By Goodman                                             H.B. No. 327
       74R1324 DD-D
                                 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.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The heading to Title 3, Family Code, is amended
    1-6  to read as follows:
    1-7         TITLE 3.  JUVENILE JUSTICE CODE  <DELINQUENT CHILDREN
    1-8                 AND CHILDREN IN NEED OF SUPERVISION>
    1-9        SECTION 2.  Section 51.01, Family Code, is amended to read as
   1-10  follows:
   1-11        Sec. 51.01.  Purpose and Interpretation.  This title shall be
   1-12  construed to effectuate the following public purposes:
   1-13              (1)  to provide for the protection of the public and
   1-14  public safety;
   1-15              (2)  consistent with the protection of the public and
   1-16  public safety:
   1-17                    (A)  to promote the concept of punishment for
   1-18  criminal acts;
   1-19                    (B)  to remove, where appropriate, the taint of
   1-20  criminality from children committing certain unlawful acts; and
   1-21                    (C)  to provide treatment, training, and
   1-22  rehabilitation that emphasizes the accountability and
   1-23  responsibility of both the parent and the child for the child's
   1-24  conduct;
    2-1              (3)  to provide for the care, the protection, and the
    2-2  wholesome moral, mental, and physical development of children
    2-3  coming within its provisions;
    2-4              (4) <(2)>  to protect the welfare of the community and
    2-5  to control the commission of unlawful acts by children;
    2-6              (5) <(3)  consistent with the protection of the public
    2-7  interest, to remove from children committing unlawful acts the
    2-8  taint of criminality and the consequences of criminal behavior and
    2-9  to substitute a program of treatment, training, and rehabilitation;>
   2-10              <(4)>  to achieve the foregoing purposes in a family
   2-11  environment whenever possible, separating the child from the
   2-12  child's <his> parents only when necessary for the child's <his>
   2-13  welfare or in the interest of public safety and when a child is
   2-14  removed from the child's <his> family, to give the child <him> the
   2-15  care that should be provided by parents; and
   2-16              (6) <(5)>  to provide a simple judicial procedure
   2-17  through which the provisions of this title are executed and
   2-18  enforced and in which the parties are assured a fair hearing and
   2-19  their constitutional and other legal rights recognized and
   2-20  enforced.
   2-21        SECTION 3.  Section 51.09(b), Family Code, as amended by
   2-22  Chapters 429 and 593, Acts of the 72nd Legislature, Regular
   2-23  Session, 1991, is conformed to Chapter 557, Acts of the 72nd
   2-24  Legislature, Regular Session, 1991, and amended to read as follows:
   2-25        (b)  Notwithstanding any of the provisions of Subsection (a)
   2-26  of this section, the statement of a child is admissible in evidence
   2-27  in any future proceeding concerning the matter about which the
    3-1  statement was given if:
    3-2              (1)  when the child is in a detention facility or other
    3-3  place of confinement or in the custody of an officer, the statement
    3-4  is made in writing and the statement shows that the child has at
    3-5  some time prior to the making thereof received from a magistrate a
    3-6  warning that:
    3-7                    (A)  the child may remain silent and not make any
    3-8  statement at all and that any statement that the child makes may be
    3-9  used in evidence against the child;
   3-10                    (B)  the child has the right to have an attorney
   3-11  present to advise the child either prior to any questioning or
   3-12  during the questioning;
   3-13                    (C)  if the child is unable to employ an
   3-14  attorney, the child has the right to have an attorney appointed to
   3-15  counsel with the child prior to or during any interviews with peace
   3-16  officers or attorneys representing the state;
   3-17                    (D)  the child has the right to terminate the
   3-18  interview at any time;
   3-19                    (E)  if the child is 14 <15> years of age or
   3-20  older at the time of the violation of a penal law of the grade of
   3-21  felony the juvenile court may waive its jurisdiction and the child
   3-22  may be tried as an adult;
   3-23                    (F)  the child may be sentenced to commitment in
   3-24  the Texas Youth Commission with a transfer to the institutional
   3-25  division of the Texas Department of Criminal Justice for a term not
   3-26  to exceed 40 years if the child is found to have engaged in
   3-27  delinquent conduct, alleged in a petition approved by a grand jury,
    4-1  that included:
    4-2                          (i)  murder;
    4-3                          (ii)  capital murder;
    4-4                          (iii)  aggravated kidnapping;
    4-5                          (iv)  aggravated sexual assault;
    4-6                          (v)  aggravated robbery;
    4-7                          (vi)  aggravated assault that is punishable
    4-8  under Section 22.02(b)(2), Penal Code (assault against a public
    4-9  servant), or is defined by Section 22.02(a)(2), Penal Code (assault
   4-10  using or exhibiting a deadly weapon) <deadly assault on a law
   4-11  enforcement officer, corrections officer, court participant, or
   4-12  probation personnel>; <or>
   4-13                          (vii)  deadly conduct defined by Section
   4-14  22.05(b), Penal Code (discharging firearm at persons or certain
   4-15  objects);
   4-16                          (viii)  manslaughter;
   4-17                          (ix)  intoxication manslaughter;
   4-18                          (x)  an offense that is a felony of the
   4-19  first degree under Subchapter D, Chapter 481, Health and Safety
   4-20  Code (certain offenses involving controlled substances);
   4-21                          (xi)  solicitation of a person under 15
   4-22  years of age to commit an offense listed in Section 53.045 of this
   4-23  code; or
   4-24                          (xii) <(vi)>  attempted capital murder; and
   4-25                    (G)  the statement must be signed in the presence
   4-26  of a magistrate by the child with no law enforcement officer or
   4-27  prosecuting attorney present, except that a magistrate may require
    5-1  a bailiff or a law enforcement officer if a bailiff is not
    5-2  available to be present if the magistrate determines that the
    5-3  presence of the bailiff or law enforcement officer is necessary for
    5-4  the personal safety of the magistrate or other court personnel,
    5-5  provided that the bailiff or law enforcement officer may not carry
    5-6  a weapon in the presence of the child.  The magistrate must be
    5-7  fully convinced that the child understands the nature and contents
    5-8  of the statement and that the child is signing the same
    5-9  voluntarily.  If such a statement is taken, the magistrate shall
   5-10  sign a written statement verifying the foregoing requisites have
   5-11  been met.
   5-12        The child must knowingly, intelligently, and voluntarily
   5-13  waive these rights prior to and during the making of the statement
   5-14  and sign the statement in the presence of a magistrate who must
   5-15  certify that he has examined the child independent of any law
   5-16  enforcement officer or prosecuting attorney, except as required to
   5-17  ensure the personal safety of the magistrate or other court
   5-18  personnel, and has determined that the child understands the nature
   5-19  and contents of the statement and has knowingly, intelligently, and
   5-20  voluntarily waived these rights.
   5-21              (2)  it be made orally and the child makes a statement
   5-22  of facts or circumstances that are found to be true, which conduct
   5-23  tends to establish his guilt, such as the finding of secreted or
   5-24  stolen property, or the instrument with which he states the offense
   5-25  was committed.
   5-26              (3)  the statement was res gestae of the delinquent
   5-27  conduct or the conduct indicating a need for supervision or of the
    6-1  arrest.
    6-2        SECTION 4.  Section 51.09(c), Family Code, as amended by
    6-3  Chapters 429 and 557, Acts of the 72nd Legislature, Regular
    6-4  Session, 1991, is reenacted to read as follows:
    6-5        (c)  A warning under Subsection (b)(1)(E) or Subsection
    6-6  (b)(1)(F) of this section is required only when applicable to the
    6-7  facts of the case.  A failure to warn a child under Subsection
    6-8  (b)(1)(E) of this section does not render a statement made by the
    6-9  child inadmissible unless the child is transferred to a criminal
   6-10  district court under Section 54.02 of this code.  A failure to warn
   6-11  a child under Subsection (b)(1)(F) of this section does not render
   6-12  a statement made by the child inadmissible unless the state
   6-13  proceeds against the child on a petition approved by a grand jury
   6-14  under Section 53.045 of this code.
