By Harris of Tarrant S.B. No. 6
74R4037 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the juvenile justice system, including the adjudication
1-3 and disposition of children; providing for civil and criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading to Title 3, Family Code, is amended
1-7 to read as follows:
1-8 TITLE 3. JUVENILE JUSTICE CODE <DELINQUENT CHILDREN
1-9 AND CHILDREN IN NEED OF SUPERVISION>
1-10 SECTION 2. Section 51.01, Family Code, is amended to read as
1-11 follows:
1-12 Sec. 51.01. Purpose and Interpretation. This title shall be
1-13 construed to effectuate the following public purposes:
1-14 (1) to provide for the protection of the public and
1-15 public safety;
1-16 (2) consistent with the protection of the public and
1-17 public safety:
1-18 (A) to promote the concept of punishment for
1-19 criminal acts;
1-20 (B) to remove, where appropriate, the taint of
1-21 criminality from children committing certain unlawful acts; and
1-22 (C) to provide treatment, training, and
1-23 rehabilitation that emphasizes the accountability and
1-24 responsibility of both the parent and the child for the child's
2-1 conduct;
2-2 (3) to provide for the care, the protection, and the
2-3 wholesome moral, mental, and physical development of children
2-4 coming within its provisions;
2-5 (4) <(2)> to protect the welfare of the community and
2-6 to control the commission of unlawful acts by children;
2-7 (5) <(3) consistent with the protection of the public
2-8 interest, to remove from children committing unlawful acts the
2-9 taint of criminality and the consequences of criminal behavior and
2-10 to substitute a program of treatment, training, and rehabilitation;>
2-11 <(4)> to achieve the foregoing purposes in a family
2-12 environment whenever possible, separating the child from the
2-13 child's <his> parents only when necessary for the child's <his>
2-14 welfare or in the interest of public safety and when a child is
2-15 removed from the child's <his> family, to give the child <him> the
2-16 care that should be provided by parents; and
2-17 (6) <(5)> to provide a simple judicial procedure
2-18 through which the provisions of this title are executed and
2-19 enforced and in which the parties are assured a fair hearing and
2-20 their constitutional and other legal rights recognized and
2-21 enforced.
2-22 SECTION 3. Section 51.02(1), Family Code, is amended to read
2-23 as follows:
2-24 (1) "Child" means a person for whom the juvenile court
2-25 has or may exercise jurisdiction under Section 51.035 and the other
2-26 provisions of this chapter <who is:>
2-27 <(A) ten years of age or older and under 17
3-1 years of age; or>
3-2 <(B) seventeen years of age or older and under
3-3 18 years of age who is alleged or found to have engaged in
3-4 delinquent conduct or conduct indicating a need for supervision as
3-5 a result of acts committed before becoming 17 years of age>.
3-6 SECTION 4. Section 51.03(a), Family Code, is amended to read
3-7 as follows:
3-8 (a) Delinquent conduct is:
3-9 (1) conduct, other than a traffic offense, that
3-10 violates a penal law of this state or of the United States
3-11 punishable by imprisonment or by confinement in jail;
3-12 (2) conduct that violates a reasonable and lawful
3-13 order of a juvenile court entered under Section 54.04 or 54.05 of
3-14 this code, except an order prohibiting the following conduct:
3-15 (A) a violation of the penal laws of this state
3-16 of the grade of misdemeanor that is punishable by fine only or a
3-17 violation of the penal ordinances of any political subdivision of
3-18 this state; or
3-19 (B) <the unexcused voluntary absence of a child
3-20 from school; or>
3-21 <(C)> the voluntary absence of a child from his
3-22 home without the consent of his parent or guardian for a
3-23 substantial length of time or without intent to return; <or>
3-24 (3) conduct that violates a reasonable and lawful
3-25 order of a municipal court or justice court; or
3-26 (4) conduct that violates the laws of this state
3-27 prohibiting driving while intoxicated or under the influence of
4-1 intoxicating liquor (third or subsequent offense) or driving while
4-2 under the influence of any narcotic drug or of any other drug to
4-3 the degree that renders the child incapable of safely driving a
4-4 vehicle (third or subsequent offense).
4-5 SECTION 5. Chapter 51, Family Code, is amended by adding
4-6 Sections 51.035 and 51.036 to read as follows:
4-7 Sec. 51.035. PERSONS FOR WHOM THE JUVENILE COURT HAS
4-8 JURISDICTION: AGE LIMITS. (a) The juvenile court has
4-9 jurisdiction in a suit under this title over a person:
4-10 (1) younger than 17 years of age; or
4-11 (2) 17 years of age or older and under 18 years of age
4-12 who is alleged or found to have engaged in delinquent conduct or
4-13 conduct indicating a need for supervision as a result of acts
4-14 committed before becoming 17 years of age.
4-15 (b) The juvenile court does not have jurisdiction over a
4-16 person younger than 10 years of age.
4-17 Sec. 51.036. PERSONS FOR WHOM THE JUVENILE COURT HAS
4-18 JURISDICTION: EXCEPTIONS. (a) The juvenile court does not have
4-19 jurisdiction over a person for whom a criminal court has original
4-20 jurisdiction unless the criminal court waives its jurisdiction and
4-21 transfers the child to the juvenile court under Section 51.08.
4-22 (b) The juvenile court does not have jurisdiction over a
4-23 person for whom the court has previously waived its exclusive
4-24 original jurisdiction under Section 54.02 and transferred the
4-25 person to a court for criminal proceedings. The juvenile court
4-26 resumes jurisdiction over the person transferred if the person is
4-27 not indicted by the grand jury or is found not guilty in the matter
5-1 transferred, or if the matter is dismissed with prejudice.
5-2 (c) The juvenile court does not have jurisdiction over a
5-3 person for whom the juvenile court has waived jurisdiction under
5-4 Section 54.021 or over a person who commits an offense for which
5-5 jurisdiction has been waived under Section 54.021 during the period
5-6 that the waiver is effective.
5-7 SECTION 6. Chapter 51, Family Code, is amended by adding
5-8 Sections 51.041 and 51.042 to read as follows:
5-9 Sec. 51.041. JURISDICTION AFTER APPEAL. The court retains
5-10 jurisdiction over a person, without regard to the age of the
5-11 person, for conduct engaged in by the person before becoming 17
5-12 years of age if, as a result of an appeal by the person under
5-13 Chapter 56 of an order of the court, the order is reversed or
5-14 modified and the case remanded to the court by the appellate court.
5-15 Sec. 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
5-16 CHILD. (a) A child who objects to the jurisdiction of the court
5-17 over the child because of the age of the child must raise the
5-18 objection at the child's first formal hearing under this title.
5-19 (b) A child who does not object as provided by Subsection
5-20 (a) waives any right to object to the jurisdiction of the court
5-21 because of the age of the child at a later hearing or on appeal.
5-22 SECTION 7. Section 51.06(b), Family Code, is amended to read
5-23 as follows:
5-24 (b) An application for a writ of habeas corpus brought by or
5-25 on behalf of a person <child> who has been committed to an
5-26 institution under the jurisdiction of the Texas Youth Commission
5-27 and which attacks the validity of the judgment of commitment shall
6-1 be brought in the county in which the court that entered the
6-2 judgment of commitment is located.
6-3 SECTION 8. Sections 51.08(b) and (c), Family Code, are
6-4 amended to read as follows:
6-5 (b) A court in which there is pending a complaint against a
6-6 person whose age is within limits described by Section 51.035
6-7 <child> alleging a violation of a misdemeanor offense punishable by
6-8 fine only other than a traffic offense or public intoxication or a
6-9 violation of a penal ordinance of a political subdivision other
6-10 than a traffic offense:
6-11 (1) shall waive its original jurisdiction and refer
6-12 the person <a child> to juvenile court if the person <child> has
6-13 previously been convicted of:
6-14 (A) two or more misdemeanors punishable by fine
6-15 only other than a traffic offense or public intoxication;
6-16 (B) two or more violations of a penal ordinance
6-17 of a political subdivision other than a traffic offense; or
6-18 (C) one or more of each of the types of
6-19 misdemeanors described in Paragraph (A) or (B) of this subdivision;
6-20 and
6-21 (2) may waive its original jurisdiction and refer the
6-22 person <a child> to juvenile court if the person <child>:
6-23 (A) has not previously been convicted of a
6-24 misdemeanor punishable by fine only other than a traffic offense or
6-25 public intoxication or a violation of a penal ordinance of a
6-26 political subdivision other than a traffic offense; or
6-27 (B) has previously been convicted of fewer than
7-1 two misdemeanors punishable by fine only other than a traffic
7-2 offense or public intoxication or two violations of a penal
7-3 ordinance of a political subdivision other than a traffic offense.
7-4 (c) A court in which there is pending a complaint against a
7-5 person whose age is within limits described by Section 51.035
7-6 <child> alleging a violation of a misdemeanor offense punishable by
7-7 fine only other than a traffic offense or public intoxication or a
7-8 violation of a penal ordinance of a political subdivision other
7-9 than a traffic offense shall notify the juvenile court of the
7-10 county in which the court is located of the pending complaint and
7-11 shall furnish to the juvenile court a copy of the final disposition
7-12 of any matter for which the court does not waive its original
7-13 jurisdiction under Subsection (b) of this section.
7-14 SECTION 9. Section 51.09(b), Family Code, as amended by
7-15 Chapters 429 and 593, Acts of the 72nd Legislature, Regular
7-16 Session, 1991, is conformed to Chapter 557, Acts of the 72nd
7-17 Legislature, Regular Session, 1991, and amended to read as follows:
7-18 (b) Notwithstanding any of the provisions of Subsection (a)
7-19 of this section, the statement of a child is admissible in evidence
7-20 in any future proceeding concerning the matter about which the
7-21 statement was given if:
7-22 (1) when the child is in a detention facility or other
7-23 place of confinement or in the custody of an officer, the statement
7-24 is made in writing and the statement shows that the child has at
7-25 some time prior to the making thereof received from a law
7-26 enforcement officer <magistrate> a warning that:
7-27 (A) the child may remain silent and not make any
8-1 statement at all and that any statement that the child makes may be
8-2 used in evidence against the child;
8-3 (B) the child has the right to have an attorney
8-4 present to advise the child either prior to any questioning or
8-5 during the questioning;
8-6 (C) if the child is unable to employ an
8-7 attorney, the child has the right to have an attorney appointed to
8-8 counsel with the child prior to or during any interviews with peace
8-9 officers or attorneys representing the state;
8-10 (D) the child has the right to terminate the
8-11 interview at any time;
8-12 (E) if the child is 14 <15> years of age or
8-13 older at the time of the violation of a penal law of the grade of
8-14 felony the juvenile court may waive its jurisdiction and the child
8-15 may be tried as an adult;
8-16 (F) the child may be sentenced to commitment in
8-17 the Texas Youth Commission with a transfer to the institutional
8-18 division of the Texas Department of Criminal Justice for a term not
8-19 to exceed 40 years if the child is found to have engaged in
8-20 delinquent conduct, alleged in a petition approved by a grand jury,
8-21 that included:
8-22 (i) murder;
8-23 (ii) capital murder;
8-24 (iii) aggravated kidnapping;
8-25 (iv) sexual assault or aggravated sexual
8-26 assault;
8-27 (v) aggravated robbery;
9-1 (vi) aggravated assault that is punishable
9-2 under Section 22.02(b)(2), Penal Code (assault against a public
9-3 servant), or is defined by Section 22.02(a)(2), Penal Code (assault
9-4 using or exhibiting a deadly weapon) <deadly assault on a law
9-5 enforcement officer, corrections officer, court participant, or
9-6 probation personnel>; <or>
9-7 (vii) deadly conduct defined by Section
9-8 22.05(b), Penal Code (discharging firearm at persons or certain
9-9 objects);
9-10 (viii) manslaughter;
9-11 (ix) intoxication manslaughter;
9-12 (x) an offense that is a felony of the
9-13 first degree under Subchapter D, Chapter 481, Health and Safety
9-14 Code (certain offenses involving controlled substances);
9-15 (xi) solicitation of a person under 15
9-16 years of age to commit an offense listed in Section 53.045 of this
9-17 code; or
9-18 (xii) criminal attempt of an offense
9-19 listed under this subdivision <(vi) attempted capital murder>; and
9-20 (G) the statement must be signed in the presence
9-21 of a magistrate by the child with no law enforcement officer or
9-22 prosecuting attorney present, except that a magistrate may require
9-23 a bailiff or a law enforcement officer if a bailiff is not
9-24 available to be present if the magistrate determines that the
9-25 presence of the bailiff or law enforcement officer is necessary for
9-26 the personal safety of the magistrate or other court personnel,
9-27 provided that the bailiff or law enforcement officer may not carry
10-1 a weapon in the presence of the child. The magistrate must be
10-2 fully convinced that the child understands the nature and contents
10-3 of the statement and that the child is signing the same
10-4 voluntarily. If such a statement is taken, the magistrate shall
10-5 sign a written statement verifying the foregoing requisites have
10-6 been met.
10-7 The child must knowingly, intelligently, and voluntarily
10-8 waive these rights prior to and during the making of the statement
10-9 and sign the statement in the presence of a magistrate who must
10-10 certify that he has examined the child independent of any law
10-11 enforcement officer or prosecuting attorney, except as required to
10-12 ensure the personal safety of the magistrate or other court
10-13 personnel, and has determined that the child understands the nature
10-14 and contents of the statement and has knowingly, intelligently, and
10-15 voluntarily waived these rights.
10-16 (2) it be made orally and the child makes a statement
10-17 of facts or circumstances that are found to be true, which conduct
10-18 tends to establish his guilt, such as the finding of secreted or
10-19 stolen property, or the instrument with which he states the offense
10-20 was committed.
