74R8536 NSC/DD-D
By Goodman, Thompson, Combs, H.B. No. 327
De La Garza, Cuellar of Webb, et al.
Substitute the following for H.B. No. 327:
By De La Garza C.S.H.B. No. 327
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the juvenile justice system; providing for the
1-3 enhancement of penalties; providing criminal penalties for adults
1-4 and children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Title 3, Family Code, is amended
1-7 to read as follows:
1-8 TITLE 3. JUVENILE JUSTICE CODE <DELINQUENT CHILDREN
1-9 AND CHILDREN IN NEED OF SUPERVISION>
1-10 SECTION 2. Section 51.01, Family Code, is amended to read as
1-11 follows:
1-12 Sec. 51.01. Purpose and Interpretation. This title shall be
1-13 construed to effectuate the following public purposes:
1-14 (1) to provide for the protection of the public and
1-15 public safety;
1-16 (2) consistent with the protection of the public and
1-17 public safety:
1-18 (A) to promote the concept of punishment for
1-19 unlawful acts;
1-20 (B) to remove, where appropriate, the taint of
1-21 criminality from children committing certain unlawful acts; and
1-22 (C) to provide treatment, training, and
1-23 rehabilitation that emphasizes the accountability and
1-24 responsibility of both the parent and the child for the child's
2-1 conduct;
2-2 (3) to provide for the care, the protection, and the
2-3 wholesome moral, mental, and physical development of children
2-4 coming within its provisions;
2-5 (4) <(2)> to protect the welfare of the community and
2-6 to control the commission of unlawful acts by children;
2-7 (5) <(3) consistent with the protection of the public
2-8 interest, to remove from children committing unlawful acts the
2-9 taint of criminality and the consequences of criminal behavior and
2-10 to substitute a program of treatment, training, and rehabilitation;>
2-11 <(4)> to achieve the foregoing purposes in a family
2-12 environment whenever possible, separating the child from the
2-13 child's <his> parents only when necessary for the child's <his>
2-14 welfare or in the interest of public safety and when a child is
2-15 removed from the child's <his> family, to give the child <him> the
2-16 care that should be provided by parents; and
2-17 (6) <(5)> to provide a simple judicial procedure
2-18 through which the provisions of this title are executed and
2-19 enforced and in which the parties are assured a fair hearing and
2-20 their constitutional and other legal rights recognized and
2-21 enforced.
2-22 SECTION 3. Section 51.02, Family Code, is amended by adding
2-23 Subdivisions (11)-(16) to read as follows:
2-24 (11) "Status offender" means a child who is accused,
2-25 adjudicated, or convicted for conduct that would not, under state
2-26 law, be a crime if committed by an adult, including:
2-27 (A) truancy under Section 51.03(b)(2);
3-1 (B) running away from home under Section
3-2 51.03(b)(3);
3-3 (C) a fineable only offense under Section
3-4 51.03(b)(1) transferred to the juvenile court under Section
3-5 51.08(b), but only if the conduct constituting the offense would
3-6 not have been criminal if engaged in by an adult;
3-7 (D) failure to attend school under Section
3-8 4.251, Education Code;
3-9 (E) a violation of a juvenile curfew ordinance;
3-10 (F) a violation of a provision of the Alcoholic
3-11 Beverage Code applicable to minors only; or
3-12 (G) a violation of any other fineable only
3-13 offense under Section 8.07(a)(4) or (5) or (b)(4) or (5), Penal
3-14 Code, but only if the conduct constituting the offense would not
3-15 have been criminal if engaged in by an adult.
3-16 (12) "Valid court order" means a court order entered
3-17 under Section 54.04 concerning a child adjudicated to have engaged
3-18 in conduct indicating a need for supervision as a status offender.
3-19 (13) "Secure detention facility" means any public or
3-20 private residential facility that:
3-21 (A) includes construction fixtures designed to
3-22 physically restrict the movements and activities of juveniles or
3-23 other individuals held in lawful custody in the facility; and
3-24 (B) is used for the temporary placement of any
3-25 juvenile who is accused of having committed an offense, any
3-26 nonoffender, or any other individual accused of having committed a
3-27 criminal offense.
4-1 (14) "Secure correctional facility" means any public
4-2 or private residential facility, including an alcohol or other drug
4-3 treatment facility, that:
4-4 (A) includes construction fixtures designed to
4-5 physically restrict the movements and activities of juveniles or
4-6 other individuals held in lawful custody in the facility; and
4-7 (B) is used for the placement of any juvenile
4-8 who has been adjudicated as having committed an offense, any
4-9 nonoffender, or any other individual convicted of a criminal
4-10 offense.
4-11 (15) "Nonoffender" means a child who:
4-12 (A) is subject to jurisdiction of a court under
4-13 abuse, dependency, or neglect statutes for reasons other than
4-14 legally prohibited conduct of the child; or
4-15 (B) has been taken into custody and is being
4-16 held solely for deportation out of the United States.
4-17 (16) "Aggravated controlled substance felony" means an
4-18 offense under Subchapter D, Chapter 481, Health and Safety Code,
4-19 that is punishable by:
4-20 (A) a minimum term of confinement that is longer
4-21 than the minimum term of confinement for a felony of the first
4-22 degree; or
4-23 (B) a maximum fine that is greater than the
4-24 maximum fine for a felony of the first degree.
4-25 SECTION 4. Sections 51.03(a) and (b), Family Code, are
4-26 amended to read as follows:
4-27 (a) Delinquent conduct is:
5-1 (1) conduct, other than a traffic offense, that
5-2 violates a penal law of this state or of the United States
5-3 punishable by imprisonment or by confinement in jail;
5-4 (2) conduct that violates a reasonable and lawful
5-5 order of a juvenile court entered under Section 54.04 or 54.05 of
5-6 this code, except an order prohibiting the following conduct:
5-7 (A) a violation of the penal laws of this state
5-8 of the grade of misdemeanor that is punishable by fine only or a
5-9 violation of the penal ordinances of any political subdivision of
5-10 this state;
5-11 (B) the unexcused voluntary absence of a child
5-12 from school; or
5-13 (C) the voluntary absence of a child from his
5-14 home without the consent of his parent or guardian for a
5-15 substantial length of time or without intent to return; <or>
5-16 (3) conduct that violates a reasonable and lawful
5-17 order of a municipal court or justice court under circumstances
5-18 that would constitute contempt of that court; or
5-19 (4) conduct that violates the laws of this state
5-20 prohibiting driving while intoxicated or under the influence of
5-21 intoxicating liquor (third or subsequent offense) or driving while
5-22 under the influence of any narcotic drug or of any other drug to
5-23 the degree that renders the child incapable of safely driving a
5-24 vehicle (third or subsequent offense).
5-25 (b) Conduct indicating a need for supervision is:
5-26 (1) subject to Subsection (f) of this section,
5-27 conduct, other than a traffic offense, that violates:
6-1 (A) the penal laws of this state of the grade of
6-2 misdemeanor that are punishable by fine only; or
6-3 (B) the penal ordinances of any political
6-4 subdivision of this state;
6-5 (2) the unexcused voluntary absence of a child on 10
6-6 or more days or parts of days within a six-month period or three or
6-7 more days or parts of days within a four-week period from school
6-8 without the consent of his parents;
6-9 (3) the voluntary absence of a child from his home
6-10 without the consent of his parent or guardian for a substantial
6-11 length of time or without intent to return;
6-12 (4) conduct which violates the laws of this state
6-13 prohibiting driving while intoxicated or under the influence of
6-14 intoxicating liquor (first or second offense) or driving while
6-15 under the influence of any narcotic drug or of any other drug to a
6-16 degree which renders him incapable of safely driving a vehicle
6-17 (first or second offense); <or>
6-18 (5) conduct prohibited by city ordinance or by state
6-19 law involving the inhalation of the fumes or vapors of paint and
6-20 other protective coatings or glue and other adhesives and the
6-21 volatile chemicals itemized in Section 484.002, Health and Safety
6-22 Code; or
6-23 (6) an act that violates a school district's
6-24 previously communicated written standards of student conduct for
6-25 which the child has been expelled under Section 21.3011, Education
6-26 Code.
6-27 SECTION 5. Chapter 51, Family Code, is amended by adding
7-1 Sections 51.041 and 51.042 to read as follows:
7-2 Sec. 51.041. JURISDICTION AFTER APPEAL. The court retains
7-3 jurisdiction over a person, without regard to the age of the
7-4 person, for conduct engaged in by the person before becoming 17
7-5 years of age if, as a result of an appeal by the person under
7-6 Chapter 56 of an order of the court, the order is reversed or
7-7 modified and the case remanded to the court by the appellate court.
7-8 Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
7-9 CHILD. (a) A child who objects to the jurisdiction of the court
7-10 over the child because of the age of the child must raise the
7-11 objection at the adjudication hearing or discretionary transfer
7-12 hearing, if any.
7-13 (b) A child who does not object as provided by Subsection
7-14 (a) waives any right to object to the jurisdiction of the court
7-15 because of the age of the child at a later hearing or on appeal.
7-16 SECTION 6. Section 51.06(b), Family Code, is amended to read
7-17 as follows:
7-18 (b) An application for a writ of habeas corpus brought by or
7-19 on behalf of a person <child> who has been committed to an
7-20 institution under the jurisdiction of the Texas Youth Commission
7-21 and which attacks the validity of the judgment of commitment shall
7-22 be brought in the county in which the court that entered the
7-23 judgment of commitment is located.
7-24 SECTION 7. Section 51.09(b), Family Code, as amended by
7-25 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
7-26 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
7-27 Legislature, Regular Session, 1991, and amended to read as follows:
8-1 (b) Notwithstanding any of the provisions of Subsection (a)
8-2 of this section, the statement of a child is admissible in evidence
8-3 in any future proceeding concerning the matter about which the
8-4 statement was given if:
8-5 (1) when the child is in a detention facility or other
8-6 place of confinement or in the custody of an officer, the statement
8-7 is made in writing and the statement shows that the child has at
8-8 some time prior to the making thereof received from a magistrate a
8-9 warning that:
8-10 (A) the child may remain silent and not make any
8-11 statement at all and that any statement that the child makes may be
8-12 used in evidence against the child;
8-13 (B) the child has the right to have an attorney
8-14 present to advise the child either prior to any questioning or
8-15 during the questioning;
8-16 (C) if the child is unable to employ an
8-17 attorney, the child has the right to have an attorney appointed to
8-18 counsel with the child prior to or during any interviews with peace
8-19 officers or attorneys representing the state;
8-20 (D) the child has the right to terminate the
8-21 interview at any time;
8-22 (E) if the child is 14 <15> years of age or
8-23 older at the time of the violation of a penal law of the grade of
8-24 felony the juvenile court may waive its jurisdiction and the child
8-25 may be tried as an adult or, if the child has previously been
8-26 transferred to a district court or criminal district court for
8-27 criminal proceedings and has violated a penal law of the grade of
9-1 felony, the juvenile court is required to waive its jurisdiction
9-2 and the child will be tried as an adult;
9-3 (F) the child may be sentenced to commitment in
9-4 the Texas Youth Commission with a transfer to the institutional
9-5 division of the Texas Department of Criminal Justice for a term not
9-6 to exceed 40 years for a capital felony, felony of the first
9-7 degree, or aggravated controlled substance felony, 20 years for a
9-8 felony of the second degree, or 10 years for a felony of the third
9-9 degree if the child is found to have engaged in delinquent conduct,
9-10 alleged in a petition approved by a grand jury, that included:
9-11 (i) murder;
9-12 (ii) capital murder;
9-13 (iii) aggravated kidnapping;
9-14 (iv) aggravated sexual assault;
9-15 (v) aggravated robbery;
9-16 (vi) aggravated assault that is punishable
9-17 under Section 22.02(b)(2), Penal Code (assault against a public
9-18 servant), or is defined by Section 22.02(a)(2), Penal Code (assault
9-19 using or exhibiting a deadly weapon) <deadly assault on a law
9-20 enforcement officer, corrections officer, court participant, or
9-21 probation personnel>; <or>
9-22 (vii) deadly conduct defined by Section
9-23 22.05(b), Penal Code (discharging firearm at persons or certain
9-24 objects);
9-25 (viii) manslaughter;
9-26 (ix) intoxication manslaughter;
9-27 (x) an offense that is a felony of the
10-1 first degree or an aggravated controlled substance felony under
10-2 Subchapter D, Chapter 481, Health and Safety Code (certain offenses
10-3 involving controlled substances);
10-4 (xi) indecency with a child that is
10-5 punishable under Section 21.11(a)(1), Penal Code;
10-6 (xii) injury to a child, elderly
10-7 individual, or disabled individual, if the conduct is punishable
10-8 under Section 22.04, Penal Code, as a felony, other than a state
10-9 jail felony;
10-10 (xiii) criminal solicitation of a minor
10-11 (Section 15.031, Penal Code);
10-12 (xiv) attempted murder;
10-13 (xv) <(vi)> attempted capital murder; or
10-14 (xvi) criminal attempt to commit an
10-15 offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal
10-16 Procedure; <and>
10-17 (G) the child may be sentenced to commitment to
10-18 the Texas Youth Commission with a transfer to the institutional
10-19 division of the Texas Department of Criminal Justice for a term
10-20 prescribed by Section 54.04(d)(3) if:
10-21 (i) the child is found to have engaged in
10-22 conduct, alleged in a petition approved by a grand jury, that
10-23 violates a penal law of the grade of felony, other than a state
10-24 jail felony;
10-25 (ii) the child has at least two previous
10-26 final adjudications for conduct violating a penal law of the grade
10-27 of felony; and
11-1 (iii) at least one of the previous final
11-2 adjudications described by Subparagraph (ii) of this paragraph is
11-3 for conduct that occurred after the date a previous adjudication
11-4 described by Subparagraph (ii) of this paragraph was rendered, if
11-5 that adjudication became final; and
11-6 (H) the statement must be signed in the presence
11-7 of a magistrate by the child with no law enforcement officer or
11-8 prosecuting attorney present, except that a magistrate may require
11-9 a bailiff or a law enforcement officer if a bailiff is not
11-10 available to be present if the magistrate determines that the
11-11 presence of the bailiff or law enforcement officer is necessary for
11-12 the personal safety of the magistrate or other court personnel,
11-13 provided that the bailiff or law enforcement officer may not carry
11-14 a weapon in the presence of the child. The magistrate must be
11-15 fully convinced that the child understands the nature and contents
11-16 of the statement and that the child is signing the same
11-17 voluntarily. If such a statement is taken, the magistrate shall
11-18 sign a written statement verifying the foregoing requisites have
11-19 been met.
11-20 The child must knowingly, intelligently, and voluntarily
11-21 waive these rights prior to and during the making of the statement
11-22 and sign the statement in the presence of a magistrate who must
11-23 certify that he has examined the child independent of any law
11-24 enforcement officer or prosecuting attorney, except as required to
11-25 ensure the personal safety of the magistrate or other court
11-26 personnel, and has determined that the child understands the nature
11-27 and contents of the statement and has knowingly, intelligently, and
12-1 voluntarily waived these rights.
12-2 (2) it be made orally and the child makes a statement
12-3 of facts or circumstances that are found to be true, which conduct
12-4 tends to establish his guilt, such as the finding of secreted or
12-5 stolen property, or the instrument with which he states the offense
12-6 was committed.
12-7 (3) the statement was res gestae of the delinquent
12-8 conduct or the conduct indicating a need for supervision or of the
12-9 arrest.
12-10 SECTION 8. Section 51.09(c), Family Code, as amended by
12-11 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
12-12 Session, 1991, is reenacted and amended to read as follows:
12-13 (c) A warning under Subsection (b)(1)(E), <or Subsection>
12-14 (b)(1)(F), or (b)(1)(G) <of this section> is required only when
12-15 applicable to the facts of the case. A failure to warn a child
12-16 under Subsection (b)(1)(E) <of this section> does not render a
12-17 statement made by the child inadmissible unless the child is
12-18 transferred to a criminal district court under Section 54.02 <of
12-19 this code>. A failure to warn a child under Subsection (b)(1)(F)
12-20 or Subsection (b)(1)(G) <of this section> does not render a
12-21 statement made by the child inadmissible unless the state proceeds
12-22 against the child on a petition approved by a grand jury under
12-23 Section 53.045 <of this code>.
12-24 SECTION 9. Section 51.12, Family Code, is amended by
12-25 amending Subsections (a) and (c) and adding Subsections (f), (g),
12-26 and (h) to read as follows:
12-27 (a) Except as provided by Subsection (h), <after transfer to
13-1 criminal court for prosecution under Section 54.02 of this code>, a
13-2 child may <shall not> be detained only in a:
13-3 (1) juvenile processing office in compliance with
13-4 Section 52.025;
13-5 (2) place of nonsecure custody in compliance with
13-6 Section 52.027; or
13-7 (3) certified juvenile detention facility that
13-8 complies with the requirements of Subsection (f) <in or committed
13-9 to a compartment of a jail or lockup in which adults arrested for,
13-10 charged with, or convicted of crime are detained or committed, nor
13-11 be permitted contact with such persons>.
