By Rodriguez H.B. No. 2930
74R6892 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to delinquent children and children in need of
1-3 supervision, procedures for the disposition of delinquent children
1-4 and children in need of supervision, and juvenile justice.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapters 51, 52, 53, 54, 56, and 57, Family Code,
1-7 are amended to read as follows:
1-8 CHAPTER 51. GENERAL PROVISIONS
1-9 Sec. 51.01. PURPOSE AND INTERPRETATION. This title shall be
1-10 construed to effectuate the following public purposes:
1-11 (1) to provide for the care, the protection, and the
1-12 wholesome moral, mental, and physical development of children
1-13 coming within its provisions;
1-14 (2) to protect the welfare of the community and to
1-15 control the commission of unlawful acts by children;
1-16 (3) consistent with the protection of society to
1-17 provide treatment, training, and rehabilitation that emphasizes
1-18 that a child and his parent are accountable and responsible for his
1-19 conduct and that unlawful actions have consequences <the public
1-20 interest, to remove from children committing unlawful acts the
1-21 taint of criminality and the consequences of criminal behavior and
1-22 to substitute a program of treatment, training, and
1-23 rehabilitation>;
1-24 (4) to achieve the foregoing purposes in a family
2-1 environment whenever possible, separating the child from his
2-2 parents only when necessary for his welfare or in the interest of
2-3 public safety and when a child is removed from his family, to give
2-4 him the care that should be provided by parents; and
2-5 (5) to provide a simple judicial procedure through
2-6 which the provisions of this title are executed and enforced and in
2-7 which the parties are assured a fair hearing and their
2-8 constitutional and other legal rights recognized and enforced.
2-9 Sec. 51.02. DEFINITIONS. In this title:
2-10 (1) "Child" means a person who is:
2-11 (A) ten years of age or older and under 17 years
2-12 of age; or
2-13 (B) seventeen years of age or older and under 19
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 (2) "Parent" means the mother, the father whether or
2-18 not the child is legitimate, or an adoptive parent, but does not
2-19 include a parent whose parental rights have been terminated.
2-20 (3) "Guardian" means the person who, under court
2-21 order, is the guardian of the person of the child or the public or
2-22 private agency with whom the child has been placed by a court.
2-23 (4) "Custodian" means the adult with whom the child
2-24 resides.
2-25 (5) "Juvenile court" means a court designated under
2-26 Section 51.04 of this code to exercise jurisdiction over
2-27 proceedings under this title.
3-1 (6) "Judge" or "juvenile court judge" means the judge
3-2 of a juvenile court.
3-3 (7) "Prosecuting attorney" means the county attorney,
3-4 district attorney, or other attorney who regularly serves in a
3-5 prosecutory capacity in a juvenile court.
3-6 (8) "Law-enforcement officer" means a peace officer as
3-7 defined by Article 2.12, <Texas> Code of Criminal Procedure.
3-8 (9) "Traffic offense" means:
3-9 (A) a violation of a penal statute cognizable
3-10 under Chapter 302, Acts of the 55th Legislature, Regular Session,
3-11 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), excluding
3-12 the offense of failure to stop and render aid defined by Section
3-13 40, Chapter 421, Acts of the 50th Legislature, Regular Session,
3-14 1947 (Article 6701d, Vernon's Texas Civil Statutes)<, as amended
3-15 (Article 802e, Vernon's Texas Penal Code)>; or
3-16 (B) a violation of a motor vehicle traffic
3-17 ordinance of an incorporated city or town in this state.
3-18 (10) "Party" means the state, a child who is the
3-19 subject of proceedings under this subtitle, or the child's parent,
3-20 spouse, guardian, or guardian ad litem.
3-21 (11) "Deadly weapon" means:
3-22 (A) a firearm or anything manifestly designed,
3-23 made, or adapted for the purpose of inflicting death or serious
3-24 bodily injury; or
3-25 (B) anything that in the manner of its use and
3-26 intended use is capable of causing death or serious bodily injury.
3-27 Sec. 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED
4-1 FOR SUPERVISION. (a) Delinquent conduct is:
4-2 (1) conduct, other than a traffic offense, that
4-3 violates a penal law of this state or of the United States
4-4 punishable by imprisonment or by confinement in jail; or
4-5 (2) conduct that violates a reasonable and lawful
4-6 order of a juvenile court entered under Section 54.04 or 54.05 of
4-7 this code, except an order prohibiting the following conduct:
4-8 (A) a violation of the penal laws of this state
4-9 of the grade of misdemeanor that is punishable by fine only or a
4-10 violation of the penal ordinances of any political subdivision of
4-11 this state;
4-12 (B) the unexcused voluntary absence of a child
4-13 from school; or
4-14 (C) the voluntary absence of a child from his
4-15 home without the consent of his parent or guardian for a
4-16 substantial length of time or without intent to return<; or>
4-17 <(3) conduct that violates the laws of this state
4-18 prohibiting driving while intoxicated or under the influence of
4-19 intoxicating liquor (third or subsequent offense) or driving while
4-20 under the influence of any narcotic drug or of any other drug to
4-21 the degree that renders the child incapable of safely driving a
4-22 vehicle (third or subsequent offense)>.
4-23 (b) Conduct indicating a need for supervision is:
4-24 (1) <subject to Subsection (f) of this section,>
4-25 conduct, other than a traffic offense, that violates:
4-26 (A) the penal laws of this state of the grade of
4-27 misdemeanor that are punishable by fine only; or
5-1 (B) the penal ordinances of any political
5-2 subdivision of this state;
5-3 (2) the unexcused voluntary absence of a child on 10
5-4 or more days or parts of days within a six-month period or three or
5-5 more days or parts of days within a four-week period from school
5-6 without the consent of his parents;
5-7 (3) the voluntary absence of a child from his home
5-8 without the consent of his parent or guardian for a substantial
5-9 length of time or without intent to return; or
5-10 (4) <conduct which violates the laws of this state
5-11 prohibiting driving while intoxicated or under the influence of
5-12 intoxicating liquor (first or second offense) or driving while
5-13 under the influence of any narcotic drug or of any other drug to a
5-14 degree which renders him incapable of safely driving a vehicle
5-15 (first or second offense); or>
5-16 <(5)> conduct prohibited by city ordinance or by state
5-17 law involving the inhalation of the fumes or vapors of paint and
5-18 other protective coatings or glue and other adhesives and the
5-19 volatile chemicals itemized in Section 484.002, Health and Safety
5-20 Code.
5-21 (c) Nothing in this title prevents criminal proceedings
5-22 against a child for perjury.
5-23 (d) For the purpose of Subsection (b)(2) of this section an
5-24 absence is excused when the absence results from:
5-25 (1) illness of the child;
5-26 (2) illness or death in the family of the child;
5-27 (3) quarantine of the child and family;
6-1 (4) weather or road conditions making travel
6-2 dangerous;
6-3 (5) an absence approved by a teacher, principal, or
6-4 superintendent of the school in which the child is enrolled; or
6-5 (6) circumstances found reasonable and proper.
6-6 (e) For the purposes of Subdivisions (2) and (3) of
6-7 Subsection (b) of this section, "child" does not include a person
6-8 who is married, divorced, or widowed.
6-9 <(f) Conduct described under Subsection (b)(1) of this
6-10 section, other than conduct that violates Section 42.08, Penal
6-11 Code, prohibiting public intoxication, does not constitute conduct
6-12 indicating a need for supervision unless the child has been
6-13 referred to the juvenile court under Section 51.08(b) of this
6-14 code.>
6-15 Sec. 51.04. JURISDICTION. (a) This title covers the
6-16 proceedings in all cases involving the delinquent conduct or
6-17 conduct indicating a need for supervision engaged in by a person
6-18 who was a child within the meaning of this title at the time he
6-19 engaged in the conduct, and the juvenile court has exclusive
6-20 original jurisdiction over proceedings under this title except as
6-21 this title provides otherwise. Notwithstanding any other provision
6-22 of this title, a person who is alleged to have committed an offense
6-23 enumerated in Section 53.045, while the person was a child, may be
6-24 prosecuted for the offense within the period of limitation for the
6-25 offense as provided by Chapter 12, Code of Criminal Procedure.
6-26 (b) In each county, the county's juvenile board shall
6-27 designate one or more district, criminal district, domestic
7-1 relations, juvenile, or county courts or county courts at law as
7-2 the juvenile court, subject to Subsections (c) and (d) of this
7-3 section.
7-4 (c) If the county court is designated as a juvenile court,
7-5 at least one other court shall be designated as the juvenile court.
7-6 A county court does not have jurisdiction of a proceeding involving
7-7 a case prosecuted <petition approved by a grand jury> under Section
7-8 53.045 of this code.
7-9 (d) If the judge of a court designated in Subsection (b) or
7-10 (c) of this section is not an attorney licensed in this state,
7-11 there shall also be designated an alternate court, the judge of
7-12 which is an attorney licensed in this state.
7-13 (e) A designation made under Subsection (b) or (c) of this
7-14 section may be changed from time to time by the authorized boards
7-15 or judges for the convenience of the people and the welfare of
7-16 children. However, there must be at all times a juvenile court
7-17 designated for each county. <It is the intent of the legislature
7-18 that in selecting a court to be the juvenile court of each county,
7-19 the selection shall be made as far as practicable so that the court
7-20 designated as the juvenile court will be one which is presided over
7-21 by a judge who has a sympathetic understanding of the problems of
7-22 child welfare and that changes in the designation of juvenile
7-23 courts be made only when the best interest of the public requires
7-24 it.>
7-25 (f) If the judge of the juvenile court or any alternate
7-26 judge named under Subsection (b) or (c) of this section is not in
7-27 the county or is otherwise unavailable, any magistrate may conduct
8-1 the detention hearing provided for in Section 54.01 of this code.
8-2 (g) The juvenile board, or if there is no juvenile board,
8-3 the juvenile court, may appoint a referee to conduct hearings under
8-4 this title and in accordance with Section 54.10 of this code. The
8-5 referee shall be an attorney licensed to practice law in this
8-6 state. Payment of any referee services shall be provided from
8-7 county funds.
8-8 Sec. 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision
8-9 of this title requires a jury of 12 persons, that provision
8-10 prevails over any other law that limits the number of members of a
8-11 jury in a particular county court at law. The state and the child
8-12 <defense> are entitled to the same number of peremptory challenges
8-13 allowed in a district court.
8-14 Sec. 51.05. COURT SESSIONS AND FACILITIES. (a) The
8-15 juvenile court shall be deemed in session at all times. Suitable
8-16 quarters shall be provided by the commissioners court of each
8-17 county for the hearing of cases and for the use of the judge, the
8-18 prosecuting attorney, the probation officer, and other employees of
8-19 the court.
8-20 (b) The juvenile court and the juvenile board shall report
8-21 annually to the commissioners court on the suitability of the
8-22 quarters and facilities of the juvenile court and may make
8-23 recommendations for their improvement.
8-24 Sec. 51.06. VENUE. <(a)> A proceeding under this title
8-25 shall be commenced in<:>
8-26 <(1) the county in which the child resides; or>
8-27 <(2)> the county in which the alleged delinquent
9-1 conduct or conduct indicating a need for supervision occurred.
9-2 <(b) An application for a writ of habeas corpus brought by
9-3 or on behalf of a child who has been committed to an institution
9-4 under the jurisdiction of the Texas Youth Commission and which
9-5 attacks the validity of the judgment of commitment shall be brought
9-6 in the county in which the court that entered the judgment of
9-7 commitment is located.>
9-8 Sec. 51.07. TRANSFER TO ANOTHER COUNTY. (a) When a child
9-9 has been found to have engaged in delinquent conduct or conduct
9-10 indicating a need for supervision under Section 54.03 of this code,
9-11 the juvenile court, with the consent of the child <and appropriate
9-12 adult> given in accordance with Section 51.09 of this code, may
9-13 transfer the case and transcripts of records and documents to the
9-14 juvenile court of the county where the child resides for
9-15 disposition of the case under Section 54.04 of this code.
9-16 (b) When a child who is on probation moves with his family
9-17 from one county to another, the juvenile court may transfer the
9-18 case to the juvenile court in the county of the child's new
9-19 residence if the transfer is in the best interest of the child. In
9-20 all other cases of transfer, consent of the receiving court is
9-21 required. The transferring court shall forward transcripts of
9-22 records and documents in the case to the judge of the receiving
9-23 court.
9-24 Sec. 51.08. TRANSFER FROM CRIMINAL COURT. <(a)> If the
9-25 defendant in a criminal proceeding is a child who is charged with
9-26 an offense other than an offense under Section 53.045 for which a
9-27 grand jury has approved the charging instrument, perjury, or a
10-1 traffic offense, <a misdemeanor punishable by fine only other than
10-2 public intoxication, or a violation of a penal ordinance of a
10-3 political subdivision, unless he has been transferred to criminal
10-4 court under Section 54.02 of this code,> the court exercising
10-5 criminal jurisdiction shall transfer the case to the juvenile
10-6 court, together with a copy of the accusatory pleading and other
10-7 papers, documents, and transcripts of testimony relating to the
10-8 case, and shall order that the child be taken to the place of
10-9 detention designated by the juvenile court, or shall release him to
10-10 the custody of his parent, guardian, or custodian, to be brought
10-11 before the juvenile court at a time designated by that court.
10-12 <(b) A court in which there is pending a complaint against a
10-13 child alleging a violation of a misdemeanor offense punishable by
10-14 fine only other than a traffic offense or public intoxication or a
10-15 violation of a penal ordinance of a political subdivision other
10-16 than a traffic offense:>
10-17 <(1) shall waive its original jurisdiction and refer a
10-18 child to juvenile court if the child has previously been convicted
10-19 of:>
10-20 <(A) two or more misdemeanors punishable by fine
10-21 only other than a traffic offense or public intoxication;>
10-22 <(B) two or more violations of a penal ordinance
10-23 of a political subdivision other than a traffic offense; or>
10-24 <(C) one or more of each of the types of
10-25 misdemeanors described in Paragraph (A) or (B) of this subdivision;
10-26 and>
10-27 <(2) may waive its original jurisdiction and refer a
11-1 child to juvenile court if the child:>
11-2 <(A) has not previously been convicted of a
11-3 misdemeanor punishable by fine only other than a traffic offense or
11-4 public intoxication or a violation of a penal ordinance of a
11-5 political subdivision other than a traffic offense; or>
11-6 <(B) has previously been convicted of fewer than
11-7 two misdemeanors punishable by fine only other than a traffic
11-8 offense or public intoxication or two violations of a penal
11-9 ordinance of a political subdivision other than a traffic offense.>
11-10 <(c) A court in which there is pending a complaint against a
11-11 child alleging a violation of a misdemeanor offense punishable by
11-12 fine only other than a traffic offense or public intoxication or a
11-13 violation of a penal ordinance of a political subdivision other
11-14 than a traffic offense shall notify the juvenile court of the
11-15 county in which the court is located of the pending complaint and
11-16 shall furnish to the juvenile court a copy of the final disposition
11-17 of any matter for which the court does not waive its original
11-18 jurisdiction under Subsection (b) of this section.>
11-19 Sec. 51.09. WAIVER OF RIGHTS. <(a)> Unless a contrary
11-20 intent clearly appears elsewhere in this title, any right granted
11-21 to a child by this title or by the constitution or laws of this
11-22 state or the United States may be waived in proceedings under this
11-23 title if:
11-24 (1) the waiver is made by the child <and the attorney
11-25 for the child>;
11-26 (2) the child <and the attorney> waiving the right is
11-27 <are> informed of and understands <understand> the right and the
12-1 possible consequences of waiving it;
12-2 (3) the waiver is voluntary; and
12-3 (4) the waiver is made in writing or in court
12-4 proceedings that are recorded.
12-5 <(b) Notwithstanding any of the provisions of Subsection (a)
12-6 of this section, the statement of a child is admissible in evidence
12-7 in any future proceeding concerning the matter about which the
12-8 statement was given if:>
12-9 <(1) when the child is in a detention facility or
12-10 other place of confinement or in the custody of an officer, the
12-11 statement is made in writing and the statement shows that the child
12-12 has at some time prior to the making thereof received from a
12-13 magistrate a warning that:>
12-14 <(A) the child may remain silent and not make
12-15 any statement at all and that any statement that the child makes
12-16 may be used in evidence against the child;>
12-17 <(B) the child has the right to have an attorney
12-18 present to advise the child either prior to any questioning or
12-19 during the questioning;>
12-20 <(C) if the child is unable to employ an
12-21 attorney, the child has the right to have an attorney appointed to
12-22 counsel with the child prior to or during any interviews with peace
12-23 officers or attorneys representing the state;>
12-24 <(D) the child has the right to terminate the
12-25 interview at any time;>
12-26 <(E) if the child is 15 years of age or older at
12-27 the time of the violation of a penal law of the grade of felony the
13-1 juvenile court may waive its jurisdiction and the child may be
13-2 tried as an adult;>
13-3 <(F) the child may be sentenced to commitment in
13-4 the Texas Youth Commission with a transfer to the institutional
13-5 division of the Texas Department of Criminal Justice for a term not
13-6 to exceed 30 years if the child is found to have engaged in
13-7 delinquent conduct, alleged in a petition approved by a grand jury,
13-8 that included:>
13-9 <(i) murder;>
13-10 <(ii) capital murder;>
13-11 <(iii) aggravated kidnapping;>
13-12 <(iv) aggravated sexual assault;>
13-13 <(v) deadly assault on a law enforcement
13-14 officer, corrections officer, court participant, or probation
13-15 personnel; or>
13-16 <(vi) attempted capital murder; and>
13-17 <(G) the statement must be signed in the
13-18 presence of a magistrate by the child with no law enforcement
13-19 officer or prosecuting attorney present, except that a magistrate
13-20 may require a bailiff or a law enforcement officer if a bailiff is
13-21 not available to be present if the magistrate determines that the
13-22 presence of the bailiff or law enforcement officer is necessary for
13-23 the personal safety of the magistrate or other court personnel,
13-24 provided that the bailiff or law enforcement officer may not carry
13-25 a weapon in the presence of the child. The magistrate must be
13-26 fully convinced that the child understands the nature and contents
13-27 of the statement and that the child is signing the same
14-1 voluntarily. If such a statement is taken, the magistrate shall
14-2 sign a written statement verifying the foregoing requisites have
14-3 been met.>
14-4 <The child must knowingly, intelligently, and voluntarily
14-5 waive these rights prior to and during the making of the statement
14-6 and sign the statement in the presence of a magistrate who must
14-7 certify that he has examined the child independent of any law
14-8 enforcement officer or prosecuting attorney, except as required to
14-9 ensure the personal safety of the magistrate or other court
14-10 personnel, and has determined that the child understands the nature
14-11 and contents of the statement and has knowingly, intelligently, and
14-12 voluntarily waived these rights.>
14-13 <(2) it be made orally and the child makes a statement
14-14 of facts or circumstances that are found to be true, which conduct
14-15 tends to establish his guilt, such as the finding of secreted or
14-16 stolen property, or the instrument with which he states the offense
14-17 was committed.>
14-18 <(3) the statement was res gestae of the delinquent
14-19 conduct or the conduct indicating a need for supervision or of the
14-20 arrest.>
14-21 <(c) A warning under Subsection (b)(1)(E) or Subsection
14-22 (b)(1)(F) of this section is required only when applicable to the
14-23 facts of the case. A failure to warn a child under Subsection
14-24 (b)(1)(E) of this section does not render a statement made by the
14-25 child inadmissible unless the child is transferred to a criminal
14-26 district court under Section 54.02 of this code. A failure to warn
14-27 a child under Subsection (b)(1)(F) of this section does not render
15-1 a statement made by the child inadmissible unless the state
15-2 proceeds against the child on a petition approved by a grand jury
15-3 under Section 53.045 of this code.>
15-4 <(c) In addition to the warnings that a child must receive
15-5 under Subsection (b)(1) of this section for the child's statement
15-6 to be admissible in evidence, the child must also receive a warning
15-7 from the magistrate that the child may be sentenced to commitment
15-8 in the Texas Youth Commission with a transfer to the institutional
15-9 division of the Texas Department of Criminal Justice for a term not
15-10 to exceed 40 years if the child is found to have engaged in
15-11 delinquent conduct, alleged in a petition approved by a grand jury,
15-12 that included:>
15-13 <(1) murder (Section 19.02, Penal Code);>
15-14 <(2) capital murder (Section 19.03, Penal Code);>
15-15 <(3) aggravated kidnapping (Section 20.04, Penal
15-16 Code);>
15-17 <(4) aggravated sexual assault (Section 22.021, Penal
15-18 Code);>
15-19 <(5) deadly assault on a law enforcement officer,
15-20 corrections officer, or court participant (Section 22.03, Penal
15-21 Code); or>
15-22 <(6) criminal attempt (Section 15.01, Penal Code) if
15-23 the offense attempted was capital murder (Section 19.03, Penal
15-24 Code).>
15-25 <(d) This section does not preclude the admission of a
15-26 statement made by the child if:>
15-27 <(1) the child makes the statement:>
16-1 <(A) in open court at the child's adjudication
16-2 hearing;>
16-3 <(B) before a grand jury considering a petition,
16-4 under Section 53.045 of this code, that the child engaged in
16-5 delinquent conduct; or>
16-6 <(C) at a preliminary hearing concerning the
16-7 child held in compliance with this code, other than at a detention
16-8 hearing under Section 54.01 of this code;>
16-9 <(2) the statement does not stem from custodial
16-10 interrogation; or>
16-11 <(3) without regard to whether the statement stems
16-12 from custodial interrogation, the statement is voluntary and has a
16-13 bearing on the credibility of the child as a witness.>
16-14 Sec. 51.091. STATEMENTS; WHEN STATEMENTS MAY BE USED. (a)
16-15 A statement of a child may be used in evidence against him if it
16-16 appears that the statement was freely and voluntarily made without
16-17 compulsion or persuasion, under the rules provided in this section.
16-18 In this title, a written statement of a child means a statement
16-19 signed by the child or a statement made by the child in his own
16-20 handwriting or, if the child is unable to sign his name, a
16-21 statement bearing his mark and witnessed by a person other than a
16-22 law enforcement officer.
