By: Cain S.B. No. 735
A BILL TO BE ENTITLED
AN ACT
1-1 relating to restitution requirements for a juvenile or a parent,
1-2 custodian, or guardian of a juvenile; and creating a
1-3 victim-offender mediation program in the juvenile justice system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 141, Human Resources Code,
1-6 is amended by adding Section 141.050 to read as follows:
1-7 Sec. 141.050. VICTIM-OFFENDER MEDIATION. The commission
1-8 shall develop guidelines for voluntary victim-offender mediation
1-9 programs to be operated by juvenile boards in the counties.
1-10 SECTION 2. Subchapter A, Chapter 152, Human Resources Code,
1-11 is amended by adding Section 152.0011 to read as follows:
1-12 Sec. 152.0011. VOLUNTARY VICTIM-OFFENDER MEDIATION. The
1-13 juvenile board may establish a voluntary victim-offender mediation
1-14 program consistent with the guidelines promulgated by the Texas
1-15 Juvenile Probation Commission under Section 141.050.
1-16 SECTION 3. Subsection (d), Section 53.03, Family Code, is
1-17 amended to read as follows:
1-18 (d)(1) An informal adjustment authorized by this section
1-19 must include, but is not limited to <may involve>:
1-20 (A) mandatory <(1) voluntary> restitution by
1-21 the child or a <his> parent, custodian, or guardian of the child to
1-22 the victim of an offense in an amount to be determined by the
1-23 probation officer or other designated officer of the court or in an
2-1 amount to be agreed upon after victim-offender mediation in
2-2 instances involving conduct which resulted in property damage or
2-3 loss or personal injury; or
2-4 (B) personal services to a charitable or
2-5 educational institution in the manner prescribed by the probation
2-6 officer or other designated officer of the court in lieu of
2-7 restitution, if the child or parent, custodian, or guardian is
2-8 unable to make full or partial restitution or if restitution is not
2-9 appropriate under the circumstances.
2-10 (2) In the event that a child is unable to satisfy the
2-11 requirement for mandatory restitution, the child's parent,
2-12 custodian, or guardian is financially liable. If the child or the
2-13 parent, custodian, or guardian fails to comply with the
2-14 requirements imposed by this subsection, further proceedings are
2-15 authorized and warranted under this code <voluntary community
2-16 service restitution by the child>.
2-17 SECTION 4. Subsections (b) and (d), Section 54.032, Family
2-18 Code, are amended to read as follows:
2-19 (b) The teen court program must be approved by the court,
2-20 subject to the following limitations:
2-21 (1) No teen court program may be approved unless it
2-22 requires that the child or a parent, custodian, or guardian of the
2-23 child make restitution to the victim of the offense in an amount to
2-24 be determined by the court, if a child is found to have engaged in
2-25 delinquent conduct arising from the commission of an offense in
3-1 which property damage or loss or personal injury occurred.
3-2 (2) In the event that a child participating in the
3-3 teen court program is unable to satisfy the requirement provided by
3-4 Subdivision (1) of this subsection, the child's parent, custodian,
3-5 or guardian is financially liable.
3-6 (3) If the child or the child's parent, custodian, or
3-7 guardian is unable to make full or partial restitution or if a
3-8 restitution order is not appropriate under the circumstances, the
3-9 court may order the child to render personal services to a
3-10 charitable or educational institution in the manner prescribed in
3-11 the court order in lieu of restitution.
3-12 (4) Failure on the part of the child or the child's
3-13 parent, custodian, or guardian to comply with the requirements
3-14 imposed by this subsection will result in the child's failing to
3-15 complete the teen court program.
3-16 (d) A case dismissed under this section shall remain a <may
3-17 not be> part of the child's records <for any purpose>.
3-18 SECTION 5. Subsection (b), Section 54.041, Family Code, is
3-19 amended to read as follows:
3-20 (b)(1) If a child is found to have engaged in delinquent
3-21 conduct arising from the commission of an offense in which property
3-22 damage or loss or personal injury occurred, the juvenile court, on
3-23 notice to all persons affected and on hearing, shall <may> order
3-24 the child or a parent, custodian, or guardian of the child to make
3-25 full or partial restitution to the victim of the offense, as
4-1 provided in this subsection. If the court fails to order
4-2 restitution, the court shall state for the record the reasons why
4-3 restitution has not been ordered.
4-4 (2) The program of restitution must promote the
4-5 rehabilitation of the child, be appropriate to the age and
4-6 physical, emotional, and mental abilities of the child, and not
4-7 conflict with the child's schooling. When practicable and subject
4-8 to court supervision, the court may approve a restitution program
4-9 based on a settlement between the child and the victim of the
4-10 offense. An order under this subsection may provide for periodic
4-11 payments by the child or a parent, custodian, or guardian of the
4-12 child for the period specified in the order but that period may not
4-13 extend past the 18th birthday of the child.
4-14 (3) If the child or the child's parent, custodian, or
4-15 guardian is unable to make full or partial restitution or if a
4-16 restitution order is not appropriate under the circumstances, the
4-17 court may order the child to render personal services to a
4-18 charitable or educational institution in the manner prescribed in
4-19 the court order in lieu of restitution.
4-20 (4) Restitution under this section is cumulative of
4-21 any other remedy allowed by law and may be used in addition to
4-22 other remedies; except that a victim of an offense is not entitled
4-23 to receive more than actual damages under a juvenile court order.
4-24 (5) A city, town, or county that establishes a program
4-25 to assist children in rendering personal services to a charitable
5-1 or educational institution as authorized by this subsection may
5-2 purchase insurance policies protecting the city, town, or county
5-3 against claims brought by a person other than the child for a cause
5-4 of action that arises from an act of the child while rendering
5-5 those services. The city, town, or county is not liable under this
5-6 Act to the extent that damages are recoverable under a contract of
5-7 insurance or under a plan of self-insurance authorized by statute.
5-8 The liability of the city, town, or county for a cause of action
5-9 that arises from an action of the child while rendering those
5-10 services may not exceed $100,000 to a single person and $300,000
5-11 for a single occurrence in the case of personal injury or death,
5-12 and $10,000 for a single occurrence of property damage. Liability
5-13 may not extend to punitive or exemplary damages.
5-14 (6) This subsection does not waive a defense,
5-15 immunity, or jurisdictional bar available to the city, town, or
5-16 county or its officers or employees, nor shall this Act be
5-17 construed to waive, repeal, or modify any provision of Chapter 101,
5-18 Civil Practice and Remedies Code (<the> Texas Tort Claims Act<, as
5-19 amended (Article 6252-19, Vernon's Texas Civil Statutes>).
5-20 SECTION 6. If any section, sentence, clause, or part of this
5-21 Act is, for any reason, held invalid, such invalidity shall not
5-22 affect the remaining portions of the Act, and it is hereby declared
5-23 to be the intention of this legislature to have passed each
5-24 section, sentence, clause, or part irrespective of the fact that
5-25 any other section, sentence, clause, or part may be declared
6-1 invalid.
6-2 SECTION 7. (a) The changes in law made by this Act apply
6-3 only to an offense committed or a violation that occurs on or after
6-4 the effective date of this Act. For the purposes of this Act, an
6-5 offense is committed or a violation occurs before the effective
6-6 date of this Act if any element of the offense or violation occurs
6-7 before that date.
6-8 (b) An offense committed or violation that occurs before the
6-9 effective date of this Act is covered by the law in effect when the
6-10 offense was committed or the violation occurred, and the former law
6-11 is continued in effect for this purpose.
6-12 SECTION 8. This Act takes effect on September 1, 1995.
6-13 SECTION 9. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended.