appropriate
124-4 court who may appoint counsel or guardian ad litem for such
124-5 juvenile and who shall determine after a hearing whether sufficient
124-6 cause exists to hold the person, subject to the order of the court,
124-7 for his own protection and welfare, for such a time not exceeding
124-8 90 days as will enable his return to another state party to this
124-9 compact pursuant to a requisition for his return from a court of
124-10 that state. If, at the time when a state seeks the return of a
124-11 juvenile who has run away, there is pending in the state wherein he
124-12 is found any criminal charge, or any proceeding to have him
124-13 adjudicated a delinquent juvenile for an act committed in such
124-14 state, or if he is suspected of having committed within such state
124-15 a criminal offense or an act of juvenile delinquency, he shall not
124-16 be returned without the consent of such state until discharged from
124-17 prosecution or other form of proceeding, imprisonment, detention,
124-18 or supervision for such offense of juvenile delinquency. The duly
124-19 accredited officers of any state party to this compact, upon the
124-20 establishment of their authority and the identity of the juvenile
124-21 being returned, shall be permitted to transport such juvenile
124-22 through any and all states party to this compact, without
124-23 interference. Upon his return to the state from which he ran away,
124-24 the juvenile shall be subject to such further proceedings as may be
124-25 appropriate under the laws of that state.
124-26 (b) That the state to which a juvenile is returned under
124-27 this article shall be responsible for payment of the transportation
125-1 costs of such return.
125-2 (c) That "juvenile" as used in this article means any person
125-3 who is a minor under the law of the state of residence of the
125-4 parent, guardian, person, or agency entitled to the legal custody
125-5 of such minor.
125-6 Article V
125-7 RETURN OF ESCAPEES AND ABSCONDERS
125-8 (a) That the appropriate person or authority from whose
125-9 probation or parole supervision a delinquent juvenile has absconded
125-10 or from whose institutional custody he has escaped shall present to
125-11 the appropriate court or to the executive authority of the state
125-12 where the delinquent juvenile is alleged to be located a written
125-13 requisition for the return of such delinquent juvenile. Such
125-14 requisition shall state the name and age of the delinquent
125-15 juvenile, the particulars of his adjudication as a delinquent
125-16 juvenile, the circumstances of the breach of the terms of his
125-17 probation or parole or of his escape from an institution or agency
125-18 vested with his legal custody or supervision, and the location of
125-19 such delinquent juvenile, if known, at the time the requisition is
125-20 made. The requisition shall be verified by affidavit, shall be
125-21 executed in duplicate, and shall be accompanied by two certified
125-22 copies of the judgment, formal adjudication, or order of commitment
125-23 which subjects such delinquent juvenile to probation or parole or
125-24 to the legal custody of the institution or agency concerned. Such
125-25 further affidavits and other documents as may be deemed proper may
125-26 be submitted with such requisition. One copy of the requisition
125-27 shall be filed with the compact administrator of the demanding
126-1 state, there to remain on file subject to the provisions of law
126-2 governing records of the appropriate court. Upon the receipt of a
126-3 requisition demanding the return of a delinquent juvenile who has
126-4 absconded or escaped, the court or the executive authority to whom
126-5 the requisition is addressed shall issue an order to any peace
126-6 officer or other appropriate person directing him to take into
126-7 custody and detain such delinquent juvenile. Such detention order
126-8 must substantially recite the facts necessary to the validity of
126-9 its issuance hereunder. No delinquent juvenile detained upon such
126-10 order shall be delivered over to the officer whom the appropriate
126-11 person or authority demanding him shall have appointed to receive
126-12 him unless he shall first be taken forthwith before a judge of an
126-13 appropriate court in the state, who shall inform him of the demand
126-14 made for his return and who may appoint counsel or guardian ad
126-15 litem for him. If the judge of such court shall find that the
126-16 requisition is in order, he shall deliver such delinquent juvenile
126-17 over to the officer whom the appropriate person or authority
126-18 demanding him shall have appointed to receive him. The judge,
126-19 however, may fix a reasonable time to be allowed for the purpose of
126-20 testing the legality of the proceeding.
126-21 Upon reasonable information that a person is a delinquent
126-22 juvenile who has absconded while on probation or parole, or escaped
126-23 from an institution or agency vested with this legal custody or
126-24 supervision in any state party to this compact, such person may be
126-25 taken into custody in any other state party to this compact without
126-26 a requisition. But in such event, he must be taken forthwith
126-27 before a judge of the appropriate court, who may appoint counsel or
127-1 guardian ad litem for such person and who shall determine, after a
127-2 hearing, whether sufficient cause exists to hold the person subject
127-3 to the order of the court for such a time, not exceeding 90 days,
127-4 as will enable his detention under a detention order issued on a
127-5 requisition pursuant to this article. If, at the time when a state
127-6 seeks the return of a delinquent juvenile who has either absconded
127-7 while on probation or parole or escaped from an institution or
127-8 agency vested with his legal custody or supervision, there is
127-9 pending in the state wherein he is detained any criminal charge or
127-10 any proceeding to have him adjudicated a delinquent juvenile for an
127-11 act committed in such state, or if he is suspected of having
127-12 committed within such state a criminal offense or an act of
127-13 juvenile delinquency, he shall not be returned without the consent
127-14 of such state until discharged from prosecution or other form of
127-15 proceeding, imprisonment, detention, or supervision for such
127-16 offense of juvenile delinquency. The duly accredited officers of
127-17 any state party to this compact, upon the establishment of their
127-18 authority and the identity of the delinquent juvenile being
127-19 returned, shall be permitted to transport such delinquent juvenile
127-20 through any and all states party to this compact, without
127-21 interference. Upon his return to the state from which he escaped
127-22 or absconded, the delinquent juvenile shall be subject to such
127-23 further proceedings as may be appropriate under the laws of that
127-24 state.
127-25 (b) That the state to which a delinquent juvenile is
127-26 returned under this article shall be responsible for the payment of
127-27 the transportation costs of such return.
128-1 Article VI
128-2 VOLUNTARY RETURN PROCEDURE
128-3 That any delinquent juvenile who has absconded while on
128-4 probation or parole, or escaped from an institution or agency
128-5 vested with his legal custody or supervision in any state party to
128-6 this compact, and any juvenile who has run away from any state
128-7 party to this compact, who is taken into custody without a
128-8 requisition in another state party to this compact under the
128-9 provisions of Article IV(a) or of Article V(a), may consent to his
128-10 immediate return to the state from which he absconded, escaped, or
128-11 ran away. Such consent shall be given by the juvenile or
128-12 delinquent juvenile and his counsel or guardian ad litem, if any,
128-13 by executing or subscribing in writing, in the presence of a judge
128-14 of the appropriate court, which states that the juvenile or
128-15 delinquent juvenile and his counsel or guardian ad litem, if any,
128-16 consent to his return to the demanding state. Before such consent
128-17 shall be executed or subscribed, however, the judge, in the
128-18 presence of counsel or guardian ad litem, if any, shall inform the
128-19 juvenile or delinquent juvenile of his rights under this compact.
128-20 When the consent has been duly executed, it shall be forwarded to
128-21 and filed with the compact administrator of the state in which the
128-22 court is located and the judge shall direct the officer having the
128-23 juvenile or delinquent juvenile in custody to deliver him to the
128-24 duly accredited officer or officers of the state demanding his
128-25 return, and shall cause to be delivered to such officer or officers
128-26 a copy of the consent. The court may, however, upon the request of
128-27 the state to which the juvenile or delinquent juvenile is being
129-1 returned, order him to return unaccompanied to such state and shall
129-2 provide him with a copy of such court order; in such event a copy
129-3 of the consent shall be forwarded to the compact administrator of
129-4 the state to which said juvenile or delinquent juvenile is ordered
129-5 to return.
129-6 Article VII
129-7 COOPERATIVE SUPERVISION OF PROBATIONERS AND PAROLEES
129-8 (a) That the duly constituted judicial and administrative
129-9 authorities of a state party to this compact (herein called
129-10 "sending state") may permit any delinquent juvenile within such
129-11 state, placed on probation or parole, to reside in any other state
129-12 party to this compact (herein called "receiving state") while on
129-13 probation or parole, and the receiving state shall accept such
129-14 delinquent juvenile, if the parent, guardian, or person entitled to
129-15 the legal custody of such delinquent juvenile is residing or
129-16 undertakes to reside within the receiving state. Before granting
129-17 such permission, opportunity shall be given to the receiving state
129-18 to make such investigations as it deems necessary. The authorities
129-19 of the sending state shall send to the authorities of the receiving
129-20 state copies of pertinent court orders, social case studies, and
129-21 all other available information which may be of value to and assist
129-22 the receiving state in supervising a probationer or parolee under
129-23 this compact. A receiving state, in its discretion, may agree to
129-24 accept supervision of a probationer or parolee in cases where the
129-25 parent, guardian, or person entitled to the legal custody of the
129-26 delinquent juvenile is not a resident of the receiving state, and
129-27 if so accepted the sending state may transfer supervision
130-1 accordingly.
130-2 (b) That each receiving state will assume the duties of
130-3 visitation and of supervision over any such delinquent juvenile and
130-4 in the exercise of those duties will be governed by the same
130-5 standards of visitation and supervision that prevail for its own
130-6 delinquent juveniles released on probation or parole.
130-7 (c) That, after consultation between the appropriate
130-8 authorities of the sending state and of the receiving state as to
130-9 the desirability and necessity of returning such a delinquent
130-10 juvenile, the duly accredited officers of a sending state may enter
130-11 a receiving state and there apprehend and retake any such
130-12 delinquent juvenile on probation or parole. For that purpose, no
130-13 formalities will be required, other than establishing the authority
130-14 of the officer and the identity of the delinquent juvenile to be
130-15 retaken and returned. The decision of the sending state to retake
130-16 a delinquent juvenile on probation or parole shall be conclusive
130-17 upon and not reviewable within the receiving state, but if, at the
130-18 time the sending state seeks to retake a delinquent juvenile on
130-19 probation or parole, there is pending against him within the
130-20 receiving state any criminal charge or any proceedings to have him
130-21 adjudicated a delinquent juvenile for any act committed in such
130-22 state or if he is suspected of having committed within such state a
130-23 criminal offense or an act of juvenile delinquency, he shall not be
130-24 returned without the consent of the receiving state until
130-25 discharged from prosecution or other form of proceeding,
130-26 imprisonment, detention, or supervision for such offense of
130-27 juvenile delinquency. The duly accredited officers of the sending
131-1 state shall be permitted to transport delinquent juveniles being so
131-2 returned through any and all states party to this compact, without
131-3 interference.
131-4 (d) That the sending state shall be responsible under this
131-5 article for paying the costs of transporting any delinquent
131-6 juvenile to the receiving state or of returning any delinquent
131-7 juvenile to the sending state.
131-8 Article VIII
131-9 RESPONSIBILITY FOR COSTS
131-10 (a) That the provisions of Articles IV(b), V(b), and VII(d)
131-11 of this compact shall not be construed to alter or affect any
131-12 internal relationship among the departments, agencies, and officers
131-13 of and in the government of a party state, or between a party state
131-14 and its subdivisions, as to the payment of costs, or
131-15 responsibilities therefor.
131-16 (b) That nothing in this compact shall be construed to
131-17 prevent any party state or subdivision thereof from asserting any
131-18 right against any person, agency, or other entity in regard to
131-19 costs for which such party state or subdivision thereof may be
131-20 responsible pursuant to Articles IV(b), V(b), or VII(d) of this
131-21 compact.
131-22 Article IX
131-23 DETENTION PRACTICES
131-24 That, to every extent possible, it shall be the policy of
131-25 states party to this compact that no juvenile or delinquent
131-26 juvenile shall be placed or detained in any prison, jail, or lockup
131-27 nor be detained or transported in association with criminal,
132-1 vicious, or dissolute persons.
132-2 Article X
132-3 SUPPLEMENTARY AGREEMENTS
132-4 That the duly constituted administrative authorities of a
132-5 state party to this compact may enter into supplementary agreements
132-6 with any other state or states party hereto for the cooperative
132-7 care, treatment, and rehabilitation of delinquent juveniles
132-8 whenever they shall find that such agreements will improve the
132-9 facilities or programs available for such care, treatment, and
132-10 rehabilitation. Such care, treatment, and rehabilitation may be
132-11 provided in an institution located within any state entering into
132-12 such supplementary agreement. Such supplementary agreements shall
132-13 (1) provide the rates to be paid for the care, treatment, and
132-14 custody of such delinquent juveniles, taking into consideration the
132-15 character of facilities, services, and subsistence furnished; (2)
132-16 provide that the delinquent juvenile shall be given a court hearing
132-17 prior to his being sent to another state for care, treatment, and
132-18 custody; (3) provide that the state receiving such a delinquent
132-19 juvenile in one of its institutions shall act solely as agent for
132-20 the state sending such delinquent juvenile; (4) provide that the
132-21 sending state shall at all times retain jurisdiction over
132-22 delinquent juveniles sent to an institution in another state; (5)
132-23 provide for reasonable inspection of such institutions by the
132-24 sending state; (6) provide that the consent of the parent,
132-25 guardian, person, or agency entitled to the legal custody of said
132-26 delinquent juvenile shall be secured prior to his being sent to
132-27 another state; and (7) make provision for such other matters and
133-1 details as shall be necessary to protect the rights and equities of
133-2 such delinquent juveniles and of the cooperating states.
