1-1 By: Goodman, et al. (Senate Sponsor - Harris) H.B. No. 327
1-2 (In the Senate - Received from the House March 27, 1995;
1-3 March 27, 1995, read first time and referred to Committee on
1-4 Criminal Justice; April 20, 1995, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 7, Nays
1-6 0; April 20, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 327 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the juvenile justice system, including the adjudication
1-11 and disposition of children; providing for civil and criminal
1-12 penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. The heading to Title 3, Family Code, is amended
1-15 to read as follows:
1-16 TITLE 3. JUVENILE JUSTICE CODE <DELINQUENT CHILDREN
1-17 AND CHILDREN IN NEED OF SUPERVISION>
1-18 SECTION 2. Section 51.01, Family Code, is amended to read as
1-19 follows:
1-20 Sec. 51.01. Purpose and Interpretation. This title shall be
1-21 construed to effectuate the following public purposes:
1-22 (1) to provide for the protection of the public and
1-23 public safety;
1-24 (2) consistent with the protection of the public and
1-25 public safety:
1-26 (A) to promote the concept of punishment for
1-27 criminal acts;
1-28 (B) to remove, where appropriate, the taint of
1-29 criminality from children committing certain unlawful acts; and
1-30 (C) to provide treatment, training, and
1-31 rehabilitation that emphasizes the accountability and
1-32 responsibility of both the parent and the child for the child's
1-33 conduct;
1-34 (3) to provide for the care, the protection, and the
1-35 wholesome moral, mental, and physical development of children
1-36 coming within its provisions;
1-37 (4) <(2)> to protect the welfare of the community and
1-38 to control the commission of unlawful acts by children;
1-39 (5) <(3) consistent with the protection of the public
1-40 interest, to remove from children committing unlawful acts the
1-41 taint of criminality and the consequences of criminal behavior and
1-42 to substitute a program of treatment, training, and rehabilitation;>
1-43 <(4)> to achieve the foregoing purposes in a family
1-44 environment whenever possible, separating the child from the
1-45 child's <his> parents only when necessary for the child's <his>
1-46 welfare or in the interest of public safety and when a child is
1-47 removed from the child's <his> family, to give the child <him> the
1-48 care that should be provided by parents; and
1-49 (6) <(5)> to provide a simple judicial procedure
1-50 through which the provisions of this title are executed and
1-51 enforced and in which the parties are assured a fair hearing and
1-52 their constitutional and other legal rights recognized and
1-53 enforced.
1-54 SECTION 3. Section 51.02, Family Code, is amended by
1-55 amending Subdivision (1) and adding Subdivisions (11)-(15) to read
1-56 as follows:
1-57 (1) "Child" means a person for whom the juvenile court
1-58 has or may exercise jurisdiction under Section 51.035 and the other
1-59 provisions of this chapter <who is:>
1-60 <(A) ten years of age or older and under 17
1-61 years of age; or>
1-62 <(B) seventeen years of age or older and under
1-63 18 years of age who is alleged or found to have engaged in
1-64 delinquent conduct or conduct indicating a need for supervision as
1-65 a result of acts committed before becoming 17 years of age>.
1-66 (11) "Status offender" means a child who is accused,
1-67 adjudicated, or convicted for conduct that would not, under state
1-68 law, be a crime if committed by an adult, including:
2-1 (A) truancy under Section 51.03(b)(2);
2-2 (B) running away from home under Section
2-3 51.03(b)(3);
2-4 (C) a fineable only offense under Section
2-5 51.03(b)(1) transferred to the juvenile court under Section
2-6 51.08(b), but only if the conduct constituting the offense would
2-7 not have been criminal if engaged in by an adult;
2-8 (D) failure to attend school under Section
2-9 4.251, Education Code;
2-10 (E) a violation of standards of student conduct
2-11 as described by Section 51.03(b)(6);
2-12 (F) a violation of a juvenile curfew ordinance;
2-13 (G) a violation of a provision of the Alcoholic
2-14 Beverage Code applicable to minors only; or
2-15 (H) a violation of any other fineable only
2-16 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
2-17 the conduct constituting the offense would not have been criminal
2-18 if engaged in by an adult.
2-19 (12) "Secure detention facility" means any public or
2-20 private residential facility that:
2-21 (A) includes construction fixtures designed to
2-22 physically restrict the movements and activities of juveniles or
2-23 other individuals held in lawful custody in the facility; and
2-24 (B) is used for the temporary placement of any
2-25 juvenile who is accused of having committed an offense, any
2-26 nonoffender, or any other individual accused of having committed a
2-27 criminal offense.
2-28 (13) "Secure correctional facility" means any public
2-29 or private residential facility, including an alcohol or other drug
2-30 treatment facility, that:
2-31 (A) includes construction fixtures designed to
2-32 physically restrict the movements and activities of juveniles or
2-33 other individuals held in lawful custody in the facility; and
2-34 (B) is used for the placement of any juvenile
2-35 who has been adjudicated as having committed an offense, any
2-36 nonoffender, or any other individual convicted of a criminal
2-37 offense.
2-38 (14) "Nonoffender" means a child who:
2-39 (A) is subject to jurisdiction of a court under
2-40 abuse, dependency, or neglect statutes for reasons other than
2-41 legally prohibited conduct of the child; or
2-42 (B) has been taken into custody and is being
2-43 held solely for deportation out of the United States.
2-44 (15) "Aggravated controlled substance felony" means an
2-45 offense under Subchapter D, Chapter 481, Health and Safety Code,
2-46 that is punishable by:
2-47 (A) a minimum term of confinement that is longer
2-48 than the minimum term of confinement for a felony of the first
2-49 degree; or
2-50 (B) a maximum fine that is greater than the
2-51 maximum fine for a felony of the first degree.
2-52 SECTION 4. Sections 51.03(a) and (b), Family Code, are
2-53 amended to read as follows:
2-54 (a) Delinquent conduct is:
2-55 (1) conduct, other than a traffic offense, that
2-56 violates a penal law of this state or of the United States
2-57 punishable by imprisonment or by confinement in jail;
2-58 (2) conduct that violates a reasonable and lawful
2-59 order of a juvenile court entered under Section 54.04 or 54.05 of
2-60 this code, except an order prohibiting the following conduct:
2-61 (A) a violation of the penal laws of this state
2-62 of the grade of misdemeanor that is punishable by fine only or a
2-63 violation of the penal ordinances of any political subdivision of
2-64 this state; or
2-65 (B) <the unexcused voluntary absence of a child
2-66 from school; or>
2-67 <(C)> the voluntary absence of a child from his
2-68 home without the consent of his parent or guardian for a
2-69 substantial length of time or without intent to return; <or>
2-70 (3) conduct that violates a reasonable and lawful
3-1 order of a municipal court or justice court under circumstances
3-2 that would constitute contempt of that court; or
3-3 (4) conduct that violates the laws of this state
3-4 prohibiting driving while intoxicated or under the influence of
3-5 intoxicating liquor (third or subsequent offense) or driving while
3-6 under the influence of any narcotic drug or of any other drug to
3-7 the degree that renders the child incapable of safely driving a
3-8 vehicle (third or subsequent offense).
3-9 (b) Conduct indicating a need for supervision is:
3-10 (1) subject to Subsection (f) of this section,
3-11 conduct, other than a traffic offense, that violates:
3-12 (A) the penal laws of this state of the grade of
3-13 misdemeanor that are punishable by fine only; or
3-14 (B) the penal ordinances of any political
3-15 subdivision of this state;
3-16 (2) the unexcused voluntary absence of a child on 10
3-17 or more days or parts of days within a six-month period or three or
3-18 more days or parts of days within a four-week period from school
3-19 without the consent of his parents;
3-20 (3) the voluntary absence of a child from his home
3-21 without the consent of his parent or guardian for a substantial
3-22 length of time or without intent to return;
3-23 (4) conduct which violates the laws of this state
3-24 prohibiting driving while intoxicated or under the influence of
3-25 intoxicating liquor (first or second offense) or driving while
3-26 under the influence of any narcotic drug or of any other drug to a
3-27 degree which renders him incapable of safely driving a vehicle
3-28 (first or second offense); <or>
3-29 (5) conduct prohibited by city ordinance or by state
3-30 law involving the inhalation of the fumes or vapors of paint and
3-31 other protective coatings or glue and other adhesives and the
3-32 volatile chemicals itemized in Section 484.002, Health and Safety
3-33 Code;
3-34 (6) an act that violates a school district's
3-35 previously communicated written standards of student conduct for
3-36 which the child has been expelled under Section 21.3011, Education
3-37 Code; or
3-38 (7) conduct that violates a reasonable and lawful
3-39 order of a court entered under Section 264.305.
3-40 SECTION 5. Chapter 51, Family Code, is amended by adding
3-41 Section 51.031 to read as follows:
3-42 Sec. 51.031. HABITUAL FELONY CONDUCT. Habitual felony
3-43 conduct is conduct violating a penal law of the grade of felony,
3-44 other than a state jail felony, if:
3-45 (1) the child who engaged in the conduct has at least
3-46 two previous adjudications as having engaged in delinquent conduct
3-47 violating a penal law of the grade of felony; and
3-48 (2) the second previous adjudication is for conduct
3-49 that occurred after the date the first previous adjudication became
3-50 final.
3-51 SECTION 6. Chapter 51, Family Code, is amended by adding
3-52 Sections 51.035 and 51.036 to read as follows:
3-53 Sec. 51.035. PERSONS FOR WHOM THE JUVENILE COURT HAS
3-54 JURISDICTION: AGE LIMITS. (a) The juvenile court has
3-55 jurisdiction in a suit under this title over a person:
3-56 (1) younger than 17 years of age;
3-57 (2) 17 years of age or older and younger than 18 years
3-58 of age who is alleged or found to have engaged in delinquent
3-59 conduct or conduct indicating a need for supervision as a result of
3-60 acts committed before becoming 17 years of age;
3-61 (3) 17 years of age or older and younger than 19 years
3-62 of age, if the person is committed to the Texas Youth Commission
3-63 and is eligible for or may be subject to transfer to the
3-64 institutional division or the pardons and paroles division of the
3-65 Texas Department of Criminal Justice;
3-66 (4) 18 years of age or older if the person was 14
3-67 years of age or older and under 17 years of age at the time the
3-68 person is alleged to have committed a capital felony or a felony of
3-69 the first degree, for the sole purpose of considering a transfer to
3-70 a criminal court under Section 54.02(j), 55.02(f), or 55.03(g); or
4-1 (5) 18 years of age or older if the person was 15
4-2 years of age or older and under 17 years of age at the time the
4-3 person is alleged to have committed a felony of the second or third
4-4 degree or a state jail felony, for the sole purpose of considering
4-5 a transfer to a criminal court under Section 54.02(j), 55.02(f), or
4-6 55.03(g).
4-7 (b) The juvenile court does not have jurisdiction over a
4-8 person younger than 10 years of age.
4-9 Sec. 51.036. PERSONS FOR WHOM THE JUVENILE COURT HAS
4-10 JURISDICTION: EXCEPTIONS. (a) The juvenile court does not have
4-11 jurisdiction over a person for whom a criminal court has original
4-12 jurisdiction unless the criminal court waives its jurisdiction and
4-13 transfers the child to the juvenile court under Section 51.08.
4-14 (b) The juvenile court does not have jurisdiction over a
4-15 person for whom the court has previously waived its exclusive
4-16 original jurisdiction under Section 54.02 and transferred the
4-17 person to a court for criminal proceedings. On transfer, the
4-18 person is treated as an adult for all further criminal proceedings.
4-19 The juvenile court resumes jurisdiction over the person transferred
4-20 if:
4-21 (1) the person is remanded to the juvenile court after
4-22 an examining trial;
4-23 (2) the person is not indicted by the grand jury;
4-24 (3) the person is found not guilty in the matter
4-25 transferred;
4-26 (4) the matter is dismissed with prejudice; or
4-27 (5) the person is convicted of a lesser included
4-28 offense classified as a misdemeanor.
4-29 (c) The juvenile court does not have jurisdiction over a
4-30 person for whom the juvenile court has waived jurisdiction under
4-31 Section 54.021 or over a person who commits an offense for which
4-32 jurisdiction has been waived under Section 54.021 during the period
4-33 that the waiver is effective.
4-34 SECTION 7. Chapter 51, Family Code, is amended by adding
4-35 Sections 51.041 and 51.042 to read as follows:
4-36 Sec. 51.041. JURISDICTION AFTER APPEAL. The court retains
4-37 jurisdiction over a person, without regard to the age of the
4-38 person, for conduct engaged in by the person before becoming 17
4-39 years of age if, as a result of an appeal by the person under
4-40 Chapter 56 of an order of the court, the order is reversed or
4-41 modified and the case remanded to the court by the appellate court.
4-42 Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
4-43 CHILD. (a) A child who objects to the jurisdiction of the court
4-44 over the child because of the age of the child must raise the
4-45 objection at the child's first formal hearing under this title.
4-46 (b) A child who does not object as provided by Subsection
4-47 (a) waives any right to object to the jurisdiction of the court
4-48 because of the age of the child at a later hearing or on appeal.
4-49 SECTION 8. Section 51.06, Family Code, is amended to read as
4-50 follows:
4-51 Sec. 51.06. VENUE. (a) A proceeding under this title shall
4-52 be commenced in<:>
4-53 <(1) the county in which the child resides; or>
4-54 <(2)> the county in which the alleged delinquent
4-55 conduct or conduct indicating a need for supervision occurred.
4-56 (b) An application for a writ of habeas corpus brought by or
4-57 on behalf of a person <child> who has been committed to an
4-58 institution under the jurisdiction of the Texas Youth Commission
4-59 and which attacks the validity of the judgment of commitment shall
4-60 be brought in the county in which the court that entered the
4-61 judgment of commitment is located.
4-62 SECTION 9. Sections 51.08(b) and (c), Family Code, are
4-63 amended to read as follows:
4-64 (b) A court in which there is pending a complaint against a
4-65 person whose age is within limits described by Section 51.035(1) or
4-66 (2) <child> alleging a violation of a misdemeanor offense
4-67 punishable by fine only other than a traffic offense or public
4-68 intoxication or a violation of a penal ordinance of a political
4-69 subdivision other than a traffic offense:
4-70 (1) shall waive its original jurisdiction and refer
5-1 the person <a child> to juvenile court if the person <child> has
5-2 previously been convicted of:
5-3 (A) two or more misdemeanors punishable by fine
5-4 only other than a traffic offense or public intoxication;
5-5 (B) two or more violations of a penal ordinance
5-6 of a political subdivision other than a traffic offense; or
5-7 (C) one or more of each of the types of
5-8 misdemeanors described in Paragraph (A) or (B) of this subdivision;
5-9 and
5-10 (2) may waive its original jurisdiction and refer the
5-11 person <a child> to juvenile court if the person <child>:
5-12 (A) has not previously been convicted of a
5-13 misdemeanor punishable by fine only other than a traffic offense or
5-14 public intoxication or a violation of a penal ordinance of a
5-15 political subdivision other than a traffic offense; or
5-16 (B) has previously been convicted of fewer than
5-17 two misdemeanors punishable by fine only other than a traffic
5-18 offense or public intoxication or two violations of a penal
5-19 ordinance of a political subdivision other than a traffic offense.
5-20 (c) A court in which there is pending a complaint against a
5-21 person whose age is within limits described by Section 51.035(1) or
5-22 (2) <child> alleging a violation of a misdemeanor offense
5-23 punishable by fine only other than a traffic offense or public
5-24 intoxication or a violation of a penal ordinance of a political
5-25 subdivision other than a traffic offense shall notify the juvenile
5-26 court of the county in which the court is located of the pending
5-27 complaint and shall furnish to the juvenile court a copy of the
5-28 final disposition of any matter for which the court does not waive
5-29 its original jurisdiction under Subsection (b) of this section.
5-30 SECTION 10. Section 51.09(b), Family Code, as amended by
5-31 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
5-32 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
5-33 Legislature, Regular Session, 1991, and amended to read as follows:
5-34 (b) Notwithstanding any of the provisions of Subsection (a)
5-35 of this section, the statement of a child is admissible in evidence
5-36 in any future proceeding concerning the matter about which the
5-37 statement was given if:
5-38 (1) when the child is in a detention facility or other
5-39 place of confinement or in the custody of an officer, the statement
5-40 is made in writing and the statement shows that the child has at
5-41 some time prior to the making thereof received from a peace officer
5-42 listed under Article 2.12, Code of Criminal Procedure, <magistrate>
5-43 a warning that:
5-44 (A) the child may remain silent and not make any
5-45 statement at all and that any statement that the child makes may be
5-46 used in evidence against the child;
5-47 (B) the child has the right to have an attorney
5-48 present to advise the child either prior to any questioning or
5-49 during the questioning;
5-50 (C) if the child is unable to employ an
5-51 attorney, the child has the right to have an attorney appointed to
5-52 counsel with the child prior to or during any interviews with peace
5-53 officers or attorneys representing the state;
5-54 (D) the child has the right to terminate the
5-55 interview at any time;
5-56 (E) if the child is 14 <15> years of age or
5-57 older at the time of the violation of a penal law of the grade of
5-58 capital felony or felony of the first degree, or is 15 years of age
5-59 or older at the time of the violation of a penal law of the grade
5-60 of felony of the second or third degree or a state jail felony, the
5-61 juvenile court may waive its jurisdiction and the child may be
5-62 tried as an adult;
5-63 (F) the child may be sentenced to commitment in
5-64 the Texas Youth Commission with a possible transfer to the
5-65 institutional division or the pardons and paroles division of the
5-66 Texas Department of Criminal Justice for a minimum term of two
5-67 years and a maximum term of <not to exceed> 40 years for a capital
5-68 felony or felony of the first degree, 20 years for a felony of the
5-69 second degree, or 10 years for a felony of the third degree if the
5-70 child is found to have engaged in habitual felony conduct by
6-1 violating a penal law of the grade of felony, other than a state
6-2 jail felony, if the child has at least two previous adjudications
6-3 as having engaged in delinquent conduct violating a penal law of
6-4 the grade of felony and the second previous adjudication is for
6-5 conduct that occurred after the date the first previous
6-6 adjudication became final, alleged in a petition approved by a
6-7 grand jury, or in delinquent conduct, alleged in a petition
6-8 approved by a grand jury, that included:
6-9 (i) murder;
6-10 (ii) capital murder;
6-11 (iii) aggravated kidnapping;
6-12 (iv) sexual assault or aggravated sexual
6-13 assault;
6-14 (v) aggravated robbery;
6-15 (vi) aggravated assault <deadly assault on
6-16 a law enforcement officer, corrections officer, court participant,
6-17 or probation personnel>; <or>
6-18 (vii) injury to a child, elderly
6-19 individual, or disabled individual that is punishable as a felony,
6-20 other than a state jail felony, under Section 22.04, Penal Code;
6-21 (viii) deadly conduct defined by Section
6-22 22.05(b), Penal Code (discharging firearm at persons or certain
6-23 objects);
6-24 (ix) an offense that is a felony of the
6-25 first degree or an aggravated controlled substance felony under
6-26 Subchapter D, Chapter 481, Health and Safety Code (certain offenses
6-27 involving controlled substances);
6-28 (x) criminal solicitation; or
6-29 (xi) criminal attempt of any offense
6-30 listed in this paragraph that is punishable under Section 15.01,
6-31 Penal Code, as a felony, other than a state jail felony
6-32 <(vi) attempted capital murder>; and
6-33 (G) the statement must be signed in the presence
6-34 of a magistrate by the child with no law enforcement officer or
6-35 prosecuting attorney present, except that a magistrate may require
6-36 a bailiff or a law enforcement officer if a bailiff is not
6-37 available to be present if the magistrate determines that the
6-38 presence of the bailiff or law enforcement officer is necessary for
6-39 the personal safety of the magistrate or other court personnel,
6-40 provided that the bailiff or law enforcement officer may not carry
6-41 a weapon in the presence of the child. The magistrate must be
6-42 fully convinced that the child understands the nature and contents
6-43 of the statement and that the child is signing the same
6-44 voluntarily. If such a statement is taken, the magistrate shall
6-45 sign a written statement verifying the foregoing requisites have
6-46 been met.
6-47 The child must knowingly, intelligently, and voluntarily
6-48 waive these rights prior to and during the making of the statement
6-49 and sign the statement in the presence of a magistrate who must
6-50 certify that he has examined the child independent of any law
6-51 enforcement officer or prosecuting attorney, except as required to
6-52 ensure the personal safety of the magistrate or other court
6-53 personnel, and has determined that the child understands the nature
6-54 and contents of the statement and has knowingly, intelligently, and
6-55 voluntarily waived these rights.
6-56 (2) it be made orally and the child makes a statement
6-57 of facts or circumstances that are found to be true, which conduct
6-58 tends to establish his guilt, such as the finding of secreted or
6-59 stolen property, or the instrument with which he states the offense
6-60 was committed.
6-61 (3) the statement was res gestae of the delinquent
6-62 conduct or the conduct indicating a need for supervision or of the
6-63 arrest.
6-64 SECTION 11. Section 51.09(c), Family Code, as amended by
6-65 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
6-66 Session, 1991, is reenacted and amended to read as follows:
6-67 (c) A warning under Subsection (b)(1)(E) or <Subsection>
6-68 (b)(1)(F) <of this section> is required only when applicable to the
6-69 facts of the case. A failure to warn a child under Subsection
6-70 (b)(1)(E) <of this section> does not render a statement made by the
7-1 child inadmissible unless the child is transferred to a criminal
7-2 district court under Section 54.02 <of this code>. A failure to
7-3 warn a child under Subsection (b)(1)(F) <of this section> does not
7-4 render a statement made by the child inadmissible unless the state
7-5 proceeds against the child on a petition approved by a grand jury
7-6 under Section 53.045 <of this code>.
7-7 SECTION 12. Section 51.10(c), Family Code, is amended to
7-8 read as follows:
7-9 (c) If the child was not represented by an attorney at the
7-10 detention hearing required by Section 54.01 of this code and a
7-11 determination was made to detain the child, the child shall
7-12 immediately be entitled to representation by an attorney. The
7-13 court shall <may> order the retention of an attorney according to
7-14 Subsection (d) <Section 51.10(d) of this code> or appoint an
7-15 attorney according to Subsection (f) <Section 51.10(f) of this
7-16 code>.
7-17 SECTION 13. Section 51.12, Family Code, is amended by
7-18 amending Subsections (a) and (c) and adding Subsections (f) and (g)
7-19 to read as follows:
7-20 (a) Except after transfer to criminal court for prosecution
7-21 under Section 54.02 <of this code>, a child may <shall not> be
7-22 detained only in a:
7-23 (1) juvenile processing office in compliance with
7-24 Section 52.025;
7-25 (2) place of nonsecure custody in compliance with
7-26 Section 52.027; or
7-27 (3) certified juvenile detention facility that
7-28 complies with the requirements of Subsection (f) <in or committed
7-29 to a compartment of a jail or lockup in which adults arrested for,
7-30 charged with, or convicted of crime are detained or committed, nor
7-31 be permitted contact with such persons>.
7-32 (c) In each county, the judge of the juvenile court and the
7-33 members of the juvenile board shall personally inspect the
7-34 detention facilities and any public or private secure correctional
7-35 facilities used for post-adjudication confinement that are located
7-36 in the county and operated under authority of the juvenile board at
7-37 least annually and shall certify in writing to the authorities
7-38 responsible for operating and giving financial support to the
7-39 facilities and to the Texas Juvenile Probation Commission that they
7-40 are suitable or unsuitable for the detention of children in
7-41 accordance with:
7-42 (1) the requirements of Subsections <Subsection> (a),
7-43 (f), and (g) <of this section>; and
7-44 (2) minimum <the requirements of Subchapter A, Chapter
7-45 351, Local Government Code, if the detention facility is a county
7-46 jail; and>
7-47 <(3) recognized> professional standards for the
7-48 detention of children in pre-adjudication or post-adjudication
7-49 secure confinement <deemed appropriate by the board, which may
7-50 include minimum standards> promulgated by the Texas Juvenile
7-51 Probation Commission or, at the election of the juvenile board, the
7-52 standards promulgated by the American Correctional Association<.
7-53 The juvenile board shall annually provide to the Texas Juvenile
7-54 Probation Commission a copy of the standards used under this
7-55 section>.
7-56 (f) A child detained in a building that contains a jail,
7-57 lockup, or other place of secure confinement, including an alcohol
7-58 or other drug treatment facility, shall be separated by sight and
7-59 sound from adults detained in the same building. Children and
7-60 adults are separated by sight and sound only if they are unable to
7-61 see each other and conversation between them is not possible. The
7-62 separation must extend to all areas of the facility, including
7-63 sally ports and passageways, and those areas used for admission,
7-64 sleeping, toileting, showering, dining, recreational, educational,
7-65 or vocational activities, and health care. The separation may be
7-66 accomplished through architectural design.
7-67 (g) Except for a child detained in a juvenile processing
7-68 office or a place of nonsecure custody, a child detained in a
7-69 building that contains a jail or lockup may not have any contact
7-70 with:
8-1 (1) part-time or full-time security staff, including
8-2 management, who have contact with adults detained in the same
8-3 building; or
8-4 (2) direct-care staff who have contact with adults
8-5 detained in the same building.
8-6 SECTION 14. Section 51.13, Family Code, is amended by
8-7 amending Subsection (a) and adding Subsection (d) to read as
8-8 follows:
8-9 (a) Except as provided by Subsection (d), an <An> order of
8-10 adjudication or disposition in a proceeding under this title is not
8-11 a conviction of crime, and does not impose any civil disability
8-12 ordinarily resulting from a conviction or operate to disqualify the
8-13 child in any civil service application or appointment.
8-14 (d) An adjudication under Section 54.03 that a child engaged
8-15 in delinquent conduct that constitutes a felony offense for which
8-16 the child is committed to the Texas Youth Commission under Section
8-17 54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony
8-18 conviction for purposes of Sections 12.42(a)-(c) and (e), Penal
8-19 Code.
8-20 SECTION 15. Section 51.17, Family Code, is amended to read
8-21 as follows:
8-22 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
8-23 burden of proof to be borne by the state in adjudicating a child to
8-24 be delinquent or in need of supervision under Section 54.03(f) or
8-25 otherwise when in conflict with a provision of this title, the
8-26 Texas Rules of Civil Procedure govern proceedings under this title.
8-27 <Particular reference is made to the burden of proof to be borne by
8-28 the state in adjudicating a child to be delinquent or in need of
8-29 supervision (Section 54.03(f)).>
8-30 (b) Discovery in a proceeding under this title is governed
8-31 by the Code of Criminal Procedure.
8-32 (c) Except as otherwise provided by this title, the Texas
8-33 Rules of Criminal Evidence and Chapter 38, Code of Criminal
8-34 Procedure, apply in a judicial proceeding under this title.
8-35 SECTION 16. Section 52.01(a), Family Code, is amended to
8-36 read as follows:
8-37 (a) A child may be taken into custody:
8-38 (1) pursuant to an order of the juvenile court under
8-39 the provisions of this subtitle;
8-40 (2) pursuant to the laws of arrest;
8-41 (3) by a law-enforcement officer, including a school
8-42 district peace officer commissioned under Section 21.483, Education
8-43 Code, if there is probable cause <are reasonable grounds> to
8-44 believe that the child has engaged in:
8-45 (A) conduct that violates a penal law of this
8-46 state or a penal ordinance of any political subdivision of this
8-47 state; or
8-48 (B) delinquent conduct or conduct indicating a
8-49 need for supervision; <or>
8-50 (4) by a probation officer if there is probable cause
8-51 <are reasonable grounds> to believe that the child has violated a
8-52 condition of probation imposed by the juvenile court; or
8-53 (5) pursuant to a directive to apprehend issued as
8-54 provided by Section 52.015.
8-55 SECTION 17. Chapter 52, Family Code, is amended by adding
8-56 Section 52.015 to read as follows:
8-57 Sec. 52.015. DIRECTIVE TO APPREHEND. (a) On the request of
8-58 a law-enforcement or probation officer, a juvenile court may issue
8-59 a directive to apprehend a child if the court finds there is
8-60 probable cause to take the child into custody under the provisions
8-61 of this title.
8-62 (b) On the issuance of a directive to apprehend, the
8-63 law-enforcement or probation officer requesting the directive shall
8-64 take the child into custody.