   6-15        SECTION 5.  Sections 51.10(a) and (i), Family Code, are
   6-16  amended to read as follows:
   6-17        (a)  A child may be represented by an attorney at every stage
   6-18  of proceedings under this title, including:
   6-19              (1)  the detention hearing required by Section 54.01 of
   6-20  this code;
   6-21              (2)  the hearing to consider transfer to criminal court
   6-22  required by Section 54.02 of this code;
   6-23              (3)  the adjudication hearing required by Section 54.03
   6-24  of this code;
   6-25              (4)  the disposition hearing required by Section 54.04
   6-26  of this code;
   6-27              (5)  the hearing to modify disposition required by
    7-1  Section 54.05 of this code;
    7-2              (6)  hearings required by Chapter 55 of this code;
    7-3              (7)  habeas corpus proceedings challenging the legality
    7-4  of detention resulting from action under this title; and
    7-5              (8)  proceedings in a court of <civil> appeals, <or>
    7-6  the Texas Supreme Court, or the Court of Criminal Appeals reviewing
    7-7  proceedings under this title.
    7-8        (i)  Except as provided in Subsection (d) of this section, an
    7-9  attorney appointed under this section to represent the interests of
   7-10  a child shall be paid from the general fund of the county in which
   7-11  the proceedings were instituted according to the schedule in
   7-12  Article 26.05 of the Texas Code of Criminal Procedure, 1965.  For
   7-13  this purpose, a bona fide appeal to a court of <civil> appeals or
   7-14  proceedings on the merits in the Texas Supreme Court under Chapter
   7-15  55 of this code are considered the equivalent of a bona fide appeal
   7-16  to the Texas Court of Criminal Appeals.
   7-17        SECTION 6.  Section 51.13, Family Code, is amended by
   7-18  amending Subsection (a) and adding Subsection (d) to read as
   7-19  follows:
   7-20        (a)  Except as provided by Subsection (d), an <An> order of
   7-21  adjudication or disposition in a proceeding under this title is not
   7-22  a conviction of crime, and does not impose any civil disability
   7-23  ordinarily resulting from a conviction or operate to disqualify the
   7-24  child in any civil service application or appointment.
   7-25        (d)  An adjudication under Section 54.04 that a child engaged
   7-26  in conduct that constitutes a felony offense resulting in
   7-27  commitment to the Texas Youth Commission under Section 54.04(d)(2)
    8-1  or (3) is a final felony conviction for the purposes of Sections
    8-2  12.42(a)-(c) and (e), Penal Code.
    8-3        SECTION 7.  Section 51.14(c), Family Code, is amended to read
    8-4  as follows:
    8-5        (c)  Except as provided by this subsection, law-enforcement
    8-6  files and records concerning a child shall be kept separate from
    8-7  files and records of arrests of adults and may <shall> be
    8-8  maintained on a local basis <only> and shall also be <not> sent to
    8-9  a central state <or federal> depository maintained by the
   8-10  Department of Public Safety of the State of Texas for records under
   8-11  this title.  The law-enforcement files and records of a person who
   8-12  is transferred from the Texas Youth Commission to the Texas
   8-13  Department of Criminal Justice <Corrections> under a determinate
   8-14  sentence may be transferred to a central state or federal
   8-15  depository for adult records on or after the date of transfer.  If
   8-16  a child has been reported as missing by a parent, guardian, or
   8-17  conservator of that child, has escaped from the custody of a
   8-18  juvenile detention facility, the Texas Youth Commission, or any
   8-19  other agency to which the child has been committed, or is the
   8-20  subject of a bench warrant or felony arrest warrant issued by a
   8-21  court after the child has fled the jurisdiction of the court, any
   8-22  information or records concerning that child may be transferred to
   8-23  and disseminated by the Texas Crime Information Center and the
   8-24  National Crime Information Center.
   8-25        SECTION 8.  Sections 51.15(a)-(c), Family Code, as amended by
   8-26  Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
   8-27  Session, 1987, are amended to read as follows:
    9-1        (a)  No child may be fingerprinted without the consent of the
    9-2  juvenile court except as provided by this subsection or by
    9-3  Subsections (f) and (i) of this section.  A child's fingerprints
    9-4  may be taken and filed by a law-enforcement officer investigating a
    9-5  case if<:>
    9-6              <(1)>  the child is <15 years of age or older and is>
    9-7  referred to the juvenile court for conduct that constitutes a <any>
    9-8  felony<;> or a misdemeanor punishable by confinement in jail
    9-9              <(2)  the child is under 15 years of age and is
   9-10  referred to the juvenile court for a felony listed in Section
   9-11  53.045(a) of this code>.
   9-12        (b)  Except as provided in Subsections (h) and (i) of this
   9-13  section, no child taken into custody may be photographed without
   9-14  the consent of the juvenile court unless<:>
   9-15              <(1)>  the child is <15 years of age or older and is>
   9-16  referred to the juvenile court for conduct that constitutes a
   9-17  felony<;> or a misdemeanor punishable by confinement in jail
   9-18              <(2)  the child is under 15 years of age and is
   9-19  referred to the juvenile court for a felony listed in Section
   9-20  53.045(a) of this code>.
   9-21        (c)  Except as provided by this subsection, fingerprint and
   9-22  photograph files or records of children shall be kept separate from
   9-23  those of adults<,> and shall be treated in the manner provided for
   9-24  law-enforcement files and records under Section 51.14(c)
   9-25  <fingerprints or photographs known to be those of a child shall be
   9-26  maintained on a local basis only and not sent to a central state or
   9-27  federal depository>.  The <However,> fingerprint and photograph
   10-1  files or records of a person who is transferred from the Texas
   10-2  Youth Commission to the institutional division of the Texas
   10-3  Department of Criminal Justice <Corrections> under a determinate
   10-4  sentence may be transferred to adult records on or after the date
   10-5  of transfer.  If a child has been reported as missing by a parent,
   10-6  guardian, or conservator of that child or a child has escaped from
   10-7  the custody of a juvenile detention facility, the Texas Youth
   10-8  Commission, or any other agency to which the child has been
   10-9  committed, the child's fingerprints and photograph may be sent to
  10-10  and indexed into the files of the Department of Public Safety and
  10-11  the Federal Bureau of Investigation to aid in the location and
  10-12  identification of the child.
  10-13        SECTION 9.  Sections 51.16(a), (e), and (i)-(l), Family Code,
  10-14  are amended to read as follows:
  10-15        (a)  Except as provided by Subsections <Subsection> (j) and
  10-16  (k) of this section, on the application of a person who has been
  10-17  found to have engaged in delinquent conduct or conduct indicating a
  10-18  need for supervision, or a person taken into custody to determine
  10-19  whether he engaged in delinquent conduct or conduct indicating a
  10-20  need for supervision, or on the juvenile court's own motion, the
  10-21  court, after hearing, shall order the sealing of the files and
  10-22  records in the case, including those specified in Sections 51.14
  10-23  and 51.15 of this code, if the court finds that:
  10-24              (1)  two years have elapsed since final discharge of
  10-25  the person, or since the last official action in his case if there
  10-26  was no adjudication;
  10-27              (2)  since the time specified in Subdivision (1) of
   11-1  this subsection, he has not been convicted of a felony or a
   11-2  misdemeanor involving moral turpitude or found to have engaged in
   11-3  delinquent conduct or conduct indicating a need for supervision,
   11-4  and no proceeding is pending seeking conviction or adjudication;
   11-5  and
   11-6              (3)  it is unlikely the person will engage in further
   11-7  delinquent conduct or conduct indicating a need for supervision or
   11-8  will commit a felony or a misdemeanor involving moral turpitude.
   11-9        (e)  On entry of the order:
  11-10              (1)  all law-enforcement, prosecuting attorney, clerk
  11-11  of court, and juvenile court files and records ordered sealed shall
  11-12  be sent to the court issuing the order;
  11-13              (2)  all files and records of a public or private
  11-14  agency or institution, including files and records maintained by
  11-15  the Department of Public Safety of the State of Texas under Section
  11-16  51.14(c),  ordered sealed shall be sent to the court issuing the
  11-17  order;
  11-18              (3)  all index references to the files and records
  11-19  ordered sealed shall be deleted;
  11-20              (4)  the juvenile court, clerk of court, prosecuting
  11-21  attorney, public or private agency or institution, and
  11-22  law-enforcement officers and agencies shall properly reply that no
  11-23  record exists with respect to such person upon inquiry in any
  11-24  matter; and
  11-25              (5)  the adjudication shall be vacated and the
  11-26  proceeding dismissed and treated for all purposes, including the
  11-27  purpose of showing a prior finding of delinquency, as if it had
   12-1  never occurred.
   12-2        (i)  Except as provided by Subsections <Subsection> (j) and
   12-3  (k) of this section, on the motion of a person in whose name files
   12-4  and records are kept or on the court's own motion, the court may
   12-5  order the destruction of all files and records concerning a person
   12-6  who has been adjudicated to be a child in need of supervision or a
   12-7  delinquent child if:
   12-8              (1)  seven years have elapsed since the child's 16th
   12-9  birthday; and
  12-10              (2)  the person has not been convicted of a felony.
