By Coleman                                            H.B. No. 1549
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the juvenile justice system, including the adjudication
    1-3  and disposition of children in need of supervision and children who
    1-4  engage in delinquent and criminal conduct; providing criminal
    1-5  penalties.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Subsections (a), (b), and (c), Section 34.54,
    1-8  Family Code, are amended to read as follows:
    1-9        (a)  This section applies to a child who is <seven years of
   1-10  age or older and> under 10 years of age.
   1-11        (b)  The Texas Department of Mental Health and Mental
   1-12  Retardation <department> shall provide, directly or by contract,
   1-13  services for a child and the child's family if the child is
   1-14  referred to the Texas Department of Mental Health and Mental
   1-15  Retardation <department> by a law enforcement agency for engaging
   1-16  in conduct described by Section 51.03 of this code.  The services
   1-17  may include in-home programs, parenting skills training, youth
   1-18  coping skills, and individual and family counseling.
   1-19        (c)  Except as provided by Subsection (d) of this section, on
   1-20  request of the Texas Department of Mental Health and Mental
   1-21  Retardation <department> a court may require the parent, managing
   1-22  conservator, guardian, or other member of the child's household to
   1-23  participate in the services provided by the Texas Department of
    2-1  Mental Health and Mental Retardation <department> and to allow the
    2-2  child and any siblings to participate.  If a parent, managing
    2-3  conservator, guardian, or other member of the child's household
    2-4  fails to follow the court's order, the court may impose community
    2-5  service as a sanction for contempt.
    2-6        SECTION 2.  Subdivision (1), Section 51.02, Family Code, is
    2-7  amended to read as follows:
    2-8              (1)  "Child" means a person for whom the juvenile court
    2-9  has or may exercise jurisdiction under Sections 51.035 and 51.036
   2-10  of this code <who is:>
   2-11                    <(A)  ten years of age or older and under 17
   2-12  years of age; or>
   2-13                    <(B)  seventeen years of age or older and under
   2-14  18 years of age who is alleged or found to have engaged in
   2-15  delinquent conduct or conduct indicating a need for supervision as
   2-16  a result of acts committed before becoming 17 years of age>.
   2-17        SECTION 3.  Chapter 51, Family Code, is amended by adding
   2-18  Sections 51.035 and 51.036 to read as follows:
   2-19        Sec. 51.035.  PERSONS FOR WHOM THE JUVENILE COURT HAS
   2-20  JURISDICTION:  AGE LIMITS.  (a)  The juvenile court has
   2-21  jurisdiction in a suit under this title over a person:
   2-22              (1)  younger than 17 years of age; or
   2-23              (2)  17 years of age or older and under 18 years of age
   2-24  who is alleged or found to have engaged in delinquent conduct or
   2-25  conduct indicating a need for supervision as a result of acts
    3-1  committed before becoming 17 years of age.
    3-2        (b)  The juvenile court does not have jurisdiction over a
    3-3  person younger than 10 years of age.
    3-4        Sec. 51.036.  PERSONS FOR WHOM THE JUVENILE COURT HAS
    3-5  JURISDICTION:  EXCEPTIONS.  (a)  The juvenile court does not have
    3-6  jurisdiction over a person for whom a criminal court has original
    3-7  jurisdiction unless the criminal court waives its jurisdiction and
    3-8  transfers the child to the juvenile court under Section 51.08.
    3-9        (b)  The juvenile court does not have jurisdiction over a
   3-10  person for whom the court has previously waived its exclusive
   3-11  original jurisdiction under Section 54.02 and transferred the
   3-12  person to a court for criminal proceedings.  The juvenile court
   3-13  resumes jurisdiction over the person transferred if:
   3-14              (1)  the person is remanded to the juvenile court after
   3-15  an examining trial;
   3-16              (2)  the person is not indicted by the grand jury;
   3-17              (3)  the person is found not guilty in the matter
   3-18  transferred;
   3-19              (4)  the matter is dismissed with prejudice; or
   3-20              (5)  the person is convicted of a lesser included
   3-21  offense classified as a misdemeanor.
   3-22        SECTION 4.  Subsection (b), Section 51.06, Family Code, is
   3-23  amended to read as follows:
   3-24        (b)  An application for a writ of habeas corpus brought by or
   3-25  on behalf of a person <child> who has been committed to an
    4-1  institution under the jurisdiction of the Texas Youth Commission
    4-2  and which attacks the validity of the judgment of commitment shall
    4-3  be brought in the county in which the court that entered the
    4-4  judgment of commitment is located.
    4-5        SECTION 5.  Subsections (b) and (c), Section 51.08, Family
    4-6  Code, are amended to read as follows:
    4-7        (b)  A court in which there is pending a complaint against a
    4-8  person whose age is within limits described by Section 51.035 of
    4-9  this code <child> alleging a violation of a misdemeanor offense
   4-10  punishable by fine only other than a traffic offense or public
   4-11  intoxication or a violation of a penal ordinance of a political
   4-12  subdivision other than a traffic offense:
   4-13              (1)  shall waive its original jurisdiction and refer
   4-14  the person <a child> to juvenile court if the person <child> has
   4-15  previously been convicted of:
   4-16                    (A)  two or more misdemeanors punishable by fine
   4-17  only other than a traffic offense or public intoxication;
   4-18                    (B)  two or more violations of a penal ordinance
   4-19  of a political subdivision other than a traffic offense; or
   4-20                    (C)  one or more of each of the types of
   4-21  misdemeanors described in Paragraph (A) or (B) of this subdivision;
   4-22  and
   4-23              (2)  may waive its original jurisdiction and refer the
   4-24  person <a child> to juvenile court if the person <child>:
   4-25                    (A)  has not previously been convicted of a
    5-1  misdemeanor punishable by fine only other than a traffic offense or
    5-2  public intoxication or a violation of a penal ordinance of a
    5-3  political subdivision other than a traffic offense; or
    5-4                    (B)  has previously been convicted of fewer than
    5-5  two misdemeanors punishable by fine only other than a traffic
    5-6  offense or public intoxication or two violations of a penal
    5-7  ordinance of a political subdivision other than a traffic offense.
    5-8        (c)  A court in which there is pending a complaint against a
    5-9  person whose age is within limits described by Section 51.035 of
   5-10  this code <child> alleging a violation of a misdemeanor offense
   5-11  punishable by fine only other than a traffic offense or public
   5-12  intoxication or a violation of a penal ordinance of a political
   5-13  subdivision other than a traffic offense shall notify the juvenile
   5-14  court of the county in which the court is located of the pending
   5-15  complaint and shall furnish to the juvenile court a copy of the
   5-16  final disposition of any matter for which the court does not waive
   5-17  its original jurisdiction under Subsection (b) of this section.
   5-18        SECTION 6.  Subsection (b), Section 51.09, Family Code, is
   5-19  conformed to Chapter 557, Acts of the 72nd Legislature, Regular
   5-20  Session, 1991, and amended to read as follows:
   5-21        (b)  Notwithstanding any of the provisions of Subsection (a)
   5-22  of this section, the statement of a child is admissible in evidence
   5-23  in any future proceeding concerning the matter about which the
   5-24  statement was given if:
   5-25              (1)  when the child is in a detention facility or other
    6-1  place of confinement or in the custody of an officer, the statement
    6-2  is made in writing and the statement shows that the child has at
    6-3  some time prior to the making thereof received from a magistrate a
    6-4  warning that:
    6-5                    (A)  the child may remain silent and not make any
    6-6  statement at all and that any statement that the child makes may be
    6-7  used in evidence against the child;
    6-8                    (B)  the child has the right to have an attorney
    6-9  present to advise the child either prior to any questioning or
   6-10  during the questioning;
   6-11                    (C)  if the child is unable to employ an
   6-12  attorney, the child has the right to have an attorney appointed to
   6-13  counsel with the child prior to or during any interviews with peace
   6-14  officers or attorneys representing the state;
   6-15                    (D)  the child has the right to terminate the
   6-16  interview at any time;
   6-17                    (E)  if the child is  15 years of age or older at
   6-18  the time of the violation of a penal law of the grade of felony the
   6-19  juvenile court may waive its jurisdiction and the child may be
   6-20  tried as an adult;
   6-21                    (F)  the child may be sentenced to commitment in
   6-22  the Texas Youth Commission with a transfer to the institutional
   6-23  division of the Texas Department of Criminal Justice for a term
   6-24  prescribed by Section 54.04(d) of this code <not to exceed 30
   6-25  years> if the child is found to have engaged in delinquent conduct,
    7-1  alleged in a petition approved by a grand jury, that included:
    7-2                          (i)  murder;
    7-3                          (ii)  capital murder;
    7-4                          (iii)  aggravated kidnapping;
    7-5                          (iv)  aggravated sexual assault;
    7-6                          (v)  aggravated robbery;
    7-7                          (vi)  aggravated assault;
    7-8                          (vii)  manslaughter;
    7-9                          (viii)  intoxication manslaughter;
   7-10                          (ix)  attempted murder <deadly assault on a
   7-11  law enforcement officer, corrections officer, court participant, or
   7-12  probation personnel>; <or>
   7-13                          (x) <(vi)>  attempted capital murder; or
   7-14  <and>
   7-15                          (xi)  injury to a child or an elderly or
   7-16  disabled person;
   7-17                    (G)  the child may be sentenced to commitment to
   7-18  the Texas Youth Commission with  a transfer to the institutional
   7-19  division of the Texas Department of Criminal Justice for a term
   7-20  prescribed by Section 54.04(d) of this code if:
   7-21                          (i)  the child is found to have engaged in
   7-22  conduct, alleged in a petition approved by a grand jury, that
   7-23  violates a penal law of the grade of felony, other than a state
   7-24  jail felony;
   7-25                          (ii)  the child has at least two previous
    8-1  final adjudications for conduct violating a penal law of the grade
    8-2  of felony; and
    8-3                          (iii)  at least one of the previous final
    8-4  adjudications described by Subparagraph (ii) of this paragraph is
    8-5  for conduct that occurred after the date a previous adjudication
    8-6  described by Subparagraph (ii) of this paragraph was rendered, if
    8-7  that adjudication became final;  and
    8-8                    (H)  the statement must be signed in the presence
    8-9  of a magistrate by the child with no law enforcement officer or
   8-10  prosecuting attorney present, except that a magistrate may require
   8-11  a bailiff or a law enforcement officer if a bailiff is not
   8-12  available to be present if the magistrate determines that the
   8-13  presence of the bailiff or law enforcement officer is necessary for
   8-14  the personal safety of the magistrate or other court personnel,
   8-15  provided that the bailiff or law enforcement officer may  not carry
   8-16  a weapon in the presence of the child.  The magistrate must be
   8-17  fully convinced that the child understands the nature and contents
   8-18  of the statement and that the child is signing the same
   8-19  voluntarily.  If such a statement is taken, the magistrate shall
   8-20  sign a written statement verifying the foregoing requisites have
   8-21  been met.
   8-22        The child must knowingly, intelligently, and voluntarily
   8-23  waive these rights prior to and during the making of the statement
   8-24  and sign the statement in the presence of a magistrate who must
   8-25  certify that he has examined the child independent of any law
    9-1  enforcement officer or prosecuting attorney, except as required to
    9-2  ensure the personal safety of the magistrate or other court
    9-3  personnel, and has determined that the child understands the nature
    9-4  and contents of the statement and has knowingly, intelligently, and
    9-5  voluntarily waived these rights.
    9-6              (2)  it be made orally and the child makes a statement
    9-7  of facts or circumstances that are found to be true, which conduct
    9-8  tends to establish his guilt, such as the finding of secreted or
    9-9  stolen property, or the instrument with which he states the offense
   9-10  was committed.