133-3 Article XI
133-4 ACCEPTANCE OF FEDERAL AND OTHER AID
133-5 That any state party to this compact may accept any and all
133-6 donations, gifts, and grants of money, equipment, and services from
133-7 the federal or any local government, or any agency thereof and from
133-8 any person, firm, or corporation, for any of the purposes and
133-9 functions of this compact, and may receive and utilize the same,
133-10 subject to the terms, conditions, and regulations governing such
133-11 donations, gifts, and grants.
133-12 Article XII
133-13 COMPACT ADMINISTRATORS
133-14 That the governor of each state party to this compact shall
133-15 designate an officer who, acting jointly with like officers of
133-16 other party states, shall promulgate rules and regulations to carry
133-17 out more effectively the terms and provisions of this compact.
133-18 Article XIII
133-19 EXECUTION OF COMPACT
133-20 That this compact shall become operative immediately upon its
133-21 execution by any state as between it and any other state or states
133-22 so executing. When executed it shall have the full force and
133-23 effect of law within such state, the form or execution to be in
133-24 accordance with the laws of the executing state.
133-25 Article XIV
133-26 RENUNCIATION
133-27 That this compact shall continue in force and remain binding
134-1 upon each executing state until renounced by it. Renunciation of
134-2 this compact shall be by the same authority which executed it, by
134-3 sending six months notice in writing of its intention to withdraw
134-4 from the compact to the other states party hereto. The duties and
134-5 obligations of a renouncing state under Article VII hereof shall
134-6 continue as to parolees and probationers residing therein at the
134-7 time of withdrawal until retaken or finally discharged.
134-8 Supplementary agreements entered into under Article X hereof shall
134-9 be subject to renunciation as provided by such supplementary
134-10 agreements, and shall not be subject to the six months renunciation
134-11 notice of the present article.
134-12 Article XV
134-13 SEVERABILITY
134-14 That the provisions of this compact shall be severable and if
134-15 any phrase, clause, sentence, or provision of this compact is
134-16 declared to be contrary to the constitution of any participating
134-17 state or of the United States or the applicability thereof to any
134-18 government, agency, person, or circumstance is held invalid, the
134-19 validity of the remainder of this compact and the applicability
134-20 thereof to any government, agency, person, or circumstances shall
134-21 not be affected thereby. If this compact shall be held contrary to
134-22 the constitution of any state participating therein, the compact
134-23 shall remain in full force and effect as to the remaining states
134-24 and in full force and effect as to the state affected as to all
134-25 severable matters.
134-26 Sec. 60.003. EXECUTION OF ADDITIONAL ARTICLE. The governor
134-27 shall also execute on the behalf of the state with any other state
135-1 or states legally joining in it, an additional article to the
135-2 Interstate Compact on Juveniles in substantially the following
135-3 form:
135-4 Article XVI
135-5 ADDITIONAL ARTICLE
135-6 That this article shall provide additional remedies, and
135-7 shall be binding only as among and between those party states which
135-8 specifically execute the same.
135-9 For the purposes of this article, "child," as used herein,
135-10 means any minor within the jurisdictional age limits of any court
135-11 in the home state.
135-12 When any child is brought before a court of a state of which
135-13 such child is not a resident, and such state is willing to permit
135-14 such child's return to the home state of such child, such home
135-15 state, upon being so advised by the state in which such proceeding
135-16 is pending, shall immediately institute proceedings to determine
135-17 the residence and jurisdictional facts as to such child in such
135-18 home state, and upon finding that such child is in fact a resident
135-19 of said state and subject to the jurisdiction of the court thereof
135-20 shall within five days authorize the return of such child to the
135-21 home state, and to the parent or custodial agency legally
135-22 authorized to accept such custody in such home state, and at the
135-23 expense of such home state, to be paid from such funds as such home
135-24 state may procure, designate, or provide, prompt action being of
135-25 the essence.
135-26 Sec. 60.004. EXECUTION OF AMENDMENT. The governor shall
135-27 also execute on the behalf of the state with any other state or
136-1 states legally joining in it, an amendment to the Interstate
136-2 Compact on Juveniles in substantially the following form:
136-3 RENDITION AMENDMENT
136-4 (a) This amendment shall provide additional remedies, and
136-5 shall be binding only as among and between those party states which
136-6 specifically execute the same.
136-7 (b) All provisions and procedures of Articles V and VI of
136-8 the Interstate Compact on Juveniles shall be construed to apply to
136-9 any juvenile charged with being a delinquent by reason of a
136-10 violation of any criminal law. Any juvenile charged with being a
136-11 delinquent by reason of violating any criminal law shall be
136-12 returned to the requesting state upon a requisition to the state
136-13 where the juvenile may be found. A petition in such case shall be
136-14 filed in a court of competent jurisdiction in the requesting state
136-15 where the violation of criminal law is alleged to have been
136-16 committed. The petition may be filed regardless of whether the
136-17 juvenile has left the state before or after the filing of the
136-18 petition. The requisition described in Article V of the compact
136-19 shall be forwarded by the judge of the court in which the petition
136-20 has been filed.
136-21 Sec. 60.005. JUVENILE COMPACT ADMINISTRATOR. Under the
136-22 compact, the governor may designate an officer as the compact
136-23 administrator. The administrator, acting jointly with like
136-24 officers of other party states, shall adopt regulations to carry
136-25 out more effectively the terms of the compact. The compact
136-26 administrator serves at the pleasure of the governor. The compact
136-27 administrator shall cooperate with all departments, agencies, and
137-1 officers of and in the government of this state and its
137-2 subdivisions in facilitating the proper administration of the
137-3 compact or of a supplementary agreement entered into by this state.
137-4 Sec. 60.006. SUPPLEMENTARY AGREEMENTS. A compact
137-5 administrator may make supplementary agreements with appropriate
137-6 officials of other states pursuant to the compact. If a
137-7 supplementary agreement requires or contemplates the use of an
137-8 institution or facility of this state or requires or contemplates
137-9 the provision of a service of this state, the supplementary
137-10 agreement has no force or effect until approved by the head of the
137-11 department or agency under whose jurisdiction the institution is
137-12 operated, or whose department or agency is charged with performing
137-13 the service.
137-14 Sec. 60.007. FINANCIAL ARRANGEMENTS. The compact
137-15 administrator may make or arrange for the payments necessary to
137-16 discharge the financial obligations imposed upon this state by the
137-17 compact or by a supplementary agreement made under the compact,
137-18 subject to legislative appropriations.
137-19 Sec. 60.008. ENFORCEMENT. The courts, departments,
137-20 agencies, and officers of this state and its subdivisions shall
137-21 enforce this compact and shall do all things appropriate to
137-22 effectuate its purposes and intent which are within their
137-23 respective jurisdictions.
137-24 Sec. 60.009. ADDITIONAL PROCEDURES NOT PRECLUDED. In
137-25 addition to the procedures provided in Articles IV and VI of the
137-26 compact for the return of a runaway juvenile, the particular
137-27 states, the juvenile, or his parents, the courts, or other legal
138-1 custodian involved may agree upon and adopt any plan or procedure
138-2 legally authorized under the laws of this state and the other
138-3 respective party states for the return of the runaway juvenile.
138-4 SECTION 54. Section 42.041(b), Human Resources Code, is
138-5 amended to read as follows:
138-6 (b) This section does not apply to:
138-7 (1) a state-operated facility;
138-8 (2) an agency home;
138-9 (3) a facility that is operated in connection with a
138-10 shopping center, business, religious organization, or establishment
138-11 where children are cared for during short periods while parents or
138-12 persons responsible for the children are attending religious
138-13 services, shopping, or engaging in other activities on or near the
138-14 premises, including but not limited to retreats or classes for
138-15 religious instruction;
138-16 (4) a school or class for religious instruction that
138-17 does not last longer than two weeks and is conducted by a religious
138-18 organization during the summer months;
138-19 (5) a youth camp licensed by the Texas Department of
138-20 Health;
138-21 (6) a hospital licensed by the Texas Department of
138-22 Mental Health and Mental Retardation or the Texas Department of
138-23 Health;
138-24 (7) an educational facility accredited by the Central
138-25 Education Agency or the Southern Association of Colleges and
138-26 Schools that operates primarily for educational purposes in grades
138-27 kindergarten and above;
139-1 (8) an educational facility that operates solely for
139-2 educational purposes in grades kindergarten through at least grade
139-3 two, that does not provide custodial care for more than one hour
139-4 during the hours before or after the customary school day, and that
139-5 is a member of an organization that promulgates, publishes, and
139-6 requires compliance with health, safety, fire, and sanitation
139-7 standards equal to standards required by state, municipal, and
139-8 county codes;
139-9 (9) a kindergarten or preschool educational program
139-10 that is operated as part of a public school or a private school
139-11 accredited by the Central Education Agency, that offers educational
139-12 programs through grade six, and that does not provide custodial
139-13 care during the hours before or after the customary school day;
139-14 (10) a family home, whether registered or not;
139-15 (11) an educational facility that is integral to and
139-16 inseparable from its sponsoring religious organization or an
139-17 educational facility both of which do not provide custodial care
139-18 for more than two hours maximum per day, and that offers
139-19 educational programs for children age five and above in one or more
139-20 of the following: kindergarten through at least grade three,
139-21 elementary, or secondary grades; <or>
139-22 (12) an agency group home; <.>
139-23 (13) <(12)> an emergency shelter facility providing
139-24 shelter to minor mothers who are the sole support of their natural
139-25 children under Section 35.05, Family Code, unless the facility
139-26 would otherwise require a license as a child-care facility under
139-27 this section; or
140-1 (14) a juvenile detention facility certified under
140-2 Section 51.12, Family Code, or Section 141.042(d) or a juvenile
140-3 facility providing services solely for the Texas Youth Commission.
140-4 SECTION 55. Section 42.052, Human Resources Code, is amended
140-5 by adding Subsection (g) to read as follows:
140-6 (g) The certification requirements of this section do not
140-7 apply to a juvenile detention facility certified under Section
140-8 51.12, Family Code, or Section 141.042(d).
140-9 SECTION 56. Subchapter C, Chapter 61, Human Resources Code,
140-10 is amended by adding Section 61.0315 to read as follows:
140-11 Sec. 61.0315. REVIEW OF TREATMENT PROGRAMS. (a) The
140-12 commission shall annually review the effectiveness of the
140-13 commission's programs for the rehabilitation and reestablishment in
140-14 society of children committed to the commission, including programs
140-15 for sex offenders, capital offenders, children who are chemically
140-16 dependent, and emotionally disturbed children.
140-17 (b) On or before December 31 of each year, the commission
140-18 shall make a report on the effectiveness of the programs to the
140-19 Legislative Budget Board.
140-20 SECTION 57. Section 61.073, Human Resources Code, is amended
140-21 to read as follows:
140-22 Sec. 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The
140-23 commission shall keep written records of all examinations and
140-24 conclusions based on them and of all orders concerning the
140-25 disposition or treatment of each child subject to its control.
140-26 These records are not public and are available only according to
140-27 the provisions of Section 58.005 <51.14(b)>, Family Code.
141-1 SECTION 58. Subchapter D, Chapter 264, Family Code, as added
141-2 by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
141-3 is amended to read as follows:
141-4 SUBCHAPTER D. SERVICES TO AT-RISK YOUTH
141-5 Sec. 264.301. SERVICES FOR <RUNAWAY AND> AT-RISK YOUTH. (a)
141-6 The department shall operate a program to provide services for
141-7 <runaway and other> children in at-risk situations and for the
141-8 families of those children.
141-9 (b) The services under this section may include:
141-10 (1) crisis family intervention;
141-11 (2) emergency short-term residential care;
141-12 (3) family counseling;
141-13 (4) parenting skills training; <and>
141-14 (5) youth coping skills training;
141-15 (6) mentoring; and
141-16 (7) advocacy training.
141-17 Sec. 264.302. EARLY YOUTH INTERVENTION SERVICES. (a) This
141-18 section applies to a child who:
141-19 (1) is seven years of age or older and under 17 years
141-20 of age; and
141-21 (2) has not had the disabilities of minority for
141-22 general purposes removed under Chapter 31.
141-23 (b) The department shall operate a program under this
141-24 section to provide services for children in at-risk situations and
141-25 for the families of those children.
141-26 (c) The department may not provide services under this
141-27 section to a child who has at any time been referred to juvenile
142-1 court for engaging in conduct that violates a penal law of this
142-2 state of the grade of felony other than a state jail felony.
