By: Harris S.R. No. 1173
1-10 (1) "Aggravated controlled substance felony" means an
1-11 offense under Subchapter D, Chapter 481, Health and Safety Code,
1-12 that is punishable by:
1-13 (A) a minimum term of confinement that is longer
1-14 than the minimum term of confinement for a felony of the first
1-15 degree; or
1-16 (B) a maximum fine that is greater than the
1-17 maximum fine for a felony of the first degree.
1-18 (2) <(1)> "Child" means a person who is:
1-19 (A) ten years of age or older and under 17 years
1-20 of age; or
1-21 (B) seventeen years of age or older and under 18
1-22 years of age who is alleged or found to have engaged in delinquent
1-23 conduct or conduct indicating a need for supervision as a result of
1-24 acts committed before becoming 17 years of age.
1-25 (3) <(4)> "Custodian" means the adult with whom the
2-10 (7) <(8)> "Law-enforcement officer" means a peace
2-11 officer as defined by Article 2.12, <Texas> Code of Criminal
2-12 Procedure.
2-13 (8) "Nonoffender" means a child who:
2-14 (A) is subject to jurisdiction of a court under
2-15 abuse, dependency, or neglect statutes under Title 5 for reasons
2-16 other than legally prohibited conduct of the child; or
2-17 (B) has been taken into custody and is being
2-18 held solely for deportation out of the United States.
2-19 (9) <(2)> "Parent" means the mother, the father
2-20 whether or not the child is legitimate, or an adoptive parent, but
2-21 does not include a parent whose parental rights have been
2-22 terminated.
2-23 (10) "Party" means the state, a child who is the
2-24 subject of proceedings under this subtitle, or the child's parent,
2-25 spouse, guardian, or guardian ad litem.
2-26 (11) <(7)> "Prosecuting attorney" means the county
3-10 (A) includes construction fixtures designed to
3-11 physically restrict the movements and activities of juveniles or
3-12 other individuals held in lawful custody in the facility; and
3-13 (B) is used for the placement of any juvenile
3-14 who has been adjudicated as having committed an offense, any
3-15 nonoffender, or any other individual convicted of a criminal
3-16 offense.
3-17 (14) "Secure detention facility" means any public or
3-18 private residential facility that:
3-19 (A) includes construction fixtures designed to
3-20 physically restrict the movements and activities of juveniles or
3-21 other individuals held in lawful custody in the facility; and
3-22 (B) is used for the temporary placement of any
3-23 juvenile who is accused of having committed an offense, any
3-24 nonoffender, or any other individual accused of having committed a
3-25 criminal offense.
3-26 (15) "Status offender" means a child who is accused,
4-10 þ_(D) failure to attend school under Section
4-11 4.251, Education Code;
4-12 (E) a violation of standards of student conduct
4-13 as described by Section 51.03(b)(6);
4-14 (F) a violation of a juvenile curfew ordinance
4-15 or order;
4-16 (G) a violation of a provision of the Alcoholic
4-17 Beverage Code applicable to minors only; or
4-18 (H) a violation of any other fineable only
4-19 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
4-20 the conduct constituting the offense would not have been criminal
4-21 if engaged in by an adult.
4-22 (16) <(9)> "Traffic offense" means:
4-23 (A) a violation of a penal statute cognizable
4-24 under Chapter 302, Acts of the 55th Legislature, Regular Session,
4-25 1957, as amended (Article 6701l-4 <802e>, Vernon's Texas Civil
4-26 Statutes <Penal Code>); or
5-10 additional language to the definitions to conform them to the
5-11 operative provisions of the bill.
