By: Montford, et al. S.B. No. 575
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the juvenile justice system, including the adjudication
1-2 and disposition of children in need of supervision and children who
1-3 engage in delinquent and criminal conduct; providing criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (a), (b), and (c), Section 34.54,
1-7 Family Code, are amended to read as follows:
1-8 (a) This section applies to a child who is <seven years of
1-9 age or older and> under 10 years of age.
1-10 (b) The Texas Department of Mental Health and Mental
1-11 Retardation <department> shall provide, directly or by contract,
1-12 services for a child and the child's family if the child is
1-13 referred to the Texas Department of Mental Health and Mental
1-14 Retardation <department> by a law enforcement agency for engaging
1-15 in conduct described by Section 51.03 of this code. The services
1-16 may include in-home programs, parenting skills training, youth
1-17 coping skills, and individual and family counseling.
1-18 (c) Except as provided by Subsection (d) of this section, on
1-19 request of the Texas Department of Mental Health and Mental
1-20 Retardation <department> a court may require the parent, managing
1-21 conservator, guardian, or other member of the child's household to
1-22 participate in the services provided by the Texas Department of
1-23 Mental Health and Mental Retardation <department> and to allow the
2-1 child and any siblings to participate. If a parent, managing
2-2 conservator, guardian, or other member of the child's household
2-3 fails to follow the court's order, the court may impose community
2-4 service as a sanction for contempt.
2-5 SECTION 2. Subdivision (1), Section 51.02, Family Code, is
2-6 amended to read as follows:
2-7 (1) "Child" means a person for whom the juvenile court
2-8 has or may exercise jurisdiction under Sections 51.035 and 51.036
2-9 of this code <who is:>
2-10 <(A) ten years of age or older and under 17
2-11 years of age; or>
2-12 <(B) seventeen years of age or older and under
2-13 18 years of age who is alleged or found to have engaged in
2-14 delinquent conduct or conduct indicating a need for supervision as
2-15 a result of acts committed before becoming 17 years of age>.
2-16 SECTION 3. Chapter 51, Family Code, is amended by adding
2-17 Sections 51.035 and 51.036 to read as follows:
2-18 Sec. 51.035. PERSONS FOR WHOM THE JUVENILE COURT HAS
2-19 JURISDICTION: AGE LIMITS. (a) The juvenile court has
2-20 jurisdiction in a suit under this title over a person:
2-21 (1) younger than 17 years of age; or
2-22 (2) 17 years of age or older and under 18 years of age
2-23 who is alleged or found to have engaged in delinquent conduct or
2-24 conduct indicating a need for supervision as a result of acts
2-25 committed before becoming 17 years of age.
3-1 (b) The juvenile court does not have jurisdiction over a
3-2 person younger than 10 years of age.
3-3 Sec. 51.036. PERSONS FOR WHOM THE JUVENILE COURT HAS
3-4 JURISDICTION: EXCEPTIONS. (a) The juvenile court does not have
3-5 jurisdiction over a person for whom a criminal court has original
3-6 jurisdiction unless the criminal court waives its jurisdiction and
3-7 transfers the child to the juvenile court under Section 51.08.
3-8 (b) The juvenile court does not have jurisdiction over a
3-9 person for whom the court has previously waived its exclusive
3-10 original jurisdiction under Section 54.02 and transferred the
3-11 person to a court for criminal proceedings. The juvenile court
3-12 resumes jurisdiction over the person transferred if:
3-13 (1) the person is remanded to the juvenile court after
3-14 an examining trial;
3-15 (2) the person is not indicted by the grand jury;
3-16 (3) the person is found not guilty in the matter
3-17 transferred;
3-18 (4) the matter is dismissed with prejudice; or
3-19 (5) the person is convicted of a lesser included
3-20 offense classified as a misdemeanor.
3-21 SECTION 4. Subsection (b), Section 51.06, Family Code, is
3-22 amended to read as follows:
3-23 (b) An application for a writ of habeas corpus brought by or
3-24 on behalf of a person <child> who has been committed to an
3-25 institution under the jurisdiction of the Texas Youth Commission
4-1 and which attacks the validity of the judgment of commitment shall
4-2 be brought in the county in which the court that entered the
4-3 judgment of commitment is located.
4-4 SECTION 5. Subsections (b) and (c), Section 51.08, Family
4-5 Code, are amended to read as follows:
4-6 (b) A court in which there is pending a complaint against a
4-7 person whose age is within limits described by Section 51.035 of
4-8 this code <child> alleging a violation of a misdemeanor offense
4-9 punishable by fine only other than a traffic offense or public
4-10 intoxication or a violation of a penal ordinance of a political
4-11 subdivision other than a traffic offense:
4-12 (1) shall waive its original jurisdiction and refer
4-13 the person <a child> to juvenile court if the person <child> has
4-14 previously been convicted of:
4-15 (A) two or more misdemeanors punishable by fine
4-16 only other than a traffic offense or public intoxication;
4-17 (B) two or more violations of a penal ordinance
4-18 of a political subdivision other than a traffic offense; or
4-19 (C) one or more of each of the types of
4-20 misdemeanors described in Paragraph (A) or (B) of this subdivision;
4-21 and
4-22 (2) may waive its original jurisdiction and refer the
4-23 person <a child> to juvenile court if the person <child>:
4-24 (A) has not previously been convicted of a
4-25 misdemeanor punishable by fine only other than a traffic offense or
5-1 public intoxication or a violation of a penal ordinance of a
5-2 political subdivision other than a traffic offense; or
5-3 (B) has previously been convicted of fewer than
5-4 two misdemeanors punishable by fine only other than a traffic
5-5 offense or public intoxication or two violations of a penal
5-6 ordinance of a political subdivision other than a traffic offense.
5-7 (c) A court in which there is pending a complaint against a
5-8 person whose age is within limits described by Section 51.035 of
5-9 this code <child> alleging a violation of a misdemeanor offense
5-10 punishable by fine only other than a traffic offense or public
5-11 intoxication or a violation of a penal ordinance of a political
5-12 subdivision other than a traffic offense shall notify the juvenile
5-13 court of the county in which the court is located of the pending
5-14 complaint and shall furnish to the juvenile court a copy of the
5-15 final disposition of any matter for which the court does not waive
5-16 its original jurisdiction under Subsection (b) of this section.
5-17 SECTION 6. Subsection (b), Section 51.09, Family Code, is
5-18 conformed to Chapter 557, Acts of the 72nd Legislature, Regular
5-19 Session, 1991, and amended to read as follows:
5-20 (b) Notwithstanding any of the provisions of Subsection (a)
5-21 of this section, the statement of a child is admissible in evidence
5-22 in any future proceeding concerning the matter about which the
5-23 statement was given if:
5-24 (1) when the child is in a detention facility or other
5-25 place of confinement or in the custody of an officer, the statement
6-1 is made in writing and the statement shows that the child has at
6-2 some time prior to the making thereof received from a magistrate a
6-3 warning that:
6-4 (A) the child may remain silent and not make any
6-5 statement at all and that any statement that the child makes may be
6-6 used in evidence against the child;
6-7 (B) the child has the right to have an attorney
6-8 present to advise the child either prior to any questioning or
6-9 during the questioning;
6-10 (C) if the child is unable to employ an
6-11 attorney, the child has the right to have an attorney appointed to
6-12 counsel with the child prior to or during any interviews with peace
6-13 officers or attorneys representing the state;
6-14 (D) the child has the right to terminate the
6-15 interview at any time;
6-16 (E) if the child is 15 years of age or older at
6-17 the time of the violation of a penal law of the grade of felony the
6-18 juvenile court may waive its jurisdiction and the child may be
6-19 tried as an adult;
6-20 (F) the child may be sentenced to commitment in
6-21 the Texas Youth Commission with a transfer to the institutional
6-22 division of the Texas Department of Criminal Justice for a term
6-23 prescribed by Section 54.04(d) of this code <not to exceed 30
6-24 years> if the child is found to have engaged in delinquent conduct,
6-25 alleged in a petition approved by a grand jury, that included:
7-1 (i) murder;
7-2 (ii) capital murder;
7-3 (iii) aggravated kidnapping;
7-4 (iv) aggravated sexual assault;
7-5 (v) aggravated robbery;
7-6 (vi) aggravated assault;
7-7 (vii) manslaughter;
7-8 (viii) intoxication manslaughter;
7-9 (ix) attempted murder <deadly assault on a
7-10 law enforcement officer, corrections officer, court participant, or
7-11 probation personnel>; <or>
7-12 (x) <(vi)> attempted capital murder; or
7-13 <and>
7-14 (xi) injury to a child or an elderly or
7-15 disabled person;
7-16 (G) the child may be sentenced to commitment to
7-17 the Texas Youth Commission with a transfer to the institutional
7-18 division of the Texas Department of Criminal Justice for a term
7-19 prescribed by Section 54.04(d) of this code if:
7-20 (i) the child is found to have engaged in
7-21 conduct, alleged in a petition approved by a grand jury, that
7-22 violates a penal law of the grade of felony, other than a state
7-23 jail felony;
7-24 (ii) the child has at least two previous
7-25 final adjudications for conduct violating a penal law of the grade
8-1 of felony; and
8-2 (iii) at least one of the previous final
8-3 adjudications described by Subparagraph (ii) of this paragraph is
8-4 for conduct that occurred after the date a previous adjudication
8-5 described by Subparagraph (ii) of this paragraph was rendered, if
8-6 that adjudication became final; and
8-7 (H) the statement must be signed in the presence
8-8 of a magistrate by the child with no law enforcement officer or
8-9 prosecuting attorney present, except that a magistrate may require
8-10 a bailiff or a law enforcement officer if a bailiff is not
8-11 available to be present if the magistrate determines that the
8-12 presence of the bailiff or law enforcement officer is necessary for
8-13 the personal safety of the magistrate or other court personnel,
8-14 provided that the bailiff or law enforcement officer may not carry
8-15 a weapon in the presence of the child. The magistrate must be
8-16 fully convinced that the child understands the nature and contents
8-17 of the statement and that the child is signing the same
8-18 voluntarily. If such a statement is taken, the magistrate shall
8-19 sign a written statement verifying the foregoing requisites have
8-20 been met.
8-21 The child must knowingly, intelligently, and voluntarily
8-22 waive these rights prior to and during the making of the statement
8-23 and sign the statement in the presence of a magistrate who must
8-24 certify that he has examined the child independent of any law
8-25 enforcement officer or prosecuting attorney, except as required to
9-1 ensure the personal safety of the magistrate or other court
9-2 personnel, and has determined that the child understands the nature
9-3 and contents of the statement and has knowingly, intelligently, and
9-4 voluntarily waived these rights.
9-5 (2) it be made orally and the child makes a statement
9-6 of facts or circumstances that are found to be true, which conduct
9-7 tends to establish his guilt, such as the finding of secreted or
9-8 stolen property, or the instrument with which he states the offense
9-9 was committed.