13-12 (c) In each county, the judge of the juvenile court and the
13-13 members of the juvenile board shall personally inspect the
13-14 detention facilities and any public or private secure correctional
13-15 facilities used for post-adjudication confinement that are located
13-16 in the county and operated under authority of the juvenile board at
13-17 least annually and shall certify in writing to the authorities
13-18 responsible for operating and giving financial support to the
13-19 facilities and to the Texas Juvenile Probation Commission that they
13-20 are suitable or unsuitable for the detention of children in
13-21 accordance with:
13-22 (1) the requirements of Subsections <Subsection> (a),
13-23 (f), and (g) <of this section>; and
13-24 (2) minimum <the requirements of Subchapter A, Chapter
13-25 351, Local Government Code, if the detention facility is a county
13-26 jail; and>
13-27 <(3) recognized> professional standards for the
14-1 detention of children in pre-adjudication or post-adjudication
14-2 secure confinement <deemed appropriate by the board, which may
14-3 include minimum standards> promulgated by the Texas Juvenile
14-4 Probation Commission or, at the election of the juvenile board, the
14-5 standards promulgated by the American Correctional Association<.
14-6 The juvenile board shall annually provide to the Texas Juvenile
14-7 Probation Commission a copy of the standards used under this
14-8 section>.
14-9 (f) A child detained in a building that contains a jail,
14-10 lockup, or other place of secure confinement, including an alcohol
14-11 or other drug treatment facility, shall be separated by sight and
14-12 sound from adults detained in the same building. Children and
14-13 adults are separated by sight and sound only if they are unable to
14-14 see or hear each other and conversation between them is not
14-15 possible. The separation must extend to all areas of the facility,
14-16 including sally ports and passageways, and those areas used for
14-17 admission, counseling, sleeping, toileting, showering, dining,
14-18 recreational, educational, or vocational activities, and health
14-19 care.
14-20 (g) Except for a child detained in a juvenile processing
14-21 office or a place of non-secure custody, a child detained in a
14-22 building that contains a jail or lockup may not have any contact
14-23 with:
14-24 (1) part-time or full-time security staff, including
14-25 management, who have contact with adults detained in the same
14-26 building; or
14-27 (2) direct-care staff who have contact with adults
15-1 detained in the same building.
15-2 (h) This section does not apply to a person:
15-3 (1) after transfer to criminal court for prosecution
15-4 under Section 54.02; or
15-5 (2) who is at least 18 years of age and who has been
15-6 taken into custody after having:
15-7 (A) escaped from a juvenile facility; or
15-8 (B) violated a condition of probation or of
15-9 release under supervision of the Texas Youth Commission.
15-10 SECTION 10. Section 51.13, Family Code, is amended by
15-11 amending Subsection (a) and adding Subsection (d) to read as
15-12 follows:
15-13 (a) Except as provided by Subsection (d), an <An> order of
15-14 adjudication or disposition in a proceeding under this title is not
15-15 a conviction of crime, and does not impose any civil disability
15-16 ordinarily resulting from a conviction or operate to disqualify the
15-17 child in any civil service application or appointment.
15-18 (d) An adjudication under Section 54.03 that a child engaged
15-19 in conduct that constitutes a felony offense resulting in
15-20 commitment to the Texas Youth Commission under Section 54.04(d)(2),
15-21 (d)(3), or (m) or 54.05(f) is a final felony conviction only for
15-22 the purposes of Sections 12.42(a)-(c) and (e), Penal Code.
15-23 SECTION 11. Section 51.17, Family Code, is amended to read
15-24 as follows:
15-25 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
15-26 burden of proof to be borne by the state in adjudicating a child to
15-27 be delinquent or in need of supervision under Section 54.03(f) or
16-1 otherwise when in conflict with a provision of this title, the
16-2 Texas Rules of Civil Procedure govern proceedings under this title.
16-3 <Particular reference is made to the burden of proof to be borne by
16-4 the state in adjudicating a child to be delinquent or in need of
16-5 supervision (Section 54.03(f)).>
16-6 (b) Discovery in a proceeding under this title is governed
16-7 by the Code of Criminal Procedure and by case decisions in criminal
16-8 cases.
16-9 (c) Except as otherwise provided by this title, the Texas
16-10 Rules of Criminal Evidence apply in a judicial proceeding under
16-11 this title.
16-12 SECTION 12. Section 52.01(a), Family Code, is amended to
16-13 read as follows:
16-14 (a) A child may be taken into custody:
16-15 (1) pursuant to an order of the juvenile court under
16-16 the provisions of this subtitle;
16-17 (2) pursuant to the laws of arrest;
16-18 (3) by a law-enforcement officer, including a school
16-19 district peace officer commissioned under Section 21.483, Education
16-20 Code, if there is probable cause <are reasonable grounds> to
16-21 believe that the child has engaged in:
16-22 (A) conduct that violates a penal law of this
16-23 state or a penal ordinance of any political subdivision of this
16-24 state; or
16-25 (B) delinquent conduct or conduct indicating a
16-26 need for supervision; <or>
16-27 (4) by a probation officer if there is probable cause
17-1 <are reasonable grounds> to believe that the child has violated a
17-2 condition of probation imposed by the juvenile court; or
17-3 (5) pursuant to a directive to apprehend issued as
17-4 provided by Section 52.015.
17-5 SECTION 13. Chapter 52, Family Code, is amended by adding
17-6 Section 52.015 to read as follows:
17-7 Sec. 52.015. DIRECTIVE TO APPREHEND. (a) On the request of
17-8 a law-enforcement or probation officer, a juvenile court may issue
17-9 a directive to apprehend a child if the court finds there is
17-10 probable cause to take the child into custody under the provisions
17-11 of this title.
17-12 (b) On the issuance of a directive to apprehend, any
17-13 law-enforcement or probation officer shall take the child into
17-14 custody.
17-15 (c) An order under this section is not subject to appeal.
17-16 SECTION 14. Chapter 52, Family Code, is amended by adding
17-17 Section 52.027 to read as follows:
17-18 Sec. 52.027. CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
17-19 OFFENSES, OTHER FINEABLE ONLY OFFENSES, OR AS A STATUS OFFENDER.
17-20 (a) A child may be released to the child's parent, guardian,
17-21 custodian, or other responsible adult as provided in Section
17-22 52.02(a)(1) if the child is taken into custody:
17-23 (1) for a traffic offense;
17-24 (2) for an offense other than public intoxication
17-25 punishable by fine only; or
17-26 (3) as a status offender or nonoffender.
17-27 (b) A child described by Subsection (a) must be taken only
18-1 to a place previously designated by the head of the law enforcement
18-2 agency with custody of the child as an appropriate place of
18-3 nonsecure custody for children unless the child:
18-4 (1) is released under Section 52.02(a)(1);
18-5 (2) is taken before a municipal court or justice
18-6 court; or
18-7 (3) for truancy or running away, is taken to a
18-8 juvenile detention facility.
18-9 (c) A place of nonsecure custody for children must be an
18-10 unlocked, multipurpose area. A lobby, office, or interrogation
18-11 room is suitable if the area is not designated, set aside, or used
18-12 as a secure detention area and is not part of a secure detention
18-13 area. A place of nonsecure custody may be a juvenile processing
18-14 office designated under Section 52.025 if the area is not locked
18-15 when it is used as a place of nonsecure custody.
18-16 (d) The following procedures shall be followed in a place of
18-17 nonsecure custody for children:
18-18 (1) a child may not be secured physically to a cuffing
18-19 rail, chair, desk, or other stationary object;
18-20 (2) the child may be held in the nonsecure facility
18-21 only long enough to accomplish the purpose of identification,
18-22 investigation, processing, release to parents, or the arranging of
18-23 transportation to the appropriate juvenile court, juvenile
18-24 detention facility, municipal court, or justice court;
18-25 (3) residential use of the area is prohibited; and
18-26 (4) the child shall be under continuous visual
18-27 supervision by a law enforcement officer or facility staff person
19-1 during the time the child is in nonsecure custody.
19-2 (e) Notwithstanding any other provision of this section, a
19-3 child may not, under any circumstances, be detained in a place of
19-4 nonsecure custody for more than six hours.
19-5 (f) A child taken into custody for a traffic offense or an
19-6 offense, other than public intoxication, punishable by fine only
19-7 may be presented or detained in a detention facility designated by
19-8 the juvenile court under Section 52.02(a)(3) only if:
19-9 (1) the child's non-traffic case is transferred to the
19-10 juvenile court by a municipal court or justice court under Section
19-11 51.08(b); or
19-12 (2) the child is referred to the juvenile court by a
19-13 municipal court or justice court for contempt of court under
19-14 Subsection (h).
19-15 (g) A law enforcement officer may issue a field release
19-16 citation, as provided by Article 14.06, Code of Criminal Procedure,
19-17 in place of taking a child into custody for a traffic offense or an
19-18 offense, other than public intoxication, punishable by fine only.
19-19 (h) A municipal court or justice court may not hold a child
19-20 in contempt for intentionally refusing to obey a lawful order of
19-21 disposition after an adjudication of guilt of a traffic offense or
19-22 other offense punishable by fine only. The municipal court or
19-23 justice court shall instead refer the child to the appropriate
19-24 juvenile court for delinquent conduct for contempt of the municipal
19-25 court or justice court order.
19-26 (i) In this section, "child" means a person who is at least
19-27 10 years of age and younger than 18 years of age and who:
20-1 (1) is charged with or convicted of a traffic offense
20-2 or an offense, other than public intoxication, punishable by fine
20-3 only as a result of an act committed before becoming 17 years of
20-4 age;
20-5 (2) is a status offender and was taken into custody as
20-6 a status offender for conduct engaged in before becoming 17 years
20-7 of age; or
20-8 (3) is a nonoffender and became a nonoffender before
20-9 becoming 17 years of age.
20-10 SECTION 15. Sections 53.01(a) and (b), Family Code, are
20-11 amended to read as follows:
20-12 (a) On referral of a child or a child's case to the office
20-13 or official designated by the juvenile court, the intake officer,
20-14 probation officer, or other person authorized by the court shall
20-15 conduct a preliminary investigation to determine whether:
20-16 (1) the person referred to juvenile court is a child
20-17 within the meaning of this title; and
20-18 (2) there is probable cause to believe the child
20-19 engaged in delinquent conduct or conduct indicating a need for
20-20 supervision<; and>
20-21 <(3) further proceedings in the case are in the
20-22 interest of the child or the public>.
20-23 (b) If it is determined that the person is not a child<,> or
20-24 there is no probable cause, <or further proceedings are not
20-25 warranted,> the child shall immediately be released and all
20-26 proceedings terminated.
20-27 SECTION 16. Chapter 53, Family Code, is amended by adding
21-1 Sections 53.011-53.013 to read as follows:
21-2 Sec. 53.011. DISPOSITION OF CHILD FOR WHOM PROBABLE CAUSE
21-3 EXISTS. If a determination under Section 53.01 is that the person
21-4 referred is a child and that there is probable cause to believe the
21-5 child engaged in delinquent conduct or conduct indicating a need
21-6 for supervision, the child shall be referred to the prosecuting
21-7 attorney or assigned appropriate sanctions as provided by Section
21-8 53.012.
21-9 Sec. 53.012. REFERRAL OF CHILD; REVIEW BY PROSECUTOR. (a)
21-10 A child who is alleged to have engaged in delinquent conduct that
21-11 constitutes a felony offense shall be promptly referred to the
21-12 prosecuting attorney with:
21-13 (1) each document relating to the referral; and
21-14 (2) a summary description of each previous referral of
21-15 the child to a juvenile court, juvenile probation department, or
21-16 juvenile detention facility.
21-17 (b) A child who is alleged to have engaged in delinquent
21-18 conduct that constitutes a misdemeanor offense or conduct
21-19 indicating a need for supervision shall be promptly:
21-20 (1) referred to the prosecuting attorney with the
21-21 documents required by Subsection (a);
21-22 (2) assigned appropriate sanctions under Section
21-23 59.003, if a progressive sanctions program adopted by the juvenile
21-24 board is established; or
21-25 (3) assigned for further nonjudicial proceedings.
21-26 (c) The prosecuting attorney shall promptly review the
21-27 circumstances and allegations of each referral under this section
22-1 for legal sufficiency and the desirability of prosecution.
22-2 (d) If the prosecuting attorney does not file a petition
22-3 against a child referred to the prosecuting attorney, the
22-4 prosecuting attorney shall:
22-5 (1) terminate all proceedings, if the reason for not
22-6 filing a petition is lack of probable cause; or
22-7 (2) return the referral to the probation department
22-8 for:
22-9 (A) assignment of appropriate sanctions under
22-10 Section 59.003 if a progressive sanctions program adopted by the
22-11 juvenile board is established; or
22-12 (B) further nonjudicial proceedings.
22-13 (e) The juvenile probation department shall promptly refer a
22-14 child who has been assigned a sanction and who fails or refuses to
22-15 comply with the sanction to the prosecuting attorney for review of
22-16 the child's case and determination of whether to file a petition.
22-17 Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. Each juvenile
22-18 board may adopt a progressive sanctions program using the
22-19 guidelines for progressive sanctions in Chapter 59.
22-20 SECTION 17. Section 53.03, Family Code, is amended to read
22-21 as follows:
22-22 Sec. 53.03. DEFERRED PROSECUTION <INTAKE CONFERENCE AND
22-23 ADJUSTMENT>. (a) If the preliminary investigation required by
22-24 Section 53.01 of this code results in a determination that further
22-25 proceedings in the case are authorized <and warranted>, the
22-26 prosecuting attorney may defer prosecution of the child and the
22-27 probation department <officer or other designated officer of the
23-1 court>, subject to the direction of the juvenile court, may impose
23-2 the sanctions under Section 59.003 or other sanctions, including
23-3 restitution or community service, <may advise the parties for a
23-4 reasonable period of time not to exceed six months concerning an
23-5 informal adjustment and voluntary rehabilitation of a child> if:
23-6 (1) deferred prosecution <advice without a court
23-7 hearing> would be in the interest of the public and the child;
23-8 (2) the child and his parent, guardian, or custodian
23-9 consent with knowledge that consent is not obligatory; and
23-10 (3) the child and his parent, guardian, or custodian
23-11 are informed that they may terminate the deferred prosecution
23-12 <adjustment process> at any point and petition the court for a
23-13 court hearing in the case.
23-14 (b) Except as otherwise permitted by this title, the child
23-15 may not be detained during or as a result of the deferred
23-16 prosecution <adjustment> process.
23-17 (c) An incriminating statement made by a participant to the
23-18 person giving advice and in the discussions or conferences incident
23-19 thereto may not be used against the declarant in any court hearing.
23-20 (d) <An informal adjustment authorized by this section may
23-21 involve:>
23-22 <(1) voluntary restitution by the child or his parent
23-23 to the victim of an offense; or>
23-24 <(2) voluntary community service restitution by the
23-25 child.>
23-26 <(e)> The court may adopt a fee schedule for deferred
23-27 prosecution <informal adjustment> services and rules for the waiver
24-1 of a fee for financial hardship in accordance with guidelines that
24-2 the Texas Juvenile Probation Commission shall provide. The maximum
24-3 fee is $15 a month. If the court adopts a schedule and rules for
24-4 waiver, the probation officer or other designated officer of the
24-5 court shall collect the fee authorized by the schedule from the
24-6 parent, guardian, or custodian of a child for whom a deferred
24-7 prosecution <an informal adjustment> is authorized under this
24-8 section or waive the fee in accordance with the rules adopted by
24-9 the court. The officer shall deposit the fees received under this
24-10 section in the county treasury to the credit of a special fund that
24-11 may be used only for juvenile probation or community-based juvenile
24-12 corrections services or facilities in which a juvenile may be
24-13 required to live while under court supervision. If the court does
24-14 not adopt a schedule and rules for waiver, a fee for deferred
24-15 prosecution <informal adjustment> services may not be imposed.
24-16 (e) A child is not eligible for deferred prosecution under
24-17 this section if there is probable cause to believe that the child
24-18 has engaged in conduct that constitutes a felony unless the
24-19 prosecuting attorney consents in writing.
24-20 (f) The probation officer or other officer designated by the
24-21 court supervising a program of deferred prosecution for a child
24-22 under this section shall report to the juvenile court any violation
24-23 by the child of the program.
24-24 SECTION 18. Section 53.045(a), Family Code, is amended to
24-25 read as follows:
24-26 (a) Except as provided by Subsection (e) of this section,
24-27 the prosecuting attorney may refer the petition to the grand jury
25-1 of the county in which the court in which the petition is filed
25-2 presides if the petition alleges:
25-3 (1) that the child engaged in delinquent conduct that
25-4 included the violation of any of the following provisions <of the
25-5 Penal Code>:
25-6 (A) <(1)> Section 19.02, Penal Code (murder);
25-7 (B) <(2)> Section 19.03, Penal Code (capital
25-8 murder);
25-9 (C) <(3)> Section 20.04, Penal Code (aggravated
25-10 kidnapping);
25-11 (D) <(4)> Section 22.021, Penal Code (aggravated
25-12 sexual assault);
25-13 (E) <(5)> Section 22.02(b)(2), Penal Code
25-14 (aggravated assault against a public servant) <22.03 (deadly
25-15 assault on a law enforcement officer, corrections officer, or court
25-16 participant)>; <or>
25-17 (F) <(6)> Section 29.03, Penal Code (aggravated
25-18 robbery);
25-19 (G) Section 22.02(a)(2), Penal Code (aggravated
25-20 assault using or exhibiting a deadly weapon);
25-21 (H) Section 22.05(b), Penal Code (felony deadly
25-22 conduct involving discharging a firearm);
25-23 (I) Section 19.04, Penal Code (manslaughter);
25-24 (J) Section 49.08, Penal Code (intoxication
25-25 manslaughter);
25-26 (K) Subchapter D, Chapter 481, Health and Safety
25-27 Code (certain offenses involving controlled substances), if the
26-1 conduct is a felony of the first degree or an aggravated controlled
26-2 substance felony;
26-3 (L) Section 21.11(a)(1), Penal Code (indecency
26-4 with a child);
26-5 (M) Section 22.04, Penal Code (injury to a
26-6 child, elderly individual, or disabled individual), if the conduct
26-7 constitutes a felony, other than a state jail felony;
26-8 (N) Section 15.031, Penal Code (criminal
26-9 solicitation of a minor); or
26-10 (O) Section 15.01, Penal Code (criminal
26-11 attempt), if the offense attempted was an offense under Section
26-12 19.02, Penal Code (murder) or Section 19.03, Penal Code (capital
26-13 murder), or an offense listed by Section 3g(a)(1), Article 42.12,
26-14 Code of Criminal Procedure; or
26-15 (2) that:
26-16 (A) the child engaged in conduct that violates a
26-17 penal law of the grade of felony, other than a state jail felony;
26-18 (B) the child has at least two previous final
26-19 adjudications for conduct violating a penal law of the grade of
26-20 felony; and
26-21 (C) at least one of the previous final
26-22 adjudications described by Paragraph (B) is for conduct that
26-23 occurred after the date a previous adjudication described by
26-24 Paragraph (B) was rendered, if that adjudication became final.