  12-11        (j)  A court may not order under this section the destruction
  12-12  of files and records concerning a person adjudicated as having
  12-13  engaged in delinquent conduct that violated a penal law of the
  12-14  grade of:
  12-15              (1)  a felony; or
  12-16              (2)  a misdemeanor punishable by confinement in jail.
  12-17        (k)  A court may not order under this section the sealing of
  12-18  files and records concerning a person adjudicated as having engaged
  12-19  in delinquent conduct that included the violation of a provision
  12-20  listed in Section 53.045(a) <violated a penal law of the grade of
  12-21  felony unless:>
  12-22              <(1)  the person is 23 years of age or older;>
  12-23              <(2)  the files and records have not been:>
  12-24                    <(A)  made a part of the person's adult record as
  12-25  a result of the use of the files or records after the juvenile
  12-26  court under Section 54.02 of this code transferred the person to a
  12-27  criminal court for prosecution; or>
   13-1                    <(B)  used as evidence in the punishment phase of
   13-2  a criminal proceeding under Section 3(a), Article 37.07, Code of
   13-3  Criminal Procedure; and>
   13-4              <(3)  the person has not been convicted of a penal law
   13-5  of the grade of felony after becoming age 17>.
   13-6        (l)  A prosecuting attorney may, on application to the <by
   13-7  motion before a> juvenile court, reopen at any time the files and
   13-8  records of a person adjudicated as having engaged in delinquent
   13-9  conduct that violated a penal law of the grade of felony sealed by
  13-10  the court under <Subsection (k) of> this section for the purposes
  13-11  of Sections 12.42(a)-(c) and (e), Penal Code <if, after the court
  13-12  ordered the sealing, the person is indicted for a criminal offense
  13-13  that occurred before the person's 23rd birthday or at any time is
  13-14  charged with a capital offense or a felony of the first degree>.
  13-15        SECTION 10.  Section 51.17, Family Code, is amended to read
  13-16  as follows:
  13-17        Sec. 51.17.  PROCEDURE AND EVIDENCE.  (a)  Except for the
  13-18  burden of proof to be borne by the state in adjudicating a child to
  13-19  be delinquent or in need of supervision under Section 54.03(f) or
  13-20  otherwise when in conflict with a provision of this title, the
  13-21  Texas Rules of Civil Procedure govern proceedings under this title.
  13-22  <Particular reference is made to the burden of proof to be borne by
  13-23  the state in adjudicating a child to be delinquent or in need of
  13-24  supervision (Section 54.03(f)).>
  13-25        (b)  Discovery in a proceeding under this title is governed
  13-26  by the Texas Rules of Criminal Procedure.
  13-27        (c)  Except as otherwise provided by this title, the Texas
   14-1  Rules of Criminal Evidence apply in a judicial proceeding under
   14-2  this title.
   14-3        SECTION 11.  Sections 53.01(a) and (b), Family Code, are
   14-4  amended to read as follows:
   14-5        (a)  On referral of a child or a child's case to the office
   14-6  or official designated by the juvenile court, the intake officer,
   14-7  probation officer, or other person authorized by the court shall
   14-8  conduct a preliminary investigation to determine whether:
   14-9              (1)  the person referred to juvenile court is a child
  14-10  within the meaning of this title; and
  14-11              (2)  there is probable cause to believe the child
  14-12  engaged in delinquent conduct or conduct indicating a need for
  14-13  supervision<; and>
  14-14              <(3)  further proceedings in the case are in the
  14-15  interest of the child or the public>.
  14-16        (b)  If it is determined that the person is not a child<,> or
  14-17  there is no probable cause, <or further proceedings are not
  14-18  warranted,> the child shall immediately be released and all
  14-19  proceedings terminated.
  14-20        SECTION 12.  Chapter 53, Family Code, is amended by adding
  14-21  Sections 53.011-53.013 to read as follows:
  14-22        Sec. 53.011.  DISPOSITION OF CHILD FOR WHOM PROBABLE CAUSE
  14-23  EXISTS.  If a determination under Section 53.01 is that the person
  14-24  referred is a child and that there is probable cause to believe the
  14-25  child engaged in delinquent conduct or conduct indicating a need
  14-26  for supervision, the child shall be referred to the prosecuting
  14-27  attorney or assigned to a progressive sanctions program as provided
   15-1  by Section 53.012.
   15-2        Sec. 53.012.  REFERRAL OF CHILD; REVIEW BY PROSECUTOR.  (a)
   15-3  A child who is alleged to have engaged in delinquent conduct that
   15-4  constitutes a felony offense shall be promptly referred to the
   15-5  prosecuting attorney together with:
   15-6              (1)  each document relating to the referral; and
   15-7              (2)  a summary description of each previous referral of
   15-8  the child to a juvenile court, juvenile probation department, or
   15-9  juvenile detention facility.
  15-10        (b)  A child who is alleged to have engaged in delinquent
  15-11  conduct that constitutes a misdemeanor offense or conduct
  15-12  indicating a need for supervision shall be promptly:
  15-13              (1)  referred to the prosecuting attorney together with
  15-14  the documents required by Subsection (a); or
  15-15              (2)  assigned to an approved progressive sanctions
  15-16  program under Section 53.013.
  15-17        (c)  The prosecuting attorney shall promptly review the
  15-18  circumstances and allegations of each referral under this section
  15-19  to the prosecuting attorney for legal sufficiency and the
  15-20  desirability of prosecution.
  15-21        (d)  If the prosecuting attorney does not file a petition
  15-22  against a child referred to the prosecuting attorney, the
  15-23  prosecuting attorney shall:
  15-24              (1)  terminate all proceedings, if the reason for not
  15-25  filing a petition is lack of probable cause or if an approved
  15-26  progressive sanctions program is not available; or
  15-27              (2)  return the referral to the probation department
   16-1  for assignment to an approved progressive sanctions program under
   16-2  Section 53.013.
   16-3        (e)  The juvenile probation department shall promptly refer a
   16-4  child who has been assigned to the progressive sanctions program
   16-5  and who fails or refuses to participate in the program to the
   16-6  prosecuting attorney for review of the child's case and
   16-7  determination of whether to file a petition.
   16-8        Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  (a)  Each
   16-9  juvenile probation department shall adopt a progressive sanctions
  16-10  program.
  16-11        (b)  The purpose of a progressive sanctions program is to
  16-12  give promptly to each child referred to a juvenile court, juvenile
  16-13  probation department, or juvenile detention facility and assigned
  16-14  to the program an appropriate sanction that provides for:
  16-15              (1)  accountability to the victim of the child's
  16-16  conduct and to society;
  16-17              (2)  education and treatment of the child; and
  16-18              (3)  in appropriate cases, deferred adjudication.
  16-19        (c)  A progressive sanctions program must include:
  16-20              (1)  deferred adjudication as provided by Section
  16-21  53.03; and
  16-22              (2)  a progressive increase in the type and severity of
  16-23  the sanction imposed for each subsequent referral of a child.
  16-24        (d)  The Texas Juvenile Probation Commission shall adopt
  16-25  minimum standards for progressive sanctions programs.
  16-26        (e)  A progressive sanctions program adopted by a juvenile
  16-27  board may not take effect until it is approved by the Texas
   17-1  Juvenile Probation Commission.  The board shall revise the program
   17-2  annually, subject to approval by the commission.  The commission
   17-3  shall monitor the operation of a program it has approved to ensure
   17-4  that the operation complies with the approved program.
   17-5        (f)  The Texas Juvenile Probation Commission shall:
   17-6              (1)  provide grants to juvenile boards to defray all or
   17-7  part of the cost for the operation of the progressive sanctions
   17-8  programs the commission has approved from funds appropriated for
   17-9  that purpose; and
  17-10              (2)  terminate or reduce the state aid to a juvenile
  17-11  probation department that does not comply with this section.
  17-12        (g)  Before September 1, 1996, each juvenile probation
  17-13  department must adopt and have approved by the Texas Juvenile
  17-14  Probation Commission the department's progressive sanctions
  17-15  program.  The initial progressive sanctions program developed by a
  17-16  juvenile board under this section shall address the appropriate
  17-17  response for each major category of cases that were referred to the
  17-18  probation department from September 1, 1994, through August 31,
  17-19  1995, and processed by counseling and release or intake conference
  17-20  and adjustment.  This subsection expires September 1, 1996.
