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.