16-23 (b) A written statement made by a child as a result of
16-24 custodial interrogation is not admissible as evidence against him
16-25 in a criminal proceeding unless it is shown on the face of the
16-26 statement that the child prior to making the statement received the
16-27 following warnings from a law enforcement officer:
17-1 (1) that he has the right to remain silent and not
17-2 make any statement at all and that any statement he makes may be
17-3 used against him at his trial;
17-4 (2) that any statement he makes may be used as
17-5 evidence against him in court;
17-6 (3) that he has the right to have a lawyer present to
17-7 advise him prior to and during any questioning;
17-8 (4) that if he or his parents are unable to employ a
17-9 lawyer he has the right to have a lawyer appointed to advise him
17-10 prior to and during any questioning;
17-11 (5) that he has the right to terminate the interview
17-12 at any time;
17-13 (6) if he is a suspect in an offense listed in Section
17-14 53.045, that a grand jury may return a charge against him, that the
17-15 offense would be tried in district court, and that he may be
17-16 sentenced to the institutional division of the Texas Department of
17-17 Criminal Justice in the same manner as if an adult had committed
17-18 the offense, with a commitment to the Texas Youth Commission until
17-19 the child reaches the age of 17 and an automatic transfer to the
17-20 institutional division of the Texas Department of Criminal Justice
17-21 when he reaches the age of 17 to complete his sentence; and
17-22 (7) that he may be sentenced to commitment in the
17-23 Texas Youth Commission with a transfer to the institutional
17-24 division of the Texas Department of Criminal Justice for a term not
17-25 to exceed 40 years.
17-26 (c) A written statement made by the child must be signed by
17-27 the child in the presence of a magistrate with no law enforcement
18-1 officer or prosecuting attorney present. However, the magistrate
18-2 may require the presence of a bailiff or law enforcement officer if
18-3 necessary for the personal safety of the magistrate or other court
18-4 personnel, provided that the bailiff or law enforcement officer may
18-5 not carry a weapon in the presence of the child.
18-6 (d) The magistrate must be fully convinced that the child
18-7 understands the nature and contents of the statement and that the
18-8 child is signing the statement voluntarily.
18-9 (e) If a statement is made, the magistrate shall sign a
18-10 written statement verifying that the requirements of this section
18-11 have been met.
18-12 (f) A warning under Subsections (b)(6) and (7) is required
18-13 only when applicable to the facts of the case.
18-14 (g) Failure to give the warnings under Subsections (b)(6)
18-15 and (7) does not render a statement made by the child inadmissible
18-16 unless the child is charged by a grand jury under Section 53.045.
18-17 (h) The child must knowingly, intelligently, and voluntarily
18-18 waive the child's rights prior to and during the making of the
18-19 statement and sign the statement in the presence of a magistrate,
18-20 who must certify that he has examined the child independently of
18-21 any law enforcement officer or prosecuting attorney, except as
18-22 provided by Subsection (c), and has determined that the child
18-23 understands the nature and contents of the statement and had
18-24 knowingly, intelligently, and voluntarily waived the child's
18-25 rights.
18-26 (i) An oral statement of the child is admissible if the
18-27 statement:
19-1 (1) includes a statement by the child of the facts or
19-2 circumstances concerning the child that are found to be true and
19-3 describes conduct that tends to establish his guilt, such as the
19-4 finding of secreted or stolen property or the instrument with which
19-5 he states the offense was committed; or
19-6 (2) was res gestae of the delinquent conduct, of the
19-7 conduct indicating a need for supervision, or of the arrest.
19-8 (j) This section does not preclude admission of a statement
19-9 made by the child if:
19-10 (1) the child makes the statement:
19-11 (A) in open court at the child's adjudication
19-12 hearing or in his trial in district court;
19-13 (B) before a grand jury;
19-14 (C) at a preliminary hearing concerning the
19-15 child held in compliance with this code; or
19-16 (D) at a detention hearing;
19-17 (2) the statement does not arise from the child's
19-18 custodial interrogation; or
19-19 (3) without regard to whether the statement arises
19-20 from the child's custodial interrogation, the statement is made
19-21 voluntarily and has a bearing on the credibility of the child as a
19-22 witness.
19-23 Sec. 51.10. RIGHT TO ASSISTANCE OF ATTORNEY; COMPENSATION.
19-24 (a) A child may be represented by an attorney at every stage of
19-25 proceedings under this title, including:
19-26 (1) the detention hearing required by Section 54.01 of
19-27 this code;
20-1 (2) a trial in district court if a grand jury has
20-2 approved the charge under Section 53.045 <the hearing to consider
20-3 transfer to criminal court required by Section 54.02> of this code;
20-4 (3) the adjudication hearing for delinquent conduct
20-5 required by Section 54.03 of this code;
20-6 (4) the disposition hearing for delinquent conduct
20-7 required by Section 54.04 or 54.0401 of this code;
20-8 (5) the hearing to modify disposition required by
20-9 Section 54.05 of this code;
20-10 (6) hearings required by Chapter 55 of this code;
20-11 (7) habeas corpus proceedings challenging the legality
20-12 of detention resulting from action under this title; and
20-13 (8) proceedings in an appellate <a> court <of civil
20-14 appeals or the Texas Supreme Court> reviewing proceedings under
20-15 this title.
20-16 (b) The child's right to representation by an attorney shall
20-17 not be waived in:
20-18 (1) a trial in district court if a grand jury has
20-19 returned a charge under Section 53.045 of this code for delinquent
20-20 conduct <hearing to consider transfer to criminal court as required
20-21 by Section 54.02 of this code>;
20-22 (2) an adjudication hearing for delinquent conduct as
20-23 required by Section 54.03 of this code;
20-24 (3) a disposition hearing for delinquent conduct as
20-25 required by Section 54.04 or 54.0401 of this code;
20-26 (4) a hearing prior to commitment to the Texas Youth
20-27 Commission as a modified disposition in accordance with Section
21-1 54.05(f) of this code; or
21-2 (5) hearings required by Chapter 55 of this code.
21-3 (c) If the child was not represented by an attorney at the
21-4 detention hearing required by Section 54.01 of this code and a
21-5 determination was made to detain the child, the child shall
21-6 immediately be entitled to representation by an attorney. The
21-7 court may order the retention of an attorney according to
21-8 Subsection (d) of this section <Section 51.10(d) of this code> or
21-9 appoint an attorney according to Subsection (f) of this section
21-10 <Section 51.10(f) of this code>.
21-11 (d) The court shall order a child's parent or other person
21-12 responsible for support of the child to employ an attorney to
21-13 represent the child, if:
21-14 (1) the child is not represented by an attorney;
21-15 (2) after giving the appropriate parties an
21-16 opportunity to be heard, the court determines that the parent or
21-17 other person responsible for support of the child is financially
21-18 able to employ an attorney to represent the child; and
21-19 (3) the child's right to representation by an
21-20 attorney:
21-21 (A) has not been waived under Section 51.09 of
21-22 this code; or
21-23 (B) may not be waived under Subsection (b) of
21-24 this section.
21-25 (e) The court may enforce orders under Subsection (c) of
21-26 this section by proceedings under Section 54.07 of this code or by
21-27 appointing counsel and ordering the parent or other person
22-1 responsible for support of the child to pay a reasonable attorney's
22-2 fee set by the court. The order may be enforced under Section
22-3 54.07 of this code.
22-4 (f) The court shall appoint an attorney to represent the
22-5 interest of a child entitled to representation by an attorney, if:
22-6 (1) the child is not represented by an attorney;
22-7 (2) the court determines that the child's parent or
22-8 other person responsible for support of the child is financially
22-9 unable to employ an attorney to represent the child; and
22-10 (3) the child's right to representation by an
22-11 attorney:
22-12 (A) has not been waived under Section 51.09 of
22-13 this code; or
22-14 (B) may not be waived under Subsection (b) of
22-15 this section.
22-16 (g) The juvenile court may appoint an attorney in any case
22-17 in which it deems representation necessary to protect the interests
22-18 of the child.
22-19 (h) Any attorney representing a child in proceedings under
22-20 this title is entitled to 10 days to prepare for any adjudication
22-21 or transfer hearing under this title.
22-22 (i) Except as provided in Subsection (d) of this section, an
22-23 attorney appointed under this section to represent the interests of
22-24 a child shall be paid from the general fund of the county in which
22-25 the proceedings were instituted according to the schedule in
22-26 Article 26.05, <of the Texas> Code of Criminal Procedure<, 1965>.
22-27 <For this purpose, a bona fide appeal to a court of civil appeals
23-1 or proceedings on the merits in the Texas Supreme Court are
23-2 considered the equivalent of a bona fide appeal to the Texas Court
23-3 of Criminal Appeals.>
23-4 Sec. 51.11. GUARDIAN AD LITEM. (a) If a child appears
23-5 before the juvenile court without a parent or guardian, the court
23-6 shall appoint the child's attorney as <a> guardian ad litem to
23-7 protect the interests of the child. <The juvenile court need not
23-8 appoint a guardian ad litem if a parent or guardian appears with
23-9 the child.>
23-10 (b) In any case in which it appears to the juvenile court
23-11 that the child's parent or guardian is incapable or unwilling to
23-12 make decisions in the best interest of the child with respect to
23-13 proceedings under this title, the court may appoint the child's
23-14 attorney as <a> guardian ad litem to protect the interests of the
23-15 child in the proceedings.
23-16 <(c) An attorney for a child may also be his guardian ad
23-17 litem. A law-enforcement officer, probation officer, or other
23-18 employee of the juvenile court may not be appointed guardian ad
23-19 litem.>
23-20 Sec. 51.12. PLACE AND CONDITIONS OF DETENTION. (a) A
23-21 <Except after transfer to criminal court for prosecution under
23-22 Section 54.02 of this code, a> child shall not be detained in or
23-23 committed to a compartment of a jail or lockup in which adults
23-24 arrested for, charged with, or convicted of crime are detained or
23-25 committed<, nor be permitted contact with such persons>.
23-26 (b) The proper authorities in each county shall provide a
23-27 suitable place of detention for children who are parties to
24-1 proceedings under this title, but the juvenile court shall control
24-2 the conditions and terms of detention and detention supervision and
24-3 shall permit visitation with the child at all reasonable times.
24-4 (c) In each county, the judge of the juvenile court and the
24-5 members of the juvenile board shall personally inspect the
24-6 detention facilities at least annually and shall certify in writing
24-7 to the authorities responsible for operating and giving financial
24-8 support to the facilities that they are suitable or unsuitable for
24-9 the detention of children in accordance with:
24-10 (1) the requirements of Subsection (a) of this
24-11 section;
24-12 (2) the requirements of Subchapter A, Chapter 351,
24-13 Local Government Code, if the detention facility is a county jail;
24-14 and
24-15 (3) recognized professional standards for the
24-16 detention of children deemed appropriate by the board, which may
24-17 include minimum standards promulgated by the Texas Juvenile
24-18 Probation Commission. The juvenile board shall annually provide to
24-19 the Texas Juvenile Probation Commission a copy of the standards
24-20 used under this section.
24-21 (d) No child shall be placed in a facility that has not been
24-22 certified under Subsection (c) of this section as suitable for the
24-23 detention of children. A child detained in a facility that has not
24-24 been certified under Subsection (c) of this section as suitable for
24-25 the detention of children shall be entitled to a hearing before a
24-26 judge of a juvenile court to determine where he shall be held in
24-27 custody. If, after the hearing, the judge determines that the
25-1 noncertified facility is the most appropriate place of detention,
25-2 the judge shall so order <immediate release from custody in that
25-3 facility>.
25-4 (e) If there is no certified place of detention in the
25-5 county in which the petition is filed, the designated place of
25-6 detention may be in another county.
25-7 (f) This section shall not apply to a person who is at least
25-8 18 years of age and who was at least 10 years of age and under 17
25-9 years of age at the time he is alleged to have committed a felony
25-10 subject to prosecution in criminal court under Section 53.045 of
25-11 this code. Such person shall be detained in a jail or lockup with
25-12 adults arrested for, charged with, or convicted of crimes.
25-13 Sec. 51.13. EFFECT OF ADJUDICATION OR DISPOSITION. (a) An
25-14 order of adjudication or disposition in a proceeding under this
25-15 title is not a conviction of crime, and does not impose any civil
25-16 disability ordinarily resulting from a conviction or operate to
25-17 disqualify the child in any civil service application or
25-18 appointment.
25-19 (b) The adjudication or disposition of a child or evidence
25-20 adduced in a hearing under this title may be used only in
25-21 subsequent proceedings under this title in which the child is a
25-22 party or in proceedings in which the child is a witness in criminal
25-23 court <subsequent sentencing proceedings in criminal court against
25-24 the child to the extent permitted by the Texas Code of Criminal
25-25 Procedure, 1965>.
25-26 (c) A child may not be committed or transferred to a penal
25-27 institution or other facility used primarily for the execution of
26-1 sentences of persons convicted of crime, except<:>
26-2 <(1)> for temporary detention in a jail or lockup
26-3 pending juvenile court hearing or disposition under conditions
26-4 meeting the requirements of Section 51.12 of this code<;>
26-5 <(2) after transfer for prosecution in criminal court
26-6 under Section 54.02 of this code; or>
26-7 <(3) after transfer from the Texas Youth Commission
26-8 under Section 61.084, Human Resources Code>.
26-9 (d) The provisions of this section shall not apply to a
26-10 child prosecuted in criminal court under Section 54.02.
26-11 Sec. 51.14. FILES AND RECORDS. (a) Except as provided by
26-12 Subsection (f) <(e)> of this section, or by Article 15.27, Code of
26-13 Criminal Procedure, all files and records of a juvenile court or<,>
26-14 a clerk of court<, or a prosecuting attorney> relating to a child
26-15 who is a party to a proceeding under this title are open to
26-16 inspection only by:
26-17 (1) the judge, probation officers, and professional
26-18 staff or consultants of the juvenile court;
26-19 (2) an attorney for a party to the proceeding;
26-20 (3) a prosecuting attorney; <public or private agency
26-21 or institution providing supervision of the child by arrangement of
26-22 the juvenile court, or having custody of the child under juvenile
26-23 court order; or>
26-24 (4) law-enforcement officers; or
26-25 (5) with leave of juvenile court, any other person,
26-26 agency, or institution having a legitimate interest in the
26-27 proceeding or in the work of the court.
27-1 (b) All files and records of a public or private agency or
27-2 institution providing supervision of a child by arrangement of the
27-3 juvenile court or having custody of the child under order of the
27-4 juvenile court are open to inspection only by:
27-5 (1) the professional staff or consultants of the
27-6 agency or institution;
27-7 (2) the judge, probation officers, and professional
27-8 staff or consultants of the juvenile court;
27-9 (3) an attorney for the child;
27-10 (4) a prosecuting attorney;
27-11 (5) law-enforcement officers;
27-12 (6) with leave of the juvenile court, any other
27-13 person, agency, or institution having a legitimate interest in the
27-14 work of the agency or institution; or
27-15 (7) <(5)> the institutional division of the Texas
27-16 Department of Criminal Justice <Corrections>, the Department of
27-17 Public Safety, and the Texas Juvenile Probation Commission, for the
27-18 purpose of maintaining statistical records of recidivism, and for
27-19 diagnosis and classification.
27-20 (c) <Except as provided by this subsection, law-enforcement
27-21 files and records concerning a child shall be kept separate from
27-22 files and records of arrests of adults and shall be maintained on a
27-23 local basis only and not sent to a central state or federal
27-24 depository. The law-enforcement files and records of a person who
27-25 is transferred from the Texas Youth Commission to the Texas
27-26 Department of Corrections under a determinate sentence may be
27-27 transferred to a central state or federal depository for adult
28-1 records on or after the date of transfer. If a child has been
28-2 reported as missing by a parent, guardian, or conservator of that
28-3 child, has escaped from the custody of a juvenile detention
28-4 facility, the Texas Youth Commission, or any other agency to which
28-5 the child has been committed, or is the subject of a bench warrant
28-6 or felony arrest warrant issued by a court after the child has fled
28-7 the jurisdiction of the court, any information or records
28-8 concerning that child may be transferred to and disseminated by the
28-9 Texas Crime Information Center and the National Crime Information
28-10 Center.>
28-11 <(d)> Except as provided by Article 15.27, Code of Criminal
28-12 Procedure, <and except for files and records relating to a charge
28-13 for which a child is transferred under Section 54.02 of this code
28-14 to a criminal court for prosecution, the> law-enforcement files and
28-15 records are not open to public inspection nor may their contents be
28-16 disclosed to the public, but inspection of the files and records is
28-17 permitted by:
28-18 (1) a juvenile court having the child before it in any
28-19 proceeding;
28-20 (2) a prosecuting attorney <an attorney for a party to
28-21 the proceeding>; and
28-22 (3) law-enforcement officers <when necessary for the
28-23 discharge of their official duties>.
28-24 (d) Law-enforcement files and records concerning a child may
28-25 be maintained on a local basis and may be sent to a central state
28-26 or federal depository.
28-27 (e) For the purpose of offering a record as evidence in <the
29-1 punishment phase of> a criminal proceeding, a prosecuting attorney
29-2 may obtain the record of a defendant's felony adjudication <that is
29-3 admissible under Section 3(a), Article 37.07, Code of Criminal
29-4 Procedure,> by submitting a request for the record to the juvenile
29-5 court. If the court has a record to which the prosecuting attorney
29-6 is entitled <under this section>, the court shall certify a copy of
29-7 the record and issue it to the prosecuting attorney. Otherwise,
29-8 the court shall notify the prosecuting attorney that it does not
29-9 have a record to which the attorney is entitled <under this
29-10 section>.
29-11 (f) <(e)> This section does not apply to the following:
29-12 (1) files and records relating to a child that are
29-13 required or authorized to be maintained under the laws regulating
29-14 the operation of motor vehicles in this state; and
29-15 (2) files and records relating to a child who has been
29-16 charged by a grand jury under Section 53.045.
29-17 Sec. 51.15. FINGERPRINTS AND PHOTOGRAPHS. (a) A child who
29-18 is taken into custody under Section 52.01 may be fingerprinted and
29-19 photographed.
29-20 (b) Fingerprint and photograph files or records may be
29-21 maintained on a local basis and may be entered in a central state
29-22 or federal depository. <No child may be fingerprinted without the
29-23 consent of the juvenile court except as provided by this subsection
29-24 or by subsections (f) and (i) of this section. A child's
29-25 fingerprints may be taken and filed by a law-enforcement officer
29-26 investigating a case if:>
29-27 <(1) the child is 15 years of age or older and is
30-1 referred to the juvenile court for any felony; or>
30-2 <(2) the child is under 15 years of age and is
30-3 referred to the juvenile court for a felony listed in Section
30-4 53.045(a) of this code.>
30-5 <(b) Except as provided in Subsections (h) and (i) of this
30-6 section, no child taken into custody may be photographed without
30-7 the consent of the juvenile court unless:>
30-8 <(1) the child is 15 years of age or older and is
30-9 referred to the juvenile court for a felony; or>
30-10 <(2) the child is under 15 years of age and is
30-11 referred to the juvenile court for a felony listed in Section
30-12 53.045(a) of this code.>
30-13 <(c) Fingerprint and photograph files or records of children
30-14 shall be kept separate from those of adults, and fingerprints or
30-15 photographs known to be those of a child shall be maintained on a
30-16 local basis only and not sent to a central state or federal
30-17 depository. However, fingerprint and photograph files or records
30-18 of a person who is transferred from the Texas Youth Commission to
30-19 the Texas Department of Corrections under a determinate sentence
30-20 may be transferred to adult records on or after the date of
30-21 transfer.>
30-22 <(c) Except as provided by this subsection, fingerprint and
30-23 photograph files or records of children shall be kept separate from
30-24 those of adults, and fingerprints or photographs known to be those
30-25 of a child shall be maintained on a local basis only and not sent
30-26 to a central state or federal depository. If a child has been
30-27 reported as missing by a parent, guardian, or conservator of that
31-1 child or a child has escaped from the custody of a juvenile
31-2 detention facility, the Texas Youth Commission, or any other agency
31-3 to which the child has been committed, the child's fingerprints and
31-4 photograph may be sent to and indexed into the files of the
31-5 Department of Public Safety and the Federal Bureau of Investigation
31-6 to aid in the location and identification of the child.>
31-7 <(d) Fingerprint and photograph files or records of children
31-8 are subject to inspection as provided in Subsections (a) and (d) of
31-9 Section 51.14 of this code.>
31-10 <(e) A child's fingerprints and photographs that are not
31-11 transferred under Subsection (c) of this section shall be removed
31-12 from files or records and destroyed if:>
31-13 <(1) a petition alleging that the child engaged in
31-14 delinquent conduct or conduct indicating a need for supervision is
31-15 not filed, or the proceedings are dismissed after a petition is
31-16 filed, or the child is found not to have engaged in the alleged
31-17 conduct;>
31-18 <(2) the person reaches 18 years of age, is not
31-19 subject to commitment to the Texas Youth Commission or to transfer
31-20 under a determinate sentence to the Texas Department of
31-21 Corrections, and there is no record that he committed a criminal
31-22 offense after reaching 17 years of age; or>
31-23 <(3) the person is older than 18 years, at least three
31-24 years have elapsed after the person's release from commitment, and
31-25 there is no evidence that he committed a criminal offense after the
31-26 release.>
31-27 <(f) If latent fingerprints are found during the
32-1 investigation of an offense, and a law-enforcement officer has
32-2 reasonable cause to believe that they are those of a particular
32-3 child, if otherwise authorized by law, he may fingerprint the child
32-4 regardless of the age or offense for purpose of immediate
32-5 comparison with the latent fingerprints. If the comparison is
32-6 negative, the fingerprint card and other copies of the fingerprints
32-7 taken shall be destroyed immediately. If the comparison is
32-8 positive, and the child is referred to the juvenile court, the
32-9 fingerprint card and other copies of the fingerprints taken shall
32-10 be delivered to the court for disposition. If the child is not
32-11 referred to the court, the fingerprint card and other copies of the
32-12 fingerprints taken shall be destroyed immediately.>
32-13 <(g) When destruction of fingerprints or photographs is
32-14 required by Subsection (e), (f), or (h) of this section, the agency
32-15 with custody of the fingerprints or photographs shall proceed with
32-16 destruction without judicial order. However, if the fingerprints
32-17 or photographs are not destroyed, the juvenile court, on its own
32-18 motion or on application by the person fingerprinted or
32-19 photographed, shall order the destruction as required by this
32-20 section.>
32-21 <(h) If, during the investigation of a criminal offense, a
32-22 law enforcement officer has reason to believe that a photograph of
32-23 a child taken into custody or detained as permitted under this
32-24 title will assist in the identification of the offender and if not
32-25 otherwise prohibited by law, the officer may photograph the face of
32-26 the child. If the child is not identified as an offender, the
32-27 photograph and its negative shall be destroyed immediately. If the
33-1 child is identified through the photograph and the child is
33-2 referred to the juvenile court for the offense investigated, the
33-3 photograph and its negative shall be delivered to the juvenile
33-4 court for disposition. If the child is not referred to the
33-5 juvenile court for the offense investigated, the photograph and its
33-6 negative shall be destroyed immediately.>
33-7 <(i) A law enforcement officer may fingerprint or photograph
33-8 a child taken into custody, or detained as permitted under this
33-9 title, for delinquent conduct if the officer is unable to identify
33-10 the child after making a reasonable effort to do so.>
33-11 Sec. 51.151. POLYGRAPH EXAMINATION. (a) If a child is
33-12 taken into custody under Section 52.01 of this code, a person may
33-13 not administer a polygraph examination to the child unless the
33-14 child has received from a law enforcement officer the warnings
33-15 under Section 51.091(b) <without the consent of the child's
33-16 attorney or the juvenile court unless the child is transferred to
33-17 criminal court for prosecution under Section 54.02> of this code.