  17-21        SECTION 13.  Section 53.03, Family Code, is amended to read
  17-22  as follows:
  17-23        Sec. 53.03.  DEFERRED ADJUDICATION <INTAKE CONFERENCE AND
  17-24  ADJUSTMENT>.  (a)  If the preliminary investigation required by
  17-25  Section 53.01 of this code results in a determination that further
  17-26  proceedings in the case are authorized <and warranted>, the
  17-27  probation officer or other designated officer of the court, subject
   18-1  to the direction of the juvenile court, may advise the parties for
   18-2  a reasonable period of time not to exceed six months concerning
   18-3  deferred adjudication <an informal adjustment> and <voluntary>
   18-4  rehabilitation of a child if:
   18-5              (1)  deferred adjudication <advice without a court
   18-6  hearing> would be in the interest of the public and the child;
   18-7              (2)  the child and his parent, guardian, or custodian
   18-8  consent with knowledge that consent is not obligatory; <and>
   18-9              (3)  the child and his parent, guardian, or custodian
  18-10  are informed that they may terminate the deferred adjudication
  18-11  <adjustment process> at any point and petition the court for a
  18-12  court hearing in the case; and
  18-13              (4)  for delinquent conduct that constitutes a felony
  18-14  offense, the prosecuting attorney consents to deferred
  18-15  adjudication.
  18-16        (b)  Except as otherwise permitted by this title, the child
  18-17  may not be detained during or as a result of the deferred
  18-18  adjudication <adjustment> process.
  18-19        (c)  An incriminating statement made by a participant to the
  18-20  person giving advice and in the discussions or conferences incident
  18-21  thereto may not be used against the declarant in any court hearing.
  18-22        (d)  A deferred adjudication <An informal adjustment>
  18-23  authorized by this section may involve:
  18-24              (1)  <voluntary> restitution by the child or his parent
  18-25  to the victim of an offense; or
  18-26              (2)  <voluntary> community service restitution by the
  18-27  child.
   19-1        (e)  The court may adopt a fee schedule for deferred
   19-2  adjudication <informal adjustment> services and rules for the
   19-3  waiver of a fee for financial hardship in accordance with
   19-4  guidelines that the Texas Juvenile Probation Commission shall
   19-5  provide.  The maximum fee is $15 a month.  If the court adopts a
   19-6  schedule and rules for waiver, the probation officer or other
   19-7  designated officer of the court shall collect the fee authorized by
   19-8  the schedule from the parent, guardian, or custodian of a child for
   19-9  whom a deferred adjudication <an informal adjustment> is authorized
  19-10  under this section or waive the fee in accordance with the rules
  19-11  adopted by the court.  The officer shall deposit the fees received
  19-12  under this section in the county treasury to the credit of a
  19-13  special fund that may be used only for juvenile probation or
  19-14  community-based juvenile corrections services or facilities in
  19-15  which a juvenile may be required to live while under court
  19-16  supervision.  If the court does not adopt a schedule and rules for
  19-17  waiver, a fee for deferred adjudication <informal adjustment>
  19-18  services may not be imposed.
  19-19        SECTION 14.  Sections 53.045(a) and (e), Family Code, are
  19-20  amended to read as follows:
  19-21        (a)  Except as provided by Subsection (e) of this section,
  19-22  the prosecuting attorney may refer the petition to the grand jury
  19-23  of the county in which the court in which the petition is filed
  19-24  presides if the petition alleges that the child engaged in
  19-25  delinquent conduct that included the violation of any of the
  19-26  following provisions <of the Penal Code>:
  19-27              (1)  Section 19.02, Penal Code (murder);
   20-1              (2)  Section 19.03, Penal Code (capital murder);
   20-2              (3)  Section 20.04, Penal Code (aggravated kidnapping);
   20-3              (4)  Section 22.021, Penal Code (aggravated sexual
   20-4  assault);
   20-5              (5)  Section 22.02(b)(2), Penal Code (aggravated
   20-6  assault against a public servant) <22.03 (deadly assault on a law
   20-7  enforcement officer, corrections officer, or court participant)>;
   20-8  <or>
   20-9              (6)  Section 29.03, Penal Code (aggravated robbery);
  20-10              (7)  Section 22.02(a)(2), Penal Code (aggravated
  20-11  assault using or exhibiting a deadly weapon);
  20-12              (8)  Section 22.05(b), Penal Code (felony deadly
  20-13  conduct involving discharging a firearm);
  20-14              (9)  Section 19.04, Penal Code (manslaughter);
  20-15              (10)  Section 49.08, Penal Code (intoxication
  20-16  manslaughter);
  20-17              (11)  Subchapter D, Chapter 481, Health and Safety
  20-18  Code, if the conduct constitutes a felony of the first degree under
  20-19  that chapter (certain offenses involving controlled substances);
  20-20              (12)  solicitation of a person under 15 years of age to
  20-21  commit an offense listed in or described by this subsection; or
  20-22              (13)  Section 15.01, Penal Code (criminal attempt), if
  20-23  the offense attempted was an offense under Section 19.03, Penal
  20-24  Code (capital murder).
  20-25        (e)  The prosecuting attorney may not refer a petition that
  20-26  alleges the child engaged in conduct that violated:
  20-27              (1)  Sections 22.021(a)(1)(B) and (2)(B), Penal Code,
   21-1  unless the child is more than two years older than the victim of
   21-2  the conduct; or
   21-3              (2)  Section 21.11, Penal Code, unless the child is
   21-4  more than three years older than the victim at the time of the
   21-5  conduct.
   21-6        SECTION 15.  Chapter 53, Family Code, is amended by adding
   21-7  Section 53.08 to read as follows:
   21-8        Sec. 53.08.  WRIT OF ATTACHMENT.  (a)  The juvenile court may
   21-9  issue a writ of attachment for a person who violates an order
  21-10  entered under Section 53.06(c).
  21-11        (b)  A writ of attachment issued under this section is
  21-12  executed in the same manner as in a criminal proceeding as provided
  21-13  by Chapter 24, Code of Criminal Procedure.
  21-14        SECTION 16.  Sections 54.02(a) and (j), Family Code, are
  21-15  amended to read as follows:
  21-16        (a)  The juvenile court may waive its exclusive original
  21-17  jurisdiction and transfer a child to the appropriate district court
  21-18  or criminal district court for criminal proceedings if:
  21-19              (1)  the child is alleged to have violated a penal law
  21-20  of the grade of felony;
  21-21              (2)  the child was 14 <15> years of age or older at the
  21-22  time he is alleged to have committed the offense and no
  21-23  adjudication hearing has been conducted concerning that offense;
  21-24  and
  21-25              (3)  after full investigation and hearing the juvenile
  21-26  court determines that there is probable cause to believe that the
  21-27  child before the court committed the offense alleged and that
   22-1  because of the seriousness of the offense or the background of the
   22-2  child the welfare of the community requires criminal proceedings.
   22-3        (j)  The juvenile court may waive its exclusive original
   22-4  jurisdiction and transfer a person to the appropriate district
   22-5  court or criminal district court for criminal proceedings if:
   22-6              (1)  the person is 18 years of age or older;
   22-7              (2)  the person was 14 <15> years of age or older and
   22-8  under 17 years of age at the time he is alleged to have committed a
   22-9  felony;
  22-10              (3)  no adjudication concerning the alleged offense has
  22-11  been made or no adjudication hearing concerning the offense has
  22-12  been conducted;
  22-13              (4)  the juvenile court finds from a preponderance of
  22-14  the evidence that after due diligence of the state it was not
  22-15  practicable to proceed in juvenile court before the 18th birthday
  22-16  of the person because:
  22-17                    (A)  the state did not have probable cause to
  22-18  proceed in juvenile court and new evidence has been found since the
  22-19  18th birthday of the person; or
  22-20                    (B)  the person could not be found; and
  22-21              (5)  the juvenile court determines that there is
  22-22  probable cause to believe that the child before the court committed
  22-23  the offense alleged.
  22-24        SECTION 17.  Section 54.03(d), Family Code, is amended to
  22-25  read as follows:
  22-26        (d)  Except as provided by Section 54.031 of this chapter,
  22-27  only material, relevant, and competent evidence in accordance with
   23-1  the Texas Rules of Criminal Evidence <requirements for the trial of
   23-2  civil cases> may be considered in the adjudication hearing.  Except
   23-3  in a detention or discretionary transfer hearing, a social history
   23-4  report or social service file shall not be viewed by the court
   23-5  before the adjudication decision and shall not be viewed by the
   23-6  jury at any time.