8-65 (c) An order under this section is not subject to appeal.
8-66 SECTION 18. Section 52.025, Family Code, is amended by
8-67 amending Subsection (a) and adding Subsection (e) to read as
8-68 follows:
8-69 (a) The juvenile court may designate an office or a room,
8-70 which may be located in a police facility or sheriff's offices, as
9-1 the juvenile processing office for the temporary detention of a
9-2 child taken into custody under Section 52.01 of this code. The
9-3 office may not be a cell or holding facility used for the detention
9-4 of an adult <detentions other than detentions under this section>.
9-5 The juvenile court by written order may prescribe the conditions of
9-6 the designation and limit the activities that may occur in the
9-7 office during the temporary detention.
9-8 (e) Notwithstanding any other provision of this section, a
9-9 child may be processed at any facility that is regularly used to
9-10 process adult criminal offenders if:
9-11 (1) the juvenile court has not made a designation
9-12 under Subsection (a) or the court has made a designation but the
9-13 child cannot be processed within six hours at the designated
9-14 facility;
9-15 (2) the child is visually and auditorily separated
9-16 from any adult criminal offender at the facility; and
9-17 (3) the child is supervised by a staff separate from
9-18 the staff that supervises adult criminal offenders.
9-19 SECTION 19. Chapter 52, Family Code, is amended by adding
9-20 Sections 52.027 and 52.028 to read as follows:
9-21 Sec. 52.027. CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
9-22 OFFENSES, FOR OTHER FINEABLE ONLY OFFENSES, OR AS STATUS OFFENDER.
9-23 (a) A child may be released to the child's parent, guardian,
9-24 custodian, or other responsible adult as provided in Section
9-25 52.02(a)(1) if the child is taken into custody:
9-26 (1) for a traffic offense;
9-27 (2) for an offense other than public intoxication
9-28 punishable by fine only; or
9-29 (3) as a status offender or nonoffender.
9-30 (b) A child described by Subsection (a) may be taken only to
9-31 a place previously designated by the head of the law enforcement
9-32 agency with custody of the child as an appropriate place of
9-33 nonsecure custody for children unless the child:
9-34 (1) is released under Section 52.02(a)(1);
9-35 (2) is taken before a municipal court or justice
9-36 court; or
9-37 (3) for truancy or running away, is taken to a
9-38 juvenile detention facility.
9-39 (c) A place of nonsecure custody for children must be an
9-40 unlocked, multipurpose area. A lobby, office, or interrogation
9-41 room is suitable if the area is not designated, set aside, or used
9-42 as a secure detention area and is not part of a secure detention
9-43 area. A place of nonsecure custody may be a juvenile processing
9-44 office designated under Section 52.025 if the area is not locked
9-45 when it is used as a place of nonsecure custody.
9-46 (d) The following procedures shall be followed in a place of
9-47 nonsecure custody for children:
9-48 (1) a child may not be secured physically to a cuffing
9-49 rail, chair, desk, or other stationary object;
9-50 (2) the child may be held in the nonsecure facility
9-51 only long enough to accomplish the purpose of identification,
9-52 investigation, processing, release to parents, or the arranging of
9-53 transportation to the appropriate juvenile court, juvenile
9-54 detention facility, municipal court, or justice court;
9-55 (3) residential use of the area is prohibited; and
9-56 (4) the child shall be under continuous visual
9-57 supervision by a law enforcement officer or facility staff person
9-58 during the time the child is in nonsecure custody.
9-59 (e) Notwithstanding any other provision of this section, a
9-60 child may not, under any circumstances, be detained in a place of
9-61 nonsecure custody for more than six hours.
9-62 (f) A child taken into custody for a traffic offense or an
9-63 offense, other than public intoxication, punishable by fine only
9-64 may be presented or detained in a detention facility designated by
9-65 the juvenile court under Section 52.02(a)(3) only if:
9-66 (1) the child's non-traffic case is transferred to the
9-67 juvenile court by a municipal court or justice court under Section
9-68 51.08(b); or
9-69 (2) the child is referred to the juvenile court by a
9-70 municipal court or justice court for contempt of court under
10-1 Subsection (h).
10-2 (g) A law enforcement officer may issue a field release
10-3 citation, as provided by Article 14.06, Code of Criminal Procedure,
10-4 in place of taking a child into custody for a traffic offense or an
10-5 offense, other than public intoxication, punishable by fine only.
10-6 (h) A municipal court or justice court may not hold a child
10-7 in contempt for intentionally refusing to obey a lawful order of
10-8 disposition after an adjudication of guilt of a traffic offense or
10-9 other offense punishable by fine only. The municipal court or
10-10 justice court shall instead refer the child to the appropriate
10-11 juvenile court for delinquent conduct for contempt of the municipal
10-12 court or justice court order.
10-13 (i) In this section, "child" means a person who is at least
10-14 10 years of age and younger than 18 years of age and who:
10-15 (1) is charged with or convicted of a traffic offense
10-16 or an offense, other than public intoxication, punishable by fine
10-17 only as a result of an act committed before becoming 17 years of
10-18 age;
10-19 (2) is a status offender and was taken into custody as
10-20 a status offender for conduct engaged in before becoming 17 years
10-21 of age; or
10-22 (3) is a nonoffender and became a nonoffender before
10-23 becoming 17 years of age.
10-24 Sec. 52.028. CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
10-25 JUVENILE CURFEW ORDINANCE. (a) A person younger than 17 years of
10-26 age taken into custody for violation of a juvenile curfew ordinance
10-27 of a governmental entity may be taken to a place designated as a
10-28 juvenile curfew processing office by the head of the law
10-29 enforcement agency of the governmental entity.
10-30 (b) The juvenile curfew processing office is not subject to
10-31 the approval of the juvenile board having jurisdiction where the
10-32 governmental entity is located.
10-33 SECTION 20. Sections 52.03(a) and (c), Family Code, are
10-34 amended to read as follows:
10-35 (a) A law-enforcement officer authorized by this title to
10-36 take a child into custody may dispose of the case of a child taken
10-37 into custody without referral to juvenile court, if:
10-38 (1) guidelines for such disposition have been issued
10-39 by the law-enforcement agency in which the officer works;
10-40 (2) the guidelines have been approved by the juvenile
10-41 board <court> of the county in which the disposition is made;
10-42 (3) the disposition is authorized by the guidelines;
10-43 and
10-44 (4) the officer makes a written report of his
10-45 disposition to the law-enforcement agency, identifying the child
10-46 and specifying the grounds for believing that the taking into
10-47 custody was authorized.
10-48 (c) A disposition authorized by this section may involve:
10-49 (1) referral of the child to an agency other than the
10-50 juvenile court; <or>
10-51 (2) a brief conference with the child and his parent,
10-52 guardian, or custodian; or
10-53 (3) referral of the child and the child's parent,
10-54 guardian, or custodian for services under Section 264.302.
10-55 SECTION 21. Chapter 52, Family Code, is amended by adding
10-56 Section 52.031 to read as follows:
10-57 Sec. 52.031. FIRST OFFENDER PROGRAM. (a) A juvenile board
10-58 may establish a first offender program under this section for the
10-59 referral and disposition of children taken into custody for:
10-60 (1) conduct indicating a need for supervision; or
10-61 (2) delinquent conduct other than conduct that
10-62 constitutes a felony of the first, second, or third degree.
10-63 (b) Each juvenile board in the county in which a first
10-64 offender program is established shall designate a law enforcement
10-65 officer and an agency, which may be a law enforcement agency, to
10-66 process a child under the first offender program.
10-67 (c) The disposition of a child under the first offender
10-68 program may not take place until:
10-69 (1) guidelines for the disposition have been issued by
10-70 the agency designated under Subsection (b); and
11-1 (2) the juvenile board has approved the guidelines.
11-2 (d) A law enforcement officer taking a child into custody
11-3 may refer the child to the law enforcement officer or agency
11-4 designated under Subsection (b) for disposition under the first
11-5 offender program and not refer the child to juvenile court only if:
11-6 (1) the child has not previously been adjudicated as
11-7 having engaged in delinquent conduct;
11-8 (2) the referral complies with guidelines for
11-9 disposition under Subsection (c); and
11-10 (3) the officer reports in writing the referral to the
11-11 agency, identifying the child and specifying the grounds for taking
11-12 the child into custody.
11-13 (e) A child referred for disposition under the first
11-14 offender program may not be detained in law enforcement custody.
11-15 (f) The parent, guardian, or other custodian of the child
11-16 must receive notice that the child has been referred for
11-17 disposition under the first offender program. The notice must:
11-18 (1) state the grounds for taking the child into
11-19 custody;
11-20 (2) identify the law enforcement officer or agency to
11-21 which the child was referred;
11-22 (3) briefly describe the nature of the program; and
11-23 (4) state that the child's failure to complete the
11-24 program will result in the child being referred to the juvenile
11-25 court.
11-26 (g) The child and the parent, guardian, or other custodian
11-27 of the child must consent to participation by the child in the
11-28 first offender program.
11-29 (h) Disposition under a first offender program may include:
11-30 (1) voluntary restitution by the child or the parent,
11-31 guardian, or other custodian of the child to the victim of the
11-32 conduct of the child;
11-33 (2) voluntary community service restitution by the
11-34 child;
11-35 (3) educational, vocational training, counseling, or
11-36 other rehabilitative services; and
11-37 (4) periodic reporting by the child to the law
11-38 enforcement officer or agency to which the child has been referred.
11-39 (i) The case of a child who successfully completes the first
11-40 offender program is closed and may not be referred to juvenile
11-41 court, unless the child is taken into custody under circumstances
11-42 described by Subsection (j)(3).
11-43 (j) The case of a child referred for disposition under the
11-44 first offender program shall be referred to juvenile court if:
11-45 (1) the child fails to complete the program;
11-46 (2) the child or the parent, guardian, or other
11-47 custodian of the child terminates the child's participation in the
11-48 program before the child completes it; or
11-49 (3) the child completes the program but is taken into
11-50 custody under Section 52.01 before the 90th day after the date the
11-51 child completes the program for conduct other than the conduct for
11-52 which the child was referred to the first offender program.
11-53 (k) A statement made by a child to a person giving advice,
11-54 supervision, or participating in the first offender program may not
11-55 be used against the child in any proceeding under this title or any
11-56 criminal proceeding.
11-57 (l) The law enforcement agency must report to the juvenile
11-58 board in December of each year the following:
11-59 (1) the last known address of the child, including the
11-60 census tract;
11-61 (2) the gender and ethnicity of the child referred to
11-62 the program; and
11-63 (3) the offense committed by the child.
11-64 SECTION 22. Section 53.01, Family Code, is amended by
11-65 amending Subsections (a) and (b) and adding Subsections (d)-(f) to
11-66 read as follows:
11-67 (a) On referral of a person believed to be a child or on
11-68 referral of the person's <a child's> case to the office or official
11-69 designated by the juvenile court, the intake officer, probation
11-70 officer, or other person authorized by the court shall conduct a
12-1 preliminary investigation to determine whether:
12-2 (1) the person referred to juvenile court is a child
12-3 within the meaning of this title; and
12-4 (2) there is probable cause to believe the person
12-5 <child> engaged in delinquent conduct or conduct indicating a need
12-6 for supervision<; and>
12-7 <(3) further proceedings in the case are in the
12-8 interest of the child or the public>.
12-9 (b) If it is determined that the person is not a child<,> or
12-10 there is no probable cause, <or further proceedings are not
12-11 warranted,> the person <child> shall immediately be released <and
12-12 proceedings terminated>.
12-13 (d) Unless the juvenile board approves a written procedure
12-14 proposed by the office of prosecuting attorney and chief juvenile
12-15 probation officer which provides otherwise, if it is determined
12-16 that the person is a child and, regardless of a finding of probable
12-17 cause, or a lack thereof, there is an allegation that the child
12-18 engaged in delinquent conduct of the grade of felony, or conduct
12-19 constituting a misdemeanor offense involving violence to a person
12-20 or the use or possession of a weapon, or a misdemeanor sexual
12-21 offense, the case shall be promptly forwarded to the office of the
12-22 prosecuting attorney, accompanied by:
12-23 (1) all documents that accompanied the current
12-24 referral; and
12-25 (2) a summary of all prior referrals of the child to
12-26 the juvenile court, juvenile probation department, or juvenile
12-27 detention facility.
12-28 (e) If a juvenile board adopts an alternative referral plan
12-29 under Subsection (d), the board shall register the plan with the
12-30 Texas Juvenile Probation Commission.
12-31 (f) A juvenile board may not adopt an alternate referral
12-32 plan that does not require the forwarding of a child's case to the
12-33 prosecuting attorney as provided by Subsection (d) if probable
12-34 cause exists to believe that the child engaged in delinquent
12-35 conduct that violates Section 19.03, Penal Code (capital murder),
12-36 or Section 19.02, Penal Code (murder).
12-37 SECTION 23. Chapter 53, Family Code, is amended by adding
12-38 Sections 53.012 and 53.013 to read as follows:
12-39 Sec. 53.012. REVIEW BY PROSECUTOR. (a) The prosecuting
12-40 attorney shall promptly review the circumstances and allegations of
12-41 a referral made under Section 53.01 for legal sufficiency and the
12-42 desirability of prosecution.
12-43 (b) If the prosecuting attorney does not file a petition
12-44 requesting the adjudication of the child referred to the
12-45 prosecuting attorney, the prosecuting attorney shall:
12-46 (1) terminate all proceedings, if the reason is for
12-47 lack of probable cause;
12-48 (2) return the referral to the juvenile probation
12-49 department for further proceedings; or
12-50 (3) refer the juvenile to a community-based citizen
12-51 intervention program approved by the juvenile court.
12-52 (c) The juvenile probation department shall promptly refer a
12-53 child who has been returned to the department under Subsection
12-54 (b)(2) and who fails or refuses to participate in a program of the
12-55 department to the prosecuting attorney for review of the child's
12-56 case and determination of whether to file a petition.
12-57 Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. Each juvenile
12-58 board may adopt a progressive sanctions program using the
12-59 guidelines for progressive sanctions in Chapter 59.
12-60 SECTION 24. Section 53.02, Family Code, is amended by
12-61 amending Subsection (b) and adding Subsection (d) to read as
12-62 follows:
12-63 (b) A child taken into custody may be detained prior to
12-64 hearing on the petition only if:
12-65 (1) he is likely to abscond or be removed from the
12-66 jurisdiction of the court;
12-67 (2) suitable supervision, care, or protection for him
12-68 is not being provided by a parent, guardian, custodian, or other
12-69 person;
12-70 (3) he has no parent, guardian, custodian, or other
13-1 person able to return him to the court when required;
13-2 (4) he <is accused of committing a felony offense and>
13-3 may be dangerous to himself or he may threaten the safety of the
13-4 public <others> if released; or
13-5 (5) he has previously been found to be a delinquent
13-6 child or has previously been convicted of a penal offense
13-7 punishable by a term in jail or prison and is likely to commit an
13-8 offense if released.
13-9 (d) A release of a child to an adult under Subsection (a)
13-10 must be conditioned on the agreement of the adult to be subject to
13-11 the jurisdiction of the juvenile court and to an order of contempt
13-12 by the court if the adult, after notification, is unable to produce
13-13 the child at later proceedings.
13-14 SECTION 25. Section 53.03, Family Code, is amended to read
13-15 as follows:
13-16 Sec. 53.03. DEFERRED PROSECUTION <INTAKE CONFERENCE AND
13-17 ADJUSTMENT>. (a) Subject to Subsection (h), if <If> the
13-18 preliminary investigation required by Section 53.01 of this code
13-19 results in a determination that further proceedings in the case are
13-20 authorized <and warranted>, the probation officer or other
13-21 designated officer of the court, subject to the direction of the
13-22 juvenile court, may advise the parties for a reasonable period of
13-23 time not to exceed six months concerning deferred prosecution <an
13-24 informal adjustment> and <voluntary> rehabilitation of a child if:
13-25 (1) deferred prosecution <advice without a court
13-26 hearing> would be in the interest of the public and the child;
13-27 (2) the child and his parent, guardian, or custodian
13-28 consent with knowledge that consent is not obligatory; and
13-29 (3) the child and his parent, guardian, or custodian
13-30 are informed that they may terminate the deferred prosecution
13-31 <adjustment process> at any point and petition the court for a
13-32 court hearing in the case.
13-33 (b) Except as otherwise permitted by this title, the child
13-34 may not be detained during or as a result of the deferred
13-35 prosecution <adjustment> process.
13-36 (c) An incriminating statement made by a participant to the
13-37 person giving advice and in the discussions or conferences incident
13-38 thereto may not be used against the declarant in any court hearing.
13-39 (d) A deferred prosecution <An informal adjustment>
13-40 authorized by this section shall <may> involve:
13-41 (1) <voluntary> restitution by the child or his parent
13-42 to the victim of an offense if there is a victim of the offense; or
13-43 (2) <voluntary> community service restitution by the
13-44 child.
13-45 (e) In addition to the requirements of Subsection (d), a
13-46 deferred prosecution may involve participation by the child in a
13-47 substance abuse program if:
13-48 (1) participation in the program is applicable to the
13-49 child's case; and
13-50 (2) funding is available for the program.
13-51 (f) In addition to the requirements of Subsections (d) and
13-52 (e), a deferred prosecution may involve participation by the child
13-53 in a community-based citizen intervention program approved by the
13-54 juvenile court.
13-55 (g) The court may adopt a fee schedule for deferred
13-56 prosecution <informal adjustment> services and rules for the waiver
13-57 of a fee for financial hardship in accordance with guidelines that
13-58 the Texas Juvenile Probation Commission shall provide. The maximum
13-59 fee is $15 a month. If the court adopts a schedule and rules for
13-60 waiver, the probation officer or other designated officer of the
13-61 court shall collect the fee authorized by the schedule from the
13-62 parent, guardian, or custodian of a child for whom a deferred
13-63 prosecution <an informal adjustment> is authorized under this
13-64 section or waive the fee in accordance with the rules adopted by
13-65 the court. The officer shall deposit the fees received under this
13-66 section in the county treasury to the credit of a special fund that
13-67 may be used only for juvenile probation or community-based juvenile
13-68 corrections services or facilities in which a juvenile may be
13-69 required to live while under court supervision. If the court does
13-70 not adopt a schedule and rules for waiver, a fee for deferred
14-1 prosecution <informal adjustment> services may not be imposed.
14-2 (h) A child is not eligible for deferred prosecution under
14-3 this section if the child has previously engaged in conduct that
14-4 violates a penal law of this state of the grade of felony.
14-5 (i) The probation officer or other person designated by the
14-6 court supervising deferred prosecution for a child under this
14-7 section shall report to the prosecuting authority and the juvenile
14-8 court any violation by the child of the deferred prosecution.
14-9 SECTION 26. Section 53.04(d), Family Code, is amended to
14-10 read as follows:
14-11 (d) The petition must state:
14-12 (1) with reasonable particularity the time, place, and
14-13 manner of the acts alleged and the penal law or standard of conduct
14-14 allegedly violated by the acts;
14-15 (2) the name, age, and residence address, if known, of
14-16 the child who is the subject of the petition;
14-17 (3) the names and residence addresses, if known, of
14-18 the parent, guardian, or custodian of the child and of the child's
14-19 spouse, if any; <and>
14-20 (4) if the child's parent, guardian, or custodian does
14-21 not reside or cannot be found in the state, or if their places of
14-22 residence are unknown, the name and residence address of any known
14-23 adult relative residing in the county or, if there is none, the
14-24 name and residence address of the known adult relative residing
14-25 nearest to the location of the court; and
14-26 (5) if the child is alleged to have engaged in
14-27 habitual felony conduct, the previous adjudications in which the
14-28 child engaged in conduct violating penal laws of the grade of
14-29 felony.
14-30 SECTION 27. The heading of Section 53.045, Family Code, is
14-31 amended to read as follows:
14-32 Sec. 53.045. VIOLENT OR HABITUAL OFFENDERS <REFERRAL TO
14-33 GRAND JURY>.
14-34 SECTION 28. Section 53.045(a), Family Code, is amended to
14-35 read as follows:
14-36 (a) The <Except as provided by Subsection (e) of this
14-37 section, the> prosecuting attorney may refer the petition to the
14-38 grand jury of the county in which the court in which the petition
14-39 is filed presides if the petition alleges that the child engaged in
14-40 delinquent conduct that constitutes habitual felony conduct as
14-41 described by Section 51.031 or that included the violation of any
14-42 of the following provisions <of the Penal Code>:
14-43 (1) Section 19.02, Penal Code (murder);
14-44 (2) Section 19.03, Penal Code (capital murder);
14-45 (3) Section 20.04, Penal Code (aggravated kidnapping);
14-46 (4) Section 22.011, Penal Code (sexual assault) or
14-47 Section 22.021, Penal Code (aggravated sexual assault);
14-48 (5) Section 22.02, Penal Code (aggravated assault)
14-49 <22.03 (deadly assault on a law-enforcement officer, corrections
14-50 officer, or court participant)>; <or>
14-51 (6) Section 29.03, Penal Code (aggravated robbery);
14-52 (7) Section 22.04, Penal Code (injury to a child,
14-53 elderly individual, or disabled individual), if the offense is
14-54 punishable as a felony, other than a state jail felony;
14-55 (8) Section 22.05(b), Penal Code (felony deadly
14-56 conduct involving discharging a firearm);
14-57 (9) Subchapter D, Chapter 481, Health and Safety Code,
14-58 if the conduct constitutes a felony of the first degree or an
14-59 aggravated controlled substance felony (certain offenses involving
14-60 controlled substances);
14-61 (10) Section 15.03, Penal Code (criminal
14-62 solicitation); or
14-63 (11) Section 15.01, Penal Code (criminal attempt) that
14-64 is punishable as a felony, other than a state jail felony, if the
14-65 offense attempted is <was> an offense listed under this subsection
14-66 <Section 19.03 (capital murder)>.
14-67 SECTION 29. Section 53.05(b), Family Code, is amended to
14-68 read as follows:
14-69 (b) The time set for the hearing shall not be later than 10
14-70 working days after the day the petition was filed if:
15-1 (1) the child is in detention; or
15-2 (2) the child will be taken into custody under Section
15-3 53.06(d) of this code.
15-4 SECTION 30. Chapter 53, Family Code, is amended by adding
15-5 Section 53.08 to read as follows:
15-6 Sec. 53.08. WRIT OF ATTACHMENT. (a) The juvenile court may
15-7 issue a writ of attachment for a person who violates an order
15-8 entered under Section 53.06(c).
15-9 (b) A writ of attachment issued under this section is
15-10 executed in the same manner as in a criminal proceeding as provided
15-11 by Chapter 24, Code of Criminal Procedure.
15-12 SECTION 31. Section 54.01, Family Code, is amended by
15-13 amending Subsections (h) and (l) and adding Subsection (n) to read
15-14 as follows:
15-15 (h) A detention order extends to the conclusion of the
15-16 disposition hearing, if there is one, but in no event for more than
15-17 10 working days. Further detention orders may be made following
15-18 subsequent detention hearings. The initial detention hearing may
15-19 not be waived but subsequent <Subsequent> detention hearings may be
15-20 waived in accordance with the requirements of Section 51.09 of this
15-21 code. Each subsequent<, but each> detention order shall extend for
15-22 no more than 10 working days.
15-23 (l) The juvenile board or, if there is none, the juvenile
15-24 court, may appoint a referee to conduct the detention hearing. The
15-25 referee shall be an attorney licensed to practice law in this
15-26 state. Such payment or additional payment as may be warranted for
15-27 referee services shall be provided from county funds. Before
15-28 commencing the detention hearing, the referee shall inform the
15-29 parties who have appeared that they are entitled to have the
15-30 hearing before the juvenile court judge or a substitute judge
15-31 authorized by Section 51.04(f) of this code. If a party objects to
15-32 the referee conducting the detention hearing, an authorized judge
15-33 shall conduct the hearing within 24 hours. At the conclusion of
15-34 the hearing, the referee shall transmit written findings and
15-35 recommendations to the juvenile court judge or substitute judge.
15-36 The juvenile court judge or substitute judge shall adopt, modify,
15-37 or reject the referee's recommendations not later than the next
15-38 working day after the day that the judge receives the
15-39 recommendations <within 24 hours>. Failure to act within that time
15-40 results in release of the child by operation of law. A
15-41 recommendation that the child be released operates to secure his
15-42 immediate release, subject to the power of the juvenile court judge
15-43 or substitute judge to reject or modify that recommendation. The
15-44 effect of an order detaining a child shall be computed from the
15-45 time of the hearing before the referee.
15-46 (n) An attorney appointed by the court under Section
15-47 51.10(c) because a determination was made under this section to
15-48 detain a child who was not represented by an attorney may request
15-49 on behalf of the child and is entitled to a de novo detention
15-50 hearing under this section.
15-51 SECTION 32. Chapter 54, Family Code, is amended by adding
15-52 Section 54.011 to read as follows:
15-53 Sec. 54.011. INTERACTIVE VIDEO RECORDING OF DETENTION
15-54 HEARING. (a) A detention hearing under Section 54.01, other than
15-55 the first detention hearing, may be held using interactive video
15-56 equipment if:
15-57 (1) the child and the child's attorney agree to the
15-58 video hearing; and
15-59 (2) the parties to the proceeding have the opportunity
15-60 to cross-examine witnesses.
15-61 (b) A detention hearing may not be held using video
15-62 equipment unless the video equipment for the hearing provides for a
15-63 two-way communication of image and sound between the child, the
15-64 court, and other parties at the hearing.
15-65 (c) A recording of the communications shall be made. The
15-66 recording shall be preserved until the earlier of:
15-67 (1) the 91st day after the date on which the recording
15-68 is made if the child is alleged to have engaged in conduct
15-69 constituting a misdemeanor;
15-70 (2) the 120th day after the date on which the
16-1 recording is made if the child is alleged to have engaged in
16-2 conduct constituting a felony; or
16-3 (3) the date on which the adjudication hearing ends.
16-4 (d) An attorney for the child may obtain a copy of the
16-5 recording on payment of the reasonable costs of producing the copy.
16-6 SECTION 33. Sections 54.02(a), (d), (f), (g), (h), (i), and
16-7 (j), Family Code, are amended to read as follows:
16-8 (a) The juvenile court may waive its exclusive original
16-9 jurisdiction and transfer a child to the appropriate district court
16-10 or criminal district court for criminal proceedings if:
16-11 (1) the child is alleged to have violated a penal law
16-12 of the grade of felony;
16-13 (2) the child was:
16-14 (A) 14 <15> years of age or older at the time he
16-15 is alleged to have committed the offense, if the offense is a
16-16 capital felony or a felony of the first degree, and no adjudication
16-17 hearing has been conducted concerning that offense; or
16-18 (B) 15 years of age or older at the time the
16-19 child is alleged to have committed the offense, if the offense is a
16-20 felony of the second or third degree or a state jail felony, and no
16-21 adjudication hearing has been conducted concerning that offense;
16-22 and
16-23 (3) after a full investigation, as prescribed by
16-24 Subsection (d), and a hearing, the juvenile court determines that
16-25 there is probable cause to believe that the child before the court
16-26 committed the offense alleged and that because of the seriousness
16-27 of the offense alleged or the background of the child the welfare
16-28 of the community requires criminal proceedings.
16-29 (d) Prior to the hearing, the juvenile court shall order and
16-30 obtain a complete diagnostic study, social evaluation, and full
16-31 investigation of the child's <child, his> circumstances<, and the
16-32 circumstances of the alleged offense>.
16-33 (f) In making the determination required by Subsection (a)
16-34 of this section, the court shall consider, among other matters:
16-35 (1) whether the alleged offense was against person or
16-36 property, with greater weight in favor of transfer given to
16-37 offenses against the person;
16-38 (2) <whether the alleged offense was committed in an
16-39 aggressive and premeditated manner;>
16-40 <(3) whether there is evidence on which a grand jury
16-41 may be expected to return an indictment;>
16-42 <(4)> the sophistication and maturity of the child;
16-43 (3) <(5)> the record and previous history of the
16-44 child; and
16-45 (4) <(6)> the prospects of adequate protection of the
16-46 public and the likelihood of the rehabilitation of the child by use
16-47 of procedures, services, and facilities currently available to the
16-48 juvenile court.