5-12 (2) Subdivision (3), Senate Rule 12.03, is suspended to
5-13 permit the committee to add text in Subsection (b), Section 51.09,
5-14 Family Code, to read as follows:
5-15 (b) Notwithstanding any of the provisions of Subsection (a)
5-16 of this section, the statement of a child is admissible in evidence
5-17 in any future proceeding concerning the matter about which the
5-18 statement was given if:
5-19 (1) when the child is in a detention facility or other
5-20 place of confinement or in the custody of an officer, the statement
5-21 is made in writing and the statement shows that the child has at
5-22 some time prior to the making thereof received from a magistrate a
5-23 warning that:
5-24 (A) the child may remain silent and not make any
5-25 statement at all and that any statement that the child makes may be
5-26 used in evidence against the child;
6-10 (E) if the child is 14 <15> years of age or
6-11 older at the time of the violation of a penal law of the grade of
6-12 capital felony, aggravated controlled substance felony, or felony
6-13 of the first degree, or is 15 years of age or older at the time of
6-14 the violation of a penal law of the grade of felony of the second
6-15 or third degree or a state jail felony, the juvenile court may
6-16 waive its jurisdiction and the child may be tried as an adult,
6-17 except that if the child has previously been transferred to a
6-18 district court or criminal district court for criminal proceedings
6-19 and has violated a penal law of the grade of felony, the juvenile
6-20 court is required to waive its jurisdiction and the child can be
6-21 tried as an adult;
6-22 (F) the child may be sentenced to commitment in
6-23 the Texas Youth Commission with a possible transfer to the
6-24 institutional division or the pardons and paroles division of the
6-25 Texas Department of Criminal Justice for a maximum term of <not to
6-26 exceed> 40 years for a capital felony, felony of the first degree,
7-10 grand jury, or if the child is found to have engaged in delinquent
7-11 conduct, alleged in a petition approved by a grand jury, that
7-12 included:
7-13 (i) murder;
7-14 (ii) capital murder;
7-15 (iii) aggravated kidnapping;
7-16 (iv) sexual assault or aggravated sexual
7-17 assault;
7-18 (v) aggravated robbery;
7-19 (vi) aggravated assault <deadly assault on
7-20 a law enforcement officer, corrections officer, court participant,
7-21 or probation personnel>; <or>
7-22 (vii) injury to a child, elderly
7-23 individual, or disabled individual that is punishable as a felony,
7-24 other than a state jail felony, under Section 22.04, Penal Code;
7-25 (viii) deadly conduct defined by Section
7-26 22.05(b), Penal Code (discharging firearm at persons or certain
8-10 (Section 15.031, Penal Code); or
8-11 (xiii) criminal attempt to commit any of
8-12 the offenses listed in Section 3g(a)(1), Article 42.12, Code of
8-13 Criminal Procedure, which include murder, capital murder, indecency
8-14 with a child, aggravated kidnapping, aggravated sexual assault, and
8-15 aggravated robbery <(vi) attempted capital murder>; and
8-16 (G) the statement must be signed in the presence
8-17 of a magistrate by the child with no law enforcement officer or
8-18 prosecuting attorney present, except that a magistrate may require
8-19 a bailiff or a law enforcement officer if a bailiff is not
8-20 available to be present if the magistrate determines that the
8-21 presence of the bailiff or law enforcement officer is necessary for
8-22 the personal safety of the magistrate or other court personnel,
8-23 provided that the bailiff or law enforcement officer may not carry
8-24 a weapon in the presence of the child. The magistrate must be
8-25 fully convinced that the child understands the nature and contents
8-26 of the statement and that the child is signing the same
9-10 personnel, and has determined that the child understands the nature
9-11 and contents of the statement and has knowingly, intelligently, and
9-12 voluntarily waived these rights.
9-13 (2) it be made orally and the child makes a statement
9-14 of facts or circumstances that are found to be true, which conduct
9-15 tends to establish his guilt, such as the finding of secreted or
9-16 stolen property, or the instrument with which he states the offense
9-17 was committed.
9-18 (3) the statement was res gestae of the delinquent
9-19 conduct or the conduct indicating a need for supervision or of the
9-20 arrest.
9-21 Explanation: The changes are made to include a reference to
9-22 aggravated controlled substance felony in a manner consistent with
9-23 the other provisions of the bill, to improve the clarity of the
9-24 section, and to enumerate those offenses included in Section
9-25 3g(a)(1), Article 42.12, Code of Criminal Procedure.
9-26 (3) Subdivisions (1) and (2), Senate Rule 12.03, are
10-10 render a statement made by the child inadmissible unless the state
10-11 proceeds against the child on a petition approved by a grand jury
10-12 under Section 53.045 <of this code>.
10-13 Explanation: The change is to amend the reference to
10-14 criminal district court by striking "criminal" to conform the text
10-15 to the other provisions of the bill.
10-16 (4) Subdivision (4), Senate Rule 12.03, is suspended to
10-17 permit the committee to add text in Section 51.116, Family Code, to
10-18 read as follows:
10-19 Sec. 51.116. RIGHT TO REEMPLOYMENT. (a) An employer may
10-20 not terminate the employment of a permanent employee because the
10-21 employee is required under Section 51.115 to attend a hearing.
10-22 (b) An employee whose employment is terminated in violation
10-23 of this section is entitled to return to the same employment that
10-24 the employee held when notified of the hearing if the employee, as
10-25 soon as practical after the hearing, gives the employer actual
10-26 notice that the employee intends to return.