26-25 SECTION 19. Chapter 53, Family Code, is amended by adding
26-26 Section 53.08 to read as follows:
26-27 Sec. 53.08. WRIT OF ATTACHMENT. (a) The juvenile court may
27-1 issue a writ of attachment for a person who violates an order
27-2 entered under Section 53.06(c).
27-3 (b) A writ of attachment issued under this section is
27-4 executed in the same manner as in a criminal proceeding as provided
27-5 by Chapter 24, Code of Criminal Procedure.
27-6 SECTION 20. Section 54.01, Family Code, is amended by
27-7 amending Subsections (h) and (l) and adding Subsection (n) to read
27-8 as follows:
27-9 (h) A detention order extends to the conclusion of the
27-10 disposition hearing, if there is one, but in no event for more than
27-11 10 working days. Further detention orders may be made following
27-12 subsequent detention hearings. The initial detention hearing may
27-13 not be waived but subsequent <Subsequent> detention hearings may be
27-14 waived in accordance with the requirements of Section 51.09 of this
27-15 code. Each subsequent<, but each> detention order shall extend for
27-16 no more than 10 working days.
27-17 (l) The juvenile board or, if there is none, the juvenile
27-18 court, may appoint a referee to conduct the detention hearing. The
27-19 referee shall be an attorney licensed to practice law in this
27-20 state. Such payment or additional payment as may be warranted for
27-21 referee services shall be provided from county funds. Before
27-22 commencing the detention hearing, the referee shall inform the
27-23 parties who have appeared that they are entitled to have the
27-24 hearing before the juvenile court judge or a substitute judge
27-25 authorized by Section 51.04(f) of this code. If a party objects to
27-26 the referee conducting the detention hearing, an authorized judge
27-27 shall conduct the hearing within 24 hours. At the conclusion of
28-1 the hearing, the referee shall transmit written findings and
28-2 recommendations to the juvenile court judge or substitute judge.
28-3 The juvenile court judge or substitute judge shall adopt, modify,
28-4 or reject the referee's recommendations not later than the next
28-5 working day after the day that the judge receives the
28-6 recommendations <within 24 hours>. Failure to act within that time
28-7 results in release of the child by operation of law. A
28-8 recommendation that the child be released operates to secure his
28-9 immediate release, subject to the power of the juvenile court judge
28-10 or substitute judge to reject or modify that recommendation. The
28-11 effect of an order detaining a child shall be computed from the
28-12 time of the hearing before the referee.
28-13 (n) An attorney appointed by the court under Section
28-14 51.10(c) because a determination was made under this section to
28-15 detain a child who was not represented by an attorney may request
28-16 on behalf of the child and is entitled to a de novo detention
28-17 hearing under this section. The attorney must make the request not
28-18 later than the 10th working day after the date the attorney is
28-19 appointed. The hearing must take place not later than the second
28-20 working day after the date the attorney filed a formal request with
28-21 the court for a hearing.
28-22 SECTION 21. Chapter 54, Family Code, is amended by adding
28-23 Section 54.011 to read as follows:
28-24 Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND
28-25 NONOFFENDERS. (a) The detention hearing for a status offender or
28-26 nonoffender who has not been released administratively under
28-27 Section 53.02 shall be held before the 24th hour after the time the
29-1 child arrived at the designated detention facility, excluding hours
29-2 of a weekend or a holiday. Except as otherwise provided by this
29-3 section, the judge or referee conducting the detention hearing
29-4 shall release the status offender or nonoffender from secure
29-5 detention.
29-6 (b) The judge or referee may order a child in detention
29-7 accused of the violation of a valid court order as defined by
29-8 Section 51.02 detained not longer than 72 hours after the time the
29-9 detention order was entered, excluding weekends and holidays, if:
29-10 (1) the judge or referee finds at the detention
29-11 hearing that there is probable cause to believe the child violated
29-12 the valid court order; and
29-13 (2) the detention of the child is justified under
29-14 Section 54.01(1), (2), or (3).
29-15 (c) Except as provided by Subsection (d), a detention order
29-16 entered under Subsection (b) may be extended for one additional
29-17 72-hour period, excluding weekends and holidays, only on a finding
29-18 of good cause by the juvenile court.
29-19 (d) A detention order for a child under this section may be
29-20 extended on the demand of the child's attorney only to allow the
29-21 time that is necessary to comply with the requirements of Section
29-22 51.10(h), entitling the attorney to 10 days to prepare for an
29-23 adjudication hearing.
29-24 (e) A status offender may be detained for a necessary
29-25 period, not to exceed five days, to enable the child's return to
29-26 the child's home in another state under Section 25.03.
29-27 SECTION 22. Section 54.02, Family Code, is amended by
30-1 amending Subsections (a), (g), (h), and (j) and adding Subsection
30-2 (m) to read as follows:
30-3 (a) The juvenile court may waive its exclusive original
30-4 jurisdiction and transfer a child to the appropriate district court
30-5 or criminal district court for criminal proceedings if:
30-6 (1) the child is alleged to have violated a penal law
30-7 of the grade of felony;
30-8 (2) the child was 14 <15> years of age or older at the
30-9 time he is alleged to have committed the offense and no
30-10 adjudication hearing has been conducted concerning that offense;
30-11 and
30-12 (3) after full investigation and hearing the juvenile
30-13 court determines that there is probable cause to believe that the
30-14 child before the court committed the offense alleged and that
30-15 because of the seriousness of the offense or the background of the
30-16 child the welfare of the community requires criminal proceedings.
30-17 (g) If the petition alleges multiple offenses that
30-18 constitute more than one criminal transaction, the juvenile court
30-19 shall either retain or transfer all offenses relating to a single
30-20 transaction. A <juvenile court retains jurisdiction, the> child
30-21 is not subject to criminal prosecution at any time for any offense
30-22 arising out of a criminal transaction for which the juvenile court
30-23 retains jurisdiction <alleged in the petition or for any offense
30-24 within the knowledge of the juvenile court judge as evidenced by
30-25 anything in the record of the proceedings>.
30-26 (h) If the juvenile court waives jurisdiction, it shall
30-27 state specifically in the order its reasons for waiver and certify
31-1 its action, including the written order and findings of the court,
31-2 and shall transfer the person <child> to the appropriate court for
31-3 criminal proceedings. On transfer of the person <child> for
31-4 criminal proceedings, the person <he> shall be dealt with as an
31-5 adult and in accordance with the Code of Criminal Procedure. The
31-6 transfer of custody is an arrest. <The court to which the child is
31-7 transferred shall determine if good cause exists for an examining
31-8 trial. If there is no good cause for an examining trial, the court
31-9 shall refer the case to the grand jury. If there is good cause for
31-10 an examining trial, the court shall conduct an examining trial and
31-11 may remand the child to the jurisdiction of the juvenile court.>
31-12 (j) The juvenile court may waive its exclusive original
31-13 jurisdiction and transfer a person to the appropriate district
31-14 court or criminal district court for criminal proceedings if:
31-15 (1) the person is 18 years of age or older;
31-16 (2) the person was 14 <15> years of age or older and
31-17 under 17 years of age at the time he is alleged to have committed a
31-18 felony;
31-19 (3) no adjudication concerning the alleged offense has
31-20 been made or no adjudication hearing concerning the offense has
31-21 been conducted;
31-22 (4) the juvenile court finds from a preponderance of
31-23 the evidence that:
31-24 (A) for a reason beyond the control of the state
31-25 it was not practicable to proceed in juvenile court before the 18th
31-26 birthday of the person; or
31-27 (B) after due diligence of the state it was not
32-1 practicable to proceed in juvenile court before the 18th birthday
32-2 of the person because:
32-3 (i) <(A)> the state did not have probable
32-4 cause to proceed in juvenile court and new evidence has been found
32-5 since the 18th birthday of the person; <or>
32-6 (ii) <(B)> the person could not be found;
32-7 or
32-8 (iii) a previous transfer order was
32-9 reversed by an appellate court or set aside by a district court;
32-10 and
32-11 (5) the juvenile court determines that there is
32-12 probable cause to believe that the child before the court committed
32-13 the offense alleged.
32-14 (m) Notwithstanding any other provision of this section, the
32-15 juvenile court shall waive its exclusive original jurisdiction and
32-16 transfer a child to the appropriate district court or criminal
32-17 court for criminal proceedings if:
32-18 (1) the child has previously been transferred to a
32-19 district court or criminal district court for criminal proceedings
32-20 under this section, unless:
32-21 (A) the child was not indicted in the matter
32-22 transferred by the grand jury;
32-23 (B) the child was found not guilty in the matter
32-24 transferred;
32-25 (C) the matter transferred was dismissed with
32-26 prejudice; or
32-27 (D) the child was convicted in the matter
33-1 transferred, the conviction was reversed on appeal, and the appeal
33-2 is final; and
33-3 (2) the child is alleged to have violated a penal law
33-4 of the grade of felony.
33-5 SECTION 23. Section 54.021, Family Code, is amended to read
33-6 as follows:
33-7 Sec. 54.021. JUSTICE OR MUNICIPAL COURT: TRUANCY. (a) The
33-8 juvenile court may waive its exclusive original jurisdiction and
33-9 transfer a child to an appropriate justice or municipal court, with
33-10 the permission of the justice or municipal court, for disposition
33-11 in the manner provided by Subsection (b) of this section if the
33-12 child is alleged to have engaged in conduct described in Section
33-13 51.03(b)(2) of this code. A waiver of jurisdiction under this
33-14 subsection may be for an individual case or for all cases in which
33-15 a child is alleged to have engaged in conduct described in Section
33-16 51.03(b)(2) of this code. The waiver of a juvenile court's
33-17 exclusive original jurisdiction for all cases in which a child is
33-18 alleged to have engaged in conduct described in Section 51.03(b)(2)
33-19 of this code is effective for a period of one year.
33-20 (b) A justice or municipal court may exercise jurisdiction
33-21 over a person <child> alleged to have engaged in conduct indicating
33-22 a need for supervision by engaging in conduct described in Section
33-23 51.03(b)(2) in a case where the juvenile court has waived its
33-24 original jurisdiction under this section. A justice or municipal
33-25 court may exercise jurisdiction under this section without regard
33-26 to whether the justice of the peace or municipal judge for the
33-27 court is a licensed attorney or the hearing for a case is before a
34-1 jury consisting of six persons.
34-2 (c) On a finding that a person <child> has engaged in
34-3 conduct described by Section 51.03(b)(2), the justice or municipal
34-4 court shall enter an order appropriate to the nature of the
34-5 conduct.
34-6 (d) On a finding by the justice or municipal court that the
34-7 person <child> has engaged in truant conduct and that the conduct
34-8 is of a recurrent nature, the court may enter an order that
34-9 includes one or more of the following provisions requiring that:
34-10 (1) the person <child> attend a preparatory class for
34-11 the high school equivalency examination provided under Section
34-12 11.35, Education Code, if the court determines that the person
34-13 <child> is too old to do well in a formal classroom environment;
34-14 (2) the person <child> attend a special program that
34-15 the court determines to be in the best interests of the person
34-16 <child>, including an alcohol and drug abuse program;
34-17 (3) the person <child> and the person's <child's>
34-18 parents, managing conservator, or guardian attend a class for
34-19 students at risk of dropping out of school designed for both the
34-20 person <child> and the person's <child's> parents, managing
34-21 conservator, or guardian;
34-22 (4) the person <child> complete reasonable community
34-23 service requirements;
34-24 (5) the person's <child's> driver's license be
34-25 suspended in the manner provided by Section 54.042 of this code;
34-26 (6) the person <child> attend school without unexcused
34-27 absences; or
35-1 (7) the person <child> participate in a tutorial
35-2 program provided by the school attended by the person <child> in
35-3 the academic subjects in which the person <child> is enrolled for a
35-4 total number of hours ordered by the court.
35-5 (e) <An order under Subsection (d) of this section is
35-6 enforceable in the justice court by contempt.>
35-7 <(f)> A school attendance officer may refer a person <child>
35-8 alleged to have engaged in conduct described in Section 51.03(b)(2)
35-9 of this code to the justice court in the precinct where the person
35-10 <child> resides or in the precinct where the person's <child's>
35-11 school is located if the juvenile court having exclusive original
35-12 jurisdiction has waived its jurisdiction as provided by Subsection
35-13 (a) of this section for all cases involving conduct described by
35-14 Section 51.03(b)(2) of this code.
35-15 (f) <(g)> A court having jurisdiction under this section
35-16 shall endorse on the summons issued to the parent, guardian, or
35-17 custodian of the person <child> who is the subject of the hearing
35-18 an order directing the parent, guardian, or custodian to appear
35-19 personally at the hearing and directing the person having custody
35-20 of the person <child> to bring the person <child> to the hearing.
35-21 (g) <(h)> A person commits an offense if the person is a
35-22 parent, guardian, or custodian who fails to attend a hearing under
35-23 this section after receiving notice under Subsection (g) of this
35-24 section that the person's attendance was required. An offense
35-25 under this subsection is a Class C misdemeanor.
35-26 SECTION 24. Section 54.03(d), Family Code, is amended to
35-27 read as follows:
36-1 (d) Except as provided by Section 54.031 of this chapter,
36-2 only material, relevant, and competent evidence in accordance with
36-3 the Texas Rules of Criminal Evidence <requirements for the trial of
36-4 civil cases> may be considered in the adjudication hearing. Except
36-5 in a detention or discretionary transfer hearing, a social history
36-6 report or social service file shall not be viewed by the court
36-7 before the adjudication decision and shall not be viewed by the
36-8 jury at any time.
36-9 SECTION 25. Section 54.04, Family Code, is amended by
36-10 amending Subsections (a), (d), (e), (g), and (k) and adding
36-11 Subsections (m)-(p) to read as follows:
36-12 (a) The disposition hearing shall be separate, distinct, and
36-13 subsequent to the adjudication hearing. There is no right to a
36-14 jury at the disposition hearing unless the child is in jeopardy of
36-15 a determinate sentence under Subsection (d)(3) or (m) of this
36-16 section, in which case, the child is entitled to a jury of 12
36-17 persons to determine the sentence.
36-18 (d) If the court or jury makes the finding specified in
36-19 Subsection (c) of this section allowing the court to make a
36-20 disposition in the case:
36-21 (1) the court or jury may, in addition to any order
36-22 required or authorized under Section 54.041 or 54.042 of this code,
36-23 place the child on probation on such reasonable and lawful terms as
36-24 the court may determine:
36-25 (A) in his own home or in the custody of a
36-26 relative or other fit person; or
36-27 (B) subject to the finding under Subsection (c)
37-1 of this section on the placement of the child outside the child's
37-2 home, in:
37-3 (i) a suitable foster home; or
37-4 (ii) a suitable public or private
37-5 institution or agency, except the Texas Youth Commission;
37-6 (2) if the court or jury found at the conclusion of
37-7 the adjudication hearing that the child engaged in delinquent
37-8 conduct and if the petition was not approved by the grand jury
37-9 under Section 53.045 of this code, the court may commit the child
37-10 to the Texas Youth Commission without a determinate sentence; <or>
37-11 (3) if the court or jury found at the conclusion of
37-12 the adjudication hearing that the child engaged in delinquent
37-13 conduct that included a violation of a penal law listed in Section
37-14 53.045(a) of this code and if the petition was approved by the
37-15 grand jury under Section 53.045 of this code, the court or jury may
37-16 sentence the child to commitment in the Texas Youth Commission with
37-17 a transfer to the institutional division of the Texas Department of
37-18 Criminal Justice for a <any> term of:
37-19 (A) not more than <years not to exceed> 40 years
37-20 if the conduct constitutes:
37-21 (i) a capital felony;
37-22 (ii) a felony of the first degree; or
37-23 (iii) an aggravated controlled substance
37-24 felony;
37-25 (B) not more than 20 years if the conduct
37-26 constitutes a felony of the second degree; or
37-27 (C) not more than 10 years if the conduct
38-1 constitutes a felony of the third degree;
38-2 (4) the court may assign the child an appropriate
38-3 sanction level and sanctions as provided by the assignment
38-4 guidelines in Section 59.004; or
38-5 (5) if applicable, the court or jury may make a
38-6 disposition under Subsection (m) of this section.
38-7 (e) The Texas Youth Commission shall accept a person <child>
38-8 properly committed to it by a juvenile court even though the person
38-9 <child> may be 17 years of age or older at the time of commitment.
