SRC-AAA H.B. 1550 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1550
By: Goodman (Harris)
Jurisprudence
4-24-97
Engrossed


DIGEST 

Extensive changes were made in the juvenile justice system as a result of
legislation enacted during the 74th Legislature.  During the interim
following the session, the House Committee on Juvenile Justice and Family
Issues was assigned a number of charges by Speaker Laney. One of the
charges was to review the changes in the juvenile justice laws made by the
74th Legislature and make recommendations addressing new juvenile justice
problems; reports from the juvenile justice agencies and the Criminal
Justice Policy Council concerning implementation of Progressive Sanctions
Guidelines; and errors, omissions, and conflicts in current law.  The
Committee's Interim Report to the 75th Texas Legislature, submitted in
December 1996, included these recommendations. Also during the interim
other juvenile justice practitioners and officials who contributed to the
development of the juvenile justice reforms during the last legislative
session made recommendations addressing additional problem areas and areas
needing clarification. 

PURPOSE

As proposed, H.B. 1550 makes a number of clarifying and technical
amendments to the Juvenile Justice Code (Title 3, Texas Family Code) that
have been discovered since the major reforms of the last legislative
session.  It changes the classification of two offenses (arson and DWI);
streamlines statutory warning requirements; authorizes the Texas Youth
Commission to accept offenders with mental illness and requires it to
discharge offenders with mental disorders under certain circumstances;
amends progressive sanctions guidelines in several respects; and makes
several amendments related to the maintenance and release of information
in youth records. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to Texas Juvenile Probation Commission in
SECTION 49 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 51.03(a) and (b), Family Code, to delete
existing Subdivision (4) regarding certain conduct. Makes a conforming
change.  

SECTION 2. Amends Section 51.031, Family Code, to set forth habitual
felony conduct.  Provides that an adjudication is final if a child is
placed on probation or committed to the Texas Youth Commission.  Provides
that an adjudication based on conduct that occurred before January 1,
1996, may not be considered in a disposition made under this section. 

SECTION 3. Amends Chapter 51, Family Code, by adding Section 51.0411, as
follows: 

Sec. 51.0411. JURISDICTION FOR TRANSFER OR RELEASE HEARING.  Sets forth
jurisdiction for a transfer or a release hearing. 
 
SECTION 4. Amends Chapter 51, Family Code, by amending Section 51.09 and
by adding Section 51.095, as follows: 

Sec. 51.09. WAIVER OF RIGHTS. Makes a conforming change. 

 Sec. 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD.  Sets forth
requirements of a child's statement. Deletes existing Subdivisions (E) and
(F). Deletes existing Subsection (c). Makes conforming and nonsubstantive
changes. 

SECTION 5. Amends Section 51.13(d), Family Code, to provide that an
adjudication under Section 54.03 that occurred on or after January 1, 1996
is considered a final felony for certain purposes. 

SECTION 6. Amends Chapter 51, Family Code, by adding Section 51.19, as
follows: 

Sec. 51.19. LIMITATION PERIOD. Sets forth the statute of limitations.

SECTION 7. Amends Section 53.013, Family Code, to require a juvenile court
or probation department that deviates from certain guidelines to submit in
writing to the juvenile board the reasons for the deviation. 

SECTION 8. Amends Section 53.045(a), Family Code, to authorize a
prosecutor to refer a petition to a grand jury in which the petition was
filed if  the violation includes Section 28.02, Penal Code, if bodily
injury or death is suffered by any person by reason of the commission of
the conduct. 

SECTION 9. Amends Section 54.01(e), Family Code, to require the court to
order the child to a detention facility unless he may threaten the safety
of the public. 

SECTION 10. Amends Section 54.03, Family Code, by adding Subsections (i)
and (j), to sets forth requirements and procedures for preserving
appellate or collateral review and agreements to the disposition of the
case.    

SECTION 11. Amends Section 54.04(d), Family Code, to delete Subdivision
(C) regarding adjudication.  Makes conforming changes.  

SECTION 12. Amends Section 54.08, Family Code, to set forth requirements
for closing a hearing to the public.  Defines "family." Makes conforming
and nonsubstantive changes.  

SECTION 13. Amends Section 54.10(b), Family Code, to set forth a time for
adopting, modifying, or rejecting a referee's recommendations.  Deletes
existing  text  with regard to a detention hearing. 

SECTION 14. Amends Section 55.03(a), Family Code, to delete text regarding
determination of mental retardation. 

SECTION 15. Amends Section 56.01(b), Family Code, to set forth
requirements and procedures for filing certain appeals. 

SECTION 16. Amends Section 58.001, Family Code, by amending Subsection (c)
and adding Subsections (d)-(f).  Prohibits a law enforcement agency from
forwarding certain information.  Sets forth requirements for destroying or
retaining all information relating to a child under this section.  
SECTION 17. Amends Section 58.002, Family Code, by adding Subsections (c)
and (d), to set forth requirements for photographing and fingerprinting a
child.  Provides that this section does not apply to applications for a
driver's license or personal identification card. 

SECTION 18. Amends Section 58.003, Family Code, by adding Subsection (m),
to set forth requirements for sealing records under Article 6252-13c.1,
V.T.C.S. 

SECTION 19. Amends Section 58.007(a), Family Code, to provide that this
section does not apply to a record or file relating to a child that is
maintained by a municipal or justice court. 

SECTION 20. Amends Section 58.007, Family Code, by amending Subsection (c)
and adding Subsection (g), to provide that law enforcement records
concerning a child may not be disclosed to the public. Provides that an
exception to Subdivision (2) is Subchapter B.  Sets forth procedures for
offering a record as evidence in the punishment phase of a trial. 
 