10-21 (3) the statement was res gestae of the delinquent
10-22 conduct or the conduct indicating a need for supervision or of the
10-23 arrest.
10-24 SECTION 10. Section 51.09(c), Family Code, as amended by
10-25 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
10-26 Session, 1991, is reenacted to read as follows:
10-27 (c) A warning under Subsection (b)(1)(E) or Subsection
11-1 (b)(1)(F) of this section is required only when applicable to the
11-2 facts of the case. A failure to warn a child under Subsection
11-3 (b)(1)(E) of this section does not render a statement made by the
11-4 child inadmissible unless the child is transferred to a criminal
11-5 district court under Section 54.02 of this code. A failure to warn
11-6 a child under Subsection (b)(1)(F) of this section does not render
11-7 a statement made by the child inadmissible unless the state
11-8 proceeds against the child on a petition approved by a grand jury
11-9 under Section 53.045 of this code.
11-10 SECTION 11. Sections 51.10(a), (c), and (i), Family Code,
11-11 are amended to read as follows:
11-12 (a) A child may be represented by an attorney at every stage
11-13 of proceedings under this title, including:
11-14 (1) the detention hearing required by Section 54.01 of
11-15 this code;
11-16 (2) the hearing to consider transfer to criminal court
11-17 required by Section 54.02 of this code;
11-18 (3) the adjudication hearing required by Section 54.03
11-19 of this code;
11-20 (4) the disposition hearing required by Section 54.04
11-21 of this code;
11-22 (5) the hearing to modify disposition required by
11-23 Section 54.05 of this code;
11-24 (6) hearings required by Chapter 55 of this code;
11-25 (7) habeas corpus proceedings challenging the legality
11-26 of detention resulting from action under this title; and
11-27 (8) proceedings in a court of <civil> appeals, <or>
12-1 the Texas Supreme Court, or the Court of Criminal Appeals reviewing
12-2 proceedings under this title.
12-3 (c) If the child was not represented by an attorney at the
12-4 detention hearing required by Section 54.01 of this code and a
12-5 determination was made to detain the child, the child shall
12-6 immediately be entitled to representation by an attorney. The
12-7 court shall <may> order the retention of an attorney according to
12-8 Subsection (d) <Section 51.10(d) of this code> or appoint an
12-9 attorney according to Subsection (f) <Section 51.10(f) of this
12-10 code>.
12-11 (i) Except as provided in Subsection (d) of this section, an
12-12 attorney appointed under this section to represent the interests of
12-13 a child shall be paid from the general fund of the county in which
12-14 the proceedings were instituted according to the schedule in
12-15 Article 26.05 of the Texas Code of Criminal Procedure, 1965. For
12-16 this purpose, a bona fide appeal to a court of <civil> appeals or
12-17 proceedings on the merits in the Texas Supreme Court under Chapter
12-18 55 of this code are considered the equivalent of a bona fide appeal
12-19 to the Texas Court of Criminal Appeals.
12-20 SECTION 12. Section 51.12, Family Code, is amended by
12-21 amending Subsections (a) and (d) and adding Subsections (f) and (g)
12-22 to read as follows:
12-23 (a) A person under the jurisdiction of the juvenile court
12-24 and a person over whom the juvenile court does not have
12-25 jurisdiction because of a waiver under Section 54.021 <Except after
12-26 transfer to criminal court for prosecution under Section 54.02 of
12-27 this code, a child> shall not be detained in or committed to a
13-1 compartment of a jail or lockup in which adults arrested for,
13-2 charged with, or convicted of crime are detained or committed, nor
13-3 be permitted contact with such persons except:
13-4 (1) as provided by Subsection (f);
13-5 (2) after transfer to criminal court for prosecution
13-6 under Section 54.02;
13-7 (3) pending transfer to criminal court for prosecution
13-8 under Section 54.02 if the person is 17 years of age or older; or
13-9 (4) a person 17 years of age or older who is the
13-10 subject of a Texas Youth Commission directive to apprehend.
13-11 (d) No person under the jurisdiction of the juvenile court
13-12 or a person over whom the juvenile court does not have jurisdiction
13-13 because of a waiver under Section 54.021 <child> shall be placed in
13-14 a facility that has not been certified under Subsection (c) of this
13-15 section as suitable for the detention of children. A person
13-16 <child> detained in violation of this subsection is <a facility
13-17 that has not been certified under Subsection (c) of this section as
13-18 suitable for the detention of children shall be> entitled to
13-19 immediate release from custody in that facility. Detention of a
13-20 person under the conditions provided by Subsection (f) of this
13-21 section is suitable without regard to certification under
13-22 Subsection (c) of this section.
13-23 (f) A person under the jurisdiction of the juvenile court or
13-24 a person over whom the juvenile court does not have jurisdiction
13-25 because of a waiver under Section 54.021 may be detained in or
13-26 committed to a compartment of a jail or lockup in which adults
13-27 arrested for, charged with, or convicted of crime are detained or
14-1 committed if:
14-2 (1) the person is separated visually and auditorily
14-3 from the adults;
14-4 (2) supervision for the person is separate from
14-5 supervision for the adults; and
14-6 (3) the detention complies with federal guidelines.
14-7 (g) Notwithstanding any other provision of this section, a
14-8 child detained under this title by an order of the juvenile court
14-9 may not be housed in the same facility as a child who is placed at
14-10 the facility for the child's own protection and not as a result of
14-11 an order of the court unless there is visual and auditory
14-12 separation.
14-13 SECTION 13. Section 51.13, Family Code, is amended by
14-14 amending Subsection (a) and adding Subsection (d) to read as
14-15 follows:
14-16 (a) Except as provided by Subsection (d), an <An> order of
14-17 adjudication or disposition in a proceeding under this title is not
14-18 a conviction of crime, and does not impose any civil disability
14-19 ordinarily resulting from a conviction or operate to disqualify the
14-20 child in any civil service application or appointment.
14-21 (d) For purposes of Sections 12.42(a)-(c) and (e), Penal
14-22 Code, each of the following is a final felony conviction:
14-23 (1) an adjudication under Section 54.04 that a child
14-24 engaged in conduct that constitutes a felony offense; and
14-25 (2) participation by a child in a progressive
14-26 sanctions program under Section 53.013 for engaging in conduct that
14-27 constitutes a felony offense.
15-1 SECTION 14. Section 51.17, Family Code, is amended to read
15-2 as follows:
15-3 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
15-4 burden of proof to be borne by the state in adjudicating a child to
15-5 be delinquent or in need of supervision under Section 54.03(f) or
15-6 otherwise when in conflict with a provision of this title, the
15-7 Texas Rules of Civil Procedure govern proceedings under this title.
15-8 <Particular reference is made to the burden of proof to be borne by
15-9 the state in adjudicating a child to be delinquent or in need of
15-10 supervision (Section 54.03(f)).>
15-11 (b) Discovery in a proceeding under this title is governed
15-12 by the Texas Rules of Criminal Procedure.
15-13 (c) Except as otherwise provided by this title, the Texas
15-14 Rules of Criminal Evidence apply in a judicial proceeding under
15-15 this title.
15-16 SECTION 15. Section 52.01(a), Family Code, is amended to
15-17 read as follows:
15-18 (a) A child may be taken into custody:
15-19 (1) pursuant to an order of the juvenile court under
15-20 the provisions of this subtitle;
15-21 (2) pursuant to the laws of arrest;
15-22 (3) by a law-enforcement officer, including a school
15-23 district peace officer commissioned under Section 21.483, Education
15-24 Code, if there is probable cause <are reasonable grounds> to
15-25 believe that the child has engaged in:
15-26 (A) conduct that violates a penal law of this
15-27 state or a penal ordinance of any political subdivision of this
16-1 state; or
16-2 (B) delinquent conduct or conduct indicating a
16-3 need for supervision; <or>
16-4 (4) by a probation officer if there is probable cause
16-5 <are reasonable grounds> to believe that the child has violated a
16-6 condition of probation imposed by the juvenile court; or
16-7 (5) pursuant to a directive to apprehend issued as
16-8 provided by Section 52.015.
16-9 SECTION 16. Chapter 52, Family Code, is amended by adding
16-10 Section 52.015 to read as follows:
16-11 Sec. 52.015. DIRECTIVE TO APPREHEND. (a) On the request of
16-12 a law-enforcement or probation officer, a juvenile court may issue
16-13 a directive to apprehend a child if the court finds there is
16-14 probable cause to take the child into custody under the provisions
16-15 of this title.
16-16 (b) On the issuance of a directive to apprehend, the
16-17 law-enforcement or probation officer requesting the directive shall
16-18 take the child into custody.
16-19 (c) An order under this section is not subject to appeal.
16-20 SECTION 17. Section 52.025, Family Code, is amended by
16-21 amending Subsection (a) and adding Subsection (e) to read as
16-22 follows:
16-23 (a) The juvenile court may designate an office or a room,
16-24 which may be located in a police facility or sheriff's offices, as
16-25 the juvenile processing office for the temporary detention of a
16-26 child taken into custody under Section 52.01 of this code. The
16-27 office may not be a cell or holding facility used for the detention
17-1 of an adult <detentions other than detentions under this section>.
17-2 The juvenile court by written order may prescribe the conditions of
17-3 the designation and limit the activities that may occur in the
17-4 office during the temporary detention.
17-5 (e) Notwithstanding any other provision of this section, a
17-6 child may be processed at any facility that is regularly used to
17-7 process adult criminal offenders if:
17-8 (1) the juvenile court has not made a designation
17-9 under Subsection (a) or the court has made a designation but the
17-10 child cannot be processed within six hours at the designated
17-11 facility;
17-12 (2) the child is visually and auditorily separated
17-13 from any adult criminal offender at the facility; and
17-14 (3) the child is supervised by a staff separate from
17-15 the staff that supervises adult criminal offenders.
17-16 SECTION 18. Sections 53.01(a) and (b), Family Code, are
17-17 amended to read as follows:
17-18 (a) On referral of a person presumed to be a child or on
17-19 referral of the person's <a child's> case to the office or official
17-20 designated by the juvenile court, the intake officer, probation
17-21 officer, or other person authorized by the court shall conduct a
17-22 preliminary investigation to determine whether:
17-23 (1) the person referred to juvenile court is a child
17-24 within the meaning of this title; and
17-25 (2) there is probable cause to believe the person
17-26 <child> engaged in delinquent conduct or conduct indicating a need
17-27 for supervision<; and>
18-1 <(3) further proceedings in the case are in the
18-2 interest of the child or the public>.
18-3 (b) If it is determined that the person is not a child<,> or
18-4 there is no probable cause, <or further proceedings are not
18-5 warranted,> the person <child> shall immediately be released and
18-6 all proceedings terminated.
18-7 SECTION 19. Chapter 53, Family Code, is amended by adding
18-8 Sections 53.011-53.013 to read as follows:
18-9 Sec. 53.011. DISPOSITION OF CHILD FOR WHOM PROBABLE CAUSE
18-10 EXISTS. If a determination under Section 53.01 is that the person
18-11 referred is a child and that there is probable cause to believe the
18-12 child engaged in delinquent conduct or conduct indicating a need
18-13 for supervision, the child shall be referred to the prosecuting
18-14 attorney or assigned to a progressive sanctions program as provided
18-15 by Section 53.012.
18-16 Sec. 53.012. REFERRAL OF CHILD; REVIEW BY PROSECUTOR. (a)
18-17 A child who is alleged to have engaged in delinquent conduct that
18-18 constitutes a felony offense shall be promptly referred to the
18-19 prosecuting attorney together with:
18-20 (1) each document relating to the referral; and
18-21 (2) a summary description of each previous referral of
18-22 the child to a juvenile court, juvenile probation department, or
18-23 juvenile detention facility.
18-24 (b) A child who is alleged to have engaged in delinquent
18-25 conduct that constitutes a misdemeanor offense or conduct
18-26 indicating a need for supervision shall be promptly:
18-27 (1) referred to the prosecuting attorney together with
19-1 the documents required by Subsection (a); or
19-2 (2) assigned to an approved progressive sanctions
19-3 program under Section 53.013.
19-4 (c) The prosecuting attorney shall promptly review the
19-5 circumstances and allegations of each referral under this section
19-6 to the prosecuting attorney for legal sufficiency and the
19-7 desirability of prosecution.
19-8 (d) If the prosecuting attorney does not file a petition
19-9 against a child referred to the prosecuting attorney, the
19-10 prosecuting attorney shall:
19-11 (1) terminate all proceedings, if the reason for not
19-12 filing a petition is lack of probable cause or if an approved
19-13 progressive sanctions program is not available; or
19-14 (2) return the referral to the probation department
19-15 for assignment to an approved progressive sanctions program under
19-16 Section 53.013.
19-17 (e) The juvenile probation department shall promptly refer a
19-18 child who has been assigned to the progressive sanctions program
19-19 and who fails or refuses to participate in the program to the
19-20 prosecuting attorney for review of the child's case and
19-21 determination of whether to file a petition.
19-22 Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. (a) Each
19-23 juvenile probation department shall adopt a progressive sanctions
19-24 program.
19-25 (b) The purpose of a progressive sanctions program is to
19-26 give promptly to each child referred to a juvenile court, juvenile
19-27 probation department, or juvenile detention facility and assigned
20-1 to the program an appropriate sanction that provides for:
20-2 (1) accountability to the victim of the child's
20-3 conduct and to society;
20-4 (2) education and treatment of the child; and
20-5 (3) in appropriate cases, deferred adjudication.
20-6 (c) A progressive sanctions program must include:
20-7 (1) deferred adjudication as provided by Section
20-8 53.03; and
20-9 (2) a progressive increase in the type and severity of
20-10 the sanction imposed for each subsequent referral of a child.