38-10 (g) If the court orders a disposition under Subsection
38-11 (d)(3) or (m) of this section and there is an affirmative finding
38-12 that the defendant used or exhibited a deadly weapon during the
38-13 commission of the conduct or during immediate flight from
38-14 commission of the conduct, the court shall enter the finding in the
38-15 order. If there is an affirmative finding that the deadly weapon
38-16 was a firearm, the court shall enter that finding in the order.
38-17 (k) The period to which a court or jury may sentence a
38-18 person <child> to commitment to the Texas Youth Commission with a
38-19 transfer to the Texas Department of Criminal Justice under
38-20 Subsection (d)(3) of this section applies without regard to whether
38-21 the person <child> has previously been adjudicated as having
38-22 engaged in delinquent conduct.
38-23 (m) The court or jury may sentence a child adjudicated for
38-24 conduct constituting a felony other than a state jail felony to a
38-25 term prescribed by Subsection (d)(3) if:
38-26 (1) a petition was filed and approved by a grand jury
38-27 under Section 53.045 alleging that:
39-1 (A) the child engaged in the felony conduct;
39-2 (B) the child has at least two previous final
39-3 adjudications for conduct violating a penal law of the grade of
39-4 felony; and
39-5 (C) at least one of the previous adjudications
39-6 is for conduct described by Paragraph (B) that occurred after the
39-7 date a previous adjudication described by Paragraph (B) was
39-8 rendered, if that adjudication became final; and
39-9 (2) the court or jury finds beyond a reasonable doubt
39-10 that the allegations described by Subdivision (1) in the grand jury
39-11 petition are true.
39-12 (n) If the court determines from the evidence presented at
39-13 the disposition hearing under this section that the child has used
39-14 a controlled substance, hazardous inhalable substances, or alcohol
39-15 habitually or that the use of the substance or alcohol contributed
39-16 to the child's engaging in the conduct, the court may not place the
39-17 child on probation under Subsection (d) without requiring as a
39-18 condition of probation that the child complete a treatment program
39-19 for the habitual use or the contribution of the habitual use to the
39-20 child's conduct.
39-21 (o) A court may order a disposition of secure confinement of
39-22 a status offender adjudicated for violating a valid court order
39-23 only if:
39-24 (1) before the order is issued, the child received the
39-25 full due process rights guaranteed by the Constitution of the
39-26 United States; and
39-27 (2) the juvenile probation department in a report
40-1 authorized by Subsection (b):
40-2 (A) reviewed the behavior of the child and the
40-3 circumstances under which the child was brought before the court;
40-4 (B) determined the reasons for the behavior that
40-5 caused the child to be brought before the court; and
40-6 (C) determined that all dispositions, including
40-7 treatment, other than placement in a secure detention facility or
40-8 secure correctional facility, have been exhausted or are clearly
40-9 inappropriate.
40-10 (p) A status offender may not, under any circumstances, be
40-11 committed to the Texas Youth Commission for engaging in conduct
40-12 that would not, under state or local law, be a crime if committed
40-13 by an adult.
40-14 SECTION 26. Sections 54.041(b)-(e), Family Code, are amended
40-15 to read as follows:
40-16 (b) If a child is found to have engaged in delinquent
40-17 conduct or conduct indicating a need for supervision arising from
40-18 the commission of an offense in which property damage or loss or
40-19 personal injury occurred, the juvenile court, on notice to all
40-20 persons affected and on hearing, may order the child or a parent to
40-21 make full or partial restitution to the victim of the offense. The
40-22 program of restitution must promote the rehabilitation of the
40-23 child, be appropriate to the age and physical, emotional, and
40-24 mental abilities of the child, and not conflict with the child's
40-25 schooling. When practicable and subject to court supervision, the
40-26 court may approve a restitution program based on a settlement
40-27 between the child and the victim of the offense. The court shall
41-1 encourage mediation between the child and the victim in arriving at
41-2 the terms of restitution ordered under this subsection. An order
41-3 under this subsection may provide for periodic payments by the
41-4 child or a parent of the child for the period specified in the
41-5 order but that period may not extend past the date of the 18th
41-6 birthday of the child or past the date the child is no longer
41-7 enrolled in an accredited secondary school in a program leading
41-8 toward a high school diploma, whichever date is later.
41-9 (c) If the child or parent is unable to make full or partial
41-10 restitution or if a restitution order is not appropriate under the
41-11 circumstances, the court may order the child to render personal
41-12 services to a charitable or educational institution in the manner
41-13 prescribed in the court order in lieu of restitution.
41-14 (d) Restitution under this section is cumulative of any
41-15 other remedy allowed by law and may be used in addition to other
41-16 remedies; except that a victim of an offense is not entitled to
41-17 receive more than actual damages under a juvenile court order.
41-18 (e) A city, town, or county that establishes a program to
41-19 assist children in rendering personal services to a charitable or
41-20 educational institution as authorized by this subsection may
41-21 purchase insurance policies protecting the city, town, or county
41-22 against claims brought by a person other than the child for a cause
41-23 of action that arises from an act of the child while rendering
41-24 those services. The city, town, or county is not liable under this
41-25 Act to the extent that damages are recoverable under a contract of
41-26 insurance or under a plan of self-insurance authorized by statute.
41-27 The liability of the city, town, or county for a cause of action
42-1 that arises from an action of the child while rendering those
42-2 services may not exceed $100,000 to a single person and $300,000
42-3 for a single occurrence in the case of personal injury or death,
42-4 and $10,000 for a single occurrence of property damage. Liability
42-5 may not extend to punitive or exemplary damages. This subsection
42-6 does not waive a defense, immunity, or jurisdictional bar available
42-7 to the city, town, or county or its officers or employees, nor
42-8 shall this Act be construed to waive, repeal, or modify any
42-9 provision of Chapter 101, Civil Practice and Remedies Code <the
42-10 Texas Tort Claims Act, as amended (Article 6252-19, Vernon's Texas
42-11 Civil Statutes)>.
42-12 (f) <(c)> A person subject to an order proposed under
42-13 Subsection (a) of this section is entitled to a hearing on the
42-14 order before the order is entered by the court.
42-15 (g) <(d)> An order made under this section may be enforced
42-16 as provided by Section 54.07 of this code.
42-17 (h) <(e)> If a child is found to have engaged in conduct
42-18 indicating a need for supervision described under Section
42-19 51.03(b)(2) of this code, the court may order the child's parents
42-20 or guardians to attend a class provided under Section 21.035(h),
42-21 Education Code, if the school district in which the child's parents
42-22 or guardians reside offers a class under that section.
42-23 SECTION 27. Sections 54.042(b), (d), and (e), Family Code,
42-24 are amended to read as follows:
42-25 (b) The order under Subsection (a)(1) of this section shall
42-26 specify a period of suspension or denial that is<:>
42-27 <(1)> until the child reaches the age of 19 <17> or
43-1 for a period of 365 days, whichever is longer<; or>
43-2 <(2) if the court finds that the child has engaged in
43-3 conduct violating the laws of this state prohibiting driving while
43-4 intoxicated, by reason of the introduction of alcohol into the
43-5 body, under Article 6701l-1, Revised Statutes, and also determines
43-6 that the child has previously been found to have engaged in conduct
43-7 violating the same laws, until the child reaches the age of 19 or
43-8 for a period of 365 days, whichever is longer>.
43-9 (d) A juvenile court, in a disposition hearing under Section
43-10 54.04 of this code, may order the Department of Public Safety to
43-11 suspend a child's driver's license or permit or, if the child does
43-12 not have a license or permit, to deny the issuance of a license or
43-13 permit to the child for a period not to exceed 12 <six> months if
43-14 the court finds that the child has engaged in conduct in need of
43-15 supervision or delinquent conduct other than the conduct described
43-16 by Subsection (a) of this section.
43-17 (e) A juvenile court that places a child on probation under
43-18 Section 54.04 of this code may require as a reasonable condition of
43-19 the probation that if the child violates the probation, the court
43-20 may order the Department of Public Safety to suspend the child's
43-21 driver's license or permit or, if the child does not have a license
43-22 or permit, to deny the issuance of a license or permit to the child
43-23 for a period not to exceed 12 <six> months. The court may make
43-24 this order if a child that is on probation under this condition
43-25 violates the probation. A suspension under this subsection is
43-26 cumulative of any other suspension under this section.
43-27 SECTION 28. Chapter 54, Family Code, is amended by adding
44-1 Section 54.045 to read as follows:
44-2 Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT. (a)
44-3 During a disposition hearing under Section 54.04, a child may:
44-4 (1) admit having engaged in delinquent conduct or
44-5 conduct indicating a need for supervision for which the child has
44-6 not been adjudicated; and
44-7 (2) request the court to take the admitted conduct
44-8 into account in the disposition of the child.
44-9 (b) If the prosecuting attorney agrees, the court may take
44-10 the admitted conduct into account in the disposition of the child.
44-11 (c) A court may take into account admitted conduct over
44-12 which exclusive venue lies in another county only if the court
44-13 obtains permission from the prosecuting attorney for that county.
44-14 (d) A child may not be adjudicated by any court for having
44-15 engaged in conduct taken into account under this section.
44-16 SECTION 29. Section 54.05(f), Family Code, is amended to
44-17 read as follows:
44-18 (f) A disposition based on a finding that the child engaged
44-19 in delinquent conduct may be modified so as to commit the child to
44-20 the Texas Youth Commission if the court after a hearing to modify
44-21 disposition finds beyond a reasonable doubt that the child violated
44-22 a reasonable and lawful order of the court. A disposition based on
44-23 a finding that the child engaged in a delinquent conduct that
44-24 included a violation of a penal law listed in Section 53.045(a) of
44-25 this code may be modified to commit the child to the Texas Youth
44-26 Commission with a transfer to the institutional division of the
44-27 Texas Department of Criminal Justice for a definite term prescribed
45-1 by Section 54.04(d)(3) <not to exceed 40 years> if the original
45-2 petition was approved by the grand jury under Section 53.045 of
45-3 this code and if after a hearing to modify the disposition the
45-4 court or jury finds that the child violated a reasonable and lawful
45-5 order of the court.
45-6 SECTION 30. Section 54.06, Family Code, as amended by
45-7 Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
45-8 Session, 1993, is amended by amending Subsection (c) and adding
45-9 Subsections (d), (e), and (f) to read as follows:
45-10 (c) A court may enforce an order for support under this
45-11 section by ordering garnishment of the wages of the person ordered
45-12 to pay support or by any other means available to enforce a child
45-13 support order under Title 2.
45-14 (d) An order <(c) Orders> for support may be enforced as
45-15 provided in Section 54.07 of this code.
45-16 (e) The court shall apply the child support guidelines under
45-17 Section 14.055 in an order requiring the payment of child support
45-18 under this section. The court shall also require in an order to
45-19 pay child support under this section that health insurance be
45-20 provided for the child. Section 14.061 applies to an order
45-21 requiring health insurance for a child under this section.
45-22 (f) An order under this section prevails over any previous
45-23 child support order issued with regard to the child to the extent
45-24 of any conflict between the orders.
45-25 SECTION 31. Section 54.061, Family Code, is amended by
45-26 adding Subsection (d) to read as follows:
45-27 (d) If the court finds that a child, parent, or other person
46-1 responsible for the child's support is financially unable to pay
46-2 the probation fee required under Subsection (a), the court shall
46-3 enter into the records of the child's case a statement of that
46-4 finding. The court may waive a fee under this section only if the
46-5 court makes the finding under this subsection.
46-6 SECTION 32. Section 54.08, Family Code, is amended to read
46-7 as follows:
46-8 Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
46-9 provided by Subsection (b), the court shall open <Except for any
46-10 hearing on a petition that has been approved by the grand jury
46-11 under Section 53.045 of this code and in which the child is subject
46-12 to a determinate sentence, the general public may be excluded from>
46-13 hearings under this title to the public unless the court, for good
46-14 cause shown, determines that the public should be excluded.
46-15 (b) The court may not prohibit a person who is a victim of
46-16 the conduct of a child from personally attending a hearing under
46-17 this title relating to the conduct by the child unless the victim
46-18 is to testify in the hearing or any subsequent hearing relating to
46-19 the conduct and the court determines that the victim's testimony
46-20 would be materially affected if the victim hears other testimony at
46-21 trial <in its discretion may admit such members of the general
46-22 public as it deems proper>.
46-23 SECTION 33. Section 54.11, Family Code, is amended to read
46-24 as follows:
46-25 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
46-26 a referral <notice required> under Section 61.079(a), Human
46-27 Resources Code, for <of> the transfer to the institutional
47-1 division of the Texas Department of Criminal Justice <Corrections>
47-2 of a person committed to the Texas Youth Commission under Section
47-3 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
47-4 receipt of a request by the commission under Section 61.081(f),
47-5 Human Resources Code, for approval of the release under
47-6 supervision of a person committed to the commission under Section
47-7 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, the
47-8 court shall set a time and place for a hearing on the release of
47-9 the person.
47-10 (b) The court shall notify the following of the time and
47-11 place of the hearing:
47-12 (1) the person to be transferred or released under
47-13 supervision;
47-14 (2) the parents of the person;
47-15 (3) any legal custodian of the person, including the
47-16 Texas Youth Commission;
47-17 (4) the office of the prosecuting attorney that
47-18 represented the state in the juvenile delinquency proceedings;
47-19 (5) the victim of the offense that was included in the
47-20 delinquent conduct that was a ground for the disposition, or a
47-21 member of the victim's family; and
47-22 (6) any other person who has filed a written request
47-23 with the court to be notified of a release hearing with respect to
47-24 the person to be transferred or released under supervision.
47-25 (c) Except for the person to be transferred or released
47-26 under supervision and the prosecuting attorney, the failure to
47-27 notify a person listed in Subsection (b) of this section does not
48-1 affect the validity of a <release> hearing conducted or <a release>
48-2 determination made under this section if the record in the case
48-3 reflects that the whereabouts of the persons who did not receive
48-4 notice were unknown to the court and a reasonable effort was made
48-5 by the court to locate those persons.
48-6 (d) At a <release> hearing under this section the court may
48-7 consider written reports from probation officers, professional
48-8 court employees, or professional consultants, in addition to the
48-9 testimony of witnesses. At least one day before the <release>
48-10 hearing, the court shall provide the attorney for the person to be
48-11 transferred or released under supervision with access to all
48-12 written matter to be considered by the court.
48-13 (e) At the <any release> hearing, the person to be
48-14 transferred or released under supervision is entitled to an
48-15 attorney, to examine all witnesses against him, to present evidence
48-16 and oral argument, and to previous examination of all reports on
48-17 and evaluations and examinations of or relating to him that may be
48-18 used in the hearing.
48-19 (f) A <release> hearing under this section is open to the
48-20 public unless the person to be transferred or released under
48-21 supervision waives a public hearing with the consent of his
48-22 attorney and the court.
48-23 (g) A <release> hearing under this section must be recorded
48-24 by a court reporter or by audio or video tape recording, and the
48-25 record of the hearing must be retained by the court for at least
48-26 two years after the date of the final determination on the transfer
48-27 or release of the person by the court.
49-1 (h) The <release> hearing on a person who is referred for
49-2 <the subject of a notice of> transfer under Section 61.079(a),
49-3 Human Resources Code, shall <must> be held not later than the 60th
49-4 day after the date the court receives the referral <before 30 days
49-5 before the person's 18th birthday>.
49-6 (i) On conclusion of the <release> hearing on a person who
49-7 is referred for <the subject of a notice of> transfer under Section
49-8 61.079(a), Human Resources Code, the court may order:
49-9 (1) the return <recommitment> of the person to the
49-10 Texas Youth Commission <without a determinate sentence>; or
49-11 (2) the transfer of the person to the custody of the
49-12 institutional division of the Texas Department of Criminal Justice
49-13 for the completion of the person's <determinate> sentence<; or>
49-14 <(3) the final discharge of the person>.
49-15 (j) On conclusion of the hearing on a person who is referred
49-16 for release under supervision under Section 61.081(f), Human
49-17 Resources Code, the court may order the return of the person to the
49-18 Texas Youth Commission:
49-19 (1) with approval for the release of the person under
49-20 supervision; or
49-21 (2) without approval for the release of the person
49-22 under supervision.
49-23 (k) In making a determination under this section, the court
49-24 may consider the experiences and character of the person before and
49-25 after commitment to the youth commission, the nature of the penal
49-26 offense that the person was found to have committed and the manner
49-27 in which the offense was committed, the abilities of the person to
50-1 contribute to society, the protection of the victim of the offense
50-2 or any member of the victim's family, the recommendations of the
50-3 youth commission and prosecuting attorney, the best interests of
50-4 the person, and any other factor relevant to the issue to be
50-5 decided.
50-6 SECTION 34. Section 55.02, Family Code, is amended by adding
50-7 Subsection (f) to read as follows:
50-8 (f) The Texas Department of Mental Health and Mental
50-9 Retardation shall accept for commitment a child:
50-10 (1) for whom proceedings are pending under this title;
50-11 and
50-12 (2) who, because of mental illness, is unfit to
50-13 proceed.