11-10 attended the hearing so that reemployment was impossible or
11-11 unreasonable. To establish a defense under this subsection, an
11-12 employer must prove that the termination of employment was because
11-13 of circumstances other than the employee's attendance at the
11-14 hearing.ää
11-15 Explanation: The change is made to implement the decision of
11-16 the conference committee to provide sanctions for employers who
11-17 terminate the employment of their employees for attending certain
11-18 hearings as required by other provisions of the bill.
11-19 (5) Subdivision (3), Senate Rule 12.03, is suspended to
11-20 permit the committee to add text in Subsection (c), Section 51.12,
11-21 Family Code, to read as follows:
11-22 (c) In each county, the judge of the juvenile court and the
11-23 members of the juvenile board shall personally inspect the
11-24 detention facilities and any public or private secure correctional
11-25 facilities used for post-adjudication confinement that are located
11-26 in the county and operated under authority of the juvenile board at
12-10 jail; andää
12-11 <(3) recognized> professional standards for the
12-12 detention of children in pre-adjudication or post-adjudication
12-13 secure confinement <deemed appropriate by the board, which may
12-14 include minimum standards> promulgated by the Texas Juvenile
12-15 Probation Commission or, at the election of the juvenile board, the
12-16 current standards promulgated by the American Correctional
12-17 Association<. The juvenile board shall annually provide to the
12-18 Texas Juvenile Probation Commission a copy of the standards used
12-19 under this section>.
12-20 Explanation: The change is made to add "current" before the
12-21 reference to "standards promulgated by the American Correctional
12-22 Association" to ensure that the most recent standards are used.
12-23 (6) Subdivision (4), Senate Rule 12.03, is suspended to
12-24 permit the committee to add text in Section 52.041, Family Code, to
12-25 read as follows:
12-26 Sec. 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER
13-10 refer any child who is expelled to the juvenile court within
13-11 certain time limits.
13-12 (7) Subdivision (3), Senate Rule 12.03, is suspended to
13-13 permit the committee to add text in Subsection (a), Section 53.012,
13-14 Family Code, to read as follows:
13-15 þ_(a) The prosecuting attorney shall promptly review the
13-16 circumstances and allegations of a referral made under Section
13-17 53.01 for legal sufficiency and the desirability of prosecution and
13-18 may file a petition without regard to whether probable cause was
13-19 found under Section 53.01.
13-20 Explanation: The change is made to conform the text to other
13-21 provisions of the bill.
13-22 (8) Subdivisions (1) and (3), Senate Rule 12.03, are
13-23 suspended to permit the committee to change and add text in
13-24 Subsection (e), Section 53.03, Family Code, to read as follows:
13-25 (e) A prosecuting attorney may defer prosecution for any
13-26 child. A probation officer or other designated officer of the
14-10 (9) Subdivision (1), Senate Rule 12.03, is suspended to
14-11 permit the committee to amend text in Subsection (e), Section
14-12 53.045, Family Code, to read as follows:
14-13 (e) The prosecuting attorney may not refer a petition that
14-14 alleges the child engaged in conduct that violated þ_Section
14-15 22.011(a)(2), Penal Code, or Sections 22.021(a)(1)(B) and (2)(B),
14-16 Penal Code, unless the child is more than three <two> years older
14-17 than the victim of the conduct.
14-18 Explanation: The change is made to conform to Subsection
14-19 (e), Section 22.011, Penal Code.
14-20 (10) Subdivision (4), Senate Rule 12.03, is suspended to
14-21 permit the committee to add text in Subsection (o), Section 54.01,
14-22 Family Code, to read as follows:
14-23 (o) The court or referee shall find whether there is
14-24 probable cause to believe that a child taken into custody without
14-25 an arrest warrant or a directive to apprehend has engaged in
14-26 delinquent conduct or conduct indicating a need for supervision.
15-10 further detention.
15-11 Explanation: The change is made to clarify procedures
15-12 relating to the detention of certain children.
15-13 (11) Subdivision (4), Senate Rule 12.03, is suspended to
15-14 permit the committee to add text in Subsection (n), Section 54.02,
15-15 Family Code, to read as follows:
15-16 (n) A mandatory transfer under Subsection (m) may be made
15-17 without conducting the study required in discretionary transfer
15-18 proceedings by Subsection (d). The requirements of Subsection (b)
15-19 that the summons state that the purpose of the hearing is to
15-20 consider discretionary transfer to criminal court does not apply to
15-21 a transfer proceeding under Subsection (m). In a proceeding under
15-22 Subsection (m), it is sufficient that the summons provide fair
15-23 notice that the purpose of the hearing is to consider mandatory
15-24 transfer to criminal court.