   23-7        SECTION 18.  Chapter 54, Family Code, is amended by adding
   23-8  Section 54.0401 to read as follows:
   23-9        Sec. 54.0401.  FINDING OF ORGANIZED DELINQUENT ACTIVITY.  (a)
  23-10  At the disposition hearing, the juvenile court shall make an
  23-11  affirmative finding of organized delinquent activity and enter the
  23-12  finding in the disposition order if the court determines, by a
  23-13  preponderance of the evidence, that the child:
  23-14              (1)  was part of a combination; and
  23-15              (2)  engaged in the conduct for which the child is
  23-16  adjudicated with the intent to establish, maintain, or participate
  23-17  in the combination or the profits of the combination.
  23-18        (b)  In this section, "combination" has the meaning assigned
  23-19  by Section 71.01, Penal Code.
  23-20        SECTION 19.  Sections 54.041(b)-(e), Family Code, are amended
  23-21  to read as follows:
  23-22        (b)  If a child is found to have engaged in delinquent
  23-23  conduct or conduct indicating a need for supervision arising from
  23-24  the commission of an offense in which property damage or loss or
  23-25  personal injury occurred, the juvenile court, on notice to all
  23-26  persons affected and on hearing, may order the child or a parent to
  23-27  make full or partial restitution to the victim of the offense.  The
   24-1  program of restitution must promote the rehabilitation of the
   24-2  child, be appropriate to the age and physical, emotional, and
   24-3  mental abilities of the child, and not conflict with the child's
   24-4  schooling.   When practicable and subject to court supervision, the
   24-5  court may approve a restitution program based on a settlement
   24-6  between the child and the victim of the offense.  The court shall
   24-7  encourage mediation between the child and the victim in arriving at
   24-8  the terms of restitution ordered under this subsection.  An order
   24-9  under this subsection may provide for periodic payments by the
  24-10  child or a parent of the child for the period specified in the
  24-11  order but that period may not extend past the date of the 18th
  24-12  birthday of the child or past the date the child is no longer
  24-13  enrolled in an accredited secondary school in a program leading
  24-14  toward a high school diploma, whichever date is later.
  24-15        (c)  If the child or parent is unable to make full or partial
  24-16  restitution or if a restitution order is not appropriate under the
  24-17  circumstances, the court may order the child to render personal
  24-18  services to a charitable or educational institution in the manner
  24-19  prescribed in the court order in lieu of restitution.
  24-20        (d)  Restitution under this section is cumulative of any
  24-21  other remedy allowed by law and may be used in addition to other
  24-22  remedies; except that a victim of an offense is not entitled to
  24-23  receive more than actual damages under a juvenile court order.
  24-24        (e)  A city, town, or county that establishes a program to
  24-25  assist children in rendering personal services to a charitable or
  24-26  educational institution as authorized by this subsection may
  24-27  purchase insurance policies protecting the city, town, or county
   25-1  against claims brought by a person other than the child for a cause
   25-2  of action that arises from an act of the child while rendering
   25-3  those services.  The city, town, or county is not liable under this
   25-4  Act to the extent that damages are recoverable under a contract of
   25-5  insurance or under a plan of self-insurance authorized by statute.
   25-6  The liability of the city, town, or county for a cause of action
   25-7  that arises from an action of the child while rendering those
   25-8  services may not exceed $100,000 to a single person and $300,000
   25-9  for a single occurrence in the case of personal injury or death,
  25-10  and $10,000 for a single occurrence of property damage.  Liability
  25-11  may not extend to punitive or exemplary damages.  This subsection
  25-12  does not waive a defense, immunity, or jurisdictional bar available
  25-13  to the city, town, or county or its officers or employees, nor
  25-14  shall this Act be construed to waive, repeal, or modify any
  25-15  provision of Chapter 101, Civil Practice and Remedies Code <the
  25-16  Texas Tort Claims Act, as amended (Article 6252-19, Vernon's Texas
  25-17  Civil Statutes)>.
  25-18        (f) <(c)>  A person subject to an order proposed under
  25-19  Subsection (a) of this section is entitled to a hearing on the
  25-20  order before the order is entered by the court.
  25-21        (g) <(d)>  An order made under this section may be enforced
  25-22  as provided by Section 54.07 of this code.
  25-23        (h) <(e)>  If a child is found to have engaged in conduct
  25-24  indicating a need for supervision described under Section
  25-25  51.03(b)(2) of this code, the court may order the child's parents
  25-26  or guardians to attend a class provided under Section 21.035(h),
  25-27  Education Code, if the school district in which the child's parents
   26-1  or guardians reside offers a class under that section.
   26-2        SECTION 20.  Sections 54.042(b), (d), and (e), Family Code,
   26-3  are amended to read as follows:
   26-4        (b)  The order under Subsection (a)(1) of this section shall
   26-5  specify a period of suspension or denial that is<:>
   26-6              <(1)>  until the child reaches the age of 19 <17> or
   26-7  for a period of 365 days, whichever is longer<; or>
   26-8              <(2)  if the court finds that the child has engaged in
   26-9  conduct violating the laws of this state prohibiting driving while
  26-10  intoxicated, by reason of the introduction of alcohol into the
  26-11  body, under Article 6701l-1, Revised Statutes, and also determines
  26-12  that the child has previously been found to have engaged in conduct
  26-13  violating the same laws, until the child reaches the age of 19 or
  26-14  for a period of 365 days, whichever is longer>.
  26-15        (d)  A juvenile court, in a disposition hearing under Section
  26-16  54.04 of this code, may order the Department of Public Safety to
  26-17  suspend a child's driver's license or permit or, if the child does
  26-18  not have a license or permit, to deny the issuance of a license or
  26-19  permit to the child for a period not to exceed 12 <six> months if
  26-20  the court finds that the child has engaged in conduct in need of
  26-21  supervision or delinquent conduct other than the conduct described
  26-22  by Subsection (a) of this section.
  26-23        (e)  A juvenile court that places a child on probation under
  26-24  Section 54.04 of this code may require as a reasonable condition of
  26-25  the probation that if the child violates the probation, the court
  26-26  may order the Department of Public Safety to suspend the child's
  26-27  driver's license or permit or, if the child does not have a license
   27-1  or permit, to deny the issuance of a license or permit to the child
   27-2  for a period not to exceed 12 <six> months.  The court may make
   27-3  this order if a child that is on probation under this condition
   27-4  violates the probation.  A suspension under this subsection is
   27-5  cumulative of any other suspension under this section.
   27-6        SECTION 21.  Chapter 54, Family Code, is amended by adding
   27-7  Section 54.055 to read as follows:
   27-8        Sec. 54.055.  CLERK TO SUBMIT DISPOSITION INFORMATION.  Not
   27-9  later than the 60th day after the date an order is entered in the
  27-10  disposition of a case under Section 54.04 or 54.05, the clerk of
  27-11  the court that issued the order shall transmit to the Department of
  27-12  Public Safety of the State of Texas information relating to the
  27-13  disposition of the case.  The clerk shall include:
  27-14              (1)  the name of the child;
  27-15              (2)  the names of the child's parents or guardian;
  27-16              (3)  a description of the conduct for which the child
  27-17  was adjudicated;
  27-18              (4)  the disposition of the case; and
  27-19              (5)  the place of the child's commitment, if
  27-20  applicable.
  27-21        SECTION 22.  Section 54.06, Family Code, as amended by
  27-22  Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
  27-23  Session, 1993, is amended by amending Subsection (c) and adding
  27-24  Subsections (d), (e), and (f) to read as follows:
  27-25        (c)  A court may enforce an order for support under this
  27-26  section by ordering garnishment of the wages of the person ordered
  27-27  to pay support or by any other means available to enforce a child
   28-1  support order under Title 2.
   28-2        (d)  An order <(c)  Orders> for support may be enforced as
   28-3  provided in Section 54.07 of this code.
   28-4        (e)  The court shall apply the child support guidelines under
   28-5  Section 14.055 in an order requiring the payment of child support
   28-6  under this section.  The court shall also require in an order to
   28-7  pay child support under this section that health insurance be
   28-8  provided for the child.  Section 14.061 applies to an order
   28-9  requiring health insurance for a child under this section.
  28-10        (f)  An order under this section prevails over any previous
  28-11  child support order issued with regard to the child to the extent
  28-12  of any conflict between the orders.