50-14 SECTION 35. Sections 55.03(a) and (c), Family Code, are
50-15 amended to read as follows:
50-16 (a) If a child alleged or found to have engaged in
50-17 delinquent conduct or conduct indicating a need for supervision has
50-18 been found to be unfit to proceed because of mental retardation as
50-19 provided by Section 55.04 or found to be not responsible for the
50-20 child's conduct because of mental retardation as provided by
50-21 Section 55.05 <it appears to the juvenile court, on the suggestion
50-22 of a party or on the court's own notice, that a child alleged or
50-23 found to have engaged in delinquent conduct or conduct indicating a
50-24 need for supervision may be mentally retarded>, the court shall
50-25 order a comprehensive diagnosis and evaluation of the child to be
50-26 performed at a facility approved by the Texas Department of Mental
50-27 Health and Mental Retardation. If the court finds that the results
51-1 of such comprehensive diagnosis and evaluation indicate a
51-2 significantly subaverage general intellectual function of 2.5 or
51-3 more standard deviations below the age-group mean for the tests
51-4 used existing concurrently with deficits in adaptive behavior of
51-5 Levels I-IV, the court shall initiate proceedings to order
51-6 commitment of the child to a facility for the care and treatment of
51-7 mentally retarded persons.
51-8 (c) If the juvenile court enters an order committing the
51-9 child for care and treatment in a facility for mentally retarded
51-10 persons, the child shall be cared for, treated, and released in
51-11 conformity to Subtitle D, Title 7, Health and Safety Code, except:
51-12 (1) the juvenile court that ordered commitment of the
51-13 child shall be notified at least 10 days prior to discharge of the
51-14 child; and
51-15 (2) appeal from juvenile court proceedings under this
51-16 section shall be to the court of <civil> appeals as in other civil
51-17 proceedings <under this title>.
51-18 SECTION 36. Section 56.01, Family Code, is amended by adding
51-19 Subsections (k), (l), and (m) to read as follows:
51-20 (k) The appellate court shall dismiss an appeal on the
51-21 state's motion, supported by affidavit showing that the appellant
51-22 has escaped from custody pending the appeal and, to the affiant's
51-23 knowledge, has not voluntarily returned to the state's custody on
51-24 or before the 10th day after the date of the escape. The court may
51-25 not dismiss an appeal, or if the appeal has been dismissed, shall
51-26 reinstate the appeal, on the filing of an affidavit of an officer
51-27 or other credible person showing that the appellant voluntarily
52-1 returned to custody on or before the 10th day after the date of the
52-2 escape.
52-3 (l) The court may order the child, the child's parent, or
52-4 other person responsible for support of the child to pay the
52-5 child's costs of appeal, including the cost of representation by an
52-6 attorney, unless the court determines the person to be ordered to
52-7 pay the costs is indigent.
52-8 (m) For purposes of determining indigency of the child under
52-9 this section, the court shall consider the assets and income of the
52-10 child, the child's parent, and any other person responsible for the
52-11 support of the child.
52-12 SECTION 37. Section 57.01(3), Family Code, is amended to
52-13 read as follows:
52-14 (3) "Victim" means a person who:
52-15 (A) is the victim of the delinquent conduct of a
52-16 child that includes the elements under the penal law of this state
52-17 of sexual assault, kidnapping, or aggravated robbery; <or>
52-18 (B) has suffered bodily injury or death as a
52-19 result of the conduct of a child that violates a penal law of this
52-20 state; or
52-21 (C) is the owner or lessor of property damaged
52-22 or lost as a result of the conduct of a child that violates a penal
52-23 law of this state.
52-24 SECTION 38. Section 57.002, Family Code, is amended to read
52-25 as follows:
52-26 Sec. 57.002. Victim's Rights. A victim, guardian of a
52-27 victim, or close relative of a deceased victim is entitled to the
53-1 following rights within the juvenile justice system:
53-2 (1) the right to receive from law enforcement agencies
53-3 adequate protection from harm and threats of harm arising from
53-4 cooperation with prosecution efforts;
53-5 (2) the right to have the court or person appointed by
53-6 the court take the safety of the victim or the victim's family into
53-7 consideration as an element in determining whether the child should
53-8 be detained before the child's conduct is adjudicated;
53-9 (3) the right, if requested, to be informed of
53-10 relevant court proceedings, including appellate proceedings, and to
53-11 be informed in a timely manner if those court proceedings have been
53-12 canceled or rescheduled;
53-13 (4) the right to be informed, when requested, by the
53-14 court or a person appointed by the court concerning the procedures
53-15 in the juvenile justice system, including general procedures
53-16 relating to:
53-17 (A) the preliminary investigation and deferred
53-18 prosecution <informal adjustment> of a case; and
53-19 (B) the appeal of the case;
53-20 (5) the right to provide pertinent information to a
53-21 juvenile court conducting a disposition hearing concerning the
53-22 impact of the offense on the victim and the victim's family by
53-23 testimony, written statement, or any other manner before the court
53-24 renders its disposition;
53-25 (6) the right to receive information regarding
53-26 compensation to victims as provided by the Crime Victims
53-27 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
54-1 including information related to the costs that may be compensated
54-2 under that Act and the amount of compensation, eligibility for
54-3 compensation, and procedures for application for compensation under
54-4 that Act, the payment of medical expenses under Section 56.06, Code
54-5 of Criminal Procedure <Section 1, Chapter 299, Acts of the 63rd
54-6 Legislature, Regular Session, 1973 (Article 4447m, Vernon's Texas
54-7 Civil Statutes)>, for a victim of a sexual assault, and when
54-8 requested, to referral to available social service agencies that
54-9 may offer additional assistance;
54-10 (7) the right to be informed, upon request, of
54-11 procedures for release under supervision, to participate in the
54-12 release process, to be notified, if requested, of release
54-13 proceedings concerning the person <child>, to provide to the Texas
54-14 Youth Commission for inclusion in the person's <child's> file
54-15 information to be considered by the commission before the release
54-16 under supervision of the person <child>, and to be notified, if
54-17 requested, of the person's <child's> release;
54-18 (8) the right to be provided with a waiting area,
54-19 separate or secure from other witnesses, including the child
54-20 alleged to have committed the conduct and relatives of the child,
54-21 before testifying in any proceeding concerning the child, or, if a
54-22 separate waiting area is not available, other safeguards should be
54-23 taken to minimize the victim's contact with the child and the
54-24 child's relatives and witnesses, before and during court
54-25 proceedings;
54-26 (9) the right to prompt return of any property of the
54-27 victim that is held by a law enforcement agency or the attorney for
55-1 the state as evidence when the property is no longer required for
55-2 that purpose;
55-3 (10) the right to have the attorney for the state
55-4 notify the employer of the victim, if requested, of the necessity
55-5 of the victim's cooperation and testimony in a proceeding that may
55-6 necessitate the absence of the victim from work for good cause;
55-7 <and>
55-8 (11) the right to be present at all public court
55-9 proceedings related to the conduct of the child as provided by
55-10 Section 54.08, subject to that section; and
55-11 (12) any other right appropriate to the victim that a
55-12 victim of criminal conduct has under Article 56.02, Code of
55-13 Criminal Procedure <the approval of the court>.
55-14 SECTION 39. Chapter 57, Family Code, is amended by adding
55-15 Section 57.008 to read as follows:
55-16 Sec. 57.008. PROTECTIVE ORDER. (a) A court may issue a
55-17 protective order directed against a child to protect a victim of
55-18 the child's conduct who, because of the victim's participation in
55-19 the juvenile justice system, risks further harm by the child.
55-20 (b) In the protective order, the court may prohibit the
55-21 child from doing specified acts or require the child to do
55-22 specified acts necessary or appropriate to prevent or reduce the
55-23 likelihood of further harm to the victim by the child.
55-24 SECTION 40. Title 3, Family Code, is amended by adding
55-25 Chapter 58 to read as follows:
55-26 CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
55-27 SUBCHAPTER A. RECORDS
56-1 Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. (a) Law
56-2 enforcement officers and other juvenile justice personnel shall
56-3 collect information described by Section 58.104 as a part of the
56-4 juvenile justice information system created under Subchapter B.
56-5 (b) The information is available as provided by Subchapter
56-6 B.
56-7 Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.
56-8 Except as provided by Chapter 79, Human Resources Code, a child may
56-9 not be fingerprinted or photographed without the consent of the
56-10 juvenile court unless the child is taken into custody for conduct
56-11 that constitutes a felony or a misdemeanor punishable by
56-12 confinement in jail.
56-13 Sec. 58.003. SEALING OF RECORDS. (a) Except as provided by
56-14 Subsections (b) and (c), on the application of a person who has
56-15 been found to have engaged in delinquent conduct or conduct
56-16 indicating a need for supervision, or a person taken into custody
56-17 to determine whether the person engaged in delinquent conduct or
56-18 conduct indicating a need for supervision, or on the juvenile
56-19 court's own motion, the court, after hearing, shall order the
56-20 sealing of the records in the case if the court finds that:
56-21 (1) two years have elapsed since final discharge of
56-22 the person or since the last official action in the person's case
56-23 if there was no adjudication;
56-24 (2) since the time specified in Subdivision (1), the
56-25 person has not been convicted of a felony or a misdemeanor
56-26 involving moral turpitude or found to have engaged in delinquent
56-27 conduct or conduct indicating a need for supervision and no
57-1 proceeding is pending seeking conviction or adjudication; and
57-2 (3) it is unlikely the person will engage in further
57-3 delinquent conduct or conduct indicating a need for supervision or
57-4 will commit a felony or a misdemeanor involving moral turpitude.
57-5 (b) A court may not order the sealing of the records of a
57-6 person adjudicated as having engaged in delinquent conduct that
57-7 violated a penal law listed in Section 53.045.
57-8 (c) Subject to Subsection (b), a court may order the sealing
57-9 of records concerning a person adjudicated as having engaged in
57-10 delinquent conduct that violated a penal law of the grade of felony
57-11 only if:
57-12 (1) the person is 23 years of age or older;
57-13 (2) the person was not transferred by a juvenile court
57-14 under Section 54.02 to a criminal court for prosecution;
57-15 (3) the records have not been used as evidence in the
57-16 punishment phase of a criminal proceeding under Section 3(a),
57-17 Article 37.07, Code of Criminal Procedure; and
57-18 (4) the person has not been convicted of a penal law
57-19 of the grade of felony after becoming age 17.
57-20 (d) The court may grant the relief authorized in Subsection
57-21 (a) at any time after final discharge of the person or after the
57-22 last official action in the case if there was no adjudication.
57-23 (e) Reasonable notice of the hearing shall be given to:
57-24 (1) the person who made the application or who is the
57-25 subject of the records named in the motion;
57-26 (2) the prosecuting attorney for the juvenile court;
57-27 (3) the authority granting the discharge if the final
58-1 discharge was from an institution or from parole;
58-2 (4) the public or private agency or institution having
58-3 custody of records named in the application or motion; and
58-4 (5) the law enforcement agency having custody of files
58-5 or records named in the application or motion.
58-6 (f) A copy of the sealing order shall be sent to each agency
58-7 or official named in the order.
58-8 (g) On entry of the order:
58-9 (1) all law enforcement, prosecuting attorney, clerk
58-10 of court, and juvenile court records ordered sealed shall be sent
58-11 to the court issuing the order;
58-12 (2) all records of a public or private agency or
58-13 institution ordered sealed shall be sent to the court issuing the
58-14 order;
58-15 (3) all index references to the records ordered sealed
58-16 shall be deleted;
58-17 (4) the juvenile court, clerk of court, prosecuting
58-18 attorney, public or private agency or institution, and law
58-19 enforcement officers and agencies shall properly reply that no
58-20 record exists with respect to the person on inquiry in any matter;
58-21 and
58-22 (5) the adjudication shall be vacated and the
58-23 proceeding dismissed and treated for all purposes, including the
58-24 purpose of showing a prior finding of delinquent conduct, as if it
58-25 had never occurred.
58-26 (h) Inspection of the sealed records may be permitted by an
58-27 order of the juvenile court on the petition of the person who is
59-1 the subject of the records and only by those persons named in the
59-2 order.
59-3 (i) On the final discharge of a child or on the last
59-4 official action in the case if there is no adjudication, the child
59-5 shall be given a written explanation of the child's rights under
59-6 this section and a copy of the provisions of this section.
59-7 (j) A person whose records have been sealed under this
59-8 section is not required in any proceeding or in any application for
59-9 employment, information, or licensing to state that the person has
59-10 been the subject of a proceeding under this title and any statement
59-11 that the person has never been found to be a delinquent child shall
59-12 never be held against the person in any criminal or civil
59-13 proceeding.
59-14 (k) A prosecuting attorney may, on application to the
59-15 juvenile court, reopen at any time the files and records of a
59-16 person adjudicated as having engaged in delinquent conduct that
59-17 violated a penal law of the grade of felony sealed by the court
59-18 under this section for the purposes of Sections 12.42(a)-(c) and
59-19 (e), Penal Code.
59-20 (l) On the motion of a person in whose name records are kept
59-21 or on the court's own motion, the court may order the destruction
59-22 of records that have been sealed under this section if:
59-23 (1) the records relate to conduct that did not violate
59-24 a penal law of the grade of felony or a misdemeanor punishable by
59-25 confinement in jail;
59-26 (2) seven years have elapsed since the person's 16th
59-27 birthday; and
60-1 (3) the person has not been convicted of a felony.
60-2 Sec. 58.004. CONFIDENTIALITY OF RECORDS. (a) Information
60-3 obtained for the purpose of diagnosis, examination, evaluation, or
60-4 treatment or for making a referral for treatment of a child by a
60-5 public or private agency or institution providing supervision of a
60-6 child by arrangement of the juvenile court or having custody of the
60-7 child under order of the juvenile court may be disclosed only to:
60-8 (1) the professional staff or consultants of the
60-9 agency or institution;
60-10 (2) the judge, probation officers, and professional
60-11 staff or consultants of the juvenile court;
60-12 (3) an attorney for the child;
60-13 (4) a governmental agency if the disclosure is
60-14 required or authorized by law; or
60-15 (5) a person or entity to whom the child is referred
60-16 for treatment or services if the agency or institution disclosing
60-17 the information has entered into a written confidentiality
60-18 agreement with the person or entity regarding the protection of the
60-19 disclosed information.
60-20 (b) This section does not apply to information collected
60-21 under Section 58.104.
60-22 (Sections 58.005-58.100 reserved for expansion
60-23 SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM
60-24 Sec. 58.101. DEFINITIONS. In this subchapter:
60-25 (1) "Criminal justice agency" has the meaning assigned
60-26 by Section 411.082, Government Code.
60-27 (2) "Department" means the Department of Public Safety
61-1 of the State of Texas.
61-2 (3) "Disposition" means an action that results in the
61-3 termination, transfer of jurisdiction, or indeterminate suspension
61-4 of the prosecution of a juvenile offender.
61-5 (4) "Incident number" means a unique number assigned
61-6 to a child during a specific custodial or detention period or for a
61-7 specific referral to the office or official designated by the
61-8 juvenile court, if the juvenile offender was not taken into custody
61-9 before the referral.
61-10 (5) "Juvenile justice agency" means an agency that has
61-11 custody or control over juvenile offenders.
61-12 (6) "Juvenile offender" means a child who has been
61-13 assigned an incident number.
61-14 (7) "State identification number" means a unique
61-15 number assigned by the department to a child in the juvenile
61-16 justice information system.
61-17 (8) "Uniform incident fingerprint card" means a
61-18 multiple part form containing a unique incident number with space
61-19 for information relating to the conduct for which a child has been
61-20 taken into custody, detained, or referred, the child's
61-21 fingerprints, and other relevant information.
61-22 Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The
61-23 department is responsible for recording data and maintaining a
61-24 database for a computerized juvenile justice information system
61-25 that serves:
61-26 (1) as the record creation point for the juvenile
61-27 justice information system maintained by the state; and
62-1 (2) as the control terminal for entry of records, in
62-2 accordance with federal law, rule, and policy, into the federal
62-3 records system maintained by the Federal Bureau of Investigation.
62-4 (b) The department shall develop and maintain the system
62-5 with the cooperation and advice of the:
62-6 (1) Texas Youth Commission;
62-7 (2) Texas Juvenile Probation Commission; and
62-8 (3) Criminal Justice Policy Council.
62-9 (c) The department may not collect or retain information
62-10 relating to a juvenile if this chapter prohibits or restricts the
62-11 collection or retention of the information.
62-12 (d) The database must contain the information required by
62-13 this subchapter.
62-14 (e) The department shall designate the offense codes and has
62-15 the sole responsibility for designating the state identification
62-16 number for each juvenile whose name appears in the juvenile justice
62-17 system.
62-18 Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile
62-19 justice information system is to:
62-20 (1) provide agencies and personnel within the juvenile
62-21 justice system accurate information relating to children who come
62-22 into contact with the juvenile justice system of this state;
62-23 (2) provide, where allowed by law, adult criminal
62-24 justice agencies accurate and easily accessible information
62-25 relating to children who come into contact with the juvenile
62-26 justice system;
62-27 (3) provide an efficient conversion, where
63-1 appropriate, of juvenile records to adult criminal records;
63-2 (4) improve the quality of data used to conduct impact
63-3 analyses of proposed legislative changes in the juvenile justice
63-4 system; and
63-5 (5) improve the ability of interested parties to
63-6 analyze the functioning of the juvenile justice system.
63-7 Sec. 58.104. TYPES OF INFORMATION COLLECTED. (a) The
63-8 juvenile justice information system shall consist of information
63-9 relating to delinquent conduct committed by a juvenile offender
63-10 that, if the conduct had been committed by an adult, would
63-11 constitute a criminal offense other than an offense punishable by a
63-12 fine only, including information relating to:
63-13 (1) the juvenile offender;
63-14 (2) the intake or referral of the juvenile offender
63-15 into the juvenile justice system;
63-16 (3) the detention of the juvenile offender;
63-17 (4) the prosecution of the juvenile offender;
63-18 (5) the disposition of the juvenile offender's case;
63-19 and
63-20 (6) the probation or commitment of the juvenile
63-21 offender.