16-49 (g) If the petition alleges multiple offenses that
16-50 constitute more than one criminal transaction, the juvenile court
16-51 shall either retain or transfer all offenses relating to a single
16-52 transaction. A <juvenile court retains jurisdiction, the> child
16-53 is not subject to criminal prosecution at any time for any offense
16-54 arising out of a criminal transaction for which the juvenile court
16-55 retains jurisdiction <alleged in the petition or for any offense
16-56 within the knowledge of the juvenile court judge as evidenced by
16-57 anything in the record of the proceedings>.
16-58 (h) If the juvenile court waives jurisdiction, it shall
16-59 state specifically in the order its reasons for waiver and certify
16-60 its action, including the written order and findings of the court,
16-61 and shall transfer the person <child> to the appropriate court for
16-62 criminal proceedings. On transfer of the person <child> for
16-63 criminal proceedings, the person <he> shall be dealt with as an
16-64 adult and in accordance with the Code of Criminal Procedure. The
16-65 transfer of custody is an arrest. <The court to which the child is
16-66 transferred shall determine if good cause exists for an examining
16-67 trial. If there is no good cause for an examining trial, the court
16-68 shall refer the case to the grand jury. If there is good cause for
16-69 an examining trial, the court shall conduct an examining trial and
16-70 may remand the child to the jurisdiction of the juvenile court.>
17-1 (i) A waiver under this section is a waiver of jurisdiction
17-2 over the child and the criminal court may not remand the child to
17-3 the jurisdiction of the juvenile court unless the juvenile court
17-4 resumes jurisdiction under Section 51.036(b). <If the child's case
17-5 is brought to the attention of the grand jury and the grand jury
17-6 does not indict for the offense charged in the complaint forwarded
17-7 by the juvenile court, the district court or criminal district
17-8 court shall certify the grand jury's failure to indict to the
17-9 juvenile court. On receipt of the certification, the juvenile
17-10 court may resume jurisdiction of the case.>
17-11 (j) The juvenile court may waive its exclusive original
17-12 jurisdiction and transfer a person to the appropriate district
17-13 court or criminal district court for criminal proceedings if:
17-14 (1) the person is 18 years of age or older;
17-15 (2) the person was:
17-16 (A) 14 <15> years of age or older and under 17
17-17 years of age at the time he is alleged to have committed a capital
17-18 felony or a felony of the first degree; or
17-19 (B) 15 years of age or older and under 17 years
17-20 of age at the time the person is alleged to have committed a felony
17-21 of the second or third degree or a state jail felony;
17-22 (3) no adjudication concerning the alleged offense has
17-23 been made or no adjudication hearing concerning the offense has
17-24 been conducted;
17-25 (4) the juvenile court finds from a preponderance of
17-26 the evidence that:
17-27 (A) for a reason beyond the control of the state
17-28 it was not practicable to proceed in juvenile court before the 18th
17-29 birthday of the person; or
17-30 (B) after due diligence of the state it was not
17-31 practicable to proceed in juvenile court before the 18th birthday
17-32 of the person because:
17-33 (i) <(A)> the state did not have probable
17-34 cause to proceed in juvenile court and new evidence has been found
17-35 since the 18th birthday of the person; <or>
17-36 (ii) <(B)> the person could not be found;
17-37 or
17-38 (iii) a previous transfer order was
17-39 reversed by an appellate court or set aside by a district court;
17-40 and
17-41 (5) the juvenile court determines that there is
17-42 probable cause to believe that the child before the court committed
17-43 the offense alleged.
17-44 SECTION 34. Section 54.021, Family Code, is amended to read
17-45 as follows:
17-46 Sec. 54.021. JUSTICE OR MUNICIPAL COURT: TRUANCY. (a) The
17-47 juvenile court may waive its exclusive original jurisdiction and
17-48 transfer a child to an appropriate justice or municipal court, with
17-49 the permission of the justice or municipal court, for disposition
17-50 in the manner provided by Subsection (b) of this section if the
17-51 child is alleged to have engaged in conduct described in Section
17-52 51.03(b)(2) of this code. A waiver of jurisdiction under this
17-53 subsection may be for an individual case or for all cases in which
17-54 a child is alleged to have engaged in conduct described in Section
17-55 51.03(b)(2) of this code. The waiver of a juvenile court's
17-56 exclusive original jurisdiction for all cases in which a child is
17-57 alleged to have engaged in conduct described in Section 51.03(b)(2)
17-58 of this code is effective for a period of one year.
17-59 (b) A justice or municipal court may exercise jurisdiction
17-60 over a person <child> alleged to have engaged in conduct indicating
17-61 a need for supervision by engaging in conduct described in Section
17-62 51.03(b)(2) in a case where the juvenile court has waived its
17-63 original jurisdiction under this section. A justice or municipal
17-64 court may exercise jurisdiction under this section without regard
17-65 to whether the justice of the peace or municipal judge for the
17-66 court is a licensed attorney or the hearing for a case is before a
17-67 jury consisting of six persons.
17-68 (c) On a finding that a person <child> has engaged in
17-69 conduct described by Section 51.03(b)(2), the justice or municipal
17-70 court shall enter an order appropriate to the nature of the
18-1 conduct.
18-2 (d) On a finding by the justice or municipal court that the
18-3 person <child> has engaged in truant conduct and that the conduct
18-4 is of a recurrent nature, the court may enter an order that
18-5 includes one or more of the following provisions requiring that:
18-6 (1) the person <child> attend a preparatory class for
18-7 the high school equivalency examination provided under Section
18-8 11.35, Education Code, if the court determines that the person
18-9 <child> is too old to do well in a formal classroom environment;
18-10 (2) the person <child> attend a special program that
18-11 the court determines to be in the best interests of the person
18-12 <child>, including an alcohol and drug abuse program;
18-13 (3) the person, <child and> the person's <child's>
18-14 parents, managing conservator, or guardian, or both the person and
18-15 the person's parents, managing conservator, or guardian attend a
18-16 class for students at risk of dropping out of school designed for
18-17 both the person <child> and the person's <child's> parents,
18-18 managing conservator, or guardian;
18-19 (4) the person <child> complete reasonable community
18-20 service requirements;
18-21 (5) the person's <child's> driver's license be
18-22 suspended in the manner provided by Section 54.042 of this code;
18-23 (6) the person <child> attend school without unexcused
18-24 absences; or
18-25 (7) the person <child> participate in a tutorial
18-26 program provided by the school attended by the person or another
18-27 organization <child> in the academic subjects in which the person
18-28 <child> is enrolled for a total number of hours ordered by the
18-29 court.
18-30 (e) An order under Subsection (d)(3) that requires the
18-31 parent, managing conservator, or guardian of a person to attend a
18-32 class for students at risk of dropping out of school <(d) of this
18-33 section> is enforceable in the justice court by contempt.
18-34 (f) A school attendance officer may refer a person <child>
18-35 alleged to have engaged in conduct described in Section 51.03(b)(2)
18-36 of this code to the justice court in the precinct where the person
18-37 <child> resides or in the precinct where the person's <child's>
18-38 school is located if the juvenile court having exclusive original
18-39 jurisdiction has waived its jurisdiction as provided by Subsection
18-40 (a) of this section for all cases involving conduct described by
18-41 Section 51.03(b)(2) of this code.
18-42 (g) A court having jurisdiction under this section shall
18-43 endorse on the summons issued to the parent, guardian, or custodian
18-44 of the person <child> who is the subject of the hearing an order
18-45 directing the parent, guardian, or custodian to appear personally
18-46 at the hearing and directing the person having custody of the
18-47 person <child> to bring the person <child> to the hearing.
18-48 (h) A person commits an offense if the person is a parent,
18-49 guardian, or custodian who fails to attend a hearing under this
18-50 section after receiving notice under Subsection (g) of this section
18-51 that the person's attendance was required. An offense under this
18-52 subsection is a Class C misdemeanor.
18-53 SECTION 35. Chapter 54, Family Code, is amended by adding
18-54 Section 54.022 to read as follows:
18-55 Sec. 54.022. JUSTICE OR MUNICIPAL COURT: CERTAIN
18-56 MISDEMEANORS. (a) On a finding by a justice or municipal court
18-57 that a child committed a misdemeanor offense punishable by fine
18-58 only other than a traffic offense or public intoxication or
18-59 committed a violation of a penal ordinance of a political
18-60 subdivision other than a traffic offense, the court has
18-61 jurisdiction to enter an order:
18-62 (1) referring the child or the child's parents,
18-63 managing conservators, or guardians for services under Section
18-64 264.302; or
18-65 (2) requiring that the child attend a special program
18-66 that the court determines to be in the best interest of the child
18-67 and that is approved by the county commissioners court, including a
18-68 rehabilitation, counseling, self-esteem and leadership, work and
18-69 job skills training, job interviewing and work preparation,
18-70 self-improvement, parenting, manners, violence avoidance, tutoring,
19-1 sensitivity training, parental responsibility, community service,
19-2 restitution, advocacy, or mentoring program.
19-3 (b) On a finding by a justice or municipal court that a
19-4 child committed an offense described by Subsection (a) and that the
19-5 child has previously been convicted of an offense described by
19-6 Subsection (a), the court has the jurisdiction to enter an order
19-7 that includes one or more of the following provisions, in addition
19-8 to the provisions under Subsection (a), requiring that:
19-9 (1) the child attend a special program that the court
19-10 determines to be in the best interest of the child and that is
19-11 approved by the county commissioners court;
19-12 (2) the child's parents, managing conservator, or
19-13 guardian attend a parenting class or parental responsibility
19-14 program if the court finds the parent, managing conservator, or
19-15 guardian, by wilful act or omission, contributed to, caused, or
19-16 encouraged the child's conduct; or
19-17 (3) the child and the child's parents, managing
19-18 conservator, or guardian attend the child's school classes or
19-19 functions if the court finds the parent, managing conservator, or
19-20 guardian, by wilful act or omission, contributed to, caused, or
19-21 encouraged the child's conduct.
19-22 (c) The justice or municipal court may order the parents,
19-23 managing conservator, or guardian of a child required to attend a
19-24 program under Subsection (a) or (b) to pay an amount not greater
19-25 than $100 to pay for the costs of the program.
19-26 (d) A justice or municipal court may require a child,
19-27 parent, managing conservator, or guardian required to attend a
19-28 program, class, or function under this section to submit proof of
19-29 attendance to the court.
19-30 (e) A justice or municipal court shall endorse on the
19-31 summons issued to a parent, managing conservator, or a guardian to
19-32 appear personally at the hearing with the child.
19-33 (f) An order under this section involving a child is
19-34 enforceable under Section 51.03(a)(3) by referral to the juvenile
19-35 court.
19-36 (g) Any other order under this section is enforceable by the
19-37 justice or municipal court by contempt.
19-38 SECTION 36. Sections 54.03(b) and (d), Family Code, are
19-39 amended to read as follows:
19-40 (b) At the beginning of the adjudication hearing, the
19-41 juvenile court judge shall provide a written or oral explanation
19-42 <explain> to the child and his parent, guardian, or guardian ad
19-43 litem of:
19-44 (1) the allegations made against the child;
19-45 (2) the nature and possible consequences of the
19-46 proceedings, including the law relating to the admissibility of the
19-47 record of a juvenile court adjudication in a criminal proceeding;
19-48 (3) the child's privilege against self-incrimination;
19-49 (4) the child's right to trial and to confrontation of
19-50 witnesses;
19-51 (5) the child's right to representation by an attorney
19-52 if he is not already represented; and
19-53 (6) the child's right to trial by jury.
19-54 (d) Except as provided by Section 54.031 of this chapter,
19-55 only material, relevant, and competent evidence in accordance with
19-56 the Texas Rules of Criminal Evidence and Chapter 38, Code of
19-57 Criminal Procedure, <requirements for the trial of civil cases> may
19-58 be considered in the adjudication hearing. Except in a detention
19-59 or discretionary transfer hearing, a social history report or
19-60 social service file shall not be viewed by the court before the
19-61 adjudication decision and shall not be viewed by the jury at any
19-62 time.
19-63 SECTION 37. Section 54.04, Family Code, is amended by
19-64 amending Subsections (a), (d), (e), (g), (h), and (k) and adding
19-65 Subsection (m) to read as follows:
19-66 (a) The disposition hearing shall be separate, distinct, and
19-67 subsequent to the adjudication hearing. There is no right to a
19-68 jury at the disposition hearing unless the child is in jeopardy of
19-69 a determinate sentence under Subsection (d)(3) or (m) of this
19-70 section, in which case, the child is entitled to a jury of 12
20-1 persons to determine the sentence.
20-2 (d) If the court or jury makes the finding specified in
20-3 Subsection (c) of this section allowing the court to make a
20-4 disposition in the case:
20-5 (1) the court or jury may, in addition to any order
20-6 required or authorized under Section 54.041 or 54.042 of this code,
20-7 place the child on probation on such reasonable and lawful terms as
20-8 the court may determine:
20-9 (A) in his own home or in the custody of a
20-10 relative or other fit person; <or>
20-11 (B) subject to the finding under Subsection (c)
20-12 of this section on the placement of the child outside the child's
20-13 home, in:
20-14 (i) a suitable foster home; or
20-15 (ii) a suitable public or private
20-16 institution or agency, except the Texas Youth Commission; or
20-17 (C) after an adjudication that the child engaged
20-18 in delinquent conduct and subject to the finding under Subsection
20-19 (c) on the placement of the child outside the child's home, in an
20-20 intermediate sanction facility operated under Chapter 61, Human
20-21 Resources Code;
20-22 (2) if the court or jury found at the conclusion of
20-23 the adjudication hearing that the child engaged in delinquent
20-24 conduct and if the petition was not approved by the grand jury
20-25 under Section 53.045 of this code, the court may:
20-26 (A) commit the child to a youth boot camp
20-27 program created under Section 61.101, Human Resources Code, for a
20-28 period not to exceed one year; or
20-29 (B) commit the child to the Texas Youth
20-30 Commission without a determinate sentence; <or>
20-31 (3) if the court or jury found at the conclusion of
20-32 the adjudication hearing that the child engaged in delinquent
20-33 conduct that included a violation of a penal law listed in Section
20-34 53.045(a) of this code and if the petition was approved by the
20-35 grand jury under Section 53.045 of this code, the court or jury may
20-36 sentence the child to commitment in the Texas Youth Commission with
20-37 a possible transfer to the institutional division or the pardons
20-38 and paroles division of the Texas Department of Criminal Justice.
20-39 Any child committed to the Texas Youth Commission shall first be
20-40 committed to a youth boot camp established under Section 61.101,
20-41 Human Resource Code, for a period not to exceed eight weeks, unless
20-42 the commission determines that the services and the level of
20-43 security at the facility are inappropriate for the child. If the
20-44 child is transferred to the institutional division or the pardons
20-45 and paroles division of the Texas Department of Criminal Justice,
20-46 the child may be committed for a <any> term of not less than two
20-47 years or more than:
20-48 (A) 40 years, if the conduct constitutes a
20-49 capital felony or a felony of the first degree;
20-50 (B) 20 years, if the conduct constitutes a
20-51 felony of the second degree; or
20-52 (C) 10 years, if the conduct constitutes a
20-53 felony of the third degree; or
20-54 (4) if applicable, the court or jury may make a
20-55 disposition under Subsection (m) of this section <years not to
20-56 exceed 40 years>.
20-57 (e) The Texas Youth Commission shall accept a person <child>
20-58 properly committed to it by a juvenile court even though the person
20-59 <child> may be 17 years of age or older at the time of commitment.
20-60 (g) If the court orders a disposition under Subsection
20-61 (d)(3) or (m) of this section and there is an affirmative finding
20-62 that the defendant used or exhibited a deadly weapon during the
20-63 commission of the conduct or during immediate flight from
20-64 commission of the conduct, the court shall enter the finding in the
20-65 order. If there is an affirmative finding that the deadly weapon
20-66 was a firearm, the court shall enter that finding in the order.
20-67 (h) At the conclusion of the dispositional hearing, the
20-68 court shall inform the child of:
20-69 (1) the child's <his> right to appeal, as required by
20-70 Section 56.01 of this code; and
21-1 (2) the procedures for the sealing of the child's
21-2 records under Section 58.005 of this code.
21-3 (k) Except as provided by Subsection (m), the <The> period
21-4 to which a court or jury may sentence a person <child> to
21-5 commitment to the Texas Youth Commission with a transfer to the
21-6 Texas Department of Criminal Justice under Subsection (d)(3) of
21-7 this section applies without regard to whether the person <child>
21-8 has previously been adjudicated as having engaged in delinquent
21-9 conduct.
21-10 (m) The court or jury may sentence a child adjudicated for
21-11 habitual felony conduct as described by Section 51.031 to a term
21-12 prescribed by Subsection (d)(3) and applicable to the conduct
21-13 adjudicated in the pending case if:
21-14 (1) a petition was filed and approved by a grand jury
21-15 under Section 53.045 alleging that the child engaged in habitual
21-16 felony conduct; and
21-17 (2) the court or jury finds beyond a reasonable doubt
21-18 that the allegation described by Subdivision (1) in the grand jury
21-19 petition is true.
21-20 SECTION 38. Section 54.041, Family Code, is amended by
21-21 amending Subsections (b)-(e) and adding Subsections (f) and (g) to
21-22 read as follows:
21-23 (b) If a child is found to have engaged in delinquent
21-24 conduct or conduct indicating a need for supervision arising from
21-25 the commission of an offense in which property damage or loss or
21-26 personal injury occurred, the juvenile court, on notice to all
21-27 persons affected and on hearing, may order the child or a parent,
21-28 conservator, guardian, or other custodian of the child to make full
21-29 or partial restitution to the victim of the offense. The program
21-30 of restitution must promote the rehabilitation of the child, be
21-31 appropriate to the age and physical, emotional, and mental
21-32 abilities of the child, and not conflict with the child's
21-33 schooling. When practicable and subject to court supervision, the
21-34 court may approve a restitution program based on a settlement
21-35 between the child and the victim of the offense. An order under
21-36 this subsection may provide for periodic payments by the child or a
21-37 parent of the child for the period specified in the order but that
21-38 period may not extend past the 19th <18th> birthday of the child.
21-39 <If the child or parent is unable to make full or partial
21-40 restitution or if a restitution order is not appropriate under the
21-41 circumstances, the court may order the child to render personal
21-42 services to a charitable or educational institution in the manner
21-43 prescribed in the court order in lieu of restitution.>
21-44 (c) Restitution under this section is cumulative of any
21-45 other remedy allowed by law and may be used in addition to other
21-46 remedies; except that a victim of an offense is not entitled to
21-47 receive more than actual damages under a juvenile court order. <A
21-48 city, town, or county that establishes a program to assist children
21-49 in rendering personal services to a charitable or educational
21-50 institution as authorized by this subsection may purchase insurance
21-51 policies protecting the city, town, or county against claims
21-52 brought by a person other than the child for a cause of action that
21-53 arises from an act of the child while rendering those services.
21-54 The city, town, or county is not liable under this Act to the
21-55 extent that damages are recoverable under a contract of insurance
21-56 or under a plan of self-insurance authorized by statute. The
21-57 liability of the city, town, or county for a cause of action that
21-58 arises from an action of the child while rendering those services
21-59 may not exceed $100,000 to a single person and $300,000 for a
21-60 single occurrence in the case of personal injury or death, and
21-61 $10,000 for a single occurrence of property damage. Liability may
21-62 not extend to punitive or exemplary damages. This subsection does
21-63 not waive a defense, immunity, or jurisdictional bar available to
21-64 the city, town, or county or its officers or employees, nor shall
21-65 this Act be construed to waive, repeal, or modify any provision of
21-66 the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
21-67 Texas Civil Statutes).>
21-68 (d) <(c)> A person subject to an order proposed under
21-69 Subsection (a) of this section is entitled to a hearing on the
21-70 order before the order is entered by the court.
22-1 (e) <(d)> An order made under this section may be enforced
22-2 as provided by Section 54.07 of this code.
22-3 (f) <(e)> If a child is found to have engaged in conduct
22-4 indicating a need for supervision described under Section
22-5 51.03(b)(2) of this code, the court may order the child's parents
22-6 or guardians to attend a class provided under Section 21.035(h),
22-7 Education Code, if the school district in which the child's parents
22-8 or guardians reside offers a class under that section.
22-9 (g) A juvenile court may, as provided by this section, order
22-10 a person for whom a finding has been made under Subsection (a)(1)
22-11 that the person by wilful act or omission contributed to, caused,
22-12 or encouraged the child's delinquent conduct or conduct indicating
22-13 a need for supervision to pay to the juvenile court as costs an
22-14 amount the court determines reasonably represents the cost of:
22-15 (1) all proceedings for the child through the court
22-16 system, including the remuneration of and expenses of law
22-17 enforcement personnel or court personnel and processing costs;
22-18 (2) the detention of the child; and
22-19 (3) the provision of treatment for the child.
22-20 SECTION 39. Sections 54.042(b), (d), and (e), Family Code,
22-21 are amended to read as follows:
22-22 (b) The order under Subsection (a)(1) of this section shall
22-23 specify a period of suspension or denial that is<:>
22-24 <(1)> until the child reaches the age of 19 <17> or
22-25 for a period of 365 days, whichever is longer<; or>
22-26 <(2) if the court finds that the child has engaged in
22-27 conduct violating the laws of this state prohibiting driving while
22-28 intoxicated, by reason of the introduction of alcohol into the
22-29 body, under Article 6701l-1, Revised Statutes, and also determines
22-30 that the child has previously been found to have engaged in conduct
22-31 violating the same laws, until the child reaches the age of 19 or
22-32 for a period of 365 days, whichever is longer>.
22-33 (d) A juvenile court, in a disposition hearing under Section
22-34 54.04 of this code, may order the Department of Public Safety to
22-35 suspend a child's driver's license or permit or, if the child does
22-36 not have a license or permit, to deny the issuance of a license or
22-37 permit to the child for a period not to exceed 12 <six> months if
22-38 the court finds that the child has engaged in conduct in need of
22-39 supervision or delinquent conduct other than the conduct described
22-40 by Subsection (a) of this section.
22-41 (e) A juvenile court that places a child on probation under
22-42 Section 54.04 of this code may require as a reasonable condition of
22-43 the probation that if the child violates the probation, the court
22-44 may order the Department of Public Safety to suspend the child's
22-45 driver's license or permit or, if the child does not have a license
22-46 or permit, to deny the issuance of a license or permit to the child
22-47 for a period not to exceed 12 <six> months. The court may make
22-48 this order if a child that is on probation under this condition
22-49 violates the probation. A suspension under this subsection is
22-50 cumulative of any other suspension under this section.
22-51 SECTION 40. Chapter 54, Family Code, is amended by adding
22-52 Sections 54.044 and 54.045 to read as follows:
22-53 Sec. 54.044. COMMUNITY SERVICE. (a) If the court places a
22-54 child on probation under Section 54.04(d), the court shall require
22-55 as a condition of probation that the child work a specified number
22-56 of hours at a community service project approved by the court and
22-57 designated by the juvenile board as provided by Subsection (e),
22-58 unless the court determines and enters a finding on the order
22-59 placing the child on probation that:
22-60 (1) the child is physically or mentally incapable of
22-61 participating in the project;
22-62 (2) participating in the project will be a hardship on
22-63 the child or the family of the child; or
22-64 (3) the child has shown good cause that community
22-65 service should not be required.
22-66 (b) The court may also order under this section that the
22-67 child's parent perform community service with the child.
22-68 (c) The court shall order that the child and the child's
22-69 parent perform a total of not more than 500 hours of community
22-70 service under this section.
23-1 (d) A municipality or county that establishes a program to
23-2 assist children and their parents in rendering community service
23-3 under this section may purchase insurance policies protecting the
23-4 municipality or county against claims brought by a person other
23-5 than the child or the child's parent for a cause of action that
23-6 arises from an act of the child or parent while rendering community
23-7 service. The municipality or county is not liable under this
23-8 section to the extent that damages are recoverable under a contract
23-9 of insurance or under a plan of self-insurance authorized by
23-10 statute. The liability of the municipality or county for a cause
23-11 of action that arises from an action of the child or the child's
23-12 parent while rendering community service may not exceed $100,000 to
23-13 a single person and $300,000 for a single occurrence in the case of
23-14 personal injury or death, and $10,000 for a single occurrence of
23-15 property damage. Liability may not extend to punitive or exemplary
23-16 damages. This subsection does not waive a defense, immunity, or
23-17 jurisdictional bar available to the municipality or county or its
23-18 officers or employees, nor shall this section be construed to
23-19 waive, repeal, or modify any provision of Chapter 101, Civil
23-20 Practice and Remedies Code.
23-21 (e) For the purposes of this section, a court may submit to
23-22 the juvenile probation department a list of organizations or
23-23 projects approved by the court for community service. The juvenile
23-24 probation department may:
23-25 (1) designate an organization or project for community
23-26 service only from the list submitted by the court; and
23-27 (2) reassign or transfer a child to a different
23-28 organization or project on the list submitted by the court under
23-29 this subsection without court approval.
23-30 (f) A person subject to an order proposed under Subsection
23-31 (a) or (b) is entitled to a hearing on the order before the order
23-32 is entered by the court.
23-33 (g) An order made under this section may be enforced as
23-34 provided by Section 54.07.
23-35 Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT. (a)
23-36 During a disposition hearing under Section 54.04, a child may:
23-37 (1) admit having engaged in delinquent conduct or
23-38 conduct indicating a need for supervision for which the child has
23-39 not been adjudicated; and
23-40 (2) request the court to take the admitted conduct
23-41 into account in the disposition of the child.
23-42 (b) If the prosecuting attorney agrees in writing, the court
23-43 may take the admitted conduct into account in the disposition of
23-44 the child.
23-45 (c) A court may take into account admitted conduct over
23-46 which exclusive venue lies in another county only if the court
23-47 obtains the written permission of the prosecuting attorney for that
23-48 county.
23-49 (d) A child may not be adjudicated by any court for having
23-50 engaged in conduct taken into account under this section, except
23-51 that, if the conduct taken into account included conduct over which
23-52 exclusive venue lies in another county and the written permission
23-53 of the prosecuting attorney of that county was not obtained, the
23-54 child may be adjudicated for that conduct, but the child's
23-55 admission under this section may not be used against the child in
23-56 the adjudication.
23-57 SECTION 41. Sections 54.05(f) and (h), Family Code, are
23-58 amended to read as follows:
23-59 (f) A disposition based on a finding that the child engaged
23-60 in delinquent conduct may be modified so as to commit the child to
23-61 a youth boot camp program created under Section 141.0012, Human
23-62 Resources Code, for a period not to exceed eight weeks, or the
23-63 Texas Youth Commission if the court after a hearing to modify
23-64 disposition finds by a preponderance of the evidence <beyond a
23-65 reasonable doubt> that the child violated a reasonable and lawful
23-66 order of the court. A disposition based on a finding that the
23-67 child engaged in habitual felony conduct as described by Section
23-68 51.031 of this code or in <a> delinquent conduct that included a
23-69 violation of a penal law listed in Section 53.045(a) of this code
23-70 may be modified to commit the child to a youth boot camp program
24-1 created under Section 141.0012, Human Resources Code, for a period
24-2 not to exceed eight weeks, and the Texas Youth Commission with a
24-3 possible transfer to the institutional division or the pardons and
24-4 paroles division of the Texas Department of Criminal Justice for a
24-5 definite term prescribed by Section 54.04(d)(3) of this code <not
24-6 to exceed 40 years> if the original petition was approved by the
24-7 grand jury under Section 53.045 of this code and if after a hearing
24-8 to modify the disposition the court or jury finds that the child
24-9 violated a reasonable and lawful order of the court.
24-10 (h) A hearing shall be held prior to commitment to a youth
24-11 boot camp or the Texas Youth Commission as a modified disposition.
24-12 In other disposition modifications, the child and his parent,
24-13 guardian, guardian ad litem, or attorney may waive hearing in
24-14 accordance with Section 51.09 of this code. A child in jeopardy of
24-15 a sentence for a determinate term is entitled to a jury of 12
24-16 persons on the issues of the violation of the court's orders and
24-17 the sentence.