9-10 (3) the statement was res gestae of the delinquent
9-11 conduct or the conduct indicating a need for supervision or of the
9-12 arrest.
9-13 SECTION 7. Subsection (c), Section 51.09, Family Code, as
9-14 amended by Chapters 429 and 557, Acts of the 72nd Legislature,
9-15 Regular Session, 1991, is reenacted and amended to read as follows:
9-16 (c) A warning under Subsection (b)(1)(E), <or> Subsection
9-17 (b)(1)(F), or Subsection (b)(1)(G) of this section is required only
9-18 when applicable to the facts of the case. A failure to warn a
9-19 child under Subsection (b)(1)(E) of this section does not render a
9-20 statement made by the child inadmissible unless the child is
9-21 transferred to a criminal district court under Section 54.02 of
9-22 this code. A failure to warn a child under Subsection (b)(1)(F) or
9-23 Subsection (b)(1)(G) of this section does not render a statement
9-24 made by the child inadmissible unless the state proceeds against
9-25 the child on a petition approved by a grand jury under Section
10-1 53.045 of this code.
10-2 SECTION 8. Subsections (a), (c), and (d), Section 51.12,
10-3 Family Code, are amended to read as follows:
10-4 (a) A person who is under the jurisdiction of the juvenile
10-5 court may <Except after transfer to criminal court for prosecution
10-6 under Section 54.02 of this code, a child shall> not be detained in
10-7 or committed to a compartment of a jail or lockup in which adults
10-8 arrested for, charged with, or convicted of crime are detained or
10-9 committed, nor be permitted contact with such persons. This
10-10 subsection does not apply to a person:
10-11 (1) pending transfer to criminal court for prosecution
10-12 under Section 54.02 of this code, if the person is at least 17
10-13 years of age; or
10-14 (2) who is at least 18 years of age and who has been
10-15 taken into custody after having:
10-16 (A) escaped from a juvenile facility; or
10-17 (B) violated a condition of probation or parole.
10-18 (c) In each county, the judge of the juvenile court and the
10-19 members of the juvenile board shall personally inspect the
10-20 detention facilities at least annually and shall certify in writing
10-21 to the authorities responsible for operating and giving financial
10-22 support to the facilities and to the Texas Juvenile Probation
10-23 Commission that they are suitable or unsuitable for the detention
10-24 of children in accordance with:
10-25 (1) the requirements of Subsection (a) of this
11-1 section;
11-2 (2) the requirements of Subchapter A, Chapter 351,
11-3 Local Government Code, if the detention facility is a county jail;
11-4 and
11-5 (3) recognized professional standards for the
11-6 detention of children deemed appropriate by the board and<, which
11-7 may include> minimum standards promulgated by the Texas Juvenile
11-8 Probation Commission. The juvenile board shall annually provide to
11-9 the Texas Juvenile Probation Commission a copy of the standards
11-10 used under this section.
11-11 (d) A person who is under jurisdiction of a juvenile court
11-12 may not <No child shall> be placed in a facility that has not been
11-13 certified under Subsection (c) of this section as suitable for the
11-14 detention of children. A person <child> detained in violation of
11-15 this subsection is <a facility that has not been certified under
11-16 Subsection (c) of this section as suitable for the detention of
11-17 children shall be> entitled to immediate release from custody in
11-18 that facility.
11-19 SECTION 9. Subsections (b) and (c), Section 51.14, Family
11-20 Code, are amended to read as follows:
11-21 (b) All files and records of a public or private agency or
11-22 institution providing supervision of a child by arrangement of the
11-23 juvenile court or having custody of the child under order of the
11-24 juvenile court are open to inspection only by:
11-25 (1) the professional staff or consultants of the
12-1 agency or institution, including other youth-serving public or
12-2 private agencies with which the agency or institution has entered
12-3 into a confidentiality agreement;
12-4 (2) the judge, probation officers, and professional
12-5 staff or consultants of the juvenile court;
12-6 (3) an attorney for the child;
12-7 (4) with leave of the juvenile court, any other
12-8 person, agency, or institution having a legitimate interest in the
12-9 work of the agency or institution; <or>
12-10 (5) the institutional division of the Texas Department
12-11 of Criminal Justice <Corrections>, the Department of Public Safety,
12-12 and the Texas Juvenile Probation Commission, for the purpose of
12-13 maintaining statistical records of recidivism, and for diagnosis
12-14 and classification; or
12-15 (6) a law-enforcement agency for the purpose of:
12-16 (A) identifying a child taken into custody for
12-17 delinquent conduct or conduct indicating a need for supervision; or
12-18 (B) determining a child's location, status, or
12-19 supervising authority.
12-20 (c) Except as provided by this subsection, law-enforcement
12-21 files and records concerning a child shall be kept separate from
12-22 files and records of arrests of adults. Copies of the
12-23 law-enforcement files and records may <and shall> be maintained
12-24 locally, but the original files and records shall be <on a local
12-25 basis only and not> sent to a central state <or federal> depository
13-1 maintained under Section 51.1501 of this code by the Department of
13-2 Public Safety of the State of Texas. The law-enforcement files and
13-3 records of a person who is transferred from the Texas Youth
13-4 Commission to the institutional division of the Texas Department of
13-5 Criminal Justice <Corrections> under a determinate sentence may be
13-6 transferred to a central state or federal depository for adult
13-7 records on or after the date of transfer. If a child has been
13-8 reported as missing by a parent, guardian, or conservator of that
13-9 child, has escaped from the custody of a juvenile detention
13-10 facility, the Texas Youth Commission, or any other agency to which
13-11 the child has been committed, or is the subject of a bench warrant
13-12 or felony arrest warrant issued by a court after the child has fled
13-13 the jurisdiction of the court, any information or records
13-14 concerning that child may be transferred to and disseminated by the
13-15 Texas Crime Information Center and the National Crime Information
13-16 Center.
13-17 SECTION 10. Subsections (a), (b), (c), (e), and (f), Section
13-18 51.15, Family Code, as amended by Chapters 385, 515, and 576, Acts
13-19 of the 70th Legislature, Regular Session, 1987, are amended to read
13-20 as follows:
13-21 (a) No child may be fingerprinted without the consent of the
13-22 juvenile court except as provided by this subsection or by
13-23 Subsections (f) and (i) of this section. A child's fingerprints
13-24 may be taken and filed by a law-enforcement officer investigating a
13-25 case if<:>
14-1 <(1)> the child is <15 years of age or older and is>
14-2 referred to the juvenile court for conduct that constitutes a <any>
14-3 felony<;> or a misdemeanor punishable by confinement in jail
14-4 <(2) the child is under 15 years of age and is
14-5 referred to the juvenile court for a felony listed in Section
14-6 53.045(a) of this code>.
14-7 (b) Except as provided in Subsections (h) and (i) of this
14-8 section, no child taken into custody may be photographed without
14-9 the consent of the juvenile court unless<:>
14-10 <(1)> the child is <15 years of age or older and is>
14-11 referred to the juvenile court for conduct that constitutes a
14-12 felony<;> or a misdemeanor punishable by confinement in jail
14-13 <(2) the child is under 15 years of age and is
14-14 referred to the juvenile court for a felony listed in Section
14-15 53.045(a) of this code>.
14-16 (c) Except as provided by this subsection, fingerprint and
14-17 photograph files or records of children shall be kept separate
14-18 from those of adults<,> and shall be treated as provided for
14-19 law-enforcement files and records under Section 51.14(c) of this
14-20 code <fingerprints or photographs known to be those of a child
14-21 shall be maintained on a local basis only and not sent to a central
14-22 state or federal depository>. The <However,> fingerprint and
14-23 photograph files or records of a person who is transferred from the
14-24 Texas Youth Commission to the institutional division of the Texas
14-25 Department of Criminal Justice <Corrections> under Section 54.11 of
15-1 this code <a determinate sentence> may be transferred to adult
15-2 records on or after the date of transfer. A person's <If a child
15-3 has been reported as missing by a parent, guardian, or conservator
15-4 of that child or a child has escaped from the custody of a juvenile
15-5 detention facility, the Texas Youth Commission, or any other agency
15-6 to which the child has been committed, the child's> fingerprints
15-7 and photograph may be sent to and indexed into the files of the
15-8 Department of Public Safety and the Federal Bureau of Investigation
15-9 to aid in the location and identification of the person if the
15-10 person:
15-11 (1) is younger than 18 years of age and has been
15-12 reported as missing by a parent, guardian, or conservator of that
15-13 child;
15-14 (2) is a child who has escaped from the custody of a
15-15 juvenile detention facility to which the child has been committed;
15-16 or
15-17 (3) has escaped from the custody of the Texas Youth
15-18 Commission <child>.
15-19 (e) A child's fingerprints and photographs that are not
15-20 transferred under Subsection (c) of this section shall be removed
15-21 from files or records and destroyed if:
15-22 (1) a petition alleging that the child engaged in
15-23 delinquent conduct or conduct indicating a need for supervision is
15-24 not filed, or the proceedings are dismissed after a petition is
15-25 filed, or the child is found not to have engaged in the alleged
16-1 conduct;
16-2 (2) the person reaches 23 <18> years of age<, is not
16-3 subject to commitment to the Texas Youth Commission or to transfer
16-4 under a determinate sentence to the Texas Department of
16-5 Corrections,> and there is no record that the person <he> committed
16-6 a criminal offense after reaching 17 years of age; or
16-7 (3) the person was committed to the Texas Youth
16-8 Commission, the person is at least 23 years of age <older than 18
16-9 years>, at least three years have elapsed after the person's
16-10 release from commitment, and there is no evidence that the person
16-11 <he> committed a criminal offense after the release.
16-12 (f) If latent fingerprints are found during the
16-13 investigation of an offense, and a law-enforcement officer has
16-14 reasonable cause to believe that they are those of a particular
16-15 child, if otherwise authorized by law, he may fingerprint the child
16-16 regardless of the age or offense for purpose of immediate
16-17 comparison with the latent fingerprints. If the comparison is
16-18 negative, the fingerprint card and other copies of the fingerprints
16-19 taken shall be destroyed immediately. If the comparison is
16-20 positive, and the child is referred to the juvenile court, the
16-21 fingerprint card and other copies of the fingerprints taken shall
16-22 be delivered to the court for disposition, except that one copy of
16-23 the fingerprints may be maintained locally as part of the
16-24 law-enforcement files and records for the child under Section
16-25 51.14(c) of this code. If the child is not referred to the court,
17-1 the fingerprint card and other copies of the fingerprints taken
17-2 shall be destroyed immediately.
