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.