   9-11              (3)  the statement was res gestae of the  delinquent
   9-12  conduct or the conduct indicating a need for supervision or of the
   9-13  arrest.
   9-14        SECTION 7.  Subsection (c), Section 51.09, Family Code, as
   9-15  amended by Chapters 429 and 557, Acts of the 72nd Legislature,
   9-16  Regular Session, 1991, is reenacted and amended to read as follows:
   9-17        (c)  A warning under Subsection (b)(1)(E), <or> Subsection
   9-18  (b)(1)(F), or Subsection (b)(1)(G) of this section is required only
   9-19  when applicable to the facts of the case.  A failure to warn a
   9-20  child under  Subsection (b)(1)(E) of this section does not render a
   9-21  statement made by the child inadmissible unless the child is
   9-22  transferred to a criminal district court under Section 54.02 of
   9-23  this code.  A failure to warn a child under Subsection (b)(1)(F) or
   9-24  Subsection (b)(1)(G) of this section does not render a statement
   9-25  made by the child inadmissible unless the state proceeds against
   10-1  the child on a petition approved by a grand jury under Section
   10-2  53.045 of this code.
   10-3        SECTION 8.  Subsections (a), (c), and (d), Section 51.12,
   10-4  Family Code, are amended to read as follows:
   10-5        (a)  A person who is under the jurisdiction of the juvenile
   10-6  court may <Except after transfer to criminal court for prosecution
   10-7  under Section 54.02 of this code, a child shall> not be detained in
   10-8  or committed to a compartment of a jail or lockup in which adults
   10-9  arrested for, charged with, or convicted of crime are detained or
  10-10  committed, nor be permitted contact with such persons.  This
  10-11  subsection does not apply to a person:
  10-12              (1)  pending transfer to criminal court for prosecution
  10-13  under Section 54.02 of this code, if the person is at least 17
  10-14  years of age; or
  10-15              (2)  who is at least 18 years of age and who has been
  10-16  taken into custody after having:
  10-17                    (A)  escaped from a juvenile facility; or
  10-18                    (B)  violated a condition of probation or parole.
  10-19        (c)  In each county, the judge of the juvenile court and the
  10-20  members of the juvenile board shall personally inspect the
  10-21  detention facilities at least annually and shall certify in writing
  10-22  to the authorities responsible for operating and giving financial
  10-23  support to the facilities and to the Texas Juvenile Probation
  10-24  Commission that they are suitable or unsuitable for the detention
  10-25  of children in accordance with:
   11-1              (1)  the requirements of Subsection (a) of this
   11-2  section;
   11-3              (2)  the requirements of Subchapter A, Chapter 351,
   11-4  Local Government Code, if the detention facility is a county jail;
   11-5  and
   11-6              (3)  recognized professional standards for the
   11-7  detention of children deemed appropriate by the board and<, which
   11-8  may include> minimum standards promulgated by the Texas Juvenile
   11-9  Probation Commission.  The juvenile board shall annually provide to
  11-10  the Texas Juvenile Probation Commission a copy of the standards
  11-11  used under this section.
  11-12        (d)  A person who is under jurisdiction of a juvenile court
  11-13  may not <No child shall> be placed in a facility that has not been
  11-14  certified under Subsection (c) of this section as suitable for the
  11-15  detention of children.  A person <child> detained in violation of
  11-16  this subsection is <a facility that has not been certified under
  11-17  Subsection (c) of this section as suitable for the detention of
  11-18  children shall be> entitled to immediate release from custody in
  11-19  that facility.
  11-20        SECTION 9.  Subsections (b) and (c), Section 51.14, Family
  11-21  Code, are amended to read as follows:
  11-22        (b)  All files and records of a public or private agency or
  11-23  institution providing supervision of a child by arrangement of the
  11-24  juvenile court or having custody of the child under order of the
  11-25  juvenile court are open to inspection only by:
   12-1              (1)  the professional staff or consultants of the
   12-2  agency or institution, including other youth-serving public or
   12-3  private agencies with which the agency or institution has entered
   12-4  into a confidentiality agreement;
   12-5              (2)  the judge, probation officers, and professional
   12-6  staff or consultants of the juvenile court;
   12-7              (3)  an attorney for the child;
   12-8              (4)  with leave of the juvenile court, any other
   12-9  person, agency, or institution having a legitimate interest in the
  12-10  work of the agency or institution; <or>
  12-11              (5)  the institutional division of the Texas Department
  12-12  of Criminal Justice <Corrections>, the Department of Public Safety,
  12-13  and the Texas Juvenile Probation Commission, for the purpose of
  12-14  maintaining statistical records of recidivism, and for diagnosis
  12-15  and classification; or
  12-16              (6)  a law-enforcement agency for the purpose of:
  12-17                    (A)  identifying a child taken into custody for
  12-18  delinquent conduct or conduct indicating a need for supervision; or
  12-19                    (B)  determining a child's location, status, or
  12-20  supervising authority.
  12-21        (c)  Except as provided by this subsection, law-enforcement
  12-22  files and records concerning a child shall be kept separate from
  12-23  files and records of arrests of adults.  Copies of the
  12-24  law-enforcement files and records may <and shall> be maintained
  12-25  locally, but the original files and records shall be <on a local
   13-1  basis only and not> sent to a central state <or federal> depository
   13-2  maintained under Section 51.1501 of this code by the Department of
   13-3  Public Safety of the State of Texas.  The law-enforcement files and
   13-4  records of a person who is transferred from the Texas Youth
   13-5  Commission to the institutional division of the Texas Department of
   13-6  Criminal Justice <Corrections> under a determinate sentence may be
   13-7  transferred to a central state or federal depository for adult
   13-8  records on or after the date of transfer.  If a child has been
   13-9  reported as missing by a parent, guardian, or conservator of that
  13-10  child, has escaped from the custody of a juvenile detention
  13-11  facility, the Texas Youth Commission, or any other agency to which
  13-12  the child has been committed, or is the subject of a bench warrant
  13-13  or felony arrest warrant issued by a court after the child has fled
  13-14  the jurisdiction of the court, any information or records
  13-15  concerning that child may be transferred to and disseminated by the
  13-16  Texas Crime Information Center and the National Crime Information
  13-17  Center.
  13-18        SECTION 10.  Subsections (a), (b), (c), (e), and (f), Section
  13-19  51.15, Family Code, as amended by Chapters 385, 515, and 576, Acts
  13-20  of the 70th Legislature, Regular Session, 1987, are amended to read
  13-21  as follows:
  13-22        (a)  No child may be fingerprinted without the consent of the
  13-23  juvenile court  except as provided by this subsection or by
  13-24  Subsections (f) and (i) of this section.  A child's fingerprints
  13-25  may be taken and filed by a law-enforcement officer investigating a
   14-1  case if<:>
   14-2              <(1)>  the child is <15 years of age or older and is>
   14-3  referred to the juvenile court for conduct that constitutes a <any>
   14-4  felony<;> or a misdemeanor punishable by confinement in jail
   14-5              <(2)  the child is under 15 years of age and is
   14-6  referred to the juvenile court for a felony listed in Section
   14-7  53.045(a) of this code>.
   14-8        (b)  Except as provided in Subsections (h) and (i) of this
   14-9  section, no child taken into custody may be photographed without
  14-10  the consent of the juvenile court unless<:>
  14-11              <(1)>  the child is <15 years of age or older and is>
  14-12  referred to the juvenile court for conduct that constitutes a
  14-13  felony<;> or a misdemeanor punishable by confinement in jail
  14-14              <(2)  the child is under 15 years of age and is
  14-15  referred to the juvenile court for a felony listed in Section
  14-16  53.045(a) of this code>.
  14-17        (c)  Except as provided by this subsection, fingerprint and
  14-18  photograph files or records of children shall be  kept separate
  14-19  from those of adults<,> and shall be treated as provided for
  14-20  law-enforcement files and records under Section 51.14(c) of this
  14-21  code <fingerprints or photographs known to be those of a child
  14-22  shall be maintained on a local basis only and not sent to a central
  14-23  state or federal depository>.  The <However,> fingerprint and
  14-24  photograph files or records of a person who is transferred from the
  14-25  Texas Youth Commission to the institutional division of the Texas
   15-1  Department of Criminal Justice <Corrections> under Section 54.11 of
   15-2  this code <a determinate sentence> may be transferred to adult
   15-3  records on or after the date of transfer.  A person's <If a child
   15-4  has been reported as missing by a parent, guardian, or conservator
   15-5  of that child or a child has escaped from the custody of a juvenile
   15-6  detention facility, the Texas Youth Commission, or any other agency
   15-7  to which the child has been committed, the child's> fingerprints
   15-8  and photograph may be sent to and indexed into the files of the
   15-9  Department of Public Safety and the Federal Bureau of Investigation
  15-10  to aid in the location and identification of the person if the
  15-11  person:
  15-12              (1)  is younger than 18 years of age and has been
  15-13  reported as missing by a parent, guardian, or conservator of that
  15-14  child;
  15-15              (2)  is a child who has escaped from the custody of a
  15-16  juvenile detention facility to which the child has been committed;
  15-17  or
  15-18              (3)  has escaped from the custody of the Texas Youth
  15-19  Commission <child>.
  15-20        (e)  A child's fingerprints and photographs that are not
  15-21  transferred under Subsection (c) of this section shall be removed
  15-22  from files or records and destroyed if:
  15-23              (1)  a petition  alleging that the child engaged in
  15-24  delinquent conduct or conduct indicating a need for supervision is
  15-25  not filed, or the proceedings are dismissed after a petition is
   16-1  filed, or the child is found not to have engaged in the alleged
   16-2  conduct;
   16-3              (2)  the person reaches 23 <18> years of age<, is not
   16-4  subject to commitment to the Texas Youth Commission or to transfer
   16-5  under a determinate sentence to the Texas Department of
   16-6  Corrections,> and there is no record that the person <he> committed
   16-7  a criminal offense after reaching 17 years of age; or
   16-8              (3)  the person was committed to the Texas Youth
   16-9  Commission, the person is at least 23 years of age <older than 18
  16-10  years>, at least three years have elapsed after the person's
  16-11  release from commitment, and there is no evidence that the person
  16-12  <he> committed a criminal offense after the release.
  16-13        (f)  If latent fingerprints are found during the
  16-14  investigation of an offense, and a law-enforcement officer has
  16-15  reasonable cause to believe that they are those of a particular
  16-16  child, if otherwise authorized by law, he may fingerprint the child
  16-17  regardless of the age or offense for purpose of immediate
  16-18  comparison with the latent fingerprints.  If the comparison is
  16-19  negative, the fingerprint card and other copies of the fingerprints
  16-20  taken shall be destroyed immediately.  If the comparison is
  16-21  positive, and the child is referred to the juvenile court, the
  16-22  fingerprint card and other copies of the fingerprints taken shall
  16-23  be delivered to the court for disposition, except that one copy of
  16-24  the fingerprints may be maintained locally as part of the
  16-25  law-enforcement files and records for the child under Section
   17-1  51.14(c) of this code.  If the child is not referred to the court,
   17-2  the fingerprint card and other copies of the fingerprints taken
   17-3  shall be destroyed immediately.
   17-4        SECTION 11.  Chapter 51, Family Code, is amended by adding
   17-5  Section 51.1501 to read as follows:
   17-6        Sec. 51.1501.  CENTRAL DEPOSITORY.  (a)  The department shall
   17-7  maintain a central state depository for the files and records of
   17-8  persons:
   17-9              (1)  taken into custody under Section 52.01 for conduct
  17-10  constituting:
  17-11                    (A)  a misdemeanor punishable by confinement in
  17-12  jail; or
  17-13                    (B)  a felony; and
  17-14              (2)  referred to juvenile court or who participated in
  17-15  an informal adjustment program.