142-3 (d) The department may provide services under this section
142-4 to a child who engages in conduct for which the child may be found
142-5 by a court to be an at-risk child, without regard to whether the
142-6 conduct violates a penal law of this state of the grade of felony
142-7 other than a state jail felony, if the child was younger than 10
142-8 years of age at the time the child engaged in the conduct.
142-9 (e) The department shall provide services, directly or by
142-10 contract, for a child and the child's family if the child is
142-11 referred to the department as an at-risk child by:
142-12 (1) a court under Section 264.304;
142-13 (2) a juvenile court or probation department as part
142-14 of a progressive sanctions program under Chapter 59;
142-15 (3) a law enforcement officer or agency under Section
142-16 52.03; or
142-17 (4) a justice or municipal court under Section 54.022.
142-18 (f) The services under this section may include:
142-19 (1) crisis family intervention;
142-20 (2) emergency short-term residential care for children
142-21 10 years of age or older;
142-22 (3) family counseling;
142-23 (4) parenting skills training;
142-24 (5) youth coping skills training;
142-25 (6) advocacy training; and
142-26 (7) mentoring.
142-27 Sec. 264.303. COMMENCEMENT OF CIVIL ACTION FOR DETERMINATION
143-1 OF AT-RISK CHILDREN. (a) The department may file a civil action
143-2 to request any district court or county court, other than a
143-3 juvenile court, to determine that a child is an at-risk child. A
143-4 person with whom the department contracts to provide services under
143-5 Section 264.302 may file an action under this section if the
143-6 department has approved the filing.
143-7 (b) Notice of the action must be provided to:
143-8 (1) the child;
143-9 (2) the parent, managing conservator, or guardian of
143-10 the child; and
143-11 (3) any other member of the child's household who may
143-12 be affected by an order of the court if the court finds that the
143-13 child is an at-risk child.
143-14 (c) A person served with notice of the action may, but is
143-15 not required, to file a written answer. Any answer must be filed
143-16 before the hearing on the action begins.
143-17 Sec. 264.304. HEARING; DETERMINATION OF AT-RISK CHILD. (a)
143-18 Unless a later date is requested by the department, the court shall
143-19 set a date and time for the hearing not later than 30 days after
143-20 the date the action is filed.
143-21 (b) The court is the trier of fact at the hearing.
143-22 (c) The court shall determine that the child is an at-risk
143-23 child if the court finds that the child has engaged in the
143-24 following conduct:
143-25 (1) conduct, other than a traffic offense and except
143-26 as provided by Subsection (d), that violates:
143-27 (A) the penal laws of this state; or
144-1 (B) the penal ordinances of any political
144-2 subdivision of this state;
144-3 (2) the unexcused voluntary absence of the child on 10
144-4 or more days or parts of days within a six-month period or three or
144-5 more days or parts of days within a four-week period from school
144-6 without the consent of the child's parent, managing conservator, or
144-7 guardian;
144-8 (3) the voluntary absence of the child from the
144-9 child's home without the consent of the child's parent, managing
144-10 conservator, or guardian for a substantial length of time or
144-11 without intent to return;
144-12 (4) conduct that violates the laws of this state
144-13 prohibiting driving while intoxicated or under the influence of
144-14 intoxicating liquor (first or second offense) or driving while
144-15 under the influence of any narcotic drug or of any other drug to a
144-16 degree that renders the child incapable of safely driving a vehicle
144-17 (first or second offense); or
144-18 (5) conduct that evidences a clear and substantial
144-19 intent to engage in any behavior described by Subdivisions (1)-(4).
144-20 (d) The court may not determine that a child is an at-risk
144-21 child if the court finds that the child engaged in conduct
144-22 violating the penal laws of this state of the grade of felony other
144-23 than a state jail felony when the child was 10 years of age or
144-24 older.
144-25 Sec. 264.305. COURT ORDER FOR SERVICES. (a) Except as
144-26 provided by Subsection (b), if the court finds that the child is an
144-27 at-risk child under Section 264.304, the court may order the child,
145-1 the child's parent, managing conservator, or guardian or any other
145-2 member of the child's household to participate in services provided
145-3 by the department under Section 264.302 and contained in a plan
145-4 approved by the court.
145-5 (b) The court may order an at-risk child to participate in
145-6 services involving emergency short-term residential care only if
145-7 the court finds that the child engaged in conduct described by
145-8 Section 264.304(c)(1), (2), (3), or (4).
145-9 (c) An order rendered by a court under this section expires
145-10 not later than six months after the date the order was rendered.
145-11 Sec. 264.306. SANCTIONS. (a) A child who violates a court
145-12 order under Section 264.305 by failing to participate in services
145-13 provided by the department engages in conduct indicating a need for
145-14 supervision and the department shall refer the child to an
145-15 appropriate juvenile authority for proceedings under Title 3 for
145-16 that conduct.
145-17 (b) A parent, managing conservator, guardian, or other
145-18 member of the child's household who violates a court order under
145-19 Section 264.305 by failing to participate in services provided by
145-20 the department is subject to contempt of court. The court may
145-21 under its contempt powers impose a community service requirement.
145-22 SECTION 59. Subchapter B, Chapter 61, Human Resources Code,
145-23 is amended by adding Section 61.0386 to read as follows:
145-24 Sec. 61.0386. INTERMEDIATE SANCTION FACILITIES. (a) The
145-25 commission may establish, or contract with another person to
145-26 establish, one or more intermediate sanction facilities that
145-27 provide secure residential care for children.
146-1 (b) The commission may refuse to accept a child proposed to
146-2 be placed in an intermediate sanction facility under Section
146-3 54.04(d)(1)(C), Family Code, if:
146-4 (1) the commission determines that the services and
146-5 level of security at the facility are not appropriate for the
146-6 child; or
146-7 (2) space for the child is not available.
146-8 (c) In determining whether space is available in an
146-9 intermediate sanction facility for a child on probation, the
146-10 commission shall consider the extent the county from which the
146-11 child is to be placed, in comparison to other counties, has
146-12 exceeded targeted levels for annual commitments to the commission
146-13 without relying on placements in an intermediate sanction facility.
146-14 (d) The commission may return to the juvenile court a child
146-15 on probation in an intermediate sanction facility at any time the
146-16 commission determines that:
146-17 (1) the services and level of security at the facility
146-18 are not appropriate for the child; or
146-19 (2) the child's return is necessary to prevent
146-20 overcrowding of the facility.
146-21 (e) The placement of a child in an intermediate sanction
146-22 facility under Section 54.04(d)(1), Family Code, is not a
146-23 commitment to the commission, and the child may not be transferred
146-24 by the commission to, or be a resident of, any other type of
146-25 commission facility other than a medical facility.
146-26 SECTION 60. Section 61.077, Human Resources Code, is amended
146-27 to read as follows:
147-1 Sec. 61.077. Mentally Ill or Retarded Child. (a) If the
147-2 commission determines that a child committed to it is mentally ill
147-3 <or retarded>, the commission, without delay, shall return the
147-4 child to the court of original jurisdiction for appropriate
147-5 disposition or shall request that the court in the county where the
147-6 child is located take any action required by the condition of the
147-7 child.
147-8 (b) The commission shall accept a child committed to the
147-9 commission who is mentally retarded.
147-10 SECTION 61. Section 61.079, Human Resources Code, is amended
147-11 to read as follows:
147-12 Sec. 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
147-13 TRANSFER <REVIEW>. (a) After a child sentenced to commitment
147-14 under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
147-15 becomes 16 years of age but before the child becomes 21 years of
147-16 age, the commission may refer the child to the juvenile court that
147-17 entered the order of commitment for approval of the child's
147-18 transfer to the institutional division of the Texas Department of
147-19 Criminal Justice if:
147-20 (1) the child has not completed the sentence; and
147-21 (2) the child's conduct, regardless of whether the
147-22 child was released under supervision under Section 61.081,
147-23 indicates that the welfare of the community requires the transfer
147-24 <During the sixth month before the month in which a person
147-25 committed to the commission under a determinate sentence becomes 18
147-26 years old, the commission shall send to the juvenile court that
147-27 entered the order of commitment a notice of the person's transfer
148-1 to the Texas Department of Corrections if:>
148-2 <(1) the person will not have completed the sentence
148-3 before the person's 18th birthday; and>
148-4 <(2) the person has not been finally released by the
148-5 commission with the approval of the juvenile court that entered the
148-6 order of commitment>.
148-7 (b) The commission shall cooperate with the court on any
148-8 proceeding on the transfer <release> of the child <a person>.
148-9 (c) If a child is released under supervision, a
148-10 determination under Section 61.075(4) revoking the child's release
148-11 under supervision is required before referral of the child to the
148-12 juvenile court under Subsection (a).
148-13 SECTION 62. Section 61.081, Human Resources Code, is amended
148-14 by amending Subsections (f) and (g) and adding Subsection (h) to
148-15 read as follows:
148-16 (f) If a child <under the age of 18> is committed to the
148-17 commission under a determinate sentence under Section 54.04(d)(3),
148-18 Section 54.04(m), or Section 54.05(f), Family Code, the commission
148-19 may not release the child under supervision without approval of the
148-20 juvenile court that entered the order of commitment unless the
148-21 child has served at least:
148-22 (1) 10 years, if the child was sentenced to commitment
148-23 for conduct constituting capital murder;
148-24 (2) 3 years, if the child was sentenced to commitment
148-25 for conduct constituting an aggravated controlled substance felony
148-26 or a felony of the first degree;
148-27 (3) 2 years, if the child was sentenced to commitment
149-1 for conduct constituting a felony of the second degree; or
149-2 (4) 1 year, if the child was sentenced to commitment
149-3 for conduct constituting a felony of the third degree.
149-4 (g) The commission may request the approval of the court
149-5 under this section at any time.
149-6 (h) <(g)> If the commission finds that a child has violated
149-7 an order under which the child is released under supervision, on
149-8 notice by any reasonable method to all persons affected, the
149-9 commission may order the child:
149-10 (1) to return to an institution;
149-11 (2) if the violation resulted in property damage or
149-12 personal injury:
149-13 (A) to make full or partial restitution to the
149-14 victim of the offense; or
149-15 (B) if the child is financially unable to make
149-16 full or partial restitution, to perform services for a charitable
149-17 or educational institution; or
149-18 (3) to comply with any other conditions the commission
149-19 considers appropriate.
149-20 SECTION 63. Subchapter F, Chapter 61, Human Resources Code,
149-21 is amended by adding Section 61.0812 to read as follows:
149-22 Sec. 61.0812. TREATMENT FOR SUBSTANCE ABUSE. Subject to an
149-23 express appropriation to fund the treatment programs required by
149-24 this section, the commission may not release a child under
149-25 supervision or parole a child if:
149-26 (1) the child has a substance abuse problem, including
149-27 the use of a controlled substance, hazardous inhalable substances,
150-1 or alcohol habitually; and
150-2 (2) the child has not completed a treatment program
150-3 for the problem.
150-4 SECTION 64. Section 61.084, Human Resources Code, is amended
150-5 to read as follows:
150-6 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
150-7 provided by Subsections (b) and (c), if a person is committed to
150-8 the commission under a determinate sentence under Section
150-9 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
150-10 the commission may not discharge the person from its custody
150-11 <before the person's 18th birthday without the approval of the
150-12 juvenile court that entered the order of commitment>.
150-13 (b) The commission shall discharge without a court hearing
150-14 a person committed to it for a determinate sentence under Section
150-15 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
150-16 who has not been transferred to the institutional division of the
150-17 Texas Department of Criminal Justice <or discharged> under a court
150-18 order on the date that the time spent by the person in detention in
150-19 connection with the committing case plus the time spent at the
150-20 Texas Youth Commission under the order of commitment equals the
150-21 period of the <determinate> sentence.
150-22 (c) The commission shall transfer to the institutional
150-23 division of the Texas Department of Criminal Justice a person who
150-24 is the subject of an order under Section 54.11(i)(2), Family Code,
150-25 transferring the person to the custody of the institutional
150-26 division of the Texas Department of Criminal Justice for the
150-27 completion of the person's <determinate> sentence.
151-1 (d) The commission shall transfer a person sentenced under a
151-2 determinate sentence to commitment under Section 54.04(d)(3),
151-3 54.04(m), or 54.05(f), Family Code, for delinquent conduct
151-4 constituting the offense of capital murder to the institutional
151-5 division of the Texas Department of Criminal Justice on the
151-6 person's 21st birthday to serve the remainder of the sentence if
151-7 the person has not:
151-8 (1) served at least 10 years of the person's sentence;
151-9 or
151-10 (2) been transferred or released under supervision by
151-11 court order.
151-12 (e) Except as provided by Subsection (d), (f), or (g), the
151-13 <The> commission shall discharge from its custody a person not
151-14 already discharged <or transferred> on the person's 21st birthday.