24-18 SECTION 42. Chapter 54, Family Code, is amended by adding
24-19 Section 54.055 to read as follows:
24-20 Sec. 54.055. CLERK TO SUBMIT DISPOSITION INFORMATION. Not
24-21 later than the 60th day after the date an order is entered in the
24-22 disposition of a case under Section 54.04 or 54.05, the clerk of
24-23 the court that issued the order shall transmit to the Department of
24-24 Public Safety information relating to the disposition of the case.
24-25 The clerk shall include:
24-26 (1) the name of the child;
24-27 (2) the names of the child's parents or guardian;
24-28 (3) a description of the conduct for which the child
24-29 was adjudicated; and
24-30 (4) the disposition made in the case.
24-31 SECTION 43. Section 54.06, Family Code, as amended by
24-32 Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
24-33 Session, 1993, is amended by amending Subsection (c) and adding
24-34 Subsections (d)-(f) to read as follows:
24-35 (c) A court may enforce an order for support under this
24-36 section by ordering garnishment of the wages of the person ordered
24-37 to pay support or by any other means available to enforce a child
24-38 support order under Title 2.
24-39 (d) An order <(c) Orders> for support may be enforced as
24-40 provided in Section 54.07 of this code.
24-41 (e) The court shall apply the child support guidelines under
24-42 Section 14.055 in an order requiring the payment of child support
24-43 under this section. The court shall also require in an order to
24-44 pay child support under this section that health insurance be
24-45 provided for the child. Section 14.061 applies to an order
24-46 requiring health insurance for a child under this section.
24-47 (f) An order under this section prevails over any previous
24-48 child support order issued with regard to the child to the extent
24-49 of any conflict between the orders.
24-50 SECTION 44. Section 54.08, Family Code, is amended to read
24-51 as follows:
24-52 Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
24-53 provided by Subsection (b), the court shall open <Except for any
24-54 hearing on a petition that has been approved by the grand jury
24-55 under Section 53.045 of this code and in which the child is subject
24-56 to a determinate sentence, the general public may be excluded from>
24-57 hearings under this title to the public unless the court, for good
24-58 cause shown, determines that the public should be excluded.
24-59 (b) The court may not prohibit a person who is a victim of
24-60 the conduct of a child from personally attending a hearing under
24-61 this title relating to the conduct by the child unless the victim
24-62 is to testify in the hearing or any subsequent hearing relating to
24-63 the conduct and the court determines that the victim's testimony
24-64 would be materially affected if the victim hears other testimony at
24-65 trial <in its discretion may admit such members of the general
24-66 public as it deems proper>.
24-67 SECTION 45. Section 54.11, Family Code, is amended to read
24-68 as follows:
24-69 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
24-70 a referral <notice required> under Section 61.0785, 61.0786, or
25-1 61.079(a), Human Resources Code, for <of> the transfer to the
25-2 institutional division or the pardons and paroles division of the
25-3 Texas Department of Criminal Justice <Corrections> of a person
25-4 committed to the Texas Youth Commission under a determinate
25-5 sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), <or on
25-6 receipt of a request by the commission under Section 61.081(f),
25-7 Human Resources Code, for approval of the release under
25-8 supervision of a person committed to the commission under a
25-9 determinate sentence,> the court shall set a time and place for a
25-10 hearing on the release of the person.
25-11 (b) The court shall notify the following of the time and
25-12 place of the hearing:
25-13 (1) the person to be transferred or released under
25-14 supervision;
25-15 (2) the parents of the person;
25-16 (3) any legal custodian of the person, including the
25-17 Texas Youth Commission;
25-18 (4) the office of the prosecuting attorney that
25-19 represented the state in the juvenile delinquency proceedings;
25-20 (5) the victim of the offense that was included in the
25-21 delinquent conduct that was a ground for the disposition, or a
25-22 member of the victim's family; and
25-23 (6) any other person who has filed a written request
25-24 with the court to be notified of a release hearing with respect to
25-25 the person to be transferred or released under supervision.
25-26 (c) Except for the person to be transferred or released
25-27 under supervision and the prosecuting attorney, the failure to
25-28 notify a person listed in Subsection (b) of this section does not
25-29 affect the validity of a <release> hearing conducted or <a release>
25-30 determination made under this section if the record in the case
25-31 reflects that the whereabouts of the persons who did not receive
25-32 notice were unknown to the court and a reasonable effort was made
25-33 by the court to locate those persons.
25-34 (d) At a <release> hearing under this section the court may
25-35 consider written reports from probation officers, professional
25-36 court employees, or professional consultants, in addition to the
25-37 testimony of witnesses. At least one day before the <release>
25-38 hearing, the court shall provide the attorney for the person to be
25-39 transferred or released under supervision with access to all
25-40 written matter to be considered by the court.
25-41 (e) At the <any release> hearing, the person to be
25-42 transferred or released under supervision is entitled to an
25-43 attorney, to examine all witnesses against him, to present evidence
25-44 and oral argument, and to previous examination of all reports on
25-45 and evaluations and examinations of or relating to him that may be
25-46 used in the hearing.
25-47 (f) A <release> hearing under this section is open to the
25-48 public unless the person to be transferred or released under
25-49 supervision waives a public hearing with the consent of his
25-50 attorney and the court.
25-51 (g) A <release> hearing under this section must be recorded
25-52 by a court reporter or by audio or video tape recording, and the
25-53 record of the hearing must be retained by the court for at least
25-54 two years after the date of the final determination on the transfer
25-55 or release of the person by the court.
25-56 (h) The <release> hearing on a person who is referred for
25-57 <the subject of a notice of> transfer under Section 61.0785,
25-58 61.0786, or 61.079(a), Human Resources Code, shall <must> be held
25-59 not later than the 60th day after the date the court receives the
25-60 referral <before 30 days before the person's 18th birthday>.
25-61 (i) On conclusion of the <release> hearing on a person who
25-62 is referred for <the subject of a notice of> transfer under Section
25-63 61.079(a), Human Resources Code, the court may order:
25-64 (1) <the recommitment of the person to the Texas Youth
25-65 Commission without a determinate sentence;>
25-66 <(2)> the transfer of the person to the custody of the
25-67 institutional division of the Texas Department of Criminal Justice
25-68 for the completion of the person's <determinate> sentence; or
25-69 (2) <(3)> the transfer <final discharge> of the person
25-70 to the pardons and paroles division of the Texas Department of
26-1 Criminal Justice for release on parole under Article 42.18, Code of
26-2 Criminal Procedure.
26-3 (j) On conclusion of the hearing on a person who is referred
26-4 for transfer under Section 61.0785, Human Resources Code, the court
26-5 may order:
26-6 (1) the return of the person to the custody of the
26-7 Texas Youth Commission; or
26-8 (2) the transfer of the person to the custody of the
26-9 institutional division of the Texas Department of Criminal Justice
26-10 for completion of the person's sentence.
26-11 (k) On conclusion of the hearing on a person who is referred
26-12 for transfer under Section 61.0786, Human Resources Code, the court
26-13 may order:
26-14 (1) the return of the person to the custody of the
26-15 Texas Youth Commission, with or without an order for the child to
26-16 be returned to the juvenile court for further review under this
26-17 section on the first anniversary of the order; or
26-18 (2) the transfer of the person to the custody of the
26-19 pardons and paroles division of the Texas Department of Criminal
26-20 Justice for release on parole under Section 29, Article 42.18, Code
26-21 of Criminal Procedure.
26-22 (l) In making a determination under this section, the court
26-23 may consider the experiences and character of the person before and
26-24 after commitment to the youth commission, the nature of the penal
26-25 offense that the person was found to have committed and the manner
26-26 in which the offense was committed, the abilities of the person to
26-27 contribute to society, the protection of the victim of the offense
26-28 or any member of the victim's family, the recommendations of the
26-29 youth commission and prosecuting attorney, the best interests of
26-30 the person, and any other factor relevant to the issue to be
26-31 decided.
26-32 (m) On recommendation by the Texas Youth Commission, the
26-33 court may defer a transfer ordered under Subsection (i), (j), or
26-34 (k) to allow a person to continue participation in a treatment
26-35 program with the Texas Youth Commission. The deferral of the
26-36 hearing may not extend beyond the 19th birthday of the person.
26-37 SECTION 46. Chapter 54, Family Code, is amended by adding
26-38 Section 54.12 to read as follows:
26-39 Sec. 54.12. YOUTH BOOT CAMP PROGRAMS. A boot camp program
26-40 is an intermediate sanction facility and may be used for the
26-41 following purposes:
26-42 (1) as an intermediate sanction, for a period not to
26-43 exceed one year for a commitment under Section 54.04;
26-44 (2) as a penalty, for a period not to exceed eight
26-45 weeks, for violating the conditions of probation as determined
26-46 under Section 54.04(d)(1) or for violating the conditions of parole
26-47 as determined under Section 61.075, Human Resources Code; and
26-48 (3) as mandatory commitment, for a period not to
26-49 exceed eight weeks, before an offender who is committed to the
26-50 Texas Youth Commission under Section 54.04 enters the commission,
26-51 unless the commission determines that the services and the level of
26-52 security at the facility are inappropriate for the child.
26-53 SECTION 47. Chapter 55, Family Code, is amended to read as
26-54 follows:
26-55 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
26-56 OR MENTAL<,> RETARDATION<, DISEASE, OR DEFECT>
26-57 Sec. 55.01. Physical or Mental Examination. (a) At any
26-58 stage of the proceedings under this title, the juvenile court may
26-59 order a <cause the> child alleged by petition or found to have
26-60 engaged in delinquent conduct or conduct indicating a need for
26-61 supervision to be examined by appropriate experts, including a
26-62 physician, psychiatrist, or psychologist.
26-63 (b) If an examination ordered under Subsection (a) of this
26-64 section is to determine whether the child is mentally retarded, the
26-65 examination must consist of a determination of mental retardation
26-66 and an interdisciplinary team recommendation, as provided by
26-67 Chapter 593 <comprehensive diagnosis and evaluation as defined in
26-68 Subtitle D, Title 7>, Health and Safety Code, and shall be
26-69 conducted at a facility approved or operated by the Texas
26-70 Department of Mental Health and Mental Retardation or at a
27-1 community center established in accordance with Chapter 534, Health
27-2 and Safety Code.
27-3 Sec. 55.02. <MENTALLY ILL> CHILD WITH MENTAL ILLNESS. (a)
27-4 The <If it appears to the juvenile court, on suggestion of a party
27-5 or on the court's own notice, that a child alleged by petition or
27-6 found to have engaged in delinquent conduct or conduct indicating a
27-7 need for supervision may be mentally ill, the> court shall initiate
27-8 proceedings to order temporary or extended mental health services,
27-9 as provided in Chapter 574, Subchapter C, Health and Safety Code,
27-10 for a <hospitalization of the> child alleged or found to have
27-11 engaged in delinquent conduct or conduct indicating a need for
27-12 supervision, if:
27-13 (1) on motion by a party or the court it is alleged
27-14 that the child is mentally ill; or
27-15 (2) a child is found or alleged to be unfit to proceed
27-16 as a result of mental illness under Section 55.04 of this chapter
27-17 or is found not responsible for the child's conduct as a result of
27-18 mental illness under Section 55.05 of this chapter <for observation
27-19 and treatment>.
27-20 (b) Subtitle C, Title 7, Health and Safety Code, governs
27-21 proceedings for court-ordered mental health services <temporary
27-22 hospitalization> except that the juvenile court shall conduct the
27-23 proceedings whether or not the juvenile court is also a county
27-24 court.
27-25 (c) If the juvenile court orders mental health services for
27-26 <enters an order of temporary hospitalization of> the child, the
27-27 child shall be cared for, treated, and released in conformity to
27-28 Subtitle C, Title 7, Health and Safety Code, except:
27-29 (1) a juvenile court order for mental health services
27-30 <of temporary hospitalization> of a child automatically expires on
27-31 the 120th day after the date <when> the child becomes 18 years of
27-32 age; and
27-33 (2) the administrator <head> of a mental health
27-34 facility <hospital> shall notify, in writing, the juvenile court
27-35 that ordered mental health services of the intent to discharge the
27-36 child <temporary hospitalization> at least 10 days prior to
27-37 discharge <of the child; and>
27-38 <(3) appeal from juvenile court proceedings under this
27-39 section shall be to the court of civil appeals as in other
27-40 proceedings under this title>.
27-41 (d) If the juvenile court orders mental health services for
27-42 the <temporary hospitalization of a> child, the proceedings under
27-43 this title then pending in juvenile court shall be stayed.
27-44 (e) If the child is discharged from the mental health
27-45 facility <hospital> before reaching 18 years of age, the juvenile
27-46 court may:
27-47 (1) dismiss the juvenile court proceedings with
27-48 prejudice; or
27-49 (2) continue with proceedings under this title as
27-50 though no order of mental health services <temporary
27-51 hospitalization> had been made.
27-52 (f) If the child for whom the court has ordered mental
27-53 health services under this section is not discharged or furloughed
27-54 from the residential care facility before reaching 18 years of age,
27-55 the juvenile court shall transfer all pending proceedings from the
27-56 juvenile court to a criminal court upon the child's 18th birthday.
27-57 The juvenile court shall send notification of the transfer to the
27-58 residential care facility. The criminal court shall, within 90
27-59 days of the transfer, institute proceedings under Article 46.02,
27-60 Code of Criminal Procedure.
27-61 Sec. 55.03. <MENTALLY RETARDED> CHILD WITH MENTAL
27-62 RETARDATION. (a) If <it appears to the juvenile court, on the
27-63 suggestion of a party or on the court's own notice, that> a child
27-64 is <alleged or> found or alleged to be unfit to proceed as a result
27-65 of mental retardation under Section 55.04 of this chapter or is
27-66 found not responsible for the child's conduct as a result of mental
27-67 retardation under Section 55.05 of this chapter <have engaged in
27-68 delinquent conduct or conduct indicating a need for supervision may
27-69 be mentally retarded>, the court shall order a determination of
27-70 mental retardation and an interdisciplinary team recommendation
28-1 <comprehensive diagnosis and evaluation> of the child, as provided
28-2 by Chapter 593, Health and Safety Code, to be performed at a
28-3 facility approved or operated by the Texas Department of Mental
28-4 Health and Mental Retardation or at a community center established
28-5 in accordance with Chapter 534, Health and Safety Code. If the
28-6 court finds that the results of such determination of mental
28-7 retardation <comprehensive diagnosis and evaluation> indicate a
28-8 significantly subaverage general intellectual function of 2.5 or
28-9 more standard deviations below the age-group mean for the tests
28-10 used existing concurrently with significantly related deficits in
28-11 adaptive behavior <of Levels I-IV>, the court shall initiate
28-12 proceedings to order commitment of the child to a residential care
28-13 facility, as that term is defined by Section 591.003, Health and
28-14 Safety Code <for the care and treatment of mentally retarded
28-15 persons>.
28-16 (b) A child alleged or found to have engaged in delinquent
28-17 conduct or conduct indicating a need for supervision may be
28-18 committed to a residential care facility if:
28-19 (1) the child is found unfit to proceed as a result of
28-20 mental retardation under Section 55.04 of this chapter or is found
28-21 not responsible for the child's conduct as a result of mental
28-22 retardation under Section 55.05 of this chapter; and
28-23 (2) the child meets the criteria for commitment as
28-24 provided in Subchapter C, Chapter 593, Health and Safety Code.
28-25 (c) Subtitle D, Title 7, Health and Safety Code, governs
28-26 proceedings for commitment of a child under <meeting the criteria
28-27 set forth in Subsection (a) of> this section except that:
28-28 (1) the juvenile court shall conduct the proceedings
28-29 whether or not the juvenile court is also a county court; and
28-30 (2) on receipt of the court's order entering the
28-31 findings required by <set forth in Subsection (a) of this section,
28-32 together with those findings set forth in> Subtitle D, Title 7,
28-33 Health and Safety Code, and Subsection (b)(1) of this section <as
28-34 prerequisites for court commitments>, the Texas Department of
28-35 Mental Health and Mental Retardation or the appropriate community
28-36 center shall <thereupon> admit the child to a residential care
28-37 facility <for the mentally retarded>.
28-38 (d) <(c)> If the juvenile court enters an order committing
28-39 the child to <for care and treatment in> a residential care
28-40 facility <for mentally retarded persons>, the child shall be cared
28-41 for, treated, and released in conformity to Subtitle D, Title 7,
28-42 Health and Safety Code, except that the administrator of the
28-43 residential care facility shall notify, in writing,<:>
28-44 <(1)> the juvenile court that ordered commitment of
28-45 the child of the intent <shall be notified at least 10 days prior>
28-46 to discharge <of> the child from the residential care facility or
28-47 to furlough the child to an alternative placement at least 20 days
28-48 prior to the date of the discharge or furlough<; and>
28-49 <(2) appeal from juvenile court proceedings under this
28-50 section shall be to the court of civil appeals as in other
28-51 proceedings under this title>.
28-52 (e) <(d)> If the juvenile court orders commitment of a child
28-53 to a residential care facility <for the care and treatment of
28-54 mentally retarded persons>, the proceedings under this title then
28-55 pending in juvenile court shall be stayed.
28-56 (f) <(e)> If the child committed to a residential care
28-57 facility is discharged or furloughed from the residential care
28-58 facility as provided by Subsection (d) of this section and in
28-59 accordance with Subtitle D, Title 7, Health and Safety Code, <for
28-60 the care and treatment of mentally retarded persons> before
28-61 reaching 18 years of age, the juvenile court may:
28-62 (1) dismiss the juvenile court proceedings with
28-63 prejudice; or
28-64 (2) continue with proceedings under this title as
28-65 though no order of commitment had been made.
28-66 (g) If the child committed to a residential care facility is
28-67 not discharged or furloughed from the residential care facility
28-68 before reaching 18 years of age, the juvenile court shall transfer
28-69 all pending proceedings from the juvenile court to a criminal court
28-70 upon the child's 18th birthday. The juvenile court shall send
29-1 notification of the transfer to the residential care facility. The
29-2 criminal court shall, within 90 days of the transfer, institute
29-3 proceedings under Article 46.02, Code of Criminal Procedure.
29-4 Sec. 55.04. UNFITNESS <MENTAL DISEASE OR DEFECT EXCLUDING
29-5 FITNESS> TO PROCEED. (a) A <No> child alleged by petition or
29-6 found to have engaged in delinquent conduct or conduct indicating a
29-7 need for supervision who as a result of mental illness or mental
29-8 retardation <disease or defect> lacks capacity to understand the
29-9 proceedings in juvenile court or to assist in his own defense is
29-10 unfit to proceed and shall not be subjected to discretionary
29-11 transfer to criminal court, adjudication, disposition, or
29-12 modification of disposition as long as such incapacity endures.
29-13 (b) If on motion by a party or the court it is alleged
29-14 <appears to the juvenile court, on suggestion of a party or on the
29-15 court's own notice,> that a child <alleged or found to have engaged
29-16 in delinquent conduct or conduct indicating a need for supervision>
29-17 may be unfit to proceed as a result of mental illness or mental
29-18 retardation, the court shall order appropriate examinations as
29-19 provided by Section 55.01 of this chapter. The information
29-20 obtained from the examinations must include expert opinion as to
29-21 <medical and psychiatric inquiry to assist in determining> whether
29-22 the child is unfit to proceed as a result <because> of mental
29-23 illness or mental retardation <disease or defect>.
29-24 (c) The court or jury shall determine whether the child is
29-25 unfit to proceed as a result of mental illness or mental
29-26 retardation <from the psychiatric and other evidence> at a hearing
29-27 separate from<, but conducted in accordance with the requirements
29-28 for,> the adjudication hearing <whether the child is fit or unfit
29-29 to proceed>.
29-30 (d) Unfitness to proceed as a result of mental illness or
29-31 mental retardation must be proved by a preponderance of the
29-32 evidence.
29-33 (e) If the court or jury determines that the child is fit to
29-34 proceed, the juvenile court shall continue with proceedings under
29-35 this title as though no question of fitness to proceed had been
29-36 raised.
29-37 (f) If the court or jury determines that the child is unfit
29-38 to proceed as a result of mental illness or mental retardation, the
29-39 court <or jury> shall initiate proceedings under <determine whether
29-40 the child should be committed for a period of temporary
29-41 hospitalization for observation and treatment in accordance with>
29-42 Section 55.02 or <of this code or committed to a facility for
29-43 mentally retarded persons for care and treatment in accordance
29-44 with> Section 55.03 of this chapter <code>.
29-45 (g) A proceeding <Proceedings> to determine fitness to
29-46 proceed may be joined with proceedings under Sections 55.02 and
29-47 55.03 of this chapter <code>.
29-48 (h) The fact that the child is unfit to proceed as a result
29-49 of mental illness or mental retardation does not preclude any legal
29-50 objection to the juvenile court proceedings which is susceptible of
29-51 fair determination prior to the adjudication hearing and without
29-52 the personal participation of the child.
29-53 Sec. 55.05. LACK OF RESPONSIBILITY FOR CONDUCT <MENTAL
29-54 DISEASE OR DEFECT EXCLUDING RESPONSIBILITY>. (a) A child alleged
29-55 by petition to have engaged in <is not responsible for> delinquent
29-56 conduct or conduct indicating a need for supervision is not
29-57 responsible for the conduct if at the time of the <such> conduct,
29-58 as a result of mental illness or mental retardation <disease or
29-59 defect>, the child did not know that his conduct was wrong <he
29-60 lacks substantial capacity either to appreciate the wrongfulness of
29-61 his conduct or to conform his conduct to the requirements of law>.
29-62 (b) If <it appears to the juvenile court,> on motion
29-63 <suggestion> of a party or <on> the court it is <court's own
29-64 notice, that a child> alleged that the child <to have engaged in
29-65 delinquent conduct or conduct indicating a need for supervision>
29-66 may not be responsible as a result of mental illness or mental
29-67 retardation for the child's conduct <disease or defect>, the court
29-68 shall order appropriate examinations as provided by Section 55.01
29-69 of this chapter. The information obtained from the examinations
29-70 must include expert opinion as to <medical and psychiatric inquiry
30-1 to assist in determining> whether the child is <or is> not
30-2 responsible for the child's conduct as a result of mental illness
30-3 or mental retardation.
30-4 (c) The issue of whether the child is not responsible for
30-5 his conduct as a result of mental illness or mental retardation
30-6 <disease or defect> shall be tried to the court or jury in the
30-7 adjudication hearing.
30-8 (d) Lack of <Mental disease or defect excluding>
30-9 responsibility for conduct as a result of mental illness or mental
30-10 retardation must be proved by a preponderance of the evidence.
30-11 (e) In its findings or verdict the court or jury must state
30-12 whether the child is not responsible for his conduct as a result of
30-13 mental illness or mental retardation <disease or defect>.
30-14 (f) If the court or jury finds the child is not responsible
30-15 for his conduct as a result of mental illness or mental
30-16 retardation, the court shall initiate proceedings under Section
30-17 55.02 or 55.03 of this chapter <proceedings shall continue as
30-18 though no question of mental disease or defect excluding
30-19 responsibility had been raised>.
30-20 (g) A <If the court or jury finds that the> child found <is>
30-21 not responsible for his conduct as a result of mental illness or
30-22 mental retardation <disease or defect, the court shall dismiss the
30-23 proceedings with prejudice, and the court> shall not be subject to
30-24 proceedings under this title with respect to such conduct, other
30-25 than <initiate> proceedings under Section 55.02 or 55.03 of this
30-26 chapter <code to determine whether the child should be committed
30-27 for care and treatment as a mentally ill or mentally retarded
30-28 child>.
30-29 <(h) A child declared not responsible for his conduct
30-30 because of mental disease or defect shall not thereafter be subject
30-31 to proceedings under this title with respect to such conduct, other
30-32 than proceedings under Section 55.02 or 55.03 of this code.>
30-33 SECTION 48. Section 56.01, Family Code, is amended by
30-34 amending Subsections (c) and (i) and adding Subsections (k)-(m) to
30-35 read as follows:
30-36 (c) An appeal may be taken<:>
30-37 <(1)> by or on behalf of a child from an order entered
30-38 under:
30-39 <(A) Section 54.02 of this code respecting
30-40 transfer of the child to criminal court for prosecution as an
30-41 adult;>
30-42 (1) <(B)> Section 54.03 of this code with regard to
30-43 delinquent conduct or conduct indicating a need for supervision;
30-44 (2) <(C)> Section 54.04 of this code disposing of the
30-45 case;
30-46 (3) <(D)> Section 54.05 of this code respecting
30-47 modification of a previous juvenile court disposition; or
30-48 (4) <(E)> Chapter 55 of this code committing a child
30-49 to a facility for the mentally ill or mentally retarded<; or>
30-50 <(2) by a person from an order entered under Section
30-51 54.11(i)(2) of this code transferring the person to the custody of
30-52 the institutional division of the Texas Department of Criminal
30-53 Justice>.
30-54 (i) The appellate court may affirm, reverse, or modify the
30-55 judgment or order, including an order of disposition or modified
30-56 disposition, from which appeal was taken. It may reverse or modify
30-57 an order of disposition or modified order of disposition while
30-58 affirming the juvenile court adjudication that the child engaged in
30-59 delinquent conduct or conduct indicating a need for supervision.
30-60 It may remand an order that it reverses or modifies for further
30-61 proceedings by the juvenile court.
30-62 (k) The appellate court shall dismiss an appeal on the
30-63 state's motion, supported by affidavit showing that the appellant
30-64 has escaped from custody pending the appeal and, to the affiant's
30-65 knowledge, has not voluntarily returned to the state's custody on
30-66 or before the 10th day after the date of the escape. The court may
30-67 not dismiss an appeal, or if the appeal has been dismissed, shall
30-68 reinstate the appeal, on the filing of an affidavit of an officer
30-69 or other credible person showing that the appellant voluntarily
30-70 returned to custody on or before the 10th day after the date of the
31-1 escape.
31-2 (l) The court may order the child, the child's parent, or
31-3 other person responsible for support of the child to pay the
31-4 child's costs of appeal, including the costs of representation by
31-5 an attorney, unless the court determines the person to be ordered
31-6 to pay the costs is indigent.
31-7 (m) For purposes of determining indigency of the child under
31-8 this section, the court shall consider the assets and income of the
31-9 child, the child's parent, and any other person responsible for the
31-10 support of the child.
31-11 SECTION 49. Section 57.001(3), Family Code, is amended to
31-12 read as follows:
31-13 (3) "Victim" means a person who:
31-14 (A) is the victim of the delinquent conduct of a
31-15 child that includes the elements under the penal law of this state
31-16 of sexual assault, kidnapping, or aggravated robbery; <or>
31-17 (B) has suffered bodily injury or death as a
31-18 result of the conduct of a child that violates a penal law of this
31-19 state; or
31-20 (C) is the owner or lessor of property damaged
31-21 or lost as a result of the conduct of a child that violates a
31-22 penal law of this state.