33-18 (b) This section does not apply if the child is subject to
33-19 criminal court prosecution under Section 54.02 of this code.
33-20 Sec. 51.16. SEALING OF FILES AND RECORDS. (a) On <Except
33-21 as provided by Subsection (j) of this section, on> the application
33-22 of a person who has been adjudicated in juvenile court, or a person
33-23 taken into custody under Section 52.01 of this code <found to have
33-24 engaged in delinquent conduct or conduct indicating a need for
33-25 supervision, or a person taken into custody to determine whether he
33-26 engaged in delinquent conduct or conduct indicating a need for
33-27 supervision, or on the juvenile court's own motion>, the court,
34-1 after hearing, shall order the sealing of the files and records in
34-2 the case, including those specified in Sections 51.14 and 51.15 of
34-3 this code, if the court finds that:
34-4 (1) the person is at least 18 years of age <two years
34-5 have elapsed since final discharge of the person, or since the last
34-6 official action in his case if there was no adjudication>;
34-7 (2) the person has not been adjudicated as having
34-8 violated a penal law of the grade of felony; <since the time
34-9 specified in Subdivision (1) of this subsection, he has not been
34-10 convicted of a felony or a misdemeanor involving moral turpitude or
34-11 found to have engaged in delinquent conduct or conduct indicating a
34-12 need for supervision, and no proceeding is pending seeking
34-13 conviction or adjudication; and>
34-14 (3) the person has not been convicted of criminal
34-15 charges; and
34-16 (4) the person does not have criminal charges pending
34-17 <it is unlikely the person will engage in further delinquent
34-18 conduct or conduct indicating a need for supervision or will commit
34-19 a felony or a misdemeanor involving moral turpitude>.
34-20 (b) On the application of a person who has been adjudicated
34-21 in juvenile court of having violated a penal law of the grade of
34-22 felony, the court may order the sealing of the files and records in
34-23 the case, including those specified in Sections 51.14 and 51.15 of
34-24 this code, if the court finds that:
34-25 (1) the person is 23 years of age or older;
34-26 (2) the files and records have not been:
34-27 (A) made a part of the person's adult record as
35-1 a result of the use of the files or records after the person has
35-2 been prosecuted in criminal court under Section 54.02 of this code;
35-3 or
35-4 (B) used as evidence in the punishment phase of
35-5 a criminal proceeding under Section 3(a), Article 37.07, Code of
35-6 Criminal Procedure; and
35-7 (3) the person has not been convicted of violating a
35-8 penal law of the grade of felony after becoming age 17. <The court
35-9 may grant the relief authorized in Subsection (a) of this section
35-10 at any time after final discharge of the person or after the last
35-11 official action in his case if there was no adjudication.>
35-12 (c) On the motion of a person in whose name files and
35-13 records are kept or on the court's own motion, the court, after a
35-14 hearing, may order the destruction of all files and records
35-15 concerning a person who has been adjudicated in juvenile court or
35-16 who has been taken into custody under Section 52.01 of this code
35-17 if:
35-18 (1) the person is 23 years of age or older; and
35-19 (2) the person has not been adjudicated or convicted
35-20 of violating a penal law of the grade of felony.
35-21 (d) Reasonable notice of a <the> hearing under this section
35-22 shall be given to:
35-23 (1) the person who made the application or who is the
35-24 subject of the files or records named in the motion;
35-25 (2) the prosecuting attorney for the juvenile court;
35-26 (3) <the authority granting the discharge if the final
35-27 discharge was from an institution or from parole;>
36-1 <(4)> the public or private agency or institution
36-2 having custody of files or records named in the application or
36-3 motion; and
36-4 (4) <(5)> the law-enforcement agency having custody of
36-5 files or records named in the application or motion.
36-6 (e) <(d)> Copies of the sealing order or destruction order
36-7 shall be sent to each agency or official therein named.
36-8 (f) <(e)> On entry of the order:
36-9 (1) all <law-enforcement, prosecuting attorney, clerk
36-10 of court, and juvenile court> files and records ordered sealed
36-11 shall be sent to the court issuing the order; and
36-12 (2) <all files and records of a public or private
36-13 agency or institution ordered sealed shall be sent to the court
36-14 issuing the order;>
36-15 <(3) all index references to the files and records
36-16 ordered sealed shall be deleted;>
36-17 <(4)> the juvenile court, clerk of court, prosecuting
36-18 attorney, public or private agency or institution, and
36-19 law-enforcement officers and agencies shall properly reply that no
36-20 record exists with respect to such person upon inquiry in any
36-21 matter<; and>
36-22 <(5) the adjudication shall be vacated and the
36-23 proceeding dismissed and treated for all purposes, including the
36-24 purpose of showing a prior finding of delinquency, as if it had
36-25 never occurred>.
36-26 (g) <(f)> Inspection of the sealed files and records may be
36-27 permitted thereafter by an order of the juvenile court on the
37-1 petition of the person who is the subject of the files or records
37-2 or as provided in Subsection (i). <and only by those persons named
37-3 in the order.>
37-4 <(g) On the final discharge of a child or on the last
37-5 official action in his case if there is no adjudication, the child
37-6 shall be given a written explanation of his rights under this
37-7 section and a copy of the provisions of this section.>
37-8 (h) A person whose files and records have been sealed under
37-9 this section <Act> is not required in any proceeding or in any
37-10 application for employment, information, or licensing to state that
37-11 he has been the subject of a proceeding under this section <Act>;
37-12 and any statement that he has never been adjudicated under this
37-13 title <found to be a delinquent child> shall never be held against
37-14 the person in any criminal or civil proceeding.
37-15 (i) A prosecuting attorney may, by motion before a juvenile
37-16 court, reopen at any time the files and records that have been
37-17 ordered sealed by a juvenile court under this section if the person
37-18 who was the subject of the files and records is indicted for a
37-19 criminal offense that occurred before the person's 23rd birthday or
37-20 at any time is charged with a capital offense or a felony of the
37-21 first degree. <Except as provided by Subsection (j) of this
37-22 section, on the motion of a person in whose name files and records
37-23 are kept or on the court's own motion, the court may order the
37-24 destruction of all files and records concerning a person who has
37-25 been adjudicated to be a child in need of supervision or a
37-26 delinquent child if:>
37-27 <(1) seven years have elapsed since the child's 16th
38-1 birthday; and>
38-2 <(2) the person has not been convicted of a felony.>
38-3 <(j) A court may not order under this section the
38-4 destruction of files and records concerning a person adjudicated as
38-5 having engaged in delinquent conduct that violated a penal law of
38-6 the grade of felony.>
38-7 <(k) A court may not order under this section the sealing of
38-8 files and records concerning a person adjudicated as having engaged
38-9 in delinquent conduct that violated a penal law of the grade of
38-10 felony unless:>
38-11 <(1) the person is 23 years of age or older;>
38-12 <(2) the files and records have not been:>
38-13 <(A) made a part of the person's adult record as
38-14 a result of the use of the files or records after the juvenile
38-15 court under Section 54.02 of this code transferred the person to a
38-16 criminal court for prosecution; or>
38-17 <(B) used as evidence in the punishment phase of
38-18 a criminal proceeding under Section 3(a), Article 37.07, Code of
38-19 Criminal Procedure; and>
38-20 <(3) the person has not been convicted of a penal law
38-21 of the grade of felony after becoming age 17.>
38-22 <(l) A prosecuting attorney may, by motion before a juvenile
38-23 court, reopen at any time the files and records of a person
38-24 adjudicated as having engaged in delinquent conduct that violated a
38-25 penal law of the grade of felony sealed by the court under
38-26 Subsection (k) of this section if, after the court ordered the
38-27 sealing, the person is indicted for a criminal offense that
39-1 occurred before the person's 23rd birthday or at any time is
39-2 charged with a capital offense or a felony of the first degree.>
39-3 Sec. 51.17. PROCEDURE. Except when in conflict with a
39-4 provision of this title, the Code of Criminal Procedure, the Texas
39-5 Rules of Criminal Evidence, and the Texas Rules of Appellate
39-6 Procedure that apply to the appeal of a criminal case shall <Texas
39-7 Rules of Civil Procedure> govern proceedings under this title.
39-8 <Particular reference is made to the burden of proof to be borne by
39-9 the state in adjudicating a child to be delinquent or in need of
39-10 supervision (Section 54.03(f)).>
39-11 Sec. 51.18. ELECTION BETWEEN JUVENILE COURT AND ALTERNATE
39-12 JUVENILE COURT. (a) This section applies only to a child who has
39-13 a right to a trial before a juvenile court the judge of which is
39-14 not an attorney licensed in this state.
39-15 (b) On any matter that may lead to an order appealable under
39-16 Section 56.01 of this code, a child may be tried before either the
39-17 juvenile court or the alternate juvenile court.
39-18 (c) The child may elect to be tried before the alternate
39-19 juvenile court only if the child files a written notice with that
39-20 court not later than 10 days before the date of the trial. After
39-21 the notice is filed, the child may be tried only in the alternate
39-22 juvenile court. If the child does not file a notice as provided by
39-23 this subsection, the child may be tried only in the juvenile court.
39-24 (d) If the child is tried before the juvenile court, the
39-25 child is not entitled to a trial de novo before the alternate
39-26 juvenile court.
39-27 (e) The child may appeal any order of the juvenile court or
40-1 alternate juvenile court only as provided by Section 56.01 of this
40-2 code.
40-3 CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO
40-4 JUVENILE COURT
40-5 Sec. 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING NOTICE.
40-6 (a) A child may be taken into custody:
40-7 (1) <pursuant to an order of the juvenile court under
40-8 the provisions of this subtitle;>
40-9 <(2)> pursuant to the laws of arrest;
40-10 (2) pursuant to an order of the juvenile court under
40-11 the provisions of this subtitle;
40-12 (3) by a law-enforcement officer, including a school
40-13 district peace officer commissioned under Section 21.483, Education
40-14 Code, if there is probable cause <are reasonable grounds> to
40-15 believe that the child has violated a penal law of this state
40-16 <engaged in delinquent conduct or conduct indicating a need for
40-17 supervision>; or
40-18 (4) by a probation officer if there are reasonable
40-19 grounds to believe that the child has violated a condition of
40-20 probation imposed by the juvenile court.
40-21 (b) A person taking a child into custody as authorized by
40-22 Subsection (a) of this section, for the temporary detention of the
40-23 child, shall take the child to:
40-24 (1) a juvenile processing office, which may be an
40-25 office or a room located in a police facility or sheriff's office;
40-26 or
40-27 (2) the place where an official, including a
41-1 magistrate, designated by the juvenile court is located.
41-2 (c) A place described by Subsection (b)(1) or (2) must
41-3 ensure the placing of the child out of the physical presence and
41-4 out of the child's hearing and viewing of any adult detainee who
41-5 has been arrested for, charged with, or convicted of a crime, and
41-6 the place where an official, including a magistrate, designated by
41-7 the juvenile court is located may not be a cell or holding facility
41-8 used for detention other than detention under this section. <The
41-9 taking of a child into custody is not an arrest except for the
41-10 purpose of determining the validity of taking him into custody or
41-11 the validity of a search under the laws and constitution of this
41-12 state or of the United States.>
41-13 (d) A child may be detained in a juvenile processing office
41-14 only for:
41-15 (1) the return of the child to the custody of a person
41-16 as authorized in Subsection (g)(1);
41-17 (2) the completion of essential forms and records
41-18 required by the juvenile court or this title;
41-19 (3) the photographing and fingerprinting of the child
41-20 as authorized under Section 51.15;
41-21 (4) the issuance of warnings to the child as required
41-22 or permitted by this title; or
41-23 (5) the receipt of a statement by the child under
41-24 Section 51.091.
41-25 <(c) A law-enforcement officer authorized to take a child
41-26 into custody under Subdivisions (2) and (3) of Subsection (a) of
41-27 this section may issue a warning notice to the child in lieu of
42-1 taking him into custody if:>
42-2 <(1) guidelines for warning disposition have been
42-3 issued by the law-enforcement agency in which the officer works;>
42-4 <(2) the guidelines have been approved by the juvenile
42-5 court of the county in which the disposition is made;>
42-6 <(3) the disposition is authorized by the guidelines;>
42-7 <(4) the warning notice identifies the child and
42-8 describes his alleged conduct;>
42-9 <(5) a copy of the warning notice is sent to the
42-10 child's parent, guardian, or custodian as soon as practicable after
42-11 disposition; and>
42-12 <(6) a copy of the warning notice is filed with the
42-13 law-enforcement agency and the office or official designated by the
42-14 juvenile court.>
42-15 (e) A child may be taken to the place where an official,
42-16 including a magistrate, designated by the juvenile court is located
42-17 only for:
42-18 (1) the issuance of warnings to the child under
42-19 Section 52.03;
42-20 (2) the issuance of warnings to the child under
42-21 Section 51.091; or
42-22 (3) the receipt of a statement by the child under
42-23 Section 51.091 <(d) A warning notice filed with the office or
42-24 official designated by the juvenile court may be used as the basis
42-25 of further action if necessary>.
42-26 (f) A child may not be detained in a juvenile processing
42-27 facility for longer than six hours.
43-1 (g) <Sec. 52.02. RELEASE OR DELIVERY TO COURT. (a)> A
43-2 person taking a child into custody may<, without unnecessary delay
43-3 and without first taking the child to any place other than a
43-4 juvenile processing office designated under Section 52.025 of this
43-5 code, shall do one of the following>:
43-6 (1) release the child to a parent, guardian, custodian
43-7 of the child, or other responsible adult upon that person's promise
43-8 to bring the child before the juvenile court as requested by the
43-9 court;
43-10 (2) bring the child before the office or official
43-11 designated by the juvenile court if there is probable cause to
43-12 believe that the child violated a law of the state or of the United
43-13 States <engaged in delinquent conduct or conduct indicating a need
43-14 for supervision>;
43-15 (3) bring the child to a detention facility designated
43-16 by the juvenile court;
43-17 (4) bring the child to a medical facility if the child
43-18 is believed to suffer from a serious physical condition or illness
43-19 that requires prompt treatment; or
43-20 (5) dispose of the case under Section 52.04 <52.03> of
43-21 this code.
43-22 (h) <(b)> A person taking a child into custody shall
43-23 promptly give notice of his action and a statement of the reason
43-24 for taking the child into custody, to:
43-25 (1) the child's parent, guardian, or custodian; <and>
43-26 (2) the office or official designated by the juvenile
43-27 court; and
44-1 (3) the prosecutor designated to prosecute juvenile
44-2 cases in that county's designated juvenile court.
44-3 (i) A child may not be left unattended in a juvenile
44-4 processing office, or where an official, including a magistrate,
44-5 designated by the juvenile court is located.
44-6 (j) The taking of a child into custody is not an arrest
44-7 except for the purpose of determining the validity of taking the
44-8 child into custody or the validity of a search under the laws and
44-9 constitution of this state or of the United States.
44-10 Sec. 52.02. REFERRAL TO JUVENILE COURT. (a) A person
44-11 taking a child into custody shall refer that child's case to the
44-12 juvenile court through the office or official designated by the
44-13 juvenile court:
44-14 (1) if there is probable cause to believe that the
44-15 child violated a penal law of this state that is punishable by
44-16 confinement in prison or jail; or
44-17 (2) if there are reasonable grounds to believe that
44-18 the child has engaged in delinquent conduct, has engaged in conduct
44-19 indicating a need for supervision, or has violated a condition of
44-20 probation imposed by the juvenile court.
44-21 (b) A person taking a child into custody shall also refer
44-22 that child's case to the juvenile court through the prosecutor
44-23 designated to prosecute juvenile cases in that county's designated
44-24 juvenile court if there is probable cause to believe that the child
44-25 violated a penal law of this state that is punishable as a felony
44-26 or committed any offense involving a weapon as defined in Chapter
44-27 46, Penal Code, other than a case disposed of under Section 52.04
45-1 of this code.
45-2 (c) A person taking a child into custody may refer that
45-3 child's case to the juvenile court through the office or official
45-4 designated by the juvenile court if there is probable cause to
45-5 believe that the child violated a penal law of this state that is
45-6 designated as a misdemeanor offense punishable by fine only.
45-7 (d) The following shall accompany a referral of a child's
45-8 case to the juvenile court through the prosecutor designated to
45-9 prosecute juvenile cases in that county's designated juvenile
45-10 court, or to the office or official designated by the juvenile
45-11 court where the violation of law, delinquent conduct, or conduct
45-12 indicating a need for supervision occurred, or shall be provided as
45-13 quickly as possible after the referral:
45-14 (1) all information in the possession of the person or
45-15 agency making the referral pertaining to the identity of the child
45-16 and his address, the name and address of the child's parent,
45-17 guardian, or custodian, the names and addresses of any witnesses,
45-18 and the child's present whereabouts;
45-19 (2) a complete statement of the circumstances of the
45-20 alleged violation of a penal law of this state or of the United
45-21 States;
45-22 (3) when applicable, a complete statement of the
45-23 circumstances of taking the child into custody; and
45-24 (4) when referral is by an officer of a law
45-25 enforcement agency, a complete statement of all prior contacts with
45-26 the child by officers of that law enforcement agency.
45-27 (e) The prosecutor designated to prosecute juvenile cases in
46-1 that county's designated juvenile court, or the office or official
46-2 designated by the juvenile court, may refer the child's case to a
46-3 law enforcement agency for the purpose of conducting an
46-4 investigation to obtain necessary information.
46-5 <Sec. 52.025. DESIGNATION OF JUVENILE PROCESSING OFFICE.
46-6 (a) The juvenile court may designate an office or a room, which
46-7 may be located in a police facility or sheriff's offices, as the
46-8 juvenile processing office for the temporary detention of a child
46-9 taken into custody under Section 52.01 of this code. The office
46-10 may not be a cell or holding facility used for detentions other
46-11 than detentions under this section. The juvenile court by written
46-12 order may prescribe the conditions of the designation and limit the
46-13 activities that may occur in the office during the temporary
46-14 detention.>
46-15 <(b) A child may be detained in a juvenile processing office
46-16 only for:>
46-17 <(1) the return of the child to the custody of a
46-18 person under Section 52.02(a)(1) of this code;>
46-19 <(2) the completion of essential forms and records
46-20 required by the juvenile court or this title;>
46-21 <(3) the photographing and fingerprinting of the child
46-22 if otherwise authorized at the time of temporary detention by this
46-23 title;>
46-24 <(4) the issuance of warnings to the child as required
46-25 or permitted by this title; or>
46-26 <(5) the receipt of a statement by the child under
46-27 Section 51.09(b) of this code.>
47-1 <(c) A child may not be left unattended in a juvenile
47-2 processing office and is entitled to be accompanied by the child's
47-3 parent, guardian, or other custodian or by the child's attorney.>
47-4 <(d) A child may not be detained in a juvenile processing
47-5 office for longer than six hours.>
47-6 Sec. 52.026. RESPONSIBILITY FOR TRANSPORTING JUVENILE
47-7 OFFENDERS. (a) It shall be the duty of the law enforcement
47-8 officer who has taken a child into custody to transport the child
47-9 to the appropriate juvenile detention facility if the child is not
47-10 released to the parent, guardian, or custodian of the child.
47-11 (b) If the juvenile detention facility is located outside
47-12 the county in which the child is taken into custody, it shall be
47-13 the duty of the sheriff of that county to transport the child to
47-14 the appropriate juvenile detention facility if the child is not
47-15 released to the parent, guardian, or custodian of the child.
47-16 (c) On adoption of an order by the juvenile board and
47-17 approval of the juvenile board's order by record vote of the
47-18 commissioners court, it shall be the duty of the sheriff of the
47-19 county in which the child is taken into custody to transport the
47-20 child to and from all scheduled juvenile court proceedings and
47-21 appearances and other activities ordered by the juvenile court.
47-22 Sec. 52.03. <DISPOSITION WITHOUT> REFERRAL TO COURT WITHOUT
47-23 TAKING CUSTODY: ISSUANCE OF WARNING NOTICE. (a) A law
47-24 enforcement officer authorized by this title to take a child into
47-25 custody may issue a warning notice to the child in lieu of taking
47-26 him into custody if:
47-27 (1) guidelines for the disposition have been issued by
48-1 the law enforcement agency in which the officer works;
48-2 (2) the guidelines have been approved by the
48-3 designated juvenile court of the county in which the disposition is
48-4 made and the prosecutor designated to prosecute juvenile cases in
48-5 that county's designated juvenile court;
48-6 (3) the disposition is authorized by the guidelines;
48-7 (4) the warning notice identifies the child and
48-8 describes his alleged conduct;
48-9 (5) a copy of the warning notice is sent to the
48-10 child's parent, guardian, or custodian as soon as practicable after
48-11 disposition; and
48-12 (6) a copy of the warning notice is filed with the law
48-13 enforcement agency, the office and the official designated by the
48-14 juvenile court, and the prosecutor designated to prosecute juvenile
48-15 cases in that county's designated juvenile court.
48-16 (b) The warning notice may be used as the basis of further
48-17 action if necessary.
