By Luna                                                S.B. No. 588
       74R2801 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to informal adjustment and plea bargaining in a juvenile
    1-3  case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 53.03(a), Family Code, is amended to read
    1-6  as follows:
    1-7        (a)  If the preliminary investigation required by Section
    1-8  53.01 of this code results in a determination that further
    1-9  proceedings in the case are authorized and warranted, the probation
   1-10  officer or other designated officer of the court, subject to the
   1-11  direction of the juvenile court, or a juvenile court judge may
   1-12  advise the parties for a reasonable period of time not to exceed
   1-13  six months concerning an informal adjustment and voluntary
   1-14  rehabilitation of a child if:
   1-15              (1)  advice without a court hearing would be in the
   1-16  interest of the public and the child;
   1-17              (2)  the child and his parent, guardian, or custodian
   1-18  consent with knowledge that consent is not obligatory; and
   1-19              (3)  the child and his parent, guardian, or custodian
   1-20  are informed that they may terminate the adjustment process at any
   1-21  point and petition the court for a court hearing in the case.
   1-22        SECTION 2.  Chapter 54, Family Code, is amended by adding
   1-23  Section 54.022 to read as follows:
   1-24        Sec. 54.022.  PLEA BARGAIN AGREEMENT.  (a)  Before accepting
    2-1  a plea of true in which a child admits to having engaged in
    2-2  delinquent conduct or conduct indicating a need for supervision
    2-3  alleged in the petition, the court shall inquire as to the
    2-4  existence of a plea bargain agreement between the prosecuting
    2-5  attorney and the child.  If an agreement exists, the court shall
    2-6  inform the child and the child's parent, guardian, or guardian ad
    2-7  litem of:
    2-8              (1)  the allegations, consequences, and rights of the
    2-9  child as provided by Section 54.03(b);
   2-10              (2)  the fact that the recommendation of the
   2-11  prosecuting attorney as to disposition is not binding on the court;
   2-12  and
   2-13              (3)  whether the court will follow or reject the
   2-14  agreement.
   2-15        (b)  If the court rejects the plea bargain agreement, the
   2-16  court shall permit the child to withdraw the plea of true before
   2-17  any finding on the plea.
   2-18        SECTION 3.  (a)  The change in law made by this Act applies
   2-19  only to conduct violating a penal law that occurs on or after the
   2-20  effective date of this Act.  For purposes of this section, conduct
   2-21  violating a penal law occurs before the effective date of this Act
   2-22  if any element of the violation occurs before the effective date.
   2-23        (b)  Conduct violating a penal law that occurs before the
   2-24  effective date of this Act is covered by the law in effect when the
   2-25  conduct occurred, and the former law is continued in effect for
   2-26  that purpose.
   2-27        SECTION 4.  This Act takes effect September 1, 1995.
    3-1        SECTION 5.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.