15-25 Explanation: The change is made to provide consistent
15-26 procedures relating to mandatory transfer of a child by the
16-10 (1) the person <child> attend a preparatory class for
16-11 the high school equivalency examination provided under Section
16-12 11.35, Education Code, if the court determines that the person
16-13 <child> is too old to do well in a formal classroom environment;
16-14 (2) the person <child> attend a special program that
16-15 the court determines to be in the best interests of the person
16-16 <child>, including an alcohol and drug abuse program;
16-17 (3) the person <child> and the person's <child's>
16-18 parents, managing conservator, or guardian attend a class for
16-19 students at risk of dropping out of school designed for both the
16-20 person <child> and the person's <child's> parents, managing
16-21 conservator, or guardian;
16-22 (4) the person <child> complete reasonable community
16-23 service requirements;
16-24 (5) the person's <child's> driver's license be
16-25 suspended in the manner provided by Section 54.042 of this code;
16-26 (6) the person <child> attend school without unexcused
17-10 Family Code, to read as follows:
17-11 (e) A justice or municipal court shall endorse on the
17-12 summons issued to a parent, managing conservator, or a guardian an
17-13 order to appear personally at the hearing with the child.
17-14 Explanation: The words "an order" are added to clarify the
17-15 meaning of the provision.
17-16 (14) Subdivisions (1) and (3), Senate Rule 12.03, are
17-17 suspended to permit the committee to add text in Subsections (c)
17-18 and (e), Section 54.06, Family Code, to read as follows:
17-19 (c) A court may enforce an order for support under this
17-20 section by ordering garnishment of the wages of the person ordered
17-21 to pay support or by any other means available to enforce a child
17-22 support order under Title 5.
17-23 (e) The court shall apply the child support guidelines under
17-24 Subchapter C, Chapter 154, in an order requiring the payment of
17-25 child support under this section. The court shall also require in
17-26 an order to pay child support under this section that health
18-10 of a party or on the court's own notice, that a child alleged by
18-11 petition or found to have engaged in delinquent conduct or conduct
18-12 indicating a need for supervision may be mentally ill, the court
18-13 shall initiate proceedings to order temporary or extended mental
18-14 health services, as provided in Subchapter C, Chapter 574, Health
18-15 and Safety Code, for a <hospitalization of the> child alleged or
18-16 found to have engaged in delinquent conduct or conduct indicating a
18-17 need for supervision, if:
18-18 (1) on motion by a party or the court it is alleged
18-19 that the child is mentally ill; or
18-20 (2) a child is found or alleged to be unfit to proceed
18-21 as a result of mental illness under Section 55.04 of this chapter
18-22 or is found not responsible for the child's conduct as a result of
18-23 mental illness under Section 55.05 of this chapter <for observation
18-24 and treatment>.
18-25 Explanation: The reference to "Chapter 574, Subchapter C" is
18-26 changed to conform to the form of other references in the Family
19-10 (1) the child is not discharged or furloughed from the
19-11 residential care facility before reaching 18 years of age; and
19-12 (2) the child is alleged to have engaged in delinquent
19-13 conduct that included a violation of a penal law listed in Section
19-14 53.045.
19-15 (g) The juvenile court shall send notification of the
19-16 transfer of a child under Subsection (f) to the residential care
19-17 facility. The criminal court shall, within 90 days of the
19-18 transfer, institute proceedings under Article 46.02, Code of
19-19 Criminal Procedure. If those or any subsequent proceedings result
19-20 in a determination that the defendant is competent to stand trial,
19-21 the defendant may not receive a punishment for the delinquent
19-22 conduct described by Subsection (f)(2) that results in confinement
19-23 for a period longer than the maximum period of confinement the
19-24 defendant could have received if the defendant had been adjudicated
19-25 for the delinquent conduct while still a child and within the
19-26 jurisdiction of the juvenile court.
20-10 proceedings from the juvenile court to a criminal court on the 18th
20-11 birthday of a child committed to a residential care facility if:ää
20-12 (1) the child is not discharged or furloughed from the
20-13 residential care facility before reaching 18 years of age; and
20-14 (2) the child is alleged to have engaged in delinquent
20-15 conduct that included a violation of a penal law listed in Section
20-16 53.045.
20-17 (h) The juvenile court shall send notification of the
20-18 transfer of a child under Subsection (g) to the residential care
20-19 facility. The criminal court shall, within 90 days of the
20-20 transfer, institute proceedings under Article 46.02, Code of
20-21 Criminal Procedure. If those or any subsequent proceedings result
20-22 in a determination that the defendant is competent to stand trial,
20-23 the defendant may not receive a punishment for the delinquent
20-24 conduct described by Subsection (g)(2) that results in confinement
20-25 for a period longer than the maximum period of confinement the
20-26 defendant could have received if the defendant had been adjudicated
21-10 including photographs and fingerprints, relating to a child who has
21-11 been detained or taken into custody by the agency to the Department
21-12 of Public Safety of the State of Texas for inclusion in the
21-13 juvenile justice information system created under Subchapter B only
21-14 if the child is referred to juvenile court on or before the 10th
21-15 day after the date the child is detained or taken into custody. If
21-16 the child is not referred to juvenile court within that time, the
21-17 law enforcement agency shall destroy all information, including
21-18 photographs and fingerprints, relating to the child unless the
21-19 child is placed in a first offender program under Section 52.031 or
21-20 on informal disposition under Section 52.03. The law enforcement
21-21 agency may not forward any information to the Department of Public
21-22 Safety of the State of Texas relating to the child while the child
21-23 is in a first offender program under Section 52.031 or on informal
21-24 disposition under Section 52.03. On successful completion by the
21-25 child of a first offender program under Section 52.031 or informal
21-26 disposition under Section 52.03, the law enforcement agency shall
22-10 þ_(b) On or before December 31 of each year, the head of each
22-11 municipal or county law enforcement agency located in a county
22-12 shall certify to the juvenile board for that county that the
22-13 photographs and fingerprints required to be destroyed under Section
22-14 58.001 have been destroyed. The juvenile board shall conduct an
22-15 audit of the records of the law enforcement agency to verify the
22-16 destruction of the photographs and fingerprints and the law
22-17 enforcement agency shall make its records available for this
22-18 purpose. If the audit shows that the certification provided by the
22-19 head of the law enforcement agency is false, that person is subject
22-20 to prosecution for perjury under Chapter 37, Penal Code.
22-21 Explanation: This change is necessary to clarify the
22-22 procedures for the collection, transfer, and destruction of records
22-23 pertaining to children who are detained or taken into custody by a
22-24 law enforcement agency and to require each juvenile board in the
22-25 county to conduct an audit of law enforcement records for
22-26 verification purposes.
23-10 from the Department of Public Safety of the State of Texas that the
23-11 records of a person are eligible for sealing under this section,
23-12 the court shall order the sealing of the records in the case if the
23-13 court finds that:ää
23-14 (1) two years have elapsed since final discharge of
23-15 the person or since the last official action in the person's case
23-16 if there was no adjudication; and
23-17 (2) since the time specified in Subdivision (1), the
23-18 person has not been convicted of a felony or a misdemeanor
23-19 involving moral turpitude or found to have engaged in delinquent
23-20 conduct or conduct indicating a need for supervision and no
23-21 proceeding is pending seeking conviction or adjudication.
23-22 Explanation: These changes are necessary to authorize the
23-23 automatic sealing of misdemeanor records of certain children and to
23-24 refer properly to the name of the Department of Public Safety of
23-25 the State of Texas.
23-26 (21) Subdivision (4), Senate Rule 12.03, is suspended to
24-10 agency or institution;ää
24-11 (2) the judge, probation officers, and professional
24-12 staff or consultants of the juvenile court;
24-13 (3) an attorney for the child;
24-14 (4) a governmental agency if the disclosure is
24-15 required or authorized by law;
24-16 (5) a person or entity to whom the child is referred
24-17 for treatment or services if the agency or institution disclosing
24-18 the information has entered into a written confidentiality
24-19 agreement with the person or entity regarding the protection of the
24-20 disclosed information;
24-21 (6) the Texas Department of Criminal Justice and the
24-22 Texas Juvenile Probation Commission for the purpose of maintaining
24-23 statistical records of recidivism and for diagnosis and
24-24 classification; or
24-25 (7) with leave of the juvenile court, any other
24-26 person, agency, or institution having a legitimate interest in the
25-10 for information relating to the conduct for which a child has been
25-11 taken into custody, detained, or referred, the child's
25-12 fingerprints, and other relevant information.
25-13 Explanation: This change replaces "multiple part" with
25-14 "multiple-part" to provide correct wording.
25-15 (23) Subdivision (4), Senate Rule 12.03, is suspended to
25-16 permit the committee to add text in Subsections (a) and (f),
25-17 Section 58.104, Family Code, to read as follows:
25-18 (a) Subject to Subsection (f), the juvenile justice
25-19 information system shall consist of information relating to
25-20 delinquent conduct committed by a juvenile offender that, if the
25-21 conduct had been committed by an adult, would constitute a criminal
25-22 offense other than an offense punishable by a fine only, including
25-23 information relating to:
25-24 (1) the juvenile offender;
25-25 (2) the intake or referral of the juvenile offender
25-26 into the juvenile justice system;
26-10 shall send to the appropriate juvenile court its certification of
26-11 records that are eligible for sealing under Section 58.003(a).ää
26-12 Explanation: This change is necessary to require the
26-13 Department of Public Safety of the State of Texas to send juvenile
26-14 courts certification of records maintained in the juvenile justice
26-15 system that are eligible for sealing.