20-11 (d) The Texas Juvenile Probation Commission shall adopt
20-12 minimum standards for progressive sanctions programs.
20-13 (e) A progressive sanctions program adopted by a juvenile
20-14 board may not take effect until it is approved by the Texas
20-15 Juvenile Probation Commission. The board shall revise the program
20-16 annually, subject to approval by the commission. The commission
20-17 shall monitor the operation of a program it has approved to ensure
20-18 that the operation complies with the approved program.
20-19 (f) The Texas Juvenile Probation Commission shall:
20-20 (1) provide grants to juvenile boards to defray all or
20-21 part of the cost for the operation of the progressive sanctions
20-22 programs the commission has approved from funds appropriated for
20-23 that purpose; and
20-24 (2) terminate or reduce the state aid to a juvenile
20-25 probation department that does not comply with this section.
20-26 (g) Before September 1, 1996, each juvenile probation
20-27 department must adopt and have approved by the Texas Juvenile
21-1 Probation Commission the department's progressive sanctions
21-2 program. The initial progressive sanctions program developed by a
21-3 juvenile board under this section shall address the appropriate
21-4 response for each major category of cases that were referred to the
21-5 probation department from September 1, 1994, through August 31,
21-6 1995, and processed by counseling and release or intake conference
21-7 and adjustment. This subsection expires September 1, 1996.
21-8 SECTION 20. Section 53.02, Family Code, is amended by
21-9 amending Subsection (b) and adding Subsection (d) to read as
21-10 follows:
21-11 (b) A child taken into custody may be detained prior to
21-12 hearing on the petition only if:
21-13 (1) he is likely to abscond or be removed from the
21-14 jurisdiction of the court;
21-15 (2) suitable supervision, care, or protection for him
21-16 is not being provided by a parent, guardian, custodian, or other
21-17 person;
21-18 (3) he has no parent, guardian, custodian, or other
21-19 person able to return him to the court when required;
21-20 (4) he <is accused of committing a felony offense and>
21-21 may be dangerous to himself or threaten the safety of the public
21-22 <others> if released; or
21-23 (5) he has previously been found to be a delinquent
21-24 child or has previously been convicted of a penal offense
21-25 punishable by a term in jail or prison and is likely to commit an
21-26 offense if released.
21-27 (d) A release of a child to an adult under Subsection (a)
22-1 must be conditioned on the agreement of the adult to be subject to
22-2 the jurisdiction of the juvenile court and to an order of contempt
22-3 by the court if the adult, after notification, is unable to produce
22-4 the child at later proceedings.
22-5 SECTION 21. Section 53.03, Family Code, is amended to read
22-6 as follows:
22-7 Sec. 53.03. DEFERRED ADJUDICATION <INTAKE CONFERENCE AND
22-8 ADJUSTMENT>. (a) Subject to Subsection (f), if <If> the
22-9 preliminary investigation required by Section 53.01 of this code
22-10 results in a determination that further proceedings in the case are
22-11 authorized <and warranted>, the probation officer or other
22-12 designated officer of the court, subject to the direction of the
22-13 juvenile court, may advise the parties for a reasonable period of
22-14 time not to exceed six months concerning deferred adjudication <an
22-15 informal adjustment> and <voluntary> rehabilitation of a child if:
22-16 (1) deferred adjudication <advice without a court
22-17 hearing> would be in the interest of the public and the child;
22-18 (2) the child and his parent, guardian, or custodian
22-19 consent with knowledge that consent is not obligatory; and
22-20 (3) the child and his parent, guardian, or custodian
22-21 are informed that they may terminate the deferred adjudication
22-22 <adjustment process> at any point and petition the court for a
22-23 court hearing in the case.
22-24 (b) Except as otherwise permitted by this title, the child
22-25 may not be detained during or as a result of the deferred
22-26 adjudication <adjustment> process.
22-27 (c) An incriminating statement made by a participant to the
23-1 person giving advice and in the discussions or conferences incident
23-2 thereto may not be used against the declarant in any court hearing.
23-3 (d) A deferred adjudication <An informal adjustment>
23-4 authorized by this section shall <may> involve:
23-5 (1) <voluntary> restitution by the child or his parent
23-6 to the victim of an offense if there is a victim of the offense;
23-7 <or>
23-8 (2) <voluntary> community service restitution by the
23-9 child; and
23-10 (3) if applicable, participation by the child in
23-11 substance abuse programs.
23-12 (e) The court may adopt a fee schedule for deferred
23-13 adjudication <informal adjustment> services and rules for the
23-14 waiver of a fee for financial hardship in accordance with
23-15 guidelines that the Texas Juvenile Probation Commission shall
23-16 provide. The maximum fee is $15 a month. If the court adopts a
23-17 schedule and rules for waiver, the probation officer or other
23-18 designated officer of the court shall collect the fee authorized by
23-19 the schedule from the parent, guardian, or custodian of a child for
23-20 whom a deferred adjudication <an informal adjustment> is authorized
23-21 under this section or waive the fee in accordance with the rules
23-22 adopted by the court. The officer shall deposit the fees received
23-23 under this section in the county treasury to the credit of a
23-24 special fund that may be used only for juvenile probation or
23-25 community-based juvenile corrections services or facilities in
23-26 which a juvenile may be required to live while under court
23-27 supervision. If the court does not adopt a schedule and rules for
24-1 waiver, a fee for deferred adjudication <informal adjustment>
24-2 services may not be imposed.
24-3 (f) A child is not eligible for deferred adjudication under
24-4 this section if:
24-5 (1) there is probable cause to believe that the child
24-6 has engaged in conduct that constitutes a felony;
24-7 (2) there is probable cause to believe that the child
24-8 has engaged in conduct that constitutes an offense listed under
24-9 Chapter 46, Penal Code; or
24-10 (3) the child has on three previous occasions engaged
24-11 in conduct that violates a penal law of this state.
24-12 (g) The probation officer or other officer designated by the
24-13 court supervising a program of deferred adjudication for a child
24-14 under this section shall report to the juvenile court any violation
24-15 by the child of the program.
24-16 SECTION 22. Sections 53.045(a) and (e), Family Code, are
24-17 amended to read as follows:
24-18 (a) Except as provided by Subsection (e) of this section,
24-19 the prosecuting attorney may refer the petition to the grand jury
24-20 of the county in which the court in which the petition is filed
24-21 presides if the petition alleges that the child engaged in
24-22 delinquent conduct that included the violation of any of the
24-23 following provisions <of the Penal Code>:
24-24 (1) Section 19.02, Penal Code (murder);
24-25 (2) Section 19.03, Penal Code (capital murder);
24-26 (3) Section 20.04, Penal Code (aggravated kidnapping);
24-27 (4) Section 22.011, Penal Code (sexual assault) or
25-1 Section 22.021, Penal Code (aggravated sexual assault);
25-2 (5) Section 22.02(b)(2), Penal Code (aggravated
25-3 assault against a public servant) <22.03 (deadly assault on a law
25-4 enforcement officer, corrections officer, or court participant)>;
25-5 <or>
25-6 (6) Section 29.03, Penal Code (aggravated robbery);
25-7 (7) Section 22.02(a)(2), Penal Code (aggravated
25-8 assault using or exhibiting a deadly weapon);
25-9 (8) Section 22.05(b), Penal Code (felony deadly
25-10 conduct involving discharging a firearm);
25-11 (9) Section 19.04, Penal Code (manslaughter);
25-12 (10) Section 49.08, Penal Code (intoxication
25-13 manslaughter);
25-14 (11) Subchapter D, Chapter 481, Health and Safety
25-15 Code, if the conduct constitutes a felony of the first degree under
25-16 that chapter (certain offenses involving controlled substances);
25-17 (12) solicitation of a person under 15 years of age to
25-18 commit an offense listed in or described by this subsection; or
25-19 (13) Section 15.01, Penal Code (criminal attempt), if
25-20 the offense attempted was an offense listed under this subsection
25-21 <Section 19.03 (capital murder)>.
25-22 (e) The prosecuting attorney may not refer a petition that
25-23 alleges the child engaged in conduct that violated:
25-24 (1) Sections 22.021(a)(1)(B) and (2)(B), Penal Code,
25-25 unless the child is more than two years older than the victim of
25-26 the conduct; or
25-27 (2) Section 21.11, Penal Code, unless the child is
26-1 more than three years older than the victim at the time of the
26-2 conduct.
26-3 SECTION 23. Section 53.05(b), Family Code, is amended to
26-4 read as follows:
26-5 (b) The time set for the hearing shall not be later than 30
26-6 <10> days after the day the petition was filed if:
26-7 (1) the child is in detention; or
26-8 (2) the child will be taken into custody under Section
26-9 53.06(d) of this code.
26-10 SECTION 24. Section 53.06, Family Code, is amended by adding
26-11 Subsection (f) to read as follows:
26-12 (f) A summons under this section satisfies the requirement
26-13 for notice under Section 53.01 if that notice has not been given.
26-14 SECTION 25. Chapter 53, Family Code, is amended by adding
26-15 Section 53.08 to read as follows:
26-16 Sec. 53.08. WRIT OF ATTACHMENT. (a) The juvenile court may
26-17 issue a writ of attachment for a person who violates an order
26-18 entered under Section 53.06(c).
26-19 (b) A writ of attachment issued under this section is
26-20 executed in the same manner as in a criminal proceeding as provided
26-21 by Chapter 24, Code of Criminal Procedure.
26-22 SECTION 26. Section 54.01, Family Code, is amended by
26-23 amending Subsections (h) and (l) and adding Subsection (n) to read
26-24 as follows:
26-25 (h) A detention order extends to the conclusion of the
26-26 disposition hearing, if there is one, but in no event for more than
26-27 30 <10> days. Further detention orders may be made following
27-1 subsequent detention hearings. The initial detention hearing may
27-2 not be waived but subsequent <Subsequent> detention hearings may be
27-3 waived in accordance with the requirements of Section 51.09 of this
27-4 code. Each subsequent<, but each> detention order shall extend for
27-5 no more than 30 <10> days.
27-6 (l) The juvenile board or, if there is none, the juvenile
27-7 court, may appoint a referee to conduct the detention hearing. The
27-8 referee shall be an attorney licensed to practice law in this
27-9 state. Such payment or additional payment as may be warranted for
27-10 referee services shall be provided from county funds. Before
27-11 commencing the detention hearing, the referee shall inform the
27-12 parties who have appeared that they are entitled to have the
27-13 hearing before the juvenile court judge or a substitute judge
27-14 authorized by Section 51.04(f) of this code. If a party objects to
27-15 the referee conducting the detention hearing, an authorized judge
27-16 shall conduct the hearing within 24 hours. At the conclusion of
27-17 the hearing, the referee shall transmit written findings and
27-18 recommendations to the juvenile court judge or substitute judge.
27-19 The juvenile court judge or substitute judge shall adopt, modify,
27-20 or reject the referee's recommendations not later than the next
27-21 working day after the day that the judge receives the
27-22 recommendations <within 24 hours>. Failure to act within that time
27-23 results in release of the child by operation of law. A
27-24 recommendation that the child be released operates to secure his
27-25 immediate release, subject to the power of the juvenile court judge
27-26 or substitute judge to reject or modify that recommendation. The
27-27 effect of an order detaining a child shall be computed from the
28-1 time of the hearing before the referee.
28-2 (n) An attorney appointed by the court under Section
28-3 51.10(c) because a determination was made under this section to
28-4 detain a child who was not represented by an attorney may request
28-5 on behalf of the child and is entitled to a de novo detention
28-6 hearing under this section.
28-7 SECTION 27. Sections 54.02(a), (g), (h), (i), and (j),
28-8 Family Code, are amended to read as follows:
28-9 (a) The juvenile court may waive its exclusive original
28-10 jurisdiction and transfer a child to the appropriate district court
28-11 or criminal district court for criminal proceedings if:
28-12 (1) the child is alleged to have violated a penal law
28-13 of the grade of felony;
28-14 (2) the child was 14 <15> years of age or older at the
28-15 time he is alleged to have committed the offense and no
28-16 adjudication hearing has been conducted concerning that offense;
28-17 and
28-18 (3) after full investigation and hearing the juvenile
28-19 court determines that there is probable cause to believe that the
28-20 child before the court committed the offense alleged and that
28-21 because of the seriousness of the offense or the background of the
28-22 child the welfare of the community requires criminal proceedings.
28-23 (g) If the petition alleges multiple offenses that
28-24 constitute more than one criminal transaction, the juvenile court
28-25 shall either retain or transfer all offenses relating to a single
28-26 transaction. A <juvenile court retains jurisdiction, the> child
28-27 is not subject to criminal prosecution at any time for any offense
29-1 arising out of a criminal transaction for which the juvenile court
29-2 retains jurisdiction <alleged in the petition or for any offense
29-3 within the knowledge of the juvenile court judge as evidenced by
29-4 anything in the record of the proceedings>.