  28-13        SECTION 23.  Section 54.061, Family Code, is amended by
  28-14  adding Subsection (d) to read as follows:
  28-15        (d)  If the court finds that a child, parent, or other person
  28-16  responsible for the child's support is financially unable to pay
  28-17  the probation fee required under Subsection (a), the court shall
  28-18  enter into the records of the child's case a statement of that
  28-19  finding.  The court may waive a fee under this section only if the
  28-20  court makes the finding under this subsection.
  28-21        SECTION 24.  Section 54.11, Family Code, is amended by
  28-22  amending Subsection (i) and adding Subsection (k) to read as
  28-23  follows:
  28-24        (i)  Except as provided by Subsection (k), at the <On>
  28-25  conclusion of the release hearing on a person who is the subject of
  28-26  a notice of transfer, the court may order:
  28-27              (1)  the recommitment of the person to the Texas Youth
   29-1  Commission for the completion of the person's <without a>
   29-2  determinate sentence subject to parole under Section 61.084, Human
   29-3  Resources Code;
   29-4              (2)  the transfer of the person to the custody of the
   29-5  Texas Department of Criminal Justice for the completion of the
   29-6  person's determinate sentence; or
   29-7              (3)  the final discharge of the person.
   29-8        (k)  If an affirmative finding of organized delinquent
   29-9  activity was entered in the order of the juvenile court during the
  29-10  disposition hearing, a court may not under this section order the
  29-11  final discharge of the person until the person has served time
  29-12  equal to double the minimum length of stay at the Texas Youth
  29-13  Commission otherwise applicable to the person for the adjudicated
  29-14  conduct had the person not received a determinate sentence.
  29-15        SECTION 25.  Section 55.02(c), Family Code, is amended to
  29-16  read as follows:
  29-17        (c)  If the juvenile court enters an order of temporary
  29-18  hospitalization of the child, the child shall be cared for,
  29-19  treated, and released in conformity to Subtitle C, Title 7, Health
  29-20  and Safety Code, except:
  29-21              (1)  a juvenile court order of temporary
  29-22  hospitalization of a child automatically expires when the child
  29-23  becomes 18 years of age;
  29-24              (2)  the head of a mental hospital shall notify the
  29-25  juvenile court that ordered temporary hospitalization at least 10
  29-26  days prior to discharge of the child; and
  29-27              (3)  appeal from juvenile court proceedings under this
   30-1  section shall be to the court of <civil> appeals as in other civil
   30-2  proceedings <under this title>.
   30-3        SECTION 26.  Sections 55.03(a) and (c), Family Code, are
   30-4  amended to read as follows:
   30-5        (a)  If a child alleged or found to have engaged in
   30-6  delinquent conduct or conduct indicating a need for supervision has
   30-7  been found to be unfit to proceed because of mental retardation as
   30-8  provided by Section 55.04 or found to be not responsible for the
   30-9  child's conduct because of mental retardation as provided by
  30-10  Section 55.05 <it appears to the juvenile court, on the suggestion
  30-11  of a party or on the court's own notice, that a child alleged or
  30-12  found to have engaged in delinquent conduct or conduct indicating a
  30-13  need for supervision may be mentally retarded>, the court shall
  30-14  order a comprehensive diagnosis and evaluation of the child to be
  30-15  performed at a facility approved by the Texas Department of Mental
  30-16  Health and Mental Retardation.  If the court finds that the results
  30-17  of such comprehensive diagnosis and evaluation indicate a
  30-18  significantly subaverage general intellectual function of 2.5 or
  30-19  more standard deviations below the age-group mean for the tests
  30-20  used existing concurrently with deficits in adaptive behavior of
  30-21  Levels I-IV, the court shall initiate proceedings to order
  30-22  commitment of the child to a facility for the care and treatment of
  30-23  mentally retarded persons.
  30-24        (c)  If the juvenile court enters an order committing the
  30-25  child for care and treatment in a facility for mentally retarded
  30-26  persons, the child shall be cared for, treated, and released in
  30-27  conformity to Subtitle D, Title 7, Health and Safety Code, except:
   31-1              (1)  the juvenile court that ordered commitment of the
   31-2  child shall be notified at least 10 days prior to discharge of the
   31-3  child; and
   31-4              (2)  appeal from juvenile court proceedings under this
   31-5  section shall be to the court of <civil> appeals as in other civil
   31-6  proceedings <under this title>.
   31-7        SECTION 27.  Section 56.01, Family Code, is amended by
   31-8  amending Subsections (a)-(c) and adding Subsections (k), (l), and
   31-9  (m) to read as follows:
  31-10        (a)  An appeal from an order of a juvenile court under this
  31-11  title, except under Chapter 55, is to a court of appeals and the
  31-12  case may be appealed to the Court of Criminal Appeals by writ of
  31-13  error or petition for review, as in criminal cases generally.  An
  31-14  appeal from an order of a juvenile court under Chapter 55 is to a
  31-15  court of appeals and the case may be carried to the Texas Supreme
  31-16  Court by writ of error or upon certificate, as in civil cases
  31-17  generally.
  31-18        (b)  The requirements governing an appeal under this title,
  31-19  except under Chapter 55, are as in criminal cases generally.  The
  31-20  requirements governing an appeal under Chapter 55 are as in civil
  31-21  cases generally.
  31-22        (c)  An appeal may be taken:
  31-23              (1)  by or on behalf of a child or by the prosecuting
  31-24  attorney from an order entered under:
  31-25                    (A)  Section 54.02 of this code transferring or
  31-26  refusing to <respecting> transfer a <of the> child to criminal
  31-27  court for prosecution as an adult;
   32-1                    (B)  Section 54.03 of this code with regard to
   32-2  delinquent conduct or conduct indicating a need for supervision;
   32-3                    (C)  Section 54.04 of this code disposing of the
   32-4  case;
   32-5                    (D)  Section 54.05 of this code modifying, or
   32-6  refusing the <respecting> modification of, a previous juvenile
   32-7  court disposition; or
   32-8                    (E)  Chapter 55 of this code committing or
   32-9  refusing to commit a child to a facility for the mentally ill or
  32-10  mentally retarded; or
  32-11              (2)  by a person, including the prosecuting attorney,
  32-12  from an order entered under Section 54.11(i)(2) of this code
  32-13  transferring or refusing to transfer a <the> person to the custody
  32-14  of the institutional division of the Texas Department of Criminal
  32-15  Justice.
  32-16        (k)  The appellate court shall dismiss an appeal on the
  32-17  state's motion, supported by affidavit showing that the appellant
  32-18  has escaped from custody pending the appeal and, to the affiant's
  32-19  knowledge, has not voluntarily returned to the state's custody on
  32-20  or before the 10th day after the date of the escape.  The court may
  32-21  not dismiss an appeal, or if the appeal has been dismissed, shall
  32-22  reinstate the appeal, on the filing of an affidavit of an officer
  32-23  or other credible person showing that the appellant voluntarily
  32-24  returned to custody on or before the 10th day after the date of the
  32-25  escape.
  32-26        (l)  The court may order the child, the child's parent, or
  32-27  other person responsible for support of the child to pay the
   33-1  child's costs of appeal unless the court determines the child,
   33-2  parent, or other responsible person is indigent.
   33-3        (m)  For purposes of determining indigency of the child under
   33-4  this section, the court shall consider the assets and income of the
   33-5  child, the child's parent, and any other person responsible for the
   33-6  support of the child.