151-15 (f) The commission shall transfer a person who has been
151-16 sentenced under a determinate sentence to commitment under Section
151-17 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
151-18 returned to the commission under Section 54.11(i)(1), Family Code,
151-19 to the custody of the pardons and paroles division of the Texas
151-20 Department of Criminal Justice to serve the remainder of the
151-21 person's sentence on parole as provided by Section 29, Article
151-22 42.18, Code of Criminal Procedure, when the person is released
151-23 under supervision after becoming 19 years of age.
151-24 (g) The commission shall transfer a person who has been
151-25 sentenced under a determinate sentence to commitment under Section
151-26 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
151-27 returned to the commission under Section 54.11(i)(1), Family Code,
152-1 to the custody of the pardons and paroles division of the Texas
152-2 Department of Criminal Justice on the person's 21st birthday, if
152-3 the person has not already been discharged or transferred, to serve
152-4 the remainder of the person's sentence on parole as provided by
152-5 Section 29, Article 42.18, Code of Criminal Procedure.
152-6 SECTION 65. Subchapter G, Chapter 61, Human Resources Code,
152-7 is amended by adding Section 61.0911 to read as follows:
152-8 Sec. 61.0911. COORDINATED STRATEGIC PLAN. The Texas Youth
152-9 Commission shall biennially develop with the Texas Juvenile
152-10 Probation Commission a coordinated strategic plan as required by
152-11 Section 141.0471.
152-12 SECTION 66. Chapter 61, Human Resources Code, is amended by
152-13 adding Subchapter H to read as follows:
152-14 SUBCHAPTER H. YOUTH BOOT CAMP PROGRAMS
152-15 Sec. 61.101. YOUTH BOOT CAMP PROGRAMS. (a) The commission
152-16 may establish a youth boot camp program and may employ necessary
152-17 personnel to operate the youth boot camps.
152-18 (b) The commission, in consultation with the Texas Juvenile
152-19 Probation Commission, may develop a program of moral, academic,
152-20 vocational, physical, and correctional training and activities in
152-21 which a child placed in a youth boot camp as an intermediate
152-22 sanction under Section 54.04(d)(1)(C), Family Code, is required to
152-23 participate, including programs to educate the child as to the
152-24 conditions under which children committed to the Texas Youth
152-25 Commission and the institutional division of the Texas Department
152-26 of Criminal Justice live and follow-up programs to aid successful
152-27 community reintegration.
153-1 (c) The commission may refuse to accept a child in a youth
153-2 boot camp as an intermediate sanction under Section 54.04(d)(1)(C),
153-3 Family Code, and may return the child to the juvenile court in the
153-4 same manner and under the same conditions provided under Section
153-5 61.0386.
153-6 (d) The placement of a child in a youth boot camp as an
153-7 intermediate sanction under Section 54.04(d)(1)(C), Family Code, is
153-8 not a commitment to the commission, and the child may not be
153-9 transferred by the commission, or be a resident of, any other type
153-10 of commission facility other than a medical facility.
153-11 (e) The commission, in consultation with the Texas Juvenile
153-12 Probation Commission, shall develop guidelines for a program of
153-13 physical and correctional training and military-style discipline
153-14 for children placed in youth boot camps operated by local probation
153-15 departments for violating the conditions of release under
153-16 supervision or parole under Section 61.081.
153-17 (f) The commission shall develop a program of physical and
153-18 correctional training and military-style discipline for children
153-19 committed to the commission who are placed in youth boot camps or
153-20 other commission facilities.
153-21 (g) The commission shall adopt rules of conduct for children
153-22 participating in the program under this section.
153-23 Sec. 61.102. CONTRACTS WITH PRIVATE VENDORS. The commission
153-24 may contract with a private vendor for the financing, construction,
153-25 operation, maintenance, or management of a youth boot camp. The
153-26 commission may not award a contract under this section unless the
153-27 commission requests proposals and receives a proposal that meets or
154-1 exceeds, in addition to requirements specified in the request for
154-2 proposals, the requirements specified in Section 61.103.
154-3 Sec. 61.103. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
154-4 PRIVATE VENDORS. (a) Any contract entered into by the commission
154-5 with a private vendor for the financing, construction, operation,
154-6 maintenance, or management of a youth boot camp under Section
154-7 61.102 must comply with the following requirements:
154-8 (1) a person proposing to enter into a contract with
154-9 the commission under this section must demonstrate the
154-10 qualifications and the operations and management experience to
154-11 carry out the terms of the contract; and
154-12 (2) in addition to meeting the requirements specified
154-13 in the requests for proposals, a proposal must:
154-14 (A) provide for regular, on-site monitoring by
154-15 the commission;
154-16 (B) offer a level and quality of programs at
154-17 least equal to those provided by any other state-run youth boot
154-18 camp;
154-19 (C) permit the commission to terminate the
154-20 contract for cause, including as cause the failure of the private
154-21 vendor to meet the conditions required by this section and other
154-22 conditions required by the contract;
154-23 (D) if the proposal includes construction of a
154-24 facility, contain a performance bond approved by the commission
154-25 that is adequate and appropriate for the proposed contract;
154-26 (E) provide for assumption of liability by the
154-27 private vendor for all claims arising from the services performed
155-1 under the contract by the private vendor;
155-2 (F) provide for an adequate plan of insurance
155-3 for the private vendor and its officers, guards, employees, and
155-4 agents against all claims, including claims based on violations of
155-5 civil rights arising from the services performed under the contract
155-6 by the private vendor; and
155-7 (G) provide for an adequate plan of insurance to
155-8 protect the commission against all claims arising from the services
155-9 performed under the contract by the private vendor and to protect
155-10 the commission from actions by a third party against the private
155-11 vendor and its officers, guards, employees, and agents as a result
155-12 of the contract.
155-13 (b) A private vendor operating under a contract authorized
155-14 by this subchapter may not claim sovereign immunity in a suit
155-15 arising from the services performed under the contract by the
155-16 private vendor. This subsection does not deprive the private
155-17 vendor or the commission of the benefit of any law limiting
155-18 exposure to liability, setting a limit on damages, or establishing
155-19 a defense to liability.
155-20 SECTION 67. Chapter 61, Human Resources Code, is amended by
155-21 adding Subchapter I to read as follows:
155-22 SUBCHAPTER I. INDUSTRIES PROGRAM
155-23 Sec. 61.121. PURPOSE; IMPLEMENTATION. The purposes of the
155-24 commission industries program are:
155-25 (1) to provide adequate employment and vocational
155-26 training for children; and
155-27 (2) to develop and expand public and private
156-1 commission industries.
156-2 Sec. 61.122. ADVISORY COMMITTEE. (a) A commission
156-3 industries advisory committee is created consisting of nine members
156-4 appointed by the commission.
156-5 (b) Members serve staggered three-year terms, with the terms
156-6 of three members expiring February 1 of each odd-numbered year.
156-7 (c) In making appointments under this section, the
156-8 commission shall endeavor to include representatives of industries
156-9 appropriate for hiring children committed to the commission.
156-10 Sec. 61.123. PAY AND DISTRIBUTION OF PAY. The commission
156-11 shall apportion wages earned by a child working under the
156-12 industries program in amounts determined at the discretion of the
156-13 commission, in the following priority:
156-14 (1) a person to whom the child has been ordered by a
156-15 court or to whom the child has agreed to pay restitution;
156-16 (2) a person to whom the child has been ordered by a
156-17 court to pay child support; and
156-18 (3) the child's student account.
156-19 Sec. 61.124. INDUSTRIES FUND. (a) A Texas Youth Commission
156-20 industries program fund is created in the state treasury.
156-21 (b) Proceeds from the operation of the industries program
156-22 shall be deposited in the fund.
156-23 (c) Money from the fund may be appropriated only for use by
156-24 the commission for the administration of this subchapter.
156-25 (d) Sections 403.094 and 403.095, Government Code, do not
156-26 apply to the fund.
156-27 Sec. 61.125. CONTRACTS. To encourage the development and
157-1 expansion of the industries program, the commission may enter into
157-2 necessary contracts related to the program.
157-3 Sec. 61.126. DONATIONS. The industries program may be
157-4 financed through contributions donated for this purpose by private
157-5 businesses contracting with the commission.
157-6 Sec. 61.127. GRANTS. (a) The commission may accept a grant
157-7 for the vocational rehabilitation of children.
157-8 (b) The commission shall maintain a record of the receipt
157-9 and disbursement of a grant and shall annually report to the
157-10 lieutenant governor and the speaker of the house of representatives
157-11 on the administration of grant funds.
157-12 Sec. 61.128. LEASE OF LAND. (a) The commission may lease
157-13 land owned by the commission to a private business to expand and
157-14 develop the industries program.
157-15 (b) The term of the lease may not exceed 20 years.
157-16 (c) The business must lease the land at fair market value.
157-17 (d) The business may construct a new facility on the land or
157-18 convert an existing facility.
157-19 Sec. 61.129. CERTIFICATION FOR FRANCHISE CREDIT. The
157-20 commission shall prepare and issue a certification that a
157-21 corporation requires for the franchise tax credit for wages paid as
157-22 provided by Subchapter M, Chapter 171, Tax Code.
157-23 Sec. 61.130. OPTIONAL AD VALOREM TAX ABATEMENT. (a) A
157-24 business contracting with the commission may enter into an ad
157-25 valorem tax abatement agreement under Subchapters B and C, Chapter
157-26 312, Tax Code, with the governing body of the municipality and
157-27 county in which the business is located.
158-1 (b) If an area in which businesses contracting with the
158-2 commission under this subchapter is designated as a reinvestment
158-3 zone under Chapter 312, Tax Code, the area satisfies Section
158-4 312.202(a)(6), Tax Code, in that the area would be reasonably
158-5 likely as a result of the designation to contribute to the
158-6 retention or expansion of primary employment or to attract major
158-7 investment in the zone that would be a benefit to the property and
158-8 that would contribute to the economic development of the entity
158-9 designating the area as a reinvestment zone.
158-10 SECTION 68. Section 141.042, Human Resources Code, is
158-11 amended to read as follows:
158-12 Sec. 141.042. RULES GOVERNING JUVENILE BOARDS, PROBATION
158-13 DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES. (a)
158-14 The commission shall adopt reasonable rules that provide:
158-15 (1) minimum standards for personnel, staffing, case
158-16 loads, programs, facilities, record keeping, equipment, and other
158-17 aspects of the operation of a juvenile board that are necessary to
158-18 provide adequate and effective probation services;
158-19 (2) a code of ethics for probation officers and for
158-20 the enforcement of that code;
158-21 (3) appropriate educational, preservice and in-service
158-22 training, and certification standards for probation officers or
158-23 court-supervised community-based program personnel; and
158-24 (4) minimum standards for juvenile detention
158-25 facilities, public post-adjudication juvenile secure correctional
158-26 facilities that are operated under the authority of a juvenile
158-27 board, and private post-adjudication juvenile secure correctional
159-1 facilities, except those facilities exempt from certification by
159-2 Section 42.052(e).
159-3 (b) In adopting the rules, the commission shall consider
159-4 local information and evidence gathered through public review and
159-5 comment.
159-6 (c) The commission shall annually monitor compliance with
159-7 the standards established under Subsection (a)(4) if the juvenile
159-8 board has elected to comply with those standards or shall annually
159-9 ensure that the facility is certified by the American Correctional
159-10 Association if the juvenile board has elected to comply with those
159-11 standards.
159-12 (d) The commission shall annually inspect any private,
159-13 post-adjudication juvenile secure correctional facility if the
159-14 juvenile board of the county in which the facility is located has
159-15 not inspected it during the previous year, except a facility exempt
159-16 from certification by Section 42.052(e).
159-17 (e) The commission shall develop for voluntary use by
159-18 juvenile probation departments a standard assessment tool for the
159-19 initial assessment of children under the jurisdiction of probation
159-20 departments. The commission shall give priority to training in the
159-21 use of this tool in any preservice or in-service training that the
159-22 commission provides for probation officers. The assessment tool
159-23 shall:
159-24 (1) facilitate assessment of a child's mental health,
159-25 family background, and level of education; and
159-26 (2) assist juvenile probation departments in
159-27 determining when a child in the department's jurisdiction is in
160-1 need of comprehensive psychological or other evaluation.
160-2 (f) The commission shall monitor compliance with alternative
160-3 referral programs adopted by juvenile boards under Section 53.01,
160-4 Family Code.
160-5 SECTION 69. Subchapter C, Chapter 141, Human Resources Code,
160-6 is amended by adding Sections 141.0432, 141.0433, and 141.0434 to
160-7 read as follows:
160-8 Sec. 141.0432. YOUTH BOOT CAMP PROGRAMS. (a) The
160-9 commission shall work with local juvenile boards and local juvenile
160-10 probation departments to establish policies and guidelines for
160-11 youth boot camp programs for children.