26-16 (24) Subdivision (4), Senate Rule 12.03, is suspended to
26-17 permit the committee to add text in Subsection (a), Section 58.106,
26-18 Family Code, to read as follows:
26-19 (a) Except as provided by Subsection (b), information
26-20 contained in the juvenile justice information system is
26-21 confidential information for the use of the department and may not
26-22 be disseminated by the department except:
26-23 (1) with the permission of the juvenile offender, to
26-24 military personnel of this state or the United States;
26-25 (2) to a person or entity to which the department may
26-26 grant access to adult criminal history records as provided by
27-10 alter text in Subsection (c), Section 58.109, Family Code, to read
27-11 as follows:
27-12 þ_(c) The incident cards must:
27-13 (1) be serially numbered with an incident number in a
27-14 manner that allows each incident of referral of a juvenile offender
27-15 who is the subject of the incident fingerprint card to be readily
27-16 ascertained; and
27-17 (2) be multiple-part forms that can be transmitted
27-18 with the juvenile offender through the juvenile justice process and
27-19 that allow each agency to report required data to the department.
27-20 Explanation: This change replaces "multiple part" with
27-21 "multiple-part" to provide correct wording.
27-22 (26) Subdivision (4), Senate Rule 12.03, is suspended to
27-23 permit the committee to add text in Subsection (a), Section 59.003,
27-24 Family Code, to read as follows:
27-25 (a) Subject to Subsection (e), after a child's first
27-26 commission of delinquent conduct or conduct indicating a need for
28-10 level is two;
28-11 (3) for a misdemeanor involving the use or possession
28-12 of a firearm or for a state jail felony or a felony of the third
28-13 degree, the sanction level is three;
28-14 (4) for a felony of the second degree, the sanction
28-15 level is four;
28-16 (5) for a felony of the first degree, other than a
28-17 felony involving the use of a deadly weapon or causing serious
28-18 bodily injury, the sanction level is five;
28-19 (6) for a felony of the first degree involving the use
28-20 of a deadly weapon or causing serious bodily injury or for an
28-21 aggravated controlled substance felony, the sanction level is six
28-22 or, if the petition has been approved by a grand jury under Section
28-23 53.045, seven; or
28-24 (7) for a capital felony, the sanction level is seven.
28-25 Explanation: This change is necessary to provide for the
28-26 availability of progressive sanction level six for a child who
29-10 regimented program that emphasizes discipline, physical fitness,
29-11 social responsibility, and productive work;ää
29-12 (2) after release from the program described by
29-13 Subdivision (1), continue the child on probation supervision for
29-14 not less than six months or more than 12 months;
29-15 (3) require the child to make restitution to the
29-16 victim of the child's conduct or perform community service
29-17 restitution appropriate to the nature and degree of harm caused and
29-18 according to the child's ability;
29-19 (4) impose highly structured restrictions on the
29-20 child's activities and requirements for behavior of the child as
29-21 conditions of probation;
29-22 (5) require a probation officer to closely monitor the
29-23 child;
29-24 (6) require the child or the child's parents or
29-25 guardians to participate in programs or services designed to
29-26 address their particular needs and circumstances; and
30-10 (1) require the child to participate as a condition of
30-11 probation for not less than six months or more than nine months in
30-12 a highly structured residential program that emphasizes discipline,
30-13 accountability, physical fitness, and productive work;
30-14 (2) after release from the program described by
30-15 Subdivision (1), continue the child on probation supervision for
30-16 not less than six months or more than 12 months;
30-17 (3) require the child to make restitution to the
30-18 victim of the child's conduct or perform community service
30-19 restitution appropriate to the nature and degree of harm caused and
30-20 according to the child's ability;
30-21 (4) impose highly structured restrictions on the
30-22 child's activities and requirements for behavior of the child as
30-23 conditions of probation;
30-24 (5) require a probation officer to closely monitor the
30-25 child;
30-26 (6) require the child or the child's parents or
31-10 follows:
31-11 þ_(a) For a child at sanction level six, the juvenile court
31-12 shall commit the child to the custody of the Texas Youth
31-13 Commission. The commission may:
31-14 (1) require the child to participate in a highly
31-15 structured residential program that emphasizes discipline,
31-16 accountability, fitness, training, and productive work for not less
31-17 than nine months or more than 24 months unless the commission
31-18 extends the period and the reason for an extension is documented;
31-19 (2) require the child to make restitution to the
31-20 victim of the child's conduct or perform community service
31-21 restitution appropriate to the nature and degree of the harm caused
31-22 and according to the child's ability, if there is a victim of the
31-23 child's conduct;
31-24 (3) require the child and the child's parents or
31-25 guardians to participate in programs and services for their
31-26 particular needs and circumstances; and
32-10 supervision.ää
32-11 Explanation: This change is necessary to clarify the
32-12 dispositional authority of the juvenile court over a child who is
32-13 at progressive sanction level six and to establish guidelines for
32-14 release of the child on parole by the Texas Youth Commission.