17-3 SECTION 11. Chapter 51, Family Code, is amended by adding
17-4 Section 51.1501 to read as follows:
17-5 Sec. 51.1501. CENTRAL DEPOSITORY. (a) The department shall
17-6 maintain a central state depository for the files and records of
17-7 persons:
17-8 (1) taken into custody under Section 52.01 for conduct
17-9 constituting:
17-10 (A) a misdemeanor punishable by confinement in
17-11 jail; or
17-12 (B) a felony; and
17-13 (2) referred to juvenile court or who participated in
17-14 an informal adjustment program.
17-15 (b) The department's central depository shall contain:
17-16 (1) arrest records;
17-17 (2) case dispositions;
17-18 (3) fingerprints;
17-19 (4) photographs; and
17-20 (5) other information useful for the investigation and
17-21 prosecution of criminal activity by a criminal combination.
17-22 (c) Records maintained by the department in the depository
17-23 are subject to being sealed under Section 51.16. The department
17-24 shall maintain an index that identifies persons whose records have
17-25 been sealed under Section 51.16 and the court that has custody of
18-1 those records.
18-2 (d) The department may release information maintained under
18-3 this section to the following only:
18-4 (1) a law enforcement agency;
18-5 (2) a juvenile probation department;
18-6 (3) the Department of Protective and Regulatory
18-7 Services;
18-8 (4) the Texas Youth Commission;
18-9 (5) the Texas Juvenile Probation Commission;
18-10 (6) the attorney general;
18-11 (7) the Criminal Justice Policy Council;
18-12 (8) the Texas Department of Criminal Justice;
18-13 (9) an attorney representing a child who is a party to
18-14 a proceeding under this title, if a juvenile court determines that
18-15 the information is:
18-16 (A) material to a proceeding; and
18-17 (B) not privileged under law; or
18-18 (10) a defendant in a criminal proceeding who is:
18-19 (A) the subject of information maintained by the
18-20 department under this section; and
18-21 (B) entitled to the discovery of the information
18-22 under Chapter 39, Code of Criminal Procedure.
18-23 (e) A law enforcement agency or official may use information
18-24 received under Subsection (d) for the following purposes only:
18-25 (1) to identify a child;
19-1 (2) to determine a child's location, status, or
19-2 supervising authority; or
19-3 (3) for investigative or law enforcement purposes.
19-4 (f) An attorney representing a child may use information
19-5 received under Subsection (d) only for the child's defense in a
19-6 proceeding under this title.
19-7 (g) A defendant may use information received under
19-8 Subsection (d) only for the defendant's defense in a criminal
19-9 proceeding.
19-10 (h) In this section:
19-11 (1) "Combination" has the meaning assigned by Section
19-12 71.01, Penal Code.
19-13 (2) "Department" means the Department of Public Safety
19-14 of the State of Texas.
19-15 SECTION 12. Section 51.16, Family Code, is amended by
19-16 amending Subsections (a), (b), (c), (d), and (e) and adding
19-17 Subsections (m), (n), and (o) to read as follows:
19-18 (a) Except as otherwise provided by <Subsection (j) of> this
19-19 section, the juvenile court shall order the sealing of all files
19-20 and records, including records specified in Sections 51.14 and
19-21 51.15 of this code, of a person found to have engaged in delinquent
19-22 conduct or conduct indicating a need for supervision or a person
19-23 taken into custody to determine whether the person engaged in
19-24 delinquent conduct or conduct indicating a need for supervision <on
19-25 the application of a person who has been found to have engaged in
20-1 delinquent conduct or conduct indicating a need for supervision, or
20-2 a person taken into custody to determine whether he engaged in
20-3 delinquent conduct or conduct indicating a need for supervision, or
20-4 on the juvenile court's own motion, the court, after hearing,
20-5 shall order the sealing of the files and records in the case,
20-6 including those specified in Sections 51.14 and 51.15 of this
20-7 code>, if the court finds that:
20-8 (1) two years have elapsed since final discharge of
20-9 the person, or since the last official action in his case if there
20-10 was no adjudication;
20-11 (2) since the time specified in Subdivision (1) of
20-12 this subsection, he has not been convicted of a felony or a
20-13 misdemeanor involving moral turpitude or found to have engaged in
20-14 delinquent conduct or conduct indicating a need for supervision,
20-15 and no proceeding is pending seeking conviction or adjudication;
20-16 and
20-17 (3) it is unlikely the person will engage in further
20-18 delinquent conduct or conduct indicating a need for supervision or
20-19 will commit a felony or a misdemeanor involving moral turpitude.
20-20 (b) Before ordering the sealing of files and records under
20-21 Subsection (a) of this section, the court shall give the person who
20-22 is the subject of the files and records and any interested party
20-23 reasonable notice of the court's intent to seal the files and
20-24 records. An interested party who receives notice under this
20-25 section and who believes that the files and records should not be
21-1 sealed may file a motion with the court for a hearing. On receipt
21-2 of the motion or on the court's own motion, the court shall:
21-3 (1) notify the person who is the subject of the files
21-4 and records of the motion to deny the sealing of the files and
21-5 records;
21-6 (2) notify the appropriate interested parties; and
21-7 (3) schedule a hearing on the issue.
21-8 (c) The court may grant the relief authorized in Subsection
21-9 (a) of this section at any time after final discharge of the person
21-10 or after the last official action in his case if there was no
21-11 adjudication.
21-12 <(c) Reasonable notice of the hearing shall be given to:>
21-13 <(1) the person who made the application or who is the
21-14 subject of the files or records named in the motion;>
21-15 <(2) the prosecuting attorney for the juvenile court;>
21-16 <(3) the authority granting the discharge if the final
21-17 discharge was from an institution or from parole;>
21-18 <(4) the public or private agency or institution
21-19 having custody of files or records named in the application or
21-20 motion; and>
21-21 <(5) the law-enforcement agency having custody of
21-22 files or records named in the application or motion.>
21-23 (d) Copies of the sealing order shall be sent to each agency
21-24 or official <therein> named in the order.
21-25 (e) On entry of the order:
22-1 (1) all law-enforcement, prosecuting attorney, clerk
22-2 of court, and juvenile court files and records ordered sealed shall
22-3 be sent to the court issuing the order;
22-4 (2) all files and records of a public or private
22-5 agency or institution ordered sealed shall be sent to the court
22-6 issuing the order;
22-7 (3) all index references to the files and records
22-8 ordered sealed shall be deleted, except as provided by Subsection
22-9 (n) of this section;
22-10 (4) the juvenile court, clerk of court, prosecuting
22-11 attorney, public or private agency or institution, and
22-12 law-enforcement officers and agencies shall properly reply that no
22-13 record exists with respect to such person upon inquiry in any
22-14 matter; and
22-15 (5) the adjudication shall be vacated and the
22-16 proceeding dismissed and treated for all purposes, including the
22-17 purpose of showing a prior finding of delinquency, as if it had
22-18 never occurred.
22-19 (m) The institutional division of the Texas Department of
22-20 Criminal Justice may petition the juvenile court for copies of the
22-21 sealed files and records of a person in the custody of the
22-22 institutional division. The court may allow the institutional
22-23 division to obtain copies of sealed files and records only if the
22-24 court determines that the files and records contain information
22-25 relevant to the rehabilitation of a person in the custody of the
23-1 institutional division.
23-2 (n) On entry of an order sealing files and records under
23-3 this section, the juvenile court shall notify the Department of
23-4 Public Safety of the State of Texas of the name of the person whose
23-5 files and records are subject to the sealing order for the purposes
23-6 of Section 51.1501(d) of this code.
23-7 (o) In this section, "interested party" means:
23-8 (1) the prosecuting attorney for the juvenile court in
23-9 which the person's case was heard;
23-10 (2) the authority granting discharge of the person if
23-11 the final discharge was from an institution or from parole; or
23-12 (3) a public or private agency or institution,
23-13 including a law-enforcement agency, having custody of files or
23-14 records subject to sealing.
23-15 SECTION 13. Section 51.17, Family Code, is amended to read
23-16 as follows:
23-17 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
23-18 burden of proof to be borne by the state in adjudicating a child to
23-19 be delinquent or in need of supervision under Section 54.03(f) or
23-20 otherwise when in conflict with a provision of this title, the
23-21 Texas Rules of Civil Procedure govern proceedings under this title.
23-22 (b) Discovery in a proceeding under this title is governed
23-23 by the Rules of Criminal Procedure.
23-24 (c) Except as otherwise provided by this title, the Texas
23-25 Rules of Criminal Evidence apply in a judicial proceeding under
24-1 this title. <Particular reference is made to the burden of proof
24-2 to be borne by the state in adjudicating a child to be delinquent
24-3 or in need of supervision (Section 54.03(f)).>
24-4 SECTION 14. Section 53.01, Family Code, is amended to read
24-5 as follows:
24-6 Sec. 53.01. PRELIMINARY INVESTIGATION AND DETERMINATIONS;
24-7 NOTICE TO PARENTS. (a) On referral of a person presumed to be a
24-8 child or the person's <a child's> case to the office or official
24-9 designated by the juvenile court, the intake officer, probation
24-10 officer, or other person authorized by the court shall conduct a
24-11 preliminary investigation to determine whether:
24-12 (1) the person referred to juvenile court is a child
24-13 within the meaning of this title;
24-14 (2) there is probable cause to believe the child
24-15 engaged in delinquent conduct or conduct indicating a need for
24-16 supervision; <and>
24-17 (3) there is reason to believe the child has a mental
24-18 impairment; and
24-19 (4) further proceedings in the case are in the
24-20 interest of the child or the public.
24-21 (b) If it is determined that the person is not a child
24-22 within the meaning of this title because the person is younger than
24-23 age 10, the person shall be referred to the Texas Department of
24-24 Mental Health and Mental Retardation for services to be provided
24-25 pursuant to Section 34.54 of this code.
25-1 (c) If it is determined that<, or> there is no probable
25-2 cause, or further proceedings are not warranted, the child shall
25-3 immediately be released and proceedings terminated.
25-4 (d) <(c)> When custody of a child is given to the office or
25-5 official designated by the juvenile court, the intake officer,
25-6 probation officer, or other person authorized by the court shall
25-7 promptly give notice of the whereabouts of the child and a
25-8 statement of the reason he was taken into custody to the child's
25-9 parent, guardian, or custodian unless the notice given under
25-10 Section 52.02(b) of this code provided fair notice of the child's
25-11 present whereabouts.
25-12 (e) Unless the juvenile board approves a procedure proposed
25-13 by the office of prosecuting attorney and chief juvenile probation
25-14 officer which provides otherwise, if it is determined that the
25-15 person is a child and that there is probable cause to believe the
25-16 child engaged in delinquent conduct of the grade of a felony, the
25-17 case shall be promptly forwarded to the office of the prosecuting
25-18 attorney, accompanied by:
25-19 (1) all documents that accompanied the current
25-20 referral; and
25-21 (2) a summary of all prior referrals of the child to
25-22 the juvenile court, juvenile probation department, or juvenile
25-23 detention facility.
25-24 (f) If a juvenile board adopts an alternative referral plan
25-25 under Subsection (e) of this section, the board shall register the
26-1 plan with the Texas Juvenile Probation Commission.