48-18 Sec. 52.04. RELEASE FROM LAW-ENFORCEMENT CUSTODY WITHOUT
48-19 REFERRAL TO COURT. (a) A law-enforcement officer who is
48-20 authorized by this title to take a child into custody, and who
48-21 takes the child into custody, may dispose of the child's case <of a
48-22 child taken into custody> without referral to the juvenile court
48-23 through the prosecutor designated to prosecute juvenile cases in
48-24 that county's designated juvenile court, if:
48-25 (1) guidelines for such disposition have been issued
48-26 by the law-enforcement agency in which the officer works;
48-27 (2) the guidelines have been approved by the
49-1 prosecutor designated to prosecute juvenile cases in that county's
49-2 designated juvenile court and the designated juvenile court of the
49-3 county where <in which> the disposition is made;
49-4 (3) the disposition is authorized by the guidelines;
49-5 and
49-6 (4) the officer makes a written report of his
49-7 disposition to the law-enforcement agency, identifying the child
49-8 and specifying the grounds for believing that the taking into
49-9 custody was authorized.
49-10 (b) No disposition authorized by this section may involve:
49-11 (1) keeping the child in law-enforcement custody; or
49-12 (2) requiring periodic reporting of the child to a
49-13 law-enforcement officer, law-enforcement agency, or other agency.
49-14 (c) A disposition authorized by this section may involve:
49-15 (1) referral of the child to an agency other than the
49-16 juvenile court; or
49-17 (2) a brief conference with the child and his parent,
49-18 guardian, or custodian.
49-19 (d) Statistics indicating the number and kind of
49-20 dispositions made by a law-enforcement agency under the authority
49-21 of this section shall be reported at least annually to the office
49-22 or official designated by the juvenile court, as ordered by the
49-23 court.
49-24 <Sec. 52.04. REFERRAL TO JUVENILE COURT. (a) The following
49-25 shall accompany referral of a child or a child's case to the office
49-26 or official designated by the juvenile court or be provided as
49-27 quickly as possible after referral:>
50-1 <(1) all information in the possession of the person
50-2 or agency making the referral pertaining to the identity of the
50-3 child and his address, the name and address of the child's parent,
50-4 guardian, or custodian, the names and addresses of any witnesses,
50-5 and the child's present whereabouts;>
50-6 <(2) a complete statement of the circumstances of the
50-7 alleged delinquent conduct or conduct indicating a need for
50-8 supervision;>
50-9 <(3) when applicable, a complete statement of the
50-10 circumstances of taking the child into custody; and>
50-11 <(4) when referral is by an officer of a
50-12 law-enforcement agency, a complete statement of all prior contacts
50-13 with the child by officers of that law-enforcement agency.>
50-14 <(b) The office or official designated by the juvenile court
50-15 may refer the case to a law-enforcement agency for the purpose of
50-16 conducting an investigation to obtain necessary information.>
50-17 CHAPTER 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS
50-18 Sec. 53.01. <PRELIMINARY INVESTIGATION AND DETERMINATIONS;
50-19 NOTICE TO PARENTS. (a) On referral of a child or a child's case
50-20 to the office or official designated by the juvenile court, the
50-21 intake officer, probation officer, or other person authorized by
50-22 the court shall conduct a preliminary investigation to determine
50-23 whether:>
50-24 <(1) the person referred to juvenile court is a child
50-25 within the meaning of this title;>
50-26 <(2) there is probable cause to believe the child
50-27 engaged in delinquent conduct or conduct indicating a need for
51-1 supervision; and>
51-2 <(3) further proceedings in the case are in the
51-3 interest of the child or the public.>
51-4 <(b) If it is determined that the person is not a child, or
51-5 there is no probable cause, or further proceedings are not
51-6 warranted, the child shall immediately be released and proceedings
51-7 terminated.>
51-8 <(c) When custody of a child is given to the office or
51-9 official designated by the juvenile court, the intake officer,
51-10 probation officer, or other person authorized by the court shall
51-11 promptly give notice of the whereabouts of the child and a
51-12 statement of the reason he was taken into custody to the child's
51-13 parent, guardian, or custodian unless the notice given under
51-14 Section 52.02(b) of this code provided fair notice of the child's
51-15 present whereabouts.>
51-16 <Sec. 53.02.> RELEASE FROM DETENTION; NOTICE TO PARENTS.
51-17 (a) If a child is brought before the court or delivered to a
51-18 detention facility designated by the court, the intake or other
51-19 authorized officer of the court shall immediately make an
51-20 investigation and shall release the child unless it appears that
51-21 his detention is warranted under Subsection (c) <(b)> of this
51-22 section. The release may be conditioned upon requirements
51-23 reasonably necessary to insure the child's appearance at later
51-24 proceedings, but the conditions of the release must be in writing
51-25 and filed with the office or official designated by the court and a
51-26 copy furnished to the child.
51-27 (b) When custody of a child is given to the office or
52-1 official designated by the juvenile court, the intake officer,
52-2 probation officer, or other person authorized by the court shall
52-3 promptly give notice of the whereabouts of the child and a
52-4 statement of the reason he was taken into custody to the child's
52-5 parent, guardian, or custodian unless the notice given under
52-6 Section 52.01(h) provided fair notice of the child's present
52-7 whereabouts.
52-8 (c) A child taken into custody may be detained prior to
52-9 hearing on the petition only if:
52-10 (1) he is likely to abscond or be removed from the
52-11 jurisdiction of the court;
52-12 (2) suitable supervision, care, or protection for him
52-13 is not being provided by a parent, guardian, custodian, or other
52-14 person;
52-15 (3) he has no parent, guardian, custodian, or other
52-16 person able to return him to the court when required;
52-17 (4) he is accused of committing a felony offense;
52-18 (5) he <and> may be dangerous to himself or others if
52-19 released; or
52-20 (6) <(5)> he has previously been found to be a
52-21 delinquent child or has previously been convicted of a penal
52-22 offense punishable by a term in jail or prison and is likely to
52-23 commit an offense if released.
52-24 (d) <(c)> If the child is not released, a request for
52-25 detention hearing shall be made and promptly presented to the
52-26 court, and an informal detention hearing as provided in Section
52-27 54.01 of this code shall be held promptly, but not later than the
53-1 time required by Section 54.01 of this code.
53-2 Sec. 53.02 <53.03>. INTAKE CONFERENCE AND ADJUSTMENT. (a)
53-3 If the conduct in question is not a felony grade offense or an
53-4 offense as defined by Chapter 46, Penal Code <preliminary
53-5 investigation required by Section 53.01 of this code results in a
53-6 determination that further proceedings in the case are authorized
53-7 and warranted>, the probation officer or other designated officer
53-8 of the court<, subject to the direction of the juvenile court,> may
53-9 advise the parties for a reasonable period of time not to exceed
53-10 six months concerning an informal adjustment and voluntary
53-11 rehabilitation of a child if:
53-12 (1) the program of informal adjustment has been
53-13 approved by the prosecutor designated to prosecute juvenile cases
53-14 in that county's designated juvenile court;
53-15 (2) advice without a court hearing would be in the
53-16 interest of the public and the child;
53-17 (3) <(2)> the child and his parent, guardian, or
53-18 custodian consent with knowledge that consent is not obligatory;
53-19 and
53-20 (4) <(3)> the child and his parent, guardian, or
53-21 custodian are informed that they may terminate the adjustment
53-22 process at any point and petition the court for a court hearing in
53-23 the case.
53-24 (b) The probation officer or other designated officer of the
53-25 court shall immediately notify the prosecuting attorney of the
53-26 decision to place the child on informal adjustment. The
53-27 prosecuting attorney has 15 days from the date the prosecuting
54-1 attorney receives notice to object to the decision for informal
54-2 adjustment. If an objection is made, the case against the child
54-3 shall be referred to the prosecuting attorney for further action.
54-4 (c) Except as otherwise permitted by this title, the child
54-5 may not be detained during or as a result of the adjustment
54-6 process.
54-7 (d) <(c)> An incriminating statement made by a participant
54-8 to the person giving advice and in the discussions or conferences
54-9 incident thereto may not be used against the declarant in any court
54-10 hearing.
54-11 (e) <(d)> An informal adjustment authorized by Subsection
54-12 (a) of this section may involve:
54-13 (1) voluntary restitution by the child or his parent
54-14 to the victim of an offense; or
54-15 (2) voluntary community service restitution by the
54-16 child.
54-17 (f) <(e)> The court may adopt a fee schedule for informal
54-18 adjustment services and rules for the waiver of a fee for financial
54-19 hardship in accordance with guidelines that the Texas Juvenile
54-20 Probation Commission shall provide. The maximum fee is $15 a
54-21 month. If the court adopts a schedule and rules for waiver, the
54-22 probation officer or other designated officer of the court shall
54-23 collect the fee authorized by the schedule from the parent,
54-24 guardian, or custodian of a child for whom an informal adjustment
54-25 is authorized under this section or waive the fee in accordance
54-26 with the rules adopted by the court. The officer shall deposit the
54-27 fees received under this section in the county treasury to the
55-1 credit of a special fund that may be used only for juvenile
55-2 probation or community-based juvenile corrections services or
55-3 facilities in which a juvenile may be required to live while under
55-4 court supervision. If the court does not adopt a schedule and
55-5 rules for waiver, a fee for informal adjustment services may not be
55-6 imposed.
55-7 Sec. 53.03 <53.04>. COURT PETITION<; ANSWER>. (a) A <If
55-8 the preliminary investigation, required by Section 53.01 of this
55-9 code results in a determination that further proceedings are
55-10 authorized and warranted, a> petition for an adjudication <or
55-11 transfer hearing> of a child alleged to have engaged in delinquent
55-12 conduct or conduct indicating a need for supervision may be made as
55-13 promptly as practicable by a prosecuting attorney who has knowledge
55-14 of the facts alleged or is informed and believes that they are
55-15 true.
55-16 (b) The proceedings shall be styled "State v. ____________."
55-17 <"In the matter of ____________.">
55-18 (c) The petition may be on information and belief.
55-19 (d) The petition must <state>:
55-20 (1) commence, "In the name and by authority of the
55-21 State of Texas by and through the prosecuting attorney"; <with
55-22 reasonable particularity the time, place, and manner of the acts
55-23 alleged and the penal law or standard of conduct allegedly violated
55-24 by the acts;>
55-25 (2) state the name of the accused, or state that his
55-26 name is unknown and give a reasonably accurate description; <the
55-27 name, age, and residence address, if known, of the child who is the
56-1 subject of the petition;>
56-2 (3) state the place where the offense was committed,
56-3 indicating jurisdiction of the court in which the petition is
56-4 presented; <the names and residence addresses, if known, of the
56-5 parent, guardian, or custodian of the child and of the child's
56-6 spouse, if any; and>
56-7 (4) state the offense in plain and intelligible words;
56-8 (5) conclude "Against the peace and dignity of the
56-9 State"; and
56-10 (6) be signed officially by the prosecuting attorney
56-11 or a designated agent of the prosecuting attorney. <if the child's
56-12 parent, guardian, or custodian does not reside or cannot be found
56-13 in the state, or if their places of residence are unknown, the name
56-14 and residence address of any known adult relative residing in the
56-15 county or, if there is none, the name and residence address of the
56-16 known adult relative residing nearest to the location of the
56-17 court.>
56-18 (e) Separate petitions may be joined for trial in accordance
56-19 with Chapter 3, Penal Code, and each count may result in a separate
56-20 judgment of guilt. Judgments of guilt may be combined into one
56-21 dispositional order or the court may in its discretion enter
56-22 separate dispositions for each finding of guilt as the case may be.
56-23 <An oral or written answer to the petition may be made at or before
56-24 the commencement of the hearing. If there is no answer, a general
56-25 denial of the alleged conduct is assumed.>
56-26 Sec. 53.045. REFERRAL TO GRAND JURY. (a) The <Except as
56-27 provided by Subsection (e) of this section, the> prosecuting
57-1 attorney may refer the charge <petition> to the grand jury of the
57-2 county in which the court in which the crime was committed if
57-3 <petition is filed presides if the petition alleges that the child
57-4 engaged in delinquent conduct that included the violation of any of
57-5 the following provisions of the Penal Code>:
57-6 (1) the child is accused of violating any offense
57-7 listed in Section 3g, Article 42.12, Code of Criminal Procedure
57-8 <Section 19.02 (murder)>;
57-9 (2) the child is accused of committing the offense of
57-10 sexual assault as defined in Section 22.011, Penal Code <Section
57-11 19.03 (capital murder)>;
57-12 (3) it is shown that a deadly weapon was used or
57-13 exhibited during the commission of a felony offense or during
57-14 immediate flight therefrom, and that the defendant used or
57-15 exhibited the deadly weapon or was a party to the offense and knew
57-16 that a deadly weapon would be used or exhibited; or <Section 20.04
57-17 (aggravated kidnapping);>
57-18 (4) the child has previously been adjudicated for two
57-19 felony offenses and the second offense occurs after the date of the
57-20 adjudication of the first offense. <Section 22.021 (aggravated
57-21 sexual assault);>
57-22 <(5) Section 22.03 (deadly assault on a law
57-23 enforcement officer, corrections officer, or court participant); or>
57-24 <(6) Section 15.01 (criminal attempt), if the offense
57-25 attempted was an offense under Section 19.03 (capital murder).>
57-26 (b) A grand jury may approve the charge <a petition>
57-27 submitted to it under this section by a vote of nine members of the
58-1 grand jury in the same manner that the grand jury votes on the
58-2 presentment of an indictment.
58-3 (c) If the grand jury approves the charge, the charging
58-4 instrument and its accompanying papers shall be filed in the
58-5 appropriate court for criminal proceedings. Although trial will be
58-6 held in the criminal court, the transfer of the case to criminal
58-7 court is not considered an arrest. On transfer of the case for
58-8 criminal proceedings, the case shall be set for trial as if an
58-9 indictment had occurred, shall be held for trial as if an
58-10 indictment had occurred, and shall be held in accordance with the
58-11 Code of Criminal Procedure and the Texas Rules of Criminal
58-12 Evidence. <The grand jury has all the powers to investigate the
58-13 facts and circumstances relating to a petition submitted under this
58-14 section as it has to investigate other criminal activity but may
58-15 not issue an indictment unless the child is transferred to a
58-16 criminal court as provided by Section 54.02 of this code.>
58-17 (d) If the grand jury fails to approve the charge, the case
58-18 may be filed by way of a petition in accordance with Section 53.03
58-19 for further proceedings not inconsistent with this code. <approves
58-20 of the petition, the fact of approval shall be certified to the
58-21 juvenile court, and the certification shall be entered in the
58-22 record of the case. For the purpose of the transfer of a child to
58-23 the Texas Department of Corrections as provided by Section
58-24 61.084(c), Human Resources Code, a juvenile court petition approved
58-25 by a grand jury under this section is an indictment presented by
58-26 the grand jury.>
58-27 <(e) The prosecuting attorney may not refer a petition that
59-1 alleges the child engaged in conduct that violated Sections
59-2 22.021(a)(1)(B) and (2)(B), Penal Code, unless the child is more
59-3 than two years older than the victim of the conduct.>
59-4 Sec. 53.05. <TIME SET FOR HEARING. (a) After the petition
59-5 has been filed, the juvenile court shall set a time for the
59-6 hearing.>
59-7 <(b) The time set for the hearing shall not be later than 10
59-8 days after the day the petition was filed if:>
59-9 <(1) the child is in detention; or>
59-10 <(2) the child will be taken into custody under
59-11 Section 53.06(d) of this code.>
59-12 <Sec. 53.06.> SUMMONS. (a) The juvenile court shall direct
59-13 issuance of a summons to:
59-14 (1) the child named in the petition; and
59-15 (2) the child's parent, guardian, or custodian<;>
59-16 <(3) the child's guardian ad litem; and>
59-17 <(4) any other person who appears to the court to be a
59-18 proper or necessary party to the proceeding>.
59-19 (b) If the child's parent, guardian, or custodian cannot be
59-20 served or located, the prosecuting attorney may make an application
59-21 to the court to serve the summons upon the guardian ad litem.
59-22 (c) The summons must require the persons served to appear
59-23 before the court at the time set to answer the allegations of the
59-24 petition. A copy of the petition must accompany the summons.
59-25 (d) <(c)> The court may endorse on the summons an order
59-26 directing the parent, guardian, or custodian of the child to appear
59-27 personally at the hearing and directing the person having the
60-1 physical custody or control of the child to bring the child to the
60-2 hearing. A person who violates an order entered under this
60-3 subsection may be proceeded against under Section 54.07 of this
60-4 code.
60-5 (e) <(d)> If it appears from an affidavit filed or from
60-6 sworn testimony before the court that immediate detention of the
60-7 child is warranted under Section 53.01(c) <53.02(b)> of this code,
60-8 the court may endorse on the summons an order that a
60-9 law-enforcement officer shall serve the summons and shall
60-10 immediately take the child into custody and bring him before the
60-11 court.
60-12 (f) <(e)> A party, including <other than> the child, may
60-13 waive service of summons by written stipulation or by voluntary
60-14 appearance at the hearing. Notwithstanding Section 51.09, the
60-15 personal appearance of any person, including the child, at any
60-16 hearing before the court or referee after the petition is filed,
60-17 constitutes a waiver of service of summons and submission to the
60-18 jurisdiction of the court.
60-19 Sec. 53.06 <53.07>. SERVICE OF SUMMONS. (a) If a person to
60-20 be served with a summons is in this state and can be found, the
60-21 summons shall be served upon him personally at least two days
60-22 before the day of the adjudication hearing. If he is in this state
60-23 and cannot be found, but his address is known or can with
60-24 reasonable diligence be ascertained, the summons may be made either
60-25 by delivering a copy to him personally or <served on him> by
60-26 mailing a copy to him by registered or certified mail, return
60-27 receipt requested, at least five days before the day of the
61-1 hearing. <If he is outside this state but he can be found or his
61-2 address is known, or his whereabouts or address can with reasonable
61-3 diligence be ascertained, service of the summons may be made either
61-4 by delivering a copy to him personally or mailing a copy to him by
61-5 registered or certified mail, return receipt requested, at least
61-6 five days before the day of the hearing.>
61-7 (b) <The juvenile court has jurisdiction of the case if
61-8 after reasonable effort a person other than the child cannot be
61-9 found nor his post-office address ascertained, whether he is in or
61-10 outside this state.>
61-11 <(c)> Service of the summons may be made by any sheriff,
61-12 constable, or probation officer <suitable person under the
61-13 direction of the court>. No fee may be charged for the issuance or
61-14 service of any process, summons, or subpoena issued in a proceeding
61-15 under this title. For purposes of fees and court costs a
61-16 proceeding under this title shall be considered criminal in nature.
61-17 (c) <(d)> The court may authorize payment from the general
61-18 funds of the county <of the costs of service and> of necessary
61-19 travel expenses incurred by persons summoned or otherwise required
61-20 to appear at the hearing.
61-21 (d) <(e)> Witnesses may be subpoenaed in accordance with the
61-22 <Texas> Code of Criminal Procedure<, 1965>.
61-23 CHAPTER 54. JUDICIAL PROCEEDINGS
61-24 Sec. 54.01. DETENTION HEARING. (a) If the child is not
61-25 released under Section 53.01 <53.02> of this code, a detention
61-26 hearing without a jury shall be held promptly, but not later than
61-27 the second working day after he is taken into custody; provided,
62-1 however, that when a child is detained on a Friday or Saturday,
62-2 then such detention hearing shall be held on the first working day
62-3 after the child is taken into custody.
62-4 (b) Reasonable notice of the detention hearing, either oral
62-5 or written, shall be given, stating the time, place, and purpose of
62-6 the hearing. Notice shall be given to the child and, if they can
62-7 be found, to a parent <his parents>, guardian, or custodian. Prior
62-8 to the commencement of the hearing, the court shall inform the
62-9 parties of the child's right to counsel and to appointed counsel if
62-10 they are indigent and of the child's right to remain silent with
62-11 respect to any allegations of delinquent conduct or conduct
62-12 indicating a need for supervision.
62-13 (c) At the detention hearing, the court may consider written
62-14 reports from probation officers, professional court employees, or
62-15 professional consultants in addition to the testimony of witnesses.
62-16 Prior to the detention hearing, the court shall provide the
62-17 attorney for the child with access to all written matter to be
62-18 considered by the court in making the detention decision. Hearsay
62-19 testimony is admissible to establish probable cause. The court may
62-20 order counsel not to reveal items to the child or his parent,
62-21 guardian, or guardian ad litem if such disclosure would materially
62-22 harm the treatment and rehabilitation of the child or would
62-23 substantially decrease the likelihood of receiving information from
62-24 the same or similar sources in the future, or if disclosure could
62-25 harm the victim or any witness associated with the case.
62-26 (d) A detention hearing may be held without the presence of
62-27 the child's parents if the court has been unable to locate them.
63-1 If no parent or guardian is present, the court may <shall> appoint
63-2 counsel or a guardian ad litem for the child.
63-3 (e) At the conclusion of the hearing, the court shall order
63-4 the child detained prior to hearing on the petition only if the
63-5 court finds that probable cause exists to believe the child engaged
63-6 in delinquent conduct or conduct indicating a need for supervision
63-7 and <released from detention unless it finds> that:
63-8 (1) he is likely to abscond or be removed from the
63-9 jurisdiction of the court;
63-10 (2) suitable supervision, care, or protection for him
63-11 is not being provided by a parent, guardian, custodian, or other
63-12 person;
63-13 (3) he has no parent, guardian, custodian, or other
63-14 person able to return him to the court when required;
63-15 (4) he is accused of committing a felony offense;
63-16 (5) he <and> may be dangerous to himself or others if
63-17 released; or
63-18 (6) <(5)> he has previously been found to be a
63-19 delinquent child or has previously been convicted of a penal
63-20 offense punishable by a term in jail or prison and is likely to
63-21 commit an offense if released.
63-22 (f) A release may be conditioned on requirements reasonably
63-23 necessary to insure the child's appearance at later proceedings,
63-24 but the conditions of the release must be in writing and a copy
63-25 furnished to the child.
63-26 (g) <No statement made by the child at the detention hearing
63-27 shall be admissible against the child at any other hearing.>
64-1 <(h)> A detention order extends to the conclusion of the
64-2 disposition hearing, if there is one, but in no event for more than
64-3 14 <10> days. Further detention orders may be made following
64-4 subsequent detention hearings. Subsequent detention hearings may
64-5 be waived in accordance with the requirements of Section 51.09 of
64-6 this code, but each detention order shall extend for no more than
64-7 14 <10> days. The court may not consider the issue of probable
64-8 cause at any subsequent detention hearing.
64-9 (h) After the second consecutive detention hearing as
64-10 required by Subsection (g), the court may enter an order extending
64-11 the detention order to the conclusion of the disposition hearing,
64-12 if there is one, but in no event for more than 30 days. Further
64-13 detention orders may be made following subsequent detention
64-14 hearings, but each detention order shall extend for no more than 30
64-15 days.