  17-16        (b)  The department's central depository shall contain:
  17-17              (1)  arrest records;
  17-18              (2)  case dispositions;
  17-19              (3)  fingerprints;
  17-20              (4)  photographs; and
  17-21              (5)  other information useful for the investigation and
  17-22  prosecution of criminal activity by a criminal combination.
  17-23        (c)  Records maintained by the department in the depository
  17-24  are subject to being sealed under Section 51.16.  The department
  17-25  shall maintain an index that identifies persons whose records have
   18-1  been sealed under Section 51.16 and the court that has custody of
   18-2  those records.
   18-3        (d)  The department may release information maintained under
   18-4  this section to the following only:
   18-5              (1)  a law enforcement agency;
   18-6              (2)  a juvenile probation department;
   18-7              (3)  the Department of Protective and Regulatory
   18-8  Services;
   18-9              (4)  the Texas Youth Commission;
  18-10              (5)  the Texas Juvenile Probation Commission;
  18-11              (6)  the attorney general;
  18-12              (7)  the Criminal Justice Policy Council;
  18-13              (8)  the Texas Department of Criminal Justice;
  18-14              (9)  an attorney representing a child who is a party to
  18-15  a proceeding under this title, if a juvenile court determines that
  18-16  the information is:
  18-17                    (A)  material to a proceeding; and
  18-18                    (B)  not privileged under law; or
  18-19              (10)  a defendant in a criminal proceeding who is:
  18-20                    (A)  the subject of information maintained by the
  18-21  department under this section; and
  18-22                    (B)  entitled to the discovery of the information
  18-23  under Chapter 39, Code of Criminal Procedure.
  18-24        (e)  A law enforcement agency or official may use information
  18-25  received under Subsection (d) for the following purposes only:
   19-1              (1)  to identify a child;
   19-2              (2)  to determine a child's location, status, or
   19-3  supervising authority; or
   19-4              (3)  for investigative or law enforcement purposes.
   19-5        (f)  An attorney representing a child may use information
   19-6  received under Subsection (d) only for the child's defense in a
   19-7  proceeding under this title.
   19-8        (g)  A defendant may use information received under
   19-9  Subsection (d) only for the defendant's defense in a criminal
  19-10  proceeding.
  19-11        (h)  In this section:
  19-12              (1)  "Combination" has the meaning assigned by Section
  19-13  71.01, Penal Code.
  19-14              (2)  "Department" means the Department of Public Safety
  19-15  of the State of Texas.
  19-16        SECTION 12.  Section 51.16, Family Code, is amended by
  19-17  amending Subsections (a), (b), (c), (d), and (e) and adding
  19-18  Subsections (m), (n), and (o) to read as follows:
  19-19        (a)  Except as otherwise provided by <Subsection (j) of> this
  19-20  section, the juvenile court shall order the sealing of  all files
  19-21  and records, including records specified in Sections 51.14 and
  19-22  51.15 of this code, of a person found to have engaged in delinquent
  19-23  conduct or conduct indicating a need for supervision or a person
  19-24  taken into custody to determine whether the person engaged in
  19-25  delinquent conduct or conduct indicating a need for supervision <on
   20-1  the application of a person who has been found to have engaged in
   20-2  delinquent conduct or conduct indicating a need for supervision, or
   20-3  a person taken into custody to determine whether he engaged in
   20-4  delinquent conduct or conduct indicating a need for supervision, or
   20-5  on  the juvenile court's own motion, the  court, after hearing,
   20-6  shall order the sealing of the files and records in the case,
   20-7  including those specified in Sections 51.14 and 51.15 of this
   20-8  code>, if the court finds that:
   20-9              (1)  two years have elapsed since final discharge of
  20-10  the person, or since the last official action in his case if there
  20-11  was no adjudication;
  20-12              (2)  since the time specified in Subdivision (1) of
  20-13  this subsection, he has not been convicted of a felony or a
  20-14  misdemeanor involving moral turpitude or found to have engaged in
  20-15  delinquent conduct or conduct indicating a need for supervision,
  20-16  and no proceeding is pending seeking conviction or adjudication;
  20-17  and
  20-18              (3)  it is unlikely the person will engage in further
  20-19  delinquent  conduct or conduct indicating a need for supervision or
  20-20  will commit a felony or a misdemeanor involving moral turpitude.
  20-21        (b)  Before ordering the sealing of files and records under
  20-22  Subsection (a) of this section, the court shall give the person who
  20-23  is the subject of the files and records and any interested party
  20-24  reasonable notice of the court's intent to seal the files and
  20-25  records.  An interested party who receives notice under this
   21-1  section and who believes that the files and records should not be
   21-2  sealed may file a motion with the court for a hearing.  On receipt
   21-3  of the motion or on the court's own motion, the court shall:
   21-4              (1)  notify the person who is the subject of the files
   21-5  and records of the motion to deny the sealing of the files and
   21-6  records;
   21-7              (2)  notify the appropriate interested parties; and
   21-8              (3)  schedule a hearing on the issue.
   21-9        (c)  The court may grant the relief authorized in Subsection
  21-10  (a) of this section at any time after final discharge of the person
  21-11  or after the last official action in his case if there was no
  21-12  adjudication.
  21-13        <(c)  Reasonable notice of the hearing shall be given to:>
  21-14              <(1)  the person who made the application or who is the
  21-15  subject of the files or records named in the motion;>
  21-16              <(2)  the prosecuting attorney for the juvenile court;>
  21-17              <(3)  the authority granting the discharge if the final
  21-18  discharge was from an institution or from parole;>
  21-19              <(4)  the public or private agency or institution
  21-20  having custody of files or records named in the application or
  21-21  motion; and>
  21-22              <(5)  the law-enforcement agency having custody of
  21-23  files or records named in the application or motion.>
  21-24        (d)  Copies of the sealing order shall be sent to each agency
  21-25  or official <therein> named in the order.
   22-1        (e)  On entry of the order:
   22-2              (1)  all law-enforcement, prosecuting attorney, clerk
   22-3  of court, and juvenile court files and records ordered sealed shall
   22-4  be sent to the court issuing the order;
   22-5              (2)  all files and records of a public or private
   22-6  agency or institution ordered sealed shall be sent to the court
   22-7  issuing the order;
   22-8              (3)  all index references to the files and records
   22-9  ordered sealed shall be deleted, except as provided by Subsection
  22-10  (n) of this section;
  22-11              (4)  the juvenile court, clerk of court, prosecuting
  22-12  attorney, public or private agency or institution, and
  22-13  law-enforcement officers and agencies shall properly reply that no
  22-14  record exists with respect to such person upon inquiry in any
  22-15  matter; and
  22-16              (5)  the adjudication shall be vacated and the
  22-17  proceeding dismissed and treated for all purposes, including the
  22-18  purpose of showing a prior finding of delinquency, as if it had
  22-19  never occurred.
  22-20        (m)  The institutional division of the Texas Department of
  22-21  Criminal Justice may petition the juvenile court for copies of the
  22-22  sealed files and records of a person in the custody of the
  22-23  institutional division.  The court may allow the institutional
  22-24  division to obtain copies of sealed files and records only if the
  22-25  court determines that the files and records contain information
   23-1  relevant to the rehabilitation of a person in the custody of the
   23-2  institutional division.
   23-3        (n)  On entry of an order sealing files and records under
   23-4  this section, the juvenile court shall notify the Department of
   23-5  Public Safety of the State of Texas of the name of the person whose
   23-6  files and records are subject to the sealing order for the purposes
   23-7  of Section 51.1501(d) of this code.
   23-8        (o)  In this section, "interested party" means:
   23-9              (1)  the prosecuting attorney for the juvenile court in
  23-10  which the person's case was heard;
  23-11              (2)  the authority granting discharge of the person if
  23-12  the final discharge was from an institution or from parole; or
  23-13              (3)  a public or private agency or institution,
  23-14  including a law-enforcement agency, having custody of files or
  23-15  records subject to sealing.
  23-16        SECTION 13.  Section 51.17, Family  Code, is amended to read
  23-17  as follows:
  23-18        Sec. 51.17.  PROCEDURE AND EVIDENCE.  (a)  Except for the
  23-19  burden of proof to be borne by the state in adjudicating a child to
  23-20  be delinquent or in need of supervision under Section 54.03(f) or
  23-21  otherwise when in conflict with a provision of this title, the
  23-22  Texas Rules of Civil Procedure govern proceedings under this title.
  23-23        (b)  Discovery in a proceeding under this title is governed
  23-24  by the Rules of Criminal Procedure.
  23-25        (c)  Except as otherwise provided by this title, the Texas
   24-1  Rules of Criminal Evidence apply in a judicial proceeding under
   24-2  this title.  <Particular reference is made to the burden of proof
   24-3  to be borne by the state in adjudicating a child to be delinquent
   24-4  or in need of supervision (Section 54.03(f)).>
   24-5        SECTION 14.  Section 53.01, Family Code, is amended to read
   24-6  as follows:
   24-7        Sec. 53.01.  PRELIMINARY INVESTIGATION AND DETERMINATIONS;
   24-8  NOTICE TO PARENTS.  (a)  On referral of a person presumed to be a
   24-9  child or the person's <a child's> case to the office or official
  24-10  designated by the juvenile court, the intake officer, probation
  24-11  officer, or other person authorized by the court shall conduct a
  24-12  preliminary investigation to determine whether:
  24-13              (1)  the person referred to juvenile court is a child
  24-14  within the meaning of this title;
  24-15              (2)  there is probable cause to believe the child
  24-16  engaged in delinquent conduct or conduct indicating a need for
  24-17  supervision; <and>
  24-18              (3)  there is reason to believe the child has a mental
  24-19  impairment; and
  24-20              (4)  further proceedings in the case are in the
  24-21  interest of the child or the public.
  24-22        (b)  If it is determined that the person is not a child
  24-23  within the meaning of this title because the person is younger than
  24-24  age 10, the person shall be referred to the Texas Department of
  24-25  Mental Health and Mental Retardation for services to be provided
   25-1  pursuant to Section 34.54 of this code.
   25-2        (c)  If it is determined that<, or> there is no probable
   25-3  cause, or further proceedings are not warranted, the child shall
   25-4  immediately be released and proceedings terminated.
   25-5        (d) <(c)>  When custody of a child is given to the office or
   25-6  official designated by the juvenile court, the intake officer,
   25-7  probation officer, or other person authorized by the court shall
   25-8  promptly give notice of the whereabouts of the child and a
   25-9  statement of the reason he was taken into custody to the child's
  25-10  parent, guardian, or custodian unless the notice given under
  25-11  Section 52.02(b) of this code provided fair notice of the child's
  25-12  present whereabouts.
  25-13        (e)  Unless the juvenile board approves a procedure proposed
  25-14  by the office of prosecuting attorney and chief juvenile probation
  25-15  officer which provides otherwise, if it is determined that the
  25-16  person is a child and that there is probable cause to believe the
  25-17  child engaged in delinquent conduct of the grade of a felony, the
  25-18  case shall be promptly forwarded to the office of the prosecuting
  25-19  attorney, accompanied by:
  25-20              (1)  all documents that accompanied the current
  25-21  referral; and
  25-22              (2)  a summary of all prior referrals of the child to
  25-23  the juvenile court, juvenile probation department, or juvenile
  25-24  detention facility.
  25-25        (f)  If a juvenile board adopts an alternative referral plan
   26-1  under Subsection (e) of this section, the board shall register the
   26-2  plan with the Texas Juvenile Probation Commission.
