By Cuellar of Webb H.B. No. 991
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to provisions making restitution mandatory for a juvenile,
1-3 parent, custodian, or guardian when a juvenile is found to have
1-4 engaged in delinquent conduct or conduct indicating a need for
1-5 supervision in an adjudicated hearing for offenses involving crimes
1-6 against property; and creating a victim-offender mediation program
1-7 in the juvenile justice system.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Subchapter C, Chapter 141, Human Resources Code,
1-10 is amended by adding Section 141.050 to read as follows:
1-11 Sec. 141.050. VICTIM-OFFENDER MEDIATION. The commission
1-12 shall develop guidelines for voluntary victim-offender mediation
1-13 programs to be operated by juvenile boards in the counties.
1-14 SECTION 2. Subchapter A, Chapter 151, Human Resources Code,
1-15 is amended by adding Section 151.0011 to read as follows:
1-16 Sec. 151.0011. VOLUNTARY VICTIM-OFFENDER MEDIATION. The
1-17 juvenile board may establish a voluntary victim-offender mediation
1-18 program consistent with the guidelines promulgated by the juvenile
1-19 probation commission under Section 141.050 of this code.
1-20 SECTION 3. Subsection (d), Section 53.03, Family Code, is
1-21 amended to read as follows:
1-22 (d) An informal adjustment authorized by this section must
1-23 include, but is not limited to <may involve>:
2-1 (1) mandatory <voluntary> restitution by the child or
2-2 a <his> parent, custodian, or guardian of the child to the victim
2-3 of an offense in an amount to be determined by the probation
2-4 officer or other designated officer of the court or in an amount to
2-5 be agreed upon after victim-offender mediation in all instances
2-6 involving conduct the commission of which resulted in property
2-7 damage or loss or personal injury.
2-8 (2) personal services to a charitable or educational
2-9 institution in the manner prescribed by the probation officer or
2-10 other designated officer of the court in lieu of restitution, if
2-11 the child or parent, custodian, or guardian is unable to make full
2-12 or partial restitution or if restitution is not appropriate under
2-13 the circumstances <voluntary community service restitution by the
2-14 child>.
2-15 (3) In the event that a child is unable to satisfy the
2-16 requirement for mandatory restitution, the child's parents,
2-17 custodian, or guardian is financially liable. If the child or the
2-18 parent, custodian, or guardian fail to comply with the requirements
2-19 imposed by this subsection, further proceedings are authorized and
2-20 warranted under this code.
2-21 SECTION 4. Subsections (b) and (d), Section 54.032, Family
2-22 Code, are amended to read as follows:
2-23 (b) The teen court program must be approved by the court,
2-24 subject to the limitations provided in this subsection:<.>
2-25 (1) No teen court program may be approved, unless it
3-1 requires that the child or a parent, custodian, or guardian of the
3-2 child make restitution to the victim of the offense in an amount to
3-3 be determined by the court, if a child is found to have engaged in
3-4 delinquent conduct arising from the commission of an offense in
3-5 which property damage or loss or personal injury occurred.
3-6 (2) In the event that a child participating in the
3-7 teen court program is unable to satisfy this requirement, the
3-8 child's parents, custodian, or guardian is financially liable.
3-9 (3) If the child or parent is unable to make full or
3-10 partial restitution or if a restitution order is not appropriate
3-11 under the circumstances, the court may order the child to render
3-12 personal services to a charitable or educational institution in the
3-13 manner prescribed in the court order in lieu of restitution.
3-14 (4) Failure on the part of the child or the parent,
3-15 custodian, or guardian to comply with the requirements imposed by
3-16 this subsection will result in the child failing to complete the
3-17 teen court program.
3-18 (d) A case dismissed under this section shall remain a <may
3-19 not be> part of the child's records <for any purpose>.