63-22 (b) To the extent possible and subject to Subsection (a),
63-23 the department shall include in the juvenile justice information
63-24 system the following information for each juvenile offender taken
63-25 into custody, detained, or referred under this title for delinquent
63-26 conduct:
63-27 (1) the juvenile offender's name, including other
64-1 names by which the juvenile offender is known;
64-2 (2) the juvenile offender's date and place of birth;
64-3 (3) the juvenile offender's physical description,
64-4 including sex, weight, height, race, ethnicity, eye color, hair
64-5 color, scars, marks, and tattoos;
64-6 (4) the juvenile offender's state identification
64-7 number, and other identifying information, as determined by the
64-8 department;
64-9 (5) the juvenile offender's fingerprints;
64-10 (6) the name and identifying number of the agency that
64-11 took into custody or detained the juvenile offender;
64-12 (7) the date of detention or custody;
64-13 (8) the conduct for which the juvenile offender was
64-14 taken into custody, detained, or referred, including level and
64-15 degree of the alleged offense;
64-16 (9) the name and identifying number of the juvenile
64-17 intake agency or juvenile probation office;
64-18 (10) each disposition by the juvenile intake agency or
64-19 juvenile probation office;
64-20 (11) the date of disposition by the juvenile intake
64-21 agency or juvenile probation office;
64-22 (12) the name and identifying number of the
64-23 prosecutor's office;
64-24 (13) each disposition by the prosecutor;
64-25 (14) the date of disposition by the prosecutor;
64-26 (15) the name and identifying number of the court;
64-27 (16) each disposition by the court, including
65-1 information concerning custody of a juvenile offender by a juvenile
65-2 justice agency or probation;
65-3 (17) the date of disposition by the court;
65-4 (18) any commitment or release under supervision by
65-5 the Texas Youth Commission;
65-6 (19) the date of any commitment or release under
65-7 supervision by the Texas Youth Commission; and
65-8 (20) a description of each appellate proceeding.
65-9 (c) The department may designate codes relating to the
65-10 information described by Subsection (b).
65-11 (d) The department shall designate a state identification
65-12 number for each juvenile offender.
65-13 (e) This subchapter does not apply to a disposition that
65-14 represents an administrative status notice of an agency described
65-15 by Section 58.102(b).
65-16 (f) The department shall include in the juvenile justice
65-17 information system information relating to a warrant of arrest, as
65-18 that term is defined by Article 15.01, Code of Criminal Procedure,
65-19 or a directive to apprehend under Section 52.015 for any child,
65-20 without regard to whether the child has been taken into custody.
65-21 Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board
65-22 shall provide for:
65-23 (1) the compilation and maintenance of records and
65-24 information needed for reporting information to the department
65-25 under this subchapter;
65-26 (2) the transmittal to the department, in the manner
65-27 provided by the department, of all records and information required
66-1 by the department under this subchapter; and
66-2 (3) access by the department to inspect records and
66-3 information to determine the completeness and accuracy of
66-4 information reported.
66-5 Sec. 58.106. CONFIDENTIALITY. (a) Except as provided by
66-6 Subsection (b), information contained in the juvenile justice
66-7 information system is confidential information for the use of the
66-8 department and may not be disseminated by the department except:
66-9 (1) with the permission of the juvenile offender, to
66-10 military personnel of this state or the United States;
66-11 (2) to a person or entity to which the department may
66-12 grant access to adult criminal history records as provided by
66-13 Section 411.083, Government Code; and
66-14 (3) to the Criminal Justice Policy Council for
66-15 analytical purposes.
66-16 (b) Subsection (a) does not apply to a document maintained
66-17 by a juvenile justice agency that is the source of information
66-18 collected by the department.
66-19 Sec. 58.107. COMPATIBILITY OF DATA. (a) Data supplied to
66-20 the juvenile justice information system must be compatible with the
66-21 system and must contain both incident numbers and state
66-22 identification numbers.
66-23 (b) Information submitted under this chapter must contain
66-24 the juvenile offender's name and state identification number.
66-25 Sec. 58.108. DUTIES OF AGENCIES AND COURTS. (a) A juvenile
66-26 justice agency and a clerk of a juvenile court shall:
66-27 (1) compile and maintain records needed for reporting
67-1 data required by the department;
67-2 (2) transmit to the department in the manner provided
67-3 by the department data required by the department;
67-4 (3) give the department or its accredited agents
67-5 access to the agency or court for the purpose of inspection to
67-6 determine the completeness and accuracy of data reported; and
67-7 (4) cooperate with the department to enable the
67-8 department to perform its duties under this chapter.
67-9 (b) A juvenile justice agency and clerk of a court shall
67-10 retain documents described by this section.
67-11 (c) An official of an agency or a court may not
67-12 intentionally conceal or destroy any record with intent to violate
67-13 this section.
67-14 Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. (a) The
67-15 department may provide for the use of a uniform incident
67-16 fingerprint card in the maintenance of the juvenile justice
67-17 information system.
67-18 (b) The department shall design, print, and distribute to
67-19 each law enforcement agency and juvenile intake agency uniform
67-20 incident fingerprint cards.
67-21 (c) The incident cards must:
67-22 (1) be serially numbered with an incident number in a
67-23 manner that allows each incident of custody, detention, or referral
67-24 of a juvenile offender who is the subject of the incident
67-25 fingerprint card to be readily ascertained; and
67-26 (2) be multiple part forms that can be transmitted
67-27 with the juvenile offender through the juvenile justice process and
68-1 that allows each agency to report required data to the department.
68-2 (d) Subject to available telecommunications capacity, the
68-3 department shall develop the capability to receive by electronic
68-4 means from a law enforcement agency the information on the uniform
68-5 incident fingerprint card. The information must be in a form that
68-6 is compatible to the form required of data supplied to the juvenile
68-7 justice information system.
68-8 Sec. 58.110. REPORTING. (a) The department by rule shall
68-9 develop reporting procedures that ensure that the juvenile offender
68-10 processing data is reported from the time a juvenile offender is
68-11 initially taken into custody, detained, or referred until the time
68-12 a juvenile offender is released from the jurisdiction of the
68-13 juvenile justice system.
68-14 (b) The law enforcement agency or the juvenile intake agency
68-15 that initiates the entry of the juvenile offender into the juvenile
68-16 justice information system for a specific incident shall prepare a
68-17 uniform incident fingerprint card and initiate the reporting
68-18 process for each incident reportable under this subchapter.
68-19 (c) The clerk of the court exercising jurisdiction over a
68-20 juvenile offender's case shall report the disposition of the case
68-21 to the department.
68-22 (d) In each county, the reporting agencies may make
68-23 alternative arrangements for reporting the required information,
68-24 including combined reporting or electronic reporting, if the
68-25 alternative reporting is approved by the juvenile board and the
68-26 department.
68-27 (e) Except as otherwise required by applicable state laws or
69-1 regulations, information required by this chapter to be reported to
69-2 the department shall be reported promptly. The information shall
69-3 be reported not later than the 30th day after the date the
69-4 information is received by the agency responsible for reporting the
69-5 information, except that a juvenile offender's custody, detention,
69-6 or referral without previous custody shall be reported to the
69-7 department not later than the seventh day after the date of the
69-8 custody, detention, or referral.
69-9 Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners
69-10 court of each county may create a local data advisory board to
69-11 perform the same duties relating to the juvenile justice
69-12 information system as the duties performed by a local data advisory
69-13 board in relation to the criminal history record system under
69-14 Article 60.09, Code of Criminal Procedure.
69-15 SECTION 41. Title 3, Family Code, is amended by adding
69-16 Chapter 59 to read as follows:
69-17 CHAPTER 59. PROGRESSIVE SANCTIONS GUIDELINES
69-18 Sec. 59.001. PURPOSES. The purposes of the progressive
69-19 sanctions guidelines are to:
69-20 (1) provide to the disposition of each child's case
69-21 uniform and consistent standards regarding:
69-22 (A) the seriousness of conduct for which the
69-23 child is before the court;
69-24 (B) the history of delinquent conduct;
69-25 (C) special treatment or training needs; and
69-26 (D) the effectiveness of previous interventions;
69-27 (2) balance public protection, rehabilitation, and a
70-1 child's accountability;
70-2 (3) permit flexibility to the extent allowed by law to
70-3 the decision-maker;
70-4 (4) consider the child's circumstances; and
70-5 (5) provide for uniform and consistent reporting of
70-6 disposition decisions at all levels to enable more effective
70-7 juvenile justice planning and resource allocation.
70-8 Sec. 59.002. APPLICABILITY. This chapter applies only to a
70-9 county in which a juvenile board has adopted a progressive
70-10 sanctions program as provided by Section 53.013.
70-11 Sec. 59.003. SANCTION LEVEL ASSIGNMENT BY PROBATION
70-12 DEPARTMENT. (a) The probation department may assign a sanction
70-13 level of one to a child referred to the probation department under
70-14 Section 53.012.
70-15 (b) The probation department may assign a sanction level of
70-16 two to a child for whom deferred prosecution is authorized under
70-17 Section 53.03.
70-18 Sec. 59.004. SANCTION LEVEL ASSIGNMENT GUIDELINES. (a)
70-19 Except as provided by Subsection (d), after a child's first
70-20 commission of delinquent conduct or conduct indicating a need for
70-21 supervision, the juvenile court may, in a disposition hearing under
70-22 Section 54.04, assign a child one of the following sanction levels
70-23 according to the child's conduct:
70-24 (1) for conduct indicating a need for supervision,
70-25 other than a Class A or Class B misdemeanor, the sanction level is
70-26 one;
70-27 (2) for a Class A or Class B misdemeanor, other than a
71-1 misdemeanor involving the use or possession of a firearm, the
71-2 sanction level is two;
71-3 (3) for a misdemeanor involving the use or possession
71-4 of a firearm or for a state jail felony or a felony of the third
71-5 degree, the sanction level is three;
71-6 (4) for a felony of the second degree, the sanction
71-7 level is four;
71-8 (5) for a felony of the first degree, other than a
71-9 felony involving the use of a firearm, the sanction level is five;
71-10 (6) for a felony of the first degree involving the use
71-11 of a firearm or for an aggravated controlled substance felony, the
71-12 sanction level is six or, if the petition has been approved by a
71-13 grand jury under Section 53.045, seven; or
71-14 (7) for a capital felony, the sanction level is seven.
71-15 (b) Except as provided by Subsection (d), if the child's
71-16 subsequent commission of delinquent conduct or conduct indicating a
71-17 need for supervision involves a violation of a penal law of a
71-18 classification that is the same as or greater than the
71-19 classification of the child's previous conduct, the juvenile court
71-20 may assign the child a sanction level that is one level higher than
71-21 the previously assigned sanction level, unless the child's
71-22 previously assigned sanction level is seven.
71-23 (c) Except as provided by Subsection (d), if the child's
71-24 previously assigned sanction level is four or five and the child's
71-25 subsequent commission of delinquent conduct is of the grade of
71-26 felony, the juvenile court may assign the child a sanction level
71-27 that is one level higher than the previously assigned sanction
72-1 level.
72-2 (d) A juvenile court or probation department may deviate
72-3 from the guidelines under this section by stating in writing its
72-4 reasons for the deviation. Nothing in this chapter prohibits the
72-5 imposition of an appropriate sanction that is different from that
72-6 provided at any sanction level.
72-7 (e) The probation department may extend a period of
72-8 probation specified under sanction levels one through five if the
72-9 circumstances of the child warrant the extension and the probation
72-10 department notifies the juvenile court in writing of the extension
72-11 and the period of and reason for the extension. The court may on
72-12 notice to the probation department deny the extension.
72-13 Sec. 59.005. SANCTION LEVEL ONE. (a) For a child at
72-14 sanction level one, the juvenile court or probation department
72-15 shall:
72-16 (1) require the child to submit to counseling
72-17 regarding the child's conduct;
72-18 (2) inform the child of the progressive sanctions that
72-19 may be imposed on the child if the child continues to engage in
72-20 delinquent conduct or conduct indicating a need for supervision;
72-21 (3) inform the child's parents or guardians of the
72-22 parents' or guardians' responsibility to impose reasonable
72-23 restrictions on the child to prevent the conduct from recurring;
72-24 (4) provide information or other assistance to the
72-25 child or the child's parents or guardians in securing needed social
72-26 services; and
72-27 (5) release the child to the child's parents or
73-1 guardians.
73-2 (b) The juvenile court or probation department shall
73-3 discharge the child from the custody of the probation department
73-4 after the provisions of this section are met.
73-5 Sec. 59.006. SANCTION LEVEL TWO. (a) For a child at
73-6 sanction level two, the juvenile court or probation department
73-7 shall:
73-8 (1) place the child on probation for not less than
73-9 three months or more than six months;
73-10 (2) require the child to make restitution to the
73-11 victim of the child's conduct or perform community service
73-12 restitution appropriate to the nature and degree of harm caused and
73-13 according to the child's ability, if there is a victim of the
73-14 child's conduct;
73-15 (3) require the child's parents or guardians to
73-16 identify restrictions the parents or guardians will impose on the
73-17 child's activities and requirements the parents or guardians will
73-18 set for the child's behavior;
73-19 (4) provide the information or assistance required
73-20 under Sections 59.005(3) and (4); and
73-21 (5) if appropriate, impose additional conditions of
73-22 probation.
73-23 (b) The juvenile court or probation department shall
73-24 discharge the child from the custody of the probation department on
73-25 the date the provisions of this section are met or on the child's
73-26 18th birthday, whichever is earlier.
73-27 Sec. 59.007. SANCTION LEVEL THREE. (a) For a child at
74-1 sanction level three, the juvenile court shall:
74-2 (1) place the child on probation for not less than six
74-3 months or more than 12 months;
74-4 (2) require the child to make restitution to the
74-5 victim of the child's conduct or perform community service
74-6 restitution appropriate to the nature and degree of harm caused and
74-7 according to the child's ability, if there is a victim of the
74-8 child's conduct;
74-9 (3) impose specific restrictions on the child's
74-10 activities and requirements for the child's behavior as conditions
74-11 of probation;
74-12 (4) require a probation officer to closely monitor the
74-13 child's activities and behavior;
74-14 (5) require the child and the child's parents or
74-15 guardians to participate in programs or services designated by the
74-16 court or probation officer; and
74-17 (6) if appropriate, impose additional conditions of
74-18 probation.
74-19 (b) The juvenile court shall discharge the child from the
74-20 custody of the probation department on the date the provisions of
74-21 this section are met or on the child's 18th birthday, whichever is
74-22 earlier.
74-23 Sec. 59.008. SANCTION LEVEL FOUR. (a) For a child at
74-24 sanction level four, the juvenile court shall:
74-25 (1) require the child to participate for not less than
74-26 three months in a highly intensive and regimented program that
74-27 emphasizes discipline, physical fitness, social responsibility, and
75-1 productive work;
75-2 (2) place the child on probation, after the release
75-3 from the program described by Subdivision (1), for not less than
75-4 six months or more than 12 months;
75-5 (3) require the child to make restitution to the
75-6 victim of the child's conduct or perform community service
75-7 restitution appropriate to the nature and degree of harm caused and
75-8 according to the child's ability, if there is a victim of the
75-9 child's conduct;
75-10 (4) impose highly structured restrictions on the
75-11 child's activities and requirements for behavior of the child as
75-12 conditions of probation;
75-13 (5) require a probation officer to closely monitor the
75-14 child;
75-15 (6) require the child and the child's parents or
75-16 guardians to participate in programs or services for their
75-17 particular needs and circumstances; and
75-18 (7) if appropriate, impose additional sanctions.
75-19 (b) The juvenile court shall discharge the child from the
75-20 custody of the probation department on the date the provisions of
75-21 this section are met or on the child's 18th birthday, whichever is
75-22 earlier.
75-23 Sec. 59.009. SANCTION LEVEL FIVE. (a) For a child at
75-24 sanction level five, the juvenile court shall:
75-25 (1) require the child to participate for not less than
75-26 six months or more than 12 months in a highly structured
75-27 residential program that emphasizes discipline, accountability,
76-1 fitness, education and training, productive work, and good values;
76-2 (2) after the child participates in the program
76-3 described by Subdivision (1), place the child on probation for not
76-4 less than six months or more than 12 months;
76-5 (3) require the child to make restitution to the
76-6 victim of the child's conduct or perform community service
76-7 restitution appropriate to the nature and degree of harm caused and
76-8 according to the child's ability, if there is a victim of the
76-9 child's conduct;
76-10 (4) impose highly structured restrictions on the
76-11 child's activities and requirements for behavior of the child as
76-12 conditions of probation;
76-13 (5) require a probation officer to closely monitor the
76-14 child;
76-15 (6) require the child and the child's parents or
76-16 guardians to participate in programs or services for their
76-17 particular needs and circumstances; and
76-18 (7) if appropriate, impose additional sanctions.
76-19 (b) The juvenile court shall discharge the child from the
76-20 custody of the probation department on the date the provisions of
76-21 this section are met or on the child's 18th birthday, whichever is
76-22 earlier.