160-12 (b) The commission, local juvenile boards, and local
160-13 juvenile probation departments may work together to develop a
160-14 program of moral, academic, vocational, physical, and correctional
160-15 training and military-style discipline for children placed in youth
160-16 boot camps on probation under Section 54.04(d)(1)(B), Family Code,
160-17 or for violating the conditions of probation as determined under
160-18 Section 54.05(f), Family Code, including follow-up programs to aid
160-19 successful community reintegration.
160-20 (c) The commission, local juvenile boards, and local
160-21 juvenile probation departments shall adopt rules of conduct for
160-22 children participating in the program under this section.
160-23 (d) Local juvenile boards and local juvenile probation
160-24 departments may enter into agreements with each other to jointly
160-25 establish regional youth boot camps.
160-26 (e) Local juvenile probation departments may contract with
160-27 the Texas Youth Commission to provide services to persons who
161-1 violate conditions of parole as determined under Section 61.075.
161-2 Sec. 141.0433. CONTRACTS WITH PRIVATE VENDORS. The
161-3 commission may contract with a private vendor for the financing,
161-4 construction, operation, maintenance, or management of a youth boot
161-5 camp. The commission may not award a contract under this section
161-6 unless the commission requests proposals and receives a proposal
161-7 that meets or exceeds, in addition to requirements specified in the
161-8 request for proposals, the requirements specified in Section
161-9 141.0434.
161-10 Sec. 141.0434. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
161-11 PRIVATE VENDORS. (a) Any contract entered into by the commission
161-12 with a private vendor for the financing, construction, operation,
161-13 maintenance, or management of a youth boot camp under Section
161-14 141.0433 must comply with the following requirements:
161-15 (1) a person proposing to enter into a contract with
161-16 the commission under that section must demonstrate the
161-17 qualifications and the operations and management experience to
161-18 carry out the terms of the contract; and
161-19 (2) in addition to meeting the requirements specified
161-20 in the requests for proposals, a proposal must:
161-21 (A) provide for regular, on-site monitoring by
161-22 the commission;
161-23 (B) offer a level and quality of programs at
161-24 least equal to those provided by any other state-run youth boot
161-25 camp;
161-26 (C) permit the commission to terminate the
161-27 contract for cause, including as cause the failure of the private
162-1 vendor to meet the conditions required by this section and other
162-2 conditions required by the contract;
162-3 (D) if the proposal includes construction of a
162-4 facility, contain a performance bond approved by the commission
162-5 that is adequate and appropriate for the proposed contract;
162-6 (E) provide for assumption of liability by the
162-7 private vendor for all claims arising from the services performed
162-8 under the contract by the private vendor;
162-9 (F) provide for an adequate plan of insurance
162-10 for the private vendor and its officers, guards, employees, and
162-11 agents against all claims, including claims based on violations of
162-12 civil rights arising from the services performed under the contract
162-13 by the private vendor; and
162-14 (G) provide for an adequate plan of insurance to
162-15 protect the commission against all claims arising from the services
162-16 performed under the contract by the private vendor and to protect
162-17 the commission from actions by a third party against the private
162-18 vendor and its officers, guards, employees, and agents as a result
162-19 of the contract.
162-20 (b) A private vendor operating under a contract authorized
162-21 by this subchapter may not claim sovereign immunity in a suit
162-22 arising from the services performed under the contract by the
162-23 private vendor. This subsection does not deprive the private
162-24 vendor or the commission of the benefit of any law limiting
162-25 exposure to liability, setting a limit on damages, or establishing
162-26 a defense to liability.
162-27 SECTION 70. Subchapter C, Chapter 141, Human Resources Code,
163-1 is amended by adding Section 141.0471 to read as follows:
163-2 Sec. 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
163-3 JUSTICE SYSTEM. (a) The commission and the Texas Youth Commission
163-4 shall biennially develop a coordinated strategic plan which shall
163-5 guide, but not substitute for, the strategic plans developed
163-6 individually by the agencies.
163-7 (b) The plan shall:
163-8 (1) identify short-term and long-term policy goals;
163-9 (2) identify time frames and strategies for meeting
163-10 the goals identified under Subdivision (1);
163-11 (3) estimate population projections, including
163-12 projections of population characteristics;
163-13 (4) estimate short-term and long-term capacity,
163-14 programmatic, and funding needs;
163-15 (5) describe intensive service and surveillance parole
163-16 pilot programs to be jointly developed;
163-17 (6) include an evaluation of aftercare services
163-18 emphasizing concrete outcome measures, including recidivism and
163-19 educational progress;
163-20 (7) identify objective criteria for the various
163-21 decision points throughout the continuum of juvenile justice
163-22 services and sanctions to guard against disparate treatment of
163-23 minority youth; and
163-24 (8) identify cross-agency outcome measures by which to
163-25 evaluate the effectiveness of the system generally.
163-26 (c) Each agency shall by rule adopt the coordinated
163-27 strategic plan on or before December 1st of each odd-numbered year,
164-1 or before the adoption of the agency's individual strategic plan,
164-2 whichever is earlier.
164-3 SECTION 71. Section 141.085(a), Human Resources Code, is
164-4 amended to read as follows:
164-5 (a) The commission shall refuse, reduce, or suspend payment
164-6 of state aid to:
164-7 (1) a juvenile board that fails to comply with the
164-8 commission's rules or fails to maintain local financial support; or
164-9 (2) a county that fails to comply with the minimum
164-10 standards provided under Section 141.042(a)(4).
164-11 SECTION 72. Subchapter E, Chapter 141, Human Resources Code,
164-12 is amended by adding Section 141.086 to read as follows:
164-13 Sec. 141.086. FUNDING AND CONSTRUCTION OF POST-ADJUDICATION
164-14 FACILITIES. (a) The commission may provide state aid to a county
164-15 to acquire, construct, and equip post-adjudication residential or
164-16 day-treatment centers from money appropriated for those purposes.
164-17 The facilities may be used for children who are placed on probation
164-18 by a juvenile court under Section 54.04, Family Code, as an
164-19 alternative to commitment to the facilities of the Texas Youth
164-20 Commission.
164-21 (b) State funds provided to counties under Subsection (a)
164-22 must be matched by local funds equal to at least one-fourth of the
164-23 state funds.
164-24 (c) From money appropriated for construction of the
164-25 facilities described by Subsection (a), the commission shall
164-26 contract with the Texas Department of Criminal Justice for
164-27 construction management services, including:
165-1 (1) evaluation of project plans and specifications;
165-2 and
165-3 (2) review and comment on the selection of architects
165-4 and engineers, change orders, and sufficiency of project
165-5 inspection.
165-6 (d) On completion of the review of project plans and
165-7 specifications under Subsection (c), the Texas Department of
165-8 Criminal Justice shall issue a comprehensive report that states in
165-9 detail the proposed cost of the project. The commission shall use
165-10 the report in making a comparative evaluation of proposed projects
165-11 and shall give priority to the projects the commission finds are
165-12 the most effective and economical.
165-13 (e) The commission may not award money for a capital
165-14 construction project for a facility under this section unless the
165-15 commission receives from the commissioners court of the county
165-16 intending to use the facility a written commitment that the
165-17 commissioners court has reviewed and accepted the conditions of the
165-18 award. If more than one county intends to use the facility, the
165-19 commission must receive from each county a written commitment that
165-20 the county will agree with the other counties to an interlocal
165-21 contract to operate the facility in accordance with the conditions
165-22 of the award.
165-23 (f) A county receiving state aid under this section shall
165-24 adhere to commission standards for the construction and operation
165-25 of a post-adjudication secure residential facility.
165-26 (g) For a facility constructed under this section, the
165-27 following amounts may be appropriated:
166-1 (1) not more than 50 percent of the operating costs of
166-2 the facility during the 1997 fiscal year; and
166-3 (2) not more than 25 percent of the operating costs of
166-4 the facility during each of the 1998 and 1999 fiscal years.
166-5 (h) It is the intent of the legislature to appropriate the
166-6 full amount of money authorized under Subsection (g)(2).
166-7 (i) On and after September 1, 1999, a facility constructed
166-8 under this section must be operated entirely by the county using
166-9 the facility.
166-10 (j) The commission shall conduct an annual audit of the
166-11 operating costs for a fiscal year of a facility constructed under
166-12 this section for each fiscal year through fiscal year 1999. The
166-13 commission shall submit a report on the results of the audit to the
166-14 Legislative Budget Board and the governor not later than the 60th
166-15 day after the last day of the fiscal year covered by the audit.
166-16 (k) In this section, "operating costs" means the operating
166-17 costs of a facility at an 80-percent occupancy rate.
166-18 SECTION 73. Section 152.0007, Human Resources Code, is
166-19 amended to read as follows:
166-20 Sec. 152.0007. Duties. (a) The juvenile board shall:
166-21 (1) establish a juvenile probation department and
166-22 employ personnel to conduct probation services, including a chief
166-23 probation officer and, if more than one officer is necessary,
166-24 assistant officers, who meet the standards set by the Texas
166-25 Juvenile Probation Commission; and
166-26 (2) operate or supervise juvenile services in the
166-27 county and make recommendations as to the need for and purchase of
167-1 services.
167-2 (b) The board may establish guidelines for the initial
167-3 assessment of a child by the juvenile probation department. The
167-4 guidelines shall provide a means for assessing a child's mental
167-5 health status, family background, and level of education. The
167-6 guidelines shall assist the probation department in determining
167-7 whether a comprehensive psychological evaluation of the child
167-8 should be conducted. The board shall require that probation
167-9 department personnel use assessment information compiled by the
167-10 child's school, if the information is available, before conducting
167-11 a comprehensive psychological evaluation of the child. The board
167-12 may adopt all or part of the Texas Juvenile Probation Commission's
167-13 minimum standards for assessment under Section 141.042 in complying
167-14 with this subsection.
167-15 SECTION 74. Section 152.0010(a), Human Resources Code, is
167-16 amended to read as follows:
167-17 (a) Each juvenile board shall appoint an advisory council
167-18 consisting of not more than nine citizen members, including:
167-19 (1) a prosecuting attorney as defined by Section
167-20 51.02, Family Code;
167-21 (2) a mental health professional;
167-22 (3) a medical health professional; and
167-23 (4) a representative of the education community.
167-24 SECTION 75. Subchapter A, Chapter 152, Human Resources Code,
167-25 is amended by adding Section 152.0011 to read as follows:
167-26 Sec. 152.0011. LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH
167-27 PRIVATE VENDORS. (a) The juvenile board or local probation
168-1 department may establish a youth boot camp and employ necessary
168-2 personnel to operate the camp.
168-3 (b) The juvenile board or local probation department may
168-4 contract with a private vendor for the financing, construction,
168-5 operation, maintenance, or management of a youth boot camp in the
168-6 same manner as the state. The juvenile board may not award a
168-7 contract under this subsection unless the board requests proposals
168-8 and receives a proposal that meets or exceeds, in addition to
168-9 requirements specified in the request for proposals, the
168-10 requirements specified in Section 141.0434.
168-11 (c) A juvenile board youth boot camp must offer a program
168-12 that complies with the requirements of the youth boot camps set
168-13 forth in Section 141.0432.
168-14 (d) If a juvenile board or its designee determines that a
168-15 child is not complying with the rules of conduct promulgated by the
168-16 commission or is medically or psychologically unsuitable for the
168-17 program, the board shall terminate the child's participation in the
168-18 program and request the sentencing court to reassume custody of the
168-19 child.
168-20 SECTION 76. Subchapter A, Chapter 152, Human Resources Code,
168-21 is amended by adding Section 152.0012 to read as follows:
168-22 Sec. 152.0012. BUDGET. The juvenile board shall prepare a
168-23 budget for the juvenile probation department and the other
168-24 facilities and programs under the jurisdiction of the juvenile
168-25 board. The commissioners court shall review and consider only the
168-26 amount of county funds derived from county taxes, fees, and other
168-27 county sources in the budget. The commissioners court may not
169-1 review any part of the budget derived from state funds.
169-2 SECTION 77. Section 8.07, Penal Code, is amended to read as
169-3 follows:
169-4 Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
169-5 person may not be prosecuted for or convicted of any offense that
169-6 he committed when younger than 15 years of age except:
169-7 (1) perjury and aggravated perjury when it appears by
169-8 proof that he had sufficient discretion to understand the nature
169-9 and obligation of an oath;
169-10 (2) a violation of a penal statute cognizable under
169-11 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
169-12 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
169-13 which violates the laws of this state prohibiting driving while
169-14 intoxicated or under the influence of intoxicating liquor (first or
169-15 subsequent offense) or driving while under the influence of any
169-16 narcotic drug or of any other drug to a degree which renders him
169-17 incapable of safely driving a vehicle (first or subsequent
169-18 offense)>;
169-19 (3) a violation of a motor vehicle traffic ordinance
169-20 of an incorporated city or town in this state;
169-21 (4) a misdemeanor punishable by fine only other than
169-22 public intoxication; <or>
169-23 (5) a violation of a penal ordinance of a political
169-24 subdivision; or
169-25 (6) a violation of a penal statute that is, or is a
169-26 lesser included offense of, a capital felony, an aggravated
169-27 controlled substance felony, or a felony of the first degree for
170-1 which the person is transferred to the court under Section 54.02,
170-2 Family Code, for prosecution if the person committed the offense
170-3 when 14 years of age or older.