29-5 (h) If the juvenile court waives jurisdiction, it shall
29-6 state specifically in the order its reasons for waiver and certify
29-7 its action, including the written order and findings of the court,
29-8 and shall transfer the person <child> to the appropriate court for
29-9 criminal proceedings. On transfer of the person <child> for
29-10 criminal proceedings, the person <he> shall be dealt with as an
29-11 adult and in accordance with the Code of Criminal Procedure. The
29-12 transfer of custody is an arrest. <The court to which the child is
29-13 transferred shall determine if good cause exists for an examining
29-14 trial. If there is no good cause for an examining trial, the court
29-15 shall refer the case to the grand jury. If there is good cause for
29-16 an examining trial, the court shall conduct an examining trial and
29-17 may remand the child to the jurisdiction of the juvenile court.>
29-18 (i) A waiver under this section is a waiver of jurisdiction
29-19 over the child and the criminal court may not remand the child to
29-20 the jurisdiction of the juvenile court. <If the child's case is
29-21 brought to the attention of the grand jury and the grand jury does
29-22 not indict for the offense charged in the complaint forwarded by
29-23 the juvenile court, the district court or criminal district court
29-24 shall certify the grand jury's failure to indict to the juvenile
29-25 court. On receipt of the certification, the juvenile court may
29-26 resume jurisdiction of the case.>
29-27 (j) The juvenile court may waive its exclusive original
30-1 jurisdiction and transfer a person to the appropriate district
30-2 court or criminal district court for criminal proceedings if:
30-3 (1) the person is 18 years of age or older;
30-4 (2) the person was 14 <15> years of age or older and
30-5 under 17 years of age at the time he is alleged to have committed a
30-6 felony;
30-7 (3) no adjudication concerning the alleged offense has
30-8 been made or no adjudication hearing concerning the offense has
30-9 been conducted;
30-10 (4) the juvenile court finds from a preponderance of
30-11 the evidence that:
30-12 (A) for a reason beyond the control of the state
30-13 it was not practicable to proceed in juvenile court before the 18th
30-14 birthday of the person; or
30-15 (B) after due diligence of the state it was not
30-16 practicable to proceed in juvenile court before the 18th birthday
30-17 of the person because:
30-18 (i) <(A)> the state did not have probable
30-19 cause to proceed in juvenile court and new evidence has been found
30-20 since the 18th birthday of the person; <or>
30-21 (ii) <(B)> the person could not be found;
30-22 or
30-23 (iii) a previous transfer order was
30-24 reversed by an appellate court or set aside by a district court;
30-25 and
30-26 (5) the juvenile court determines that there is
30-27 probable cause to believe that the child before the court committed
31-1 the offense alleged.
31-2 SECTION 28. Section 54.021, Family Code, is amended to read
31-3 as follows:
31-4 Sec. 54.021. JUSTICE OR MUNICIPAL COURT: TRUANCY. (a) The
31-5 juvenile court may waive its exclusive original jurisdiction and
31-6 transfer a child to an appropriate justice or municipal court, with
31-7 the permission of the justice or municipal court, for disposition
31-8 in the manner provided by Subsection (b) of this section if the
31-9 child is alleged to have engaged in conduct described in Section
31-10 51.03(b)(2) of this code. A waiver of jurisdiction under this
31-11 subsection may be for an individual case or for all cases in which
31-12 a child is alleged to have engaged in conduct described in Section
31-13 51.03(b)(2) of this code. The waiver of a juvenile court's
31-14 exclusive original jurisdiction for all cases in which a child is
31-15 alleged to have engaged in conduct described in Section 51.03(b)(2)
31-16 of this code is effective for a period of one year.
31-17 (b) A justice or municipal court may exercise jurisdiction
31-18 over a person <child> alleged to have engaged in conduct indicating
31-19 a need for supervision by engaging in conduct described in Section
31-20 51.03(b)(2) in a case where the juvenile court has waived its
31-21 original jurisdiction under this section. A justice or municipal
31-22 court may exercise jurisdiction under this section without regard
31-23 to whether the justice of the peace or municipal judge for the
31-24 court is a licensed attorney or the hearing for a case is before a
31-25 jury consisting of six persons.
31-26 (c) On a finding that a person <child> has engaged in
31-27 conduct described by Section 51.03(b)(2), the justice or municipal
32-1 court shall enter an order appropriate to the nature of the
32-2 conduct.
32-3 (d) On a finding by the justice or municipal court that the
32-4 person <child> has engaged in truant conduct and that the conduct
32-5 is of a recurrent nature, the court may enter an order that
32-6 includes one or more of the following provisions requiring that:
32-7 (1) the person <child> attend a preparatory class for
32-8 the high school equivalency examination provided under Section
32-9 11.35, Education Code, if the court determines that the person
32-10 <child> is too old to do well in a formal classroom environment;
32-11 (2) the person <child> attend a special program that
32-12 the court determines to be in the best interests of the person
32-13 <child>, including an alcohol and drug abuse program;
32-14 (3) the person <child> and the person's <child's>
32-15 parents, managing conservator, or guardian attend a class for
32-16 students at risk of dropping out of school designed for both the
32-17 person <child> and the person's <child's> parents, managing
32-18 conservator, or guardian;
32-19 (4) the person <child> complete reasonable community
32-20 service requirements;
32-21 (5) the person's <child's> driver's license be
32-22 suspended in the manner provided by Section 54.042 of this code;
32-23 (6) the person <child> attend school without unexcused
32-24 absences; or
32-25 (7) the person <child> participate in a tutorial
32-26 program provided by the school attended by the person <child> in
32-27 the academic subjects in which the person <child> is enrolled for a
33-1 total number of hours ordered by the court.
33-2 (e) An order under Subsection (d) of this section is
33-3 enforceable in the justice or municipal court by contempt.
33-4 (f) A school attendance officer may refer a person <child>
33-5 alleged to have engaged in conduct described in Section 51.03(b)(2)
33-6 of this code to the justice court in the precinct where the person
33-7 <child> resides or in the precinct where the person's <child's>
33-8 school is located if the juvenile court having exclusive original
33-9 jurisdiction has waived its jurisdiction as provided by Subsection
33-10 (a) of this section for all cases involving conduct described by
33-11 Section 51.03(b)(2) of this code.
33-12 (g) A court having jurisdiction under this section shall
33-13 endorse on the summons issued to the parent, guardian, or custodian
33-14 of the person <child> who is the subject of the hearing an order
33-15 directing the parent, guardian, or custodian to appear personally
33-16 at the hearing and directing the person having custody of the
33-17 person <child> to bring the person <child> to the hearing.
33-18 (h) A person commits an offense if the person is a parent,
33-19 guardian, or custodian who fails to attend a hearing under this
33-20 section after receiving notice under Subsection (g) of this section
33-21 that the person's attendance was required. An offense under this
33-22 subsection is a Class C misdemeanor.
33-23 SECTION 29. Sections 54.03(b) and (d), Family Code, are
33-24 amended to read as follows:
33-25 (b) At the beginning of the adjudication hearing, the
33-26 juvenile court judge shall provide a written explanation <explain>
33-27 to the child and his parent, guardian, or guardian ad litem of:
34-1 (1) the allegations made against the child;
34-2 (2) the nature and possible consequences of the
34-3 proceedings, including the law relating to the admissibility of the
34-4 record of a juvenile court adjudication in a criminal proceeding;
34-5 (3) the child's privilege against self-incrimination;
34-6 (4) the child's right to trial and to confrontation of
34-7 witnesses;
34-8 (5) the child's right to representation by an attorney
34-9 if he is not already represented; and
34-10 (6) the child's right to trial by jury.
34-11 (d) Except as provided by Section 54.031 of this chapter,
34-12 only material, relevant, and competent evidence in accordance with
34-13 the Texas Rules of Criminal Evidence <requirements for the trial of
34-14 civil cases> may be considered in the adjudication hearing. Except
34-15 in a detention or discretionary transfer hearing, a social history
34-16 report or social service file shall not be viewed by the court
34-17 before the adjudication decision and shall not be viewed by the
34-18 jury at any time.
34-19 SECTION 30. Section 54.04, Family Code, is amended by
34-20 amending Subsections (e) and (k) and adding Subsections (m) and (n)
34-21 to read as follows:
34-22 (e) The Texas Youth Commission shall accept a person <child>
34-23 properly committed to it by a juvenile court even though the person
34-24 <child> may be 17 years of age or older at the time of commitment.
34-25 (k) The period to which a court or jury may sentence a
34-26 person <child> to commitment to the Texas Youth Commission with a
34-27 transfer to the Texas Department of Criminal Justice under
35-1 Subsection (d)(3) of this section applies without regard to whether
35-2 the person <child> has previously been adjudicated as having
35-3 engaged in delinquent conduct.
35-4 (m) The court or jury may not sentence a child under
35-5 Subsection (d)(3) to commitment in the Texas Youth Commission with
35-6 a transfer to the institutional division of the Texas Department of
35-7 Criminal Justice for a term of years that exceeds the maximum
35-8 sentence that an adult could receive if convicted of a penal
35-9 offense for engaging in the same conduct as the child.
35-10 (n) If the court determines from the evidence presented at
35-11 the disposition hearing under this section that the child has used
35-12 a controlled substance, hazardous inhalable substances, or alcohol
35-13 habitually or that the use of the substance or alcohol contributed
35-14 to the child's engaging in the conduct, the court may not place the
35-15 child on probation under Subsection (d) without requiring as a
35-16 condition of probation that the child complete a treatment program
35-17 for the habitual use or the contribution of the habitual use to the
35-18 child's conduct.
35-19 SECTION 31. Chapter 54, Family Code, is amended by adding
35-20 Section 54.0401 to read as follows:
35-21 Sec. 54.0401. FINDING OF ORGANIZED DELINQUENT ACTIVITY. (a)
35-22 At the disposition hearing, the juvenile court shall make an
35-23 affirmative finding of organized delinquent activity and enter the
35-24 finding in the disposition order if the court determines, by a
35-25 preponderance of the evidence, that the child:
35-26 (1) was part of a combination; and
35-27 (2) engaged in the conduct for which the child is
36-1 adjudicated with the intent to establish, maintain, or participate
36-2 in the combination or the profits of the combination.
36-3 (b) In this section, "combination" has the meaning assigned
36-4 by Section 71.01, Penal Code.
36-5 SECTION 32. Section 54.041, Family Code, is amended by
36-6 amending Subsections (b)-(e) and adding Subsection (i) to read as
36-7 follows:
36-8 (b) If a child is found to have engaged in delinquent
36-9 conduct or conduct indicating a need for supervision arising from
36-10 the commission of an offense in which property damage or loss or
36-11 personal injury occurred, the juvenile court, on notice to all
36-12 persons affected and on hearing, may order the child or a parent,
36-13 conservator, guardian, or other custodian of the child to make full
36-14 or partial restitution to the victim of the offense. The program
36-15 of restitution must promote the rehabilitation of the child, be
36-16 appropriate to the age and physical, emotional, and mental
36-17 abilities of the child, and not conflict with the child's
36-18 schooling. When practicable and subject to court supervision, the
36-19 court may approve a restitution program based on a settlement
36-20 between the child and the victim of the offense. An order under
36-21 this subsection may provide for periodic payments by the child or a
36-22 parent of the child for the period specified in the order but that
36-23 period may not extend past the 21st <18th> birthday of the child.
36-24 (c) If the child or parent is unable to make full or partial
36-25 restitution or if a restitution order is not appropriate under the
36-26 circumstances, the court may order the child to render personal
36-27 services to a charitable or educational institution in the manner
37-1 prescribed in the court order in lieu of restitution.
37-2 (d) Restitution under this section is cumulative of any
37-3 other remedy allowed by law and may be used in addition to other
37-4 remedies; except that a victim of an offense is not entitled to
37-5 receive more than actual damages under a juvenile court order.
37-6 (e) A city, town, or county that establishes a program to
37-7 assist children in rendering personal services to a charitable or
37-8 educational institution as authorized by this subsection may
37-9 purchase insurance policies protecting the city, town, or county
37-10 against claims brought by a person other than the child for a cause
37-11 of action that arises from an act of the child while rendering
37-12 those services. The city, town, or county is not liable under this
37-13 Act to the extent that damages are recoverable under a contract of
37-14 insurance or under a plan of self-insurance authorized by statute.
37-15 The liability of the city, town, or county for a cause of action
37-16 that arises from an action of the child while rendering those
37-17 services may not exceed $100,000 to a single person and $300,000
37-18 for a single occurrence in the case of personal injury or death,
37-19 and $10,000 for a single occurrence of property damage. Liability
37-20 may not extend to punitive or exemplary damages. This subsection
37-21 does not waive a defense, immunity, or jurisdictional bar available
37-22 to the city, town, or county or its officers or employees, nor
37-23 shall this Act be construed to waive, repeal, or modify any
37-24 provision of Chapter 101, Civil Practice and Remedies Code <the
37-25 Texas Tort Claims Act, as amended (Article 6252-19, Vernon's Texas
37-26 Civil Statutes)>.
37-27 (f) <(c)> A person subject to an order proposed under
38-1 Subsection (a) of this section is entitled to a hearing on the
38-2 order before the order is entered by the court.
38-3 (g) <(d)> An order made under this section may be enforced
38-4 as provided by Section 54.07 of this code.
38-5 (h) <(e)> If a child is found to have engaged in conduct
38-6 indicating a need for supervision described under Section
38-7 51.03(b)(2) of this code, the court may order the child's parents
38-8 or guardians to attend a class provided under Section 21.035(h),
38-9 Education Code, if the school district in which the child's parents
38-10 or guardians reside offers a class under that section.
38-11 (i) A juvenile court may, as provided by this section, order
38-12 a person for whom a finding has been made under Subsection (a)(1)
38-13 that the person by wilful act or omission contributed to, caused,
38-14 or encouraged the child's delinquent conduct or conduct indicating
38-15 a need for supervision to pay to the juvenile court as costs an
38-16 amount the court determines reasonably represents the cost of:
38-17 (1) all proceedings for the child through the court
38-18 system, including the remuneration of and expenses of law
38-19 enforcement personnel or court personnel and processing costs;
38-20 (2) the detention of the child; and
38-21 (3) the provision of treatment for the child.