26-2 SECTION 15. Chapter 53, Family Code, is amended by adding
26-3 Section 53.012 to read as follows:
26-4 Sec. 53.012. REVIEW BY PROSECUTOR. (a) The prosecuting
26-5 attorney shall promptly review the circumstances and allegations of
26-6 a referral made under Section 53.01 for legal sufficiency and the
26-7 desirability of prosecution.
26-8 (b) If the prosecuting attorney does not file a petition
26-9 requesting the adjudication of the child referred to the
26-10 prosecuting attorney, the prosecuting attorney shall:
26-11 (1) terminate all proceedings, if the reason is for
26-12 lack of probable cause; or
26-13 (2) return the referral to the juvenile court for
26-14 further proceedings under this title.
26-15 SECTION 16. The heading of Section 53.045, Family Code, is
26-16 amended to read as follows:
26-17 Sec. 53.045. VIOLENT AND HABITUAL OFFENDER ACT <REFERRAL TO
26-18 GRAND JURY>.
26-19 SECTION 17. Subsection (a), Section 53.045, Family Code, is
26-20 amended to read as follows:
26-21 (a) Except as provided by Subsection (e) of this section,
26-22 the prosecuting attorney may refer the petition to the grand jury
26-23 of the county in which the court in which the petition is filed
26-24 presides if the petition alleges:
26-25 (1) that the child engaged in delinquent conduct that
27-1 included the violation of any of the following provisions of the
27-2 Penal Code:
27-3 (A) <(1)> Section 19.02 (murder);
27-4 (B) <(2)> Section 19.03 (capital murder);
27-5 (C) <(3)> Section 20.04 (aggravated kidnapping);
27-6 (D) <(4)> Section 22.021 (aggravated sexual
27-7 assault);
27-8 (E) Section 29.03 (aggravated robbery);
27-9 (F) Section 22.02 (aggravated assault);
27-10 (G) Section 19.04 (manslaughter);
27-11 (H) Section 49.08 (intoxication manslaughter);
27-12 (I) <(5) Section 22.03 (deadly assault on a law
27-13 enforcement officer, corrections officer, or court participant); or>
27-14 <(6)> Section 15.01 (criminal attempt), if the offense
27-15 attempted was an offense under Section 19.02 (murder) or Section
27-16 19.03 (capital murder); or
27-17 (J) Section 22.04, except state jail felony
27-18 classification (injury to a child, elderly individual, or disabled
27-19 individual); or
27-20 (2) that:
27-21 (A) the child engaged in conduct that violates a
27-22 penal law of the grade of felony, other than a state jail felony;
27-23 (B) the child has at least two previous final
27-24 adjudications for conduct violating a penal law of the grade of
27-25 felony; and
28-1 (C) at least one of the previous final
28-2 adjudications described by Paragraph (B) of this subdivision is for
28-3 conduct that occurred after the date a previous adjudication
28-4 described by Paragraph (B) of this subdivision was rendered, if
28-5 that adjudication became final.
28-6 SECTION 18. Subsections (h) and (i), Section 54.01, Family
28-7 Code, are amended to read as follows:
28-8 (h) A detention order extends to the conclusion of the
28-9 disposition hearing, if there is one, but in no event for more than
28-10 10 working days. Further detention orders may be made following
28-11 subsequent detention hearings. Subsequent detention hearings may
28-12 be waived in accordance with the requirements of Section 51.09 of
28-13 this code, but each detention order shall extend for no more than
28-14 10 working days.
28-15 (i) A child in custody may be detained for as long as 10
28-16 working days without the hearing described in Subsection (a) of
28-17 this section if:
28-18 (1) a written request for shelter in detention
28-19 facilities pending arrangement of transportation to his place of
28-20 residence in another state or country or another county of this
28-21 state is voluntarily executed by the child not later than the next
28-22 working day after he was taken into custody;
28-23 (2) the request for shelter contains:
28-24 (A) a statement by the child that he voluntarily
28-25 agrees to submit himself to custody and detention for a period of
29-1 not longer than 10 working days without a detention hearing;
29-2 (B) an allegation by the person detaining the
29-3 child that the child has left his place of residence in another
29-4 state or country or another county of this state, that he is in
29-5 need of shelter, and that an effort is being made to arrange
29-6 transportation to his place of residence; and
29-7 (C) a statement by the person detaining the
29-8 child that he has advised the child of his right to demand a
29-9 detention hearing under Subsection (a) of this section; and
29-10 (3) the request is signed by the juvenile court judge
29-11 to evidence his knowledge of the fact that the child is being held
29-12 in detention.
29-13 SECTION 19. Chapter 54, Family Code, is amended by adding
29-14 Section 54.011 to read as follows:
29-15 Sec. 54.011. INTERACTIVE RECORDING OF DETENTION HEARING.
29-16 (a) A detention hearing under Section 54.01, other than the first
29-17 detention hearing, may be held using video equipment if:
29-18 (1) the child and the child's attorney agree to the
29-19 video hearing; and
29-20 (2) the parties to the proceeding have the opportunity
29-21 to cross-examine witnesses.
29-22 (b) A detention hearing may not be held using video
29-23 equipment unless the video equipment for the hearing provides for a
29-24 two-way communication of image and sound among the child, the
29-25 court, and other parties at the hearing.
30-1 (c) A recording of the communications shall be made. The
30-2 recording shall be preserved until the earliest of:
30-3 (1) the 91st day after the date on which the recording
30-4 is made if the child is alleged to have engaged in conduct
30-5 constituting a misdemeanor;
30-6 (2) the 120th day after the date on which the
30-7 recording is made if the child is alleged to have engaged in
30-8 conduct constituting a felony; or
30-9 (3) the date on which the adjudication hearing ends.
30-10 (d) An attorney for the child may obtain a copy of the
30-11 recording on payment of the reasonable costs of reproducing the
30-12 copy.
30-13 SECTION 20. Subsections (b), (c), (d), (f), and (g), Section
30-14 54.021, Family Code, are amended to read as follows:
30-15 (b) A justice court may exercise jurisdiction over a person
30-16 <child> alleged to have engaged in conduct indicating a need for
30-17 supervision by engaging in conduct described in Section 51.03(b)(2)
30-18 in a case where the juvenile court has waived its original
30-19 jurisdiction under this section. A justice court may exercise
30-20 jurisdiction under this section without regard to whether the
30-21 justice of the peace for the court is a licensed attorney or the
30-22 hearing for a case is before a jury consisting of six persons.
30-23 (c) On a finding that a person <child> has engaged in
30-24 conduct described by Section 51.03(b)(2), the justice court shall
30-25 enter an order appropriate to the nature of the conduct.
31-1 (d) On a finding by the justice court that the person
31-2 <child> has engaged in truant conduct and that the conduct is of a
31-3 recurrent nature, the court may enter an order that includes one or
31-4 more of the following provisions requiring that:
31-5 (1) the person <child> attend a preparatory class for
31-6 the high school equivalency examination provided under Section
31-7 11.35, Education Code, if the court determines that the person
31-8 <child> is too old to do well in a formal classroom environment;
31-9 (2) the person <child> attend a special program that
31-10 the court determines to be in the best interests of the person
31-11 <child>, including an alcohol and drug abuse program;
31-12 (3) the person <child> and the person's <child's>
31-13 parents, managing conservator, or guardian attend a class for
31-14 students at risk of dropping out of school designed for both the
31-15 person <child> and the person's <child's> parents, managing
31-16 conservator, or guardian;
31-17 (4) the person <child> complete reasonable community
31-18 service requirements;
31-19 (5) the person's <child's> driver's license be
31-20 suspended in the manner provided by Section 54.042 of this code;
31-21 (6) the person <child> attend school without unexcused
31-22 absences; or
31-23 (7) the person <child> participate in a tutorial
31-24 program provided by the school attended by the person <child> in
31-25 the academic subjects in which the person <child> is enrolled for a
32-1 total number of hours ordered by the court.
32-2 (f) A school attendance officer may refer a person <child>
32-3 alleged to have engaged in conduct described in Section 51.03(b)(2)
32-4 of this code to the justice court in the precinct where the person
32-5 <child> resides or in the precinct where the person's <child's>
32-6 school is located if the juvenile court having exclusive original
32-7 jurisdiction has waived its jurisdiction as provided by Subsection
32-8 (a) of this section for all cases involving conduct described by
32-9 Section 51.03(b)(2) of this code.
32-10 (g) A court having jurisdiction under this section shall
32-11 endorse on the summons issued to the parent, guardian, or custodian
32-12 of the person <child> who is the subject of the hearing an order
32-13 directing the parent, guardian, or custodian to appear personally
32-14 at the hearing and directing the person having custody of the
32-15 person <child> to bring the person <child> to the hearing.
32-16 SECTION 21. Subsection (d), Section 54.03, Family Code, is
32-17 amended to read as follows:
32-18 (d) Except as provided by Section 54.031 of this chapter,
32-19 only material, relevant, and competent evidence in accordance with
32-20 the Texas Rules of Criminal Evidence <requirements for the trial of
32-21 civil cases> may be considered in the adjudication hearing. Except
32-22 in a detention or discretionary transfer hearing, a social history
32-23 report or social service file shall not be viewed by the court
32-24 before the adjudication decision and shall not be viewed by the
32-25 jury at any time.
33-1 SECTION 22. Section 54.04, Family Code, is amended by
33-2 amending Subsections (a), (d), (e), (g), (h), and (k) and adding
33-3 Subsection (m) to read as follows:
33-4 (a) The disposition hearing shall be separate, distinct, and
33-5 subsequent to the adjudication hearing. There is no right to a
33-6 jury at the disposition hearing unless the child is in jeopardy of
33-7 a determinate sentence under Subsection (d)(3) or (m) of this
33-8 section, in which case, the child is entitled to a jury of 12
33-9 persons to determine the sentence.