   26-3        SECTION 15.  Chapter 53, Family Code, is amended by adding
   26-4  Section 53.012 to read as follows:
   26-5        Sec. 53.012.  REVIEW BY PROSECUTOR.  (a)  The prosecuting
   26-6  attorney shall promptly review the circumstances and allegations of
   26-7  a referral made under Section 53.01 for legal sufficiency and the
   26-8  desirability of prosecution.
   26-9        (b)  If the prosecuting attorney does not file a petition
  26-10  requesting the adjudication of the child referred to the
  26-11  prosecuting attorney, the prosecuting attorney shall:
  26-12              (1)  terminate all proceedings, if the reason is for
  26-13  lack of probable cause; or
  26-14              (2)  return the referral to the juvenile court for
  26-15  further proceedings under this title.
  26-16        SECTION 16.  The heading of Section 53.045, Family Code, is
  26-17  amended to read as follows:
  26-18        Sec. 53.045.  VIOLENT AND HABITUAL OFFENDER ACT <REFERRAL TO
  26-19  GRAND JURY>.
  26-20        SECTION 17.  Subsection (a), Section 53.045, Family Code, is
  26-21  amended to read as follows:
  26-22        (a)  Except as provided by Subsection (e) of this section,
  26-23  the prosecuting attorney may refer the petition to the grand jury
  26-24  of the county in which the court in which the petition is filed
  26-25  presides if the petition alleges:
   27-1              (1)  that the child engaged in delinquent conduct that
   27-2  included the violation of any of the following provisions of the
   27-3  Penal Code:
   27-4                    (A) <(1)>  Section 19.02 (murder);
   27-5                    (B) <(2)>  Section 19.03 (capital murder);
   27-6                    (C) <(3)>  Section 20.04 (aggravated kidnapping);
   27-7                    (D) <(4)>  Section 22.021 (aggravated sexual
   27-8  assault);
   27-9                    (E)  Section 29.03 (aggravated robbery);
  27-10                    (F)  Section 22.02 (aggravated assault);
  27-11                    (G)  Section 19.04 (manslaughter);
  27-12                    (H)  Section 49.08 (intoxication manslaughter);
  27-13                    (I) <(5)  Section 22.03 (deadly assault on a law
  27-14  enforcement officer, corrections officer, or court participant); or>
  27-15              <(6)>  Section 15.01 (criminal attempt), if the offense
  27-16  attempted was an offense under Section 19.02 (murder) or Section
  27-17  19.03 (capital murder); or
  27-18                    (J)  Section 22.04, except state jail felony
  27-19  classification (injury to a child, elderly individual, or disabled
  27-20  individual); or
  27-21              (2)  that:
  27-22                    (A)  the child engaged in conduct that violates a
  27-23  penal law of the grade of felony, other than a state jail felony;
  27-24                    (B)  the child has at least two previous final
  27-25  adjudications for conduct violating a penal law of the grade of
   28-1  felony; and
   28-2                    (C)  at least one of the previous final
   28-3  adjudications described by Paragraph (B) of this subdivision is for
   28-4  conduct that occurred after the date a previous adjudication
   28-5  described by Paragraph (B) of this subdivision was rendered, if
   28-6  that adjudication became final.
   28-7        SECTION 18.  Subsections (h) and (i), Section 54.01, Family
   28-8  Code, are amended to read as follows:
   28-9        (h)  A detention order extends to the conclusion of the
  28-10  disposition hearing, if there is one, but in no event for more than
  28-11  10 working days.  Further detention orders may be made following
  28-12  subsequent detention hearings.  Subsequent detention hearings may
  28-13  be waived in accordance with the requirements of Section 51.09 of
  28-14  this code, but each detention order shall extend for no more than
  28-15  10 working days.
  28-16        (i)  A child in custody may be detained for as long as 10
  28-17  working days without the hearing described in Subsection (a) of
  28-18  this section if:
  28-19              (1)  a written request for shelter in detention
  28-20  facilities pending arrangement of transportation to his place of
  28-21  residence in another state or country or another county of this
  28-22  state is voluntarily executed by the child not later than the next
  28-23  working day after he was taken into custody;
  28-24              (2)  the request for shelter contains:
  28-25                    (A)  a statement by the child that he voluntarily
   29-1  agrees to submit himself to custody and detention for a period of
   29-2  not longer than 10 working days without a detention hearing;
   29-3                    (B)  an allegation by the person detaining the
   29-4  child that the child has left his place of residence in another
   29-5  state or country or another county of this state, that he is in
   29-6  need of shelter, and that an effort is being made to arrange
   29-7  transportation to his place of residence; and
   29-8                    (C)  a statement by the person detaining the
   29-9  child that he has advised the child of his right to demand a
  29-10  detention hearing under Subsection (a) of this section; and
  29-11              (3)  the request is signed by the juvenile court judge
  29-12  to evidence his knowledge of the fact that the child is being held
  29-13  in detention.
  29-14        SECTION 19.  Chapter  54, Family Code, is amended by adding
  29-15  Section 54.011 to read as follows:
  29-16        Sec. 54.011.  INTERACTIVE RECORDING OF DETENTION HEARING.
  29-17  (a)  A detention hearing under Section 54.01, other than the first
  29-18  detention hearing, may be held using video equipment if:
  29-19              (1)  the child and the child's attorney agree to the
  29-20  video hearing; and
  29-21              (2)  the parties to the proceeding have the opportunity
  29-22  to cross-examine witnesses.
  29-23        (b)  A detention hearing may not be held using video
  29-24  equipment unless the video equipment for the hearing provides for a
  29-25  two-way communication of image and sound among the child, the
   30-1  court, and other parties at the hearing.
   30-2        (c)  A recording of the communications shall be made.  The
   30-3  recording shall be preserved until the earliest of:
   30-4              (1)  the 91st day after the date on which the recording
   30-5  is made if the child is alleged to have engaged in conduct
   30-6  constituting a misdemeanor;
   30-7              (2)  the 120th day after the date on which the
   30-8  recording is made if the child is alleged to have engaged in
   30-9  conduct constituting a felony; or
  30-10              (3)  the date on which the adjudication hearing ends.
  30-11        (d)  An attorney for the child may obtain a copy of the
  30-12  recording on payment of the reasonable costs of reproducing the
  30-13  copy.
  30-14        SECTION 20.  Subsections (b), (c), (d), (f), and (g), Section
  30-15  54.021, Family Code, are amended to read as follows:
  30-16        (b)  A justice court may exercise jurisdiction over a person
  30-17  <child> alleged to have engaged in conduct indicating a need for
  30-18  supervision by engaging in conduct described in Section 51.03(b)(2)
  30-19  in a case where the juvenile court has waived its original
  30-20  jurisdiction under this section.  A justice court may exercise
  30-21  jurisdiction under this section without regard to whether the
  30-22  justice of the peace for the court is a licensed attorney or the
  30-23  hearing for a case is before a jury consisting of six persons.
  30-24        (c)  On a finding that a person <child> has engaged in
  30-25  conduct described by Section 51.03(b)(2), the justice court shall
   31-1  enter an order appropriate to the nature of the conduct.
   31-2        (d)  On a finding by the justice court that the person
   31-3  <child> has engaged in truant conduct and that the conduct is of a
   31-4  recurrent nature, the court may enter an order that includes one or
   31-5  more of the following provisions requiring that:
   31-6              (1)  the person <child> attend a preparatory class for
   31-7  the high school equivalency examination provided under Section
   31-8  11.35, Education Code, if the court determines that the person
   31-9  <child> is too old to do well in a formal classroom environment;
  31-10              (2)  the person <child> attend a special program that
  31-11  the court determines to be in the best interests of the person
  31-12  <child>, including an alcohol and drug abuse program;
  31-13              (3)  the person <child> and the person's <child's>
  31-14  parents, managing conservator, or guardian attend a class for
  31-15  students at risk of dropping out of school designed for both the
  31-16  person <child> and the person's <child's> parents, managing
  31-17  conservator, or guardian;
  31-18              (4)  the person <child> complete reasonable community
  31-19  service requirements;
  31-20              (5)  the person's <child's> driver's license be
  31-21  suspended in the manner provided by Section 54.042 of this code;
  31-22              (6)  the person <child> attend school without unexcused
  31-23  absences; or
  31-24              (7)  the person <child> participate in a tutorial
  31-25  program provided by the school attended by the person <child> in
   32-1  the academic subjects in which the person <child> is enrolled for a
   32-2  total number of hours ordered by the court.
   32-3        (f)  A school attendance officer may refer a person <child>
   32-4  alleged to have engaged in conduct described in Section 51.03(b)(2)
   32-5  of this code to the justice court in the precinct where the person
   32-6  <child> resides or in the precinct where the person's <child's>
   32-7  school is located if the juvenile court having exclusive original
   32-8  jurisdiction has waived its jurisdiction as provided by Subsection
   32-9  (a) of this section for all cases involving conduct described by
  32-10  Section 51.03(b)(2) of this code.
  32-11        (g)  A court having jurisdiction under this section shall
  32-12  endorse on the summons issued to the parent, guardian, or custodian
  32-13  of the person <child> who is the subject of the hearing an order
  32-14  directing the parent, guardian, or custodian to appear personally
  32-15  at the hearing and directing the person having custody of the
  32-16  person <child> to bring the person <child> to the hearing.
  32-17        SECTION 21.  Subsection (d), Section 54.03, Family Code, is
  32-18  amended to read as follows:
  32-19        (d)  Except as provided by Section 54.031 of this chapter,
  32-20  only material, relevant, and competent evidence in accordance with
  32-21  the Texas Rules of Criminal Evidence <requirements for the trial of
  32-22  civil cases> may be considered in the adjudication hearing.  Except
  32-23  in a detention or discretionary transfer hearing, a social history
  32-24  report or social service file shall not be viewed by the court
  32-25  before the adjudication decision and shall not be viewed by the
   33-1  jury at any time.
   33-2        SECTION 22.  Section 54.04, Family Code, is amended by
   33-3  amending Subsections (a), (d), (e), (g), (h), and (k) and adding
   33-4  Subsection (m) to read as follows:
   33-5        (a)  The disposition hearing shall be separate, distinct, and
   33-6  subsequent to the adjudication hearing.  There is no right to a
   33-7  jury at the disposition hearing unless the child is in jeopardy of
   33-8  a determinate sentence under Subsection (d)(3) or (m) of this
   33-9  section, in which case, the child is entitled to a jury of  12
  33-10  persons to determine the sentence.