31-23 SECTION 50. Section 57.002, Family Code, is amended to read
31-24 as follows:
31-25 Sec. 57.002. Victim's Rights. A victim, guardian of a
31-26 victim, or close relative of a deceased victim is entitled to the
31-27 following rights within the juvenile justice system:
31-28 (1) the right to receive from law enforcement agencies
31-29 adequate protection from harm and threats of harm arising from
31-30 cooperation with prosecution efforts;
31-31 (2) the right to have the court or person appointed by
31-32 the court take the safety of the victim or the victim's family into
31-33 consideration as an element in determining whether the child should
31-34 be detained before the child's conduct is adjudicated;
31-35 (3) the right, if requested, to be informed of
31-36 relevant court proceedings, including appellate proceedings, and to
31-37 be informed in a timely manner if those court proceedings have been
31-38 canceled or rescheduled;
31-39 (4) the right to be informed, when requested, by the
31-40 court or a person appointed by the court concerning the procedures
31-41 in the juvenile justice system, including general procedures
31-42 relating to:
31-43 (A) the preliminary investigation and deferred
31-44 prosecution <informal adjustment> of a case; and
31-45 (B) the appeal of the case;
31-46 (5) the right to provide pertinent information to a
31-47 juvenile court conducting a disposition hearing concerning the
31-48 impact of the offense on the victim and the victim's family by
31-49 testimony, written statement, or any other manner before the court
31-50 renders its disposition;
31-51 (6) the right to receive information regarding
31-52 compensation to victims as provided by Subchapter B, Chapter 56,
31-53 Code of Criminal Procedure <the Crime Victims Compensation Act
31-54 (Article 8309-1, Vernon's Texas Civil Statutes)>, including
31-55 information related to the costs that may be compensated under that
31-56 Act and the amount of compensation, eligibility for compensation,
31-57 and procedures for application for compensation under that Act, the
31-58 payment of medical expenses under Section 56.06, Code of Criminal
31-59 Procedure <Section 1, Chapter 299, Acts of the 63rd Legislature,
31-60 Regular Session, 1973 (Article 4447m, Vernon's Texas Civil
31-61 Statutes)>, for a victim of a sexual assault, and when requested,
31-62 to referral to available social service agencies that may offer
31-63 additional assistance;
31-64 (7) the right to be informed, upon request, of
31-65 procedures for release under supervision or transfer of the person
31-66 to the custody of the pardons and paroles division of the Texas
31-67 Department of Criminal Justice for parole, to participate in the
31-68 release or transfer for parole process, to be notified, if
31-69 requested, of release or transfer for parole proceedings concerning
31-70 the person <child>, to provide to the Texas Youth Commission for
32-1 inclusion in the person's <child's> file information to be
32-2 considered by the commission before the release under supervision
32-3 or transfer for parole of the person <child>, and to be notified,
32-4 if requested, of the person's <child's> release or transfer for
32-5 parole;
32-6 (8) the right to be provided with a waiting area,
32-7 separate or secure from other witnesses, including the child
32-8 alleged to have committed the conduct and relatives of the child,
32-9 before testifying in any proceeding concerning the child, or, if a
32-10 separate waiting area is not available, other safeguards should be
32-11 taken to minimize the victim's contact with the child and the
32-12 child's relatives and witnesses, before and during court
32-13 proceedings;
32-14 (9) the right to prompt return of any property of the
32-15 victim that is held by a law enforcement agency or the attorney for
32-16 the state as evidence when the property is no longer required for
32-17 that purpose;
32-18 (10) the right to have the attorney for the state
32-19 notify the employer of the victim, if requested, of the necessity
32-20 of the victim's cooperation and testimony in a proceeding that may
32-21 necessitate the absence of the victim from work for good cause;
32-22 <and>
32-23 (11) the right to be present at all public court
32-24 proceedings related to the conduct of the child as provided by
32-25 Section 54.08, subject to that section; and
32-26 (12) any other right appropriate to the victim that a
32-27 victim of criminal conduct has under Article 56.02, Code of
32-28 Criminal Procedure <the approval of the court>.
32-29 SECTION 51. Chapter 57, Family Code, is amended by adding
32-30 Section 57.008 to read as follows:
32-31 Sec. 57.008. COURT ORDER FOR PROTECTION FROM JUVENILES. (a)
32-32 A court may issue an order for protection from juveniles directed
32-33 against a child to protect a victim of the child's conduct who,
32-34 because of the victim's participation in the juvenile justice
32-35 system, risks further harm by the child.
32-36 (b) In the order, the court may prohibit the child from
32-37 doing specified acts or require the child to do specified acts
32-38 necessary or appropriate to prevent or reduce the likelihood of
32-39 further harm to the victim by the child.
32-40 SECTION 52. Title 3, Family Code, is amended by adding
32-41 Chapters 58 and 59 to read as follows:
32-42 CHAPTER 58. RECORDS; CENTRAL DEPOSITORY
32-43 SUBCHAPTER A. RECORDS
32-44 Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. (a) Law
32-45 enforcement officers and other juvenile justice personnel shall
32-46 collect information described by Section 58.104 as a part of the
32-47 central depository created under Subchapter B.
32-48 (b) The information is available as provided by Subchapter
32-49 B.
32-50 Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.
32-51 Except as provided by Chapter 79, Human Resources Code, a child may
32-52 not be photographed or fingerprinted without the consent of the
32-53 juvenile court unless the child is taken into custody for conduct
32-54 that constitutes a felony or a misdemeanor punishable by
32-55 confinement in jail.
32-56 Sec. 58.003. INVESTIGATION. (a) If a latent fingerprint is
32-57 found during the investigation of conduct that may violate a penal
32-58 law, and a law enforcement officer reasonably believes that the
32-59 print is of a particular child, if otherwise authorized by law, the
32-60 officer may fingerprint the child without regard to the age of the
32-61 child or the nature of the conduct for the purpose of an immediate
32-62 comparison with the latent fingerprint. If the comparison is
32-63 negative, the fingerprint card and other copies of the fingerprints
32-64 taken shall be destroyed immediately. If the comparison is
32-65 positive, the fingerprint card and other copies of the fingerprints
32-66 taken shall be delivered to the court for disposition.
32-67 (b) If, during the investigation of conduct that may violate
32-68 a penal law, a law enforcement officer reasonably believes that a
32-69 photograph of a child taken into custody or detained as permitted
32-70 under this title will assist in the identification of the person
33-1 engaging in the conduct, and if not otherwise prohibited by law,
33-2 the officer may, without regard to the age of the child or the
33-3 nature of the conduct, photograph the face of the child. If the
33-4 child is not identified as a possible offender, the photograph and
33-5 its negative shall be destroyed immediately. If the child is
33-6 identified through the photograph, the photograph and its negative
33-7 shall be delivered to the juvenile court for disposition.
33-8 (c) When destruction of a fingerprint or photograph is
33-9 required under this section, the agency with custody of the
33-10 fingerprint or photograph shall proceed with destruction without
33-11 judicial order. If the fingerprint or photograph is not destroyed,
33-12 the juvenile court, on its own motion or on application by the
33-13 person fingerprinted or photographed, shall order the destruction
33-14 as required by this section.
33-15 Sec. 58.004. COMPILATION OF INFORMATION PERTAINING TO
33-16 CRIMINAL COMBINATION. (a) A local criminal justice agency may
33-17 compile information into a local system for the purpose of
33-18 investigating or prosecuting the criminal activities of a
33-19 combination.
33-20 (b) Notwithstanding any provision of this chapter, criminal
33-21 information relating to a child associated with a combination may
33-22 be locally compiled and released under this section regardless of
33-23 the age of the child.
33-24 (c) The information may be compiled on paper, by
33-25 photographs, by computer, or in any other useful manner.
33-26 (d) In this section:
33-27 (1) "Combination" has the meaning assigned by Section
33-28 71.01, Penal Code.
33-29 (2) "Local criminal justice agency" means a municipal
33-30 or county agency, or school district law enforcement agency, that
33-31 is engaged in the administration of criminal justice under a
33-32 statute or executive order and that allocates a substantial portion
33-33 of its annual budget to the administration of criminal justice.
33-34 Sec. 58.005. SEALING OF RECORDS. (a) Except as provided by
33-35 Subsections (b) and (c), on the application of a person who has
33-36 been found to have engaged in delinquent conduct or conduct
33-37 indicating a need for supervision, or a person taken into custody
33-38 to determine whether the person engaged in delinquent conduct or
33-39 conduct indicating a need for supervision, on the juvenile court's
33-40 own motion or on receipt of a certification from the Department of
33-41 Public Safety that the records of a person are eligible for sealing
33-42 under this section, the court, after hearing, shall order the
33-43 sealing of the records in the case if the court finds that:
33-44 (1) two years have elapsed since final discharge of
33-45 the person or since the last official action in the person's case
33-46 if there was no adjudication; and
33-47 (2) since the time specified in Subdivision (1), the
33-48 person has not been convicted of a felony or a misdemeanor
33-49 involving moral turpitude or found to have engaged in delinquent
33-50 conduct or conduct indicating a need for supervision and no
33-51 proceeding is pending seeking conviction or adjudication.
33-52 (b) Subject to Subsection (c), a court may order the sealing
33-53 of records concerning a person adjudicated as having engaged in
33-54 delinquent conduct that violated a penal law of the grade of felony
33-55 only if:
33-56 (1) the person is 23 years of age or older and at
33-57 least five years have elapsed since the final discharge of the
33-58 person or the last official action on the person's case;
33-59 (2) the person was not transferred by a juvenile court
33-60 under Section 54.02 to a criminal court for prosecution;
33-61 (3) the records have not been used as evidence in the
33-62 punishment phase of a criminal proceeding under Section 3(a),
33-63 Article 37.07, Code of Criminal Procedure; and
33-64 (4) the person has not been convicted of a penal law
33-65 of the grade of felony after becoming age 17.
33-66 (c) A court may not order the sealing of the records of a
33-67 person who has received a determinate sentence for engaging in
33-68 conduct that violated a penal law listed in Section 53.045 or
33-69 engaging in habitual felony conduct as described by Section 51.031.
33-70 (d) Reasonable notice of the hearing shall be given to:
34-1 (1) the person who made the application or who is the
34-2 subject of the records named in the motion;
34-3 (2) the prosecuting attorney for the juvenile court;
34-4 (3) the authority granting the discharge if the final
34-5 discharge was from an institution or from parole;
34-6 (4) the public or private agency or institution having
34-7 custody of records named in the application or motion; and
34-8 (5) the law enforcement agency having custody of files
34-9 or records named in the application or motion.
34-10 (e) The court shall send a copy of the sealing order to each
34-11 agency or official named in the order.
34-12 (f) On entry of the order:
34-13 (1) all law enforcement, prosecuting attorney, clerk
34-14 of court, and juvenile court records ordered sealed shall be sent
34-15 to the court issuing the order;
34-16 (2) all records of a public or private agency or
34-17 institution ordered sealed shall be sent to the court issuing the
34-18 order;
34-19 (3) the juvenile court, clerk of court, prosecuting
34-20 attorney, public or private agency or institution, and law
34-21 enforcement officers and agencies shall properly reply that no
34-22 record exists with respect to the person on inquiry in any matter;
34-23 and
34-24 (4) the adjudication shall be vacated and the
34-25 proceeding dismissed and treated for all purposes other than a
34-26 subsequent capital prosecution, including the purpose of showing a
34-27 prior finding of delinquent conduct, as if it had never occurred.
34-28 (g) Inspection of the sealed records may be permitted by an
34-29 order of the juvenile court on the petition of the person who is
34-30 the subject of the records and only by those persons named in the
34-31 order.
34-32 (h) On the final discharge of a child or on the last
34-33 official action in the case if there is no adjudication, the court
34-34 shall give the child a written explanation of the child's rights
34-35 under this section and a copy of the provisions of this section.
34-36 (i) A person whose records have been sealed under this
34-37 section is not required in any proceeding or in any application for
34-38 employment, information, or licensing to state that the person has
34-39 been the subject of a proceeding under this title and any statement
34-40 that the person has never been found to be a delinquent child shall
34-41 never be held against the person in any criminal or civil
34-42 proceeding.
34-43 (j) A prosecuting attorney may, on application to the
34-44 juvenile court, reopen at any time the files and records of a
34-45 person adjudicated as having engaged in delinquent conduct that
34-46 violated a penal law of the grade of felony sealed by the court
34-47 under this section for the purposes of Sections 12.42(a)-(c) and
34-48 (e), Penal Code.
34-49 (k) On the motion of a person in whose name records are kept
34-50 or on the court's own motion, the court may order the destruction
34-51 of records of a person that have been sealed under this section if:
34-52 (1) the records relate to conduct that did not violate
34-53 a penal law of the grade of felony;
34-54 (2) the person is 23 years of age or older; and
34-55 (3) the person has not been convicted of a felony.
34-56 Sec. 58.006. CONFIDENTIALITY OF RECORDS. (a) Information
34-57 obtained for the purpose of diagnosis, examination, evaluation, or
34-58 treatment or for making a referral for treatment of a child by a
34-59 public or private agency or institution providing supervision of a
34-60 child by arrangement of the juvenile court or having custody of the
34-61 child under order of the juvenile court may be disclosed only to:
34-62 (1) the professional staff or consultants of the
34-63 agency or institution;
34-64 (2) the judge, prosecutor, probation officers, or
34-65 professional staff or consultants of the juvenile court;
34-66 (3) an attorney for the child;
34-67 (4) a governmental agency if the disclosure is
34-68 required or authorized by law; or
34-69 (5) a person or entity to whom the child is referred
34-70 for treatment or services if the agency or institution disclosing
35-1 the information has entered into a written confidentiality
35-2 agreement with the person or entity regarding the protection of the
35-3 disclosed information.
35-4 (b) This section does not apply to information collected
35-5 under Section 58.104.
35-6 Sec. 58.007. PHYSICAL RECORDS OR FILES. (a) This section
35-7 applies only to the inspection and maintenance of a physical record
35-8 or file concerning a child and does not affect the collection,
35-9 dissemination, or maintenance of information as provided by
35-10 Subchapter B. This section does not apply to a record or file
35-11 relating to a child that is required or authorized to be maintained
35-12 under the laws regulating the operation of motor vehicles in this
35-13 state.
35-14 (b) Except as provided by Article 15.27, Code of Criminal
35-15 Procedure, the records and files of a juvenile court, a clerk of
35-16 court, or a prosecuting attorney relating to a child who is a party
35-17 to a proceeding under this title are open to inspection only by:
35-18 (1) the judge, probation officers, and professional
35-19 staff or consultants of the juvenile court;
35-20 (2) a juvenile justice agency as that term is defined
35-21 by Section 58.101;
35-22 (3) an attorney for a party to the proceeding;
35-23 (4) a public or private agency or institution
35-24 providing supervision of the child by arrangement of the juvenile
35-25 court, or having custody of the child under juvenile court order;
35-26 or
35-27 (5) with leave of the juvenile court, any other
35-28 person, agency, or institution having a legitimate interest in the
35-29 proceeding or in the work of the court.
35-30 (c) Except as provided by Subsection (d), law enforcement
35-31 records and files concerning a child shall:
35-32 (1) be kept separate from adult files and records; and
35-33 (2) be maintained on a local basis only and not sent
35-34 to a central state or federal depository.
35-35 (d) The law enforcement files and records of a person who is
35-36 transferred from the Texas Youth Commission to the institutional
35-37 division or the pardons and paroles division of the Texas
35-38 Department of Criminal Justice may be transferred to a central
35-39 state or federal depository for adult records on or after the date
35-40 of transfer.
35-41 (e) Law enforcement records and files concerning a child may
35-42 be inspected by a juvenile justice agency as that term is defined
35-43 by Section 58.101.
35-44 (f) If a child has been reported missing by a parent,
35-45 guardian, or conservator of that child, information about the child
35-46 may be forwarded to and disseminated by the Texas Crime Information
35-47 Center and the National Crime Information Center.
35-48 (Sections 58.008-58.100 reserved for expansion
35-49 SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM
35-50 Sec. 58.101. DEFINITIONS. In this subchapter:
35-51 (1) "Criminal justice agency" has the meaning assigned
35-52 by Section 411.082, Government Code.
35-53 (2) "Department" means the Department of Public Safety
35-54 of the State of Texas.
35-55 (3) "Disposition" means an action that results in the
35-56 termination, transfer of jurisdiction, or indeterminate suspension
35-57 of the prosecution of a juvenile offender.
35-58 (4) "Incident number" means a unique number assigned
35-59 to a child during a specific custodial or detention period or for a
35-60 specific referral to the office or official designated by the
35-61 juvenile court, if the juvenile offender was not taken into custody
35-62 before the referral.
35-63 (5) "Juvenile justice agency" means an agency that has
35-64 custody or control over juvenile offenders.
35-65 (6) "Juvenile offender" means a child who has been
35-66 assigned an incident number.
35-67 (7) "State identification number" means a unique
35-68 number assigned by the department to a child in the juvenile
35-69 justice information system.
35-70 (8) "Uniform incident fingerprint card" means a
36-1 multiple part form containing a unique incident number with space
36-2 for information relating to the conduct for which a child has been
36-3 taken into custody, detained, or referred, the child's
36-4 fingerprints, and other relevant information.
36-5 Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The
36-6 department is responsible for recording data and maintaining a
36-7 database for a computerized juvenile justice information system
36-8 that serves:
36-9 (1) as the record creation point for the juvenile
36-10 justice information system maintained by the state; and
36-11 (2) as the control terminal for entry of records, in
36-12 accordance with federal law, rule, and policy, into the federal
36-13 records system maintained by the Federal Bureau of Investigation.
36-14 (b) The department shall develop and maintain the system
36-15 with the cooperation and advice of the:
36-16 (1) Texas Youth Commission;
36-17 (2) Texas Juvenile Probation Commission;
36-18 (3) Criminal Justice Policy Council; and
36-19 (4) juvenile courts and clerks of juvenile courts.
36-20 (c) The department may not collect or retain information
36-21 relating to a juvenile if this chapter prohibits or restricts the
36-22 collection or retention of the information.
36-23 (d) The database must contain the information required by
36-24 this subchapter.
36-25 (e) The department shall designate the offense codes and has
36-26 the sole responsibility for designating the state identification
36-27 number for each juvenile whose name appears in the juvenile justice
36-28 system.
36-29 Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile
36-30 justice information system is to:
36-31 (1) provide agencies and personnel within the juvenile
36-32 justice system accurate information relating to children who come
36-33 into contact with the juvenile justice system of this state;
36-34 (2) provide, where allowed by law, adult criminal
36-35 justice agencies accurate and easily accessible information
36-36 relating to children who come into contact with the juvenile
36-37 justice system;
36-38 (3) provide an efficient conversion, where
36-39 appropriate, of juvenile records to adult criminal records;
36-40 (4) improve the quality of data used to conduct impact
36-41 analyses of proposed legislative changes in the juvenile justice
36-42 system; and
36-43 (5) improve the ability of interested parties to
36-44 analyze the functioning of the juvenile justice system.
36-45 Sec. 58.104. TYPES OF INFORMATION COLLECTED. (a) The
36-46 juvenile justice information system shall consist of information
36-47 relating to delinquent conduct committed by a juvenile offender
36-48 that, if the conduct had been committed by an adult, would
36-49 constitute a criminal offense other than an offense punishable by a
36-50 fine only, including information relating to:
36-51 (1) the juvenile offender;
36-52 (2) the intake or referral of the juvenile offender
36-53 into the juvenile justice system;
36-54 (3) the detention of the juvenile offender;
36-55 (4) the prosecution of the juvenile offender;
36-56 (5) the disposition of the juvenile offender's case,
36-57 including the name and description of any program to which the
36-58 juvenile offender is referred; and
36-59 (6) the probation or commitment of the juvenile
36-60 offender.
36-61 (b) To the extent possible and subject to Subsection (a),
36-62 the department shall include in the juvenile justice information
36-63 system the following information for each juvenile offender taken
36-64 into custody, detained, or referred under this title for delinquent
36-65 conduct:
36-66 (1) the juvenile offender's name, including other
36-67 names by which the juvenile offender is known;
36-68 (2) the juvenile offender's date and place of birth;
36-69 (3) the juvenile offender's physical description,
36-70 including sex, weight, height, race, ethnicity, eye color, hair
37-1 color, scars, marks, and tattoos;
37-2 (4) the juvenile offender's state identification
37-3 number, and other identifying information, as determined by the
37-4 department;
37-5 (5) the juvenile offender's fingerprints;
37-6 (6) the juvenile offender's last known residential
37-7 address, including the census tract number designation for the
37-8 address;
37-9 (7) the name and identifying number of the agency that
37-10 took into custody or detained the juvenile offender;
37-11 (8) the date of detention or custody;
37-12 (9) the conduct for which the juvenile offender was
37-13 taken into custody, detained, or referred, including level and
37-14 degree of the alleged offense;
37-15 (10) the name and identifying number of the juvenile
37-16 intake agency or juvenile probation office;
37-17 (11) each disposition by the juvenile intake agency or
37-18 juvenile probation office;
37-19 (12) the date of disposition by the juvenile intake
37-20 agency or juvenile probation office;
37-21 (13) the name and identifying number of the
37-22 prosecutor's office;
37-23 (14) each disposition by the prosecutor;
37-24 (15) the date of disposition by the prosecutor;
37-25 (16) the name and identifying number of the court;
37-26 (17) each disposition by the court, including
37-27 information concerning custody of a juvenile offender by a juvenile
37-28 justice agency or probation;
37-29 (18) the date of disposition by the court;
37-30 (19) any commitment or release under supervision by
37-31 the Texas Youth Commission;
37-32 (20) the date of any commitment or release under
37-33 supervision by the Texas Youth Commission; and
37-34 (21) a description of each appellate proceeding.
37-35 (c) The department may designate codes relating to the
37-36 information described by Subsection (b).
37-37 (d) The department shall designate a state identification
37-38 number for each juvenile offender.
37-39 (e) This subchapter does not apply to a disposition that
37-40 represents an administrative status notice of an agency described
37-41 by Section 58.102(b).
37-42 (f) Records maintained by the department in the depository
37-43 are subject to being sealed under Section 58.005. The department
37-44 shall maintain an index that identifies persons, using fingerprints
37-45 and the information described by Subsections (b)(1)-(5), whose
37-46 records have been sealed under Section 58.005 and the court that
37-47 has custody of those records.
37-48 Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board
37-49 shall provide for:
37-50 (1) the compilation and maintenance of records and
37-51 information needed for reporting information to the department
37-52 under this subchapter;
37-53 (2) the transmittal to the department, in the manner
37-54 provided by the department, of all records and information required
37-55 by the department under this subchapter; and
37-56 (3) access by the department to inspect records and
37-57 information to determine the completeness and accuracy of
37-58 information reported.
37-59 Sec. 58.106. CONFIDENTIALITY. (a) Except as provided by
37-60 Subsection (b), information contained in the juvenile justice
37-61 information system is confidential information for the use of the
37-62 department and may not be disseminated by the department except:
37-63 (1) with the permission of the juvenile offender, to
37-64 military personnel of this state or the United States;
37-65 (2) to a person or entity to which the department may
37-66 grant access to adult criminal history records as provided by
37-67 Section 411.083, Government Code; and
37-68 (3) to the Criminal Justice Policy Council for
37-69 analytical purposes.
37-70 (b) Subsection (a) does not apply to a document maintained
38-1 by a juvenile justice agency that is the source of information
38-2 collected by the department.
38-3 Sec. 58.107. COMPATIBILITY OF DATA. (a) Data supplied to
38-4 the juvenile justice information system must be compatible with the
38-5 system and must contain both incident numbers and state
38-6 identification numbers.
38-7 (b) Information submitted under this chapter must contain
38-8 the juvenile offender's name.
38-9 Sec. 58.108. DUTIES OF AGENCIES AND COURTS. (a) A juvenile
38-10 justice agency and a clerk of a juvenile court shall:
38-11 (1) compile and maintain records needed for reporting
38-12 data required by the department;
38-13 (2) transmit to the department in the manner provided
38-14 by the department data required by the department;
38-15 (3) give the department or its accredited agents
38-16 access to the agency or court for the purpose of inspection to
38-17 determine the completeness and accuracy of data reported; and
38-18 (4) cooperate with the department to enable the
38-19 department to perform its duties under this chapter.
38-20 (b) A juvenile justice agency and clerk of a court shall
38-21 retain documents described by this section.
38-22 (c) An official of an agency or a court may not
38-23 intentionally conceal or destroy any record with intent to violate
38-24 this section.
38-25 Sec. 58.109. UNIFORM INCIDENT FINGERPRINT CARD. (a) The
38-26 department may provide for the use of a uniform incident
38-27 fingerprint card in the maintenance of the juvenile justice
38-28 information system.
38-29 (b) The department shall design, print, and distribute to
38-30 each law enforcement agency and juvenile intake agency uniform
38-31 incident fingerprint cards.
38-32 (c) The incident cards must:
38-33 (1) be serially numbered with an incident number in a
38-34 manner that allows each incident of custody, detention, or referral
38-35 of a juvenile offender who is the subject of the incident
38-36 fingerprint card to be readily ascertained; and
38-37 (2) be multiple part forms that can be transmitted
38-38 with the juvenile offender through the juvenile justice process and
38-39 that allows each agency to report required data to the department.
38-40 (d) Subject to available telecommunications capacity, the
38-41 department shall develop the capability to receive by electronic
38-42 means from a law enforcement agency the information on the uniform
38-43 incident fingerprint card. The information must be in a form that
38-44 is compatible to the form required of data supplied to the juvenile
38-45 justice information system.
38-46 Sec. 58.110. REPORTING. (a) The department by rule shall
38-47 develop reporting procedures that ensure that the juvenile offender
38-48 processing data is reported from the time a juvenile offender is
38-49 initially taken into custody, detained, or referred until the time
38-50 a juvenile offender is released from the jurisdiction of the
38-51 juvenile justice system.
38-52 (b) The law enforcement agency or the juvenile intake agency
38-53 that initiates the entry of the juvenile offender into the juvenile
38-54 justice information system for a specific incident shall prepare a
38-55 uniform incident fingerprint card and initiate the reporting
38-56 process for each incident reportable under this subchapter.
38-57 (c) The clerk of the court exercising jurisdiction over a
38-58 juvenile offender's case shall report the disposition of the case
38-59 to the department.
38-60 (d) In each county, the reporting agencies may make
38-61 alternative arrangements for reporting the required information,
38-62 including combined reporting or electronic reporting, if the
38-63 alternative reporting is approved by the juvenile board and the
38-64 department.
38-65 (e) Except as otherwise required by applicable state laws or
38-66 regulations, information required by this chapter to be reported to
38-67 the department shall be reported promptly. The information shall
38-68 be reported not later than the 30th day after the date the
38-69 information is received by the agency responsible for reporting the
38-70 information, except that a juvenile offender's custody, detention,
39-1 or referral without previous custody shall be reported to the
39-2 department not later than the seventh day after the date of the
39-3 custody, detention, or referral.
39-4 Sec. 58.111. LOCAL DATA ADVISORY BOARDS. The commissioners
39-5 court of each county may create a local data advisory board to
39-6 perform the same duties relating to the juvenile justice
39-7 information system as the duties performed by a local data advisory
39-8 board in relation to the criminal history record system under
39-9 Article 60.09, Code of Criminal Procedure.
39-10 Sec. 58.112. WARRANTS. The department shall maintain in a
39-11 computerized database that is accessible by the same entities that
39-12 may access the juvenile justice information system information
39-13 relating to a warrant of arrest, as that term is defined by Article
39-14 15.01, Code of Criminal Procedure, or a directive to apprehend
39-15 under Section 52.015 for any child, without regard to whether the
39-16 child has been taken into custody.
39-17 CHAPTER 59. PROGRESSIVE SANCTIONS GUIDELINES
39-18 Sec. 59.01. PURPOSES. The purposes of the progressive
39-19 sanctions guidelines are to:
39-20 (1) ensure that juvenile offenders face uniform and
39-21 consistent consequences and punishments that correspond to the
39-22 seriousness of each offender's current offense, prior delinquent
39-23 history, special treatment or training needs, and effectiveness of
39-24 prior interventions;
39-25 (2) balance public protection and rehabilitation while
39-26 holding juvenile offenders accountable;
39-27 (3) permit flexibility in the decisions made in
39-28 relation to the juvenile offender to the extent allowed by law;
39-29 (4) consider the juvenile offender's circumstances;
39-30 and
39-31 (5) improve juvenile justice planning and resource
39-32 allocation by ensuring uniform and consistent reporting of
39-33 disposition decisions at all levels.
39-34 Sec. 59.02. SANCTION LEVEL ONE. (a) For a child at
39-35 sanction level one, the juvenile court or probation department may:
39-36 (1) require counseling for the child regarding the
39-37 child's conduct;
39-38 (2) inform the child of the progressive sanctions that
39-39 may be imposed on the child if the child continues to engage in
39-40 delinquent conduct or conduct indicating a need for supervision;
39-41 (3) inform the child's parents or guardians of the
39-42 parents' or guardians' responsibility to impose reasonable
39-43 restrictions on the child to prevent the conduct from recurring;
39-44 (4) provide information or other assistance to the
39-45 child or the child's parents or guardians in securing needed social
39-46 services;
39-47 (5) require the child or the child's parents or
39-48 guardians to participate in a program for services under Section
39-49 264.302;
39-50 (6) refer the child to a community-based citizen
39-51 intervention program approved by the juvenile court; and
39-52 (7) release the child to the child's parents or
39-53 guardians.
39-54 (b) The probation department shall discharge the child from
39-55 the custody of the probation department after the provisions of
39-56 this section are met.