3-20 SECTION 5. Subsection (b), Section 54.041, Family Code, is
3-21 amended to read as follows:
3-22 (b) If a child is found to have engaged in delinquent
3-23 conduct arising from the commission of an offense in which property
3-24 damage or loss or personal injury occurred, the juvenile court, on
3-25 notice to all persons affected and on hearing, shall <may> order
4-1 the child or a parent, custodian, or guardian of the child to make
4-2 full or partial restitution to the victim of the offense, as
4-3 provided in this subsection. If the court fails to order
4-4 restitution, the court shall state for the record the reasons why
4-5 restitution has not been ordered.
4-6 (1) The program of restitution must promote the
4-7 rehabilitation of the child, be appropriate to the age and
4-8 physical, emotional, and mental abilities of the child, and not
4-9 conflict with the child's schooling. When practicable and subject
4-10 to court supervision, the court may approve a restitution program
4-11 based on a settlement between the child and the victim of the
4-12 offense. An order under this subsection may provide for periodic
4-13 payments by the child or a parent, custodian, or guardian of the
4-14 child for the period specified in the order but that period may not
4-15 extend past the 18th birthday of the child.
4-16 (2) If the child or parent is unable to make full or
4-17 partial restitution or if a restitution order is not appropriate
4-18 under the circumstances, the court may order the child to render
4-19 personal services to a charitable or educational institution in the
4-20 manner prescribed in the court order in lieu of restitution.
4-21 (3) Restitution under this section is cumulative of
4-22 any other remedy allowed by law and may be used in addition to
4-23 other remedies; except that a victim of an offense is not entitled
4-24 to receive more than actual damages under a juvenile court order.
4-25 (4) A city, town, or county that establishes a program
5-1 to assist children in rendering personal services to a charitable
5-2 or educational institution as authorized by this subsection may
5-3 purchase insurance policies protecting the city, town, or county
5-4 against claims brought by a person other than the child for a cause
5-5 of action that arises from an act or the child while rendering
5-6 those services. The city, town, or county is not liable under this
5-7 Act to the extent that damages are recoverable under a contract or
5-8 insurance or under a plan of self-insurance authorized by statute.
5-9 The liability of the city, town, or county for a cause of action
5-10 that arises from an action of the child while rendering those
5-11 services may not exceed $100,000 to a single person and $300,000 of
5-12 a single occurrence in the case of personal injury or death, and
5-13 $10,000 for a single occurrence of property damage. Liability may
5-14 not extend to punitive or exemplary damages.
5-15 (5) This subsection does not waive a defense,
5-16 immunity, or jurisdictional bar available to the city, town, or
5-17 county or its officer or employees, not shall this Act be construed
5-18 to waive, repeal, or modify any provision of the Texas Tort Claims
5-19 Act, as amended (Civil Practice and Remedies Code, chapter 102
5-20 <Article 6252-19, Vernon's Texas Civil Statutes>).
5-21 SECTION 6. SEVERABILITY. If any section, sentence, clause,
5-22 or part of this Act shall, for any reason, be held invalid, such
5-23 invalidity shall not affect the remaining portions of the Act, and
5-24 it is hereby declared to be the intention of this legislature to
5-25 have passed each section, sentence, clause, or part irrespective of
6-1 the fact that any other section, sentence, clause, or part may be
6-2 declared invalid.
6-3 SECTION 7. CRIMINAL OFFENSES OR VIOLATIONS. (a) The
6-4 changes in law made by this Act apply only to an offense committed
6-5 or a violation that occurs on or after the effective date of this
6-6 Act. For the purposes of this Act, an offense is committed or a
6-7 violation occurs before the effective date of this Act if any
6-8 element of the offense or violation occurs before that date.
6-9 (b) An offense committed or violation that occurs before the
6-10 effective date of this Act is covered by the law in effect when the
6-11 offense was committed or the violation occurred, and the former law
6-12 is continued in effect for this purpose.
6-13 SECTION 8. EFFECTIVE DATE. This Act takes effect on
6-14 September 1, 1995.
6-15 SECTION 9. EMERGENCY. The importance of this legislation
6-16 and the crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bill to be read on three several days
6-19 in each house be suspended, and this rule is hereby suspended.