33-10 (d) If the court or jury makes the finding specified in
33-11 Subsection (c) of this section allowing the court to make a
33-12 disposition in the case:
33-13 (1) the court or jury may, in addition to any order
33-14 required or authorized under Section 54.041 or 54.042 of this code,
33-15 place the child on probation on such reasonable and lawful terms as
33-16 the court may determine:
33-17 (A) in his own home or in the custody of a
33-18 relative or other fit person; or
33-19 (B) subject to the finding under Subsection (c)
33-20 of this section on the placement of the child outside the child's
33-21 home, in:
33-22 (i) a suitable foster home; or
33-23 (ii) a suitable public or private
33-24 institution or agency, except the Texas Youth Commission;
33-25 (2) if the court or jury found at the conclusion of
34-1 the adjudication hearing that the child engaged in delinquent
34-2 conduct and if the petition was not approved by the grand jury
34-3 under Section 53.045 of this code, the court may commit the child
34-4 to the Texas Youth Commission without a determinate sentence; <or>
34-5 (3) if the court or jury found at the conclusion of
34-6 the adjudication hearing that the child engaged in delinquent
34-7 conduct that included a violation of a penal law listed in Section
34-8 53.045(a) of this code and if the petition was approved by the
34-9 grand jury under Section 53.045 of this code, the court or jury may
34-10 sentence the child to commitment in the Texas Youth Commission with
34-11 a transfer to the institutional division of the Texas Department of
34-12 Criminal Justice for a <any> term of:
34-13 (A) <years> not more than 60 years or less than
34-14 10 years, if the conduct constitutes a capital felony;
34-15 (B) not more than 40 years or less than 3 years,
34-16 if the conduct constitutes a felony of the first degree;
34-17 (C) not more than 20 years or less than 2 years,
34-18 if the conduct constitutes a felony of the second degree; or
34-19 (D) not more than 10 years or less than 1 year,
34-20 if the conduct constitutes a felony of the third degree; or
34-21 (4) if applicable, the court or jury may make a
34-22 disposition under Subsection (m) of this section <to exceed 40
34-23 years>.
34-24 (e) The Texas Youth Commission shall accept a person <child>
34-25 properly committed to it by a juvenile court even though the person
35-1 <child> may be 17 years of age or older at the time of commitment.
35-2 (g) If the court orders a disposition under Subsection
35-3 (d)(3) or (m) of this section and there is an affirmative finding
35-4 that the defendant used or exhibited a deadly weapon during the
35-5 commission of the conduct or during immediate flight from
35-6 commission of the conduct, the court shall enter the finding in the
35-7 order. If there is an affirmative finding that the deadly weapon
35-8 was a firearm, the court shall enter that finding in the order.
35-9 (h) At the conclusion of the dispositional hearing, the
35-10 court shall inform the child of:
35-11 (1) the child's <his> right to appeal, as required by
35-12 Section 56.01 of this code; and
35-13 (2) the procedures for the sealing of the child's
35-14 records under Section 51.16 of this code.
35-15 (k) The period to which a court or jury may sentence a
35-16 person <child> to commitment to the Texas Youth Commission with a
35-17 transfer to the Texas Department of Criminal Justice under
35-18 Subsection (d)(3) of this section applies without regard to whether
35-19 the person <child> has previously been adjudicated as having
35-20 engaged in delinquent conduct.
35-21 (m) The court or jury may sentence a child adjudicated for
35-22 conduct constituting a felony other than a state jail felony to a
35-23 term prescribed by Subsection (d)(3) of this section if:
35-24 (1) a petition was filed and approved by a grand jury
35-25 under Section 53.045 of this code alleging that:
36-1 (A) the child engaged in the felony conduct;
36-2 (B) the child has at least two previous final
36-3 adjudications for conduct violating a penal law of the grade of
36-4 felony; and
36-5 (C) at least one of the previous adjudications
36-6 is for conduct described by Paragraph (B) of this subdivision that
36-7 occurred after the date a previous adjudication described by
36-8 Paragraph (B) of this subdivision was rendered, if that
36-9 adjudication became final; and
36-10 (2) the court or jury finds beyond a reasonable doubt
36-11 that the allegations described by Subdivision (1) of this
36-12 subsection in the grand jury petition are true.
36-13 SECTION 23. Subsections (b), (c), (d), and (e), Section
36-14 54.041, Family Code, are amended to read as follows:
36-15 (b) If a child is found to have engaged in delinquent
36-16 conduct arising from the commission of an offense in which property
36-17 damage or loss or personal injury occurred, the juvenile court, on
36-18 notice to all persons affected and on hearing, may order the child
36-19 or a parent to make full or partial restitution to the victim of
36-20 the offense. The program of restitution must promote the
36-21 rehabilitation of the child, be appropriate to the age and
36-22 physical, emotional, and mental abilities of the child, and not
36-23 conflict with the child's schooling. When practicable and subject
36-24 to court supervision, the court may approve a restitution program
36-25 based on a settlement between the child and the victim of the
37-1 offense. An order under this subsection may provide for periodic
37-2 payments by the child or a parent of the child for the period
37-3 specified in the order but that period may not extend past the 18th
37-4 birthday of the child.
37-5 (c) In addition to or in lieu of restitution, a juvenile <If
37-6 the child or parent is unable to make full or partial restitution
37-7 or if a restitution order is not appropriate under the
37-8 circumstances, the> court may order a <the> child found to have
37-9 engaged in delinquent conduct to render community service <personal
37-10 services to a charitable or educational institution in the manner
37-11 prescribed in the court order in lieu of restitution>. The court
37-12 may also order under this subsection that the child's parent
37-13 perform community service with the child.
37-14 (d) Restitution under this section is cumulative of any
37-15 other remedy allowed by law and may be used in addition to other
37-16 remedies; except that a victim of an offense is not entitled to
37-17 receive more than actual damages under a juvenile court order.
37-18 (e) A city, town, or county that establishes a program to
37-19 assist children and their parents in rendering community service
37-20 <personal services to a charitable or educational institution> as
37-21 authorized by Subsection (c) of this section <this subsection> may
37-22 purchase insurance policies protecting the city, town, or county
37-23 against claims brought by a person other than the child or the
37-24 child's parent for a cause of action that arises from an act of the
37-25 child or parent while rendering those services. The city, town, or
38-1 county is not liable under this Act to the extent that damages are
38-2 recoverable under a contract of insurance or under a plan of
38-3 self-insurance authorized by statute. The liability of the city,
38-4 town, or county for a cause of action that arises from an action of
38-5 the child or the child's parent while rendering those services may
38-6 not exceed $100,000 to a single person and $300,000 for a single
38-7 occurrence in the case of personal injury or death, and $10,000 for
38-8 a single occurrence of property damage. Liability may not extend
38-9 to punitive or exemplary damages. This subsection does not waive a
38-10 defense, immunity, or jurisdictional bar available to the city,
38-11 town, or county or its officers or employees, nor shall this Act be
38-12 construed to waive, repeal, or modify any provision of Chapter 101,
38-13 Civil Practice and Remedies Code <the Texas Tort Claims Act, as
38-14 amended (Article 6252-19, Vernon's Texas Civil Statutes)>.
38-15 (f) <(c)> A person subject to an order proposed under
38-16 Subsection (a) or (c) of this section is entitled to a hearing on
38-17 the order before the order is entered by the court.
38-18 (g) <(d)> An order made under this section may be enforced
38-19 as provided by Section 54.07 of this code.
38-20 (h) <(e)> If a child is found to have engaged in conduct
38-21 indicating a need for supervision described under Section
38-22 51.03(b)(2) of this code, the court may order the child's parents
38-23 or guardians to attend a class provided under Section 21.035(h),
38-24 Education Code, if the school district in which the child's parents
38-25 or guardians reside offers a class under that section.
39-1 SECTION 24. Chapter 54, Family Code, is amended by adding
39-2 Section 54.051 to read as follows:
39-3 Sec. 54.051. MODIFICATION OF DISPOSITION AFTER COMMITMENT.
39-4 (a) The juvenile court may modify under this section a disposition
39-5 of a child committed to the Texas Youth Commission only if the
39-6 child was:
39-7 (1) committed to the Texas Youth Commission under
39-8 Section 54.04; and
39-9 (2) returned from the Texas Youth Commission to the
39-10 juvenile court under Section 54.12.
39-11 (b) On return of the child to the court under this section,
39-12 the court may modify the disposition in a manner the court
39-13 determines appropriate to the circumstances and needs of the child,
39-14 including placing the child on probation under Section 54.04(d)(1).
39-15 SECTION 25. Chapter 54, Family Code, is amended by adding
39-16 Section 54.055 to read as follows:
39-17 Sec. 54.055. CLERK TO SUBMIT DISPOSITION INFORMATION. Not
39-18 later than the 60th day after the date an order is entered in the
39-19 disposition of a case under Section 54.04 or 54.05, the clerk of
39-20 the court that issued the order shall transmit to the Department of
39-21 Public Safety of the State of Texas information relating to the
39-22 disposition of the case. The clerk shall include:
39-23 (1) the name of the child;
39-24 (2) the names of the child's parents or guardian;
39-25 (3) a description of the conduct for which the child
40-1 was adjudicated; and
40-2 (4) the disposition made in the case.
40-3 SECTION 26. Section 54.11, Family Code, is amended to read
40-4 as follows:
40-5 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
40-6 a referral <notice required> under Section 61.079(a), Human
40-7 Resources Code, for <of> the transfer to the institutional division
40-8 of the Texas Department of Criminal Justice <Corrections> of a
40-9 person committed to the Texas Youth Commission under Section
40-10 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
40-11 receipt of a request by the commission under Section 61.081(f),
40-12 Human Resources Code, for approval of the release under supervision
40-13 of a person committed to the commission under Section 54.04(d)(3),
40-14 54.04(m), or 54.05(f) <a determinate sentence>, the court shall set
40-15 a time and place for a hearing on the release of the person.
40-16 (b) The court shall notify the following of the time and
40-17 place of the hearing:
40-18 (1) the person to be transferred or released under
40-19 supervision;
40-20 (2) the parents of the person;
40-21 (3) any legal custodian of the person, including the
40-22 Texas Youth Commission;
40-23 (4) the office of the prosecuting attorney that
40-24 represented the state in the juvenile delinquency proceedings;
40-25 (5) the victim of the offense that was included in the
41-1 delinquent conduct that was a ground for the disposition, or a
41-2 member of the victim's family; and
41-3 (6) any other person who has filed a written request
41-4 with the court to be notified of a release hearing with respect to
41-5 the person to be transferred or released under supervision.
41-6 (c) Except for the person to be transferred or released
41-7 under supervision and the prosecuting attorney, the failure to
41-8 notify a person listed in Subsection (b) of this section does not
41-9 affect the validity of a <release> hearing conducted or <a release>
41-10 determination made under this section if the record in the case
41-11 reflects that the whereabouts of the persons who did not receive
41-12 notice were unknown to the court and a reasonable effort was made
41-13 by the court to locate those persons.
41-14 (d) At a <release> hearing under this section the court may
41-15 consider written reports from probation officers, professional
41-16 court employees, or professional consultants, in addition to the
41-17 testimony of witnesses. At least one day before the <release>
41-18 hearing, the court shall provide the attorney for the person to be
41-19 transferred or released under supervision with access to all
41-20 written matter to be considered by the court.
41-21 (e) At the <any release> hearing, the person to be
41-22 transferred or released under supervision is entitled to an
41-23 attorney, to examine all witnesses against him, to present
41-24 evidence and oral argument, and to previous examination of all
41-25 reports on and evaluations and examinations of or relating to him
42-1 that may be used in the hearing.
42-2 (f) A <release> hearing under this section is open to the
42-3 public unless the person to be transferred or released under
42-4 supervision waives a public hearing with the consent of his
42-5 attorney and the court.