38-22 SECTION 33. Sections 54.042(b), (d), and (e), Family Code,
38-23 are amended to read as follows:
38-24 (b) The order under Subsection (a)(1) of this section shall
38-25 specify a period of suspension or denial that is<:>
38-26 <(1)> until the child reaches the age of 19 <17> or
38-27 for a period of 365 days, whichever is longer<; or>
39-1 <(2) if the court finds that the child has engaged in
39-2 conduct violating the laws of this state prohibiting driving while
39-3 intoxicated, by reason of the introduction of alcohol into the
39-4 body, under Article 6701l-1, Revised Statutes, and also determines
39-5 that the child has previously been found to have engaged in conduct
39-6 violating the same laws, until the child reaches the age of 19 or
39-7 for a period of 365 days, whichever is longer>.
39-8 (d) A juvenile court, in a disposition hearing under Section
39-9 54.04 of this code, may order the Department of Public Safety to
39-10 suspend a child's driver's license or permit or, if the child does
39-11 not have a license or permit, to deny the issuance of a license or
39-12 permit to the child for a period not to exceed 12 <six> months if
39-13 the court finds that the child has engaged in conduct in need of
39-14 supervision or delinquent conduct other than the conduct described
39-15 by Subsection (a) of this section.
39-16 (e) A juvenile court that places a child on probation under
39-17 Section 54.04 of this code may require as a reasonable condition of
39-18 the probation that if the child violates the probation, the court
39-19 may order the Department of Public Safety to suspend the child's
39-20 driver's license or permit or, if the child does not have a license
39-21 or permit, to deny the issuance of a license or permit to the child
39-22 for a period not to exceed 12 <six> months. The court may make
39-23 this order if a child that is on probation under this condition
39-24 violates the probation. A suspension under this subsection is
39-25 cumulative of any other suspension under this section.
39-26 SECTION 34. Chapter 54, Family Code, is amended by adding
39-27 Sections 54.044 and 54.045 to read as follows:
40-1 Sec. 54.044. COMMUNITY SERVICE. (a) If the court places a
40-2 child on probation under Section 54.04(d), the court shall require
40-3 as a condition of probation that the child work a specified number
40-4 of hours at a community service project for an organization
40-5 approved by the court and designated by the juvenile probation
40-6 board unless the court determines and enters a finding on the order
40-7 placing the child on probation that:
40-8 (1) the child is physically or mentally incapable of
40-9 participating in the project;
40-10 (2) participating in the project will be a hardship on
40-11 the child or the family of the child; or
40-12 (3) the child has shown good cause that community
40-13 service should not be required.
40-14 (b) The court shall order that the child work the number of
40-15 hours at a community service project that the child would be
40-16 ordered to work if the child were an adult and subject to the
40-17 guidelines for community service under Section 16, Article 42.12,
40-18 Code of Criminal Procedure.
40-19 Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT. (a)
40-20 During a disposition hearing under Section 54.04, a child may:
40-21 (1) admit having engaged in delinquent conduct or
40-22 conduct indicating a need for supervision for which the child has
40-23 not been adjudicated; and
40-24 (2) request the court to take the admitted conduct
40-25 into account in the disposition of the child.
40-26 (b) If the prosecuting attorney agrees, the court may take
40-27 the admitted conduct into account in the disposition of the child.
41-1 (c) A court may take into account admitted conduct over
41-2 which exclusive venue lies in another county only if the court
41-3 obtains permission from the prosecuting attorney for that county.
41-4 (d) A child may not be adjudicated by any court for having
41-5 engaged in conduct taken into account under this section.
41-6 SECTION 35. Section 54.06, Family Code, as amended by
41-7 Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
41-8 Session, 1993, is amended by amending Subsection (c) and adding
41-9 Subsections (d), (e), and (f) to read as follows:
41-10 (c) A court may enforce an order for support under this
41-11 section by ordering garnishment of the wages of the person ordered
41-12 to pay support or by any other means available to enforce a child
41-13 support order under Title 2.
41-14 (d) An order <(c) Orders> for support may be enforced as
41-15 provided in Section 54.07 of this code.
41-16 (e) The court shall apply the child support guidelines under
41-17 Section 14.055 in an order requiring the payment of child support
41-18 under this section. The court shall also require in an order to
41-19 pay child support under this section that health insurance be
41-20 provided for the child. Section 14.061 applies to an order
41-21 requiring health insurance for a child under this section.
41-22 (f) An order under this section prevails over any previous
41-23 child support order issued with regard to the child to the extent
41-24 of any conflict between the orders.
41-25 SECTION 36. Section 54.08, Family Code, is amended to read
41-26 as follows:
41-27 Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
42-1 provided by Subsection (b), the court shall open <Except for any
42-2 hearing on a petition that has been approved by the grand jury
42-3 under Section 53.045 of this code and in which the child is subject
42-4 to a determinate sentence, the general public may be excluded from>
42-5 hearings under this title to the public unless the court, for good
42-6 cause shown, determines that the public should be excluded.
42-7 (b) The court may not prohibit a person who is a victim of
42-8 the conduct of a child from personally attending a hearing under
42-9 this title relating to the conduct by the child unless the victim
42-10 is to testify in the hearing or any subsequent hearing relating to
42-11 the conduct and the court determines that the victim's testimony
42-12 would be materially affected if the victim hears other testimony at
42-13 trial <in its discretion may admit such members of the general
42-14 public as it deems proper>.
42-15 SECTION 37. Section 54.11, Family Code, is amended by
42-16 amending Subsection (i) and adding Subsection (k) to read as
42-17 follows:
42-18 (i) Except as provided by Subsection (k), at the <On>
42-19 conclusion of the release hearing on a person who is the subject of
42-20 a notice of transfer, the court may order:
42-21 (1) the recommitment of the person to the Texas Youth
42-22 Commission for parole under Section 61.084, Human Resources Code
42-23 <without a determinate sentence>; or
42-24 (2) the transfer of the person to the custody of the
42-25 Texas Department of Criminal Justice for the completion of the
42-26 person's determinate sentence<; or>
42-27 <(3) the final discharge of the person>.
43-1 (k) The court may provide that before a person is paroled
43-2 under Subsection (i)(1) or transferred under Subsection (i)(2), the
43-3 person may complete a treatment program with the Texas Youth
43-4 Commission. The treatment program may not extend beyond the 21st
43-5 birthday of the person.
43-6 SECTION 38. Section 55.02, Family Code, is amended by
43-7 amending Subsection (c) and adding Subsections (f) and (g) to read
43-8 as follows:
43-9 (c) If the juvenile court enters an order of temporary
43-10 hospitalization of the child, the child shall be cared for,
43-11 treated, and released in conformity to Subtitle C, Title 7, Health
43-12 and Safety Code, except:
43-13 (1) a juvenile court order of temporary
43-14 hospitalization of a child automatically expires when the child
43-15 becomes 18 years of age;
43-16 (2) the head of a mental hospital shall notify the
43-17 juvenile court that ordered temporary hospitalization at least 10
43-18 days prior to discharge of the child; and
43-19 (3) appeal from juvenile court proceedings under this
43-20 section shall be to the court of <civil> appeals as in other civil
43-21 proceedings <under this title>.
43-22 (f) The Texas Department of Mental Health and Mental
43-23 Retardation shall accept for commitment a child:
43-24 (1) for whom proceedings are pending under this title;
43-25 and
43-26 (2) who, because of mental illness, is not competent
43-27 to be adjudicated for the child's conduct.
44-1 (g) The Texas Department of Mental Health and Mental
44-2 Retardation may not release a child committed to it under this
44-3 section without obtaining a court order for the release of the
44-4 child.
44-5 SECTION 39. Sections 55.03(a) and (c), Family Code, are
44-6 amended to read as follows:
44-7 (a) If a child alleged or found to have engaged in
44-8 delinquent conduct or conduct indicating a need for supervision has
44-9 been found to be unfit to proceed because of mental retardation as
44-10 provided by Section 55.04 or found to be not responsible for the
44-11 child's conduct because of mental retardation as provided by
44-12 Section 55.05 <it appears to the juvenile court, on the suggestion
44-13 of a party or on the court's own notice, that a child alleged or
44-14 found to have engaged in delinquent conduct or conduct indicating a
44-15 need for supervision may be mentally retarded>, the court shall
44-16 order a comprehensive diagnosis and evaluation of the child to be
44-17 performed at a facility approved by the Texas Department of Mental
44-18 Health and Mental Retardation. If the court finds that the results
44-19 of such comprehensive diagnosis and evaluation indicate a
44-20 significantly subaverage general intellectual function of 2.5 or
44-21 more standard deviations below the age-group mean for the tests
44-22 used existing concurrently with deficits in adaptive behavior of
44-23 Levels I-IV, the court shall initiate proceedings to order
44-24 commitment of the child to a facility for the care and treatment of
44-25 mentally retarded persons.
44-26 (c) If the juvenile court enters an order committing the
44-27 child for care and treatment in a facility for mentally retarded
45-1 persons, the child shall be cared for, treated, and released in
45-2 conformity to Subtitle D, Title 7, Health and Safety Code, except:
45-3 (1) the juvenile court that ordered commitment of the
45-4 child shall be notified at least 10 days prior to discharge of the
45-5 child; and
45-6 (2) appeal from juvenile court proceedings under this
45-7 section shall be to the court of <civil> appeals as in other civil
45-8 proceedings <under this title>.
45-9 SECTION 40. Section 56.01, Family Code, is amended by
45-10 amending Subsections (a)-(c), (g), and (i) and adding Subsections
45-11 (k)-(m) to read as follows:
45-12 (a) An appeal from an order of a juvenile court under this
45-13 title, except under Chapter 55, is to a court of appeals and the
45-14 case may be appealed to the Court of Criminal Appeals by writ of
45-15 error or petition for review, as in criminal cases generally. An
45-16 appeal from an order of a juvenile court under Chapter 55 is to a
45-17 court of appeals and the case may be carried to the Texas Supreme
45-18 Court by writ of error or upon certificate, as in civil cases
45-19 generally.
45-20 (b) The requirements governing an appeal under this title,
45-21 except under Chapter 55, are as in criminal cases generally. The
45-22 requirements governing an appeal under Chapter 55 are as in civil
45-23 cases generally.
45-24 (c) An appeal may be taken:
45-25 (1) by or on behalf of a child or by the prosecuting
45-26 attorney from an order entered under:
45-27 (A) Section 54.02 of this code transferring or
46-1 refusing to <respecting> transfer a <of the> child to criminal
46-2 court for prosecution as an adult;
46-3 (B) Section 54.03 of this code with regard to
46-4 delinquent conduct or conduct indicating a need for supervision;
46-5 (C) Section 54.04 of this code disposing of the
46-6 case;
46-7 (D) Section 54.05 of this code modifying, or
46-8 refusing the <respecting> modification of, a previous juvenile
46-9 court disposition; or
46-10 (E) Chapter 55 of this code committing or
46-11 refusing to commit a child to a facility for the mentally ill or
46-12 mentally retarded; or
46-13 (2) by a person, including the prosecuting attorney,
46-14 from an order entered under Section 54.11(i)(2) of this code
46-15 transferring or refusing to transfer a <the> person to the custody
46-16 of the institutional division of the Texas Department of Criminal
46-17 Justice.
46-18 (g) An appeal does not suspend the order of the juvenile
46-19 court, nor does it release the child from the custody of that court
46-20 or of the person, institution, or agency to whose care the child is
46-21 committed, unless the juvenile court so orders. <However, the
46-22 appellate court may provide for a personal bond.>
46-23 (i) The appellate court may affirm, reverse, or modify the
46-24 judgment or order, including an order of disposition or modified
46-25 disposition, from which appeal was taken. It may reverse or modify
46-26 an order of disposition or modified order of disposition while
46-27 affirming the juvenile court adjudication that the child engaged in
47-1 delinquent conduct or conduct indicating a need for supervision.
47-2 It may remand an order that it reverses or modifies for further
47-3 proceedings by the juvenile court.
47-4 (k) The appellate court shall dismiss an appeal on the
47-5 state's motion, supported by affidavit showing that the appellant
47-6 has escaped from custody pending the appeal and, to the affiant's
47-7 knowledge, has not voluntarily returned to the state's custody on
47-8 or before the 10th day after the date of the escape. The court may
47-9 not dismiss an appeal, or if the appeal has been dismissed, shall
47-10 reinstate the appeal, on the filing of an affidavit of an officer
47-11 or other credible person showing that the appellant voluntarily
47-12 returned to custody on or before the 10th day after the date of the
47-13 escape.
47-14 (l) The court may order the child, the child's parent, or
47-15 other person responsible for support of the child to pay the
47-16 child's costs of appeal unless the court determines the child,
47-17 parent, or other responsible person is indigent.
47-18 (m) For purposes of determining indigency of the child under
47-19 this section, the court shall consider the assets and income of the
47-20 child, the child's parent, and any other person responsible for the
47-21 support of the child.
47-22 SECTION 41. Section 57.01(3), Family Code, is amended to
47-23 read as follows:
47-24 (3) "Victim" means a person who:
47-25 (A) is the victim of the delinquent conduct of a
47-26 child that includes the elements under the penal law of this state
47-27 of sexual assault, kidnapping, or aggravated robbery; <or>
48-1 (B) has suffered bodily injury or death as a
48-2 result of the conduct of a child that violates a penal law of this
48-3 state; or
48-4 (C) is the owner or lessor of property damaged
48-5 as a result of the conduct of a child that violates a penal law of
48-6 this state.