  33-11        (d)  If the court or jury makes the finding specified in
  33-12  Subsection (c) of this section allowing the court to make a
  33-13  disposition in the case:
  33-14              (1)  the court or jury may, in addition to any order
  33-15  required or authorized under Section 54.041 or 54.042 of this code,
  33-16  place the child on probation on such reasonable and lawful terms as
  33-17  the court may determine:
  33-18                    (A)  in his own home or in the custody of a
  33-19  relative or other fit person; or
  33-20                    (B)  subject to the finding under Subsection (c)
  33-21  of this section on the placement of the child outside the child's
  33-22  home, in:
  33-23                          (i)  a suitable foster home; or
  33-24                          (ii)  a suitable public or private
  33-25  institution or agency, except the Texas Youth Commission;
   34-1              (2)  if the court or jury found at the conclusion of
   34-2  the adjudication hearing that the child engaged in delinquent
   34-3  conduct and if the petition was not approved by the grand jury
   34-4  under Section 53.045 of this code, the court may commit the child
   34-5  to the Texas Youth Commission without a determinate sentence; <or>
   34-6              (3)  if the court or jury found at the conclusion of
   34-7  the adjudication hearing that the child engaged in delinquent
   34-8  conduct that included  a violation of a penal law listed in Section
   34-9  53.045(a) of this code and if  the petition was approved by the
  34-10  grand jury under Section 53.045 of this code, the court or jury may
  34-11  sentence the child to commitment in the Texas Youth Commission with
  34-12  a transfer to the institutional division of the Texas Department of
  34-13  Criminal Justice for a <any> term of:
  34-14                    (A)  <years> not more than 60 years or less than
  34-15  10 years, if the conduct constitutes a capital felony;
  34-16                    (B)  not more than 40 years or less than 3 years,
  34-17  if the conduct constitutes a felony of the first degree;
  34-18                    (C)  not more than 20 years or less than 2 years,
  34-19  if the conduct constitutes a felony of the second degree; or
  34-20                    (D)  not more than 10 years or less than 1 year,
  34-21  if the conduct constitutes a felony of the third degree; or
  34-22              (4)  if applicable, the court or jury may make a
  34-23  disposition under  Subsection (m) of this section <to exceed 40
  34-24  years>.
  34-25        (e)  The Texas Youth Commission shall accept a person <child>
   35-1  properly committed to it by a juvenile court even though the person
   35-2  <child> may be 17 years of age or older at the time of commitment.
   35-3        (g)  If the court orders a disposition under Subsection
   35-4  (d)(3) or (m) of this section and there is an affirmative finding
   35-5  that the defendant used or exhibited a deadly weapon during the
   35-6  commission of the conduct or during immediate flight from
   35-7  commission of the conduct, the court shall enter the finding in the
   35-8  order.  If there is an affirmative finding that the deadly weapon
   35-9  was a firearm, the court shall enter that finding in the order.
  35-10        (h)  At the conclusion of the dispositional hearing, the
  35-11  court shall inform the child of:
  35-12              (1)  the child's <his> right to appeal, as required by
  35-13  Section 56.01 of this code; and
  35-14              (2)  the procedures for the sealing of the child's
  35-15  records under Section 51.16 of this code.
  35-16        (k)  The period to which a court or jury may sentence a
  35-17  person <child> to commitment to the Texas Youth Commission with a
  35-18  transfer to the Texas Department of Criminal Justice under
  35-19  Subsection (d)(3) of this section applies without regard to whether
  35-20  the person <child> has previously been adjudicated as having
  35-21  engaged in delinquent conduct.
  35-22        (m)  The court or jury may sentence a child  adjudicated for
  35-23  conduct constituting a felony other than a state jail felony to a
  35-24  term prescribed by Subsection (d)(3) of this section if:
  35-25              (1)  a petition was filed and approved by a grand jury
   36-1  under Section 53.045 of this code alleging that:
   36-2                    (A)  the child engaged in the felony conduct;
   36-3                    (B)  the child has at least two previous final
   36-4  adjudications for conduct violating a penal law of the grade of
   36-5  felony; and
   36-6                    (C)  at least one of the previous adjudications
   36-7  is for conduct described by Paragraph (B) of this subdivision that
   36-8  occurred after the date a previous adjudication described by
   36-9  Paragraph (B) of this subdivision was rendered, if that
  36-10  adjudication became final; and
  36-11              (2)  the court or jury finds beyond a reasonable doubt
  36-12  that the allegations described by Subdivision (1) of this
  36-13  subsection in the grand jury petition are true.
  36-14        SECTION 23.  Subsections (b), (c), (d), and (e), Section
  36-15  54.041, Family Code, are amended to read as follows:
  36-16        (b)  If a child is found to have engaged in delinquent
  36-17  conduct arising from the commission of an offense in which property
  36-18  damage or loss or personal injury occurred, the juvenile court, on
  36-19  notice to all persons affected and on hearing, may order the child
  36-20  or a parent to make full or partial restitution to the victim of
  36-21  the offense.  The program of restitution must promote the
  36-22  rehabilitation of the child, be appropriate to the age and
  36-23  physical, emotional, and mental abilities of the child, and not
  36-24  conflict with the child's schooling.  When practicable and subject
  36-25  to court supervision, the court may approve a restitution program
   37-1  based on a settlement between the child and the victim of the
   37-2  offense.  An order under this subsection may provide for periodic
   37-3  payments by the child or a parent of the child for the period
   37-4  specified in the order but that period may not extend past the 18th
   37-5  birthday of the child.
   37-6        (c)  In addition to or in lieu of restitution, a juvenile <If
   37-7  the child or parent is unable to make full or partial restitution
   37-8  or if a restitution order is not appropriate under the
   37-9  circumstances, the> court may order a <the> child found to have
  37-10  engaged in delinquent conduct to render community service <personal
  37-11  services to a charitable or educational institution in the manner
  37-12  prescribed in the court order in lieu of restitution>.  The court
  37-13  may also order under this subsection that the child's parent
  37-14  perform community service with the child.
  37-15        (d)  Restitution under this section is cumulative of any
  37-16  other remedy allowed by law and may be used in addition to other
  37-17  remedies; except that a victim of an offense is not entitled to
  37-18  receive more than actual damages under a juvenile court order.
  37-19        (e)  A city, town, or county that establishes a program to
  37-20  assist children and their parents in rendering community service
  37-21  <personal services to a charitable or educational institution> as
  37-22  authorized by Subsection (c) of this section <this subsection> may
  37-23  purchase insurance policies protecting the city, town, or county
  37-24  against claims brought by a person other than the child or the
  37-25  child's parent for a cause of action that arises from an act of the
   38-1  child or parent while rendering those services.  The city, town, or
   38-2  county is not liable under this Act to the extent that damages are
   38-3  recoverable under a contract of insurance or under a plan of
   38-4  self-insurance authorized by statute.  The liability of the city,
   38-5  town, or county for a cause of action that arises from an action of
   38-6  the child or the child's parent while rendering those services may
   38-7  not exceed $100,000 to a single person and $300,000 for a single
   38-8  occurrence in the case of personal injury or death, and $10,000 for
   38-9  a single occurrence of property damage.  Liability may not extend
  38-10  to punitive or exemplary damages.  This subsection does not waive a
  38-11  defense, immunity, or jurisdictional bar available to the city,
  38-12  town, or county or its officers or employees, nor shall this Act be
  38-13  construed to waive, repeal, or modify any provision of Chapter 101,
  38-14  Civil Practice and Remedies Code <the Texas Tort Claims Act, as
  38-15  amended (Article 6252-19, Vernon's Texas Civil Statutes)>.
  38-16        (f) <(c)>  A person subject to an order proposed under
  38-17  Subsection (a) or (c) of this section is entitled to a hearing on
  38-18  the order before the order is entered by the court.
  38-19        (g) <(d)>  An order made under this section may be enforced
  38-20  as provided by Section 54.07 of this code.
  38-21        (h) <(e)>  If a child is found to have engaged in conduct
  38-22  indicating a need for supervision described under Section
  38-23  51.03(b)(2) of this code, the court may order the child's parents
  38-24  or guardians to attend a class provided under Section 21.035(h),
  38-25  Education Code, if the school district in which the child's parents
   39-1  or guardians reside offers a class under that section.
   39-2        SECTION 24.  Chapter 54, Family Code, is amended by adding
   39-3  Section 54.051 to read as follows:
   39-4        Sec. 54.051.  MODIFICATION OF DISPOSITION AFTER COMMITMENT.
   39-5  (a)  The juvenile court may modify under this section a disposition
   39-6  of a child committed to the Texas Youth Commission only if the
   39-7  child was:
   39-8              (1)  committed to the Texas Youth Commission under
   39-9  Section 54.04; and
  39-10              (2)  returned from the Texas Youth Commission to the
  39-11  juvenile court under Section 54.12.
  39-12        (b)  On return of the child to the court under this section,
  39-13  the court may modify the disposition in a manner the court
  39-14  determines appropriate to the circumstances and needs of the child,
  39-15  including placing the child on probation under Section 54.04(d)(1).
  39-16        SECTION 25.  Chapter 54, Family Code, is amended by adding
  39-17  Section 54.055 to read as follows:
  39-18        Sec. 54.055.  CLERK TO SUBMIT DISPOSITION INFORMATION.  Not
  39-19  later than the 60th day after the date an order is entered in the
  39-20  disposition of a case under Section 54.04 or 54.05, the clerk of
  39-21  the court that issued the order shall transmit to the Department of
  39-22  Public Safety of the State of Texas information relating to the
  39-23  disposition of the case.  The clerk shall include:
  39-24              (1)  the name of the child;
  39-25              (2)  the names of the child's parents or guardian;
   40-1              (3)  a description of the conduct for which the child
   40-2  was adjudicated; and
   40-3              (4)  the disposition made in the case.
   40-4        SECTION 26.  Section 54.11, Family Code, is amended to read
   40-5  as follows:
   40-6        Sec. 54.11.  RELEASE OR TRANSFER HEARING.  (a)  On receipt of
   40-7  a referral <notice required> under Section 61.079(a), Human
   40-8  Resources Code, for <of> the transfer to the institutional division
   40-9  of the Texas Department of Criminal Justice <Corrections> of a
  40-10  person committed to the Texas Youth Commission under Section
  40-11  54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
  40-12  receipt of a request by the commission under Section 61.081(f),
  40-13  Human Resources Code, for approval of the release under supervision
  40-14  of a person committed to the commission under Section 54.04(d)(3),
  40-15  54.04(m), or 54.05(f) <a determinate sentence>, the court shall set
  40-16  a time and place for a hearing on the release of the person.
  40-17        (b)  The court shall notify the following of the time and
  40-18  place of the hearing:
  40-19              (1)  the person to be transferred or released under
  40-20  supervision;
  40-21              (2)  the parents of the person;
  40-22              (3)  any legal custodian of the person, including the
  40-23  Texas Youth Commission;
  40-24              (4)  the office of the prosecuting attorney that
  40-25  represented the state in the juvenile delinquency proceedings;
   41-1              (5)  the victim of the offense that was included in the
   41-2  delinquent conduct that was a ground for the disposition, or a
   41-3  member of the victim's family; and
   41-4              (6)  any other person who has filed a written request
   41-5  with the court to be notified of a release hearing with respect to
   41-6  the person to be transferred or released under supervision.
   41-7        (c)  Except for the person to be transferred or released
   41-8  under supervision and the prosecuting attorney, the failure to
   41-9  notify a person listed in Subsection (b) of this section does not
  41-10  affect the validity of a <release> hearing conducted or <a release>
  41-11  determination made under this section if the record in the case
  41-12  reflects that the whereabouts of the persons who did not receive
  41-13  notice were unknown to the court and a reasonable effort was made
  41-14  by the court to locate those persons.
  41-15        (d)  At a <release> hearing under this section the court may
  41-16  consider written reports from probation officers, professional
  41-17  court employees, or professional consultants, in addition to the
  41-18  testimony of witnesses.  At least one day before the <release>
  41-19  hearing, the court shall provide the attorney for the person to be
  41-20  transferred or released under supervision with access to all
  41-21  written matter to be considered by the court.
  41-22        (e)  At the <any release> hearing, the person to be
  41-23  transferred or released under supervision is entitled to an
  41-24  attorney, to  examine all witnesses against him, to present
  41-25  evidence and oral argument, and to previous examination of all
   42-1  reports on and evaluations and examinations of or relating to him
   42-2  that may be used in the hearing.
   42-3        (f)  A <release> hearing under this section is open to the
   42-4  public unless the person to be transferred or released under
   42-5  supervision waives a public hearing with the consent of his
   42-6  attorney and the court.
