By Davis                                              H.B. No. 3161
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of State wide community service
    1-3  programs to allow juvenile offenders alternatives to the adult
    1-4  criminal justice system.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 54.021(d)., Justice Court:  Truancy,
    1-7  (Vernon's Texas Civil Statutes), is amended to read as follows:
    1-8              (4)  The child complete reasonable community service
    1-9  requirements to be determined by a jury of their peers, and make
   1-10  restitution for their offenses through community service.
   1-11        SECTION 2.  PARTICIPANTS.  The program should be administered
   1-12  by participants to include a justice court judge, a peer group
   1-13  coordinator, prosecuting and defense attorneys, bailiff, clerk,
   1-14  jury of peers to be interviewed and chosen by the peer group
   1-15  coordinator, the defendant, and the parents of the defendant.
   1-16        SECTION 3.  REQUIREMENTS.  Participants will cooperate with
   1-17  and carry out the instructions of the officiating justice court
   1-18  judge.
   1-19        SECTION 4.  RESPONSIBILITIES.  (a)  Justice court judge:
   1-20  provide brief orientation of court program and procedures before
   1-21  each court session.  Rule on courtroom procedures and points of
   1-22  law; clarify legal terminology.  Review sentences.  Meet with peer
   1-23  group coordinator to approve choice of court personnel and to
    2-1  review cases.  Assist in training personnel.  Supervise defendants
    2-2  and volunteers on work projects, as needed.
    2-3        (b)  Peer group coordinator:  determine eligibility of
    2-4  offender and refers ineligibility youth to appropriate resources,
    2-5  as necessary.  Meets with justice court judge to review cases.
    2-6  oversees court scheduling and case disposition.  Develops and
    2-7  monitors defendant referrals and placements.  Recruits volunteers
    2-8  to help in court activities.  Instructs jurors on discipline grid
    2-9  and types of sentences.
   2-10        (c)  Prosecuting and defense counsel (teen volunteers):
   2-11  Represent the State or Defendant during court proceedings.
   2-12  Questions defendant to determine motivations, remorse.  Suggests to
   2-13  jury the proper sentence.  Complies with conduct established for
   2-14  the court.
   2-15        (d)  Bailiff (peer):  Participates in courtroom proceedings.
   2-16  Aids in keeping order in the courtroom.  Assists jurors in rotation
   2-17  process.
   2-18        (e)  Clerk (peer):  Participates in courtroom proceedings.
   2-19  Calls each case before the court.
   2-20        (f)  Jury (peers):  Listens to cases.  Determines discipline
   2-21  for defendant.
   2-22        (g)  Defendant:  Must abide by the rules of the court.
   2-23        SECTION 5.  This act takes effect September 1, 1995.
   2-24        SECTION 6.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.