42-6 (g) A <release> hearing under this section must be recorded
42-7 by a court reporter or by audio or video tape recording, and the
42-8 record of the hearing must be retained by the court for at least
42-9 two years after the date of the final determination on the transfer
42-10 or release of the person by the court.
42-11 (h) The <release> hearing on a person who is referred for
42-12 <the subject of a notice of> transfer under Section 61.079(a),
42-13 Human Resources Code, shall <must> be held not later than the 60th
42-14 day after the date the court receives the referral <before 30 days
42-15 before the person's 18th birthday>.
42-16 (i) On conclusion of the <release> hearing on a person who
42-17 is referred for <the subject of a notice of> transfer under Section
42-18 61.079(a), Human Resources Code, the court may order:
42-19 (1) the return <recommitment> of the person to the
42-20 Texas Youth Commission <without a determinate sentence>; or
42-21 (2) the transfer of the person to the custody of the
42-22 institutional division of the Texas Department of Criminal Justice
42-23 for the completion of the person's <determinate> sentence<; or>
42-24 <(3) the final discharge of the person>.
42-25 (j) On conclusion of the hearing on a person who is referred
43-1 for release under supervision under Section 61.081(f), Human
43-2 Resources Code, the court may order the return of the person to the
43-3 Texas Youth Commission:
43-4 (1) with approval for the release of the person under
43-5 supervision; or
43-6 (2) without approval for the release of the person
43-7 under supervision.
43-8 (k) In making a determination under this section, the court
43-9 may consider the experiences and character of the person before and
43-10 after commitment to the youth commission, the nature of the penal
43-11 offense that the person was found to have committed and the manner
43-12 in which the offense was committed, the abilities of the person to
43-13 contribute to society, the protection of the victim of the offense
43-14 or any member of the victim's family, the recommendations of the
43-15 youth commission and prosecuting attorney, the best interests of
43-16 the person, and any other factor relevant to the issue to be
43-17 decided.
43-18 SECTION 27. Chapter 54, Family Code, is amended by adding
43-19 Section 54.12 to read as follows:
43-20 Sec. 54.12. CRISIS POPULATION RELIEF TO ENSURE
43-21 LENGTH-OF-STAY MANDATES. (a) Except as provided by Subsection
43-22 (c), the Texas Youth Commission shall return a child to the
43-23 juvenile court that entered the order committing the child for
43-24 further proceedings under Section 54.051 when the number of
43-25 children committed to the commission exceeds the targeted level of
44-1 new commitments. The Texas Youth Commission shall immediately
44-2 notify the Texas Juvenile Probation Commission whenever the number
44-3 of commitments is less than 50 commitments below the targeted
44-4 level.
44-5 (b) The return of a child to the juvenile court by the Texas
44-6 Youth Commission under this section shall be made after an
44-7 evaluation of the seriousness of the child's adjudicated conduct.
44-8 The commission shall give priority to returning children to the
44-9 juvenile court whose adjudicated conduct constitutes a violation of
44-10 the least serious penal laws.
44-11 (c) The Texas Youth Commission may not return a child to the
44-12 juvenile court under this section if the child is committed or
44-13 sentenced to commitment for delinquent conduct prescribed by
44-14 Section 53.045(a).
44-15 (d) In this section:
44-16 (1) "Return of a child to the juvenile court" means a
44-17 child committed to the Texas Youth Commission after the statewide
44-18 cumulative total of actual commitments for any of the first six
44-19 months of the state fiscal year exceeds the targeted level by 50
44-20 commitments or, at any point during the year, exceeds the targeted
44-21 level by 100 commitments.
44-22 (2) "Targeted level of new commitments" means the key
44-23 performance target for annual commitments to the commission under
44-24 the General Appropriations Act for the Texas Juvenile Probation
44-25 Commission, projected by month to obtain a cumulative monthly
45-1 comparison with the number of actual commitments.
45-2 SECTION 28. Section 57.002, Family Code, is amended to read
45-3 as follows:
45-4 Sec. 57.002. VICTIM'S RIGHTS. A victim, guardian of a
45-5 victim, or close relative of a deceased victim is entitled to the
45-6 following rights within the juvenile justice system:
45-7 (1) the right to receive from law enforcement agencies
45-8 adequate protection from harm and threats of harm arising from
45-9 cooperation with prosecution efforts;
45-10 (2) the right to have the court or person appointed by
45-11 the court take the safety of the victim or the victim's family into
45-12 consideration as an element in determining whether the child should
45-13 be detained before the child's conduct is adjudicated;
45-14 (3) the right, if requested, to be informed of
45-15 relevant court proceedings and to be informed in a timely manner if
45-16 those court proceedings have been canceled or rescheduled;
45-17 (4) the right to be informed, when requested, by the
45-18 court or a person appointed by the court concerning the procedures
45-19 in the juvenile justice system, including general procedures
45-20 relating to the preliminary investigation and informal adjustment
45-21 of a case;
45-22 (5) the right to provide pertinent information to a
45-23 juvenile court conducting a disposition hearing concerning the
45-24 impact of the offense on the victim and the victim's family by
45-25 testimony, written statement, or any other manner before the court
46-1 renders its disposition;
46-2 (6) the right to receive information regarding
46-3 compensation to victims as provided by the Crime Victims
46-4 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
46-5 including information related to the costs that may be compensated
46-6 under that Act and the amount of compensation, eligibility for
46-7 compensation, and procedures for application for compensation under
46-8 that Act, the payment of medical expenses under Section 1, Chapter
46-9 299, Acts of the 63rd Legislature, Regular Session, 1973 (Article
46-10 4447m, Vernon's Texas Civil Statutes), for a victim of a sexual
46-11 assault, and when requested, to referral to available social
46-12 service agencies that may offer additional assistance;
46-13 (7) the right to be informed, upon request, of
46-14 procedures for release under supervision, to participate in the
46-15 release process, to be notified, if requested, of release
46-16 proceedings concerning the person <child>, to provide to the Texas
46-17 Youth Commission for inclusion in the person's <child's> file
46-18 information to be considered by the commission before the release
46-19 under supervision of the person <child>, and to be notified, if
46-20 requested, of the person's <child's> release;
46-21 (8) the right to be provided with a waiting area,
46-22 separate or secure from other witnesses, including the child
46-23 alleged to have committed the conduct and relatives of the child,
46-24 before testifying in any proceeding concerning the child, or, if a
46-25 separate waiting area is not available, other safeguards should be
47-1 taken to minimize the victim's contact with the child and the
47-2 child's relatives and witnesses, before and during court
47-3 proceedings;
47-4 (9) the right to prompt return of any property of the
47-5 victim that is held by a law enforcement agency or the attorney for
47-6 the state as evidence when the property is no longer required for
47-7 that purpose;
47-8 (10) the right to have the attorney for the state
47-9 notify the employer of the victim, if requested, of the necessity
47-10 of the victim's cooperation and testimony in a proceeding that may
47-11 necessitate the absence of the victim from work for good cause; and
47-12 (11) the right to be present at all public court
47-13 proceedings related to the conduct of the child, subject to the
47-14 approval of the court.
47-15 SECTION 29. Section 61.079, Human Resources Code, is amended
47-16 to read as follows:
47-17 Sec. 61.079. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
47-18 TRANSFER <REVIEW>. (a) After a child sentenced to commitment to
47-19 the commission under Section 54.04(d)(3), 54.04(m), or 54.05(f),
47-20 Family Code, becomes 16 years of age but before the child becomes
47-21 21 years of age, the commission may refer the child to the juvenile
47-22 court that entered the order of commitment for approval of the
47-23 child's transfer to the institutional division of the Texas
47-24 Department of Criminal Justice if:
47-25 (1) the child has not completed the sentence; and
48-1 (2) the child's conduct, regardless of whether the
48-2 child was released under supervision under Section 61.081,
48-3 indicates that the welfare of the community requires the transfer
48-4 <During the sixth month before the month in which a person
48-5 committed to the commission under a determinate sentence becomes 18
48-6 years old, the commission shall send to the juvenile court that
48-7 entered the order of commitment a notice of the person's transfer
48-8 to the Texas Department of Corrections if:>
48-9 <(1) the person will not have completed the sentence
48-10 before the person's 18th birthday; and>
48-11 <(2) the person has not been finally released by the
48-12 commission with the approval of the juvenile court that entered the
48-13 order of commitment>.
48-14 (b) The commission shall cooperate with the court on any
48-15 proceeding on the transfer <release> of the child <a person>.
48-16 SECTION 30. Subsections (f) and (g), Section 61.081, Human
48-17 Resources Code, are amended to read as follows:
48-18 (f) If a child <under the age of 18> is committed to the
48-19 commission under <a determinate sentence under> Section
48-20 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
48-21 the commission may not release the child under supervision without
48-22 approval of the juvenile court that entered the order of commitment
48-23 unless the child has served at least:
48-24 (1) 10 years, if the child was sentenced to commitment
48-25 for conduct constituting capital murder;
49-1 (2) 3 years, if the child was sentenced to commitment
49-2 for conduct constituting a felony of the first degree;
49-3 (3) 2 years, if the child was sentenced to commitment
49-4 for conduct constituting a felony of the second degree; or
49-5 (4) 1 year, if the child was sentenced to commitment
49-6 for conduct constituting a felony of the third degree.
49-7 (g) The commission may request the approval of the court
49-8 under this section at any time.
49-9 (h) <(g)> If the commission finds that a child has violated
49-10 an order under which the child is released under supervision, on
49-11 notice by any reasonable method to all persons affected, the
49-12 commission may order the child:
49-13 (1) to return to an institution;
49-14 (2) if the violation resulted in property damage or
49-15 personal injury:
49-16 (A) to make full or partial restitution to the
49-17 victim of the offense; or
49-18 (B) if the child is financially unable to make
49-19 full or partial restitution, to perform services for a charitable
49-20 or educational institution; or
49-21 (3) to comply with any other conditions the commission
49-22 considers appropriate.
49-23 SECTION 31. Section 61.084, Human Resources Code, is amended
49-24 to read as follows:
49-25 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
50-1 provided by Subsections (b) and (c), if a person is committed to
50-2 the commission under a determinate sentence under Section
50-3 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
50-4 the commission may not discharge the person from its custody
50-5 <before the person's 18th birthday without the approval of the
50-6 juvenile court that entered the order of commitment>.
50-7 (b) The commission shall discharge without a court hearing
50-8 a person committed to it for a determinate sentence under Section
50-9 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
50-10 who has not been transferred to the institutional division of the
50-11 Texas Department of Criminal Justice <or discharged> under a court
50-12 order on the date that the time spent by the person in detention in
50-13 connection with the committing case plus the time spent at the
50-14 Texas Youth Commission under the order of commitment equals the
50-15 period of the determinate sentence.