64-16 (i) A child in custody may be detained for as long as 14
64-17 <10> days without the hearing described in Subsection (a) of this
64-18 section if:
64-19 (1) a written request for shelter in detention
64-20 facilities pending arrangement of transportation to his place of
64-21 residence in another state or country or another county of this
64-22 state is voluntarily executed by the child not later than the next
64-23 working day after he was taken into custody;
64-24 (2) the request for shelter contains:
64-25 (A) a statement by the child that he voluntarily
64-26 agrees to submit himself to custody and detention for a period of
64-27 not longer than 14 <10> days without a detention hearing;
65-1 (B) an allegation by the person detaining the
65-2 child that the child has left his place of residence in another
65-3 state or country or another county of this state, that he is in
65-4 need of shelter, and that an effort is being made to arrange
65-5 transportation to his place of residence; and
65-6 (C) a statement by the person detaining the
65-7 child that he has advised the child of his right to demand a
65-8 detention hearing under Subsection (a) of this section; and
65-9 (3) the request is signed by the juvenile court judge
65-10 to evidence his knowledge of the fact that the child is being held
65-11 in detention.
65-12 (j) The request for shelter may be revoked by the child at
65-13 any time, and on such revocation, if further detention is
65-14 necessary, a detention hearing shall be held not later than the
65-15 next working day in accordance with Subsections (a) through (h)
65-16 <(g)> of this section.
65-17 (k) Notwithstanding anything in this title to the contrary,
65-18 the child may sign a request for shelter <without the concurrence
65-19 of an adult specified in Section 51.09 of this code>.
65-20 (l) The juvenile board or, if there is none, the juvenile
65-21 court, may appoint a referee to conduct the detention hearing. The
65-22 referee shall be an attorney licensed to practice law in this
65-23 state. Such payment or additional payment as may be warranted for
65-24 referee services shall be provided from county funds. Before
65-25 commencing the detention hearing, the referee shall inform the
65-26 parties who have appeared that they are entitled to have the
65-27 hearing before the juvenile court judge or a substitute judge
66-1 authorized by Section 51.04(f) of this code. If a party objects to
66-2 the referee conducting the detention hearing, an authorized judge
66-3 shall conduct the hearing within 24 hours. At the conclusion of
66-4 the hearing, the referee shall transmit written findings and
66-5 recommendations to the juvenile court judge or substitute judge.
66-6 The juvenile court judge or substitute judge shall adopt, modify,
66-7 or reject the referee's recommendations within 24 hours. If the
66-8 referee recommends that the child be released, the prosecutor may
66-9 give notice of intent to file written objections to the
66-10 recommendations. If notice is given, the child may not be released
66-11 until the earlier of:
66-12 (1) the expiration of 24 hours after the time the
66-13 notice is given; or
66-14 (2) the time the juvenile judge rules on the written
66-15 objections. <Failure to act within that time results in release of
66-16 the child by operation of law. A recommendation that the child be
66-17 released operates to secure his immediate release, subject to the
66-18 power of the juvenile court judge or substitute judge to reject or
66-19 modify that recommendation. The effect of an order detaining a
66-20 child shall be computed from the time of the hearing before the
66-21 referee.>
66-22 (m) The detention hearing required in this section may be
66-23 held in the county of the designated place of detention where the
66-24 child is being held even though the designated place of detention
66-25 is outside the county of residence of the child or the county in
66-26 which the alleged delinquent conduct or conduct indicating a need
66-27 for supervision occurred.
67-1 Sec. 54.02. PROCEEDINGS IN <WAIVER OF JURISDICTION AND
67-2 DISCRETIONARY TRANSFER TO> CRIMINAL COURT. (a) A child who has
67-3 been charged by a grand jury as provided in Section 53.045 shall be
67-4 tried for that offense in criminal proceedings in the appropriate
67-5 district court or criminal district court.
67-6 (b) The appropriate district court or criminal district
67-7 court shall have original jurisdiction of an offense that has been
67-8 charged by a grand jury under this code and of any lesser included
67-9 offenses of said indicted offense. <The juvenile court may waive
67-10 its exclusive original jurisdiction and transfer a child to the
67-11 appropriate district court or criminal district court for criminal
67-12 proceedings if:>
67-13 <(1) the child is alleged to have violated a penal law
67-14 of the grade of felony;>
67-15 <(2) the child was 15 years of age or older at the
67-16 time he is alleged to have committed the offense and no
67-17 adjudication hearing has been conducted concerning that offense;
67-18 and>
67-19 <(3) after full investigation and hearing the juvenile
67-20 court determines that there is probable cause to believe that the
67-21 child before the court committed the offense alleged and that
67-22 because of the seriousness of the offense or the background of the
67-23 child the welfare of the community requires criminal proceedings.>
67-24 <(b) The petition and notice requirements of Sections 53.04,
67-25 53.05, 53.06, and 53.07 of this code must be satisfied, and the
67-26 summons must state that the hearing is for the purpose of
67-27 considering discretionary transfer to criminal court.>
68-1 <(c) The juvenile court shall conduct a hearing without a
68-2 jury to consider transfer of the child for criminal proceedings.>
68-3 <(d) Prior to the hearing, the juvenile court shall order
68-4 and obtain a complete diagnostic study, social evaluation, and full
68-5 investigation of the child, his circumstances, and the
68-6 circumstances of the alleged offense.>
68-7 <(e) At the transfer hearing the court may consider written
68-8 reports from probation officers, professional court employees, or
68-9 professional consultants in addition to the testimony of witnesses.
68-10 At least one day prior to the transfer hearing, the court shall
68-11 provide the attorney for the child with access to all written
68-12 matter to be considered by the court in making the transfer
68-13 decision. The court may order counsel not to reveal items to the
68-14 child or his parent, guardian, or guardian ad litem if such
68-15 disclosure would materially harm the treatment and rehabilitation
68-16 of the child or would substantially decrease the likelihood of
68-17 receiving information from the same or similar sources in the
68-18 future.>
68-19 <(f) In making the determination required by Subsection (a)
68-20 of this section, the court shall consider, among other matters:>
68-21 <(1) whether the alleged offense was against person or
68-22 property, with greater weight in favor of transfer given to
68-23 offenses against the person;>
68-24 <(2) whether the alleged offense was committed in an
68-25 aggressive and premeditated manner;>
68-26 <(3) whether there is evidence on which a grand jury
68-27 may be expected to return an indictment;>
69-1 <(4) the sophistication and maturity of the child;>
69-2 <(5) the record and previous history of the child; and>
69-3 <(6) the prospects of adequate protection of the
69-4 public and the likelihood of the rehabilitation of the child by use
69-5 of procedures, services, and facilities currently available to the
69-6 juvenile court.>
69-7 <(g) If the juvenile court retains jurisdiction, the child
69-8 is not subject to criminal prosecution at any time for any offense
69-9 alleged in the petition or for any offense within the knowledge of
69-10 the juvenile court judge as evidenced by anything in the record of
69-11 the proceedings.>
69-12 <(h) If the juvenile court waives jurisdiction, it shall
69-13 state specifically in the order its reasons for waiver and certify
69-14 its action, including the written order and findings of the court,
69-15 and shall transfer the child to the appropriate court for criminal
69-16 proceedings. On transfer of the child for criminal proceedings, he
69-17 shall be dealt with as an adult and in accordance with the Code of
69-18 Criminal Procedure. The transfer of custody is an arrest. The
69-19 court to which the child is transferred shall determine if good
69-20 cause exists for an examining trial. If there is no good cause for
69-21 an examining trial, the court shall refer the case to the grand
69-22 jury. If there is good cause for an examining trial, the court
69-23 shall conduct an examining trial and may remand the child to the
69-24 jurisdiction of the juvenile court.>
69-25 <(i) If the child's case is brought to the attention of the
69-26 grand jury and the grand jury does not indict for the offense
69-27 charged in the complaint forwarded by the juvenile court, the
70-1 district court or criminal district court shall certify the grand
70-2 jury's failure to indict to the juvenile court. On receipt of the
70-3 certification, the juvenile court may resume jurisdiction of the
70-4 case.>
70-5 <(j) The juvenile court may waive its exclusive original
70-6 jurisdiction and transfer a person to the appropriate district
70-7 court or criminal district court for criminal proceedings if:>
70-8 <(1) the person is 18 years of age or older;>
70-9 <(2) the person was 15 years of age or older and under
70-10 17 years of age at the time he is alleged to have committed a
70-11 felony;>
70-12 <(3) no adjudication concerning the alleged offense
70-13 has been made or no adjudication hearing concerning the offense has
70-14 been conducted;>
70-15 <(4) the juvenile court finds from a preponderance of
70-16 the evidence that after due diligence of the state it was not
70-17 practicable to proceed in juvenile court before the 18th birthday
70-18 of the person because:>
70-19 <(A) the state did not have probable cause to
70-20 proceed in juvenile court and new evidence has been found since the
70-21 18th birthday of the person; or>
70-22 <(B) the person could not be found; and>
70-23 <(5) the juvenile court determines that there is
70-24 probable cause to believe that the child before the court committed
70-25 the offense alleged.>
70-26 <(k) The petition and notice requirements of Sections 53.04,
70-27 53.05, 53.06, and 53.07 of this code must be satisfied, and the
71-1 summons must state that the hearing is for the purpose of
71-2 considering waiver of jurisdiction under Subsection (j) of this
71-3 section.>
71-4 <(l) The juvenile court shall conduct a hearing without a
71-5 jury to consider waiver of jurisdiction under Subsection (j) of
71-6 this section.>
71-7 Sec. 54.021. JUSTICE COURT: TRUANCY. (a) The juvenile
71-8 court may waive its exclusive original jurisdiction and transfer a
71-9 child to an appropriate justice court, with the permission of the
71-10 justice court, for disposition in the manner provided by Subsection
71-11 (b) of this section if the child is alleged to have engaged in
71-12 conduct described in Section 51.03(b)(2) of this code. A waiver of
71-13 jurisdiction under this subsection may be for an individual case or
71-14 for all cases in which a child is alleged to have engaged in
71-15 conduct described in Section 51.03(b)(2) of this code. The waiver
71-16 of a juvenile court's exclusive original jurisdiction for all cases
71-17 in which a child is alleged to have engaged in conduct described in
71-18 Section 51.03(b)(2) of this code is effective for a period of one
71-19 year.
71-20 (b) A justice court may exercise jurisdiction over a child
71-21 alleged to have engaged in conduct indicating a need for
71-22 supervision by engaging in conduct described in Section 51.03(b)(2)
71-23 in a case where the juvenile court has waived its original
71-24 jurisdiction under this section. A justice court may exercise
71-25 jurisdiction under this section without regard to whether the
71-26 justice of the peace for the court is a licensed attorney or the
71-27 hearing for a case is before a jury consisting of six persons.
72-1 (c) On a finding that a child has engaged in conduct
72-2 described by Section 51.03(b)(2), the justice court shall enter an
72-3 order appropriate to the nature of the conduct.
72-4 (d) On a finding by the justice court that the child has
72-5 engaged in truant conduct and that the conduct is of a recurrent
72-6 nature, the court may enter an order that includes one or more of
72-7 the following provisions requiring that:
72-8 (1) the child attend a preparatory class for the high
72-9 school equivalency examination provided under Section 11.35,
72-10 Education Code, if the court determines that the child is too old
72-11 to do well in a formal classroom environment;
72-12 (2) the child attend a special program that the court
72-13 determines to be in the best interests of the child, including an
72-14 alcohol and drug abuse program;
72-15 (3) the child and the child's parents, managing
72-16 conservator, or guardian attend a class for students at risk of
72-17 dropping out of school designed for both the child and the child's
72-18 parents, managing conservator, or guardian;
72-19 (4) the child complete reasonable community service
72-20 requirements;
72-21 (5) the child's driver's license be suspended in the
72-22 manner provided by Section 54.042 of this code;
72-23 (6) the child attend school without unexcused
72-24 absences; or
72-25 (7) the child participate in a tutorial program
72-26 provided by the school attended by the child in the academic
72-27 subjects in which the child is enrolled for a total number of hours
73-1 ordered by the court.
73-2 (e) An order under Subsection (d) of this section is
73-3 enforceable in the justice court by contempt.
73-4 (f) A school attendance officer may refer a child alleged to
73-5 have engaged in conduct described in Section 51.03(b)(2) of this
73-6 code to the justice court in the precinct where the child resides
73-7 or in the precinct where the child's school is located if the
73-8 juvenile court having exclusive original jurisdiction has waived
73-9 its jurisdiction as provided by Subsection (a) of this section for
73-10 all cases involving conduct described by Section 51.03(b)(2) of
73-11 this code.
73-12 (g) A court having jurisdiction under this section shall
73-13 endorse on the summons issued to the parent, guardian, or custodian
73-14 of the child who is the subject of the hearing an order directing
73-15 the parent, guardian, or custodian to appear personally at the
73-16 hearing and directing the person having custody of the child to
73-17 bring the child to the hearing.
73-18 (h) A person commits an offense if the person is a parent,
73-19 guardian, or custodian who fails to attend a hearing under this
73-20 section after receiving notice under Subsection (g) of this section
73-21 that the person's attendance was required. An offense under this
73-22 subsection is a Class C misdemeanor.
73-23 Sec. 54.03. ADJUDICATION HEARING IN JUVENILE COURT. (a) A
73-24 child may be found to have engaged in delinquent conduct or conduct
73-25 indicating a need for supervision only after an adjudication
73-26 hearing conducted in accordance with the provisions of the Code of
73-27 Criminal Procedure <this section>.
74-1 (b) At the beginning of the adjudication hearing, the
74-2 juvenile court judge shall explain to the child and his parent,
74-3 guardian, or guardian ad litem:
74-4 (1) the allegations made against the child;
74-5 (2) the nature and possible consequences of the
74-6 proceedings, including the law relating to the admissibility of the
74-7 record of a juvenile court adjudication in a criminal proceeding;
74-8 (3) the child's privilege against self-incrimination;
74-9 (4) the child's right to trial and to confrontation of
74-10 witnesses;
74-11 (5) the child's right to representation by an attorney
74-12 if he is not already represented; and
74-13 (6) the child's right to trial by jury.
74-14 (c) Trial shall be by jury unless jury is waived in
74-15 accordance with Section 51.09 of this code. <If the hearing is on
74-16 a petition that has been approved by the grand jury under Section
74-17 53.045 of this code, the jury must consist of 12 persons. Jury
74-18 verdicts under this title must be unanimous.>
74-19 <(d) Except as provided by Section 54.031 of this chapter,
74-20 only material, relevant, and competent evidence in accordance with
74-21 the requirements for the trial of civil cases may be considered in
74-22 the adjudication hearing. Except in a detention or discretionary
74-23 transfer hearing, a social history report or social service file
74-24 shall not be viewed by the court before the adjudication decision
74-25 and shall not be viewed by the jury at any time.>
74-26 <(e) A child alleged to have engaged in delinquent conduct
74-27 or conduct indicating a need for supervision need not be a witness
75-1 against nor otherwise incriminate himself. An extrajudicial
75-2 statement which was obtained without fulfilling the requirements of
75-3 this title or of the constitution of this state or the United
75-4 States, may not be used in an adjudication hearing. A statement
75-5 made by the child out of court is insufficient to support a finding
75-6 of delinquent conduct or conduct indicating a need for supervision
75-7 unless it is corroborated in whole or in part by other evidence.
75-8 An adjudication of delinquent conduct or conduct indicating a need
75-9 for supervision cannot be had upon the testimony of an accomplice
75-10 unless corroborated by other evidence tending to connect the child
75-11 with the alleged delinquent conduct or conduct indicating a need
75-12 for supervision; and the corroboration is not sufficient if it
75-13 merely shows the commission of the alleged conduct. Evidence
75-14 illegally seized or obtained is inadmissible in an adjudication
75-15 hearing.>
75-16 <(f) At the conclusion of the adjudication hearing, the
75-17 court or jury shall find whether or not the child has engaged in
75-18 delinquent conduct or conduct indicating a need for supervision.
75-19 The finding must be based on competent evidence admitted at the
75-20 hearing. The child shall be presumed to be innocent of the charges
75-21 against him and no finding that a child has engaged in delinquent
75-22 conduct or conduct indicating a need for supervision may be
75-23 returned unless the state has proved such beyond a reasonable
75-24 doubt. In all jury cases the jury will be instructed that the
75-25 burden is on the state to prove that a child has engaged in
75-26 delinquent conduct or is in need of supervision beyond a reasonable
75-27 doubt.>
76-1 <(g) If the court or jury finds that the child did not
76-2 engage in delinquent conduct or conduct indicating a need for
76-3 supervision, the court shall dismiss the case with prejudice.>
76-4 <(h) If the finding is that the child did engage in
76-5 delinquent conduct or conduct indicating a need for supervision,
76-6 the court or jury shall state which of the allegations in the
76-7 petition were found to be established by the evidence. The court
76-8 shall also set a date and time for the disposition hearing.>
76-9 Sec. 54.031. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. (a)
76-10 This section applies to a hearing under this title in which a child
76-11 is alleged to be a delinquent child on the basis of a violation of
76-12 any of the following provisions of the Penal Code, if a child 12
76-13 years of age or younger is the alleged victim of the violation:
76-14 (1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
76-15 Offenses);
76-16 (2) Section 25.02 (Prohibited Sexual Conduct)
76-17 <(Incest)>; or
76-18 (3) <Section 25.06 (Solicitation of a Child, added by
76-19 Chapter 413, Acts of the 65th Legislature, Regular Session, 1977);
76-20 or>
76-21 <(4)> Section 43.25 (Sexual Performance by a Child).
76-22 (b) This section applies only to statements that describe
76-23 the alleged violation that:
76-24 (1) were made by the child who is the alleged victim
76-25 of the violation; and
76-26 (2) were made to the first person, 18 years of age or
76-27 older, to whom the child made a statement about the violation.
77-1 (c) A statement that meets the requirements of Subsection
77-2 (b) of this section is not inadmissible because of the hearsay rule
77-3 if:
77-4 (1) on or before the 14th day before the date the
77-5 hearing begins, the party intending to offer the statement:
77-6 (A) notifies each other party of its intention
77-7 to do so;
77-8 (B) provides each other party with the name of
77-9 the witness through whom it intends to offer the statement; and
77-10 (C) provides each other party with a written
77-11 summary of the statement;
77-12 (2) the juvenile court finds, in a hearing conducted
77-13 outside the presence of the jury, that the statement is reliable
77-14 based on the time, content, and circumstances of the statement; and
77-15 (3) the child who is the alleged victim testifies or
77-16 is available to testify at the hearing in court or in any other
77-17 manner provided by law.
77-18 Sec. 54.032. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
77-19 CERTAIN CASES ON COMPLETION OF TEEN COURT PROGRAM. (a) A juvenile
77-20 court may defer adjudication proceedings under Section 54.03 of
77-21 this code for 90 days if the child:
77-22 (1) is alleged to have engaged in conduct indicating a
77-23 need for supervision that violated a penal law of this state of the
77-24 grade of misdemeanor that is punishable by fine only or a penal
77-25 ordinance of a political subdivision of this state;
77-26 (2) waives, under Section 51.09 of this code, the
77-27 privilege against self-incrimination and testifies under oath that
78-1 the allegations are true;
78-2 (3) presents to the court an oral or written request
78-3 to attend a teen court program; and
78-4 (4) has not successfully completed a teen court
78-5 program for the violation of the same penal law or ordinance in the
78-6 two years preceding the date that the alleged conduct occurred.
78-7 (b) The teen court program must be approved by the court.
78-8 (c) The court shall dismiss the case with prejudice at the
78-9 conclusion of the deferral period if the child presents
78-10 satisfactory evidence that the child has successfully completed the
78-11 teen court program.
78-12 (d) A case dismissed under this section may not be part of
78-13 the child's records for any purpose.
78-14 (e) The court may require a child who requests a teen court
78-15 program to pay a fee not to exceed $10 that is set by the court to
78-16 cover the costs of administering this section. The court shall
78-17 deposit the fee in the county treasury of the county in which the
78-18 court is located. A child who requests a teen court program and
78-19 does not complete the program is not entitled to a refund of the
78-20 fee.
78-21 (f) A court may transfer a case in which proceedings have
78-22 been deferred as provided by this section to a court in a
78-23 contiguous county if the court to which the case is transferred
78-24 consents. A case may not be transferred unless it is within the
78-25 jurisdiction of the court to which it is transferred.
78-26 Sec. 54.033. SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV
78-27 TESTING. (a) A child against whom a petition is filed that
79-1 alleges the child <found at the conclusion of an adjudication
79-2 hearing under Section 54.03 of this code to have> engaged in
79-3 delinquent conduct that includes <included> a violation of Section
79-4 <Sections> 21.11(a)(1), 22.011, or 22.021, Penal Code, shall
79-5 undergo a medical procedure or test at the direction of the
79-6 juvenile court designed to show or help show whether the child has
79-7 a sexually transmitted disease, acquired immune deficiency syndrome
79-8 (AIDS), human immunodeficiency virus (HIV) infection, antibodies to
79-9 HIV, or infection with any other probable causative agent of AIDS.
79-10 The court may direct the child to undergo the procedure or test on
79-11 the court's own motion or on the request of the victim of the
79-12 delinquent conduct.
79-13 (b) If the child or another person who has the power to
79-14 consent to medical treatment for the child refuses to submit
79-15 voluntarily or consent to the procedure or test, the court shall
79-16 require the child to submit to the procedure or test.
79-17 (c) The person performing the procedure or test shall make
79-18 the test results available to the local health authority. The
79-19 local health authority shall be required to notify the victim of
79-20 the delinquent conduct and the person found to have engaged in the
79-21 delinquent conduct of the test result.
79-22 (d) The state may not use the fact that a medical procedure
79-23 or test was performed on a child under this section or use the
79-24 results of the procedure or test in any proceeding arising out of
79-25 the delinquent conduct.
79-26 (e) Testing under this section shall be conducted in
79-27 accordance with written infectious disease control protocols
80-1 adopted by the Texas Board of Health that clearly establish
80-2 procedural guidelines that provide criteria for testing and that
80-3 respect the rights of the child and the victim of the delinquent
80-4 conduct.
80-5 (f) Nothing in this section allows a court to release a test
80-6 result to anyone other than a person specifically authorized under
80-7 this section. Section 81.103(d), Health and Safety Code, may not
80-8 be construed to allow the disclosure of test results under this
80-9 section except as provided by this section.