39-57 Sec. 59.03. SANCTION LEVEL TWO. (a) For a child at
39-58 sanction level two, the juvenile court or the probation department
39-59 may:
39-60 (1) place the child on court-ordered or informal
39-61 probation for not less than three months or more than six months;
39-62 (2) require the child to make restitution to the
39-63 victim of the child's conduct or perform community service
39-64 restitution appropriate to the nature and degree of harm caused;
39-65 (3) require the child's parents or guardians to
39-66 identify restrictions the parents or guardians will impose on the
39-67 child's activities and requirements the parents or guardians will
39-68 set for the child's behavior;
39-69 (4) provide the information required under Sections
39-70 59.02(2) and (4);
40-1 (5) require the child or the child's parents or
40-2 guardians to participate in a program for services under Section
40-3 264.302;
40-4 (6) refer the child to a community-based citizen
40-5 intervention program approved by the juvenile court; and
40-6 (7) if appropriate, impose additional conditions of
40-7 probation.
40-8 (b) The juvenile court or the probation department shall
40-9 discharge the child from the custody of the probation department on
40-10 the date the provisions of this section are met or on the child's
40-11 18th birthday, whichever is earlier.
40-12 Sec. 59.04. SANCTION LEVEL THREE. (a) For a child at
40-13 sanction level three, the juvenile court may:
40-14 (1) place the child on probation for not less than six
40-15 months;
40-16 (2) require the child to make restitution to the
40-17 victim of the child's conduct or perform community service
40-18 restitution appropriate to the nature and degree of harm caused;
40-19 (3) impose specific restrictions on the child's
40-20 activities and requirements for the child's behavior as conditions
40-21 of probation;
40-22 (4) require a probation officer to closely monitor the
40-23 child's activities and behavior;
40-24 (5) require the child or the child's parents or
40-25 guardians to participate in programs or services designated by the
40-26 court or probation officer; and
40-27 (6) if appropriate, impose additional conditions of
40-28 probation.
40-29 (b) The juvenile court shall discharge the child from the
40-30 custody of the probation department on the date the provisions of
40-31 this section are met or on the child's 18th birthday, whichever is
40-32 earlier.
40-33 Sec. 59.05. SANCTION LEVEL FOUR. (a) For a child at
40-34 sanction level four, the juvenile court may:
40-35 (1) require the child to participate for not less than
40-36 three months in a highly intensive and regimented program that
40-37 emphasizes education, discipline, physical fitness, social
40-38 responsibility, and productive work;
40-39 (2) place the child on probation, after the release
40-40 from the program described by Subdivision (1), for not less than
40-41 six months or more than 12 months;
40-42 (3) impose highly structured restrictions on the
40-43 child's activities and requirements for behavior of the child as
40-44 conditions of probation;
40-45 (4) require a probation officer to closely monitor the
40-46 child;
40-47 (5) require the child or the child's parents or
40-48 guardians to participate in programs or services designed to
40-49 address their particular needs and circumstances; and
40-50 (6) if appropriate, impose additional sanctions.
40-51 (b) The juvenile court shall discharge the child from the
40-52 custody of the probation department on the date the provisions of
40-53 this section are met or on the child's 18th birthday, whichever is
40-54 earlier.
40-55 Sec. 59.06. SANCTION LEVEL FIVE. (a) For a child at
40-56 sanction level five, the juvenile court may:
40-57 (1) require the child to participate for not less than
40-58 six months or more than 12 months in a highly structured
40-59 residential program that emphasizes education, discipline,
40-60 accountability, physical fitness, and productive work;
40-61 (2) after participation in the program described by
40-62 Subdivision (1), place the child on probation for not less than six
40-63 months or more than 12 months;
40-64 (3) impose highly structured restrictions on the
40-65 child's activities and requirements for behavior of the child as
40-66 conditions of probation;
40-67 (4) require a probation officer to closely monitor the
40-68 child;
40-69 (5) require the child or the child's parents or
40-70 guardians to participate in programs or services designed to
41-1 address their particular needs and circumstances; and
41-2 (6) if appropriate, impose additional sanctions.
41-3 (b) The juvenile court shall discharge the child from the
41-4 custody of the probation department on the date the provisions of
41-5 this section are met or on the child's 18th birthday, whichever is
41-6 earlier.
41-7 Sec. 59.07. SANCTION LEVEL SIX. (a) For a child at
41-8 sanction level six, the juvenile court may:
41-9 (1) commit the child to the custody of the Texas Youth
41-10 Commission under an indeterminate sentence for placement in a
41-11 secure institution with a transfer of the child to a highly
41-12 structured residential program for a total of not less than six
41-13 months or more than 36 months;
41-14 (2) require the child or the child's parents or
41-15 guardians to participate in programs and services for their
41-16 particular needs and circumstances; and
41-17 (3) if appropriate, impose additional sanctions.
41-18 (b) On release of the child on parole, the Texas Youth
41-19 Commission shall:
41-20 (1) impose highly structured restrictions on the
41-21 child's activities and requirements for behavior of the child as
41-22 conditions of release on parole;
41-23 (2) require a parole officer to closely monitor the
41-24 child for not less than 12 months; and
41-25 (3) if appropriate, impose any other conditions of
41-26 parole.
41-27 (c) The Texas Youth Commission may discharge the child from
41-28 the commission's custody on the date the provisions of this section
41-29 are met or on the child's 19th birthday, whichever is earlier.
41-30 Sec. 59.08. SANCTION LEVEL ASSIGNMENT. (a) After a child's
41-31 first act of delinquent conduct or conduct indicating a need for
41-32 supervision, the juvenile court or the probation department may
41-33 assign a child one of the following sanction levels according to
41-34 the child's conduct:
41-35 (1) for conduct indicating a need for supervision,
41-36 other than a Class A or B misdemeanor, the sanction level is one;
41-37 (2) for a Class A or B misdemeanor, other than a
41-38 misdemeanor involving the use or possession of a firearm, or for
41-39 delinquent conduct under Section 51.03(a)(2) or (3), the sanction
41-40 level is two;
41-41 (3) for a misdemeanor involving the use or possession
41-42 of a firearm or for a state jail felony or a felony of the third
41-43 degree, the sanction level is three;
41-44 (4) for a felony of the second degree, the sanction
41-45 level is four; or
41-46 (5) for a felony of the first degree, the sanction
41-47 level is five or six.
41-48 (b) If the child's subsequent act of delinquent conduct or
41-49 conduct indicating a need for supervision involves a violation of a
41-50 penal law of a classification that is the same as or greater than
41-51 the classification of the child's previous conduct, the juvenile
41-52 court or probation department shall assign the child a sanction
41-53 level that is at least one level higher than the previously
41-54 assigned sanction level, unless the previously assigned sanction
41-55 level is six.
41-56 (c) If the child's previous sanction level is four or five
41-57 and the child's subsequent act of delinquent conduct is of the
41-58 grade of felony, the juvenile court shall assign the child a
41-59 sanction level that is at least one level higher than the
41-60 previously assigned sanction level.
41-61 Sec. 59.09. JUVENILE BOARD. (a) A juvenile board may
41-62 provide programs and services to implement progressive sanctions
41-63 guidelines for sanction levels one through five.
41-64 (b) A juvenile board shall prepare a report to the Texas
41-65 Juvenile Probation Commission, at least quarterly on forms provided
41-66 by the commission, indicating the referrals, probation violations,
41-67 and commitments to the Texas Youth Commission that are handled
41-68 according to the progressive sanctions guidelines and the reasons
41-69 for assignments and deviations from the guidelines.
41-70 Sec. 59.10. REPORTS BY TEXAS JUVENILE PROBATION COMMISSION,
42-1 TEXAS YOUTH COMMISSION, AND CRIMINAL JUSTICE POLICY COUNCIL. (a)
42-2 The Texas Youth Commission shall prepare a report, at least
42-3 quarterly, indicating the actions under the progressive sanctions
42-4 guidelines and the reasons for assignments and deviations from the
42-5 guidelines.
42-6 (b) The Texas Juvenile Probation Commission and the Texas
42-7 Youth Commission shall compile the information obtained under this
42-8 section and Section 59.09 and submit a joint report of the findings
42-9 at least annually to the governor, both houses of the legislature,
42-10 and the Criminal Justice Policy Council indicating the primary
42-11 reasons for assignments and deviations and the impact of guideline
42-12 implementation on recidivism.
42-13 (c) The Criminal Justice Policy Council shall analyze the
42-14 information compiled by the Texas Juvenile Probation Commission and
42-15 the Texas Youth Commission under this section and submit the
42-16 council's findings and recommendations at least annually to the
42-17 governor and both houses of the legislature.
42-18 SECTION 53. Subchapter D, Chapter 264, Family Code, as added
42-19 by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
42-20 is amended to read as follows:
42-21 SUBCHAPTER D. SERVICES TO AT-RISK YOUTH
42-22 Sec. 264.301. SERVICES FOR <RUNAWAY AND> AT-RISK YOUTH. (a)
42-23 The department shall operate a program to provide services for
42-24 <runaway and other> children in at-risk situations and for the
42-25 families of those children.
42-26 (b) The services under this section may include:
42-27 (1) crisis family intervention;
42-28 (2) emergency short-term residential care;
42-29 (3) family counseling;
42-30 (4) parenting skills training; <and>
42-31 (5) youth coping skills training;
42-32 (6) mentoring; and
42-33 (7) advocacy training.
42-34 Sec. 264.302. EARLY YOUTH INTERVENTION SERVICES. (a) This
42-35 section applies to a child who:
42-36 (1) is seven years of age or older and under 17 years
42-37 of age; and
42-38 (2) has not had the disabilities of minority for
42-39 general purposes removed under Chapter 31.
42-40 (b) The department shall operate a program under this
42-41 section to provide services for children in at-risk situations and
42-42 for the families of those children.
42-43 (c) The department may not provide services under this
42-44 section to a child who has at any time been referred to juvenile
42-45 court for engaging in conduct that violates a penal law of this
42-46 state of the grade of felony other than a state jail felony.
42-47 (d) The department may provide services under this section
42-48 to a child who engages in conduct for which the child may be found
42-49 by a court to be an at-risk child, without regard to whether the
42-50 conduct violates a penal law of this state of the grade of felony
42-51 other than a state jail felony, if the child was younger than 10
42-52 years of age at the time the child engaged in the conduct.
42-53 (e) The department shall provide services, directly or by
42-54 contract, for a child and the child's family if the child is
42-55 referred to the department as an at-risk child by:
42-56 (1) a court under Section 264.304;
42-57 (2) a juvenile court or probation department as part
42-58 of a progressive sanctions program under Chapter 59;
42-59 (3) a law enforcement officer or agency under Section
42-60 52.03; or
42-61 (4) a justice or municipal court under Section 54.022.
42-62 (f) The services under this section may include:
42-63 (1) crisis family intervention;
42-64 (2) emergency short-term residential care for children
42-65 10 years of age or older;
42-66 (3) family counseling;
42-67 (4) parenting skills training;
42-68 (5) youth coping skills training;
42-69 (6) advocacy training; and
42-70 (7) mentoring.
43-1 Sec. 264.303. COMMENCEMENT OF CIVIL ACTION FOR DETERMINATION
43-2 OF AT-RISK CHILDREN. (a) The department may file a civil action
43-3 to request any district court or county court, other than a
43-4 juvenile court, to determine that a child is an at-risk child. A
43-5 person with whom the department contracts to provide services under
43-6 Section 264.302 may file an action under this section if the
43-7 department has approved the filing.
43-8 (b) Notice of the action must be provided to:
43-9 (1) the child;
43-10 (2) the parent, managing conservator, or guardian of
43-11 the child; and
43-12 (3) any other member of the child's household who may
43-13 be affected by an order of the court if the court finds that the
43-14 child is an at-risk child.
43-15 (c) A person served with notice of the action may, but is
43-16 not required, to file a written answer. Any answer must be filed
43-17 before the hearing on the action begins.
43-18 Sec. 264.304. HEARING; DETERMINATION OF AT-RISK CHILD. (a)
43-19 Unless a later date is requested by the department, the court shall
43-20 set a date and time for the hearing not later than 30 days after
43-21 the date the action is filed.
43-22 (b) The court is the trier of fact at the hearing.
43-23 (c) The court shall determine that the child is an at-risk
43-24 child if the court finds that the child has engaged in the
43-25 following conduct:
43-26 (1) conduct, other than a traffic offense, that
43-27 violates:
43-28 (A) the penal laws of this state of the grade of
43-29 misdemeanor or state jail felony; or
43-30 (B) the penal ordinances of any political
43-31 subdivision of this state;
43-32 (2) the unexcused voluntary absence of the child on 10
43-33 or more days or parts of days within a six-month period or three or
43-34 more days or parts of days within a four-week period from school
43-35 without the consent of the child's parent, managing conservator, or
43-36 guardian;
43-37 (3) the voluntary absence of the child from the
43-38 child's home without the consent of the child's parent, managing
43-39 conservator, or guardian for a substantial length of time or
43-40 without intent to return;
43-41 (4) conduct that violates the laws of this state
43-42 prohibiting driving while intoxicated or under the influence of
43-43 intoxicating liquor (first or second offense) or driving while
43-44 under the influence of any narcotic drug or of any other drug to a
43-45 degree that renders the child incapable of safely driving a vehicle
43-46 (first or second offense); or
43-47 (5) conduct that evidences a clear and substantial
43-48 intent to engage in any behavior described by Subdivisions (1)-(4).
43-49 (d) The court may not determine that a child is an at-risk
43-50 child if the court finds that the child has engaged in conduct
43-51 violating the penal laws of this state of the grade of felony other
43-52 than a state jail felony.
43-53 Sec. 264.305. COURT ORDER FOR SERVICES. (a) Except as
43-54 provided by Subsection (b), if the court finds that the child is an
43-55 at-risk child under Section 264.304, the court may order the child,
43-56 the child's parent, managing conservator, or guardian or any other
43-57 member of the child's household to participate in services provided
43-58 by the department under Section 264.302 and contained in a plan
43-59 approved by the court.
43-60 (b) The court may order an at-risk child to participate in
43-61 services involving emergency short-term residential care only if
43-62 the court finds that the child engaged in conduct described by
43-63 Section 264.304(c)(1), (2), (3), or (4).
43-64 (c) An order rendered by a court under this section expires
43-65 not later than six months after the date the order was rendered.
43-66 Sec. 264.306. SANCTIONS. (a) A child who violates a court
43-67 order under Section 264.305 by failing to participate in services
43-68 provided by the department engages in conduct indicating a need for
43-69 supervision and the department shall refer the child to an
43-70 appropriate juvenile authority for proceedings under Title 3 for
44-1 that conduct.
44-2 (b) A parent, managing conservator, guardian, or other
44-3 member of the child's household who violates a court order under
44-4 Section 264.305 by failing to participate in services provided by
44-5 the department is subject to contempt of court. The court may
44-6 under its contempt powers impose a community service requirement.
44-7 SECTION 54. Subchapter C, Chapter 61, Human Resources Code,
44-8 is amended by adding Section 61.047 to read as follows:
44-9 Sec. 61.047. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
44-10 EDUCATION. Subject to an appropriation for the purpose of
44-11 implementing this section, the commission shall provide education
44-12 in violence prevention and conflict resolution that includes
44-13 discussion of domestic violence and child abuse issues to all
44-14 children in its custody.
44-15 SECTION 55. Section 61.077, Human Resources Code, is amended
44-16 to read as follows:
44-17 Sec. 61.077. MENTALLY ILL OR RETARDED CHILD. (a) If the
44-18 commission determines that a child committed to it is mentally ill
44-19 <or retarded>, the commission, without delay, shall return the
44-20 child to the court of original jurisdiction for appropriate
44-21 disposition or shall request that the court in the county where the
44-22 child is located take any action required by the condition of the
44-23 child.
44-24 (b) The commission shall accept a child committed to the
44-25 commission who is mentally retarded.
44-26 SECTION 56. Subchapter E, Chapter 61, Human Resources Code,
44-27 is amended by adding Sections 61.0785 and 61.0786 to read as
44-28 follows:
44-29 Sec. 61.0785. EARLY REFERRAL OF VIOLENT OR HABITUAL
44-30 OFFENDERS FOR TRANSFER. After a child sentenced to commitment to
44-31 the commission with a determinate sentence with possible transfer
44-32 to the institutional division or the pardons and paroles division
44-33 of the Texas Department of Criminal Justice under Section
44-34 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
44-35 of age but before the child becomes 18 years of age, the commission
44-36 may refer the child to the juvenile court that entered the order of
44-37 commitment for approval of the child's transfer to the
44-38 institutional division of the Texas Department of Criminal Justice
44-39 if:
44-40 (1) the child has failed to make sufficient progress
44-41 toward rehabilitation; or
44-42 (2) the child has failed to conform to the
44-43 commission's requirements.
44-44 Sec. 61.0786. REFERRAL OF VIOLENT OR HABITUAL OFFENDER FOR
44-45 PAROLE. (a) After a child sentenced to commitment to the
44-46 commission with a determinate sentence with possible transfer to
44-47 the institutional division or the pardons and paroles division of
44-48 the Texas Department of Criminal Justice under Section 54.04(d)(3),
44-49 54.04(m), or 54.05(f), Family Code, completes two years of the
44-50 child's sentence, the commission may refer the child to the
44-51 juvenile court that entered the order of commitment for approval of
44-52 the child's transfer to the pardons and paroles division of the
44-53 Texas Department of Criminal Justice if the child:
44-54 (1) is not older than 16 years and six months of age;
44-55 and
44-56 (2) will have completed the child's sentence before
44-57 the child's 18th birthday.
44-58 (b) Except as provided by Subsection (c), the commission may
44-59 refer a child to the juvenile court for a subsequent transfer
44-60 hearing under Section 54.11, Family Code, not earlier than the
44-61 second anniversary after the date:
44-62 (1) the juvenile court entered an order returning the
44-63 child to the custody of the commission after a previous hearing
44-64 under Section 54.11, Family Code; or
44-65 (2) a parole panel entered an order revoking the
44-66 parole of the child and recommitting the child to the Texas Youth
44-67 Commission under Section 29, Article 42.18, Code of Criminal
44-68 Procedure.
44-69 (c) The commission shall refer a child to the juvenile court
44-70 for a subsequent transfer hearing under Section 54.11, Family Code,
45-1 on the first anniversary after the date the juvenile court entered
45-2 an order under Section 54.11(k), Family Code, returning the child
45-3 to the custody of the commission if the juvenile court specified at
45-4 the previous hearing that the child was to be referred on that
45-5 date.
45-6 SECTION 57. Section 61.079, Human Resources Code, is amended
45-7 to read as follows:
45-8 Sec. 61.079. REFERRAL OF VIOLENT OR HABITUAL OFFENDERS FOR
45-9 TRANSFER <REVIEW>. (a) Except as provided by Section 61.0785 or
45-10 61.0786, not earlier than <During> the sixth month before the month
45-11 in which a person committed to the commission under a determinate
45-12 sentence becomes 18 years old or later than the person's 19th
45-13 birthday, the commission shall refer the person <send> to the
45-14 juvenile court that entered the order of commitment for approval <a
45-15 notice> of the person's transfer to the institutional division or
45-16 the pardons and paroles division of the Texas Department of
45-17 Criminal Justice <Corrections> if:
45-18 (1) the person will not have completed the sentence
45-19 before the person's 19th <18th> birthday; and
45-20 (2) the person has not been finally released by the
45-21 commission with the approval of the juvenile court that entered the
45-22 order of commitment.
45-23 (b) The commission shall cooperate with the court on any
45-24 proceeding on the transfer <release> of a person.
45-25 SECTION 58. Section 61.081, Human Resources Code, is amended
45-26 by amending Subsection (f) and adding Subsection (h) to read as
45-27 follows:
45-28 (f) If a child under the age of 18 is committed to the
45-29 commission under a determinate sentence under Section 54.04(d)(3),
45-30 Section 54.04(m), or Section 54.05(f), Family Code, the commission
45-31 may not release the child under supervision of the commission.
45-32 <without approval of the juvenile court that entered the order of
45-33 commitment. The commission may request the approval of the court
45-34 under this section at any time.>
45-35 (h) The commission may not release under supervision under
45-36 this section a person who is 18 years of age or older.
45-37 SECTION 59. Subchapter F, Chapter 61, Human Resources Code,
45-38 is amended by adding Section 61.0812 to read as follows:
45-39 Sec. 61.0812. TREATMENT FOR SUBSTANCE ABUSE. Subject to an
45-40 express appropriation to fund the treatment programs required by
45-41 this section, the commission may not release a child under
45-42 supervision or parole a child if:
45-43 (1) the child has a substance abuse problem, including
45-44 the use of a controlled substance, hazardous inhalable substances,
45-45 or alcohol habitually; and
45-46 (2) the child has not completed a treatment program
45-47 for the problem.
45-48 SECTION 60. Section 61.084, Human Resources Code, is amended
45-49 to read as follows:
45-50 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
45-51 provided by Subsections (b) and (e) <(c)>, if a person is committed
45-52 to the commission under a determinate sentence under Section
45-53 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
45-54 the commission may not discharge or transfer the person from its
45-55 custody <before the person's 18th birthday> without the approval of
45-56 the juvenile court that entered the order of commitment.
45-57 (b) The commission shall discharge without a court hearing
45-58 a person who is in the custody of the commission and who was
45-59 committed to it for a determinate sentence under Section
45-60 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
45-61 <who has not been transferred to the Texas Department of Criminal
45-62 Justice or discharged under a court order> on the date that the
45-63 time spent by the person in detention in connection with the
45-64 committing case plus the time spent at the Texas Youth Commission
45-65 under the order of commitment equals the period of the determinate
45-66 sentence.
45-67 (c) The commission shall transfer to the institutional
45-68 division or the pardons and paroles division of the Texas
45-69 Department of Criminal Justice a person who is the subject of an
45-70 order under Section 54.11(i), (j), or (k) <54.11(i)(2)>, Family
46-1 Code, transferring the person to the custody of the institutional
46-2 division or the pardons and paroles division of the Texas
46-3 Department of Criminal Justice for the completion of the person's
46-4 determinate sentence.
46-5 (d) The commission shall discharge from its custody a person
46-6 not already discharged or transferred on the person's 21st
46-7 birthday.
46-8 (e) The commission may transfer a person who has been
46-9 committed to the commission without a determinate sentence under
46-10 Section 54.04(d)(2) or 54.05, Family Code, and is 17 years of age
46-11 or older to the custody of the pardons and paroles division of the
46-12 Texas Department of Criminal Justice as provided by Section 29,
46-13 Article 42.18, Code of Criminal Procedure, except that:
46-14 (1) the parole may not extend beyond the 21st birthday
46-15 of the person; and
46-16 (2) if the parole panel revokes the person's parole,
46-17 the panel may not, solely as a result of the revocation, commit the
46-18 person to the institutional division of the Texas Department of
46-19 Criminal Justice beyond the 21st birthday of the person.
46-20 SECTION 61. Subchapter G, Chapter 61, Human Resources Code,
46-21 is amended by adding Section 61.0911 to read as follows:
46-22 Sec. 61.0911. COORDINATED STRATEGIC PLAN. The commission
46-23 shall biennially develop with the Texas Juvenile Probation
46-24 Commission a coordinated strategic plan as required by Section
46-25 141.0471.
46-26 SECTION 62. Chapter 61, Human Resources Code, is amended by
46-27 adding Subchapter H to read as follows:
46-28 SUBCHAPTER H. YOUTH BOOT CAMP PROGRAMS
46-29 Sec. 61.101. YOUTH BOOT CAMP PROGRAMS. (a) The commission
46-30 may establish a youth boot camp program to which children may be
46-31 committed as a condition of probation and may employ necessary
46-32 personnel to operate the youth boot camps.
46-33 (b) The commission, in consultation with the Texas Juvenile
46-34 Probation Commission, may develop a program of moral, academic,
46-35 vocational, physical, and correctional training and activities in
46-36 which a child committed to a youth boot camp as an intermediate
46-37 sanction under Section 54.12(a)(1), Family Code, is required to
46-38 participate, and the commission shall conduct programs in order to
46-39 educate the child as to the conditions under which children
46-40 committed to the Texas Youth Commission and the institutional
46-41 division of the Texas Department of Criminal Justice live.
46-42 (1) The commission may refuse to accept a child
46-43 proposed to be placed in an intermediate sanction facility under
46-44 Section 54.04(d)(1)(C), Family Code, if:
46-45 (A) the commission determines that the services
46-46 and level of security at the facility are inappropriate for the
46-47 child; or
46-48 (B) space for the child is not available.
46-49 (2) In determining whether space is available in an
46-50 intermediate sanction facility for a child on probation, the
46-51 commission shall consider the extent the county from which the
46-52 child is to be placed, in comparison to other counties, has
46-53 exceeded targeted levels for annual commitments to the commission
46-54 without relying on placements in an intermediate care facility.
46-55 (3) The commission may return to the juvenile court a
46-56 child on probation in an intermediate facility at any time the
46-57 commission determines that:
46-58 (A) the services and level of security at the
46-59 facility are not appropriate for the child; or
46-60 (B) the child's return is necessary to prevent
46-61 overcrowding of the facility.
46-62 (4) The placement of a child in an intermediate
46-63 sanction facility under Section 54.04(d)(1)(C), Family Code, is not
46-64 a commitment to the commission, and the child may not be
46-65 transferred by the commission to, or be a resident of, any other
46-66 type of commission facility other than a medical facility.
46-67 (c) The commission, in consultation with the Texas Juvenile
46-68 Probation Commission, shall develop guidelines for a program of
46-69 physical and correctional training and military-style discipline
46-70 for children committed to youth boot camps to be operated by local
47-1 probation departments for violating the conditions of parole as
47-2 determined under Section 61.084 of this code under Section
47-3 54.12(a)(2), Family Code.
47-4 (d) The commission shall develop a program of physical and
47-5 correctional training and military-style discipline for children
47-6 committed to youth boot camp facilities under Section 54.12(a)(3),
47-7 Family Code.
47-8 (e) The commission shall adopt rules of conduct for children
47-9 participating in the program under this section.
47-10 Sec. 61.102. CONTRACTS WITH PRIVATE VENDORS. The commission
47-11 may contract with a private vendor for the financing, construction,
47-12 operation, maintenance, or management of a youth boot camp. The
47-13 commission may not award a contract under this section unless the
47-14 commission requests proposals and receives a proposal that meets or
47-15 exceeds, in addition to requirements specified in the request for
47-16 proposals, the requirements specified in Section 61.103.
47-17 Sec. 61.103. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
47-18 PRIVATE VENDORS. (a) Any contract entered into by the commission
47-19 with a private vendor for the financing, construction, operation,
47-20 maintenance, or management of a youth boot camp under Section
47-21 61.102 must comply with the following requirements:
47-22 (1) a person proposing to enter into a contract with
47-23 the commission under this section must demonstrate the
47-24 qualifications and the operations and management experience to
47-25 carry out the terms of the contract; and
47-26 (2) in addition to meeting the requirements specified
47-27 in the requests for proposals, a proposal must:
47-28 (A) provide for regular, on-site monitoring by
47-29 the commission;
47-30 (B) offer a level and quality of programs at
47-31 least equal to those provided by any other state-run youth boot
47-32 camp;
47-33 (C) permit the commission to terminate the
47-34 contract for cause, including as cause the failure of the private
47-35 vendor to meet the conditions required by this section and other
47-36 conditions required by the contract;
47-37 (D) if the proposal includes construction of a
47-38 facility, contain a performance bond approved by the commission
47-39 that is adequate and appropriate for the proposed contract;
47-40 (E) provide for assumption of liability by the
47-41 private vendor for all claims arising from the services performed
47-42 under the contract by the private vendor;
47-43 (F) provide for an adequate plan of insurance
47-44 for the private vendor and its officers, guards, employees, and
47-45 agents against all claims, including claims based on violations of
47-46 civil rights arising from the services performed under the contract
47-47 by the private vendor; and
47-48 (G) provide for an adequate plan of insurance to
47-49 protect the commission against all claims arising from the services
47-50 performed under the contract by the private vendor and to protect
47-51 the commission from actions by a third party against the private
47-52 vendor and its officers, guards, employees, and agents as a result
47-53 of the contract.
47-54 (b) A private vendor operating under a contract authorized
47-55 by this subchapter may not claim sovereign immunity in a suit
47-56 arising from the services performed under the contract by the
47-57 private vendor. This subsection does not deprive the private
47-58 vendor or the commission of the benefit of any law limiting
47-59 exposure to liability, setting a limit on damages, or establishing
47-60 a defense to liability.