76-23 Sec. 59.010. SANCTION LEVEL SIX. (a) For a child at
76-24 sanction level six, the juvenile court shall commit the child to
76-25 the custody of the Texas Youth Commission. The commission shall:
76-26 (1) require the child to participate in a highly
76-27 structured residential program that emphasizes discipline,
77-1 accountability, fitness, education and training, productive work,
77-2 and good values for not less than 12 months or more than 24 months
77-3 unless the commission extends the period and the reason for an
77-4 extension is documented;
77-5 (2) require the child to make restitution to the
77-6 victim of the child's conduct or perform community service
77-7 restitution appropriate to the nature and degree of the harm caused
77-8 and according to the child's ability, if there is a victim of the
77-9 child's conduct;
77-10 (3) require the child and the child's parents or
77-11 guardians to participate in programs and services for their
77-12 particular needs and circumstances; and
77-13 (4) if appropriate, impose additional sanctions.
77-14 (b) On release of the child under supervision, the Texas
77-15 Youth Commission shall:
77-16 (1) impose highly structured restrictions on the
77-17 child's activities and requirements for behavior of the child as
77-18 conditions of release under supervision;
77-19 (2) require a parole officer to closely monitor the
77-20 child; and
77-21 (3) if appropriate, impose any other conditions of
77-22 supervision.
77-23 (c) The Texas Youth Commission shall discharge the child
77-24 from the custody of the commission on the date the provisions of
77-25 this section are met or on the child's 21st birthday, whichever is
77-26 earlier.
77-27 Sec. 59.011. SANCTION LEVEL SEVEN. (a) For a child at
78-1 sanction level seven, the juvenile court shall sentence the child
78-2 to commitment to the Texas Youth Commission under Section
78-3 54.04(d)(3), 54.04(m), or 54.05(f). The commission shall:
78-4 (1) require the child to participate in a highly
78-5 structured residential program that emphasizes discipline,
78-6 accountability, fitness, education and training, productive work,
78-7 and good values for not less than 12 months or more than 10 years;
78-8 (2) require the child to make restitution to the
78-9 victim of the child's conduct or perform community service
78-10 restitution appropriate to the nature and degree of harm caused and
78-11 according to the child's ability, if there is a victim of the
78-12 child's conduct;
78-13 (3) require the child and the child's parents or
78-14 guardians to participate in programs and services for their
78-15 particular needs and circumstances; and
78-16 (4) impose any other appropriate sanction.
78-17 (b) On release of the child under supervision, the Texas
78-18 Youth Commission shall:
78-19 (1) impose highly structured restrictions on the
78-20 child's activities and requirements for behavior of the child as
78-21 conditions of release under supervision;
78-22 (2) require a parole officer to monitor the child
78-23 closely; and
78-24 (3) impose any other appropriate condition of
78-25 supervision.
78-26 (c) According to the circumstances of the child, the Texas
78-27 Youth Commission shall refer the child for court review under
79-1 Section 61.079, Human Resources Code, transfer the child to the
79-2 Texas Department of Criminal Justice under Section 61.084, Human
79-3 Resources Code, or discharge the child at the completion of the
79-4 sentence.
79-5 Sec. 59.012. DUTY OF JUVENILE BOARD. A juvenile board shall
79-6 prepare a report to the Texas Juvenile Probation Commission, at
79-7 least quarterly on forms provided by the commission, showing the
79-8 referrals, probation or progressive sanctions violations, and
79-9 commitments to the Texas Youth Commission administered under this
79-10 chapter according to the progressive sanctions guidelines and the
79-11 reasons for any deviation from the guidelines.
79-12 Sec. 59.013. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
79-13 (a) The Texas Youth Commission shall compile information, at least
79-14 quarterly, showing the commitments, placements, parole releases,
79-15 and revocations administered under this chapter according to the
79-16 progressive sanctions guidelines and the reasons for any deviation
79-17 from the guidelines.
79-18 (b) The Texas Juvenile Probation Commission and the Texas
79-19 Youth Commission shall compile the information obtained under this
79-20 section and Section 59.012 and submit this information to the
79-21 Criminal Justice Policy Council.
79-22 (c) The Criminal Justice Policy Council shall analyze the
79-23 information compiled by the Texas Juvenile Probation Commission and
79-24 the Texas Youth Commission under this section and submit the
79-25 council's findings and recommendations at least annually to the
79-26 governor and both houses of the legislature showing the primary
79-27 reasons for any deviation and the effect of the implementation of
80-1 the sanctions guidelines on recidivism rates.
80-2 Sec. 59.014. LIABILITY. The Texas Youth Commission, a
80-3 juvenile board, a court, a person appointed by a court, an attorney
80-4 for the state, a peace officer, or a law enforcement agency is not
80-5 liable for a failure or inability to provide a service listed under
80-6 Sections 59.005 through 59.011.
80-7 Sec. 59.015. APPEAL. The failure or inability of any person
80-8 to provide a service listed under Sections 59.005 through 59.011 or
80-9 the failure of a court or of any person to make a sanction level
80-10 assignment as provided in Section 59.003 or Section 59.004 may not
80-11 be used by a child as a ground for appeal or for a postconviction
80-12 writ of habeas corpus.
80-13 SECTION 42. Section 42.041(b), Human Resources Code, is
80-14 amended to read as follows:
80-15 (b) This section does not apply to:
80-16 (1) a state-operated facility;
80-17 (2) an agency home;
80-18 (3) a facility that is operated in connection with a
80-19 shopping center, business, religious organization, or establishment
80-20 where children are cared for during short periods while parents or
80-21 persons responsible for the children are attending religious
80-22 services, shopping, or engaging in other activities on or near the
80-23 premises, including but not limited to retreats or classes for
80-24 religious instruction;
80-25 (4) a school or class for religious instruction that
80-26 does not last longer than two weeks and is conducted by a religious
80-27 organization during the summer months;
81-1 (5) a youth camp licensed by the Texas Department of
81-2 Health;
81-3 (6) a hospital licensed by the Texas Department of
81-4 Mental Health and Mental Retardation or the Texas Department of
81-5 Health;
81-6 (7) an educational facility accredited by the Central
81-7 Education Agency or the Southern Association of Colleges and
81-8 Schools that operates primarily for educational purposes in grades
81-9 kindergarten and above;
81-10 (8) an educational facility that operates solely for
81-11 educational purposes in grades kindergarten through at least grade
81-12 two, that does not provide custodial care for more than one hour
81-13 during the hours before or after the customary school day, and that
81-14 is a member of an organization that promulgates, publishes, and
81-15 requires compliance with health, safety, fire, and sanitation
81-16 standards equal to standards required by state, municipal, and
81-17 county codes;
81-18 (9) a kindergarten or preschool educational program
81-19 that is operated as part of a public school or a private school
81-20 accredited by the Central Education Agency, that offers educational
81-21 programs through grade six, and that does not provide custodial
81-22 care during the hours before or after the customary school day;
81-23 (10) a family home, whether registered or not;
81-24 (11) an educational facility that is integral to and
81-25 inseparable from its sponsoring religious organization or an
81-26 educational facility both of which do not provide custodial care
81-27 for more than two hours maximum per day, and that offers
82-1 educational programs for children age five and above in one or more
82-2 of the following: kindergarten through at least grade three,
82-3 elementary, or secondary grades; <or>
82-4 (12) an agency group home; <.>
82-5 (13) <(12)> an emergency shelter facility providing
82-6 shelter to minor mothers who are the sole support of their natural
82-7 children under Section 35.05, Family Code, unless the facility
82-8 would otherwise require a license as a child-care facility under
82-9 this section; or
82-10 (14) a juvenile detention facility certified under
82-11 Section 51.12, Family Code, or Section 141.042(d) or a juvenile
82-12 facility providing services solely for the Texas Youth Commission.
82-13 SECTION 43. Section 42.052, Human Resources Code, is amended
82-14 by adding Subsection (g) to read as follows:
82-15 (g) The certification requirements of this section do not
82-16 apply to a juvenile detention facility certified under Section
82-17 52.12, Family Code, or Section 141.042(d).
82-18 SECTION 44. Subchapter C, Chapter 61, Human Resources Code,
82-19 is amended by adding Section 61.0315 to read as follows:
82-20 Sec. 61.0315. REVIEW OF TREATMENT PROGRAMS. (a) The
82-21 commission shall annually review the effectiveness of the
82-22 commission's programs for the rehabilitation and reestablishment in
82-23 society of children committed to the commission, including programs
82-24 for sex offenders, capital offenders, children who are chemically
82-25 dependent, and emotionally disturbed children.
82-26 (b) On or before December 31 of each year, the commission
82-27 shall make a report on the effectiveness of the programs to the
83-1 Legislative Budget Board.
83-2 SECTION 45. Section 61.073, Human Resources Code, is amended
83-3 to read as follows:
83-4 Sec. 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The
83-5 commission shall keep written records of all examinations and
83-6 conclusions based on them and of all orders concerning the
83-7 disposition or treatment of each child subject to its control.
83-8 These records are not public and are available only according to
83-9 the provisions of Sections 58.005 and 58.106 <Section 51.14(b)>,
83-10 Family Code.
83-11 SECTION 46. Section 61.077, Human Resources Code, is amended
83-12 to read as follows:
83-13 Sec. 61.077. Mentally Ill or Retarded Child. (a) If the
83-14 commission determines that a child committed to it is mentally ill
83-15 <or retarded>, the commission, without delay, shall return the
83-16 child to the court of original jurisdiction for appropriate
83-17 disposition or shall request that the court in the county where the
83-18 child is located take any action required by the condition of the
83-19 child.
83-20 (b) The commission shall accept a child committed to the
83-21 commission who is mentally retarded.
83-22 SECTION 47. Section 61.079, Human Resources Code, is amended
83-23 to read as follows:
83-24 Sec. 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
83-25 TRANSFER <REVIEW>. (a) After a child sentenced to commitment to
83-26 the commission with a determinate sentence and transfer to the
83-27 institutional division of the Texas Department of Criminal Justice
84-1 under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
84-2 becomes 16 years of age but before the child becomes 21 years of
84-3 age, the commission may refer the child to the juvenile court that
84-4 entered the order of commitment for approval of the child's
84-5 transfer to the institutional division of the Texas Department of
84-6 Criminal Justice if:
84-7 (1) the child has not completed the sentence; and
84-8 (2) the child's conduct, regardless of whether the
84-9 child was released under supervision under Section 61.081,
84-10 indicates that the welfare of the community requires the transfer
84-11 <During the sixth month before the month in which a person
84-12 committed to the commission under a determinate sentence becomes 18
84-13 years old, the commission shall send to the juvenile court that
84-14 entered the order of commitment a notice of the person's transfer
84-15 to the Texas Department of Corrections if:>
84-16 <(1) the person will not have completed the sentence
84-17 before the person's 18th birthday; and>
84-18 <(2) the person has not been finally released by the
84-19 commission with the approval of the juvenile court that entered the
84-20 order of commitment>.
84-21 (b) The commission shall cooperate with the court on any
84-22 proceeding on the transfer <release> of the child <a person>.
84-23 SECTION 48. Section 61.081, Human Resources Code, is amended
84-24 by amending Subsections (f) and (g) and adding Subsection (h) to
84-25 read as follows:
84-26 (f) If a child <under the age of 18> is committed to the
84-27 commission under a determinate sentence under Section 54.04(d)(3),
85-1 Section 54.04(m), or Section 54.05(f), Family Code, the commission
85-2 may not release the child under supervision without approval of the
85-3 juvenile court that entered the order of commitment unless the
85-4 child has served at least:
85-5 (1) 10 years, if the child was sentenced to commitment
85-6 for conduct constituting capital murder;
85-7 (2) 3 years, if the child was sentenced to commitment
85-8 for conduct constituting a felony of the first degree;
85-9 (3) 2 years, if the child was sentenced to commitment
85-10 for conduct constituting a felony of the second degree; or
85-11 (4) 1 year, if the child was sentenced to commitment
85-12 for conduct constituting a felony of the third degree.
85-13 (g) The commission may request the approval of the court
85-14 under this section at any time.
85-15 (h) <(g)> If the commission finds that a child has violated
85-16 an order under which the child is released under supervision, on
85-17 notice by any reasonable method to all persons affected, the
85-18 commission may order the child:
85-19 (1) to return to an institution;
85-20 (2) if the violation resulted in property damage or
85-21 personal injury:
85-22 (A) to make full or partial restitution to the
85-23 victim of the offense; or
85-24 (B) if the child is financially unable to make
85-25 full or partial restitution, to perform services for a charitable
85-26 or educational institution; or
85-27 (3) to comply with any other conditions the commission
86-1 considers appropriate.
86-2 SECTION 49. Section 61.084, Human Resources Code, is amended
86-3 to read as follows:
86-4 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
86-5 provided by Subsections (b) and (c), if a person is committed to
86-6 the commission under a determinate sentence under Section
86-7 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
86-8 the commission may not discharge the person from its custody
86-9 <before the person's 18th birthday without the approval of the
86-10 juvenile court that entered the order of commitment>.
86-11 (b) The commission shall discharge without a court hearing
86-12 a person committed to it for a determinate sentence under Section
86-13 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
86-14 who has not been transferred to the institutional division of the
86-15 Texas Department of Criminal Justice <or discharged> under a court
86-16 order on the date that the time spent by the person in detention in
86-17 connection with the committing case plus the time spent at the
86-18 Texas Youth Commission under the order of commitment equals the
86-19 period of the <determinate> sentence.
86-20 (c) The commission shall transfer to the institutional
86-21 division of the Texas Department of Criminal Justice a person who
86-22 is the subject of an order under Section 54.11(i)(2), Family Code,
86-23 transferring the person to the custody of the institutional
86-24 division of the Texas Department of Criminal Justice for the
86-25 completion of the person's <determinate> sentence.
86-26 (d) The commission shall transfer a person sentenced under
86-27 Section 54.04(d)(3), 54.04(m), or 54.05(f) to commitment for
87-1 delinquent conduct constituting the offense of capital murder to
87-2 the institutional division of the Texas Department of Criminal
87-3 Justice on the person's 21st birthday to serve the remainder of the
87-4 sentence if the person has not:
87-5 (1) served at least 10 years of the person's sentence;
87-6 or
87-7 (2) been transferred or released under supervision by
87-8 court order.
87-9 (e) Except as provided by Subsection (d) or (f), the <The>
87-10 commission shall discharge from its custody a person not already
87-11 <discharged or> transferred on the person's 21st birthday.
87-12 (f) The commission shall transfer a person who has been
87-13 sentenced under a determinate sentence to commitment under Section
87-14 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
87-15 returned to the commission under Section 54.11(i)(1), Family Code,
87-16 to the custody of the pardons and paroles division of the Texas
87-17 Department of Criminal Justice on the person's 21st birthday, if
87-18 the person has not already been discharged or transferred, to serve
87-19 the remainder of the person's sentence on parole as provided by
87-20 Section 29, Article 42.18, Code of Criminal Procedure.
87-21 SECTION 50. Section 141.042, Human Resources Code, is
87-22 amended by amending Subsection (a) and adding Subsections (c) and
87-23 (d) to read as follows:
87-24 (a) The commission shall adopt reasonable rules that
87-25 provide:
87-26 (1) minimum standards for personnel, staffing, case
87-27 loads, programs, facilities, record keeping, equipment, and other
88-1 aspects of the operation of a juvenile board that are necessary to
88-2 provide adequate and effective probation services;
88-3 (2) a code of ethics for probation officers and for
88-4 the enforcement of that code;
88-5 (3) appropriate educational, preservice and in-service
88-6 training, and certification standards for probation officers or
88-7 court-supervised community-based program personnel; and
88-8 (4) minimum standards for juvenile detention
88-9 facilities, public post-adjudication juvenile secure correctional
88-10 facilities that are operated under the authority of a juvenile
88-11 board, and private post-adjudication juvenile secure correctional
88-12 facilities, except those facilities exempt from certification by
88-13 Section 42.052(e).
88-14 (c) The commission shall annually monitor compliance with
88-15 the standards established under Subsection (a)(4) if the juvenile
88-16 board has elected to comply with those standards or shall annually
88-17 ensure that the facility is certified by the American Correctional
88-18 Association if the juvenile board has elected to comply with those
88-19 standards.
88-20 (d) The commission shall annually inspect any private,
88-21 post-adjudication juvenile secure correctional facility if the
88-22 juvenile board of the county in which the facility is located has
88-23 not inspected it during the previous year, except a facility exempt
88-24 from certification by Section 42.052(e).
88-25 SECTION 51. Section 8.07(a), Penal Code, is amended to read
88-26 as follows:
88-27 (a) A person may not be prosecuted for or convicted of any
89-1 offense that he committed when younger than 14 <15> years of age
89-2 except:
89-3 (1) perjury and aggravated perjury when it appears by
89-4 proof that he had sufficient discretion to understand the nature
89-5 and obligation of an oath;
89-6 (2) a violation of a penal statute cognizable under
89-7 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
89-8 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
89-9 which violates the laws of this state prohibiting driving while
89-10 intoxicated or under the influence of intoxicating liquor (first or
89-11 subsequent offense) or driving while under the influence of any
89-12 narcotic drug or of any other drug to a degree which renders him
89-13 incapable of safely driving a vehicle (first or subsequent
89-14 offense)>;
89-15 (3) a violation of a motor vehicle traffic ordinance
89-16 of an incorporated city or town in this state;
89-17 (4) a misdemeanor punishable by fine only other than
89-18 public intoxication; or
89-19 (5) a violation of a penal ordinance of a political
89-20 subdivision.
89-21 SECTION 52. Section 12.42, Penal Code, is amended by adding
89-22 Subsection (f) to read as follows:
89-23 (f) For the purposes of Subsections (a)-(c) and (e), an
89-24 adjudication by a juvenile court under Section 54.03 that a child
89-25 engaged in conduct constituting a felony offense resulting in
89-26 commitment to the Texas Youth Commission under Section 54.04(d)(2),
89-27 (d)(3), or (m) or 54.05(f), Family Code, is a final felony
90-1 conviction.