32-15 (30) Subdivision (4), Senate Rule 12.03, is suspended to
32-16 permit the committee to add text in Section 61.079, Human Resources
32-17 Code, to read as follows:
32-18 (c) If a child is released under supervision, a
32-19 determination under Section 61.075(4) revoking the child's release
32-20 under supervision is required before referral of the child to the
32-21 juvenile court under Subsection (a).
32-22 Explanation: This change is necessary to require the Texas
32-23 Youth Commission to revoke a child's release under supervision
32-24 before the commission may refer that child to juvenile court for
32-25 transfer to the institutional division of the Texas Department of
32-26 Criminal Justice for completion of the child's determinate
33-10 Department of Criminal Justice to serve the remainder of the
33-11 person's sentence on parole as provided by Section 29, Article
33-12 42.18, Code of Criminal Procedure, when the person is released
33-13 under supervision after becoming 19 years of age.ää
33-14 (g)
33-15 Explanation: This change is necessary to provide for the
33-16 transfer of a person sentenced under a determinate sentence who is
33-17 released under supervision after becoming 19 years of age to the
33-18 pardons and paroles division of the Texas Department of Criminal
33-19 Justice.
33-20 (32) Subdivisions (1), (2), and (3), Senate Rule 12.03, are
33-21 suspended to amend, delete, and add text in Subsection (a), Section
33-22 29, Article 42.18, Code of Criminal Procedure, to read as follows:
33-23 (a) Not later than the 90th day before the date the Texas
33-24 Youth Commission transfers a person to the custody of the pardons
33-25 and paroles division for release on parole under Section 61.081(f)
33-26 or Section 61.084(f) or (g), Human Resources Code, the commission
34-10 þ_(6) a record of the sentence time served by the person
34-11 at the commission and in a juvenile detention facility in
34-12 connection with the conduct for which the person was adjudicated;
34-13 and
34-14 (7) any written comments or information provided by
34-15 the commission, local officials, or victims of the offense.
34-16 Explanation: This change adds a cross reference to
34-17 Subsection (f), Section 61.081, and Subsection (f), Section 61.084,
34-18 Human Resources Code, to provide for all circumstances for release
34-19 on adult parole.
34-20 (33) Subdivision (2), Senate Rule 12.03, is suspended to
34-21 permit the committee to omit text not in disagreement in
34-22 Subsections (a), (b), (c), and (g), Section 21.3011, Education
34-23 Code. The omitted text reads as follows:
34-24 (a) In this section, "expulsion" means suspension of a
34-25 student from school for more than six school days within a semester
34-26 and referral to the juvenile court. The term does not include
35-10 (A) marihuana or a controlled substance, as
35-11 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
35-12 Section 801 et seq.; or
35-13 (B) a dangerous drug, as defined by Chapter 483,
35-14 Health and Safety Code;
35-15 (3) sells, gives, or delivers to another person an
35-16 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
35-17 Code, or commits a serious act or offense while under the influence
35-18 of alcohol; or on more than one occasion possesses, uses, or is
35-19 under the influence of an alcoholic beverage;
35-20 (4) possesses a firearm as defined by Section
35-21 46.01(3), Penal Code, an illegal knife as defined by Section
35-22 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
35-23 Code, or a weapon listed as a prohibited weapon under Section
35-24 46.06, Penal Code;
35-25 (5) engages in conduct that contains the elements of
35-26 an offense relating to abusable glue or aerosol paint under
36-10 the offense of public lewdness under Section 21.07, Penal Code.
36-11 (c) A student who, after having been placed in an
36-12 alternative education program under Section 21.301 of this code,
36-13 continues to engage in serious or persistent misbehavior that
36-14 violates the district's previously communicated written standards
36-15 of student conduct may be removed from class and expelled with a
36-16 referral to juvenile court.