170-4 (b) Unless the juvenile court waives jurisdiction under
170-5 Section 54.02, Family Code, and certifies the individual for
170-6 criminal prosecution or the juvenile court has previously waived
170-7 jurisdiction under that section and certified the individual for
170-8 criminal prosecution, a person may not be prosecuted for or
170-9 convicted of any offense committed before reaching 17 years of age
170-10 except an offense described by Subsections (a)(1)-(5)<:>
170-11 <(1) perjury and aggravated perjury when it appears by
170-12 proof that he had sufficient discretion to understand the nature
170-13 and obligation of an oath;>
170-14 <(2) a violation of a penal statute cognizable under
170-15 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
170-16 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
170-17 conduct which violates the laws of this state prohibiting driving
170-18 while intoxicated or under the influence of intoxicating liquor
170-19 (first or subsequent offense) or driving while under the influence
170-20 of any narcotic drug or of any other drug to a degree which renders
170-21 him incapable of safely driving a vehicle (first or subsequent
170-22 offense);>
170-23 <(3) a violation of a motor vehicle traffic ordinance
170-24 of an incorporated city or town in this state;>
170-25 <(4) a misdemeanor punishable by fine only other than
170-26 public intoxication; or>
170-27 <(5) a violation of a penal ordinance of a political
171-1 subdivision>.
171-2 (c) <Unless the juvenile court waives jurisdiction and
171-3 certifies the individual for criminal prosecution, a person who has
171-4 been alleged in a petition for an adjudication hearing to have
171-5 engaged in delinquent conduct or conduct indicating a need for
171-6 supervision may not be prosecuted for or convicted of any offense
171-7 alleged in the juvenile court petition or any offense within the
171-8 knowledge of the juvenile court judge as evidenced by anything in
171-9 the record of the juvenile court proceedings.>
171-10 <(d)> No person may, in any case, be punished by death for
171-11 an offense committed while he was younger than 17 years.
171-12 SECTION 78. Section 12.42, Penal Code, is amended by adding
171-13 Subsection (f) to read as follows:
171-14 (f) For the purposes of Subsections (a)-(c) and (e), an
171-15 adjudication by a juvenile court under Section 54.03, Family Code,
171-16 that a child engaged in delinquent conduct constituting a felony
171-17 offense for which the child is committed to the Texas Youth
171-18 Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code,
171-19 or Section 54.05(f), Family Code, is a final felony conviction.
171-20 SECTION 79. Chapter 15, Penal Code, is amended by adding
171-21 Section 15.031 to read as follows:
171-22 Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A
171-23 person commits an offense if, with intent that an offense listed by
171-24 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
171-25 committed, the person requests, commands, or attempts to induce a
171-26 minor to engage in specific conduct that, under the circumstances
171-27 surrounding the actor's conduct as the actor believes them to be,
172-1 would constitute an offense listed by Section 3g(a)(1), Article
172-2 42.12, or make the minor a party to the commission of an offense
172-3 listed by Section 3g(a)(1), Article 42.12.
172-4 (b) A person may not be convicted under this section on the
172-5 uncorroborated testimony of the minor allegedly solicited unless
172-6 the solicitation is made under circumstances strongly corroborative
172-7 of both the solicitation itself and the actor's intent that the
172-8 minor act on the solicitation.
172-9 (c) It is no defense to prosecution under this section that:
172-10 (1) the minor solicited is not criminally responsible
172-11 for the offense solicited;
172-12 (2) the minor solicited has been acquitted, has not
172-13 been prosecuted or convicted, has been convicted of a different
172-14 offense or of a different type or class of offense, or is immune
172-15 from prosecution;
172-16 (3) the actor belongs to a class of persons that by
172-17 definition of the offense solicited is legally incapable of
172-18 committing the offense in an individual capacity; or
172-19 (4) the offense solicited was actually committed.
172-20 (d) An offense under this section is one category lower than
172-21 the solicited offense.
172-22 (e) In this section, "minor" means an individual younger
172-23 than 17 years of age.
172-24 SECTION 80. Chapter 4, Code of Criminal Procedure, is
172-25 amended by adding Article 4.18 to read as follows:
172-26 Art. 4.18. TRANSFER OF JURISDICTION FROM JUVENILE COURT.
172-27 (a) A claim that a district court or criminal district court does
173-1 not have jurisdiction over a person because jurisdiction is
173-2 exclusively in the juvenile court and that the juvenile court could
173-3 not waive jurisdiction under Section 8.07(a), Penal Code, or did
173-4 not waive jurisdiction under Section 8.07(b), Penal Code, must be
173-5 made by written motion in bar of prosecution filed with the court
173-6 in which criminal charges against the person are filed.
173-7 (b) The motion must be filed and presented to the presiding
173-8 judge of the court:
173-9 (1) if the defendant enters a plea of guilty or no
173-10 contest, before the plea;
173-11 (2) if the defendant's guilt or punishment is tried or
173-12 determined by a jury, before selection of the jury begins; or
173-13 (3) if the defendant's guilt is tried by the court,
173-14 before the first witness is sworn.
173-15 (c) Unless the motion is not contested, the presiding judge
173-16 shall promptly conduct a hearing without a jury and rule on the
173-17 motion. The party making the motion has the burden of establishing
173-18 by a preponderance of the evidence those facts necessary for the
173-19 motion to prevail.
173-20 (d) A person may not contest the jurisdiction of the court
173-21 on the ground that the juvenile court has exclusive jurisdiction
173-22 if:
173-23 (1) the person does not file a motion within the time
173-24 requirements of this article; or
173-25 (2) the presiding judge finds under Subsection (c)
173-26 that a motion made under this article does not prevail.
173-27 (e) An appellate court may review a trial court's
174-1 determination under this article, if otherwise authorized by law,
174-2 only after conviction in the trial court.
174-3 (f) A court that finds that it lacks jurisdiction over a
174-4 case because exclusive jurisdiction is in the juvenile court shall
174-5 transfer the case to the juvenile court as provided by Section
174-6 51.08, Family Code.
174-7 SECTION 81. Article 14.06(b), Code of Criminal Procedure, is
174-8 amended to read as follows:
174-9 (b) A peace officer who is charging a person, including a
174-10 child, with committing an offense that is a Class C misdemeanor,
174-11 other than an offense under Section 49.02, Penal Code, may, instead
174-12 of taking the person before a magistrate, issue a citation to the
174-13 person that contains written notice of the time and place the
174-14 person must appear before a magistrate, the name and address of the
174-15 person charged, and the offense charged.
174-16 SECTION 82. Section 3(a), Article 37.07, Code of Criminal
174-17 Procedure, is amended to read as follows:
174-18 (a) Regardless of the plea and whether the punishment be
174-19 assessed by the judge or the jury, evidence may be offered by the
174-20 state and the defendant as to any matter the court deems relevant
174-21 to sentencing, including but not limited to the prior criminal
174-22 record of the defendant, his general reputation, his character, an
174-23 opinion regarding his character, the circumstances of the offense
174-24 for which he is being tried, and, notwithstanding Rules 404 and
174-25 405, Texas Rules of Criminal Evidence, any other evidence of an
174-26 extraneous crime or bad act that is shown beyond a reasonable doubt
174-27 by evidence to have been committed by the defendant or for which he
175-1 could be held criminally responsible, regardless of whether he has
175-2 previously been charged with or finally convicted of the crime or
175-3 act. A court may consider as a factor in mitigating punishment the
175-4 conduct of a defendant while participating in a program under
175-5 Chapter 17 of this code as a condition of release on bail.
175-6 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
175-7 Evidence, evidence may be offered by the state and the defendant of
175-8 an adjudication of delinquency based on a violation by the
175-9 defendant of a penal law of the grade of:
175-10 (1) a felony; or
175-11 (2) a misdemeanor punishable by confinement in jail
175-12 <unless:>
175-13 <(1) the adjudication is based on conduct committed
175-14 more than five years before the commission of the offense for which
175-15 the person is being tried; and>
175-16 <(2) in the five years preceding the date of the
175-17 commission of the offense for which the person is being tried, the
175-18 person did not engage in conduct for which the person has been
175-19 adjudicated as a delinquent child or a child in need of supervision
175-20 and did not commit an offense for which the person has been
175-21 convicted>.
175-22 SECTION 83. Section 20, Article 42.18, Code of Criminal
175-23 Procedure, is amended to read as follows:
175-24 Sec. 20. INAPPLICABLE TO JUVENILES. (a) Except as provided
175-25 by Subsection (b) of this section, the <The> provisions of this
175-26 article shall not apply to parole from institutions for juveniles
175-27 or to temporary furloughs granted to an inmate by the institutional
176-1 division under Section 500.006, Government Code.
176-2 (b) The provisions of this article not in conflict with
176-3 Section 29 of this article apply to parole of a person from the
176-4 Texas Youth Commission under that section.
176-5 SECTION 84. Article 42.18, Code of Criminal Procedure, is
176-6 amended by adding Section 29 to read as follows:
176-7 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
176-8 the 90th day before the date the Texas Youth Commission transfers a
176-9 person to the custody of the pardons and paroles division for
176-10 release on parole under Section 61.081(f) or Section 61.084(f) or
176-11 (g), Human Resources Code, the commission shall submit to the
176-12 department all pertinent information relating to the person,
176-13 including:
176-14 (1) the juvenile court judgment;
176-15 (2) the circumstances of the person's offense;
176-16 (3) the person's previous social history and juvenile
176-17 court records;
176-18 (4) the person's physical and mental health record;
176-19 (5) a record of the person's conduct, employment
176-20 history, and attitude while committed to the commission;
176-21 (6) a record of the sentence time served by the person
176-22 at the commission and in a juvenile detention facility in
176-23 connection with the conduct for which the person was adjudicated;
176-24 and
176-25 (7) any written comments or information provided by
176-26 the commission, local officials, or victims of the offense.
176-27 (b) Before the release of the person on parole, a parole
177-1 panel shall review the person's records and may interview the
177-2 person or any other person the panel deems is necessary to
177-3 determine the conditions of parole. The panel may impose any
177-4 reasonable condition of parole on the person that the panel may
177-5 impose on an adult prisoner under this article.
177-6 (c) The panel shall furnish the person with a written
177-7 statement clearly describing the conditions and rules of parole.
177-8 The person must accept and sign the written statement as a
177-9 precondition to release on parole.
177-10 (d) While on parole, the person remains in the legal custody
177-11 of the state and shall comply with the conditions of parole ordered
177-12 by a panel under this section.
177-13 (e) The period of parole for a person released to parole
177-14 under this section is the maximum term for which the person was
177-15 sentenced less calendar time actually served at the Texas Youth
177-16 Commission and in a juvenile detention facility in connection with
177-17 the conduct for which the person was adjudicated.
177-18 (f) If a parole panel revokes the person's parole, the panel
177-19 may require the person to serve the portion remaining of the
177-20 person's sentence in the institutional division. The remaining
177-21 portion of the person's sentence is calculated without credit for
177-22 the time from the date of the person's release to the date of
177-23 revocation. The panel may not recommit the person to the Texas
177-24 Youth Commission.
177-25 (g) For purposes of this article, a person released from the
177-26 Texas Youth Commission on parole under this section is deemed to
177-27 have been convicted of the offense for which the person has been
178-1 adjudicated.
178-2 (h) The Texas Youth Commission shall provide instruction for
178-3 parole officers relating to juvenile programs at the commission.
178-4 The Texas Youth Commission and the pardons and paroles division
178-5 shall enter into a memorandum of understanding relating to the
178-6 administration of this subsection.
178-7 SECTION 85. Chapter 44, Code of Criminal Procedure, is
178-8 amended by adding Article 44.47 to read as follows:
178-9 Art. 44.47. APPEAL OF TRANSFER FROM JUVENILE COURT. (a) A
178-10 defendant may appeal an order of a juvenile court certifying the
178-11 defendant to stand trial as an adult and transferring the defendant
178-12 to a criminal court under Section 54.02, Family Code.
178-13 (b) A defendant may appeal a transfer under Subsection (a)
178-14 only in conjunction with the appeal of a conviction of the offense
178-15 for which the defendant was transferred to criminal court.
178-16 (c) An appeal under this section is a criminal matter and is
178-17 governed by this code and the Texas Rules of Appellate Procedure
178-18 that apply to a criminal case.
178-19 (d) An appeal under this article may include any claims
178-20 under the law that existed before January 1, 1996, that could have
178-21 been raised on direct appeal of a transfer under Section 54.02,
178-22 Family Code.
178-23 SECTION 86. Chapter 45, Code of Criminal Procedure, is
178-24 amended by adding Article 45.522 to read as follows:
178-25 Art. 45.522. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
178-26 A justice court or municipal court may not order the confinement of
178-27 a person who is a child for the purposes of Title 3, Family Code,
179-1 for the failure to pay all or any part of a fine or costs imposed
179-2 for the conviction of an offense punishable by fine only.