   42-7        (g)  A <release> hearing under this section must be recorded
   42-8  by a court reporter or by audio or video tape recording, and the
   42-9  record of the hearing must be retained by the court for at least
  42-10  two years after the date of the final determination on the transfer
  42-11  or release of the person by the court.
  42-12        (h)  The <release> hearing on a person who is referred for
  42-13  <the subject of a notice of> transfer under Section 61.079(a),
  42-14  Human Resources Code, shall <must> be held not later than the 60th
  42-15  day after the date the court receives the referral <before 30 days
  42-16  before the person's 18th birthday>.
  42-17        (i)  On conclusion of the <release> hearing on a person who
  42-18  is referred for <the subject of a notice of> transfer under Section
  42-19  61.079(a), Human Resources Code, the court may order:
  42-20              (1)  the return <recommitment> of the person to the
  42-21  Texas Youth Commission <without a determinate sentence>; or
  42-22              (2)  the transfer of the person to the custody of the
  42-23  institutional division of the Texas Department of Criminal Justice
  42-24  for the completion of the person's <determinate> sentence<; or>
  42-25              <(3)  the final discharge of the person>.
   43-1        (j)  On conclusion of the hearing on a person who is referred
   43-2  for release under supervision under Section 61.081(f), Human
   43-3  Resources Code, the court may order the return of the person to the
   43-4  Texas Youth Commission:
   43-5              (1)  with approval for the release of the person under
   43-6  supervision; or
   43-7              (2)  without approval for the release of the person
   43-8  under supervision.
   43-9        (k)  In making a determination under this section, the court
  43-10  may consider the experiences and character of the person before and
  43-11  after commitment to the youth commission, the nature of the penal
  43-12  offense that the person was found to have committed and the manner
  43-13  in which the offense was committed, the abilities of the person to
  43-14  contribute to society, the protection of the victim of the offense
  43-15  or any member of the victim's family, the recommendations of the
  43-16  youth commission and prosecuting attorney, the best interests of
  43-17  the person, and any other factor relevant to the issue to be
  43-18  decided.
  43-19        SECTION 27.  Chapter 54, Family Code, is amended by adding
  43-20  Section 54.12 to read as follows:
  43-21        Sec. 54.12.  CRISIS POPULATION RELIEF TO ENSURE
  43-22  LENGTH-OF-STAY MANDATES.  (a)  Except as provided by Subsection
  43-23  (c), the Texas Youth Commission shall return a child to the
  43-24  juvenile court that entered the order committing the child for
  43-25  further proceedings under Section 54.051 when the number of
   44-1  children committed to the commission exceeds the targeted level of
   44-2  new commitments.  The Texas Youth Commission shall immediately
   44-3  notify the Texas Juvenile Probation Commission whenever the number
   44-4  of commitments is less than 50 commitments below the targeted
   44-5  level.
   44-6        (b)  The return of a child to the juvenile court by the Texas
   44-7  Youth Commission under this section shall be made after an
   44-8  evaluation of the seriousness of the child's adjudicated conduct.
   44-9  The commission shall give priority to returning children to the
  44-10  juvenile court whose adjudicated conduct constitutes a violation of
  44-11  the least serious penal laws.
  44-12        (c)  The Texas Youth Commission may not return a child to the
  44-13  juvenile court under this section if the child is committed or
  44-14  sentenced to commitment for delinquent conduct prescribed by
  44-15  Section 53.045(a).
  44-16        (d)  In this section:
  44-17              (1)  "Return of a child to the juvenile court" means a
  44-18  child committed to the Texas Youth Commission after the statewide
  44-19  cumulative total of actual commitments for any of the first six
  44-20  months of the state fiscal year exceeds the targeted level by 50
  44-21  commitments or, at any point during the year, exceeds the targeted
  44-22  level by 100 commitments.
  44-23              (2)  "Targeted level of new commitments" means the key
  44-24  performance target for annual commitments to the commission under
  44-25  the General Appropriations Act for the Texas Juvenile Probation
   45-1  Commission, projected by month to obtain a cumulative monthly
   45-2  comparison with the number of actual commitments.
   45-3        SECTION 28.  Section 57.002, Family Code, is amended to read
   45-4  as follows:
   45-5        Sec. 57.002.  VICTIM'S RIGHTS.  A victim, guardian of a
   45-6  victim, or close relative of a deceased victim is entitled to the
   45-7  following rights within the juvenile justice system:
   45-8              (1)  the right to receive from law enforcement agencies
   45-9  adequate protection from harm and threats of harm arising from
  45-10  cooperation with prosecution efforts;
  45-11              (2)  the right to have the court or person appointed by
  45-12  the court take the safety of the victim or the victim's family into
  45-13  consideration as an element in determining whether the child should
  45-14  be detained before the child's conduct is adjudicated;
  45-15              (3)  the right, if requested, to be informed of
  45-16  relevant court proceedings and to be informed in a timely manner if
  45-17  those court proceedings have been canceled or rescheduled;
  45-18              (4)  the right to be informed, when requested, by the
  45-19  court or a person appointed by the court concerning the procedures
  45-20  in the juvenile justice system, including general procedures
  45-21  relating to the preliminary investigation and informal adjustment
  45-22  of a case;
  45-23              (5)  the right to provide pertinent information to a
  45-24  juvenile court conducting a disposition hearing concerning the
  45-25  impact of the offense on the victim and the victim's family by
   46-1  testimony, written statement, or any other manner before the court
   46-2  renders its disposition;
   46-3              (6)  the right to receive information regarding
   46-4  compensation to victims as provided by the Crime Victims
   46-5  Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
   46-6  including information related to the costs that may be compensated
   46-7  under that Act and the amount of compensation, eligibility for
   46-8  compensation, and procedures for application for compensation under
   46-9  that Act, the payment of medical expenses under Section 1, Chapter
  46-10  299, Acts of the 63rd Legislature, Regular Session, 1973 (Article
  46-11  4447m, Vernon's Texas Civil Statutes), for a victim of a sexual
  46-12  assault, and when requested, to referral to available social
  46-13  service agencies that may offer additional assistance;
  46-14              (7)  the right to be informed, upon request, of
  46-15  procedures for release under supervision, to participate in the
  46-16  release process, to be notified, if requested, of release
  46-17  proceedings concerning the person <child>, to provide to the Texas
  46-18  Youth Commission for inclusion in the person's <child's> file
  46-19  information to be considered by the commission before the release
  46-20  under supervision of the person <child>, and to be notified, if
  46-21  requested, of the person's <child's> release;
  46-22              (8)  the right to be provided with a waiting area,
  46-23  separate or secure from other witnesses, including the child
  46-24  alleged to have committed the conduct and relatives of the child,
  46-25  before testifying in any proceeding concerning the child, or, if a
   47-1  separate waiting area is not available, other safeguards should be
   47-2  taken to minimize the victim's contact with the child and the
   47-3  child's relatives and witnesses, before and during court
   47-4  proceedings;
   47-5              (9)  the right to prompt return of any property of the
   47-6  victim that is held by a law enforcement agency or the attorney for
   47-7  the state as evidence when the property is no longer required for
   47-8  that purpose;
   47-9              (10)  the right to have the attorney for the state
  47-10  notify the employer of the victim, if requested, of the necessity
  47-11  of the victim's cooperation and testimony in a proceeding that may
  47-12  necessitate the absence of the victim from work for good cause; and
  47-13              (11)  the right to be present at all public court
  47-14  proceedings related to the conduct of the child, subject to the
  47-15  approval of the court.
  47-16        SECTION 29.  Section 61.079, Human Resources Code, is amended
  47-17  to read as follows:
  47-18        Sec. 61.079.  REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
  47-19  TRANSFER <REVIEW>.  (a)  After a child sentenced to commitment to
  47-20  the commission under Section 54.04(d)(3), 54.04(m), or 54.05(f),
  47-21  Family Code, becomes 16 years of age but before the child becomes
  47-22  21 years of age, the commission may refer the child to the juvenile
  47-23  court that entered the order of commitment for approval of the
  47-24  child's transfer to the institutional division of the Texas
  47-25  Department of Criminal Justice if:
   48-1              (1)  the child has not completed the sentence; and
   48-2              (2)  the child's conduct, regardless of whether the
   48-3  child was released under supervision under Section 61.081,
   48-4  indicates that the welfare of the community requires the transfer
   48-5  <During the sixth month before the month in which a person
   48-6  committed to the commission under a determinate sentence becomes 18
   48-7  years old, the  commission shall send to the juvenile court that
   48-8  entered the order of commitment a notice of the person's transfer
   48-9  to the Texas Department of Corrections if:>
  48-10              <(1)  the person will not have completed the sentence
  48-11  before the person's 18th birthday; and>
  48-12              <(2)  the person has not been finally released by the
  48-13  commission with the approval of the juvenile court that entered the
  48-14  order of commitment>.
  48-15        (b)  The commission shall cooperate with the court on any
  48-16  proceeding on the transfer <release> of the child <a person>.
  48-17        SECTION 30.  Subsections (f) and (g), Section 61.081, Human
  48-18  Resources Code, are amended to read as follows:
  48-19        (f)  If a child <under the age of 18> is committed to the
  48-20  commission under <a determinate sentence under> Section
  48-21  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
  48-22  the commission may not release the child under supervision without
  48-23  approval of the juvenile court that entered the order of commitment
  48-24  unless the child has served at least:
  48-25              (1)  10 years, if the child was sentenced to commitment
   49-1  for conduct constituting capital murder;
   49-2              (2)  3 years, if the child was sentenced to commitment
   49-3  for conduct constituting a felony of the first degree;
   49-4              (3)  2 years, if the child was sentenced to commitment
   49-5  for conduct constituting a felony of the second degree; or
   49-6              (4)  1 year, if the child was sentenced to commitment
   49-7  for conduct constituting a felony of the third degree.
   49-8        (g)  The commission may request the approval of the court
   49-9  under this section at any time.
  49-10        (h) <(g)>  If the commission finds that a child has violated
  49-11  an order under which the child is released under supervision, on
  49-12  notice by any reasonable method to all persons affected, the
  49-13  commission may order the child:
  49-14              (1)  to return to an institution;
  49-15              (2)  if the violation resulted in property damage or
  49-16  personal injury:
  49-17                    (A)  to make full or partial restitution to the
  49-18  victim of the offense; or
  49-19                    (B)  if the child is financially unable to make
  49-20  full or partial restitution, to perform services for a charitable
  49-21  or educational institution; or
  49-22              (3)  to comply with any other conditions the commission
  49-23  considers appropriate.
  49-24        SECTION 31.  Section 61.084, Human Resources Code, is amended
  49-25  to read as follows:
   50-1        Sec. 61.084.  TERMINATION OF CONTROL.  (a)  Except as
   50-2  provided by Subsections (b) and (c), if a person is committed to
   50-3  the commission under a determinate sentence under Section
   50-4  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
   50-5  the commission may not discharge the person from its custody
   50-6  <before the person's 18th birthday without the approval of the
   50-7  juvenile court that entered the order of commitment>.
   50-8        (b)  The commission shall  discharge without a court hearing
   50-9  a person committed to it for a determinate sentence under Section
  50-10  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
  50-11  who has not been transferred to the institutional division of the
  50-12  Texas Department of Criminal Justice <or discharged> under a court
  50-13  order on the date that the time spent by the person in detention in
  50-14  connection with the committing case plus the time spent at the
  50-15  Texas Youth Commission under the order of commitment equals the
  50-16  period of the determinate sentence.