36-17 (g) The board or its designee shall deliver a copy of the
36-18 order expelling the student to the student and the student's parent
36-19 or guardian. The board or its designee shall also deliver on or
36-20 before the second working day after the date of the expulsion
36-21 hearing a copy of the order and any other information required by
36-22 Section 52.04, Family Code, to the authorized officer of the
36-23 juvenile court in the county in which the student resides. The
36-24 officer shall determine whether:
36-25 (1) a petition should be filed alleging that the
36-26 student is in need of supervision or engaged in delinquent conduct;
37-10 CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL
37-11 AND COUNTY HEALTH AND PUBLIC SAFETY
37-12 Explanation: This change is necessary to expand the chapter
37-13 to include provisions relating to public safety.
37-14 (35) Subdivision (4), Senate Rule 12.03, is suspended to
37-15 permit the committee to add text in Section 370.002, Local
37-16 Government Code, to read as follows:
37-17 Sec. 370.002. REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.
37-18 (a) Before the third anniversary of the date of adoption of a
37-19 juvenile curfew ordinance by a general-law municipality or a
37-20 home-rule municipality or an order of a county commissioners court,
37-21 and every third year thereafter, the governing body of the
37-22 general-law municipality or home-rule municipality or the
37-23 commissioners court of the county shall:
37-24 (1) review the ordinance or order's effects on the
37-25 community and on problems the ordinance or order was intended to
37-26 remedy;
38-10 text in Subsection (b) of Section 104 of the bill to read as
38-11 follows:
38-12 (b) For purposes of Subsection (a) of this section, conduct
38-13 violating the penal law of this state occurs before January 1,
38-14 1996, only if every element of the violation occurs before that
38-15 date.
38-16 Explanation: A change in Subsection (b) adds a cross
38-17 reference to Subsection (a) for clarification purposes.
38-18 (37) House Rule 13, Section 9(a)(4), is suspended to permit
38-19 the committee to add text in Subsections (d) and (e) of Section 105
38-20 of the bill to read as follows:
38-21 (d) If H.B. No. 466, Acts of the 74th Legislature, Regular
38-22 Session, 1995, is enacted after the date of enactment of this Act
38-23 and if H.B. No. 466 becomes law, Section 58.004, Family Code, as
38-24 included in Chapter 58, Family Code, as added by this Act, does not
38-25 take effect.
38-26 (e) If H.B. No. 466, Acts of the 74th Legislature, Regular
39-10 investigating or prosecuting the criminal activities of criminal
39-11 combinations. Criminal information relating to a child associated
39-12 with a combination, utilizing the meaning assigned by Section
39-13 71.01, Penal Code, may be compiled and released to other local,
39-14 state, or federal criminal justice agencies and any court having
39-15 jurisdiction over a child, regardless of the age of the child. The
39-16 information may be compiled on paper, by photographs, by computer,
39-17 or in any other useful manner.ää
39-18 Explanation: This change is necessary to provide for the
39-19 compilation of information pertaining to a criminal combination as
39-20 provided by H.B. No. 466, Acts of the 74th Legislature, Regular
39-21 Session, 1995, if the bill is enacted after the date of enactment
39-22 of H.B. No. 327, becomes law, and is not invalidated by a court
39-23 judgment.
39-24 (38) Subdivision (3), Senate Rule 12.03, is suspended to
39-25 permit the committee to add text in Subsections (a), (b), and (c)
39-26 of Section 105 and in Sections 106 and 108 of the bill, to read as
40-10 Government Code, as amended by this Act;
40-11 (4) Chapter 55, Family Code, as amended by this Act;
40-12 and
40-13 (5) Section 61.077, Human Resources Code, as amended
40-14 by this Act.
40-15 SECTION 106. (a) Except as provided by Subsection (b) of
40-16 this section, this Act applies only to conduct that occurs on or
40-17 after January 1, 1996. Conduct violating a penal law of this state
40-18 occurs on or after January 1, 1996, if every element of the
40-19 violation occurs on or after that date. Conduct that occurs before
40-20 January 1, 1996, is governed by the law in effect at the time the
40-21 conduct occurred, and that law is continued in effect for that
40-22 purpose.
40-23 (b) Chapter 55, Family Code, as amended by this Act, applies
40-24 only to conduct that occurs on or after the effective date of that
40-25 chapter. Conduct violating a penal law of this state occurs on or
40-26 after that date if every element of the violation occurs on or
41-10 and that this Act take effect and be in force according to its
41-11 terms, and it is so enacted.
41-12 Explanation: This change is necessary to provide for a
41-13 September 1, 1995, effective date or an immediate effective date
41-14 for certain amendments made by this Act.
41-15 ______________________________________
41-16 President of the Senate
41-17 I hereby certify that the above
41-18 Resolution was adopted by the Senate
41-19 on May 23, 1995.
41-20 ______________________________________
41-21 Secretary of the Senate