48-7 SECTION 42. Section 57.002, Family Code, is amended to read
48-8 as follows:
48-9 Sec. 57.002. Victim's Rights. A victim, guardian of a
48-10 victim, or close relative of a deceased victim is entitled to the
48-11 following rights within the juvenile justice system:
48-12 (1) the right to receive from law enforcement agencies
48-13 adequate protection from harm and threats of harm arising from
48-14 cooperation with prosecution efforts;
48-15 (2) the right to have the court or person appointed by
48-16 the court take the safety of the victim or the victim's family into
48-17 consideration as an element in determining whether the child should
48-18 be detained before the child's conduct is adjudicated;
48-19 (3) the right, if requested, to be informed of
48-20 relevant court proceedings, including appellate proceedings, and to
48-21 be informed in a timely manner if those court proceedings have been
48-22 canceled or rescheduled;
48-23 (4) the right to be informed, when requested, by the
48-24 court or a person appointed by the court concerning the procedures
48-25 in the juvenile justice system, including general procedures
48-26 relating to:
48-27 (A) the preliminary investigation and deferred
49-1 adjudication <informal adjustment> of a case; and
49-2 (B) the appeal of the case;
49-3 (5) the right to provide pertinent information to a
49-4 juvenile court conducting a disposition hearing concerning the
49-5 impact of the offense on the victim and the victim's family by
49-6 testimony, written statement, or any other manner before the court
49-7 renders its disposition;
49-8 (6) the right to receive information regarding
49-9 compensation to victims as provided by the Crime Victims
49-10 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
49-11 including information related to the costs that may be compensated
49-12 under that Act and the amount of compensation, eligibility for
49-13 compensation, and procedures for application for compensation under
49-14 that Act, the payment of medical expenses under Section 56.06, Code
49-15 of Criminal Procedure <Section 1, Chapter 299, Acts of the 63rd
49-16 Legislature, Regular Session, 1973 (Article 4447m, Vernon's Texas
49-17 Civil Statutes)>, for a victim of a sexual assault, and when
49-18 requested, to referral to available social service agencies that
49-19 may offer additional assistance;
49-20 (7) the right to be informed, upon request, of
49-21 procedures for release under supervision or transfer of the person
49-22 to the custody of the pardons and paroles division of the Texas
49-23 Department of Criminal Justice for parole, to participate in the
49-24 release or transfer for parole process, to be notified, if
49-25 requested, of release or transfer for parole proceedings concerning
49-26 the person <child>, to provide to the Texas Youth Commission for
49-27 inclusion in the person's <child's> file information to be
50-1 considered by the commission before the release under supervision
50-2 or transfer for parole of the person <child>, and to be notified,
50-3 if requested, of the person's <child's> release or transfer for
50-4 parole;
50-5 (8) the right to be provided with a waiting area,
50-6 separate or secure from other witnesses, including the child
50-7 alleged to have committed the conduct and relatives of the child,
50-8 before testifying in any proceeding concerning the child, or, if a
50-9 separate waiting area is not available, other safeguards should be
50-10 taken to minimize the victim's contact with the child and the
50-11 child's relatives and witnesses, before and during court
50-12 proceedings;
50-13 (9) the right to prompt return of any property of the
50-14 victim that is held by a law enforcement agency or the attorney for
50-15 the state as evidence when the property is no longer required for
50-16 that purpose;
50-17 (10) the right to have the attorney for the state
50-18 notify the employer of the victim, if requested, of the necessity
50-19 of the victim's cooperation and testimony in a proceeding that may
50-20 necessitate the absence of the victim from work for good cause;
50-21 <and>
50-22 (11) the right to be present at all public court
50-23 proceedings related to the conduct of the child as provided by
50-24 Section 54.08, subject to that section; and
50-25 (12) any other right appropriate to the victim that a
50-26 victim of criminal conduct has under Article 56.02, Code of
50-27 Criminal Procedure <the approval of the court>.
51-1 SECTION 43. Chapter 57, Family Code, is amended by adding
51-2 Section 57.008 to read as follows:
51-3 Sec. 57.008. PROTECTIVE ORDER. (a) A court may issue a
51-4 protective order directed against a child to protect a victim of
51-5 the child's conduct who, because of the victim's participation in
51-6 the juvenile justice system, risks further harm by the child.
51-7 (b) In the protective order, the court may prohibit the
51-8 child from doing specified acts or require the child to do
51-9 specified acts necessary or appropriate to prevent or reduce the
51-10 likelihood of further harm to the victim by the child.
51-11 SECTION 44. Title 3, Family Code, is amended by adding
51-12 Chapter 58 to read as follows:
51-13 CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
51-14 SUBCHAPTER A. RECORDS
51-15 Sec. 58.001. COLLECTION OF RECORDS OF CHILDREN. (a) Law
51-16 enforcement officers and other juvenile justice personnel shall
51-17 collect information described by Section 58.104 as a part of the
51-18 juvenile justice information system created under Subchapter B.
51-19 (b) The information is available as provided by Subchapter
51-20 B.
51-21 Sec. 58.002. PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN
51-22 YOUNGER THAN 13. Except as authorized by Section 58.003, a child
51-23 younger than 13 years of age may not be photographed or
51-24 fingerprinted without the consent of the juvenile court.
51-25 Sec. 58.003. INVESTIGATION. (a) If a latent fingerprint is
51-26 found during the investigation of conduct that may violate a penal
51-27 law, and a law enforcement officer reasonably believes that the
52-1 print is of a particular child, if otherwise authorized by law, the
52-2 officer may fingerprint the child without regard to the age of the
52-3 child or the nature of the conduct for the purpose of an immediate
52-4 comparison with the latent fingerprint. If the comparison is
52-5 negative, the fingerprint card and other copies of the fingerprints
52-6 taken shall be destroyed immediately. If the comparison is
52-7 positive, the fingerprint card and other copies of the fingerprints
52-8 taken shall be delivered to the court for disposition.
52-9 (b) If, during the investigation of conduct that may violate
52-10 a penal law, a law enforcement officer reasonably believes that a
52-11 photograph of a child taken into custody or detained as permitted
52-12 under this title will assist in the identification of the person
52-13 engaging in the conduct, and if not otherwise prohibited by law,
52-14 the officer may, without regard to the age of the child or the
52-15 nature of the conduct, photograph the face of the child. If the
52-16 child is not identified as a possible offender, the photograph and
52-17 its negative shall be destroyed immediately. If the child is
52-18 identified through the photograph, the photograph and its negative
52-19 shall be delivered to the juvenile court for disposition.
52-20 (c) When destruction of a fingerprint or photograph is
52-21 required under this section, the agency with custody of the
52-22 fingerprint or photograph shall proceed with destruction without
52-23 judicial order. If the fingerprint or photograph is not destroyed,
52-24 the juvenile court, on its own motion or on application by the
52-25 person fingerprinted or photographed, shall order the destruction
52-26 as required by this section.
52-27 Sec. 58.004. SEALING OF RECORDS. (a) Except as provided by
53-1 Subsections (b) and (c), on the application of a person who has
53-2 been found to have engaged in delinquent conduct or conduct
53-3 indicating a need for supervision, or a person taken into custody
53-4 to determine whether the person engaged in delinquent conduct or
53-5 conduct indicating a need for supervision, or on the juvenile
53-6 court's own motion, the court, after hearing, shall order the
53-7 sealing of the records in the case if the court finds that:
53-8 (1) two years have elapsed since final discharge of
53-9 the person or since the last official action in the person's case
53-10 if there was no adjudication;
53-11 (2) since the time specified in Subdivision (1), the
53-12 person has not been convicted of a felony or a misdemeanor
53-13 involving moral turpitude or found to have engaged in delinquent
53-14 conduct or conduct indicating a need for supervision and no
53-15 proceeding is pending seeking conviction or adjudication; and
53-16 (3) it is unlikely the person will engage in further
53-17 delinquent conduct or conduct indicating a need for supervision or
53-18 will commit a felony or a misdemeanor involving moral turpitude.
53-19 (b) A court may not order the sealing of the records of a
53-20 person adjudicated as having engaged in delinquent conduct that
53-21 violated a penal law listed in Section 53.045.
53-22 (c) Subject to Subsection (b), a court may order the sealing
53-23 of records concerning a person adjudicated as having engaged in
53-24 delinquent conduct that violated a penal law of the grade of felony
53-25 only if:
53-26 (1) the person is 23 years of age or older;
53-27 (2) the person was not transferred by a juvenile court
54-1 under Section 54.02 to a criminal court for prosecution;
54-2 (3) the records have not been used as evidence in the
54-3 punishment phase of a criminal proceeding under Section 3(a),
54-4 Article 37.07, Code of Criminal Procedure; and
54-5 (4) the person has not been convicted of a penal law
54-6 of the grade of felony after becoming age 17.
54-7 (d) The court may grant the relief authorized in Subsection
54-8 (a) at any time after final discharge of the person or after the
54-9 last official action in the case if there was no adjudication.
54-10 (e) Reasonable notice of the hearing shall be given to:
54-11 (1) the person who made the application or who is the
54-12 subject of the records named in the motion;
54-13 (2) the prosecuting attorney for the juvenile court;
54-14 (3) the authority granting the discharge if the final
54-15 discharge was from an institution or from parole;
54-16 (4) the public or private agency or institution having
54-17 custody of records named in the application or motion; and
54-18 (5) the law enforcement agency having custody of files
54-19 or records named in the application or motion.
54-20 (f) A copy of the sealing order shall be sent to each agency
54-21 or official named in the order.
54-22 (g) On entry of the order:
54-23 (1) all law enforcement, prosecuting attorney, clerk
54-24 of court, and juvenile court records ordered sealed shall be sent
54-25 to the court issuing the order;
54-26 (2) all records of a public or private agency or
54-27 institution ordered sealed shall be sent to the court issuing the
55-1 order;
55-2 (3) all index references to the records ordered sealed
55-3 shall be deleted;
55-4 (4) the juvenile court, clerk of court, prosecuting
55-5 attorney, public or private agency or institution, and law
55-6 enforcement officers and agencies shall properly reply that no
55-7 record exists with respect to the person on inquiry in any matter;
55-8 and
55-9 (5) the adjudication shall be vacated and the
55-10 proceeding dismissed and treated for all purposes, including the
55-11 purpose of showing a prior finding of delinquent conduct, as if it
55-12 had never occurred.
55-13 (h) Inspection of the sealed records may be permitted by an
55-14 order of the juvenile court on the petition of the person who is
55-15 the subject of the records and only by those persons named in the
55-16 order.
55-17 (i) On the final discharge of a child or on the last
55-18 official action in the case if there is no adjudication, the child
55-19 shall be given a written explanation of the child's rights under
55-20 this section and a copy of the provisions of this section.
55-21 (j) A person whose records have been sealed under this
55-22 section is not required in any proceeding or in any application for
55-23 employment, information, or licensing to state that the person has
55-24 been the subject of a proceeding under this title and any statement
55-25 that the person has never been found to be a delinquent child shall
55-26 never be held against the person in any criminal or civil
55-27 proceeding.
56-1 (k) On the motion of a person in whose name records are kept
56-2 or on the court's own motion, the court may order the destruction
56-3 of records that have been sealed under this section if:
56-4 (1) seven years have elapsed since the person's 16th
56-5 birthday; and
56-6 (2) the person has not been convicted of a felony.
56-7 (Sections 58.005-58.100 reserved for expansion
56-8 SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM
56-9 Sec. 58.101. DEFINITION. In this subchapter, "department"
56-10 means the Department of Public Safety of the State of Texas.
56-11 Sec. 58.102. JUVENILE JUSTICE INFORMATION SYSTEM. (a) The
56-12 department shall record information and maintain information for a
56-13 computerized juvenile justice information system as provided by
56-14 this subchapter.
56-15 (b) The department shall develop and maintain the system
56-16 with the cooperation and advice of the:
56-17 (1) Texas Youth Commission;
56-18 (2) Texas Juvenile Probation Commission; and
56-19 (3) Criminal Justice Policy Council.
56-20 Sec. 58.103. PURPOSE OF SYSTEM. The purpose of the juvenile
56-21 justice information system is to:
56-22 (1) provide agencies and personnel within the juvenile
56-23 justice system accurate information relating to children who come
56-24 into contact with the juvenile justice system of this state;
56-25 (2) provide, where allowed by law, adult criminal
56-26 justice agencies accurate and easily accessible information
56-27 relating to children who come into contact with the juvenile
57-1 justice system;
57-2 (3) provide an efficient conversion, where
57-3 appropriate, of juvenile records to adult criminal records;
57-4 (4) improve the quality of data used to conduct impact
57-5 analyses of proposed legislative changes in the juvenile justice
57-6 system; and
57-7 (5) improve the ability of interested parties to
57-8 analyze the functioning of the juvenile justice system.
57-9 Sec. 58.104. TYPES OF INFORMATION COLLECTED. (a) The
57-10 department may not collect or retain information, including
57-11 fingerprints and photographs, relating to a child if this chapter
57-12 prohibits or restricts the collection of the information.
57-13 (b) To the extent possible and subject to Subsection (a),
57-14 the department shall include in the juvenile justice information
57-15 system the following information for each child taken into custody
57-16 under this title:
57-17 (1) the child's name, including other names by which
57-18 the child is known;
57-19 (2) the child's date of birth;
57-20 (3) the child's physical description, including sex,
57-21 weight, height, race, ethnicity, eye color, hair color, scars,
57-22 marks, and tattoos;
57-23 (4) the child's state identification number;
57-24 (5) the child's fingerprints and photographs;
57-25 (6) a description of the nature of the conduct in need
57-26 of supervision or delinquent conduct;
57-27 (7) the results of a preliminary investigation and any
58-1 determination;
58-2 (8) the results of any intake conference and any
58-3 adjustment;
58-4 (9) the times and places of detention;
58-5 (10) a copy of each petition for an adjudication,
58-6 including a petition referred to a grand jury under Section 53.045
58-7 or a petition for a transfer to criminal court as provided by
58-8 Section 54.02;
58-9 (11) a statement of an adjudication;
58-10 (12) a copy of an order including a disposition or
58-11 modification of disposition;
58-12 (13) an order affecting parents and others;
58-13 (14) an order suspending a license;
58-14 (15) a description of the time, place, and nature of a
58-15 release hearing;
58-16 (16) a copy of any commitment, classification, or
58-17 release under supervision by the Texas Youth Commission;
58-18 (17) a description of the time, place, and nature of a
58-19 proceeding concerning a child with a mental illness, retardation,
58-20 disease, or defect; and
58-21 (18) a description of any appellate proceedings.