  50-17        (c)  The commission shall transfer to the institutional
  50-18  division of the Texas Department of Criminal Justice a person who
  50-19  is the subject of an order under  Section 54.11(i)(2), Family Code,
  50-20  transferring the person to the custody of the institutional
  50-21  division of the Texas Department of Criminal Justice for the
  50-22  completion of the person's determinate sentence.
  50-23        (d)  The commission shall transfer a person sentenced to
  50-24  commitment for delinquent conduct constituting the offense of
  50-25  capital murder to the institutional division of the Texas
   51-1  Department of Criminal Justice on the person's 21st birthday to
   51-2  serve at least the remainder of the minimum mandatory sentence if
   51-3  the person has not:
   51-4              (1)  served at least 10 years of the person's sentence;
   51-5  or
   51-6              (2)  been transferred or released under supervision by
   51-7  court order.
   51-8        (e)  Except as provided by Subsection (f), the <The>
   51-9  commission shall discharge from its custody a person not already
  51-10  discharged or transferred on the person's 21st birthday.
  51-11        (f)  The commission may transfer a person who has been
  51-12  sentenced to commitment under Section 54.04(d)(3), 54.04(m), or
  51-13  54.05(f), Family Code, or who has been returned to the commission
  51-14  under Section 54.11(i)(1), Family Code, to the custody of the
  51-15  pardons and paroles division of the Texas Department of Criminal
  51-16  Justice on the person's 21st birthday, if the person has not
  51-17  already been discharged or transferred, to serve the remainder of
  51-18  the person's sentence on parole as provided by Section 29, Article
  51-19  42.18, Code of Criminal Procedure.
  51-20        SECTION 32.  Subchapter G, Chapter 61, Human Resources Code,
  51-21  is amended by adding Section 61.0911 to read as follows:
  51-22        Sec. 61.0911.  COORDINATED STRATEGIC PLAN.  The commission
  51-23  shall biennially develop with the Texas Juvenile Probation
  51-24  Commission a coordinated strategic plan as required by Section
  51-25  141.0471.
   52-1        SECTION 33.  Subchapter C, Chapter 141, Human Resources Code,
   52-2  is amended by adding Section 141.0471 to read as follows:
   52-3        Sec. 141.0471.  COORDINATED STRATEGIC PLAN FOR JUVENILE
   52-4  JUSTICE SYSTEM.  (a)  The commission and the Texas Youth Commission
   52-5  shall biennially develop a coordinated strategic plan which shall
   52-6  guide, but not substitute for, the strategic plans developed
   52-7  individually by the agencies.
   52-8        (b)  The plan shall:
   52-9              (1)  identify short-term and long-term policy goals;
  52-10              (2)  identify time frames and strategies for meeting
  52-11  the goals identified under Subdivision (1);
  52-12              (3)  estimate population projections, including
  52-13  projections of population characteristics;
  52-14              (4)  estimate short-term and long-term capacity,
  52-15  programmatic, and funding needs;
  52-16              (5)  describe intensive service and surveillance parole
  52-17  pilot programs to be jointly developed;
  52-18              (6)  include an evaluation of aftercare services
  52-19  emphasizing concrete outcome measures, including recidivism and
  52-20  educational progress;
  52-21              (7)  identify objective criteria for the various
  52-22  decision points throughout the continuum of juvenile justice
  52-23  services and sanctions to guard against disparate treatment of
  52-24  minority youth; and
  52-25              (8)  identify cross-agency outcome measures by which to
   53-1  evaluate the effectiveness of the system generally.
   53-2        (c)  Each agency shall by rule adopt the coordinated
   53-3  strategic plan on or before December 1st of each odd-numbered year,
   53-4  or before the adoption of the agencies' individual strategic plans,
   53-5  whichever is earlier.
   53-6        SECTION 34.  Section 141.042, Human Resources Code, is
   53-7  amended to read as follows:
   53-8        Sec. 141.042.  RULES GOVERNING JUVENILE BOARDS, PROBATION
   53-9  DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES.
  53-10  (a)  The commission shall adopt reasonable rules that provide:
  53-11              (1)  minimum standards for personnel, staffing, case
  53-12  loads, programs, facilities, record keeping, equipment, and other
  53-13  aspects of the operation of a juvenile board that are necessary to
  53-14  provide adequate and effective probation services;
  53-15              (2)  a code of ethics for probation officers and for
  53-16  the enforcement of that code;
  53-17              (3)  appropriate educational, preservice and in-service
  53-18  training, and certification standards for probation officers or
  53-19  court-supervised community-based program personnel; and
  53-20              (4)  minimum standards for juvenile detention
  53-21  facilities.
  53-22        (b)  In adopting the rules prescribed by Subsection (a), the
  53-23  commission shall consider local information and evidence gathered
  53-24  through public review and comment.
  53-25        (c)  The commission at least annually shall determine whether
   54-1  each juvenile detention facility, including locally operated
   54-2  post-adjudication facilities, is in compliance with the
   54-3  commission's minimum standards.  This subsection applies to
   54-4  facilities used to detain a child before, during, and after the
   54-5  adjudication of the child.
   54-6        (d)  The commission shall adopt guidelines for the informal
   54-7  adjustment process prescribed by Section 53.03, Family Code, and
   54-8  monitor informal adjustment programs established by juvenile boards
   54-9  under Section 152.0007, Human Resources Code, for compliance with
  54-10  the minimum standards.
  54-11        (e)  The commission shall develop for voluntary use by
  54-12  juvenile probation departments a standard assessment tool for the
  54-13  initial assessment of children under the jurisdiction of probation
  54-14  departments.  The commission shall give priority to training in the
  54-15  use of this tool in any preservice or in-service training that the
  54-16  commission provides for probation officers.  The assessment tool
  54-17  shall:
  54-18              (1)  facilitate assessment of a child's mental health,
  54-19  family background, and level of education; and
  54-20              (2)  assist juvenile probation departments in
  54-21  determining when a child in the department's jurisdiction is in
  54-22  need of comprehensive psychological or other evaluation.
  54-23        (f)  The commission shall monitor compliance with alternative
  54-24  referral programs adopted by juvenile boards under Section 53.01,
  54-25  Family Code.
   55-1        SECTION 35.  Subchapter C, Chapter 141, Human Resources Code,
   55-2  is amended by adding Section 141.0421 to read as follows:
   55-3        Sec. 141.0421.  REPORT TO LEGISLATURE.  (a)  Not later than
   55-4  January 31, 1997, the commission shall report to the legislature
   55-5  the commission's recommendations for improving the ability of the
   55-6  commission to enforce compliance with the commission's minimum
   55-7  standards for juvenile detention and other locally operated
   55-8  detention facilities.
   55-9        (b)  The commission's report under Subsection (a) shall also
  55-10  address the constitutional adequacy of juvenile detention
  55-11  facilities and any other relevant issue pertaining to the health
  55-12  and safety of persons detained in the facilities.
  55-13        (c)  In addition to the report required under Subsection (a),
  55-14  the commission shall cooperate with the Texas Youth Commission in
  55-15  developing a plan for the implementation of an intermediate
  55-16  sanctions program for the commission's report required by law.
  55-17        (d)  This section expires September 1, 1997.
  55-18        SECTION 36.  Subsection (a), Section 141.085, Human Resources
  55-19  Code, is amended to read as follows:
  55-20        (a)  The commission shall refuse, reduce, or suspend payment
  55-21  of state aid to:
  55-22              (1)  a juvenile board that fails to comply with the
  55-23  commission's rules or fails to maintain local financial support; or
  55-24              (2)  a county that fails to comply with the minimum
  55-25  standards for juvenile detention and other locally operated
   56-1  detention facilities adopted by the commission under Section
   56-2  141.042.
   56-3        SECTION 37.  Section 152.0007, Human Resources Code, is
   56-4  amended to read as follows:
   56-5        Sec. 152.0007.  DUTIES.  (a)  The juvenile board shall:
   56-6              (1)  establish a juvenile probation department and
   56-7  employ personnel to conduct probation services, including a chief
   56-8  probation officer and, if more than one officer is necessary,
   56-9  assistant officers, who meet the standards set by the Texas
  56-10  Juvenile Probation Commission; and
  56-11              (2)  operate or supervise juvenile services in the
  56-12  county and make recommendations as to the need for and purchase of
  56-13  services.
  56-14        (b)  The juvenile board shall establish guidelines for the
  56-15  appropriate use of the informal adjustment process prescribed by
  56-16  Section 53.03, Family Code, for children referred to juvenile court
  56-17  for delinquent conduct or conduct indicating a need  for
  56-18  supervision.  The guidelines shall prescribe the range of conduct
  56-19  suitable for informal adjustment.  In establishing guidelines under
  56-20  this subsection, the board shall provide a continuum of progressive
  56-21  sanctions and effectively address each incident of misconduct by a
  56-22  child who participates in informal adjustment.  The board is
  56-23  encouraged to seek community assistance in the operation of an
  56-24  informal adjustment program.
  56-25        (c)  The juvenile board shall establish guidelines for the
   57-1  initial assessment of a child by the juvenile probation department.
   57-2  The guidelines shall provide a means for assessing a child's mental
   57-3  health status, family background, and level of education.  The
   57-4  guidelines shall assist the probation department in determining
   57-5  whether a comprehensive psychological evaluation of the child
   57-6  should be conducted.  The board shall require that probation
   57-7  department personnel use assessment information compiled by the
   57-8  child's school, if the information is available, before conducting
   57-9  a comprehensive psychological evaluation of the child.  The board
  57-10  may adopt all or part of the Texas Juvenile Probation Commission's
  57-11  minimum standards for assessment under Section 141.042 in complying
  57-12  with this subsection.
  57-13        SECTION 38.  Subsection (a), Section 461.012, Health and
  57-14  Safety Code, is amended to read as follows:
  57-15        (a)  The commission shall:
  57-16              (1)  provide for research and study of the problems of
  57-17  chemical dependency in this state and seek to focus public
  57-18  attention on those problems through public information and
  57-19  education programs;
  57-20              (2)  plan, develop, coordinate, evaluate, and implement
  57-21  constructive methods and programs for the prevention, intervention,
  57-22  treatment, and rehabilitation of chemical dependency in cooperation
  57-23  with federal and state agencies, local governments, organizations,
  57-24  and persons, and provide technical assistance, funds, and
  57-25  consultation services for statewide and community-based services;
   58-1              (3)  cooperate with and enlist the assistance of:
   58-2                    (A)  other state, federal, and local agencies;
   58-3                    (B)  hospitals and clinics;
   58-4                    (C)  public health, welfare, and criminal justice
   58-5  system authorities;
   58-6                    (D)  educational and medical agencies and
   58-7  organizations; and
   58-8                    (E)  other related public and private groups and
   58-9  persons;
  58-10              (4)  do everything within its authority to expand
  58-11  chemical dependency services for children, including children who
  58-12  have engaged in conduct described by Section 51.03, Family Code,
  58-13  <when funds are available> because of the long-term benefits of
  58-14  those services to the state and its citizens, making expansion of
  58-15  such services a priority of the commission;
  58-16              (5)  sponsor, promote, and conduct educational programs
  58-17  on the prevention and treatment of chemical dependency, and
  58-18  maintain a public information clearinghouse to purchase and provide
  58-19  books, literature, audiovisuals, and other educational material for
  58-20  the programs;
  58-21              (6)  sponsor, promote, and conduct training programs
  58-22  for persons delivering prevention, intervention, treatment, and
  58-23  rehabilitation services and for persons in the criminal justice
  58-24  system or otherwise in a position to identify chemically dependent
  58-25  persons and their families in need of service;
   59-1              (7)  require programs rendering services to chemically
   59-2  dependent persons to safeguard those persons' legal rights of
   59-3  citizenship and maintain the confidentiality of client records as
   59-4  required by state and federal law;
   59-5              (8)  maximize the use of available funds for direct
   59-6  services rather than administrative services;
   59-7              (9)  consistently monitor the expenditure of funds and
   59-8  the provision of services by all grant and contract recipients to
   59-9  assure that the services are effective and properly staffed and
  59-10  meet the standards adopted under this chapter;
  59-11              (10)  make the monitoring reports prepared under
  59-12  Subdivision (9) a matter of public record;
  59-13              (11)  license treatment facilities under Chapter 464;
  59-14              (12)  use funds appropriated to the commission to carry
  59-15  out this chapter and maximize the overall state allotment of
  59-16  federal funds;
  59-17              (13)  develop and implement policies that will provide
  59-18  the public with a reasonable opportunity to appear before the
  59-19  commission and to speak on any issue under the commission's
  59-20  jurisdiction;
  59-21              (14)  establish minimum criteria that peer assistance
  59-22  programs must meet to be governed by and entitled to the benefits
  59-23  of a law that authorizes licensing and disciplinary authorities to
  59-24  establish or approve peer assistance programs for impaired
  59-25  professionals;
   60-1              (15)  adopt rules governing the functions of the
   60-2  commission, including rules that prescribe the policies and
   60-3  procedures followed by the commission in administering any
   60-4  commission programs; <and>
   60-5              (16)  plan, develop, coordinate, evaluate, and
   60-6  implement constructive methods and programs to provide healthy
   60-7  alternatives for youth at risk of selling controlled substances;<.>
   60-8              (17)  develop, in coordination with the Texas Juvenile
   60-9  Probation Commission and the Texas Youth Commission, a database
  60-10  containing information about the prevalence and nature of substance
  60-11  abuse among children who have engaged in conduct described by
  60-12  Section 51.03, Family Code; and
  60-13              (18) <(16)>  submit to the federal government reports
  60-14  and strategies necessary to comply with Section 1926 of the federal
  60-15  Alcohol, Drug Abuse, and Mental Health Administration
  60-16  Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
  60-17  reports and strategies are to be coordinated with appropriate state
  60-18  governmental entities.