80-10 Sec. 54.04. DISPOSITION OF CHILD AFTER JUVENILE
80-11 ADJUDICATION <HEARING>. (a) If a child's case has been referred
80-12 to the juvenile court, an adjudication hearing has taken place
80-13 regarding the case, and the child has been found to have engaged in
80-14 delinquent conduct or conduct indicating a need for supervision, a
80-15 disposition hearing to determine further action regarding the
80-16 child, including punishment of the child, shall be held. The
80-17 disposition hearing shall be separate, distinct, and subsequent to
80-18 the adjudication hearing. There is no right to a jury at the
80-19 disposition hearing <unless the child is in jeopardy of a
80-20 determinate sentence under Subsection (d)(3) of this section, in
80-21 which case, the child is entitled to a jury of 12 persons to
80-22 determine the sentence>.
80-23 (b) At the disposition hearing, the juvenile court may
80-24 consider written reports from probation officers, professional
80-25 court employees, or professional consultants in addition to the
80-26 testimony of witnesses. Prior to the disposition hearing, the
80-27 court shall provide the attorney for the child with access to all
81-1 written matter to be considered in disposition. The court may
81-2 order counsel not to reveal items to the child or his parent,
81-3 guardian, or guardian ad litem if such disclosure would materially
81-4 harm the treatment and rehabilitation of the child or would
81-5 substantially decrease the likelihood of receiving information from
81-6 the same or similar sources in the future.
81-7 (c) At the conclusion of the disposition hearing, the court
81-8 may:
81-9 (1) place the child on probation; or
81-10 (2) commit the child to the Texas Youth Commission
81-11 without a determinate sentence.
81-12 (d) The judge may impose reasonable and lawful terms of
81-13 probation as the court may determine that are designed to protect
81-14 or restore the community, protect or restore the victim, or punish,
81-15 rehabilitate, or reform the child. Conditions of probation may
81-16 include the conditions that the child shall:
81-17 (1) commit no offense against the laws of this state,
81-18 any other state, or the United States;
81-19 (2) avoid injurious or vicious habits;
81-20 (3) avoid persons or places of disreputable or harmful
81-21 character;
81-22 (4) report to the probation officer as directed by the
81-23 judge or the probation officer and obey all rules and regulations
81-24 of the probation department;
81-25 (5) permit the probation officer to visit him at his
81-26 home or elsewhere;
81-27 (6) continue his education by attending school or
82-1 other appropriate means;
82-2 (7) remain within a specified place;
82-3 (8) pay the costs of court and all costs of
82-4 supervision;
82-5 (9) support his dependents, if any;
82-6 (10) participate, for a time specified by the judge,
82-7 in any community-based program, including a community-service work
82-8 program;
82-9 (11) pay restitution to the victim of his crime;
82-10 (12) submit to testing for alcohol or controlled
82-11 substances;
82-12 (13) attend counseling sessions for substance abuse or
82-13 participate in a substance abuse treatment program; and
82-14 (14) submit to electronic monitoring.
82-15 (e) Probation may not continue, or be extended, on or after
82-16 the child's 19th birthday, except in circumstances where the
82-17 child's period of probation has not exceeded one year.
82-18 (f) The Texas Youth Commission shall accept a child properly
82-19 committed to it by a juvenile court even though the child may be 17
82-20 years of age or older at the time of commitment.
82-21 (g) At the conclusion of the disposition hearing the court
82-22 shall, if there is an affirmative finding that the child used or
82-23 exhibited a deadly weapon during the commission of the conduct or
82-24 during immediate flight from commission of the conduct, enter that
82-25 finding in the disposition order, including the finding that the
82-26 deadly weapon was a firearm if there is an affirmative finding of
82-27 that fact. <No disposition may be made under this section unless
83-1 the child is in need of rehabilitation or the protection of the
83-2 public or the child requires that disposition be made. If the
83-3 court or jury does not so find, the court shall dismiss the child
83-4 and enter a final judgment without any disposition. No disposition
83-5 placing the child on probation outside the child's home may be made
83-6 under this section unless the court or jury finds that the child,
83-7 in the child's home, cannot be provided the quality of care and
83-8 level of support and supervision that the child needs to meet the
83-9 conditions of the probation.>
83-10 <(d) If the court or jury makes the finding specified in
83-11 Subsection (c) of this section allowing the court to make a
83-12 disposition in the case:>
83-13 <(1) the court or jury may, in addition to any order
83-14 required or authorized under Section 54.041 or 54.042 of this code,
83-15 place the child on probation on such reasonable and lawful terms as
83-16 the court may determine:>
83-17 <(A) in his own home or in the custody of a
83-18 relative or other fit person; or>
83-19 <(B) subject to the finding under Subsection (c)
83-20 of this section on the placement of the child outside the child's
83-21 home, in:>
83-22 <(i) a suitable foster home; or>
83-23 <(ii) a suitable public or private
83-24 institution or agency, except the Texas Youth Commission;>
83-25 <(2) if the court or jury found at the conclusion of
83-26 the adjudication hearing that the child engaged in delinquent
83-27 conduct and if the petition was not approved by the grand jury
84-1 under Section 53.045 of this code, the court may commit the child
84-2 to the Texas Youth Commission without a determinate sentence; or>
84-3 <(3) if the court or jury found at the conclusion of
84-4 the adjudication hearing that the child engaged in delinquent
84-5 conduct that included a violation of a penal law listed in Section
84-6 53.045(a) of this code and if the petition was approved by the
84-7 grand jury under Section 53.045 of this code, the court or jury may
84-8 sentence the child to commitment in the Texas Youth Commission with
84-9 a transfer to the institutional division of the Texas Department of
84-10 Criminal Justice for any term of years not to exceed 40 years.>
84-11 <(e) The Texas Youth Commission shall accept a child
84-12 properly committed to it by a juvenile court even though the child
84-13 may be 17 years of age or older at the time of commitment.>
84-14 <(f) The court shall state specifically in the order its
84-15 reasons for the disposition and shall furnish a copy of the order
84-16 to the child. If the child is placed on probation, the terms of
84-17 probation shall be written in the order.>
84-18 <(g) If the court orders a disposition under Subsection
84-19 (d)(3) of this section and there is an affirmative finding that the
84-20 defendant used or exhibited a deadly weapon during the commission
84-21 of the conduct or during immediate flight from commission of the
84-22 conduct, the court shall enter the finding in the order. If there
84-23 is an affirmative finding that the deadly weapon was a firearm, the
84-24 court shall enter that finding in the order.>
84-25 (h) At the conclusion of the disposition <dispositional>
84-26 hearing, the court shall inform the child of his right to appeal,
84-27 as required by Section 56.01 of this code.
85-1 (i) <If the court places the child on probation outside the
85-2 child's home or commits the child to the Texas Youth Commission,
85-3 the court shall include in its order its determination that:>
85-4 <(1) it is in the child's best interests to be placed
85-5 outside the child's home;>
85-6 <(2) reasonable efforts were made to prevent or
85-7 eliminate the need for the child's removal from the home and to
85-8 make it possible for the child to return to the child's home; and>
85-9 <(3) the child, in the child's home, cannot be
85-10 provided the quality of care and level of support and supervision
85-11 that the child needs to meet the conditions of probation.>
85-12 <(j)> If the court or jury found that the child has engaged
85-13 in delinquent conduct that included a violation of a penal law of
85-14 the grade of felony, the court shall require that:
85-15 (1) <shall require that> the child's thumbprint be
85-16 affixed to the order; and
85-17 (2) the child's picture be affixed <may require that a
85-18 photograph of the child be attached> to the order.
85-19 Sec. 54.0401. Disposition of Child After Verdict of Guilty
85-20 in Criminal Court. (a) If a child has been tried in criminal
85-21 court under Sections 53.045 and 54.02, a verdict of guilty has been
85-22 rendered in the case, and the conduct of which the child has been
85-23 found guilty is an offense listed in Section 53.045, the court or
85-24 the jury may impose punishment as provided by Subsection (b) or
85-25 (c).
85-26 (b) The court or the jury may, under Chapter 37, Code of
85-27 Criminal Procedure, sentence the child to commitment to the Texas
86-1 Youth Commission with a transfer to the institutional division of
86-2 the Texas Department of Criminal Justice, subject to a release
86-3 hearing under Section 54.11, for any term of years not to exceed
86-4 the lesser of:
86-5 (1) the maximum punishment for the offense prescribed
86-6 by the Penal Code; or
86-7 (2) 40 years.
86-8 (c) The court or the jury may, under Chapter 37, Code of
86-9 Criminal Procedure, sentence the child in accordance with that
86-10 code. If the sentence commits the child to the institutional
86-11 division of the Texas Department of Criminal Justice, the child, if
86-12 less than 17 years of age at the time of sentencing, shall be
86-13 committed to the Texas Youth Commission with a transfer to the
86-14 institutional division of the Texas Department of Criminal Justice
86-15 on or after the child's 17th birthday.
86-16 (d) A sentence imposed under Subsection (b) or (c) may be
86-17 suspended and the child placed on community supervision under
86-18 Article 42.12, Code of Criminal Procedure. No child may be placed
86-19 on community supervision if the sentence assessed by the court or
86-20 jury exceeds 10 years.
86-21 (e) If the imposition of the sentence committing the child
86-22 to the institutional division of the Texas Department of Criminal
86-23 Justice is suspended and the child is placed on community
86-24 supervision, the child, if less than 17 years of age at the time of
86-25 sentencing, shall be placed under the supervision of the juvenile
86-26 probation authority in the county where the court sentencing the
86-27 child is located, with transfer of the supervision of the child to
87-1 the adult community supervision authority in the county where the
87-2 court sentencing the child is located, on or after the child's 17th
87-3 birthday.
87-4 (f) If the court or the jury, under Chapter 37, Code of
87-5 Criminal Procedure, sentences the child in accordance with that
87-6 code, all provisions of the Code of Criminal Procedure regarding
87-7 sentencing shall be applicable notwithstanding the provisions of
87-8 this code.
87-9 (g) At the conclusion of the sentencing hearing the court
87-10 shall, if there is an affirmative finding that the child used or
87-11 exhibited a deadly weapon during the commission of the conduct or
87-12 during immediate flight from commission of the conduct, enter that
87-13 finding in the disposition order, including the finding that the
87-14 deadly weapon was a firearm if there is an affirmative finding of
87-15 that fact.
87-16 (h) If the child is found guilty of an offense other than an
87-17 offense listed in Section 54.035, the judge shall impose punishment
87-18 in accordance with Section 54.04.
87-19 <(k) The period to which a court or jury may sentence a
87-20 child to commitment to the Texas Youth Commission with a transfer
87-21 to the Texas Department of Criminal Justice under Subsection (d)(3)
87-22 of this section applies without regard to whether the child has
87-23 previously been adjudicated as having engaged in delinquent
87-24 conduct.>
87-25 <(l) A court or jury may place a child on probation under
87-26 Subsection (d)(1) of this section for any period, except that
87-27 probation may not continue on or after the child's 18th birthday.
88-1 The court may, before the period of probation ends, extend the
88-2 probation for any period, except that the probation may not extend
88-3 to or after the child's 18th birthday.>
88-4 Sec. 54.041. ORDERS AFFECTING PARENTS AND OTHERS. (a) When
88-5 a child has been found to have engaged in delinquent conduct or
88-6 conduct indicating a need for supervision and the juvenile court
88-7 has made a finding that the child is in need of rehabilitation or
88-8 that the protection of the public or the child requires that
88-9 disposition be made, the juvenile court, on notice by any
88-10 reasonable method to all persons affected, may:
88-11 (1) order any person found by the juvenile court to
88-12 have, by a wilful act or omission, contributed to, caused, or
88-13 encouraged the child's delinquent conduct or conduct indicating a
88-14 need for supervision to do any act that the juvenile court
88-15 determines to be reasonable and necessary for the welfare of the
88-16 child or to refrain from doing any act that the juvenile court
88-17 determines to be injurious to the welfare of the child;
88-18 (2) enjoin all contact between the child and a person
88-19 who is found to be a contributing cause of the child's delinquent
88-20 conduct or conduct indicating a need for supervision; or
88-21 (3) after notice and a hearing of all persons affected
88-22 order any person living in the same household with the child to
88-23 participate in social or psychological counseling to assist in the
88-24 rehabilitation of the child and to strengthen the child's family
88-25 environment.
88-26 (b) If a child is found to have engaged in delinquent
88-27 conduct arising from the commission of an offense in which property
89-1 damage or loss or personal injury occurred, the juvenile court, on
89-2 notice to all persons affected and on hearing, may order the child
89-3 or a parent to make full or partial restitution to the victim of
89-4 the offense. The program of restitution must promote the
89-5 rehabilitation of the child, be appropriate to the age and
89-6 physical, emotional, and mental abilities of the child, and not
89-7 conflict with the child's schooling. When practicable and subject
89-8 to court supervision, the court may approve a restitution program
89-9 based on a settlement between the child and the victim of the
89-10 offense. An order under this subsection may provide for periodic
89-11 payments by the child or a parent of the child for the period
89-12 specified in the order but that period may not extend past the 18th
89-13 birthday of the child. If the child or parent is unable to make
89-14 full or partial restitution or if a restitution order is not
89-15 appropriate under the circumstances, the court may order the child
89-16 to render personal services to a charitable or educational
89-17 institution in the manner prescribed in the court order in lieu of
89-18 restitution. Restitution under this section is cumulative of any
89-19 other remedy allowed by law and may be used in addition to other
89-20 remedies; except that a victim of an offense is not entitled to
89-21 receive more than actual damages under a juvenile court order. A
89-22 city, town, or county that establishes a program to assist children
89-23 in rendering personal services to a charitable or educational
89-24 institution as authorized by this subsection may purchase insurance
89-25 policies protecting the city, town, or county against claims
89-26 brought by a person other than the child for a cause of action that
89-27 arises from an act of the child while rendering those services.
90-1 The city, town, or county is not liable under this Act to the
90-2 extent that damages are recoverable under a contract of insurance
90-3 or under a plan of self-insurance authorized by statute. The
90-4 liability of the city, town, or county for a cause of action that
90-5 arises from an action of the child while rendering those services
90-6 may not exceed $100,000 to a single person and $300,000 for a
90-7 single occurrence in the case of personal injury or death, and
90-8 $10,000 for a single occurrence of property damage. Liability may
90-9 not extend to punitive or exemplary damages. This subsection does
90-10 not waive a defense, immunity, or jurisdictional bar available to
90-11 the city, town, or county or its officers or employees, nor shall
90-12 this Act be construed to waive, repeal, or modify any provision of
90-13 Chapter 101, Civil Practice and Remedies Code <the Texas Tort
90-14 Claims Act, as amended (Article 6252-19, Vernon's Texas Civil
90-15 Statutes)>.
90-16 (c) A person subject to an order proposed under Subsection
90-17 (a) of this section is entitled to a hearing on the order before
90-18 the order is entered by the court.
90-19 (d) An order made under this section may be enforced as
90-20 provided by Section 54.07 of this code.
90-21 (e) If a child is found to have engaged in conduct
90-22 indicating a need for supervision described under Section
90-23 51.03(b)(2) of this code, the court may order the child's parents
90-24 or guardians to attend a class provided under Section 21.035(h),
90-25 Education Code, if the school district in which the child's parents
90-26 or guardians reside offers a class under that section.
90-27 Sec. 54.0411. JUVENILE PROBATION DIVERSION FUND. (a) If a
91-1 disposition hearing is held under Section 54.04 of this code, the
91-2 juvenile court, after giving the child, parent, or other person
91-3 responsible for the child's support a reasonable opportunity to be
91-4 heard, shall order the child, parent, or other person, if
91-5 financially able to do so, to pay a fee as costs of court of $20.
91-6 (b) Orders for the payment of fees under this section may be
91-7 enforced as provided by Section 54.07 of this code.
91-8 (c) An officer collecting costs under this section shall
91-9 keep separate records of the funds collected as costs under this
91-10 section and shall deposit the funds in the county treasury.
91-11 (d) Each officer collecting court costs under this section
91-12 shall file the reports required under Article 103.005, Code of
91-13 Criminal Procedure. If no funds due as costs under this section
91-14 have been collected in any quarter, the report required for each
91-15 quarter shall be filed in the regular manner, and the report must
91-16 state that no funds due under this section were collected.
91-17 (e) The custodian of the county treasury may deposit the
91-18 funds collected under this section in interest-bearing accounts.
91-19 The custodian shall keep records of the amount of funds on deposit
91-20 collected under this section and not later than the last day of the
91-21 month following each calendar quarter shall send to the comptroller
91-22 of public accounts the funds collected under this section during
91-23 the preceding quarter. A county may retain 10 percent of the funds
91-24 as a service fee and may retain the interest accrued on the funds
91-25 if the custodian of a county treasury keeps records of the amount
91-26 of funds on deposit collected under this section and remits the
91-27 funds to the comptroller within the period prescribed under this
92-1 subsection.
92-2 (f) Funds collected are subject to audit by the comptroller
92-3 and funds expended are subject to audit by the State Auditor.
92-4 (g) The comptroller shall deposit the funds in a special
92-5 fund to be known as the juvenile probation diversion fund.
92-6 (h) The legislature shall determine and appropriate the
92-7 necessary amount from the juvenile probation diversion fund to the
92-8 Texas Juvenile Probation Commission for the purchase of services
92-9 the commission considers necessary for the diversion of any
92-10 juvenile who is at risk of commitment to the Texas Youth
92-11 Commission. The Texas Juvenile Probation Commission shall develop
92-12 guidelines for the use of the fund. The commission may not
92-13 purchase the services if a person responsible for the child's
92-14 support or a local juvenile probation department is financially
92-15 able to provide the services.
92-16 Sec. 54.042. LICENSE SUSPENSION. (a) A juvenile court, in
92-17 a disposition hearing under Section 54.04 of this code, shall:
92-18 (1) order the Department of Public Safety to suspend a
92-19 child's driver's license or permit, or if the child does not have a
92-20 license or permit, to deny the issuance of a license or permit to
92-21 the child if the court finds that the child has engaged in conduct
92-22 that violates a law of this state enumerated in Section 24(a-1),
92-23 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
92-24 (Article 6687b, Vernon's Texas Civil Statutes); or
92-25 (2) notify the Department of Public Safety of the
92-26 adjudication, if the court finds that the child has engaged in
92-27 conduct that violates a law of this state enumerated in Section
93-1 24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
93-2 1941 (Article 6687b, Vernon's Texas Civil Statutes).
93-3 (b) The order under Subsection (a)(1) of this section shall
93-4 specify a period of suspension or denial that is:
93-5 (1) until the child reaches the age of 17 or for a
93-6 period of 365 days, whichever is longer; or
93-7 (2) if the court finds that the child has engaged in
93-8 conduct violating the laws of this state prohibiting driving while
93-9 intoxicated, by reason of the introduction of alcohol into the
93-10 body, under Section 49.04, Penal Code <Article 6701l-1, Revised
93-11 Statutes>, and also determines that the child has previously been
93-12 found to have engaged in conduct violating the same laws, until the
93-13 child reaches the age of 19 or for a period of 365 days, whichever
93-14 is longer.
93-15 (c) A child whose driver's license or permit has been
93-16 suspended or denied pursuant to this section may, if the child is
93-17 otherwise eligible for, and fulfils the requirements for issuance
93-18 of, a provisional driver's license or permit under Chapter 173,
93-19 Acts of the 47th Legislature, Regular Session, 1941, as amended
93-20 (Article 6687b, Vernon's Texas Civil Statutes), apply for and
93-21 receive an occupational license in accordance with the provisions
93-22 of Section 23A, Chapter 173, Acts of the 47th Legislature, Regular
93-23 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
93-24 Statutes).
93-25 (d) A juvenile court, in a disposition hearing under Section
93-26 54.04 of this code, may order the Department of Public Safety to
93-27 suspend a child's driver's license or permit or, if the child does
94-1 not have a license or permit, to deny the issuance of a license or
94-2 permit to the child for a period not to exceed six months if the
94-3 court finds that the child has engaged in conduct in need of
94-4 supervision or delinquent conduct other than the conduct described
94-5 by Subsection (a) of this section.
94-6 (e) A juvenile court that places a child on probation under
94-7 Section 54.04 of this code may require as a reasonable condition of
94-8 the probation that if the child violates the probation, the court
94-9 may order the Department of Public Safety to suspend the child's
94-10 driver's license or permit or, if the child does not have a license
94-11 or permit, to deny the issuance of a license or permit to the child
94-12 for a period not to exceed six months. The court may make this
94-13 order if a child that is on probation under this condition violates
94-14 the probation. A suspension under this subsection is cumulative of
94-15 any other suspension under this section.
94-16 Sec. 54.043. MONITORING SCHOOL ATTENDANCE. If a <the> court
94-17 places a child on probation under Section 54.04 or 54.0401
94-18 <54.04(d)> and requires as a condition of probation that the child
94-19 attend school, the probation officer charged with supervising the
94-20 child shall monitor the child's school attendance and report to the
94-21 court if the child is voluntarily absent from school.
94-22 Sec. 54.05. HEARING TO MODIFY DISPOSITION. (a) Any
94-23 disposition under Section 54.04, except a commitment to the Texas
94-24 Youth Commission, may be modified by the juvenile court as provided
94-25 in this section until:
94-26 (1) the child reaches his 19th <18th> birthday; or
94-27 (2) the child is earlier discharged by the court or by
95-1 operation of law.
95-2 (b) Except for the following, all dispositions automatically
95-3 terminate when the child reaches his 19th birthday:
95-4 (1) a commitment to the Texas Youth Commission; or
95-5 (2) a sentence received in criminal court under
95-6 Section 54.02.<, all dispositions automatically terminate when the
95-7 child reaches his 18th birthday.>
95-8 (c) There is no right to a jury at a hearing to modify
95-9 disposition.
95-10 (d) A hearing to modify disposition shall be held on the
95-11 petition of the child and his parent, guardian, guardian ad litem,
95-12 or attorney, or on the petition of the state<, a probation
95-13 officer,> or the court itself. Reasonable notice of a hearing to
95-14 modify disposition shall be given to all parties. When the
95-15 petition to modify is filed under Section 51.03(a)(2) of this code,
95-16 the court must hold an adjudication hearing and make an affirmative
95-17 finding prior to considering any written reports under Subsection
95-18 (e) of this section.