58-22 (c) The department may designate codes relating to the
58-23 information described by Subsection (b).
58-24 (d) The department may designate a state identification
58-25 number for each child.
58-26 Sec. 58.105. DUTIES OF JUVENILE BOARD. Each juvenile board
58-27 shall provide for:
59-1 (1) the compilation and maintenance of records and
59-2 information needed for reporting information to the department
59-3 under this subchapter;
59-4 (2) the transmittal to the department, in the manner
59-5 provided by the department, of all records and information required
59-6 by the department under this subchapter; and
59-7 (3) access by the department to inspect records and
59-8 information to determine the completeness and accuracy of
59-9 information reported.
59-10 Sec. 58.106. CONFIDENTIALITY. Information contained in the
59-11 juvenile justice information system is confidential information for
59-12 the use of the department and may not be disseminated by the
59-13 department except to:
59-14 (1) juvenile justice agencies, for a juvenile justice
59-15 purpose;
59-16 (2) with the permission of the child, military
59-17 personnel of this state or the United States; and
59-18 (3) a person or entity to which the department may
59-19 grant access to adult criminal history records under Section
59-20 411.083, Government Code, in the manner and under the restrictions
59-21 imposed by that section.
59-22 Sec. 58.107. UNIFORM INCIDENT FINGERPRINT CARD. The
59-23 department may provide for the use of a uniform incident
59-24 fingerprint card in the maintenance of the juvenile justice
59-25 information system.
59-26 Sec. 58.108. LOCAL DATA ADVISORY BOARD. Subject to the
59-27 direction of the department, a local data advisory board created
60-1 under Article 60.09, Code of Criminal Procedure, may exercise the
60-2 functions that it performs for adult criminal history information
60-3 systems for the benefit of the operation and maintenance of
60-4 juvenile justice information systems in the county in which it is
60-5 located.
60-6 Sec. 58.109. RULES. The department may adopt rules to
60-7 implement this subchapter.
60-8 SECTION 45. Subchapter B, Chapter 61, Human Resources Code,
60-9 is amended by amending Section 61.014 and adding Section 61.0121 to
60-10 read as follows:
60-11 Sec. 61.0121. ADDITIONAL MEMBERS. (a) In addition to the
60-12 members of the board appointed under Section 61.012, the governor
60-13 shall appoint three members, each of whom has architectural and
60-14 construction expertise.
60-15 (b) Members appointed under this section serve for two-year
60-16 terms.
60-17 Sec. 61.014. QUORUM. A majority of the <Four> members
60-18 constitute a quorum for the exercise of functions of the commission
60-19 not delegated to the executive director or other employees.
60-20 SECTION 46. Subchapter C, Chapter 61, Human Resources Code,
60-21 is amended by adding Section 61.0315 to read as follows:
60-22 Sec. 61.0315. REVIEW OF TREATMENT PROGRAMS. (a) The
60-23 commission shall annually review the effectiveness of the
60-24 commission's programs for the rehabilitation and reestablishment in
60-25 society of children committed to the commission, including programs
60-26 for sex offenders, capital offenders, children who are chemically
60-27 dependent, and emotionally disturbed children.
61-1 (b) On or before December 31 of each year, the commission
61-2 shall make a report on the effectiveness of the programs to the
61-3 Legislative Budget Board.
61-4 SECTION 47. Chapter 61, Human Resources Code, is amended by
61-5 adding Section 61.0755 to read as follows:
61-6 Sec. 61.0755. CLASSIFICATION OF CHILDREN. (a) The
61-7 commission, by rule, shall adopt classifications of children
61-8 committed to the commission according to the types of offenses that
61-9 were committed, the previous records of conduct, the use of deadly
61-10 weapons, the existence of any extenuating circumstances, and any
61-11 other factor the commission determines is relevant. The commission
61-12 may not include a factor that is the same as or similar to the
61-13 ground for making a determination of organized delinquent conduct
61-14 under Section 54.0401, Family Code.
61-15 (b) For each classification established under Subsection
61-16 (a), the commission shall set a minimum period of commitment that
61-17 is reasonably intended to accomplish the purposes stated in Section
61-18 51.01, Family Code. Except as otherwise required by Subsection
61-19 (d), the commission is not required to retain the custody of a
61-20 child for the minimum period of commitment, and a child is not
61-21 entitled to release solely because the child has been in the
61-22 custody of the commission for the minimum period of commitment.
61-23 (c) After the initial examination of a child under Section
61-24 61.071 and an evaluation of a child according to the commission's
61-25 classifications under Subsection (a), the commission shall classify
61-26 the child in accordance with the classifications.
61-27 (d) If the juvenile court that committed the child entered a
62-1 finding in the child's case under Section 54.0401, Family Code,
62-2 that the child engaged in organized delinquent activity, the
62-3 commission may not release the child on supervision or discharge
62-4 the child until the child has remained in the custody of the
62-5 commission in a commission facility for twice the period that would
62-6 otherwise be applicable to the child according to the minimum
62-7 period of commitment for the child's classification. This
62-8 subsection does not apply to a child committed to the commission
62-9 under a determinate sentence.
62-10 SECTION 48. Section 61.077, Human Resources Code, is amended
62-11 to read as follows:
62-12 Sec. 61.077. Mentally Ill or Retarded Child. (a) If the
62-13 commission determines that a child committed to it is mentally ill
62-14 <or retarded>, the commission, without delay, shall return the
62-15 child to the court of original jurisdiction for appropriate
62-16 disposition or shall request that the court in the county where the
62-17 child is located take any action required by the condition of the
62-18 child.
62-19 (b) Subject to Subsection (d), the commission shall accept a
62-20 child committed to the commission who is mentally retarded. The
62-21 commission shall place the child in a facility or part of a
62-22 facility designated for the correctional treatment of mentally
62-23 retarded children.
62-24 (c) Subject to Subsection (d), the commission shall provide
62-25 all services in a facility designated for the correctional
62-26 treatment of mentally retarded children except that the Texas
62-27 Department of Mental Health and Mental Retardation shall provide
63-1 services that are specifically for the treatment of mental
63-2 retardation.
63-3 (d) The commission is not required to comply with
63-4 Subsections (c) and (d) until a new facility for the correctional
63-5 treatment of mentally retarded children adjudicated as having
63-6 engaged in delinquent conduct has been constructed from funds
63-7 appropriated by the legislature.
63-8 SECTION 49. Section 61.081, Human Resources Code, is amended
63-9 by adding Subsection (h) to read as follows:
63-10 (h) The commission may not release under supervision under
63-11 this section a person who is 18 years of age or older.
63-12 SECTION 50. Subchapter F, Chapter 61, Human Resources Code,
63-13 is amended by adding Section 61.0812 to read as follows:
63-14 Sec. 61.0812. TREATMENT FOR SUBSTANCE ABUSE. The commission
63-15 may not release a child under supervision or parole a child if the
63-16 child has a substance abuse problem, including the use of a
63-17 controlled substance, hazardous inhalable substances, or alcohol
63-18 habitually and has not completed a treatment program for the
63-19 problem.
63-20 SECTION 51. Section 61.084, Human Resources Code, is amended
63-21 by amending Subsection (d) and adding Subsections (e)-(g) to read
63-22 as follows:
63-23 (d) Except as provided by Subsection (g), the <The>
63-24 commission shall discharge from its custody a person not already
63-25 discharged or transferred on the person's 21st birthday.
63-26 (e) The commission shall transfer a person recommitted to
63-27 the commission under a determinate sentence under Section
64-1 54.11(i)(1), Family Code, to the custody of the pardons and paroles
64-2 division of the Texas Department of Criminal Justice to serve the
64-3 remainder of the person's sentence on parole as provided by Section
64-4 29, Article 42.18, Code of Criminal Procedure.
64-5 (f) The commission may transfer a person who has been
64-6 committed to the commission without a determinate sentence under
64-7 Section 54.05, Family Code, and is 18 years of age or older to the
64-8 custody of the pardons and paroles division of the Texas Department
64-9 of Criminal Justice as provided by Section 29, Article 42.18, Code
64-10 of Criminal Procedure, except that:
64-11 (1) the parole may not extend beyond the 21st birthday
64-12 of the person; and
64-13 (2) if the parole panel revokes the person's parole,
64-14 the panel may not, solely as a result of the revocation, commit the
64-15 person to the institutional division of the Texas Department of
64-16 Criminal Justice beyond the 21st birthday of the person.
64-17 (g) The commission shall transfer a person who has been
64-18 recommitted to the commission under a determinate sentence under
64-19 Section 54.11(i)(1), Family Code, to the custody of the pardons and
64-20 paroles division of the Texas Department of Criminal Justice on the
64-21 person's 21st birthday, if the person has not already been
64-22 discharged or transferred, to serve the remainder of the person's
64-23 sentence on parole as provided by Section 29, Article 42.18, Code
64-24 of Criminal Procedure.
64-25 SECTION 52. Subchapter E, Chapter 141, Human Resources Code,
64-26 is amended by adding Sections 141.086 and 141.087 to read as
64-27 follows:
65-1 Sec. 141.086. FUNDING FOR BOOT CAMPS. The commission shall
65-2 encourage and provide increased funding for boot camps and other
65-3 shock programs for juvenile offenders.
65-4 Sec. 141.087. FUNDING FOR SECURE RESIDENTIAL CARE
65-5 FACILITIES. The commission shall provide state aid to counties
65-6 that provide secure residential facilities for children found to
65-7 have engaged in delinquent conduct who are placed on probation in
65-8 the facilities by a juvenile court under Section 54.04, Family
65-9 Code, as an alternative to commitment to the facilities of the
65-10 Texas Youth Commission.
65-11 SECTION 53. Subchapter A, Chapter 152, Human Resources Code,
65-12 is amended by adding Section 152.0011 to read as follows:
65-13 Sec. 152.0011. COMPOSITION OF JUVENILE BOARD. (a) In
65-14 addition to other members of a juvenile board designated by this
65-15 chapter, a juvenile board is composed of:
65-16 (1) a prosecuting attorney as defined by Section
65-17 51.02, Family Code;
65-18 (2) a mental health professional;
65-19 (3) a medical health professional; and
65-20 (4) a representative of the education community.
65-21 (b) The chairman of a juvenile board shall appoint the
65-22 members of the board listed in Subsections (a)(2)-(4).
65-23 (c) If more than one prosecuting attorney is eligible to
65-24 serve on the board, the chairman of the juvenile board shall
65-25 appoint the prosecuting attorney. This subsection does not apply
65-26 to a juvenile board on which a prosecuting attorney is appointed
65-27 under Subchapter D.
66-1 (d) The members of the board listed in Subsection (a) serve
66-2 for staggered two-year terms with two of the members' terms
66-3 expiring on January 31 of each year.
66-4 SECTION 54. Section 8.07, Penal Code, is amended to read as
66-5 follows:
66-6 Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
66-7 person may not be prosecuted for or convicted of any offense that
66-8 he committed when younger than 15 years of age except:
66-9 (1) perjury and aggravated perjury when it appears by
66-10 proof that he had sufficient discretion to understand the nature
66-11 and obligation of an oath;
66-12 (2) a violation of a penal statute cognizable under
66-13 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
66-14 (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
66-15 which violates the laws of this state prohibiting driving while
66-16 intoxicated or under the influence of intoxicating liquor (first or
66-17 subsequent offense) or driving while under the influence of any
66-18 narcotic drug or of any other drug to a degree which renders him
66-19 incapable of safely driving a vehicle (first or subsequent
66-20 offense)>;
66-21 (3) a violation of a motor vehicle traffic ordinance
66-22 of an incorporated city or town in this state;
66-23 (4) a misdemeanor punishable by fine only other than
66-24 public intoxication; or
66-25 (5) a violation of a penal ordinance of a political
66-26 subdivision.
66-27 (b) Unless the juvenile court waives jurisdiction under
67-1 Section 54.02, Family Code, and certifies the individual for
67-2 criminal prosecution or the juvenile court has previously waived
67-3 jurisdiction under that section and certified the individual for
67-4 criminal prosecution, a person may not be prosecuted for or
67-5 convicted of any offense committed before reaching 17 years of age
67-6 except an offense described by Subsection (a)<:>
67-7 <(1) perjury and aggravated perjury when it appears by
67-8 proof that he had sufficient discretion to understand the nature
67-9 and obligation of an oath;>
67-10 <(2) a violation of a penal statute cognizable under
67-11 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
67-12 as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
67-13 conduct which violates the laws of this state prohibiting driving
67-14 while intoxicated or under the influence of intoxicating liquor
67-15 (first or subsequent offense) or driving while under the influence
67-16 of any narcotic drug or of any other drug to a degree which renders
67-17 him incapable of safely driving a vehicle (first or subsequent
67-18 offense);>
67-19 <(3) a violation of a motor vehicle traffic ordinance
67-20 of an incorporated city or town in this state;>
67-21 <(4) a misdemeanor punishable by fine only other than
67-22 public intoxication; or>
67-23 <(5) a violation of a penal ordinance of a political
67-24 subdivision>.
67-25 (c) <Unless the juvenile court waives jurisdiction and
67-26 certifies the individual for criminal prosecution, a person who has
67-27 been alleged in a petition for an adjudication hearing to have
68-1 engaged in delinquent conduct or conduct indicating a need for
68-2 supervision may not be prosecuted for or convicted of any offense
68-3 alleged in the juvenile court petition or any offense within the
68-4 knowledge of the juvenile court judge as evidenced by anything in
68-5 the record of the juvenile court proceedings.>
68-6 <(d)> No person may, in any case, be punished by death for
68-7 an offense committed while he was younger than 16 <17> years.