   33-7        SECTION 28.  Section 57.002, Family Code, is amended to read
   33-8  as follows:
   33-9        Sec. 57.002.  Victim's Rights.  A victim, guardian of a
  33-10  victim, or close relative of a deceased victim is entitled to the
  33-11  following rights within the juvenile justice system:
  33-12              (1)  the right to receive from law enforcement agencies
  33-13  adequate protection from harm and threats of harm arising from
  33-14  cooperation with prosecution efforts;
  33-15              (2)  the right to have the court or person appointed by
  33-16  the court take the safety of the victim or the victim's family into
  33-17  consideration as an element in determining whether the child should
  33-18  be detained before the child's conduct is adjudicated;
  33-19              (3)  the right, if requested, to be informed of
  33-20  relevant court proceedings and to be informed in a timely manner if
  33-21  those court proceedings have been canceled or rescheduled;
  33-22              (4)  the right to be informed, when requested, by the
  33-23  court or a person appointed by the court concerning the procedures
  33-24  in the juvenile justice system, including general procedures
  33-25  relating to the preliminary investigation and deferred adjudication
  33-26  <informal adjustment> of a case;
  33-27              (5)  the right to provide pertinent information to a
   34-1  juvenile court conducting a disposition hearing concerning the
   34-2  impact of the offense on the victim and the victim's family by
   34-3  testimony, written statement, or any other manner before the court
   34-4  renders its disposition;
   34-5              (6)  the right to receive information regarding
   34-6  compensation to victims as provided by the Crime Victims
   34-7  Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
   34-8  including information related to the costs that may be compensated
   34-9  under that Act and the amount of compensation, eligibility for
  34-10  compensation, and procedures for application for compensation under
  34-11  that Act, the payment of medical expenses under Section 56.06, Code
  34-12  of Criminal Procedure <Section 1, Chapter 299, Acts of the 63rd
  34-13  Legislature, Regular Session, 1973 (Article 4447m, Vernon's Texas
  34-14  Civil Statutes)>, for a victim of a sexual assault, and when
  34-15  requested, to referral to available social service agencies that
  34-16  may offer additional assistance;
  34-17              (7)  the right to be informed, upon request, of
  34-18  procedures for release under supervision, to participate in the
  34-19  release process, to be notified, if requested, of release
  34-20  proceedings concerning the child, to provide to the Texas Youth
  34-21  Commission for inclusion in the child's file information to be
  34-22  considered by the commission before the release under supervision
  34-23  of the child, and to be notified, if requested, of the child's
  34-24  release;
  34-25              (8)  the right to be provided with a waiting area,
  34-26  separate or secure from other witnesses, including the child
  34-27  alleged to have committed the conduct and relatives of the child,
   35-1  before testifying in any proceeding concerning the child, or, if a
   35-2  separate waiting area is not available, other safeguards should be
   35-3  taken to minimize the victim's contact with the child and the
   35-4  child's relatives and witnesses, before and during court
   35-5  proceedings;
   35-6              (9)  the right to prompt return of any property of the
   35-7  victim that is held by a law enforcement agency or the attorney for
   35-8  the state as evidence when the property is no longer required for
   35-9  that purpose;
  35-10              (10)  the right to have the attorney for the state
  35-11  notify the employer of the victim, if requested, of the necessity
  35-12  of the victim's cooperation and testimony in a proceeding that may
  35-13  necessitate the absence of the victim from work for good cause; and
  35-14              (11)  the right to be present at all public court
  35-15  proceedings related to the conduct of the child, subject to the
  35-16  approval of the court.
  35-17        SECTION 29.  Chapter 61, Human Resources Code, is amended by
  35-18  adding Section 61.0755 to read as follows:
  35-19        Sec. 61.0755.  CLASSIFICATION OF CHILDREN.  (a)  The
  35-20  commission, by rule, shall adopt classifications of children
  35-21  committed to the commission according to the types of offenses that
  35-22  were committed, the previous records of conduct, the use of deadly
  35-23  weapons, the existence of any extenuating circumstances, and any
  35-24  other factor the commission determines is relevant.  The commission
  35-25  may not include a factor that is the same as or similar to the
  35-26  ground for making a determination of organized delinquent conduct
  35-27  under Section 54.0401, Family Code.
   36-1        (b)  For each classification established under Subsection
   36-2  (a), the commission shall set a minimum period of commitment that
   36-3  is reasonably intended to accomplish the purposes stated in Section
   36-4  51.01, Family Code.  Except as otherwise required by Subsection
   36-5  (d), the commission is not required to retain the custody of a
   36-6  child for the minimum period of commitment, and a child is not
   36-7  entitled to release solely because the child has been in the
   36-8  custody of the commission for the minimum period of commitment.
   36-9        (c)  After the initial examination of a child under Section
  36-10  61.071 and an evaluation of a child according to the commission's
  36-11  classifications under Subsection (a), the commission shall classify
  36-12  the child in accordance with the classifications.
  36-13        (d)  If the juvenile court that committed the child entered a
  36-14  finding in the child's case under Section 54.0401, Family Code,
  36-15  that the child engaged in organized delinquent activity, the
  36-16  commission may not release the child on supervision or discharge
  36-17  the child until the child has remained in the custody of the
  36-18  commission in a commission facility for twice the period that would
  36-19  otherwise be applicable to the child according to the minimum
  36-20  period of commitment for the child's classification.  This
  36-21  subsection does not apply to a child committed to the commission
  36-22  under a determinate sentence.
  36-23        SECTION 30.  Section 61.077, Human Resources Code, is amended
  36-24  to read as follows:
  36-25        Sec. 61.077.  Mentally Ill or Retarded Child.  (a)  If the
  36-26  commission determines that a child committed to it is mentally ill
  36-27  <or retarded>, the commission, without delay, shall return the
   37-1  child to the court of original jurisdiction for appropriate
   37-2  disposition or shall request that the court in the county where the
   37-3  child is located take any action required by the condition of the
   37-4  child.
   37-5        (b)  The commission shall accept a child committed to the
   37-6  commission who is mentally retarded.  The commission shall place
   37-7  the child in a facility or part of a facility designated for the
   37-8  correctional treatment of mentally retarded children.
   37-9        (c)  The commission shall provide all services in a facility
  37-10  designated for the correctional treatment of mentally retarded
  37-11  children except that the Texas Department of Mental Health and
  37-12  Mental Retardation shall provide services that are specifically for
  37-13  the treatment of mental retardation.
  37-14        SECTION 31.  Section 61.081, Human Resources Code, is amended
  37-15  by adding Subsection (h) to read as follows:
  37-16        (h)  The commission may not release under supervision under
  37-17  this section a person who is 18 years of age or older and who is
  37-18  recommitted to the commission under a determinate sentence under
  37-19  Section 54.11(i)(1), Family Code.
  37-20        SECTION 32.  Section 61.084, Human Resources Code, is amended
  37-21  by amending Subsection (d) and adding Subsections (e) and (f) to
  37-22  read as follows:
  37-23        (d)  Except as provided by Subsection (f), the <The>
  37-24  commission shall discharge from its custody a person not already
  37-25  discharged or transferred on the person's 21st birthday.
  37-26        (e)  If a person has been recommitted to the commission under
  37-27  a determinate sentence under Section 54.11(i)(1), Family Code, and
   38-1  is 18 years of age or older, the commission may transfer the person
   38-2  to the custody of the pardons and paroles division of the Texas
   38-3  Department of Criminal Justice to serve the remainder of the
   38-4  person's sentence on parole as provided by Section 29, Article
   38-5  42.18, Code of Criminal Procedure.
   38-6        (f)  The commission shall transfer a person who has been
   38-7  recommitted to the commission under a determinate sentence under
   38-8  Section 54.11(i)(1), Family Code, to the custody of the pardons and
   38-9  paroles division of the Texas Department of Criminal Justice on the
  38-10  person's 21st birthday, if the person has not already been
  38-11  discharged or transferred, to serve the remainder of the person's
  38-12  sentence on parole as provided by Section 29, Article 42.18, Code
  38-13  of Criminal Procedure.
  38-14        SECTION 33.  Subchapter A, Chapter 152, Human Resources Code,
  38-15  is amended by adding Section 152.0011 to read as follows:
  38-16        Sec. 152.0011.  COMPOSITION OF JUVENILE BOARD.  (a)  In
  38-17  addition to other members of a juvenile board designated by this
  38-18  chapter, a juvenile board is composed of:
  38-19              (1)  a prosecuting attorney as defined by Section
  38-20  51.02, Family Code;
  38-21              (2)  a mental health professional;
  38-22              (3)  a medical health professional; and
  38-23              (4)  a representative of the education community.
  38-24        (b)  The chairman of a juvenile board shall appoint the
  38-25  members of the board listed in Subsections (a)(2)-(4).
  38-26        (c)  If more than one prosecuting attorney is eligible to
  38-27  serve on the board, the chairman of the juvenile board shall
   39-1  appoint the prosecuting attorney.  This subsection does not apply
   39-2  to a juvenile board on which a prosecuting attorney is appointed
   39-3  under Subchapter D.
   39-4        (d)  The members of the board listed in Subsection (a) serve
   39-5  for staggered two-year terms with two of the members' terms
   39-6  expiring on January 31 of each year.