47-61 SECTION 63. Chapter 61, Human Resources Code, is amended by
47-62 adding Subchapter I to read as follows:
47-63 SUBCHAPTER I. INDUSTRIES PROGRAM
47-64 Sec. 61.121. PURPOSE; IMPLEMENTATION. The purposes of the
47-65 commission industries program are:
47-66 (1) to provide adequate employment and vocational
47-67 training for children; and
47-68 (2) to develop and expand public and private
47-69 commission industries.
47-70 Sec. 61.122. ADVISORY COMMITTEE. (a) A commission
48-1 industries advisory committee is created consisting of nine members
48-2 appointed by the commission.
48-3 (b) Members serve staggered three-year terms, with the terms
48-4 of three members expiring February 1 of each odd-numbered year.
48-5 (c) In making appointments under this section, the
48-6 commission shall endeavor to include representatives of industries
48-7 appropriate for hiring children committed to the commission.
48-8 Sec. 61.123. PAY AND DISTRIBUTION OF PAY. The commission
48-9 shall apportion wages earned by a child working under the
48-10 industries program in amounts determined at the discretion of the
48-11 commission, in the following priority:
48-12 (1) a person to whom the child has been ordered by a
48-13 court or to whom the child has agreed to pay restitution;
48-14 (2) a person to whom the child has been ordered by a
48-15 court to pay child support; and
48-16 (3) the child's student account.
48-17 Sec. 61.124. INDUSTRIES FUND. (a) A Texas Youth Commission
48-18 industries program fund is created in the state treasury.
48-19 (b) Proceeds from the operation of the industries program
48-20 shall be deposited in the fund.
48-21 (c) Money from the fund may only be appropriated for use by
48-22 the commission for the administration of this subchapter.
48-23 (d) Sections 403.094 and 403.095, Government Code, do not
48-24 apply to the fund.
48-25 Sec. 61.125. CONTRACTS. To encourage the development and
48-26 expansion of the industries program, the commission may enter into
48-27 necessary contracts related to the program.
48-28 Sec. 61.126. DONATIONS. The industries program may be
48-29 financed through contributions donated for this purpose by private
48-30 businesses contracting with the commission.
48-31 Sec. 61.127. GRANTS. (a) The industries office may accept
48-32 a grant for the vocational rehabilitation of children.
48-33 (b) The commission shall maintain a record of the receipt
48-34 and disbursement of a grant and shall annually report to the
48-35 lieutenant governor and the speaker of the house of representatives
48-36 on the administration of grant funds.
48-37 Sec. 61.128. LEASE OF LAND. (a) The commission may lease
48-38 land owned by the commission to a private business to expand and
48-39 develop the industries program.
48-40 (b) The term of the lease may not exceed 20 years.
48-41 (c) The business must lease the land at fair market value.
48-42 (d) The business may construct a new facility on the land or
48-43 convert an existing facility.
48-44 Sec. 61.129. CERTIFICATION FOR FRANCHISE CREDIT. The
48-45 commission shall prepare and issue a certification that a
48-46 corporation requires for the franchise tax credit for wages paid as
48-47 provided by Subchapter M, Chapter 171, Tax Code.
48-48 Sec. 61.130. OPTIONAL AD VALOREM TAX ABATEMENT. (a) A
48-49 business contracting with the industries office may enter into an
48-50 ad valorem tax abatement agreement under Subchapters B and C,
48-51 Chapter 312, Tax Code, with the governing body of the municipality
48-52 and county in which the business is located.
48-53 (b) If an area in which businesses contracting with the
48-54 industries office under this subchapter is designated as a
48-55 reinvestment zone under Chapter 312, Tax Code, the area satisfies
48-56 Section 312.202(a)(6), Tax Code, in that the area would be
48-57 reasonably likely as a result of the designation to contribute to
48-58 the retention or expansion of primary employment or to attract
48-59 major investment in the zone that would be a benefit to the
48-60 property and that would contribute to the economic development of
48-61 the entity designating the area as a reinvestment zone.
48-62 SECTION 64. Subchapter C, Chapter 141, Human Resources Code,
48-63 is amended by adding Section 141.0431 to read as follows:
48-64 Sec. 141.0431. VIOLENCE PREVENTION AND CONFLICT RESOLUTION
48-65 TRAINING. Subject to an appropriation for the purpose of
48-66 implementing this section, the commission shall:
48-67 (1) provide training on request to juvenile probation
48-68 departments and juvenile boards in violence prevention and conflict
48-69 resolution programs; and
48-70 (2) encourage the inclusion of a violence prevention
49-1 and conflict resolution program as a condition of probation.
49-2 SECTION 65. Subchapter C, Chapter 141, Human Resources Code,
49-3 is amended by adding Sections 141.0432, 141.0433, and 141.0434 to
49-4 read as follows:
49-5 Sec. 141.0432. YOUTH BOOT CAMP PROGRAMS. (a) The
49-6 commission shall work with local juvenile boards and local juvenile
49-7 probation departments to establish policies and guidelines for
49-8 youth boot camp programs for children.
49-9 (b) The commission, local juvenile boards, and local
49-10 juvenile probation departments may work together to develop a
49-11 program of physical and correctional training and military-style
49-12 discipline for children committed to youth boot camps for violating
49-13 the conditions of probation as determined under Section
49-14 54.04(d)(1), Family Code, under Section 54.12(a)(2), Family Code.
49-15 (c) The commission, local juvenile boards, and local
49-16 juvenile probation departments shall adopt rules of conduct for
49-17 children participating in the program under this section.
49-18 (d) Local juvenile boards and local juvenile probation
49-19 departments may enter into agreements with each other to jointly
49-20 establish regional youth boot camps.
49-21 (e) Local juvenile probation departments may contract with
49-22 the Texas Youth Commission to provide services to persons who
49-23 violate conditions of parole as determined under Section 61.075.
49-24 Sec. 141.0433. CONTRACTS WITH PRIVATE VENDORS. The
49-25 commission may contract with a private vendor for the financing,
49-26 construction, operation, maintenance, or management of a youth boot
49-27 camp. The commission may not award a contract under this
49-28 subsection unless the commission requests proposals and receives a
49-29 proposal that meets or exceeds, in addition to requirements
49-30 specified in the request for proposals, the requirements specified
49-31 in Section 141.0434.
49-32 Sec. 141.0434. ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
49-33 PRIVATE VENDORS. (a) Any contract entered into by the commission
49-34 with a private vendor for the financing, construction, operation,
49-35 maintenance, or management of a youth boot camp under Section
49-36 141.0433 must comply with the following requirements:
49-37 (1) a person proposing to enter into a contract with
49-38 the commission under this section must demonstrate the
49-39 qualifications and the operations and management experience to
49-40 carry out the terms of the contract; and
49-41 (2) in addition to meeting the requirements specified
49-42 in the requests for proposals, a proposal must:
49-43 (A) provide for regular, on-site monitoring by
49-44 the commission;
49-45 (B) offer a level and quality of programs at
49-46 least equal to those provided by any other state-run youth boot
49-47 camp;
49-48 (C) permit the commission to terminate the
49-49 contract for cause, including as cause the failure of the private
49-50 vendor to meet the conditions required by this section and other
49-51 conditions required by the contract;
49-52 (D) if the proposal includes construction of a
49-53 facility, contain a performance bond approved by the commission
49-54 that is adequate and appropriate for the proposed contract;
49-55 (E) provide for assumption of liability by the
49-56 private vendor for all claims arising from the services performed
49-57 under the contract by the private vendor;
49-58 (F) provide for an adequate plan of insurance
49-59 for the private vendor and its officers, guards, employees, and
49-60 agents against all claims, including claims based on violations of
49-61 civil rights arising from the services performed under the contract
49-62 by the private vendor; and
49-63 (G) provide for an adequate plan of insurance to
49-64 protect the commission against all claims arising from the services
49-65 performed under the contract by the private vendor and to protect
49-66 the commission from actions by a third party against the private
49-67 vendor and its officers, guards, employees, and agents as a result
49-68 of the contract.
49-69 (b) A private vendor operating under a contract authorized
49-70 by this subchapter may not claim sovereign immunity in a suit
50-1 arising from the services performed under the contract by the
50-2 private vendor. This subsection does not deprive the private
50-3 vendor or the commission of the benefit of any law limiting
50-4 exposure to liability, setting a limit on damages, or establishing
50-5 a defense to liability.
50-6 SECTION 66. Subchapter C, Chapter 141, Human Resources Code,
50-7 is amended by adding Section 141.0471 to read as follows:
50-8 Sec. 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
50-9 JUSTICE SYSTEM. (a) The commission and the Texas Youth Commission
50-10 shall biennially develop a coordinated strategic plan which shall
50-11 guide, but not substitute for, the strategic plans developed
50-12 individually by the agencies.
50-13 (b) The plan shall:
50-14 (1) identify short-term and long-term policy goals;
50-15 (2) identify time frames and strategies for meeting
50-16 the goals identified under Subdivision (1);
50-17 (3) estimate population projections, including
50-18 projections of population characteristics;
50-19 (4) estimate short-term and long-term capacity,
50-20 programmatic, and funding needs;
50-21 (5) describe intensive service and surveillance parole
50-22 pilot programs to be jointly developed;
50-23 (6) include an evaluation of aftercare services
50-24 emphasizing concrete outcome measures, including recidivism and
50-25 educational progress;
50-26 (7) identify objective criteria for the various
50-27 decision points throughout the continuum of juvenile justice
50-28 services and sanctions to guard against disparate treatment of
50-29 minority youth; and
50-30 (8) identify cross-agency outcome measures by which to
50-31 evaluate the effectiveness of the system generally.
50-32 (c) Each agency shall by rule adopt the coordinated
50-33 strategic plan on or before December 1st of each odd-numbered year,
50-34 or before the adoption of the agency's individual strategic plan,
50-35 whichever is earlier.
50-36 SECTION 67. Section 141.042, Human Resources Code, is
50-37 amended to read as follows:
50-38 Sec. 141.042. RULES GOVERNING JUVENILE BOARDS, PROBATION
50-39 DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES. (a)
50-40 The commission shall adopt reasonable rules that provide:
50-41 (1) minimum standards for personnel, staffing, case
50-42 loads, programs, facilities, record keeping, equipment, and other
50-43 aspects of the operation of a juvenile board that are necessary to
50-44 provide adequate and effective probation services;
50-45 (2) a code of ethics for probation officers and for
50-46 the enforcement of that code;
50-47 (3) appropriate educational, preservice and in-service
50-48 training, and certification standards for probation officers or
50-49 court-supervised community-based program personnel; and
50-50 (4) minimum standards for juvenile detention
50-51 facilities.
50-52 (b) In adopting the rules prescribed by Subsection (a), the
50-53 commission shall consider local information and evidence gathered
50-54 through public review and comment.
50-55 (c) The commission at least annually shall determine whether
50-56 each juvenile detention facility, including each locally operated
50-57 post-adjudication facility, is in compliance with the commission's
50-58 minimum standards. This subsection applies to facilities used to
50-59 detain a child before, during, and after the adjudication of the
50-60 child.
50-61 (d) The commission shall develop for voluntary use by
50-62 juvenile probation departments a standard assessment tool for the
50-63 initial assessment of children under the jurisdiction of probation
50-64 departments. The commission shall give priority to training in the
50-65 use of this tool in any preservice or in-service training that the
50-66 commission provides for probation officers. The assessment tool
50-67 shall:
50-68 (1) facilitate assessment of a child's mental health,
50-69 family background, and level of education; and
50-70 (2) assist juvenile probation departments in
51-1 determining when a child in the department's jurisdiction is in
51-2 need of comprehensive psychological or other evaluation.
51-3 (e) The commission shall monitor compliance with alternative
51-4 referral programs adopted by juvenile boards under Section 53.01,
51-5 Family Code.
51-6 SECTION 68. Section 141.085(a), Human Resources Code, is
51-7 amended to read as follows:
51-8 (a) The commission shall refuse, reduce, or suspend payment
51-9 of state aid to:
51-10 (1) a juvenile board that fails to comply with the
51-11 commission's rules or fails to maintain local financial support; or
51-12 (2) a county that fails to comply with the minimum
51-13 standards for juvenile detention and other locally operated
51-14 detention facilities adopted by the commission under Section
51-15 141.042.
51-16 SECTION 69. Subchapter E, Chapter 141, Human Resources Code,
51-17 is amended by adding Section 141.086 to read as follows:
51-18 Sec. 141.086. FUNDING AND CONSTRUCTION OF POST-ADJUDICATION
51-19 FACILITIES. (a) The commission may provide state aid to a county
51-20 to acquire, construct, and equip post-adjudication residential or
51-21 day-treatment centers from money appropriated for those purposes.
51-22 The facilities may be used for children who are placed on probation
51-23 by a juvenile court under Section 54.04, Family Code, as an
51-24 alternative to commitment to the facilities of the Texas Youth
51-25 Commission.
51-26 (b) State funds provided to counties under Subsection (a)
51-27 must be matched by local funds equal to at least one-fourth of the
51-28 state funds.
51-29 (c) From money appropriated for construction of the
51-30 facilities described by Subsection (a), the commission shall
51-31 contract with the Texas Department of Criminal Justice for
51-32 construction management services, including:
51-33 (1) evaluation of project plans and specifications;
51-34 and
51-35 (2) review and comment on the selection of architects
51-36 and engineers, change orders, and sufficiency of project
51-37 inspection.
51-38 (d) On completion of the review of project plans and
51-39 specifications under Subsection (c), the Texas Department of
51-40 Criminal Justice shall issue a comprehensive report that states in
51-41 detail the proposed cost of the project. The commission shall use
51-42 the report in making a comparative evaluation of proposed projects
51-43 and shall give priority to the projects the commission finds are
51-44 the most effective and economical.
51-45 (e) The commission may not award money for a capital
51-46 construction project for a facility under this section unless the
51-47 commission receives from the commissioners court of the county
51-48 intending to use the facility a written commitment that the
51-49 commissioners court has reviewed and accepted the conditions of the
51-50 award. If more than one county intends to use the facility, the
51-51 commission must receive from each county a written commitment that
51-52 the county will agree with the other counties to an interlocal
51-53 contract to operate the facility in accordance with the conditions
51-54 of the award.
51-55 (f) A county receiving state aid under this section shall
51-56 adhere to commission standards for the construction and operation
51-57 of a post-adjudication secure residential facility.
51-58 (g) For a facility constructed under this section, the
51-59 following amounts may be appropriated:
51-60 (1) not more than 50 percent of the operating costs of
51-61 the facility during the 1997 fiscal year; and
51-62 (2) not more than 25 percent of the operating costs of
51-63 the facility during each of the 1998 and 1999 fiscal years.
51-64 (h) It is the intent of the legislature to appropriate the
51-65 full amount of money authorized under Subsection (g)(2).
51-66 (i) On and after September 1, 1999, a facility constructed
51-67 under this section must be operated entirely by the county using
51-68 the facility.
51-69 (j) The commission shall conduct an annual audit of the
51-70 operating costs for a fiscal year of a facility constructed under
52-1 this section for each fiscal year through fiscal year 1999. The
52-2 commission shall submit a report on the results of the audit to the
52-3 Legislative Budget Board and the governor not later than the 60th
52-4 day after the last day of the fiscal year covered by the audit.
52-5 (k) In this section, "operating costs" means the operating
52-6 costs of a facility at an 80-percent occupancy rate.
52-7 SECTION 70. Section 152.0007, Human Resources Code, is
52-8 amended to read as follows:
52-9 Sec. 152.0007. DUTIES. (a) The juvenile board shall:
52-10 (1) establish a juvenile probation department and
52-11 employ personnel to conduct probation services, including a chief
52-12 probation officer and, if more than one officer is necessary,
52-13 assistant officers, who meet the standards set by the Texas
52-14 Juvenile Probation Commission; and
52-15 (2) operate or supervise juvenile services in the
52-16 county and make recommendations as to the need for and purchase of
52-17 services.
52-18 (b) The juvenile board shall consult with the advisory
52-19 council before exercising a duty under this section.
52-20 (c) The juvenile board shall establish guidelines for the
52-21 initial assessment of a child by the juvenile probation department.
52-22 The guidelines shall provide a means for assessing a child's mental
52-23 health status, family background, and level of education. The
52-24 guidelines shall assist the probation department in determining
52-25 whether a comprehensive psychological evaluation of the child
52-26 should be conducted. The board shall require that probation
52-27 department personnel use assessment information compiled by the
52-28 child's school, if the information is available, before conducting
52-29 a comprehensive psychological evaluation of the child. The board
52-30 may adopt all or part of the Texas Juvenile Probation Commission's
52-31 minimum standards for assessment under Section 141.042 in complying
52-32 with this subsection.
52-33 SECTION 71. Section 152.0010, Human Resources Code, is
52-34 amended by amending Subsection (a) and adding Subsection (d) to
52-35 read as follows:
52-36 (a) Except as provided by Subsection (d), each <Each>
52-37 juvenile board shall appoint an advisory council consisting of not
52-38 more than nine citizen members, including:
52-39 (1) a prosecuting attorney as defined by Section
52-40 51.02, Family Code;
52-41 (2) a mental health professional;
52-42 (3) a medical health professional; and
52-43 (4) a representative of the education community.
52-44 (d) A prosecuting attorney who is appointed to a juvenile
52-45 board under Subchapter D may not serve on the advisory council.
52-46 The juvenile board is not required to appoint a prosecuting
52-47 attorney to the advisory council if the only eligible prosecuting
52-48 attorney is appointed to the juvenile board.
52-49 SECTION 72. Subchapter A, Chapter 152, Human Resources Code,
52-50 is amended by adding Section 152.0011 to read as follows:
52-51 Sec. 152.0011. LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH
52-52 PRIVATE VENDORS. (a) The juvenile board or local probation
52-53 department may establish a youth boot camp and employ necessary
52-54 personnel to operate the camp.
52-55 (b) The juvenile board or local probation departments may
52-56 contract with a private vendor for the financing, construction,
52-57 operation, maintenance, or management of a youth boot camp in the
52-58 same manner as the state. The juvenile board may not award a
52-59 contract under this subsection unless the board requests proposals
52-60 and receives a proposal that meets or exceeds, in addition to
52-61 requirements specified in the request for proposals, the
52-62 requirements specified in Section 141.0434.
52-63 (c) A juvenile board youth boot camp must offer a program
52-64 that complies with the requirements of the youth boot camps set
52-65 forth in Section 141.0432.
52-66 (d) If a juvenile board or its designee determines that a
52-67 child is not complying with the rules of conduct promulgated by the
52-68 commission or is medically or psychologically unsuitable for the
52-69 program, the board shall terminate the child's participation in the
52-70 program and request the sentencing court to reassume custody of the
53-1 child.
53-2 SECTION 73. Subchapter B, Chapter 152, Human Resources Code,
53-3 is amended by adding Section 152.00325 to read as follows:
53-4 Sec. 152.00325. PROSECUTING ATTORNEY MEMBER OF JUVENILE
53-5 BOARD. (a) Notwithstanding Section 152.0031, the members of each
53-6 juvenile board, including those created under Subchapters C and D,
53-7 shall appoint to the board a prosecuting attorney, as that term is
53-8 defined by Section 51.02, Family Code, for the county the juvenile
53-9 board serves.
53-10 (b) If the county served by the juvenile board has only one
53-11 prosecuting attorney, that attorney serves on the board. If the
53-12 county served by the juvenile board has more than one prosecuting
53-13 attorney, the members of the board shall select a prosecuting
53-14 attorney and the attorney serves a two-year term that expires
53-15 January 31 of each even-numbered year.
53-16 (c) If the juvenile board serves more than one county, the
53-17 members of the board shall appoint to the board a prosecuting
53-18 attorney from each county.
53-19 (d) A prosecuting attorney serving on the juvenile board is
53-20 not entitled to compensation for service on the board except as
53-21 permitted by this subsection. The commissioners court may
53-22 reasonably compensate the prosecuting attorney for the attorney's
53-23 additional duties relating to service on the juvenile board in any
53-24 amount not to exceed the amount of compensation paid to any other
53-25 member of the board for service on the board.
53-26 SECTION 74. Section 8.07, Penal Code, is amended to read as
53-27 follows:
53-28 Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
53-29 person may not be prosecuted for or convicted of any offense that
53-30 he committed when younger than 15 years of age except:
53-31 (1) perjury and aggravated perjury when it appears by
53-32 proof that he had sufficient discretion to understand the nature
53-33 and obligation of an oath;
53-34 (2) a violation of a penal statute cognizable under
53-35 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
53-36 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
53-37 which violates the laws of this state prohibiting driving while
53-38 intoxicated or under the influence of intoxicating liquor (first or
53-39 subsequent offense) or driving while under the influence of any
53-40 narcotic drug or of any other drug to a degree which renders him
53-41 incapable of safely driving a vehicle (first or subsequent
53-42 offense)>;
53-43 (3) a violation of a motor vehicle traffic ordinance
53-44 of an incorporated city or town in this state;
53-45 (4) a misdemeanor punishable by fine only other than
53-46 public intoxication; <or>
53-47 (5) a violation of a penal ordinance of a political
53-48 subdivision; or
53-49 (6) a violation of a penal statute that is, or is a
53-50 lesser included offense of, a capital felony or a felony of the
53-51 first degree for which the person is transferred to the court under
53-52 Section 54.02, Family Code, for prosecution if the person committed
53-53 the offense when 14 years of age or older.
53-54 (b) Unless the juvenile court waives jurisdiction under
53-55 Section 54.02, Family Code, and certifies the individual for
53-56 criminal prosecution or the juvenile court has previously waived
53-57 jurisdiction under that section and certified the individual for
53-58 criminal prosecution, a person may not be prosecuted for or
53-59 convicted of any offense committed before reaching 17 years of age
53-60 except an offense described by Subsections (a)(1)-(6)<:>
53-61 <(1) perjury and aggravated perjury when it appears by
53-62 proof that he had sufficient discretion to understand the nature
53-63 and obligation of an oath;>
53-64 <(2) a violation of a penal statute cognizable under
53-65 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
53-66 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
53-67 conduct which violates the laws of this state prohibiting driving
53-68 while intoxicated or under the influence of intoxicating liquor
53-69 (first or subsequent offense) or driving while under the influence
53-70 of any narcotic drug or of any other drug to a degree which renders
54-1 him incapable of safely driving a vehicle (first or subsequent
54-2 offense);>
54-3 <(3) a violation of a motor vehicle traffic ordinance
54-4 of an incorporated city or town in this state;>
54-5 <(4) a misdemeanor punishable by fine only other than
54-6 public intoxication; or>
54-7 <(5) a violation of a penal ordinance of a political
54-8 subdivision>.
54-9 (c) <Unless the juvenile court waives jurisdiction and
54-10 certifies the individual for criminal prosecution, a person who has
54-11 been alleged in a petition for an adjudication hearing to have
54-12 engaged in delinquent conduct or conduct indicating a need for
54-13 supervision may not be prosecuted for or convicted of any offense
54-14 alleged in the juvenile court petition or any offense within the
54-15 knowledge of the juvenile court judge as evidenced by anything in
54-16 the record of the juvenile court proceedings.>
54-17 <(d)> No person may, in any case, be punished by death for
54-18 an offense committed while he was younger than 17 years.
54-19 SECTION 75. Section 12.42, Penal Code, is amended by adding
54-20 Subsection (f) to read as follows:
54-21 (f) For the purposes of Subsections (a)-(c) and (e), an
54-22 adjudication by a juvenile court under Section 54.03, Family Code,
54-23 that a child engaged in delinquent conduct constituting a felony
54-24 offense for which the child is committed to the Texas Youth
54-25 Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code,
54-26 or Section 54.05(f), Family Code, is a final felony conviction.
54-27 SECTION 76. Chapter 4, Code of Criminal Procedure, is
54-28 amended by adding Article 4.18 to read as follows:
54-29 Art. 4.18. TRANSFER OF JURISDICTION FROM JUVENILE COURT.
54-30 (a) A claim that a district court or criminal district court does
54-31 not have jurisdiction over a person because jurisdiction is
54-32 exclusively in the juvenile court and that the juvenile court could
54-33 not waive jurisdiction under Section 8.07(a), Penal Code, or did
54-34 not waive jurisdiction under Section 8.07(b), Penal Code, must be
54-35 made by written motion in bar of prosecution filed with the court
54-36 in which criminal charges against the person are filed.
54-37 (b) The motion must be filed and presented to the presiding
54-38 judge of the court:
54-39 (1) if the defendant enters a plea of guilty or no
54-40 contest, before the plea;
54-41 (2) if the defendant's guilt or punishment is tried or
54-42 determined by a jury, before selection of the jury begins; or
54-43 (3) if the defendant's guilt is tried by the court,
54-44 before the first witness is sworn.
54-45 (c) Unless the motion is not contested, the presiding judge
54-46 shall promptly conduct a hearing without a jury and rule on the
54-47 motion. The party making the motion has the burden of establishing
54-48 by a preponderance of the evidence those facts necessary for the
54-49 motion to prevail.
54-50 (d) A person may not contest the jurisdiction of the court
54-51 on the ground that the juvenile court has exclusive jurisdiction
54-52 if:
54-53 (1) the person does not file a motion within the time
54-54 requirements of this article; or
54-55 (2) the presiding judge finds under Subsection (c)
54-56 that a motion made under this article does not prevail.
54-57 (e) An appellate court may review a trial court's
54-58 determination under this article, if otherwise authorized by law,
54-59 only after conviction in the trial court.
54-60 (f) A court that finds that it lacks jurisdiction over a
54-61 case because exclusive jurisdiction is in the juvenile court shall
54-62 transfer the case to the juvenile court as provided by Section
54-63 51.08, Family Code.
54-64 SECTION 77. Section 3(a), Article 37.07, Code of Criminal
54-65 Procedure, is amended to read as follows:
54-66 (a) Regardless of the plea and whether the punishment be
54-67 assessed by the judge or the jury, evidence may be offered by the
54-68 state and the defendant as to any matter the court deems relevant
54-69 to sentencing, including but not limited to the prior criminal
54-70 record of the defendant, his general reputation, his character, an
55-1 opinion regarding his character, the circumstances of the offense
55-2 for which he is being tried, and, notwithstanding Rules 404 and
55-3 405, Texas Rules of Criminal Evidence, any other evidence of an
55-4 extraneous crime or bad act that is shown beyond a reasonable doubt
55-5 by evidence to have been committed by the defendant or for which he
55-6 could be held criminally responsible, regardless of whether he has
55-7 previously been charged with or finally convicted of the crime or
55-8 act. A court may consider as a factor in mitigating punishment the
55-9 conduct of a defendant while participating in a program under
55-10 Chapter 17 of this code as a condition of release on bail.
55-11 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
55-12 Evidence, evidence may be offered by the state and the defendant of
55-13 an adjudication of delinquency based on a violation by the
55-14 defendant of a penal law of the grade of:
55-15 (1) a felony; or
55-16 (2) a misdemeanor punishable by confinement in jail
55-17 <unless:>
55-18 <(1) the adjudication is based on conduct committed
55-19 more than five years before the commission of the offense for which
55-20 the person is being tried; and>
55-21 <(2) in the five years preceding the date of the
55-22 commission of the offense for which the person is being tried, the
55-23 person did not engage in conduct for which the person has been
55-24 adjudicated as a delinquent child or a child in need of supervision
55-25 and did not commit an offense for which the person has been
55-26 convicted>.
55-27 SECTION 78. Chapter 217, Labor Code, is amended to read as
55-28 follows:
55-29 CHAPTER 217. JUVENILE OFFENDER PROGRAM <PROJECT RIO>
55-30 <(REINTEGRATION OF OFFENDERS)>
55-31 Sec. 217.001. Definitions. In this chapter:
55-32 (1) "Department" means the Texas Department of
55-33 Criminal Justice.
55-34 (2) "Institutional division" means the institutional
55-35 division of the department.
55-36 <(3) "Project RIO" means the project for reintegration
55-37 of offenders.>
55-38 Sec. 217.002. THE JUVENILE OFFENDER PROGRAM <Project Rio>.
55-39 The juvenile offender program <project for reintegration of
55-40 offenders> is a statewide employment referral program designed to
55-41 reintegrate into the labor force persons formerly confined in the
55-42 institutional division and persons committed to the Texas Youth
55-43 Commission.