179-3 (b) Section 51.03(a)(3), Family Code, and the procedures for
179-4 the adjudication of a child for delinquent conduct apply to a child
179-5 who fails to obey an order of a justice or municipal court under
179-6 circumstances that would constitute contempt of court.
179-7 SECTION 87. Section 21.002, Government Code, is amended by
179-8 amending Subsection (a) and adding Subsection (h) to read as
179-9 follows:
179-10 (a) Except as provided by Subsections <Subsection> (g) and
179-11 (h), a court may punish for contempt.
179-12 (h) A justice or municipal court may not punish by contempt
179-13 a person who engages in conduct that violates an order of the court
179-14 if the conduct of the person is delinquent conduct under Section
179-15 51.03(a)(3), Family Code. The justice or municipal court shall
179-16 refer the person to the juvenile court for engaging in the
179-17 delinquent conduct.
179-18 SECTION 88. Section 413.009, Government Code, is amended to
179-19 read as follows:
179-20 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
179-21 its duties the policy council shall:
179-22 (1) conduct an in-depth analysis of the criminal
179-23 justice system;
179-24 (2) determine the long-range needs of the criminal
179-25 justice system and recommend policy priorities for the system;
179-26 (3) identify critical problems in the criminal justice
179-27 system and recommend strategies to solve those problems;
180-1 (4) assess the cost-effectiveness of the use of state
180-2 and local funds in the criminal justice system;
180-3 (5) recommend means to improve the deterrent and
180-4 rehabilitative capabilities of the criminal justice system;
180-5 (6) advise and assist the legislature in developing
180-6 plans, programs, and proposed legislation for improving the
180-7 effectiveness of the criminal justice system;
180-8 (7) make computations of daily costs and compare
180-9 interagency costs on services provided by agencies that are a part
180-10 of the criminal justice system;
180-11 (8) make population computations for use in planning
180-12 for the long-range needs of the criminal justice system;
180-13 (9) determine long-range information needs of the
180-14 criminal justice system and acquire that information; and
180-15 (10) engage in other activities consistent with the
180-16 responsibilities of the policy council.
180-17 (b) In addition to the policy council's duties under
180-18 Section 413.008 and Subsection (a) of this section, the policy
180-19 council may perform any function described in Subsection (a) to
180-20 promote an effective and cohesive juvenile justice system.
180-21 SECTION 89. Section 511.009(a), Government Code, is amended
180-22 to read as follows:
180-23 (a) The commission shall:
180-24 (1) adopt reasonable rules and procedures establishing
180-25 minimum standards for the construction, equipment, maintenance, and
180-26 operation of county jails;
180-27 (2) adopt reasonable rules and procedures establishing
181-1 minimum standards for the custody, care, and treatment of
181-2 prisoners;
181-3 (3) adopt reasonable rules establishing minimum
181-4 standards for the number of jail supervisory personnel and for
181-5 programs and services to meet the needs of prisoners;
181-6 (4) adopt reasonable rules and procedures establishing
181-7 minimum requirements for programs of rehabilitation, education, and
181-8 recreation in county jails;
181-9 (5) revise, amend, or change rules and procedures if
181-10 necessary;
181-11 (6) provide to local government officials consultation
181-12 on and technical assistance for county jails;
181-13 (7) review and comment on plans for the construction
181-14 and major modification or renovation of county jails;
181-15 (8) require that the sheriff and commissioners of each
181-16 county submit to the commission, on a form prescribed by the
181-17 commission, an annual report on the conditions in each county jail
181-18 within their jurisdiction, including all information necessary to
181-19 determine compliance with state law, commission orders, and the
181-20 rules adopted under this chapter;
181-21 (9) review the reports submitted under Subdivision (8)
181-22 and require commission employees to inspect county jails regularly
181-23 to ensure compliance with state law, commission orders, and rules
181-24 and procedures adopted under this chapter; <and>
181-25 (10) at least annually determine whether each county
181-26 jail is in compliance with the rules and procedures adopted under
181-27 this chapter;
182-1 (11) require that the chief jailer of each municipal
182-2 lockup submit to the commission, on a form prescribed by the
182-3 commission, an annual report of persons under 17 years of age
182-4 securely detained in the lockup, including all information
182-5 necessary to determine compliance with state law concerning secure
182-6 confinement of children in municipal lockups; and
182-7 (12) require that the sheriff and commissioners court
182-8 of each county submit to the commission, on a form prescribed by
182-9 the commission, an annual report of persons under 17 years of age
182-10 securely detained in the county jail, including all information
182-11 necessary to determine compliance with state law concerning secure
182-12 confinement of children in county jails.
182-13 SECTION 90. Section 659.062(a), Government Code, is amended
182-14 to read as follows:
182-15 (a) An eligible employee is entitled to hazardous duty pay
182-16 of $7 a month for each year of service as an employee of this state
182-17 in a position that requires the performance of hazardous duty, not
182-18 to exceed 30 years of such service. Except as provided by
182-19 Subsection (c) or Section 659.063(b)(1), this hazardous duty pay is
182-20 instead of other hazardous duty or longevity pay.
182-21 SECTION 91. (a) Subchapter E, Chapter 659, Government Code,
182-22 is amended to conform to Section 1, Chapter 85, Acts of the 73rd
182-23 Legislature, Regular Session, 1993, by adding Section 659.063 and
182-24 is amended to read as follows:
182-25 Sec. 659.063. HAZARDOUS DUTY PAY: TEXAS YOUTH COMMISSION
182-26 EMPLOYEES. (a) An employee of the Texas Youth Commission who has
182-27 routine direct contact with youth placed in a residential facility
183-1 of the Texas Youth Commission or with youth released under the
183-2 commission's supervision may receive hazardous duty pay in an
183-3 amount that does not exceed the amount authorized by Section
183-4 659.062(a).
183-5 (b) Hazardous duty pay under this section:
183-6 (1) is subject to the conditions and limitations in
183-7 the General Appropriations Act, except that during periods when
183-8 Texas Youth Commission employees do not receive the full amount of
183-9 the hazardous duty pay for which they are eligible, they are
183-10 entitled to receive longevity pay for time accrued in a hazardous
183-11 duty position, but only until hazardous duty payments resume; and
183-12 (2) may not be made:
183-13 (A) from funds authorized for payment of an
183-14 across-the-board employee salary increase; or
183-15 (B) to an employee who works at the central
183-16 office of the commission or an employee whose work for the
183-17 commission involves only occasional contact with youth.
183-18 (c) The receipt of a payment under this section by an
183-19 employee does not qualify the employee for retirement benefits from
183-20 the law enforcement and custodial officer supplemental retirement
183-21 fund.
183-22 (b) Section 1, Chapter 85, Acts of the 73rd Legislature,
183-23 Regular Session, 1993, is repealed.
183-24 SECTION 92. Chapter 217, Labor Code, is amended to read as
183-25 follows:
183-26 CHAPTER 217. PROJECT RIO (REINTEGRATION OF OFFENDERS)
183-27 Sec. 217.001. Definitions. In this chapter:
184-1 (1) "Department" means the Texas Department of
184-2 Criminal Justice.
184-3 (2) "Institutional division" means the institutional
184-4 division of the department.
184-5 (3) "Project RIO" means the project for reintegration
184-6 of offenders.
184-7 Sec. 217.002. Project Rio. The project for reintegration of
184-8 offenders is a statewide employment referral program designed to
184-9 reintegrate into the labor force persons formerly confined in the
184-10 institutional division and persons committed to the Texas Youth
184-11 Commission.
184-12 Sec. 217.003. Administration. The department, the Texas
184-13 Youth Commission, and the commission shall cooperate to maximize
184-14 the effectiveness of Project RIO. For that purpose, the commission
184-15 shall administer the project.
184-16 Sec. 217.004. Memorandum of Understanding--Adoption.
184-17 (a) The department, <and> the commission, and the Texas Youth
184-18 Commission shall each adopt a memorandum of understanding that
184-19 establishes the respective responsibilities of each agency and of
184-20 the divisions within the department.
184-21 (b) The commission shall coordinate the development of the
184-22 memoranda <memorandum> of understanding. The department and the
184-23 Texas Youth Commission shall adopt rules as necessary to implement
184-24 their respective memoranda <the memorandum> and may amend the
184-25 memorandum and those rules as necessary.
184-26 Sec. 217.005. Memorandum of Understanding--Contents.
184-27 (a) The memorandum of understanding between the department and the
185-1 commission must establish the role of:
185-2 (1) the institutional division in ascertaining and
185-3 encouraging an inmate's chances for employment by:
185-4 (A) providing vocational and educational
185-5 assessment for the person while incarcerated in the division;
185-6 (B) developing a skills enhancement program for
185-7 the person while incarcerated, in cooperation with other
185-8 governmental, educational, and private entities, using available
185-9 public or private financial resources authorized by statute; and
185-10 (C) referring the person on release to the
185-11 project through the person's parole officer;
185-12 (2) the community justice assistance division and the
185-13 pardons and paroles division of the department in:
185-14 (A) encouraging and referring persons to the
185-15 project; and
185-16 (B) ensuring that those persons participate in
185-17 the project and avail themselves of its services; and
185-18 (3) the commission in developing and maintaining a
185-19 statewide network for finding positions of employment that require
185-20 the skills possessed by project participants and in helping those
185-21 participants to secure employment.
185-22 (b) The memorandum also must establish the methods by which
185-23 the commission shall coordinate its efforts under this chapter with
185-24 the operations of service providers operating under Chapter 301
185-25 (Texas Job-Training Partnership Act).
185-26 (c) The memorandum of understanding between the Texas Youth
185-27 Commission and the commission must establish the roles of the
186-1 institutional and community services division in the Texas Youth
186-2 Commission and the role of the commission in the same manner the
186-3 roles of the department and commission are established under
186-4 Subsections (a) and (b).
186-5 Sec. 217.006. Project Director. (a) The administrator of
186-6 the commission shall designate the director of Project RIO to
186-7 coordinate the efforts of the affected state agencies and expedite
186-8 the delivery of services to participants in the project, including
186-9 prospective employers.
186-10 (b) The project director shall:
186-11 (1) propose, for adoption by the commission, standards
186-12 and guidelines for the operation of the project;
186-13 (2) obtain information from appropriate state agencies
186-14 and offices affiliated with the project to determine any necessary
186-15 changes in the project;
186-16 (3) disseminate information statewide about the
186-17 project; and
186-18 (4) train commission staff to assist in the operation
186-19 of affiliated services.
186-20 SECTION 93. Subchapter Z, Chapter 341, Local Government
186-21 Code, is amended by adding Section 341.904 to read as follows:
186-22 Sec. 341.904. JUVENILE CURFEW IN GENERAL-LAW MUNICIPALITY.
186-23 (a) To provide for the public safety, the governing body of a
186-24 general-law municipality has the same authority to adopt a juvenile
186-25 curfew ordinance that a county has under Section 351.903.
186-26 (b) The governing body of a general-law municipality may
186-27 adopt by ordinance a juvenile curfew order adopted by the
187-1 commissioners court of the county in which any part of the
187-2 municipality is located and may adapt the order to fit the needs of
187-3 the municipality.
187-4 (c) If the governing body of a general-law municipality
187-5 adopts an ordinance under this section, a person commits an offense
187-6 if the person violates a restriction or prohibition imposed by the
187-7 ordinance.
187-8 (d) An offense under this section is a Class C misdemeanor.
187-9 SECTION 94. Chapter 351, Local Government Code, is amended
187-10 by adding Section 351.903 to read as follows:
187-11 Sec. 351.903. COUNTY JUVENILE CURFEW. (a) To provide for
187-12 the public safety, the commissioners court of a county by order may
187-13 adopt a curfew to regulate the movements or actions of persons
187-14 under 17 years of age during the period beginning one-half hour
187-15 after sunset and extending until one-half hour before sunrise or
187-16 during school hours, or both. The order applies only to the
187-17 unincorporated area of the county.
187-18 (b) This authority includes the authority to:
187-19 (1) establish the hours of the curfew, including
187-20 different hours for different days of the week;
187-21 (2) apply different curfew hours to different age
187-22 groups of juveniles;
187-23 (3) describe the kinds of conduct subject to the
187-24 curfew;
187-25 (4) determine the locations to which the curfew
187-26 applies;
187-27 (5) determine which persons incur liability if a
188-1 violation of the curfew occurs;
188-2 (6) prescribe procedures, in compliance with Section
188-3 52.028, Family Code, a police officer must follow in enforcing the
188-4 curfew; and
188-5 (7) establish exemptions to the curfew, including but
188-6 not limited to exemptions for times when there are no classes being
188-7 conducted, for holidays, and for persons going to or from work.
188-8 (c) If the commissioners court adopts an order under this
188-9 section, a person commits an offense if the person violates a
188-10 restriction or prohibition imposed by the order.