95-19 (e) After the hearing on the merits or facts, the court may
95-20 consider written reports from probation officers, professional
95-21 court employees, or professional consultants in addition to the
95-22 testimony of other witnesses. Prior to the hearing to modify
95-23 disposition, the court shall provide the attorney for the child
95-24 with access to all written matter to be considered by the court in
95-25 deciding whether to modify disposition. The court may order
95-26 counsel not to reveal items to the child or his parent, guardian,
95-27 or guardian ad litem if such disclosure would materially harm the
96-1 treatment and rehabilitation of the child or would substantially
96-2 decrease the likelihood of receiving information from the same or
96-3 similar sources in the future.
96-4 (f) A disposition based on a finding that the child engaged
96-5 in delinquent conduct may be modified so as to commit the child to
96-6 the Texas Youth Commission if the court after a hearing to modify
96-7 disposition finds <beyond a reasonable doubt> that the child
96-8 violated a reasonable and lawful order of the court. <A
96-9 disposition based on a finding that the child engaged in a
96-10 delinquent conduct that included a violation of a penal law listed
96-11 in Section 53.045(a) of this code may be modified to commit the
96-12 child to the Texas Youth Commission with a transfer to the
96-13 institutional division of the Texas Department of Criminal Justice
96-14 for a definite term not to exceed 40 years if the original petition
96-15 was approved by the grand jury under Section 53.045 of this code
96-16 and if after a hearing to modify the disposition the court or jury
96-17 finds that the child violated a reasonable and lawful order of the
96-18 court.>
96-19 (g) A disposition based solely on a finding that the child
96-20 engaged in conduct indicating a need for supervision may not be
96-21 modified to commit the child to the Texas Youth Commission. A new
96-22 finding in compliance with Section 54.03 of this code must be made
96-23 that the child engaged in delinquent conduct as defined in Section
96-24 51.03(a) of this code.
96-25 (h) A hearing shall be held prior to commitment to the Texas
96-26 Youth Commission as a modified disposition. In other disposition
96-27 modifications, the child and his parent, guardian, guardian ad
97-1 litem, or attorney may waive hearing in accordance with Section
97-2 51.09 of this code. <A child in jeopardy of a sentence for a
97-3 determinate term is entitled to a jury of 12 persons on the issues
97-4 of the violation of the court's orders and the sentence.>
97-5 (i) The court shall specifically state in the order its
97-6 reasons for modifying the disposition and shall furnish a copy of
97-7 the order to the child.
97-8 (j) A juvenile court shall not have jurisdiction to modify
97-9 or revoke any disposition or sentence received in criminal court
97-10 under Section 54.02.
97-11 Sec. 54.06. JUDGMENTS FOR SUPPORT. (a) Prior to the
97-12 adjudication hearing <At any stage of the proceeding>, when a child
97-13 may be <has been> placed outside the child's home, the juvenile
97-14 court shall obtain a complete financial statement of each<, after
97-15 giving the> parent or other person responsible for the child's
97-16 support and, after a reasonable opportunity to be heard, shall
97-17 order the parent or other person to pay in a manner directed by the
97-18 court a reasonable sum for the support in whole or in part of the
97-19 child. Only in special circumstances shall <or> the court <shall>
97-20 waive the payment by order. The court shall order that the payment
97-21 for support be made to the local juvenile probation department to
97-22 be used only for residential care and other support for the child
97-23 unless the child has been committed to the Texas Youth Commission,
97-24 in which case the court shall order that the payment be made to the
97-25 Texas Youth Commission for deposit in a special account in the
97-26 general revenue fund that may be appropriated only for the care of
97-27 children committed to the commission.
98-1 (b) At any stage of the proceeding, when a child has been
98-2 placed outside the child's home and the parent of the child is
98-3 obligated to pay support for the child under a court order under
98-4 Title 2 of this code, the juvenile court shall order that the
98-5 person entitled to receive the support assign the person's right to
98-6 support for the child placed outside the child's home to the local
98-7 juvenile probation department to be used for residential care and
98-8 other support for the child unless the child has been committed to
98-9 the Texas Youth Commission, in which event the court shall order
98-10 that the assignment be made to the Texas Youth Commission.
98-11 (c) A court may enforce an order for support under this
98-12 section by ordering garnishment of the wages of the person ordered
98-13 to pay support.
98-14 (d) <(c)> Orders for support may be enforced as provided in
98-15 Section 54.07 of this code.
98-16 Sec. 54.061. PAYMENT OF PROBATION FEES. (a) If a child is
98-17 placed on probation under Section 54.04 or 54.0401 <54.04(d)(1) of
98-18 this code>, the <juvenile> court, after giving the child, parent,
98-19 or other person responsible for the child's support a reasonable
98-20 opportunity to be heard, shall order the child, parent, or other
98-21 person, if financially able to do so, to pay to the court a fee of
98-22 not more than $40 <$15> a month during the period that the child
98-23 continues on probation under the authority of the juvenile
98-24 probation authority.
98-25 (b) Orders for the payment of fees under this section may be
98-26 enforced as provided by Section 54.07 of this code.
98-27 (c) The court shall deposit the fees received under this
99-1 section in the county treasury to the credit of a special fund that
99-2 may be used only for juvenile probation or community-based juvenile
99-3 corrections services or facilities in which a juvenile may be
99-4 required to live while under court supervision.
99-5 Sec. 54.07. ENFORCEMENT OF ORDER. (a) Any order of the
99-6 juvenile court may be enforced by contempt.
99-7 (b) The juvenile court may enforce its order for support or
99-8 for the payment of restitution or probation fees by civil contempt
99-9 proceedings after 10 days' notice to the defaulting person of his
99-10 failure or refusal to carry out the terms of the order.
99-11 (c) On the motion of the juvenile court or any person or
99-12 agency entitled to receive restitution or probation payments or
99-13 payments for the benefit of a child, the juvenile court may render
99-14 judgment against a defaulting person for any amount unpaid and
99-15 owing after 10 days' notice to the defaulting person of his failure
99-16 or refusal to carry out the terms of the order. The judgment may
99-17 be enforced by any means available for the enforcement of judgments
99-18 for other debts.
99-19 Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. Except for any
99-20 hearing on a petition that has been approved by the grand jury
99-21 under Section 53.045 of this code and in which the child is subject
99-22 to a determinate sentence, the general public may be excluded from
99-23 hearings under this title. The court in its discretion may admit
99-24 such members of the general public as it deems proper.
99-25 Sec. 54.09. RECORDING OF PROCEEDINGS. All judicial
99-26 proceedings under this chapter except detention hearings shall be
99-27 recorded by stenographic notes or by electronic, mechanical, or
100-1 other appropriate means. Upon request of any party, a detention
100-2 hearing shall be recorded.
100-3 Sec. 54.10. HEARINGS BEFORE REFEREE. (a) Except as
100-4 provided by Subsection (c) of this section, the hearing provided in
100-5 Sections 54.01, 54.03, 54.04, and 54.05 of this code and the
100-6 hearing provided in Article IV, Article V, and Article VI of the
100-7 Uniform Interstate Compact on Juveniles (Chapter 25 of this code)
100-8 may be held by a referee appointed in accordance with Section
100-9 51.04(g) of this code provided:
100-10 (1) the parties have been informed by the referee that
100-11 they are entitled to have the hearing before the juvenile court
100-12 judge or in the case of a detention hearing provided for in Section
100-13 54.01 of this code, a substitute judge as authorized by Section
100-14 51.04(f) of this code; or
100-15 (2) the child has <and the attorney for the child
100-16 have> in accordance with the requirements of Section 51.09 of this
100-17 code waived the right to have the hearing before the juvenile court
100-18 judge or substitute judge.
100-19 (b) At the conclusion of the hearing, the referee shall
100-20 transmit written findings and recommendations to the juvenile court
100-21 judge. The juvenile court judge shall adopt, modify, or reject the
100-22 referee's recommendations within 24 hours. In the same case of a
100-23 detention hearing as authorized by Section 54.01 of this code, the
100-24 failure of the juvenile court to act within 24 hours results in
100-25 release of the child by operation of law and a recommendation that
100-26 the child be released operates to secure his immediate release
100-27 subject to the power of the juvenile court judge to modify or
101-1 reject that recommendation.
101-2 <(c) The hearings provided by Sections 54.03, 54.04, and
101-3 54.05 of this code may not be held before a referee if the grand
101-4 jury has approved of the petition and the child is subject to a
101-5 determinate sentence.>
101-6 Sec. 54.11. RELEASE HEARING. (a) On receipt of a notice
101-7 required under Section 61.079(a), Human Resources Code, of the
101-8 transfer to the institutional division of the Texas Department of
101-9 Criminal Justice <Corrections> of a person committed to the Texas
101-10 Youth Commission under a determinate sentence, or on receipt of a
101-11 request by the commission under Section 61.081(f), Human Resources
101-12 Code, for approval of the release under supervision of a person
101-13 committed to the commission under a determinate sentence, the court
101-14 shall set a time and place for a hearing on the release of the
101-15 person.
101-16 (b) The court shall notify the following of the time and
101-17 place of the hearing:
101-18 (1) the person to be transferred or released under
101-19 supervision;
101-20 (2) the parents of the person;
101-21 (3) any legal custodian of the person, including the
101-22 Texas Youth Commission;
101-23 (4) the office of the prosecuting attorney that
101-24 represented the state in the juvenile delinquency proceedings;
101-25 (5) the victim of the offense that was included in the
101-26 delinquent conduct that was a ground for the disposition, or a
101-27 member of the victim's family; and
102-1 (6) any other person who has filed a written request
102-2 with the court to be notified of a release hearing with respect to
102-3 the person to be transferred or released under supervision.
102-4 (c) Except for the person to be transferred or released
102-5 under supervision and the prosecuting attorney, the failure to
102-6 notify a person listed in Subsection (b) of this section does not
102-7 affect the validity of a release hearing or a release determination
102-8 if the record in the case reflects that the whereabouts of the
102-9 persons who did not receive notice were unknown to the court and a
102-10 reasonable effort was made by the court to locate those persons.
102-11 (d) At a release hearing the court may consider written
102-12 reports from probation officers, professional court employees, or
102-13 professional consultants, in addition to the testimony of
102-14 witnesses. At least one day before the release hearing, the court
102-15 shall provide the attorney for the person to be transferred or
102-16 released under supervision with access to all written matter to be
102-17 considered by the court.
102-18 (e) At any release hearing the person to be transferred or
102-19 released under supervision is entitled to an attorney, to examine
102-20 all witnesses against him, to present evidence and oral argument,
102-21 and to previous examination of all reports on and evaluations and
102-22 examinations of or relating to him that may be used in the hearing.
102-23 (f) A release hearing is open to the public unless the
102-24 person to be transferred or released under supervision waives a
102-25 public hearing with the consent of his attorney and the court.
102-26 (g) A release hearing must be recorded by a court reporter
102-27 or by audio or video tape recording, and the record of the hearing
103-1 must be retained by the court for at least two years after the date
103-2 of the final determination on the release of the person by the
103-3 court.
103-4 (h) The release hearing on a person who is the subject of a
103-5 notice of transfer must be held on the later of:
103-6 (1) a date not earlier than the 30th day before the
103-7 person's 17th birthday or later than <before 30 days before> the
103-8 person's 17th <18th> birthday; or
103-9 (2) the second anniversary of the date the person was
103-10 committed to the custody of the Texas Youth Commission.
103-11 (i) On conclusion of the release hearing on a person who is
103-12 the subject of a notice of transfer, the court may order:
103-13 (1) the recommitment of the person to the Texas Youth
103-14 Commission without a determinate sentence;
103-15 (2) the transfer of the person to the custody of the
103-16 institutional division of the Texas Department of Criminal Justice
103-17 for the completion of the person's determinate sentence; <or>
103-18 (3) the final discharge of the person; or
103-19 (4) the person to be placed under community
103-20 supervision in accordance with Article 42.12, Code of Criminal
103-21 Procedure.
103-22 (j) In making a determination under this section, the court
103-23 may consider the experiences and character of the person before and
103-24 after commitment to the youth commission, the nature of the penal
103-25 offense that the person was found to have committed and the manner
103-26 in which the offense was committed, the abilities of the person to
103-27 contribute to society, the protection of the victim of the offense
104-1 or any member of the victim's family, the recommendations of the
104-2 youth commission and prosecuting attorney, the best interests of
104-3 the person, and any other factor relevant to the issue to be
104-4 decided.
104-5 CHAPTER 56. APPEAL
104-6 Sec. 56.01. RIGHT TO APPEAL. (a) An appeal from an order
104-7 of a juvenile court is to a court of appeals and the case may be
104-8 carried to the Texas <Supreme> Court of Criminal Appeals by
104-9 petition for discretionary review <writ of error or upon
104-10 certificate>, as in criminal <civil> cases generally.
104-11 (b) The requirements governing an appeal are as in criminal
104-12 <civil> cases generally.
104-13 (c) An appeal may be taken:
104-14 (1) by or on behalf of a child from an order entered
104-15 under:
104-16 (A) <Section 54.02 of this code respecting
104-17 transfer of the child to criminal court for prosecution as an
104-18 adult;>
104-19 <(B)> Section 54.03 of this code with regard to
104-20 delinquent conduct or conduct indicating a need for supervision;
104-21 (B) <(C)> Section 54.02, 54.04, or 54.0401 of
104-22 this code disposing of the case;
104-23 (C) <(D)> Section 54.05 of this code respecting
104-24 modification of a previous juvenile court disposition; or
104-25 (D) <(E)> Chapter 55 of this code committing a
104-26 child to a facility for the mentally ill or mentally retarded; or
104-27 (2) by a person from an order entered under Section
105-1 54.11(i)(2) of this code transferring the person to the custody of
105-2 the institutional division of the Texas Department of Criminal
105-3 Justice.
105-4 (d) A child has the right to:
105-5 (1) appeal;
105-6 (2) representation by counsel on appeal; and
105-7 (3) appointment of an attorney for the appeal if an
105-8 attorney cannot be obtained because of indigency.
105-9 (e) On entering an order that is appealable under this
105-10 section, the court shall advise the child and the child's parent,
105-11 guardian, or guardian ad litem of the child's rights listed under
105-12 Subsection (d) of this section.
105-13 (f) If the child and his parent, guardian, or guardian ad
105-14 litem express a desire to appeal, the attorney who represented the
105-15 child before the juvenile court shall file a notice of appeal with
105-16 the juvenile court and inform the court whether that attorney will
105-17 handle the appeal. Counsel shall be appointed under the standards
105-18 provided in Section 51.10 of this code unless the right to appeal
105-19 is waived in accordance with Section 51.09 of this code.
105-20 (g) An appeal does not suspend the order of the juvenile
105-21 court, nor does it release the child from the custody of that court
105-22 or of the person, institution, or agency to whose care the child is
105-23 committed, unless the juvenile court so orders. However, the
105-24 appellate court may provide for a personal bond.
105-25 (h) If the order appealed from takes custody of the child
105-26 from his parent, guardian, or custodian, the appeal has precedence
105-27 over all other cases.
106-1 (i) The appellate court may affirm, reverse, or modify the
106-2 judgment or order, including an order of disposition or modified
106-3 disposition, from which appeal was taken. It may reverse or modify
106-4 an order of disposition or modified order of disposition while
106-5 affirming the juvenile court adjudication that the child engaged in
106-6 delinquent conduct or conduct indicating a need for supervision.
106-7 (j) Neither the child nor his family shall be identified in
106-8 an appellate opinion rendered in an appeal or habeas corpus
106-9 proceedings related to juvenile court proceedings under this title.
106-10 The appellate opinion shall be styled, "In the matter of
106-11 ..........," identifying the child by his initials only.
106-12 Sec. 56.011. RIGHT TO APPEAL BY THE STATE. (a) An appeal
106-13 may be taken by the state if the order of the court:
106-14 (1) dismisses any petition alleging delinquent conduct
106-15 or a motion to modify a prior order or any portion of any petition
106-16 alleging delinquent conduct or motion to modify a prior order;
106-17 (2) grants a new trial;
106-18 (3) sustains a claim of former jeopardy; or
106-19 (4) grants a motion to suppress evidence, a
106-20 confession, or an admission, if jeopardy has not attached in the
106-21 case and if the prosecuting attorney certifies to the trial court
106-22 that the appeal is not taken for the purpose of delay and that the
106-23 evidence, confession, or admission is of substantial importance in
106-24 the case.
106-25 (b) The state is entitled to appeal a ruling on a question
106-26 of law if the child is found delinquent, the child's disposition is
106-27 modified, or the child is ordered transferred to a criminal
107-1 district court for trial in a case and the child appeals the
107-2 judgment.
107-3 (c) The state is entitled to a stay in the proceedings
107-4 pending the disposition of an appeal by the state under Subsection
107-5 (b)(3).
107-6 (d) The court of appeals shall give precedence in its docket
107-7 to an appeal filed under Subsections (b)(3) and (4). The state
107-8 shall pay all costs of appeal under Subsections (b)(3) and (4),
107-9 other than the cost of attorney's fees for the child. Nothing in
107-10 this section shall interfere with the child's right to appeal under
107-11 the procedures of Section 56.01.
107-12 Sec. 56.02. TRANSCRIPT ON APPEAL. (a) An attorney retained
107-13 to represent a child on appeal who desires to have included in the
107-14 record on appeal a transcription of notes of the reporter has the
107-15 responsibility of obtaining and paying for the transcription and
107-16 furnishing it to the clerk in duplicate in time for inclusion in
107-17 the record.
107-18 (b) The juvenile court shall order the reporter to furnish a
107-19 transcription without charge to the attorney if the court finds,
107-20 after hearing or on an affidavit filed by the child's parent or
107-21 other person responsible for support of the child that the parent
107-22 or other responsible person is unable to pay or to give security
107-23 therefor.
107-24 (c) On certificate of the court that a transcription has
107-25 been provided without charge, payment therefor shall be made from
107-26 the general funds of the county in which the proceedings appealed
107-27 from occurred.
108-1 (d) The court reporter shall report any portion of the
108-2 proceedings requested by either party or directed by the court and
108-3 shall report the proceedings in question and answer form unless a
108-4 narrative transcript is requested.
108-5 Sec. 56.03. ESCAPE OF CHILD. When any escape from custody
108-6 by the child occurs while said child has an appeal pending, the
108-7 Texas Youth Commission, the institutional division of the Texas
108-8 Department of Criminal Justice, the jail, or the detention facility
108-9 where the child was in custody shall immediately report the fact
108-10 under oath to the district or county attorney of the county in
108-11 which the judgment of adjudication or transfer was had. Such
108-12 report shall be sufficient evidence of the fact of such escape,
108-13 which shall authorize dismissal of the child's appeal. Upon
108-14 receipt of such report the district or county attorney shall notify
108-15 the appellate court of the fact of said escape.
108-16 CHAPTER 57. RIGHTS OF CRIME VICTIMS
108-17 Sec. 57.01 <57.001>. DEFINITIONS. In this chapter:
108-18 (1) "Close relative of a deceased victim" means a
108-19 person who was the spouse of a deceased victim at the time of the
108-20 victim's death or who is a parent or adult brother, sister, or
108-21 child of the deceased victim.
108-22 (2) "Guardian of a victim" means a person who is the
108-23 legal guardian of the victim, whether or not the legal relationship
108-24 between the guardian and victim exists because of the age of the
108-25 victim or the physical or mental incompetency of the victim.
108-26 (3) "Victim" means a person who is the victim of
108-27 sexual assault, kidnapping, or aggravated robbery or who has
109-1 suffered bodily injury or death as a result of the criminal conduct
109-2 of another.<:>
109-3 <(A) is the victim of the delinquent conduct of
109-4 a child that includes the elements under the penal law of this
109-5 state of sexual assault, kidnapping, or aggravated robbery; or>
109-6 <(B) has suffered bodily injury or death as a
109-7 result of the conduct of a child that violates a penal law of this
109-8 state.>
109-9 Sec. 57.02 <57.002>. VICTIM'S RIGHTS. (a) A victim,
109-10 guardian of a victim, or close relative of a deceased victim is
109-11 entitled to the following rights within the juvenile justice
109-12 system:
109-13 (1) the right to receive from law enforcement agencies
109-14 adequate protection from harm and threats of harm arising from
109-15 cooperation with prosecution efforts;
109-16 (2) the right to have the court or person appointed by
109-17 the court take the safety of the victim or the victim's family into
109-18 consideration as an element in determining whether the child should
109-19 be detained before the child's conduct is adjudicated;
109-20 (3) the right, if requested, to be informed of
109-21 relevant court proceedings and to be informed in a timely manner if
109-22 those court proceedings have been canceled or rescheduled;
109-23 (4) the right to be informed, when requested, by a
109-24 peace officer concerning the procedures in criminal investigations
109-25 and by the district attorney's office <the court or a person
109-26 appointed by the court> concerning the procedures in the juvenile
109-27 and criminal justice system, including general procedures relating
110-1 to the preliminary investigation and informal adjustment of a case
110-2 and general procedures in detention, adjudication, disposition,
110-3 restitution, and the appeals and parole process;
110-4 (5) the right to provide pertinent information to a
110-5 probation department conducting a presentencing or predisposition
110-6 investigation <juvenile court conducting a disposition hearing>
110-7 concerning the impact of the offense on the victim and the victim's
110-8 family by testimony, written statement, or any other manner prior
110-9 to any disposition of the offender <before the court renders its
110-10 disposition>;
110-11 (6) the right to receive information regarding
110-12 compensation to victims as provided by Subchapter B, Chapter 56,
110-13 Code of Criminal Procedure <the Crime Victims Compensation Act
110-14 (Article 8309-1, Vernon's Texas Civil Statutes)>, including
110-15 information related to the costs that may be compensated under that
110-16 Act and the amount of compensation, eligibility for compensation,
110-17 and procedures for application for compensation under that Act, the
110-18 payment for a medical examination under Section 57.06 <of medical
110-19 expenses under Section 1, Chapter 299, Acts of the 63rd
110-20 Legislature, Regular Session, 1973 (Article 4447m, Vernon's Texas
110-21 Civil Statutes),> for a victim of a sexual assault, and when
110-22 requested, to referral to available social service agencies that
110-23 may offer additional assistance;
110-24 (7) the right to be informed, upon request, of
110-25 procedures for release under supervision, to participate in the
110-26 release process, to be notified, if requested, of release
110-27 proceedings concerning the child, to provide to the Texas Youth
111-1 Commission for inclusion in the child's file information to be
111-2 considered by the commission before the release under supervision
111-3 of the child, and to be notified, if requested, of the child's
111-4 release;
111-5 (8) the right to be provided with a waiting area,
111-6 separate or secure from other witnesses, including the child
111-7 alleged to have committed the conduct and relatives of the child,
111-8 before testifying in any proceeding concerning the child, or, if a
111-9 separate waiting area is not available, other safeguards should be
111-10 taken to minimize the victim's contact with the child and the
111-11 child's relatives and witnesses, before and during court
111-12 proceedings;
111-13 (9) the right to prompt return of any property of the
111-14 victim that is held by a law enforcement agency or the attorney for
111-15 the state as evidence when the property is no longer required for
111-16 that purpose;
111-17 (10) the right to have the attorney for the state
111-18 notify the employer of the victim, if requested, of the necessity
111-19 of the victim's cooperation and testimony in a proceeding that may
111-20 necessitate the absence of the victim from work for good cause;
111-21 <and>
111-22 (11) the right to be present at all public court
111-23 proceedings related to the offense <conduct of the child>, subject
111-24 to the approval of the court; and
111-25 (12) the right to counseling, on request, regarding
111-26 acquired immune deficiency syndrome (AIDS) and human
111-27 immunodeficiency virus (HIV) infection and testing for AIDS, HIV
112-1 infection, antibodies to HIV, or infection with any other probable
112-2 causative agent of AIDS, if the offense is an offense under Section
112-3 21.11(a)(1), 22.011, or 22.021, Penal Code.