55-44 Sec. 217.003. Administration. The department, the Texas
55-45 Youth Commission, and the commission shall cooperate to maximize
55-46 the effectiveness of the juvenile offender program <Project RIO>.
55-47 For that purpose, the commission shall administer the program
55-48 <project>.
55-49 Sec. 217.004. Memorandum of Understanding--Adoption.
55-50 (a) The department, <and> the commission, and the Texas Youth
55-51 Commission shall each adopt a memorandum of understanding that
55-52 establishes the respective responsibilities of each agency and of
55-53 the divisions within the department.
55-54 (b) The commission shall coordinate the development of the
55-55 memoranda <memorandum> of understanding. The department and the
55-56 Texas Youth Commission shall adopt rules as necessary to implement
55-57 their respective memoranda <the memorandum> and may amend the
55-58 memorandum and those rules as necessary.
55-59 Sec. 217.005. Memorandum of Understanding--Contents.
55-60 (a) The memorandum of understanding between the department and the
55-61 commission must establish the role of:
55-62 (1) the institutional division in ascertaining and
55-63 encouraging an inmate's chances for employment by:
55-64 (A) providing vocational and educational
55-65 assessment for the person while incarcerated in the division;
55-66 (B) developing a skills enhancement program for
55-67 the person while incarcerated, in cooperation with other
55-68 governmental, educational, and private entities, using available
55-69 public or private financial resources authorized by statute; and
55-70 (C) referring the person on release to the
56-1 program <project> through the person's parole officer;
56-2 (2) the community justice assistance division and the
56-3 pardons and paroles division of the department in:
56-4 (A) encouraging and referring persons to the
56-5 program <project>; and
56-6 (B) ensuring that those persons participate in
56-7 the program <project> and avail themselves of its services; and
56-8 (3) the commission in developing and maintaining a
56-9 statewide network for finding positions of employment that require
56-10 the skills possessed by program <project> participants and in
56-11 helping those participants to secure employment.
56-12 (b) The memorandum also must establish the methods by which
56-13 the commission shall coordinate its efforts under this chapter with
56-14 the operations of service providers operating under Chapter 301
56-15 (Texas Job-Training Partnership Act).
56-16 (c) The memorandum of understanding between the Texas Youth
56-17 Commission and the commission must establish the roles of the
56-18 institutional and community services division in the Texas Youth
56-19 Commission and the role of the commission in the same manner the
56-20 roles of the department and commission are established under
56-21 Subsections (a) and (b).
56-22 Sec. 217.006. PROGRAM <Project> Director. (a) The
56-23 administrator of the commission shall designate the director of the
56-24 juvenile offender program <Project RIO> to coordinate the efforts
56-25 of the affected state agencies and expedite the delivery of
56-26 services to participants in the program <project>, including
56-27 prospective employers.
56-28 (b) The program <project> director shall:
56-29 (1) propose, for adoption by the commission, standards
56-30 and guidelines for the operation of the program <project>;
56-31 (2) obtain information from appropriate state agencies
56-32 and offices affiliated with the program <project> to determine any
56-33 necessary changes in the program <project>;
56-34 (3) disseminate information statewide about the
56-35 program <project>; and
56-36 (4) train commission staff to assist in the operation
56-37 of affiliated services.
56-38 SECTION 79. Section 20, Article 42.18, Code of Criminal
56-39 Procedure, is amended to read as follows:
56-40 Sec. 20. INAPPLICABLE TO JUVENILES. (a) Except as provided
56-41 by Subsection (b) of this section, the <The> provisions of this
56-42 article shall not apply to parole from institutions for juveniles
56-43 or to temporary furloughs granted to an inmate by the institutional
56-44 division under Section 500.006, Government Code.
56-45 (b) The provisions of this article not in conflict with
56-46 Section 29 of this article apply to parole of a person from the
56-47 Texas Youth Commission under that section.
56-48 SECTION 80. Article 42.18, Code of Criminal Procedure, is
56-49 amended by adding Section 29 to read as follows:
56-50 Sec. 29. TRANSFER PAROLE. (a) Not later than the 90th day
56-51 before the date the Texas Youth Commission transfers a person to
56-52 the custody of the pardons and paroles division for release on
56-53 parole under Section 61.084(c) or (e), Human Resources Code, the
56-54 commission shall submit to the board all pertinent information
56-55 relating to the person, including:
56-56 (1) the juvenile court judgment;
56-57 (2) the circumstances of the person's delinquent
56-58 conduct;
56-59 (3) the person's previous social history and juvenile
56-60 court records;
56-61 (4) the person's physical and mental health record;
56-62 (5) a record of the person's conduct, employment
56-63 history, and attitude while committed to the commission;
56-64 (6) a record of the sentence time served by the person
56-65 at the commission; and
56-66 (7) any written comments or information provided by
56-67 the commission, local officials, or victims of the offense.
56-68 (b) Before the release of the person on parole, a parole
56-69 panel shall review the person's records and may interview the
56-70 person or any other person the panel deems is necessary to
57-1 determine the conditions of parole. The panel may impose any
57-2 reasonable condition of parole on the person that the panel may
57-3 impose on an adult prisoner under this article.
57-4 (c) The panel shall furnish the person with a contract
57-5 clearly describing the conditions and rules of parole. The person
57-6 must accept and sign the contract as a precondition to release on
57-7 parole.
57-8 (d) While on parole, the person remains in the legal custody
57-9 of the state and shall comply with the conditions of parole ordered
57-10 by a panel under this section.
57-11 (e) The period of parole for a person released to parole
57-12 under this section is the maximum term for which the person was
57-13 sentenced less calendar time actually served at the Texas Youth
57-14 Commission.
57-15 (f) Except as provided by Subsection (g), if a parole panel
57-16 revokes a person's parole, the panel may require the person to
57-17 serve the portion remaining of the person's sentence in the
57-18 institutional division. The panel may not recommit the person to
57-19 the Texas Youth Commission.
57-20 (g) If a parole panel revokes parole of a person who was
57-21 transferred to the pardons and paroles division under an order of a
57-22 juvenile court issued under Section 54.11(k), Family Code, the
57-23 panel may not require the person to serve the portion remaining of
57-24 the person's sentence in the institutional division. The panel
57-25 shall recommit the person to the Texas Youth Commission.
57-26 (h) The remaining portion of the person's sentence is
57-27 calculated without credit for the time from the date of the
57-28 person's release to the date of revocation.
57-29 (i) A parole panel may not assess a parole supervision fee
57-30 on a person transferred to the pardons and paroles division under
57-31 an order of a juvenile court issued under Section 54.11(k), Family
57-32 Code.
57-33 (j) For purposes of this article, a person released from the
57-34 Texas Youth Commission on parole under this section is deemed to
57-35 have been convicted of the offense for which the person has been
57-36 adjudicated.
57-37 (k) The Texas Youth Commission shall provide instruction for
57-38 parole officers relating to juvenile programs at the commission.
57-39 The Texas Youth Commission and the pardons and paroles division
57-40 shall enter into a memorandum of understanding relating to the
57-41 administration of this subsection.
57-42 SECTION 81. Chapter 44, Code of Criminal Procedure, is
57-43 amended by adding Article 44.47 to read as follows:
57-44 Art. 44.47. APPEAL OF TRANSFER FROM JUVENILE COURT. (a) A
57-45 defendant may appeal an order of a juvenile court certifying the
57-46 defendant to stand trial as an adult and transferring the defendant
57-47 to a criminal court under Section 54.02, Family Code.
57-48 (b) A defendant may appeal a transfer under Subsection (a)
57-49 only in conjunction with the appeal of a conviction of the offense
57-50 for which the defendant was transferred to criminal court.
57-51 (c) An appeal under this section is a criminal matter and is
57-52 governed by this code and the Texas Rules of Appellate Procedure
57-53 that apply to a criminal case.
57-54 SECTION 82. Section 2, Article 46.02, Code of Criminal
57-55 Procedure, is amended by adding Subsection (c) to read as follows:
57-56 (c) The court shall, within 90 days of the transfer of a
57-57 pending juvenile proceeding under Section 55.02(f) or 55.03(g),
57-58 Family Code, institute new proceedings under this chapter.
57-59 SECTION 83. Sections 21.3011(a), (b), (c), and (g),
57-60 Education Code, are amended to read as follows:
57-61 (a) In this section, "expulsion" means suspension of a
57-62 student from school for more than six school days within a semester
57-63 and a referral to the juvenile court. The term does not include
57-64 removal of a student to an alternative education program.
57-65 (b) A student may be removed from class and expelled with a
57-66 referral to the juvenile court without resort to an alternative
57-67 education program under Section 21.301 of this code if the student,
57-68 on school property or while attending a school-sponsored or
57-69 school-related activity on or off of school property:
57-70 (1) engages in conduct that contains the elements of
58-1 the offense of aggravated assault under Section 22.02, Penal Code,
58-2 sexual assault under Section 22.011, Penal Code, aggravated sexual
58-3 assault under Section 22.021, Penal Code, or terroristic threat
58-4 under Section 22.07, Penal Code <assaults a teacher or other
58-5 individual>;
58-6 (2) sells, gives, or delivers to another person or
58-7 possesses or uses or is under the influence of:
58-8 (A) marihuana or a controlled substance, as
58-9 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
58-10 Section 801 et seq.; or
58-11 (B) a dangerous drug, as defined by Chapter 483,
58-12 Health and Safety Code;
58-13 (3) sells, gives, or delivers to another person an
58-14 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
58-15 Code, or commits a serious act or offense while under the influence
58-16 of alcohol; or <on more than one occasion> possesses, uses, or is
58-17 under the influence of an alcoholic beverage;
58-18 (4) possesses a firearm as defined by Section
58-19 46.01(3), Penal Code, an illegal knife as defined by Section
58-20 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
58-21 Code, or a weapon listed as a prohibited weapon under Section
58-22 46.06, Penal Code;
58-23 (5) engages in conduct that contains the elements of
58-24 an offense relating to abusable glue or aerosol paint under
58-25 Sections 485.031 through 485.035, Health and Safety Code, or
58-26 relating to volatile chemicals under Chapter 484, Health and Safety
58-27 Code;
58-28 (6) engages in conduct that contains the elements of
58-29 the offense of arson under Section 28.02, Penal Code;
58-30 (7) engages in conduct that contains the elements of
58-31 the offense of criminal mischief under Section 28.03, Penal Code,
58-32 if the offense is punishable as a felony under that section; <or>
58-33 (8) engages in conduct that contains the elements of
58-34 the offense of public lewdness under Section 21.07, Penal Code;
58-35 (9) engages in conduct that contains the elements of
58-36 the offense of:
58-37 (A) murder under Section 19.02, Penal Code;
58-38 (B) capital murder under Section 19.03, Penal
58-39 Code; or
58-40 (C) criminal attempt, under Section 15.01, Penal
58-41 Code, to commit murder or capital murder;
58-42 (10) engages in conduct that contains the elements of
58-43 the offense of indecency with a child under Section 21.11, Penal
58-44 Code; or
58-45 (11) engages in conduct that contains the elements of
58-46 the offense of aggravated kidnapping under Section 20.04, Penal
58-47 Code.
58-48 (c) A student who, after having been placed in an
58-49 alternative education program under Section 21.301 of this code,
58-50 continues to engage in serious or persistent misbehavior that
58-51 violates the district's previously communicated written standards
58-52 of student conduct may be removed from class and expelled with a
58-53 referral to juvenile court.
58-54 (g) The board or its designee shall deliver a copy of the
58-55 order expelling the student to the student and the student's parent
58-56 or guardian. The board or its designee shall also deliver on or
58-57 before the second working day after the date of the expulsion
58-58 hearing a copy of the order and any other information required by
58-59 Section 52.04, Family Code, to the authorized officer of the
58-60 juvenile court in the county in which the student resides. The
58-61 officer shall determine whether:
58-62 (1) a petition should be filed alleging that the
58-63 student is in need of supervision or engaged in delinquent conduct;
58-64 or
58-65 (2) the student should be referred to an appropriate
58-66 state agency.
58-67 SECTION 84. Section 21.002, Government Code, is amended by
58-68 amending Subsection (a) and adding Subsection (h) to read as
58-69 follows:
58-70 (a) Except as provided by Subsections <Subsection> (g) and
59-1 (h), a court may punish for contempt.
59-2 (h) A justice or municipal court may not punish by contempt
59-3 a person who engages in conduct that violates an order of the court
59-4 if the conduct of the person is delinquent conduct under Section
59-5 51.03(a)(3), Family Code. The justice or municipal court shall
59-6 refer the person to the juvenile court for engaging in the
59-7 delinquent conduct.
59-8 SECTION 85. Section 413.009, Government Code, is amended to
59-9 read as follows:
59-10 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
59-11 its duties the policy council shall:
59-12 (1) conduct an in-depth analysis of the criminal
59-13 justice system;
59-14 (2) determine the long-range needs of the criminal
59-15 justice system and recommend policy priorities for the system;
59-16 (3) identify critical problems in the criminal justice
59-17 system and recommend strategies to solve those problems;
59-18 (4) assess the cost-effectiveness of the use of state
59-19 and local funds in the criminal justice system;
59-20 (5) recommend means to improve the deterrent and
59-21 rehabilitative capabilities of the criminal justice system;
59-22 (6) advise and assist the legislature in developing
59-23 plans, programs, and proposed legislation for improving the
59-24 effectiveness of the criminal justice system;
59-25 (7) make computations of daily costs and compare
59-26 interagency costs on services provided by agencies that are a part
59-27 of the criminal justice system;
59-28 (8) make population computations for use in planning
59-29 for the long-range needs of the criminal justice system;
59-30 (9) determine long-range information needs of the
59-31 criminal justice system and acquire that information; and
59-32 (10) engage in other activities consistent with the
59-33 responsibilities of the policy council.
59-34 (b) In addition to the policy council's duties under
59-35 Section 413.008 and Subsection (a) of this section, the policy
59-36 council may perform any function described in Subsection (a) to
59-37 promote an effective and cohesive juvenile justice system.
59-38 (c) The policy council shall annually review the
59-39 effectiveness of the Texas Youth Commission's programs for the
59-40 rehabilitation and reestablishment in society of children committed
59-41 to the commission, including programs for sex offenders, capital
59-42 offenders, children who are chemically dependent, and emotionally
59-43 disturbed children. On or before December 31 of each year, the
59-44 policy council shall make a report on the effectiveness of the
59-45 programs to the Legislative Budget Board.
59-46 SECTION 86. Chapter 413, Government Code, is amended by
59-47 adding Section 413.022 to read as follows:
59-48 Sec. 413.022. EVALUATION OF THE YOUTH BOOT CAMP PROGRAMS.
59-49 (a) The policy council shall evaluate annually the effectiveness
59-50 of the youth boot camp programs.
59-51 (b) The policy council shall prepare and file a report with
59-52 the presiding officers of both houses of the legislature, the Texas
59-53 Juvenile Probation Commission, the Texas Youth Commission, and the
59-54 attorney general containing the council's findings and
59-55 recommendations under Subsection (a).
59-56 SECTION 87. Section 659.062(a), Government Code, is amended
59-57 to read as follows:
59-58 (a) An eligible employee is entitled to hazardous duty pay
59-59 of $7 a month for each year of service as an employee of this state
59-60 in a position that requires the performance of hazardous duty, not
59-61 to exceed 30 years of such service. Except as provided by
59-62 Subsection (c) or Section 659.063(b)(1), this hazardous duty pay is
59-63 instead of other hazardous duty or longevity pay.
59-64 SECTION 88. (a) Subchapter E, Chapter 659, Government Code,
59-65 is amended to conform to Section 1, Chapter 85, Acts of the 73rd
59-66 Legislature, Regular Session, 1993, by adding Section 659.063 and
59-67 is amended to read as follows:
59-68 Sec. 659.063. HAZARDOUS DUTY PAY: TEXAS YOUTH COMMISSION
59-69 EMPLOYEES. (a) An employee of the Texas Youth Commission who has
59-70 routine direct contact with youth placed in a residential facility
60-1 of the Texas Youth Commission or with youth released under the
60-2 commission's supervision may receive hazardous duty pay in an
60-3 amount that does not exceed the amount authorized by Section
60-4 659.062(a).
60-5 (b) Hazardous duty pay under this section:
60-6 (1) is subject to the conditions and limitations in
60-7 the General Appropriations Act, except that during periods when
60-8 Texas Youth Commission employees do not receive the full amount of
60-9 the hazardous duty pay for which they are eligible, they are
60-10 entitled to receive longevity pay for time accrued in a hazardous
60-11 duty position, but only until hazardous duty payments resume; and
60-12 (2) may not be made:
60-13 (A) from funds authorized for payment of an
60-14 across-the-board employee salary increase; or
60-15 (B) to an employee who works at the central
60-16 office of the commission or an employee whose work for the
60-17 commission involves only occasional contact with youth.
60-18 (c) The receipt of a payment under this section by an
60-19 employee does not qualify the employee for retirement benefits from
60-20 the law enforcement and custodial officer supplemental retirement
60-21 fund.
60-22 (b) Section 1, Chapter 85, Acts of the 73rd Legislature,
60-23 Regular Session, 1993, is repealed.
60-24 SECTION 89. Subchapter Z, Chapter 341, Local Government
60-25 Code, is amended by adding Section 341.904 to read as follows:
60-26 Sec. 341.904. JUVENILE CURFEW ORDINANCE IN GENERAL-LAW
60-27 MUNICIPALITY. The governing body of a general-law municipality may
60-28 adopt a curfew ordinance to regulate the movements or actions of
60-29 persons under 17 years of age, not inconsistent with state law,
60-30 that is for the good government, peace, public safety, or order of
60-31 the municipality. This authority includes the authority to:
60-32 (1) establish the hours of the curfew, including
60-33 different hours for different days of the week;
60-34 (2) apply different curfew hours to different age
60-35 groups of juveniles;
60-36 (3) describe the kinds of conduct subject to the
60-37 curfew;
60-38 (4) determine the locations to which the curfew
60-39 applies;
60-40 (5) determine which persons incur liability if a
60-41 violation of the curfew occurs;
60-42 (6) prescribe procedures a police officer or other
60-43 person must follow in enforcing the curfew; and
60-44 (7) establish exemptions from the curfew.
60-45 SECTION 90. Subchapter Z, Chapter 351, Local Government
60-46 Code, is amended by adding Section 351.903 to read as follows:
60-47 Sec. 351.903. JUVENILE CURFEW ORDER IN A COUNTY. The
60-48 commissioners court of a county by order may adopt a curfew
60-49 applying to the unincorporated area of the county to regulate the
60-50 movements or actions of persons under the age of 17, not
60-51 inconsistent with state law, that is for the good government,
60-52 peace, public safety, or order of the county. This authority
60-53 includes the authority to:
60-54 (1) establish the hours of the curfew, including
60-55 different hours for different days of the week;
60-56 (2) apply different curfew hours to different age
60-57 groups of juveniles;
60-58 (3) describe the kinds of conduct subject to the
60-59 curfew;
60-60 (4) determine the locations to which the curfew
60-61 applies;
60-62 (5) determine which persons incur liability if a
60-63 violation of the curfew occurs;
60-64 (6) prescribe procedures a police officer or other
60-65 person must follow in enforcing the curfew; and
60-66 (7) establish exemptions from the curfew.
60-67 SECTION 91. Chapter 171, Tax Code, is amended by adding
60-68 Subchapter M to read as follows:
60-69 SUBCHAPTER M. TAX CREDIT FOR WAGES PAID TO CERTAIN
60-70 CHILDREN COMMITTED TO TEXAS YOUTH COMMISSION
61-1 Sec. 171.681. DEFINITIONS. In this subchapter:
61-2 (1) "Commission" means the Texas Youth Commission.
61-3 (2) "Eligible child" means a person who:
61-4 (A) is committed to the commission under Title
61-5 3, Family Code, other than a commitment under a determinate
61-6 sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family
61-7 Code; and
61-8 (B) resides at a facility of the commission.
61-9 Sec. 171.682. CREDIT. A corporation that meets the
61-10 eligibility requirements under this subchapter is entitled to a
61-11 credit in the amount allowed by this subchapter against the tax
61-12 imposed under this chapter.
61-13 Sec. 171.683. CREDIT FOR WAGES PAID TO ELIGIBLE CHILD. (a)
61-14 The amount of the credit for wages paid by a corporation to an
61-15 eligible child is equal to 10 percent of that portion of the wages
61-16 the corporation paid to the eligible child or the commission for
61-17 the benefit of the child.
61-18 (b) A corporation is eligible for the credit under this
61-19 section only if it files, on or before the due date of its
61-20 franchise tax report for the privilege period for which the credit
61-21 is claimed, a written certification issued by the commission
61-22 stating the amount of the wages that the corporation paid to an
61-23 eligible child or to the commission for the benefit of the child
61-24 during:
61-25 (1) the privilege period; and
61-26 (2) not more than six months of the preceding
61-27 privilege period for wages for which a credit has not previously
61-28 been claimed.
61-29 (c) A corporation is eligible for the credit under this
61-30 section only if the eligible child to whom or for whose benefit it
61-31 pays wages has been continuously employed by the corporation for
61-32 not less than six months.
61-33 Sec. 171.684. CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
61-34 ELIGIBLE CHILD. (a) The amount of the credit for wages paid by a
61-35 corporation to an employee who was first employed by the
61-36 corporation when the employee was an eligible child is equal to 10
61-37 percent of the wages paid the employee.
61-38 (b) A corporation is eligible for the credit under this
61-39 section only if:
61-40 (1) the employee who was formerly an eligible child
61-41 was continuously employed for not less than six months while an
61-42 eligible child and has been continuously employed by the
61-43 corporation for at least one year after the date that the employee
61-44 was released from commitment to the commission or released under
61-45 supervision by the commission; and
61-46 (2) the nature of the employment is substantially
61-47 similar to the employment the employee had with the corporation
61-48 when the employee was an eligible child or the employment requires
61-49 more skills or provides greater opportunities for the employee.
61-50 (c) A corporation may claim a credit under this section only
61-51 for:
61-52 (1) wages paid an employee after the employee has been
61-53 employed by the corporation for more than one year after the
61-54 earlier of the date of the employee's release from commitment to
61-55 the commission or release under supervision by the commission; and
61-56 (2) wages paid the employee for not longer than one
61-57 year.
61-58 Sec. 171.685. LIMITATION. The total credits claimed under
61-59 this subchapter for a privilege period may not exceed 50 percent of
61-60 the amount of net franchise tax due for the privilege period after
61-61 any other applicable tax credits.
61-62 Sec. 171.686. APPLICATION FOR CREDIT. (a) A corporation
61-63 must apply for a credit under this subchapter on or with the tax
61-64 report for the period for which the credit is claimed.
61-65 (b) The comptroller shall promulgate a form for the
61-66 application for the credit. A corporation must use this form in
61-67 applying for the credit.
61-68 Sec. 171.687. PERIOD FOR WHICH CREDIT MAY BE CLAIMED. A
61-69 corporation may claim a credit under this subchapter for wages paid
61-70 during an accounting period only against the tax owed for the
62-1 corresponding privilege period.
62-2 SECTION 92. Article 4413(503), Revised Statutes, is amended
62-3 by adding Section 16 to read as follows:
62-4 Sec. 16. COMMUNITY YOUTH DEVELOPMENT GRANTS. Subject to
62-5 available funding, the department shall award community youth
62-6 development grants to identified communities by incidence of crime.
62-7 These grants are for the purpose of assisting communities in
62-8 alleviating family and community conditions that lead to juvenile
62-9 crime. The department shall give priority in awarding grants under
62-10 this section to areas of the state in which there is a high
62-11 incidence of crime committed by children.
62-12 SECTION 93. (a) Sections 51.14, 51.15, 51.16, and
62-13 53.045(e), Family Code, are repealed.
62-14 (b) Section 264.204, Family Code, as added by H.B. No. 655,
62-15 Acts of the 74th Legislature, Regular Session, 1995, is repealed.
62-16 SECTION 94. Not later than January 31, 1996, a juvenile
62-17 board shall appoint a prosecuting attorney as a member of the board
62-18 as required by Section 152.00325, Human Resources Code, as added by
62-19 this Act.
62-20 SECTION 95. Not later than April 31, 1996, the Texas Youth
62-21 Commission and the pardons and paroles division of the Texas
62-22 Department of Criminal Justice shall enter into a memorandum of
62-23 understanding in accordance with Section 29(k), Article 42.18, Code
62-24 of Criminal Procedure, as added by this Act.
62-25 SECTION 96. A corporation may claim the credit under
62-26 Subchapter M, Chapter 171, Tax Code, as added by this Act, only for
62-27 any wages paid or incurred on or after the effective date of this
62-28 Act and only on a franchise tax report due under Chapter 171, Tax
62-29 Code, on or after January 1, 1996.
62-30 SECTION 97. (a) The Texas Juvenile Probation Commission
62-31 shall promulgate rules to ensure that funds appropriated to the
62-32 commission by the General Appropriations Act, 74th Legislature,
62-33 Regular Session, 1995, for the purpose of implementing progressive
62-34 sanctions or basic state aid not be used by local juvenile
62-35 probation departments to supplant local contributions for juvenile
62-36 justice and corrections programs.
62-37 (b) The Texas Juvenile Probation Commission shall review the
62-38 financial records of juvenile probation departments for evidence of
62-39 supplantation as part of regular and periodic fiscal or program
62-40 audits and, on a finding of supplantation by a department, shall
62-41 reduce the next scheduled grant to the department by the amount of
62-42 funds supplanted.
62-43 (c) Supplantation includes a finding by the Texas Juvenile
62-44 Probation Commission that a juvenile probation department's per
62-45 employee average compensation and benefit package has increased
62-46 without a corresponding increase in total local funding.
62-47 (d) A juvenile board is eligible to receive basic and
62-48 diversion services funding only if the board demonstrates to the
62-49 satisfaction of the Texas Juvenile Probation Commission that the
62-50 amount of local or county money budgeted for juvenile services for
62-51 the county fiscal year, excluding construction and capital outlay
62-52 expenses, equals or is greater than the amount spent for those
62-53 services in the 1994 county fiscal year.
62-54 SECTION 98. (a) An amendment to any provision of Title 3,
62-55 Family Code, made by another Act of the 74th Legislature, Regular
62-56 Session, 1995, applies only to conduct that occurs on or after the
62-57 effective date of the other Act and before January 1, 1996. The
62-58 amendment made by the other Act continues in effect only for the
62-59 limited purpose of the prosecution of the conduct committed before
62-60 January 1, 1996.
62-61 (b) For purposes of this section, conduct violating the
62-62 penal law of this state occurs before January 1, 1996, only if
62-63 every element of the violation occurs before that date.
62-64 SECTION 99. (a) This Act takes effect January 1, 1996.
62-65 (b) This Act applies only to conduct that occurs on or after
62-66 the effective date of this Act. Conduct violating the penal law of
62-67 this state occurs on or after the effective date of this Act if
62-68 every element of the violation occurs on or after that date.
62-69 (c) Conduct that occurs before the effective date of this
62-70 Act is governed by the law in effect at the time the conduct
63-1 occurred, and that law is continued in effect for that purpose.
63-2 (d) This Act applies only to the appeal under Chapter 56,
63-3 Family Code, of an order by a juvenile court rendered on or after
63-4 the effective date of this Act. The appeal of an order rendered
63-5 before the effective date of this Act is governed by the law in
63-6 effect at the time the order was rendered, and that law is
63-7 continued in effect for that purpose.
63-8 (e) Section 54.02, Family Code, as amended by this Act, does
63-9 not require the juvenile court to transfer a person to a court of
63-10 criminal jurisdiction because the person has been transferred to a
63-11 criminal court for an offense before the effective date of this
63-12 Act.
63-13 SECTION 100. A designation by a municipality of a juvenile
63-14 curfew processing office for the detention of a person who is
63-15 alleged to have violated a curfew ordinance made before the
63-16 effective date of this Act is validated if the processing office
63-17 otherwise meets the requirements of Section 52.028, Family Code, as
63-18 added by this Act.
63-19 SECTION 101. The importance of this legislation and the
63-20 crowded condition of the calendars in both houses create an
63-21 emergency and an imperative public necessity that the
63-22 constitutional rule requiring bills to be read on three several
63-23 days in each house be suspended, and this rule is hereby suspended.
63-24 * * * * *