90-2 SECTION 53. Chapter 15, Penal Code, is amended by adding
90-3 Section 15.031 to read as follows:
90-4 Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A
90-5 person commits an offense if, with intent that an offense listed by
90-6 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
90-7 committed, the person requests, commands, or attempts to induce a
90-8 minor to engage in specific conduct that, under the circumstances
90-9 surrounding the actor's conduct as the actor believes them to be,
90-10 would constitute an offense listed by Section 3g(a)(1), Article
90-11 42.12, or make the minor a party to the commission of an offense
90-12 listed by Section 3g(a)(1), Article 42.12.
90-13 (b) A person may not be convicted under this section on the
90-14 uncorroborated testimony of the minor allegedly solicited unless
90-15 the solicitation is made under circumstances strongly corroborative
90-16 of both the solicitation itself and the actor's intent that the
90-17 minor act on the solicitation.
90-18 (c) It is no defense to prosecution under this section that:
90-19 (1) the minor solicited is not criminally responsible
90-20 for the offense solicited;
90-21 (2) the minor solicited has been acquitted, has not
90-22 been prosecuted or convicted, has been convicted of a different
90-23 offense or of a different type or class of offense, or is immune
90-24 from prosecution;
90-25 (3) the actor belongs to a class of persons that by
90-26 definition of the offense solicited is legally incapable of
90-27 committing the offense in an individual capacity; or
91-1 (4) the offense solicited was actually committed.
91-2 (d) An offense under this section is one category lower than
91-3 the solicited offense.
91-4 (e) In this section, "minor" means an individual younger
91-5 than 17 years of age.
91-6 SECTION 54. Chapter 4, Code of Criminal Procedure, is
91-7 amended by adding Article 4.18 to read as follows:
91-8 Art. 4.18. TRANSFER OF JURISDICTION FROM JUVENILE COURT.
91-9 (a) A claim that a district court or criminal district court does
91-10 not have jurisdiction over a person because jurisdiction is
91-11 exclusively in the juvenile court and that the juvenile court could
91-12 not waive jurisdiction under Section 8.07(a), Penal Code, or did
91-13 not waive jurisdiction under Section 8.07(b), Penal Code, must be
91-14 made by written motion in bar of prosecution filed with the court
91-15 in which criminal charges against the person are filed.
91-16 (b) The motion must be filed and presented to the presiding
91-17 judge of the court:
91-18 (1) if the defendant enters a plea of guilty or no
91-19 contest, before the plea;
91-20 (2) if the defendant's guilt or punishment is tried or
91-21 determined by a jury, before selection of the jury begins; or
91-22 (3) if the defendant's guilt is tried by the court,
91-23 before the first witness is sworn.
91-24 (c) Unless the motion is not contested, the presiding judge
91-25 shall promptly conduct a hearing without a jury and rule on the
91-26 motion. The party making the motion has the burden of establishing
91-27 by a preponderance of the evidence those facts necessary for the
92-1 motion to prevail.
92-2 (d) A person may not contest the jurisdiction of the court
92-3 on the ground that the juvenile court has exclusive jurisdiction
92-4 if:
92-5 (1) the person does not file a motion within the time
92-6 requirements of this article; or
92-7 (2) the presiding judge finds under Subsection (c)
92-8 that a motion made under this article does not prevail.
92-9 (e) An appellate court may review a trial court's
92-10 determination under this article, if otherwise authorized by law,
92-11 only after conviction in the trial court.
92-12 (f) A court that finds that it lacks jurisdiction over a
92-13 case because exclusive jurisdiction is in the juvenile court shall
92-14 transfer the case to the juvenile court as provided by Section
92-15 51.08, Family Code.
92-16 SECTION 55. Section 14.06(b), Code of Criminal Procedure, is
92-17 amended to read as follows:
92-18 (b) A peace officer who is charging a person, including a
92-19 child, with committing an offense that is a Class C misdemeanor,
92-20 other than an offense under Section 49.02, Penal Code, may, instead
92-21 of taking the person before a magistrate, issue a citation to the
92-22 person that contains written notice of the time and place the
92-23 person must appear before a magistrate, the name and address of the
92-24 person charged, and the offense charged.
92-25 SECTION 56. Section 3(a), Article 37.07, Code of Criminal
92-26 Procedure, is amended to read as follows:
92-27 (a) Regardless of the plea and whether the punishment be
93-1 assessed by the judge or the jury, evidence may be offered by the
93-2 state and the defendant as to any matter the court deems relevant
93-3 to sentencing, including but not limited to the prior criminal
93-4 record of the defendant, his general reputation, his character, an
93-5 opinion regarding his character, the circumstances of the offense
93-6 for which he is being tried, and, notwithstanding Rules 404 and
93-7 405, Texas Rules of Criminal Evidence, any other evidence of an
93-8 extraneous crime or bad act that is shown beyond a reasonable doubt
93-9 by evidence to have been committed by the defendant or for which he
93-10 could be held criminally responsible, regardless of whether he has
93-11 previously been charged with or finally convicted of the crime or
93-12 act. A court may consider as a factor in mitigating punishment the
93-13 conduct of a defendant while participating in a program under
93-14 Chapter 17 of this code as a condition of release on bail.
93-15 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
93-16 Evidence, evidence may be offered by the state and the defendant of
93-17 an adjudication of delinquency based on a violation by the
93-18 defendant of a penal law of the grade of:
93-19 (1) a felony; or
93-20 (2) a misdemeanor punishable by confinement in jail
93-21 <unless:>
93-22 <(1) the adjudication is based on conduct committed
93-23 more than five years before the commission of the offense for which
93-24 the person is being tried; and>
93-25 <(2) in the five years preceding the date of the
93-26 commission of the offense for which the person is being tried, the
93-27 person did not engage in conduct for which the person has been
94-1 adjudicated as a delinquent child or a child in need of supervision
94-2 and did not commit an offense for which the person has been
94-3 convicted>.
94-4 SECTION 57. Section 20, Article 42.18, Code of Criminal
94-5 Procedure, is amended to read as follows:
94-6 Sec. 20. INAPPLICABLE TO JUVENILES. (a) Except as provided
94-7 by Subsection (b) of this section, the <The> provisions of this
94-8 article shall not apply to parole from institutions for juveniles
94-9 or to temporary furloughs granted to an inmate by the institutional
94-10 division under Section 500.006, Government Code.
94-11 (b) The provisions of this article not in conflict with
94-12 Section 29 of this article apply to parole of a person from the
94-13 Texas Youth Commission under that section.
94-14 SECTION 58. Article 42.18, Code of Criminal Procedure, is
94-15 amended by adding Section 29 to read as follows:
94-16 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
94-17 the 90th day before the date the Texas Youth Commission transfers a
94-18 person to the custody of the pardons and paroles division for
94-19 release on parole under Section 61.084(e) or (f), Human Resources
94-20 Code, the commission shall submit to the department all pertinent
94-21 information relating to the person, including:
94-22 (1) the juvenile court judgment;
94-23 (2) the circumstances of the person's offense;
94-24 (3) the person's previous social history and juvenile
94-25 court records;
94-26 (4) the person's physical and mental health record;
94-27 (5) a record of the person's conduct, employment
95-1 history, and attitude while committed to the commission;
95-2 (6) a record of the sentence time served by the person
95-3 at the commission and in a juvenile detention facility in
95-4 connection with the conduct for which the person was adjudicated;
95-5 and
95-6 (7) any written comments or information provided by
95-7 the commission, local officials, or victims of the offense.
95-8 (b) Before the release of the person on parole, a parole
95-9 panel shall review the person's records and may interview the
95-10 person or any other person the panel deems is necessary to
95-11 determine the conditions of parole. The panel may impose any
95-12 reasonable condition of parole on the person that the panel may
95-13 impose on an adult prisoner under this article.
95-14 (c) The panel shall furnish the person with a written
95-15 statement clearly describing the conditions and rules of parole.
95-16 The person must accept and sign the contract as a precondition to
95-17 release on parole.
95-18 (d) While on parole, the person remains in the legal custody
95-19 of the state and shall comply with the conditions of parole ordered
95-20 by a panel under this section.
95-21 (e) The period of parole for a person released to parole
95-22 under this section is the maximum term for which the person was
95-23 sentenced less calendar time actually served at the Texas Youth
95-24 Commission and in a juvenile detention facility in connection with
95-25 the conduct for which the person was adjudicated.
95-26 (f) If a parole panel revokes the person's parole, the panel
95-27 may require the person to serve the portion remaining of the
96-1 person's sentence in the institutional division. The remaining
96-2 portion of the person's sentence is calculated without credit for
96-3 the time from the date of the person's release to the date of
96-4 revocation. The panel may not recommit the person to the Texas
96-5 Youth Commission.
96-6 (g) For purposes of this article, a person released from the
96-7 Texas Youth Commission on parole under this section is deemed to
96-8 have been convicted of the offense for which the person has been
96-9 adjudicated.
96-10 SECTION 59. Chapter 45, Code of Criminal Procedure, is
96-11 amended by adding Article 45.522 to read as follows:
96-12 Art. 45.522. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
96-13 A justice court or municipal court may not order the confinement of
96-14 a person who is a child for the purposes of Title 3, Family Code,
96-15 for the failure to pay all or any part of a fine or costs imposed
96-16 for the conviction of an offense punishable by fine only.
96-17 (b) Section 51.03(a)(3), Family Code, and the procedures for
96-18 the adjudication of a child for delinquent conduct apply to a child
96-19 who fails to obey an order of a justice or municipal court under
96-20 circumstances that would constitute contempt of court.
96-21 SECTION 60. Section 511.009(a), Government Code, is amended
96-22 to read as follows:
96-23 (a) The commission shall:
96-24 (1) adopt reasonable rules and procedures establishing
96-25 minimum standards for the construction, equipment, maintenance, and
96-26 operation of county jails;
96-27 (2) adopt reasonable rules and procedures establishing
97-1 minimum standards for the custody, care, and treatment of
97-2 prisoners;
97-3 (3) adopt reasonable rules establishing minimum
97-4 standards for the number of jail supervisory personnel and for
97-5 programs and services to meet the needs of prisoners;
97-6 (4) adopt reasonable rules and procedures establishing
97-7 minimum requirements for programs of rehabilitation, education, and
97-8 recreation in county jails;
97-9 (5) revise, amend, or change rules and procedures if
97-10 necessary;
97-11 (6) provide to local government officials consultation
97-12 on and technical assistance for county jails;
97-13 (7) review and comment on plans for the construction
97-14 and major modification or renovation of county jails;
97-15 (8) require that the sheriff and commissioners of each
97-16 county submit to the commission, on a form prescribed by the
97-17 commission, an annual report on the conditions in each county jail
97-18 within their jurisdiction, including all information necessary to
97-19 determine compliance with state law, commission orders, and the
97-20 rules adopted under this chapter;
97-21 (9) review the reports submitted under Subdivision (8)
97-22 and require commission employees to inspect county jails regularly
97-23 to ensure compliance with state law, commission orders, and rules
97-24 and procedures adopted under this chapter; <and>
97-25 (10) at least annually determine whether each county
97-26 jail is in compliance with the rules and procedures adopted under
97-27 this chapter;
98-1 (11) require that the chief jailer of each municipal
98-2 lockup submit to the commission, on a form prescribed by the
98-3 commission, an annual report of persons under 17 years of age
98-4 securely detained in the lockup, including all information
98-5 necessary to determine compliance with state law concerning secure
98-6 confinement of children in municipal lockups; and
98-7 (12) require that the sheriff and commissioners court
98-8 of each county submit to the commission, on a form prescribed by
98-9 the commission, an annual report of persons under 17 years of age
98-10 securely detained in the county jail, including all information
98-11 necessary to determine compliance with state law concerning secure
98-12 confinement of children in county jails.
98-13 SECTION 61. Sections 21.3011(a), (b), (c), and (g),
98-14 Education Code, are amended to read as follows:
98-15 (a) In this section, "expulsion" means suspension of a
98-16 student from school for more than six school days within a semester
98-17 and referral to the juvenile court. The term does not include
98-18 removal of a student to an alternative education program.
98-19 (b) A student may be removed from class and expelled with a
98-20 referral to the juvenile court without resort to an alternative
98-21 education program under Section 21.301 of this code if the student,
98-22 on school property or while attending a school-sponsored or
98-23 school-related activity on or off of school property:
98-24 (1) assaults a teacher or other individual;
98-25 (2) sells, gives, or delivers to another person or
98-26 possesses or uses or is under the influence of:
98-27 (A) marihuana or a controlled substance, as
99-1 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
99-2 Section 801 et seq.; or
99-3 (B) a dangerous drug, as defined by Chapter 483,
99-4 Health and Safety Code;
99-5 (3) sells, gives, or delivers to another person an
99-6 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
99-7 Code, or commits a serious act or offense while under the influence
99-8 of alcohol; or on more than one occasion possesses, uses, or is
99-9 under the influence of an alcoholic beverage;
99-10 (4) possesses a firearm as defined by Section
99-11 46.01(3), Penal Code, an illegal knife as defined by Section
99-12 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
99-13 Code, or a weapon listed as a prohibited weapon under Section
99-14 46.06, Penal Code;
99-15 (5) engages in conduct that contains the elements of
99-16 an offense relating to abusable glue or aerosol paint under
99-17 Sections 485.031 through 485.035, Health and Safety Code, or
99-18 relating to volatile chemicals under Chapter 484, Health and Safety
99-19 Code;
99-20 (6) engages in conduct that contains the elements of
99-21 the offense of arson under Section 28.02, Penal Code;
99-22 (7) engages in conduct that contains the elements of
99-23 the offense of criminal mischief under Section 28.03, Penal Code,
99-24 if the offense is punishable as a felony under that section; or
99-25 (8) engages in conduct that contains the elements of
99-26 the offense of public lewdness under Section 21.07, Penal Code.
99-27 (c) A student who, after having been placed in an
100-1 alternative education program under Section 21.301 of this code,
100-2 continues to engage in serious or persistent misbehavior that
100-3 violates the district's previously communicated written standards
100-4 of student conduct may be removed from class and expelled with a
100-5 referral to juvenile court.
100-6 (g) The board or its designee shall deliver a copy of the
100-7 order expelling the student to the student and the student's parent
100-8 or guardian. The board or its designee shall also deliver on or
100-9 before the second working day after the date of the expulsion
100-10 hearing a copy of the order and any other information required by
100-11 Section 52.04, Family Code, to the authorized officer of the
100-12 juvenile court in the county in which the student resides. The
100-13 officer shall determine whether:
100-14 (1) a petition should be filed alleging that the
100-15 student is in need of supervision or engaged in delinquent conduct;
100-16 or
100-17 (2) the student should be referred to an appropriate
100-18 state agency.
100-19 SECTION 62. Section 21.002, Government Code, is amended by
100-20 amending Subsection (a) and adding Subsection (h) to read as
100-21 follows:
100-22 (a) Except as provided by Subsections <Subsection> (g) and
100-23 (h), a court may punish for contempt.
100-24 (h) A justice or municipal court may not punish by contempt
100-25 a person who engages in conduct that violates an order of the court
100-26 if the conduct of the person is delinquent conduct under Section
100-27 51.03(a)(3), Family Code. The justice or municipal court shall
101-1 refer the person to the juvenile court for engaging in the
101-2 delinquent conduct.
101-3 SECTION 63. Sections 51.14, 51.15, and 51.16, Family Code,
101-4 are repealed.
101-5 SECTION 64. (a) An amendment to any provision of Title 3,
101-6 Family Code, made by another Act of the 74th Legislature, Regular
101-7 Session, 1995, applies only to conduct that occurs on or after the
101-8 effective date of the other Act and before September 1, 1995. The
101-9 amendment made by the other Act continues in effect only for the
101-10 limited purpose of the prosecution of the conduct committed before
101-11 September 1, 1995.
101-12 (b) For purposes of this section, conduct violating the
101-13 penal law of this state occurs before September 1, 1995, only if
101-14 all elements of the violation occur before that date.
101-15 SECTION 65. (a) This Act takes effect September 1, 1995,
101-16 except as otherwise provided by this section.
101-17 (b) The juvenile justice information system required by
101-18 Chapter 58, Family Code, as added by this Act, must be in operation
101-19 by a date not earlier than September 1, 1995, and not later than
101-20 January 1, 1996, as determined by the Department of Public Safety
101-21 of the State of Texas, Texas Youth Commission, and Texas Juvenile
101-22 Probation Commission. Chapter 58, Family Code, as added by this
101-23 Act, and the repeal of those sections listed in Section 63 of this
101-24 Act take effect on the date that the juvenile justice information
101-25 system is placed in operation.
101-26 (c) This Act applies only to conduct that occurs on or after
101-27 the effective date of this Act. Conduct violating the penal law of
102-1 this state occurs on or after the effective date of this Act if
102-2 every element of the violation occurs on or after that date.
102-3 (d) Conduct that occurs before the effective date of this
102-4 Act is governed by the law in effect at the time the conduct
102-5 occurred, and that law is continued in effect for that purpose.
102-6 SECTION 66. The importance of this legislation and the
102-7 crowded condition of the calendars in both houses create an
102-8 emergency and an imperative public necessity that the
102-9 constitutional rule requiring bills to be read on three several
102-10 days in each house be suspended, and this rule is hereby suspended.