50-16 (c) The commission shall transfer to the institutional
50-17 division of the Texas Department of Criminal Justice a person who
50-18 is the subject of an order under Section 54.11(i)(2), Family Code,
50-19 transferring the person to the custody of the institutional
50-20 division of the Texas Department of Criminal Justice for the
50-21 completion of the person's determinate sentence.
50-22 (d) The commission shall transfer a person sentenced to
50-23 commitment for delinquent conduct constituting the offense of
50-24 capital murder to the institutional division of the Texas
50-25 Department of Criminal Justice on the person's 21st birthday to
51-1 serve at least the remainder of the minimum mandatory sentence if
51-2 the person has not:
51-3 (1) served at least 10 years of the person's sentence;
51-4 or
51-5 (2) been transferred or released under supervision by
51-6 court order.
51-7 (e) Except as provided by Subsection (f), the <The>
51-8 commission shall discharge from its custody a person not already
51-9 discharged or transferred on the person's 21st birthday.
51-10 (f) The commission may transfer a person who has been
51-11 sentenced to commitment under Section 54.04(d)(3), 54.04(m), or
51-12 54.05(f), Family Code, or who has been returned to the commission
51-13 under Section 54.11(i)(1), Family Code, to the custody of the
51-14 pardons and paroles division of the Texas Department of Criminal
51-15 Justice on the person's 21st birthday, if the person has not
51-16 already been discharged or transferred, to serve the remainder of
51-17 the person's sentence on parole as provided by Section 29, Article
51-18 42.18, Code of Criminal Procedure.
51-19 SECTION 32. Subchapter G, Chapter 61, Human Resources Code,
51-20 is amended by adding Section 61.0911 to read as follows:
51-21 Sec. 61.0911. COORDINATED STRATEGIC PLAN. The commission
51-22 shall biennially develop with the Texas Juvenile Probation
51-23 Commission a coordinated strategic plan as required by Section
51-24 141.0471.
51-25 SECTION 33. Subchapter C, Chapter 141, Human Resources Code,
52-1 is amended by adding Section 141.0471 to read as follows:
52-2 Sec. 141.0471. COORDINATED STRATEGIC PLAN FOR JUVENILE
52-3 JUSTICE SYSTEM. (a) The commission and the Texas Youth Commission
52-4 shall biennially develop a coordinated strategic plan which shall
52-5 guide, but not substitute for, the strategic plans developed
52-6 individually by the agencies.
52-7 (b) The plan shall:
52-8 (1) identify short-term and long-term policy goals;
52-9 (2) identify time frames and strategies for meeting
52-10 the goals identified under Subdivision (1);
52-11 (3) estimate population projections, including
52-12 projections of population characteristics;
52-13 (4) estimate short-term and long-term capacity,
52-14 programmatic, and funding needs;
52-15 (5) describe intensive service and surveillance parole
52-16 pilot programs to be jointly developed;
52-17 (6) include an evaluation of aftercare services
52-18 emphasizing concrete outcome measures, including recidivism and
52-19 educational progress;
52-20 (7) identify objective criteria for the various
52-21 decision points throughout the continuum of juvenile justice
52-22 services and sanctions to guard against disparate treatment of
52-23 minority youth; and
52-24 (8) identify cross-agency outcome measures by which to
52-25 evaluate the effectiveness of the system generally.
53-1 (c) Each agency shall by rule adopt the coordinated
53-2 strategic plan on or before December 1st of each odd-numbered year,
53-3 or before the adoption of the agencies' individual strategic plans,
53-4 whichever is earlier.
53-5 SECTION 34. Section 141.042, Human Resources Code, is
53-6 amended to read as follows:
53-7 Sec. 141.042. RULES GOVERNING JUVENILE BOARDS, PROBATION
53-8 DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES.
53-9 (a) The commission shall adopt reasonable rules that provide:
53-10 (1) minimum standards for personnel, staffing, case
53-11 loads, programs, facilities, record keeping, equipment, and other
53-12 aspects of the operation of a juvenile board that are necessary to
53-13 provide adequate and effective probation services;
53-14 (2) a code of ethics for probation officers and for
53-15 the enforcement of that code;
53-16 (3) appropriate educational, preservice and in-service
53-17 training, and certification standards for probation officers or
53-18 court-supervised community-based program personnel; and
53-19 (4) minimum standards for juvenile detention
53-20 facilities.
53-21 (b) In adopting the rules prescribed by Subsection (a), the
53-22 commission shall consider local information and evidence gathered
53-23 through public review and comment.
53-24 (c) The commission at least annually shall determine whether
53-25 each juvenile detention facility, including locally operated
54-1 post-adjudication facilities, is in compliance with the
54-2 commission's minimum standards. This subsection applies to
54-3 facilities used to detain a child before, during, and after the
54-4 adjudication of the child.
54-5 (d) The commission shall adopt guidelines for the informal
54-6 adjustment process prescribed by Section 53.03, Family Code, and
54-7 monitor informal adjustment programs established by juvenile boards
54-8 under Section 152.0007, Human Resources Code, for compliance with
54-9 the minimum standards.
54-10 (e) The commission shall develop for voluntary use by
54-11 juvenile probation departments a standard assessment tool for the
54-12 initial assessment of children under the jurisdiction of probation
54-13 departments. The commission shall give priority to training in the
54-14 use of this tool in any preservice or in-service training that the
54-15 commission provides for probation officers. The assessment tool
54-16 shall:
54-17 (1) facilitate assessment of a child's mental health,
54-18 family background, and level of education; and
54-19 (2) assist juvenile probation departments in
54-20 determining when a child in the department's jurisdiction is in
54-21 need of comprehensive psychological or other evaluation.
54-22 (f) The commission shall monitor compliance with alternative
54-23 referral programs adopted by juvenile boards under Section 53.01,
54-24 Family Code.
54-25 SECTION 35. Subchapter C, Chapter 141, Human Resources Code,
55-1 is amended by adding Section 141.0421 to read as follows:
55-2 Sec. 141.0421. REPORT TO LEGISLATURE. (a) Not later than
55-3 January 31, 1997, the commission shall report to the legislature
55-4 the commission's recommendations for improving the ability of the
55-5 commission to enforce compliance with the commission's minimum
55-6 standards for juvenile detention and other locally operated
55-7 detention facilities.
55-8 (b) The commission's report under Subsection (a) shall also
55-9 address the constitutional adequacy of juvenile detention
55-10 facilities and any other relevant issue pertaining to the health
55-11 and safety of persons detained in the facilities.
55-12 (c) In addition to the report required under Subsection (a),
55-13 the commission shall cooperate with the Texas Youth Commission in
55-14 developing a plan for the implementation of an intermediate
55-15 sanctions program for the commission's report required by law.
55-16 (d) This section expires September 1, 1997.
55-17 SECTION 36. Subsection (a), Section 141.085, Human Resources
55-18 Code, is amended to read as follows:
55-19 (a) The commission shall refuse, reduce, or suspend payment
55-20 of state aid to:
55-21 (1) a juvenile board that fails to comply with the
55-22 commission's rules or fails to maintain local financial support; or
55-23 (2) a county that fails to comply with the minimum
55-24 standards for juvenile detention and other locally operated
55-25 detention facilities adopted by the commission under Section
56-1 141.042.
56-2 SECTION 37. Section 152.0007, Human Resources Code, is
56-3 amended to read as follows:
56-4 Sec. 152.0007. DUTIES. (a) The juvenile board shall:
56-5 (1) establish a juvenile probation department and
56-6 employ personnel to conduct probation services, including a chief
56-7 probation officer and, if more than one officer is necessary,
56-8 assistant officers, who meet the standards set by the Texas
56-9 Juvenile Probation Commission; and
56-10 (2) operate or supervise juvenile services in the
56-11 county and make recommendations as to the need for and purchase of
56-12 services.
56-13 (b) The juvenile board shall establish guidelines for the
56-14 appropriate use of the informal adjustment process prescribed by
56-15 Section 53.03, Family Code, for children referred to juvenile court
56-16 for delinquent conduct or conduct indicating a need for
56-17 supervision. The guidelines shall prescribe the range of conduct
56-18 suitable for informal adjustment. In establishing guidelines under
56-19 this subsection, the board shall provide a continuum of progressive
56-20 sanctions and effectively address each incident of misconduct by a
56-21 child who participates in informal adjustment. The board is
56-22 encouraged to seek community assistance in the operation of an
56-23 informal adjustment program.
56-24 (c) The juvenile board shall establish guidelines for the
56-25 initial assessment of a child by the juvenile probation department.
57-1 The guidelines shall provide a means for assessing a child's mental
57-2 health status, family background, and level of education. The
57-3 guidelines shall assist the probation department in determining
57-4 whether a comprehensive psychological evaluation of the child
57-5 should be conducted. The board shall require that probation
57-6 department personnel use assessment information compiled by the
57-7 child's school, if the information is available, before conducting
57-8 a comprehensive psychological evaluation of the child. The board
57-9 may adopt all or part of the Texas Juvenile Probation Commission's
57-10 minimum standards for assessment under Section 141.042 in complying
57-11 with this subsection.