68-8 SECTION 55. Section 12.42, Penal Code, is amended by adding
68-9 Subsection (f) to read as follows:
68-10 (f) For the purposes of Subsections (a)-(c) and (e), the
68-11 following is a final felony conviction:
68-12 (1) an adjudication by a juvenile court under Section
68-13 54.04, Family Code, that a child engaged in conduct constituting a
68-14 felony offense; and
68-15 (2) participation by a child in a progressive
68-16 sanctions program under Section 53.013, Family Code, for engaging
68-17 in conduct that constitutes a felony offense.
68-18 SECTION 56. Chapter 4, Code of Criminal Procedure, is
68-19 amended by adding Article 4.18 to read as follows:
68-20 Art. 4.18. TRANSFER OF JURISDICTION FROM JUVENILE COURT.
68-21 (a) A claim that a district court or criminal district court does
68-22 not have jurisdiction over a person transferred to it by a juvenile
68-23 court under Section 54.02, Family Code, because the juvenile court
68-24 could not waive jurisdiction under Section 8.07(a), Penal Code, or
68-25 did not waive jurisdiction under Section 8.07(b), Penal Code, must
68-26 be made by written motion in bar of prosecution filed with the
68-27 court to which the person is transferred.
69-1 (b) The motion must be filed and presented to the presiding
69-2 judge of the court:
69-3 (1) if the defendant enters a plea of guilty or no
69-4 contest, before the plea;
69-5 (2) if the defendant's guilt or punishment is tried or
69-6 determined by a jury, before selection of the jury begins; or
69-7 (3) if the defendant's guilt is tried by the court,
69-8 before the first witness is sworn.
69-9 (c) Unless the motion is not contested, the presiding judge
69-10 shall promptly conduct a hearing without a jury and rule on the
69-11 motion. The party making the motion has the burden of establishing
69-12 by a preponderance of the evidence those facts necessary for the
69-13 motion to prevail.
69-14 (d) A person may not contest the jurisdiction of the court
69-15 on the ground that the juvenile court has exclusive jurisdiction
69-16 if:
69-17 (1) the person does not file a motion within the time
69-18 requirements of this article; or
69-19 (2) the presiding judge finds under Subsection (c)
69-20 that a motion made under this article does not prevail.
69-21 (e) An appellate court may review a trial court's
69-22 determination under this article only after conviction in the trial
69-23 court.
69-24 (f) A court that finds that it lacks jurisdiction over a
69-25 person because exclusive jurisdiction is in the juvenile court
69-26 shall transfer the case to the juvenile court.
69-27 SECTION 57. Section 3(a), Article 37.07, Code of Criminal
70-1 Procedure, is amended to read as follows:
70-2 (a) Regardless of the plea and whether the punishment be
70-3 assessed by the judge or the jury, evidence may be offered by the
70-4 state and the defendant as to any matter the court deems relevant
70-5 to sentencing, including but not limited to the prior criminal
70-6 record of the defendant, his general reputation, his character, an
70-7 opinion regarding his character, the circumstances of the offense
70-8 for which he is being tried, and, notwithstanding Rules 404 and
70-9 405, Texas Rules of Criminal Evidence, any other evidence of an
70-10 extraneous crime or bad act that is shown beyond a reasonable doubt
70-11 by evidence to have been committed by the defendant or for which he
70-12 could be held criminally responsible, regardless of whether he has
70-13 previously been charged with or finally convicted of the crime or
70-14 act. A court may consider as a factor in mitigating punishment the
70-15 conduct of a defendant while participating in a program under
70-16 Chapter 17 of this code as a condition of release on bail.
70-17 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
70-18 Evidence, evidence may be offered by the state and the defendant of
70-19 an adjudication of delinquency based on a violation by the
70-20 defendant of a penal law of the grade of:
70-21 (1) a felony; or
70-22 (2) a misdemeanor punishable by confinement in jail
70-23 <unless:>
70-24 <(1) the adjudication is based on conduct committed
70-25 more than five years before the commission of the offense for which
70-26 the person is being tried; and>
70-27 <(2) in the five years preceding the date of the
71-1 commission of the offense for which the person is being tried, the
71-2 person did not engage in conduct for which the person has been
71-3 adjudicated as a delinquent child or a child in need of supervision
71-4 and did not commit an offense for which the person has been
71-5 convicted>.
71-6 SECTION 58. Section 20, Article 42.18, Code of Criminal
71-7 Procedure, is amended to read as follows:
71-8 Sec. 20. INAPPLICABLE TO JUVENILES. (a) Except as provided
71-9 by Subsection (b) of this section, the <The> provisions of this
71-10 article shall not apply to parole from institutions for juveniles
71-11 or to temporary furloughs granted to an inmate by the institutional
71-12 division under Section 500.006, Government Code.
71-13 (b) The provisions of this article not in conflict with
71-14 Section 29 of this article apply to parole of a person from the
71-15 Texas Youth Commission under that section.
71-16 SECTION 59. Article 42.18, Code of Criminal Procedure, is
71-17 amended by adding Section 29 to read as follows:
71-18 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
71-19 the 90th day before the date the Texas Youth Commission transfers a
71-20 person to the custody of the pardons and paroles division for
71-21 release on parole under Section 61.084(e), (f), or (g), Human
71-22 Resources Code, the commission shall submit to the board all
71-23 pertinent information relating to the person, including:
71-24 (1) the juvenile court judgment;
71-25 (2) the circumstances of the person's offense;
71-26 (3) the person's previous social history and juvenile
71-27 court records;
72-1 (4) the person's physical and mental health record;
72-2 (5) a record of the person's conduct, employment
72-3 history, and attitude while committed to the commission;
72-4 (6) a record of the sentence time served by the person
72-5 at the commission; and
72-6 (7) any written comments or information provided by
72-7 the commission, local officials, or victims of the offense.
72-8 (b) Before the release of the person on parole, a parole
72-9 panel shall review the person's records and may interview the
72-10 person or any other person the panel deems is necessary to
72-11 determine the conditions of parole. The panel may impose any
72-12 reasonable condition of parole on the person that the panel may
72-13 impose on an adult prisoner under this article.
72-14 (c) The panel shall furnish the person with a contract
72-15 clearly describing the conditions and rules of parole. The person
72-16 must accept and sign the contract as a precondition to release on
72-17 parole.
72-18 (d) While on parole, the person remains in the legal custody
72-19 of the state and shall comply with the conditions of parole ordered
72-20 by a panel under this section.
72-21 (e) The period of parole for a person released to parole
72-22 under this section is the maximum term for which the person was
72-23 sentenced less calendar time actually served at the Texas Youth
72-24 Commission.
72-25 (f) If a parole panel revokes the person's parole, the panel
72-26 may require the person to serve the portion remaining of the
72-27 person's sentence in the institutional division. The remaining
73-1 portion of the person's sentence is calculated without credit for
73-2 the time from the date of the person's release to the date of
73-3 revocation. The panel may not recommit the person to the Texas
73-4 Youth Commission.
73-5 (g) For purposes of this article, a person released from the
73-6 Texas Youth Commission on parole under this section is deemed to
73-7 have been convicted of the offense for which the person has been
73-8 adjudicated.
73-9 SECTION 60. Section 21.3011(g), Education Code, is amended
73-10 to read as follows:
73-11 (g) The board or its designee shall deliver a copy of the
73-12 order expelling the student to the student and the student's parent
73-13 or guardian. The board or its designee shall also deliver on or
73-14 before the second working day after the date of the expulsion
73-15 hearing a copy of the order and any other information required by
73-16 Section 52.04, Family Code, to the authorized officer of the
73-17 juvenile court in the county in which the student resides. The
73-18 officer shall determine whether:
73-19 (1) a petition should be filed alleging that the
73-20 student is in need of supervision or engaged in delinquent conduct;
73-21 or
73-22 (2) the student should be referred to an appropriate
73-23 state agency.
73-24 SECTION 61. Section 21.002, Government Code, is amended by
73-25 amending Subsection (a) and adding Subsection (h) to read as
73-26 follows:
73-27 (a) Except as provided by Subsections <Subsection> (g) and
74-1 (h), a court may punish for contempt.
74-2 (h) A justice or municipal court may not punish by contempt
74-3 a person who engages in conduct that violates an order of the court
74-4 if the conduct of the person is delinquent conduct under Section
74-5 51.03(a)(3), Family Code. The justice or municipal court shall
74-6 refer the person to the juvenile court for engaging in the
74-7 delinquent conduct.
74-8 SECTION 62. Subchapter Z, Chapter 341, Local Government
74-9 Code, is amended by adding Section 341.904 to read as follows:
74-10 Sec. 341.904. JUVENILE CURFEW ORDINANCE IN GENERAL-LAW
74-11 MUNICIPALITY. The governing body of a general-law municipality may
74-12 adopt a curfew ordinance to regulate the movements or actions of
74-13 persons under 17 years of age, not inconsistent with state law,
74-14 that is for the good government, peace, public safety, or order of
74-15 the municipality. This authority includes the authority to:
74-16 (1) establish the hours of the curfew, including
74-17 different hours for different days of the week;
74-18 (2) apply different curfew hours to different age
74-19 groups of juveniles;
74-20 (3) describe the kinds of conduct subject to the
74-21 curfew;
74-22 (4) determine the locations to which the curfew
74-23 applies;
74-24 (5) determine which persons incur liability if a
74-25 violation of the curfew occurs;
74-26 (6) prescribe procedures a police officer or other
74-27 person must follow in enforcing the curfew; and
75-1 (7) establish exemptions from the curfew.
75-2 SECTION 63. Subchapter Z, Chapter 351, Local Government
75-3 Code, is amended by adding Section 351.903 to read as follows:
75-4 Sec. 351.903. JUVENILE CURFEW ORDER IN A COUNTY. The
75-5 commissioners court of a county by order may adopt a curfew
75-6 applying to the unincorporated area of the county to regulate the
75-7 movements or actions of persons under the age of 17, not
75-8 inconsistent with state law, that is for the good government,
75-9 peace, public safety, or order of the county. This authority
75-10 includes the authority to:
75-11 (1) establish the hours of the curfew, including
75-12 different hours for different days of the week;
75-13 (2) apply different curfew hours to different age
75-14 groups of juveniles;
75-15 (3) describe the kinds of conduct subject to the
75-16 curfew;
75-17 (4) determine the locations to which the curfew
75-18 applies;
75-19 (5) determine which persons incur liability if a
75-20 violation of the curfew occurs;
75-21 (6) prescribe procedures a police officer or other
75-22 person must follow in enforcing the curfew; and
75-23 (7) establish exemptions from the curfew.
75-24 SECTION 64. Sections 51.14, 51.15, 51.16, and 54.021(e),
75-25 Family Code, are repealed.
75-26 SECTION 65. Not later than January 31, 1996, the chairman of
75-27 a juvenile board shall appoint the new members of the board in
76-1 accordance with Section 152.0011, Human Resources Code, as added by
76-2 this Act. In making the appointments, the chairman shall designate
76-3 two new members for terms expiring January 31, 1998, and two new
76-4 members for terms expiring January 31, 1999. The members serving
76-5 on the board before the new members are appointed shall continue to
76-6 carry out the functions of the board without the new members until
76-7 the new members are appointed.
76-8 SECTION 66. Not later than December 31, 1995, the governor
76-9 shall appoint the new members of the governing board of the Texas
76-10 Youth Commission in accordance with Section 61.0121, Human
76-11 Resources Code, as added by this Act. The members serving on the
76-12 board before the new members are appointed shall continue to carry
76-13 out the functions of the board without the new members until the
76-14 new members are appointed.
76-15 SECTION 67. (a) This Act takes effect September 1, 1995,
76-16 except as otherwise provided by this section.
76-17 (b) The juvenile justice information system required by
76-18 Chapter 58, Family Code, as added by this Act, must be in operation
76-19 by a date not earlier than September 1, 1995, and not later than
76-20 January 1, 1996, as determined by the Department of Public Safety
76-21 of the State of Texas, Texas Youth Commission, and Texas Juvenile
76-22 Probation Commission. Chapter 58, Family Code, as added by this
76-23 Act, and the repeal of those sections listed in Section 62 of this
76-24 Act take effect on the date that the juvenile justice information
76-25 system is placed in operation.
76-26 (c) This Act applies only to conduct that occurs on or after
76-27 the effective date of this Act. Conduct violating the penal law of
77-1 this state occurs on or after the effective date of this Act if
77-2 every element of the violation occurs on or after that date.
77-3 (d) Conduct that occurs before the effective date of this
77-4 Act is governed by the law in effect at the time the conduct
77-5 occurred, and that law is continued in effect for that purpose.
77-6 (e) This Act applies only to the appeal under Chapter 56,
77-7 Family Code, of an order by a juvenile court rendered on or after
77-8 the effective date of this Act. The appeal of an order rendered
77-9 before the effective date of this Act is governed by the law in
77-10 effect at the time the order was rendered, and that law is
77-11 continued in effect for that purpose.
77-12 (f) Section 27 of this Act does not require the juvenile
77-13 court to transfer a person to a court of criminal jurisdiction
77-14 because the person has been transferred to a criminal court for an
77-15 offense before the effective date of this Act.
77-16 SECTION 68. The importance of this legislation and the
77-17 crowded condition of the calendars in both houses create an
77-18 emergency and an imperative public necessity that the
77-19 constitutional rule requiring bills to be read on three several
77-20 days in each house be suspended, and this rule is hereby suspended.