112-4 (b) The office of the attorney representing the state, and
112-5 the sheriff, police, and other law enforcement agencies, shall
112-6 ensure to the extent practicable that a victim, guardian of a
112-7 victim, or close relative of a deceased victim is afforded the
112-8 rights granted by Subsection (a) and, on request, an explanation of
112-9 those rights.
112-10 (c) A judge, attorney for the state, peace officer, or law
112-11 enforcement agency is not liable for a failure or inability to
112-12 provide a right enumerated in this section. The failure or
112-13 inability of any person to provide a right or service enumerated in
112-14 this section may not be used by a child as a ground for appeal, or
112-15 for a postconviction writ of habeas corpus.
112-16 (d) A victim, guardian of a victim, or close relative of a
112-17 deceased victim does not have standing to participate as a party in
112-18 a juvenile proceeding or to contest the disposition of any case.
112-19 Sec. 57.03. VICTIM IMPACT STATEMENT. (a) The Texas Crime
112-20 Victim Clearinghouse, with the participation of the Texas Juvenile
112-21 Probation Commission and the Texas Youth Commission, shall develop
112-22 a form to be used by law enforcement agencies, prosecutors, and
112-23 other participants in the criminal justice system to record the
112-24 impact of an offense on a victim of the offense, guardian of a
112-25 victim, or a close relative of a deceased victim and to provide the
112-26 agencies, prosecutors, and participants with information needed to
112-27 contact the victim, guardian, or relative if needed at any stage of
113-1 a prosecution of a person charged with the offense. The Texas
113-2 Crime Victim Clearinghouse, with the participation of the Texas
113-3 Juvenile Probation Commission and the Texas Youth Commission, shall
113-4 also develop a victims' information booklet that provides a general
113-5 explanation of the juvenile justice system to victims of an
113-6 offense, guardians of victims, and relatives of deceased victims.
113-7 (b) The victim impact statement must be in a form designed
113-8 to inform a victim, guardian of a victim, or a close relative of a
113-9 deceased victim with a clear statement of rights provided by
113-10 Section 57.02 and to collect the following information:
113-11 (1) the name of the victim of the offense or, if the
113-12 victim has a legal guardian or is deceased, the name of a guardian
113-13 or close relative of the victim;
113-14 (2) the address and telephone number of the victim,
113-15 guardian, or relative through which the victim, guardian of a
113-16 victim, or a close relative of a deceased victim, may be contacted;
113-17 (3) a statement of economic loss suffered by the
113-18 victim, guardian, or relative as a result of the offense;
113-19 (4) a statement of any physical or psychological
113-20 injury suffered by the victim, guardian, or relative as a result of
113-21 the offense, as described by the victim, guardian, or relative or
113-22 by a physician or counselor;
113-23 (5) a statement of any psychological services
113-24 requested as a result of the offense;
113-25 (6) a statement of any change in the victim's,
113-26 guardian's, or relative's personal welfare or familial relationship
113-27 as a result of the offense;
114-1 (7) a statement as to whether or not the victim,
114-2 guardian, or relative wishes to be notified in the future of any
114-3 release hearing for the child and an explanation as to the
114-4 procedures by which the victim, guardian, or relative may obtain
114-5 information concerning the release of the child from the Texas
114-6 Youth Commission; and
114-7 (8) any other information, other than facts related to
114-8 the commission of the offense, related to the impact of the offense
114-9 on the victim, guardian, or relative.
114-10 (c) The victim assistance coordinator designated in Section
114-11 57.04(a) shall send to a victim, guardian of a victim, or close
114-12 relative of a deceased victim a victim impact statement, a victims'
114-13 information booklet, and an application for compensation under
114-14 Subchapter B, Chapter 56, Code of Criminal Procedure, along with an
114-15 offer to assist in completing those forms on request. The victim
114-16 assistance coordinator, on request, shall explain the possible use
114-17 and consideration of the victim impact statement at disposition and
114-18 future release hearing of the child.
114-19 (d) If a victim, guardian of a victim, or close relative of
114-20 a deceased victim states on the victim impact statement that he
114-21 wishes to be notified of release proceedings, the victim, guardian,
114-22 or relative is responsible for notifying the Texas Youth Commission
114-23 of any change of address.
114-24 (e) Prior to the imposition of a disposition by the court in
114-25 a juvenile case, the court, if it has received a victim impact
114-26 statement, shall consider the information provided in the
114-27 statement. Before deciding disposition of the child, the court
115-1 shall permit the child or his counsel a reasonable time to read the
115-2 statement, comment on the statement, and, with the approval of the
115-3 court, introduce testimony or other information alleging a factual
115-4 inaccuracy in the statement. If the court places the child on
115-5 probation, the court shall forward any victim's impact statement
115-6 received in the case to the probation department supervising the
115-7 child, along with the papers in the case.
115-8 (f) The court may not inspect a victim impact statement
115-9 until after adjudication and the contents of the statement may not
115-10 be disclosed to any person unless there has been an adjudication or
115-11 the child in writing authorizes the court to inspect the statement.
115-12 (g) A victim impact statement is subject to discovery under
115-13 Article 39.14, Code of Criminal Procedure, before the testimony of
115-14 the victim is taken only if the court determines that the statement
115-15 contains exculpatory material.
115-16 (h) Not later than December 1 of each odd-numbered year, the
115-17 Texas Crime Victim Clearinghouse, with the participation of the
115-18 Texas Juvenile Probation Commission and the Texas Youth Commission,
115-19 shall update the victim impact statement form and any other
115-20 information provided by the commission to victims, guardians of
115-21 victims, and relatives of deceased victims, if necessary, to
115-22 reflect changes in the law relating to the juvenile justice system
115-23 and the rights of victims and guardians and relatives of victims.
115-24 Sec. 57.04. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM
115-25 LIAISON. (a) The district attorney, criminal district attorney,
115-26 or county attorney who prosecutes juvenile cases shall designate a
115-27 person to serve as victim assistance coordinator in that
116-1 jurisdiction.
116-2 (b) The duty of the victim assistance coordinator is to
116-3 ensure that a victim, guardian of a victim, or close relative of a
116-4 deceased victim is afforded the rights granted victims, guardians,
116-5 and relatives by Section 57.02. The victim assistance coordinator
116-6 shall work closely with appropriate law enforcement agencies,
116-7 prosecuting attorneys, the Texas Youth Commission, and the
116-8 judiciary in carrying out that duty.
116-9 (c) Each local law enforcement agency shall designate one
116-10 person to serve as the agency's crime victim liaison. Each agency
116-11 shall consult with the victim assistance coordinator in the office
116-12 of the attorney representing the state to determine the most
116-13 effective manner in which the crime victim liaison can perform the
116-14 duties imposed on the crime victim liaison under this section.
116-15 (d) The duty of the crime victim liaison is to ensure that a
116-16 victim, guardian of a victim, or close relative of a deceased
116-17 victim is afforded the rights granted victims, guardians, or close
116-18 relatives of deceased victims by Sections 57.02(a)(4), (6), and
116-19 (9).
116-20 (e) The victim assistance coordinator shall send a copy of a
116-21 victim impact statement to the court determining disposition of the
116-22 child. If the court commits the child to the Texas Youth
116-23 Commission, it shall attach the copy of the victim impact statement
116-24 to the commitment papers.
116-25 Sec. 57.05. REPORTS REQUIRED. (a) The Texas Youth
116-26 Commission, the Texas Juvenile Probation Commission, and the Texas
116-27 Crime Victim Clearinghouse, designated as the planning body for the
117-1 purposes of this chapter, shall develop a survey plan to maintain
117-2 statistics on the numbers and types of persons to whom state and
117-3 local agencies provide victim impact statements during each year.
117-4 (b) At intervals specified in the plan, the planning body
117-5 may require any state or local agency to submit, in a form
117-6 prescribed for the reporting of the information, statistical data
117-7 on the numbers and types of persons to whom the agency provides
117-8 victim impact statements and any other information required by the
117-9 planning body. The form must be designed to protect the privacy of
117-10 persons afforded rights under this chapter and to determine whether
117-11 the selected agency or office is making a good faith effort to
117-12 protect the rights of the persons served.
117-13 (c) The Texas Crime Victim Clearinghouse shall develop crime
117-14 victim assistance standards and distribute those standards to law
117-15 enforcement officers and attorneys representing the state to aid
117-16 those officers and prosecutors in performing duties imposed by this
117-17 chapter.
117-18 Sec. 57.06. COSTS OF MEDICAL EXAMINATION. (a) A law
117-19 enforcement agency that requests a medical examination of a victim
117-20 of an alleged sexual assault for use in the investigation or
117-21 prosecution of the offense shall pay all costs of the examination.
117-22 A law enforcement agency or prosecuting attorney's office may pay
117-23 all costs related to the testimony of a licensed health care
117-24 professional in a criminal proceeding regarding the results of the
117-25 medical examination or manner in which it was performed.
117-26 (b) This section does not require a law enforcement agency
117-27 to pay any costs of treatment for injuries.
118-1 Sec. 57.07. NOTIFICATION. At the initial contact or at the
118-2 earliest possible time after the initial contact between the victim
118-3 of a reported crime and the law enforcement agency having the
118-4 responsibility for investigating that crime, that agency shall
118-5 provide the victim a written notice containing:
118-6 (1) information about the availability of emergency
118-7 and medical services, if applicable;
118-8 (2) notice that the victim has the right to receive
118-9 information regarding compensation to victims of crime as provided
118-10 by Subchapter B, Chapter 56, Code of Criminal Procedure, including
118-11 information about:
118-12 (A) the costs that may be compensated under that
118-13 Act and the amount of compensation, eligibility for compensation,
118-14 and procedures for application for compensation;
118-15 (B) the payment for a medical examination for a
118-16 victim of a sexual assault under Section 57.06; and
118-17 (C) referral to available social service
118-18 agencies that may offer additional assistance;
118-19 (3) the name, address, and phone number of the law
118-20 enforcement agency's victim assistance liaison;
118-21 (4) the address, phone number, and name of the crime
118-22 victim assistance coordinator of the office of the attorney
118-23 representing the state;
118-24 (5) the following statement: "You may call the law
118-25 enforcement agency's telephone number for the status of the case
118-26 and information about victims' rights"; and
118-27 (6) the rights of crime victims under Section 57.02.
119-1 Sec. 57.08. NOTIFICATION OF RIGHTS BY ATTORNEY REPRESENTING
119-2 THE STATE. (a) Not later than the 10th day after the date a
119-3 petition is filed against a child for an offense, the attorney
119-4 representing the state shall give to each victim of the offense a
119-5 written notice containing:
119-6 (1) a brief general statement of each procedural stage
119-7 in the processing of a juvenile case, including detention,
119-8 adjudication, disposition, restitution, release, and appeal;
119-9 (2) notification of the rights and procedures under
119-10 this chapter;
119-11 (3) suggested steps the victim may take if the victim
119-12 is subjected to threats or intimidation;
119-13 (4) notification of the right to receive information
119-14 regarding compensation to victims of crime as provided by
119-15 Subchapter B, Chapter 56, Code of Criminal Procedure, including
119-16 information about:
119-17 (A) the costs that may be compensated under that
119-18 Act, eligibility for compensation, and procedures for application
119-19 for compensation;
119-20 (B) the payment for a medical examination for a
119-21 victim of a sexual assault under Section 57.06; and
119-22 (C) referral to available social service
119-23 agencies that may offer additional assistance;
119-24 (5) the name, address, and phone number of the local
119-25 victim assistance coordinator;
119-26 (6) the case number and assigned court for the case;
119-27 and
120-1 (7) the right to file a victim impact statement with
120-2 the office of the attorney representing the state and the Texas
120-3 Youth Commission.
120-4 (b) If requested by the victim, the attorney representing
120-5 the state, as far as reasonably practical, shall give to the victim
120-6 notice of any scheduled court proceedings, changes in that
120-7 schedule, the filing of a request for continuance of a trial
120-8 setting, and any plea agreements to be presented to the court.
120-9 (c) A victim who receives a notice under Subsection (a) and
120-10 who chooses to receive other notice under law about the same case
120-11 must keep the following persons informed of the victim's current
120-12 address and phone number:
120-13 (1) the attorney representing the state; and
120-14 (2) the Texas Youth Commission if the child is
120-15 committed to that commission.
120-16 Sec. 57.09. VICTIM'S RIGHT TO PRIVACY. As far as reasonably
120-17 practical, the address of the victim may not be a part of the court
120-18 file except as necessary to identify the place of the crime. The
120-19 phone number of the victim may not be a part of the court file.
120-20 Sec. 57.10. VICTIMS DISCOVERY ATTENDANCE. Unless absolutely
120-21 necessary, victims or witnesses who are not incarcerated may not be
120-22 required to attend depositions in a correctional or juvenile
120-23 facility.
120-24 Sec. 57.11. NOTIFICATION TO STALKING VICTIM. (a) The Texas
120-25 Youth Commission shall notify the victim of the offense and local
120-26 law enforcement officials in the county where the victim resides
120-27 whenever a child adjudicated on a felony offense under Subsection
121-1 (a)(7) as enhanced by Subsection (d) of Section 42.07, Penal Code:
121-2 (1) is released; or
121-3 (2) escapes from a facility operated by the
121-4 commission.
121-5 (b) It is the responsibility of the victim desiring
121-6 notification of the child's release to notify the Texas Youth
121-7 Commission of any change of address of the victim.
121-8 (c) The Texas Youth Commission shall give the notice
121-9 required by Subsection (a):
121-10 (1) not later than the 30th day before the child is
121-11 released; or
121-12 (2) immediately if the child escapes from a facility
121-13 operated by the commission.
121-14 Sec. 57.12. VICTIMS OF JUVENILES TRIED IN JUVENILE COURT.
121-15 Victims of juveniles tried in criminal court under Section 54.02
121-16 shall, in addition to the rights provided by this chapter, have the
121-17 rights provided by Chapter 56, Code of Criminal Procedure.
121-18 <Sec. 57.003. DUTY OF JUVENILE BOARD. The juvenile board
121-19 shall ensure to the extent practicable that a victim, guardian of a
121-20 victim, or close relative of a deceased victim is afforded the
121-21 rights granted by Section 57.002 of this code and, on request, an
121-22 explanation of those rights.>
121-23 <Sec. 57.004. NOTIFICATION. A court, a person appointed by
121-24 the court, or the Texas Youth Commission is responsible for
121-25 notifying a victim, guardian of a victim, or close relative of a
121-26 deceased victim of a proceeding under this chapter only if the
121-27 victim, guardian of a victim, or close relative of a deceased
122-1 victim requests the notification in writing and provides a current
122-2 address to which the notification is to be sent.>
122-3 <Sec. 57.005. LIABILITY. The Texas Youth Commission, a
122-4 juvenile board, a court, a person appointed by a court, an attorney
122-5 for the state, a peace officer, or a law enforcement agency is not
122-6 liable for a failure or inability to provide a right listed under
122-7 Section 57.002 of this code.>
122-8 <Sec. 57.006. APPEAL. The failure or inability of any
122-9 person to provide a right or service listed under Section 57.002 of
122-10 this code may not be used by a child as a ground for appeal or for
122-11 a post conviction writ of habeas corpus.>
122-12 <Sec. 57.007. STANDING. A victim, guardian of a victim, or
122-13 close relative of a victim does not have standing to participate as
122-14 a party in a juvenile proceeding or to contest the disposition of
122-15 any case.>
122-16 SECTION 2. Sections 8.07(a), (b), and (c), Penal Code, are
122-17 amended to read as follows:
122-18 (a) A person may not be prosecuted for or convicted of any
122-19 offense that he committed when younger than 10 <15> years of age
122-20 except:
122-21 (1) perjury and aggravated perjury when it appears by
122-22 proof that he had sufficient discretion to understand the nature
122-23 and obligation of an oath;
122-24 (2) a violation of a penal statute cognizable under
122-25 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
122-26 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
122-27 which violates the laws of this state prohibiting driving while
123-1 intoxicated or under the influence of intoxicating liquor (first or
123-2 subsequent offense) or driving while under the influence of any
123-3 narcotic drug or of any other drug to a degree which renders him
123-4 incapable of safely driving a vehicle (first or subsequent
123-5 offense)>; or
123-6 (3) a violation of a motor vehicle traffic ordinance
123-7 of an incorporated city or town in this state<;>
123-8 <(4) a misdemeanor punishable by fine only other than
123-9 public intoxication; or>
123-10 <(5) a violation of a penal ordinance of a political
123-11 subdivision>.
123-12 (b) Unless a grand jury charges <the juvenile court waives
123-13 jurisdiction and certifies> the individual with an offense under
123-14 Section 53.045, Family Code <for criminal prosecution>, a person
123-15 may not be prosecuted for or convicted of any offense committed
123-16 before reaching 17 years of age except:
123-17 (1) perjury and aggravated perjury when it appears by
123-18 proof that he had sufficient discretion to understand the nature
123-19 and obligation of an oath;
123-20 (2) a violation of a penal statute cognizable under
123-21 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
123-22 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
123-23 which violates the laws of this state prohibiting driving while
123-24 intoxicated or under the influence of intoxicating liquor (first or
123-25 subsequent offense) or driving while under the influence of any
123-26 narcotic drug or of any other drug to a degree which renders him
123-27 incapable of safely driving a vehicle (first or subsequent
124-1 offense)>; or
124-2 (3) a violation of a motor vehicle traffic ordinance
124-3 of an incorporated city or town in this state<;>
124-4 <(4) a misdemeanor punishable by fine only other than
124-5 public intoxication; or>
124-6 <(5) a violation of a penal ordinance of a political
124-7 subdivision>.
124-8 (c) A <Unless the juvenile court waives jurisdiction and
124-9 certifies the individual for criminal prosecution, a> person who
124-10 has been alleged in a petition for an adjudication hearing to have
124-11 engaged in delinquent conduct or conduct indicating a need for
124-12 supervision may not be prosecuted for or convicted of any offense
124-13 alleged in the juvenile court petition or any offense within the
124-14 knowledge of the juvenile court judge as evidenced by anything in
124-15 the record of the juvenile court proceedings.
124-16 SECTION 3. Section 61.079(a), Human Resources Code, is
124-17 amended to read as follows:
124-18 (a) During the sixth month before the month in which a
124-19 person committed to the commission under a determinate sentence
124-20 becomes eligible for a release hearing under Section 54.11(h),
124-21 Family Code <18 years old>, the commission shall send to the
124-22 juvenile court that entered the order of commitment a notice of the
124-23 person's transfer to the institutional division of the Texas
124-24 Department of Criminal Justice <Corrections> if:
124-25 (1) the person will not have completed the sentence
124-26 before the date the person becomes eligible for a release hearing
124-27 under Section 54.11(h), Family Code <person's 18th birthday>; and
125-1 (2) the person has not been finally released by the
125-2 commission with the approval of the juvenile court that entered the
125-3 order of commitment.
125-4 SECTION 4. Section 61.081(f), Human Resources Code, is
125-5 amended to read as follows:
125-6 (f) If a child <under the age of 18> is committed to the
125-7 commission under a determinate sentence under Section 54.0401
125-8 <54.04(d)(3) or Section 54.05(f)>, Family Code, the commission may
125-9 not release the child under supervision without approval of the
125-10 juvenile court that entered the order of commitment. The
125-11 commission may request the approval of the court under this section
125-12 at any time.
125-13 SECTION 5. Sections 61.084(a) and (b), Human Resources Code,
125-14 are amended to read as follows:
125-15 (a) Except as provided by Subsections (b) and (c), if a
125-16 person is committed to the commission under a determinate sentence
125-17 under Section 54.0401 <54.04(d)(3) or Section 54.05(f)>, Family
125-18 Code, the commission may not discharge the person from its custody
125-19 before the person's 17th <18th> birthday without the approval of
125-20 the juvenile court that entered the order of commitment.
125-21 (b) The commission shall discharge without a court hearing a
125-22 person committed to it for a determinate sentence under Section
125-23 54.0401 <54.04(d)(3) or Section 54.05(f)>, Family Code, who has not
125-24 been transferred to the Texas Department of Criminal Justice or
125-25 discharged under a court order on the date that the time spent by
125-26 the person in detention in connection with the committing case plus
125-27 the time spent at the Texas Youth Commission under the order of
126-1 commitment equals the period of the determinate sentence.
126-2 SECTION 6. (a) This Act takes effect September 1, 1995.
126-3 (b) This Act applies only to conduct that occurs on or after
126-4 the effective date of this Act. Conduct violating the penal law of
126-5 this state occurs on or after the effective date of this Act if
126-6 every element of the violation occurs on or after that date.
126-7 (c) Conduct that occurs before the effective date of this
126-8 Act is governed by the law in effect at the time the conduct
126-9 occurred, and that law is continued in effect for that purpose.
126-10 (d) This Act applies only to the appeal under Chapter 56,
126-11 Family Code, of an order by a juvenile court rendered on or after
126-12 the effective date of this Act. The appeal of an order rendered
126-13 before the effective date of this Act is governed by the law in
126-14 effect at the time the order was rendered, and that law is
126-15 continued in effect for that purpose.
126-16 SECTION 7. The importance of this legislation and the
126-17 crowded condition of the calendars in both houses create an
126-18 emergency and an imperative public necessity that the
126-19 constitutional rule requiring bills to be read on three several
126-20 days in each house be suspended, and this rule is hereby suspended.