57-12 SECTION 38. Subsection (a), Section 461.012, Health and
57-13 Safety Code, is amended to read as follows:
57-14 (a) The commission shall:
57-15 (1) provide for research and study of the problems of
57-16 chemical dependency in this state and seek to focus public
57-17 attention on those problems through public information and
57-18 education programs;
57-19 (2) plan, develop, coordinate, evaluate, and implement
57-20 constructive methods and programs for the prevention, intervention,
57-21 treatment, and rehabilitation of chemical dependency in cooperation
57-22 with federal and state agencies, local governments, organizations,
57-23 and persons, and provide technical assistance, funds, and
57-24 consultation services for statewide and community-based services;
57-25 (3) cooperate with and enlist the assistance of:
58-1 (A) other state, federal, and local agencies;
58-2 (B) hospitals and clinics;
58-3 (C) public health, welfare, and criminal justice
58-4 system authorities;
58-5 (D) educational and medical agencies and
58-6 organizations; and
58-7 (E) other related public and private groups and
58-8 persons;
58-9 (4) do everything within its authority to expand
58-10 chemical dependency services for children, including children who
58-11 have engaged in conduct described by Section 51.03, Family Code,
58-12 <when funds are available> because of the long-term benefits of
58-13 those services to the state and its citizens, making expansion of
58-14 such services a priority of the commission;
58-15 (5) sponsor, promote, and conduct educational programs
58-16 on the prevention and treatment of chemical dependency, and
58-17 maintain a public information clearinghouse to purchase and provide
58-18 books, literature, audiovisuals, and other educational material for
58-19 the programs;
58-20 (6) sponsor, promote, and conduct training programs
58-21 for persons delivering prevention, intervention, treatment, and
58-22 rehabilitation services and for persons in the criminal justice
58-23 system or otherwise in a position to identify chemically dependent
58-24 persons and their families in need of service;
58-25 (7) require programs rendering services to chemically
59-1 dependent persons to safeguard those persons' legal rights of
59-2 citizenship and maintain the confidentiality of client records as
59-3 required by state and federal law;
59-4 (8) maximize the use of available funds for direct
59-5 services rather than administrative services;
59-6 (9) consistently monitor the expenditure of funds and
59-7 the provision of services by all grant and contract recipients to
59-8 assure that the services are effective and properly staffed and
59-9 meet the standards adopted under this chapter;
59-10 (10) make the monitoring reports prepared under
59-11 Subdivision (9) a matter of public record;
59-12 (11) license treatment facilities under Chapter 464;
59-13 (12) use funds appropriated to the commission to carry
59-14 out this chapter and maximize the overall state allotment of
59-15 federal funds;
59-16 (13) develop and implement policies that will provide
59-17 the public with a reasonable opportunity to appear before the
59-18 commission and to speak on any issue under the commission's
59-19 jurisdiction;
59-20 (14) establish minimum criteria that peer assistance
59-21 programs must meet to be governed by and entitled to the benefits
59-22 of a law that authorizes licensing and disciplinary authorities to
59-23 establish or approve peer assistance programs for impaired
59-24 professionals;
59-25 (15) adopt rules governing the functions of the
60-1 commission, including rules that prescribe the policies and
60-2 procedures followed by the commission in administering any
60-3 commission programs; <and>
60-4 (16) plan, develop, coordinate, evaluate, and
60-5 implement constructive methods and programs to provide healthy
60-6 alternatives for youth at risk of selling controlled substances;<.>
60-7 (17) develop, in coordination with the Texas Juvenile
60-8 Probation Commission and the Texas Youth Commission, a database
60-9 containing information about the prevalence and nature of substance
60-10 abuse among children who have engaged in conduct described by
60-11 Section 51.03, Family Code; and
60-12 (18) <(16)> submit to the federal government reports
60-13 and strategies necessary to comply with Section 1926 of the federal
60-14 Alcohol, Drug Abuse, and Mental Health Administration
60-15 Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26);
60-16 reports and strategies are to be coordinated with appropriate state
60-17 governmental entities.
60-18 SECTION 39. Article 42.18, Code of Criminal Procedure, is
60-19 amended by adding Section 29 to read as follows:
60-20 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
60-21 the 90th day before the date the Texas Youth Commission transfers a
60-22 person to the custody of the pardons and paroles division for
60-23 release on parole under Section 61.084(f), Human Resources Code,
60-24 the commission shall submit to the board all pertinent information
60-25 relating to the person, including:
61-1 (1) the juvenile court judgment;
61-2 (2) the circumstances of the person's offense;
61-3 (3) the person's previous social history and juvenile
61-4 court records;
61-5 (4) the person's physical and mental health record;
61-6 (5) a record of the person's conduct, employment
61-7 history, and attitude while committed to the commission;
61-8 (6) a record of the sentence time served by the person
61-9 at the commission; and
61-10 (7) any written comments or information provided by
61-11 the commission, local officials, or victims of the offense.
61-12 (b) Before the release of the person on parole, a parole
61-13 panel shall review the person's records and may interview the
61-14 person or any other person the panel considers necessary to
61-15 determine the conditions of parole. The panel may impose any
61-16 reasonable condition of parole on the person that the panel may
61-17 impose on an adult prisoner under this article.
61-18 (c) The parole panel shall furnish the person with a
61-19 contract clearly describing the conditions and rules of parole.
61-20 The person must accept and sign the contract as a precondition to
61-21 release on parole.
61-22 (d) While on parole, the person remains in the legal custody
61-23 of the state and shall comply with the conditions of parole ordered
61-24 by a parole panel under this section.
61-25 (e) The period of parole for a person released to parole
62-1 under this section is the maximum term for which the person was
62-2 sentenced less calendar time actually served at the Texas Youth
62-3 Commission.
62-4 (f) If a parole panel revokes the person's parole, the panel
62-5 may require the person to serve the portion remaining of the
62-6 person's sentence in the institutional division. The remaining
62-7 portion of the person's sentence is computed without credit for the
62-8 time from the date of the person's release to the date of
62-9 revocation. The panel may not recommit the person to the Texas
62-10 Youth Commission.
62-11 (g) For purposes of this article, a person released from the
62-12 Texas Youth Commission on parole under this section is considered
62-13 to have been convicted of the offense for which the person has been
62-14 adjudicated.
62-15 SECTION 40. Subsection (b), Section 8.07, Penal Code, is
62-16 amended to read as follows:
62-17 (b) Unless the juvenile court waives jurisdiction under
62-18 Section 54.02, Family Code, and certifies the individual for
62-19 criminal prosecution or the juvenile court has previously waived
62-20 jurisdiction under Section 54.02, Family Code, and certified the
62-21 individual for criminal prosecution, and the individual is not
62-22 subject to the jurisdiction of a juvenile court under Section
62-23 51.036(b), Family Code, a person may not be prosecuted for or
62-24 convicted of any offense committed before reaching 17 years of age
62-25 except:
63-1 (1) perjury and aggravated perjury when it appears by
63-2 proof that he had sufficient discretion to understand the nature
63-3 and obligation of an oath;
63-4 (2) a violation of a penal statute cognizable under
63-5 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
63-6 (Article 6701l-4, Vernon's Texas Civil Statutes), except conduct
63-7 which violates the laws of this state prohibiting driving while
63-8 intoxicated or under the influence of intoxicating liquor (first or
63-9 subsequent offense) or driving while under the influence of any
63-10 narcotic drug or of any other drug to a degree which renders him
63-11 incapable of safely driving a vehicle (first or subsequent
63-12 offense);
63-13 (3) a violation of a motor vehicle traffic ordinance
63-14 of an incorporated city or town in this state;
63-15 (4) a misdemeanor punishable by fine only other than
63-16 public intoxication; or
63-17 (5) a violation of a penal ordinance of a political
63-18 subdivision.
63-19 SECTION 41. Section 413.009, Government Code, is amended to
63-20 read as follows:
63-21 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
63-22 its duties the policy council shall:
63-23 (1) conduct an in-depth analysis of the criminal
63-24 justice system;
63-25 (2) determine the long-range needs of the criminal
64-1 justice system and recommend policy priorities for the system;
64-2 (3) identify critical problems in the criminal justice
64-3 system and recommend strategies to solve those problems;
64-4 (4) assess the cost-effectiveness of the use of state
64-5 and local funds in the criminal justice system;
64-6 (5) recommend means to improve the deterrent and
64-7 rehabilitative capabilities of the criminal justice system;
64-8 (6) advise and assist the legislature in developing
64-9 plans, programs, and proposed legislation for improving the
64-10 effectiveness of the criminal justice system;
64-11 (7) make computations of daily costs and compare
64-12 interagency costs on services provided by agencies that are a part
64-13 of the criminal justice system;
64-14 (8) make population computations for use in planning
64-15 for the long-range needs of the criminal justice system;
64-16 (9) determine long-range information needs of the
64-17 criminal justice system and acquire that information; and
64-18 (10) engage in other activities consistent with the
64-19 responsibilities of the policy council.
64-20 (b) In addition to the policy council's duties under
64-21 Section 413.008 and Subsection (a) of this section, the policy
64-22 council may perform any function described in Subsection (a) to
64-23 promote an effective and cohesive juvenile justice system.
64-24 SECTION 42. This Act takes effect September 1, 1995.
64-25 SECTION 43. (a) The change in law made by this Act applies
65-1 only to conduct that occurs on or after the effective date of this
65-2 Act. Conduct violating a penal law of the state occurs on or after
65-3 the effective date of this Act if every element of the violation
65-4 occurs on or after that date.
65-5 (b) Conduct that occurs before the effective date of this
65-6 Act is covered by the law in effect at the time the conduct
65-7 occurred, and the former law is continued in effect for that
65-8 purpose.
65-9 (c) This section does not require the juvenile court to
65-10 transfer a person to a court of criminal jurisdiction because the
65-11 person has been previously transferred to a criminal court for an
65-12 offense committed before the effective date of this Act.
65-13 SECTION 44. The Texas Juvenile Probation Commission shall
65-14 adopt the minimum standards for the initial assessment of children
65-15 as required by Section 141.042, Human Resources Code, as amended
65-16 by Section 34 of this Act, on or before September 1, 1996.
65-17 SECTION 45. (a) The coordinated strategic plan to be
65-18 adopted by December 1, 1995, pursuant to Section 141.0471, Human
65-19 Resources Code, as added by Section 33 of this Act, shall include a
65-20 plan for implementation of an intermediate sanctions program for
65-21 children adjudicated for delinquent conduct or conduct indicating a
65-22 need for supervision who are:
65-23 (1) placed on probation under Section 54.04, Family
65-24 Code, and violate the conditions of probation; or
65-25 (2) released from the Texas Youth Commission under
66-1 supervision under Section 61.081, Human Resources Code, and violate
66-2 the conditions of release.
66-3 (b) The plan shall:
66-4 (1) identify the types of children suitable for an
66-5 intermediate sanctions program based on the types of conduct, level
66-6 of education, and risk of recidivism;
66-7 (2) provide for a progressive increase in the type and
66-8 severity of sanctions for children assigned to the program;
66-9 (3) provide for participation in the program by
66-10 juvenile probation departments and other local authorities;
66-11 (4) provide for participation in the program by
66-12 privately operated juvenile facilities;
66-13 (5) establish guidelines for the implementation of
66-14 pilot boot camp programs with short-term and long-term evaluation
66-15 components; and
66-16 (6) include other relevant aspects necessary for the
66-17 implementation of an intermediate sanctions program.
66-18 SECTION 46. The Texas Juvenile Probation Commission, in
66-19 collaboration with the Texas Department of Mental Health and Mental
66-20 Retardation, shall develop a model protocol by which juvenile
66-21 probation departments shall refer children with mental impairments
66-22 and children under age 10 to local community management teams of
66-23 the Children's Mental Health Plan. The protocol is to be
66-24 distributed to all juvenile boards, chief probation officers, and
66-25 community management teams no later than September 1, 1995.
67-1 SECTION 47. (a) The Texas Commission on Alcohol and Drug
67-2 Abuse shall revise the standard contract by which it contracts with
67-3 providers of services to include specific outcome measures,
67-4 monitoring schedules, and provisions for sharing with the Texas
67-5 Juvenile Probation Commission and the Texas Youth Commission
67-6 monitoring reports relating to services to juvenile offenders.
67-7 (b) The commission shall revise the contract no later than
67-8 January 1, 1996.
67-9 SECTION 48. The importance of this legislation and the
67-10 crowded condition of the calendars in both houses create an
67-11 emergency and an imperative public necessity that the
67-12 constitutional rule requiring bills to be read on three several
67-13 days in each house be suspended, and this rule is hereby suspended,
67-14 and that this Act take effect and be in force from and after its
67-15 passage, and it is so enacted.