  60-19        SECTION 39.  Article 42.18, Code of Criminal Procedure, is
  60-20  amended by adding Section 29 to read as follows:
  60-21        Sec. 29.  DETERMINATE SENTENCE PAROLE.  (a)  Not later than
  60-22  the 90th day before the date the Texas Youth Commission transfers a
  60-23  person to the custody of the pardons and paroles division for
  60-24  release on parole under Section 61.084(f), Human Resources Code,
  60-25  the commission shall submit to the board all pertinent information
   61-1  relating to the person, including:
   61-2              (1)  the juvenile court judgment;
   61-3              (2)  the circumstances of the person's offense;
   61-4              (3)  the person's previous social history and juvenile
   61-5  court records;
   61-6              (4)  the person's physical and mental health record;
   61-7              (5)  a record of the person's conduct, employment
   61-8  history, and attitude while committed to the commission;
   61-9              (6)  a record of the sentence time served by the person
  61-10  at the commission; and
  61-11              (7)  any written comments or information provided by
  61-12  the commission, local officials, or victims of the offense.
  61-13        (b)  Before the release of the person on parole, a parole
  61-14  panel shall review the person's records and may interview the
  61-15  person or any other person the panel considers necessary to
  61-16  determine the conditions of parole.  The panel may impose any
  61-17  reasonable condition of parole on the person that the panel may
  61-18  impose on an adult prisoner under this article.
  61-19        (c)  The parole panel shall furnish the person with a
  61-20  contract clearly describing the conditions and rules of parole.
  61-21  The person must accept and sign the contract as a precondition to
  61-22  release on parole.
  61-23        (d)  While on parole, the person remains in the legal custody
  61-24  of the state and shall comply with the conditions of parole ordered
  61-25  by a parole panel under this section.
   62-1        (e)  The period of parole for a person released to parole
   62-2  under this section is the maximum term for which the person was
   62-3  sentenced less calendar time actually served at the Texas Youth
   62-4  Commission.
   62-5        (f)  If a parole panel revokes the person's parole, the panel
   62-6  may require the person to serve the portion remaining of the
   62-7  person's sentence in the institutional division.  The remaining
   62-8  portion of the person's sentence is computed without credit for the
   62-9  time from the date of the person's release to the date of
  62-10  revocation.  The panel may not recommit the person to the Texas
  62-11  Youth Commission.
  62-12        (g)  For purposes of this article, a person released from the
  62-13  Texas Youth Commission on parole under this section is considered
  62-14  to have been convicted of the offense for which the person has been
  62-15  adjudicated.
  62-16        SECTION 40.  Subsection (b), Section 8.07, Penal Code, is
  62-17  amended to read as follows:
  62-18        (b)  Unless the juvenile court waives jurisdiction under
  62-19  Section 54.02, Family Code, and certifies the individual for
  62-20  criminal prosecution or the juvenile court has previously waived
  62-21  jurisdiction under Section 54.02, Family Code, and certified the
  62-22  individual for criminal prosecution, and the individual is not
  62-23  subject to the jurisdiction of a juvenile court under Section
  62-24  51.036(b), Family Code, a person may not be prosecuted for or
  62-25  convicted of any offense committed before reaching 17 years of age
   63-1  except:
   63-2              (1)  perjury and aggravated perjury when it appears by
   63-3  proof that he had sufficient discretion to understand the nature
   63-4  and obligation of an oath;
   63-5              (2)  a violation of a penal statute cognizable under
   63-6  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
   63-7  (Article  6701l-4, Vernon's Texas Civil Statutes), except conduct
   63-8  which violates the laws of this state prohibiting driving while
   63-9  intoxicated or under the influence of intoxicating liquor (first or
  63-10  subsequent offense) or driving while under the influence of any
  63-11  narcotic drug or of any other drug to a degree which renders him
  63-12  incapable of safely driving a vehicle (first or subsequent
  63-13  offense);
  63-14              (3)  a violation of a motor vehicle traffic ordinance
  63-15  of an incorporated city or town in this state;
  63-16              (4)  a misdemeanor punishable by fine only other than
  63-17  public intoxication; or
  63-18              (5)  a violation of a penal ordinance of a political
  63-19  subdivision.
  63-20        SECTION 41.  Section 413.009, Government Code, is amended to
  63-21  read as follows:
  63-22        Sec. 413.009.  DUTIES OF POLICY COUNCIL.  (a)  To accomplish
  63-23  its duties the policy council shall:
  63-24              (1)  conduct an in-depth analysis of the criminal
  63-25  justice system;
   64-1              (2)  determine the long-range needs of the criminal
   64-2  justice system and recommend policy priorities for the system;
   64-3              (3)  identify critical problems in the criminal justice
   64-4  system and recommend strategies to solve those problems;
   64-5              (4)  assess the cost-effectiveness of the use of state
   64-6  and local funds in the criminal justice system;
   64-7              (5)  recommend means to improve the deterrent and
   64-8  rehabilitative capabilities of the criminal justice system;
   64-9              (6)  advise and assist the legislature in developing
  64-10  plans, programs, and proposed legislation for improving the
  64-11  effectiveness of the criminal justice system;
  64-12              (7)  make computations of daily costs and compare
  64-13  interagency costs on services provided by agencies that are a part
  64-14  of the criminal justice system;
  64-15              (8)  make population computations for use in planning
  64-16  for the long-range needs of the criminal justice system;
  64-17              (9)  determine long-range information needs of the
  64-18  criminal justice system and acquire that information; and
  64-19              (10)  engage in other activities consistent with the
  64-20  responsibilities of the policy council.
  64-21        (b)  In addition  to the policy council's duties under
  64-22  Section 413.008 and Subsection (a) of this section, the policy
  64-23  council may perform any function described in Subsection (a) to
  64-24  promote an effective and cohesive juvenile justice system.
  64-25        SECTION 42.  This Act takes effect September 1, 1995.
   65-1        SECTION 43.  (a)  The change in law made by this Act applies
   65-2  only to conduct that occurs on or after the effective date of this
   65-3  Act.  Conduct violating a penal law of the state occurs on or after
   65-4  the effective date of this Act if every element of the violation
   65-5  occurs on or after that date.
   65-6        (b)  Conduct that occurs before the effective date of this
   65-7  Act is covered by the law in effect at the time the conduct
   65-8  occurred, and the former law is continued in effect for that
   65-9  purpose.
  65-10        (c)  This section does not require the juvenile court to
  65-11  transfer a person to a court of criminal jurisdiction because the
  65-12  person has been previously transferred to a criminal court for an
  65-13  offense committed before the effective date of this Act.
  65-14        SECTION 44.  The Texas Juvenile Probation Commission shall
  65-15  adopt the minimum standards for the initial assessment of children
  65-16  as required by Section 141.042, Human Resources  Code, as amended
  65-17  by Section 34 of this Act, on or before September 1, 1996.
  65-18        SECTION 45.  (a)  The coordinated strategic plan to be
  65-19  adopted by December 1, 1995, pursuant to Section 141.0471, Human
  65-20  Resources Code, as added by Section 33 of this Act, shall include a
  65-21  plan for implementation of an intermediate sanctions program for
  65-22  children adjudicated for delinquent conduct or conduct indicating a
  65-23  need for supervision who are:
  65-24              (1)  placed on probation under Section 54.04, Family
  65-25  Code, and violate the conditions of probation; or
   66-1              (2)  released from the Texas Youth Commission under
   66-2  supervision under Section 61.081, Human Resources Code, and violate
   66-3  the conditions of release.
   66-4        (b)  The plan shall:
   66-5              (1)  identify the types of children suitable for an
   66-6  intermediate sanctions program based on the types of conduct, level
   66-7  of education, and risk of recidivism;
   66-8              (2)  provide for a progressive increase in the type and
   66-9  severity of sanctions for children assigned to the program;
  66-10              (3)  provide for participation in the program by
  66-11  juvenile probation departments and other local authorities;
  66-12              (4)  provide for participation in the program by
  66-13  privately operated juvenile facilities;
  66-14              (5)  establish guidelines for the implementation of
  66-15  pilot boot camp programs with short-term and long-term evaluation
  66-16  components; and
  66-17              (6)  include other relevant aspects necessary for the
  66-18  implementation of an intermediate sanctions program.
  66-19        SECTION 46.  The Texas Juvenile Probation Commission, in
  66-20  collaboration with the Texas Department of Mental Health and Mental
  66-21  Retardation, shall develop a model protocol by which juvenile
  66-22  probation departments shall refer children with mental impairments
  66-23  and children under age 10 to local community management teams of
  66-24  the Children's Mental Health Plan.  The protocol is to be
  66-25  distributed to all juvenile boards, chief probation officers, and
   67-1  community management teams no later than September 1, 1995.
   67-2        SECTION 47.  (a)  The Texas Commission on Alcohol and Drug
   67-3  Abuse shall revise the standard contract by which it contracts with
   67-4  providers of services to include specific outcome measures,
   67-5  monitoring schedules, and provisions for sharing with the Texas
   67-6  Juvenile Probation Commission and the Texas Youth Commission
   67-7  monitoring reports relating to services to juvenile offenders.
   67-8        (b)  The commission shall revise the contract no later than
   67-9  January 1, 1996.
  67-10        SECTION 48.  The importance of this legislation and the
  67-11  crowded condition of the calendars in both houses create an
  67-12  emergency and an imperative public necessity that the
  67-13  constitutional rule requiring bills to be read on three several
  67-14  days in each house be suspended, and this rule is hereby suspended,
  67-15  and that this Act take effect and be in force from and after its
  67-16  passage, and it is so enacted.