188-11 (d) An offense under this section is a Class C misdemeanor.
188-12 SECTION 95. The chapter heading of Chapter 370, Local
188-13 Government Code, is amended to read as follows:
188-14 CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
188-15 COUNTY HEALTH AND PUBLIC SAFETY
188-16 SECTION 96. Chapter 370, Local Government Code, is amended
188-17 by adding Section 370.002 to read as follows:
188-18 Sec. 370.002. REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.
188-19 (a) Before the third anniversary of the date of adoption of a
188-20 juvenile curfew ordinance by a general-law municipality or a
188-21 home-rule municipality or an order of a county commissioners court,
188-22 and every third year thereafter, the governing body of the
188-23 general-law municipality or home-rule municipality or the
188-24 commissioners court of the county shall:
188-25 (1) review the ordinance or order's effects on the
188-26 community and on problems the ordinance or order was intended to
188-27 remedy;
189-1 (2) conduct public hearings on the need to continue
189-2 the ordinance or order; and
189-3 (3) abolish, continue, or modify the ordinance or
189-4 order.
189-5 (b) Failure to act in accordance with Subsections (a)(1)-(3)
189-6 shall cause the ordinance or order to expire.
189-7 SECTION 97. Chapter 171, Tax Code, is amended by adding
189-8 Subchapter M to read as follows:
189-9 SUBCHAPTER M. TAX CREDIT FOR WAGES PAID TO CERTAIN
189-10 CHILDREN COMMITTED TO TEXAS YOUTH COMMISSION
189-11 Sec. 171.681. DEFINITIONS. In this subchapter:
189-12 (1) "Commission" means the Texas Youth Commission.
189-13 (2) "Eligible child" means a person who:
189-14 (A) is committed to the commission under Title
189-15 3, Family Code, other than a commitment under a determinate
189-16 sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family
189-17 Code; and
189-18 (B) resides at a facility of the commission.
189-19 Sec. 171.682. CREDIT. A corporation that meets the
189-20 eligibility requirements under this subchapter is entitled to a
189-21 credit in the amount allowed by this subchapter against the tax
189-22 imposed under this chapter.
189-23 Sec. 171.683. CREDIT FOR WAGES PAID TO ELIGIBLE CHILD. (a)
189-24 The amount of the credit for wages paid by a corporation to an
189-25 eligible child is equal to 10 percent of that portion of the wages
189-26 the corporation paid to the eligible child or the commission for
189-27 the benefit of the child.
190-1 (b) A corporation is eligible for the credit under this
190-2 section only if it files, on or before the due date of its
190-3 franchise tax report for the privilege period for which the credit
190-4 is claimed, a written certification issued by the commission
190-5 stating the amount of the wages that the corporation paid to an
190-6 eligible child or to the commission for the benefit of the child
190-7 during:
190-8 (1) the privilege period; and
190-9 (2) not more than six months of the preceding
190-10 privilege period for wages for which a credit has not previously
190-11 been claimed.
190-12 (c) A corporation is eligible for the credit under this
190-13 section only if the eligible child to whom or for whose benefit it
190-14 pays wages has been continuously employed by the corporation for
190-15 not less than six months.
190-16 Sec. 171.684. CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
190-17 ELIGIBLE CHILD. (a) The amount of the credit for wages paid by a
190-18 corporation to an employee who was first employed by the
190-19 corporation when the employee was an eligible child is equal to 10
190-20 percent of the wages paid the employee.
190-21 (b) A corporation is eligible for the credit under this
190-22 section only if:
190-23 (1) the employee who was formerly an eligible child
190-24 was continuously employed for not less than six months while an
190-25 eligible child and has been continuously employed by the
190-26 corporation for at least one year after the date that the employee
190-27 was released from commitment to the commission or released under
191-1 supervision by the commission; and
191-2 (2) the nature of the employment is substantially
191-3 similar to the employment the employee had with the corporation
191-4 when the employee was an eligible child or the employment requires
191-5 more skills or provides greater opportunities for the employee.
191-6 (c) A corporation may claim a credit under this section only
191-7 for:
191-8 (1) wages paid an employee after the employee has been
191-9 employed by the corporation for more than one year after the
191-10 earlier of the date of the employee's release from commitment to
191-11 the commission or release under supervision by the commission; and
191-12 (2) wages paid the employee for not longer than one
191-13 year.
191-14 Sec. 171.685. LIMITATION. The total credits claimed under
191-15 this subchapter for a privilege period may not exceed 50 percent of
191-16 the amount of net franchise tax due for the privilege period after
191-17 any other applicable tax credits.
191-18 Sec. 171.686. APPLICATION FOR CREDIT. (a) A corporation
191-19 must apply for a credit under this subchapter on or with the tax
191-20 report for the period for which the credit is claimed.
191-21 (b) The comptroller shall promulgate a form for the
191-22 application for the credit. A corporation must use this form in
191-23 applying for the credit.
191-24 Sec. 171.687. PERIOD FOR WHICH CREDIT MAY BE CLAIMED. A
191-25 corporation may claim a credit under this subchapter for wages paid
191-26 during an accounting period only against the tax owed for the
191-27 corresponding privilege period.
192-1 SECTION 98. Article 4413(503), Revised Statutes, is amended
192-2 by adding Section 16 to read as follows:
192-3 Sec. 16. COMMUNITY YOUTH DEVELOPMENT GRANTS. Subject to
192-4 available funding, the department shall award community youth
192-5 development grants to identified communities by incidence of crime.
192-6 These grants are for the purpose of assisting communities in
192-7 alleviating family and community conditions that lead to juvenile
192-8 crime. The department shall give priority in awarding grants under
192-9 this section to areas of the state in which there is a high
192-10 incidence of crime committed by children.
192-11 SECTION 99. The Texas Juvenile Probation Commission, in
192-12 collaboration with the Texas Department of Mental Health and Mental
192-13 Retardation, shall develop a model protocol by which juvenile
192-14 probation departments shall refer children with mental impairments
192-15 to local community management teams of the Children's Mental Health
192-16 Plan. The protocol is to be distributed to all juvenile boards,
192-17 chief probation officers, and community management teams no later
192-18 than January 1, 1996.
192-19 SECTION 100. (a) Sections 51.14, 51.15, and 51.16, Family
192-20 Code, are repealed.
192-21 (b) Section 264.204, Family Code, as added by H.B. No. 655,
192-22 Acts of the 74th Legislature, Regular Session, 1995, is repealed.
192-23 SECTION 101. Not later than April 30, 1996, the Texas Youth
192-24 Commission and the pardons and paroles division of the Texas
192-25 Department of Criminal Justice shall enter into a memorandum of
192-26 understanding in accordance with Section 29(h), Article 42.18, Code
192-27 of Criminal Procedure, as added by this Act.
193-1 SECTION 102. A corporation may claim the credit under
193-2 Subchapter M, Chapter 171, Tax Code, as added by this Act, only for
193-3 any wages paid or incurred on or after the effective date of this
193-4 Act and only on a franchise tax report due under Chapter 171, Tax
193-5 Code, on or after January 1, 1996.
193-6 SECTION 103. (a) The Texas Juvenile Probation Commission
193-7 shall promulgate rules to ensure that funds appropriated to the
193-8 commission by the General Appropriations Act, 74th Legislature,
193-9 Regular Session, 1995, for the purpose of implementing progressive
193-10 sanctions or basic state aid not be used by local juvenile
193-11 probation departments to supplant local contributions for juvenile
193-12 justice and corrections programs.
193-13 (b) The Texas Juvenile Probation Commission shall review the
193-14 financial records of juvenile probation departments for evidence of
193-15 supplantation as part of regular and periodic fiscal or program
193-16 audits and, on a finding of supplantation by a department, shall
193-17 reduce the next scheduled grant to the department by the amount of
193-18 funds supplanted.
193-19 (c) Supplantation includes a finding by the Texas Juvenile
193-20 Probation Commission that a juvenile probation department's per
193-21 employee average compensation and benefit package has increased
193-22 without a corresponding increase in total local funding.
193-23 (d) A juvenile board is eligible to receive basic and
193-24 diversion services funding only if the board demonstrates to the
193-25 satisfaction of the Texas Juvenile Probation Commission that the
193-26 amount of local or county money budgeted for juvenile services for
193-27 the county fiscal year, excluding construction and capital outlay
194-1 expenses, equals or is greater than the amount spent for those
194-2 services in the 1994 county fiscal year.
194-3 SECTION 104. (a) An amendment to any provision of Title 3,
194-4 Family Code, made by another Act of the 74th Legislature, Regular
194-5 Session, 1995, applies only to conduct that occurs on or after the
194-6 effective date of the other Act and before January 1, 1996. The
194-7 amendment made by the other Act continues in effect only for the
194-8 limited purpose of the prosecution of the conduct committed before
194-9 January 1, 1996.
194-10 (b) For purposes of Subsection (a) of this section, conduct
194-11 violating the penal law of this state occurs before January 1,
194-12 1996, only if every element of the violation occurs before that
194-13 date.
194-14 SECTION 105. (a) Except as provided by this section, this
194-15 Act takes effect January 1, 1996.
194-16 (b) Section 99 of this Act takes effect September 1, 1995.
194-17 (c) The following take effect immediately:
194-18 (1) Section 52.028, Family Code, as added by this Act;
194-19 (2) Sections 341.904, 351.903, and 370.002, Local
194-20 Government Code, as added by this Act;
194-21 (3) the chapter heading of Chapter 370, Local
194-22 Government Code, as amended by this Act;
194-23 (4) Chapter 55, Family Code, as amended by this Act;
194-24 and
194-25 (5) Section 61.077, Human Resources Code, as amended
194-26 by this Act.
194-27 (d) If H.B. No. 466, Acts of the 74th Legislature, Regular
195-1 Session, 1995, is enacted after the date of enactment of this Act
195-2 and if H.B. No. 466 becomes law, Section 58.004, Family Code, as
195-3 included in Chapter 58, Family Code, as added by this Act, does not
195-4 take effect.
195-5 (e) If H.B. No. 466, Acts of the 74th Legislature, Regular
195-6 Session, 1995, is enacted after the date of enactment of this Act,
195-7 if H.B. No. 466 becomes law, and if H.B. No. 466 is invalidated by
195-8 a court judgment that becomes final, effective on the date the
195-9 judgment becomes final, Subchapter A, Chapter 58, Family Code, as
195-10 added by this Act, is amended by adding Section 58.004 to read as
195-11 follows:
195-12 Sec. 58.004. COMPILATION OF INFORMATION PERTAINING TO A
195-13 CRIMINAL COMBINATION. (a) A local criminal justice agency may
195-14 compile criminal information into a local system for the purpose of
195-15 investigating or prosecuting the criminal activities of criminal
195-16 combinations. Criminal information relating to a child associated
195-17 with a combination, utilizing the meaning assigned by Section
195-18 71.01, Penal Code, may be compiled and released to other local,
195-19 state, or federal criminal justice agencies and any court having
195-20 jurisdiction over a child, regardless of the age of the child. The
195-21 information may be compiled on paper, by photographs, by computer,
195-22 or in any other useful manner.
195-23 (b) In this section, "local criminal justice agency" means a
195-24 municipal or county agency, or school district law enforcement
195-25 agency, that is engaged in the administration of criminal justice
195-26 under a statute or executive order.
195-27 SECTION 106. (a) Except as provided by Subsection (b) of
196-1 this section, this Act applies only to conduct that occurs on or
196-2 after January 1, 1996. Conduct violating a penal law of this state
196-3 occurs on or after January 1, 1996, if every element of the
196-4 violation occurs on or after that date. Conduct that occurs before
196-5 January 1, 1996, is governed by the law in effect at the time the
196-6 conduct occurred, and that law is continued in effect for that
196-7 purpose.
196-8 (b) Chapter 55, Family Code, as amended by this Act, applies
196-9 only to conduct that occurs on or after the effective date of that
196-10 chapter. Conduct violating a penal law of this state occurs on or
196-11 after that date if every element of the violation occurs on or
196-12 after that date. Conduct that occurs before the effective date of
196-13 that chapter is governed by the law in effect at the time the
196-14 conduct occurred, and that law is continued in effect for that
196-15 purpose.
196-16 SECTION 107. A designation by a municipality or a county of
196-17 a juvenile curfew processing office for the detention of a person
196-18 who is alleged to have violated a curfew ordinance or order made
196-19 before Section 52.028, Family Code, as added by this Act, takes
196-20 effect is validated if the processing office otherwise meets the
196-21 requirements of that section.
196-22 SECTION 108. The importance of this legislation and the
196-23 crowded condition of the calendars in both houses create an
196-24 emergency and an imperative public necessity that the
196-25 constitutional rule requiring bills to be read on three several
196-26 days in each house be suspended, and this rule is hereby suspended,
196-27 and that this Act take effect and be in force according to its
197-1 terms, and it is so enacted.