   39-7        SECTION 34.  Section 8.07(a), Penal Code, is amended to read
   39-8  as follows:
   39-9        (a)  A person may not be prosecuted for or convicted of any
  39-10  offense that he committed when younger than 14 <15> years of age
  39-11  except:
  39-12              (1)  perjury and aggravated perjury when it appears by
  39-13  proof that he had sufficient discretion to understand the nature
  39-14  and obligation of an oath;
  39-15              (2)  a violation of a penal statute cognizable under
  39-16  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
  39-17  (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
  39-18  which violates the laws of this state prohibiting driving while
  39-19  intoxicated or under the influence of intoxicating liquor (first or
  39-20  subsequent offense) or driving while under the influence of any
  39-21  narcotic drug or of any other drug to a degree which renders him
  39-22  incapable of safely driving a vehicle (first or subsequent
  39-23  offense)>;
  39-24              (3)  a violation of a motor vehicle traffic ordinance
  39-25  of an incorporated city or town in this state;
  39-26              (4)  a misdemeanor punishable by fine only other than
  39-27  public intoxication; or
   40-1              (5)  a violation of a penal ordinance of a political
   40-2  subdivision.
   40-3        SECTION 35.  Section 12.42, Penal Code, is amended by adding
   40-4  Subsection (f) to read as follows:
   40-5        (f)  For the purposes of Subsections (a)-(c) and (e), an
   40-6  adjudication by a juvenile court under Section 54.04 that a child
   40-7  engaged in conduct constituting a felony offense resulting in
   40-8  commitment to the Texas Youth Commission under Section 54.04(d)(2)
   40-9  or (3), Family Code, is a final felony conviction.
  40-10        SECTION 36.  Section 3(a), Article 37.07, Code of Criminal
  40-11  Procedure, is amended to read as follows:
  40-12        (a)  Regardless of the plea and whether the punishment be
  40-13  assessed by the judge or the jury, evidence may be offered by the
  40-14  state and the defendant as to any matter the court deems relevant
  40-15  to sentencing, including but not limited to the prior criminal
  40-16  record of the defendant, his general reputation, his character, an
  40-17  opinion regarding his character, the circumstances of the offense
  40-18  for which he is being tried, and, notwithstanding Rules 404 and
  40-19  405, Texas Rules of Criminal Evidence, any other evidence of an
  40-20  extraneous crime or bad act that is shown beyond a reasonable doubt
  40-21  by evidence to have been committed by the defendant or for which he
  40-22  could be held criminally responsible, regardless of whether he has
  40-23  previously been charged with or finally convicted of the crime or
  40-24  act.  A court may consider as a factor in mitigating punishment the
  40-25  conduct of a defendant while participating in a program under
  40-26  Chapter 17 of this code as a condition of release on bail.
  40-27  Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
   41-1  Evidence, evidence may be offered by the state and the defendant of
   41-2  an adjudication of delinquency based on a violation by the
   41-3  defendant of a penal law of the grade of:
   41-4              (1)  a felony; or
   41-5              (2)  a misdemeanor punishable by confinement in jail
   41-6  <unless:>
   41-7              <(1)  the adjudication is based on conduct committed
   41-8  more than five years before the commission of the offense for which
   41-9  the person is being tried; and>
  41-10              <(2)  in the five years preceding the date of the
  41-11  commission of the offense for which the person is being tried, the
  41-12  person did not engage in conduct for which the person has been
  41-13  adjudicated as a delinquent child or a child in need of supervision
  41-14  and did not commit an offense for which the person has been
  41-15  convicted>.
  41-16        SECTION 37.  Section 20, Article 42.18, Code of Criminal
  41-17  Procedure, is amended to read follows:
  41-18        Sec. 20.  INAPPLICABLE TO JUVENILES.  (a)  Except as provided
  41-19  by Subsection (b) of this section, the <The> provisions of this
  41-20  article shall not apply to parole from institutions for juveniles
  41-21  or to temporary furloughs granted to an inmate by the institutional
  41-22  division under Section 500.006, Government Code.
  41-23        (b)  The provisions of this article not in conflict with
  41-24  Section 29 of this article apply to parole of a person from the
  41-25  Texas Youth Commission under that section.
  41-26        SECTION 38.  Article 42.18, Code of Criminal Procedure, is
  41-27  amended by adding Section 29 to read as follows:
   42-1        Sec. 29.  DETERMINATE SENTENCE PAROLE.  (a)  Not later than
   42-2  the 90th day before the date the Texas Youth Commission transfers a
   42-3  person to the custody of the pardons and paroles division for
   42-4  release on parole under Section 61.084(e) or (f), Human Resources
   42-5  Code, the commission shall submit to the board all pertinent
   42-6  information relating to the person, including:
   42-7              (1)  the juvenile court judgment;
   42-8              (2)  the circumstances of the person's offense;
   42-9              (3)  the person's previous social history and juvenile
  42-10  court records;
  42-11              (4)  the person's physical and mental health record;
  42-12              (5)  a record of the person's conduct, employment
  42-13  history, and attitude while committed to the commission;
  42-14              (6)  a record of the sentence time served by the person
  42-15  at the commission; and
  42-16              (7)  any written comments or information provided by
  42-17  the commission, local officials, or victims of the offense.
  42-18        (b)  Before the release of the person on parole, a parole
  42-19  panel shall review the person's records and may interview the
  42-20  person or any other person the panel deems is necessary to
  42-21  determine the conditions of parole.  The panel may impose any
  42-22  reasonable condition of parole on the person that the panel may
  42-23  impose on an adult prisoner under this article.
  42-24        (c)  The panel shall furnish the person with a contract
  42-25  clearly describing the conditions and rules of parole.  The person
  42-26  must accept and sign the contract as a precondition to release on
  42-27  parole.
   43-1        (d)  While on parole, the person remains in the legal custody
   43-2  of the state and shall comply with the conditions of parole ordered
   43-3  by a panel under this section.
   43-4        (e)  The period of parole for a person released to parole
   43-5  under this section is the maximum term for which the person was
   43-6  sentenced less calendar time actually served at the Texas Youth
   43-7  Commission.
   43-8        (f)  If a parole panel revokes the person's parole, the panel
   43-9  may require the person to serve the portion remaining of the
  43-10  person's sentence in the institutional division.  The remaining
  43-11  portion of the person's sentence is calculated without credit for
  43-12  the time from the date of the person's release to the date of
  43-13  revocation.  The panel may not recommit the person to the Texas
  43-14  Youth Commission.
  43-15        (g)  For purposes of this article, a person released from the
  43-16  Texas Youth Commission on parole under this section is deemed to
  43-17  have been convicted of the offense for which the person has been
  43-18  adjudicated.
  43-19        SECTION 39.  Not later than January 31, 1996, the chairman of
  43-20  a juvenile board shall appoint the new members of the board in
  43-21  accordance with Section 152.0011, Human Resources Code, as added by
  43-22  this Act.  In making the appointments, the chairman shall designate
  43-23  two new members for terms expiring January 31, 1998, and two new
  43-24  members for terms expiring January 31, 2000.  The members serving
  43-25  on the board before the new members are appointed shall continue to
  43-26  carry out the functions of the board without the new members until
  43-27  the new members are appointed.
   44-1        SECTION 40.  (a)  This Act takes effect September 1, 1995.
   44-2        (b)  This Act applies only to conduct that occurs on or after
   44-3  the effective date of this Act.  Conduct violating the penal law of
   44-4  this state occurs on or after the effective date of this Act if any
   44-5  element of the violation occurs on or after that date.
   44-6        (c)  Conduct that occurs before the effective date of this
   44-7  Act is governed by the law in effect at the time the conduct
   44-8  occurred, and that law is continued in effect for that purpose.
   44-9        (d)  This Act applies only to fingerprints and photographs
  44-10  taken on or after the effective date of this Act.  Fingerprints or
  44-11  photographs taken before the effective date of this Act are
  44-12  governed by the law in effect at the time the fingerprints or
  44-13  photographs were taken, and that law is continued in effect for
  44-14  that purpose.
  44-15        (e)  This Act applies only to an appeal under Section 56.01,
  44-16  Family Code, of an order by a juvenile court rendered on or after
  44-17  the effective date of this Act.  An appeal of an order rendered
  44-18  before the effective date of this Act is governed by the law in
  44-19  effect at the time the order was rendered, and that law is
  44-20  continued in effect for that purpose.
  44-21        (f)  Section 61.0755, Human Resources Code, as added by this
  44-22  Act, does not require the Texas Youth Commission to change its
  44-23  classifications of children committed to it under Chapter 85, Title
  44-24  37, Texas Administrative Code, and those classifications remain in
  44-25  effect until changed by the commission.
  44-26        SECTION 41.  The importance of this legislation and the
  44-27  crowded condition of the calendars in both houses create an
   45-1  emergency and an imperative public necessity that the
   45-2  constitutional rule requiring bills to be read on three several
   45-3  days in each house be suspended, and this rule is hereby suspended.