SECTION 21. Amends Section 58.104(f), Family Code, to require the
Department of Public Safety to send certification of records that the
department determines, according to the department's records are eligible
for sealing. 

SECTION 22. Amends Section 59.003, Family Code, to authorize a prosecuting
attorney or juvenile court in a modification hearing under Section 54.05
to assign a child to a certain sanction level, including a capital and
certain first degree felonies.  Deletes text regarding a petition approved
by a grand jury. Sets forth requirements for a child engaged in an
adjudication hearing under Section 54.03.  Deletes existing Subsection
(b).  Sets forth exceptions for Subsection (c).  Requires the court to
hold a hearing modifying the disposition as required by Section 54.05.
Makes conforming changes.  

SECTION 23. Amends Section 59.004(a), Family Code, to authorize the court,
if a child is at a level one sanction, to require the child's parents to
participate in the program, if a program under Section 264.302 is
available. 

SECTION 24. Amends Section 59.005(a), Family Code, to make conforming
changes. 
 
SECTION 25. Amends Section 59.006(a), Family Code, to authorize the
juvenile court, for a child at a level three sanction, to place a child on
probation for more than six months and not more than 12 months. 

SECTION 26. Amends Section 59.007(a), Family Code, to make a conforming
change. 

SECTION 27. Amends Section 59.008(a), Family Code, to authorize the court
for a child at sanction level five to place a child on probation between
six and twelve months in a post-adjudication secure correctional facility. 

SECTION 28. Amends Section 59.009(a), Family Code, to authorize a juvenile
court to take certain actions with regard to a child placed at a sanction
level six. 

SECTION 29. Amends Section 59.010(a), Family Code, to make a conforming
change. 

SECTION 30. Amends Section 264.302(e), Family Code, to require the
department to provide services for a child and the child's family if a
contract to provide services under this section is available in the
county. 

SECTION 31. Amends Article 37.07(3), Code of Criminal Procedure, by
amending Subsection (a) and adding Subsection  (h), to provide that
evidence of an adjudication for conduct that is a violation of a penal law
of the grade of misdemeanor punishable by confinement in jail is
admissible only if the conduct upon which the adjudication is based
occurred on or after January 1, 1996.  Makes a conforming change.  

SECTION 32. Amends Section 61.073, Human Resources Code, to make
conforming changes.  

SECTION 33. Amends Section 61.077, Human Resources Code, as follows:

Sec. 61.077. New heading: CHILDREN WITH MENTAL ILLNESS OR MENTAL
RETARDATION.  Requires the Texas Youth Commission to accept a child
committed to the commission who is mentally ill or mentally retarded.
Sets forth requirements for discharging a child who is mentally ill or
mentally retarded. 

SECTION 34. Amends Chapter 61E, Human Resources Code, by adding Section
61.0772, as follows: 

Sec. 61.0772. EXAMINATION BEFORE DISCHARGE.  Sets forth requirements for
an examination before discharge. 

SECTION 35. Amends Section 61.093, Human Resources Code, by adding
Subsection (c), to set  forth information that is authorized to be
disseminated regarding a child who has escaped from custody. 

SECTION 36. Amends  Section 61.101, Human Resources Code, to delete
Subsections (b)-(d). Makes conforming changes.  

SECTION 37. Amends Section 141.042(a), Human Resources Code, to make a
conforming change. 

SECTION 38. Amends Section 574.001, Health and Safety Code, by amending
Subsection (b) and adding Subsection (f), to authorize an application in
which a proposed patient is a child in the custody of the Texas Youth
Commission is to be filed in the county where the child's commitment to
the commission was ordered.  Makes a conforming change.  

SECTION 39. Amends Section 593.041, Health and Safety Code, to make
conforming changes. 

SECTION 40. Amends Sections 729.001(a) and (c), Transportation Code, to
delete text regarding persons 14 years of age. Provides that an offense
under this section is a Class C misdemeanor. Makes conforming changes.  

SECTION 41. Amends Section 51.02(16), Family Code, to redefine "traffic
offense." 

SECTION 42. Amends Section 8.07(a), Penal Code, to make conforming changes.

SECTION 43. Amends Section 729.002, Transportation Code, to make
conforming changes. 

SECTION 44. Amends Section 729.003(a), Transportation Code, to make
conforming changes. 

SECTION 45. Amends Section 51.02(15), Family Code, to redefine "status
offender." 

SECTION 46. Amends Section 52.025(b), Family Code, to make conforming
changes. 

SECTION 47. ACTION REQUIRED BEFORE CHANGE IN USE OF OR ESTABLISHMENT OF
CERTAIN CRIMINAL DETENTION FACILITIES. Defines "criminal detention
facility" and "governmental entity." Sets forth requirements for actions
required before change in use of or establishment of certain criminal
detention facilities. 

SECTION 48. Repealers: Section 58.004, Family Code (Compilation of
information pertaining to a criminal combination), Sections 61.0386,
61.0771, 61.102, and 61.103, Human Resources Code (Texas Youth Council),
and Section 105(e), Chapter 262, Acts of the 74th Legislature, Regular
Session, 1995. 

SECTION 49. Requires the Texas Juvenile Probation Commission to adopt
rules relating to the implementation of a progressive sanctions program no
later than January 1, 1998. 

SECTION 50. Makes application of this Act prospective.

SECTION 51. Makes application of Section 58.007(a), Family Code,
retroactive. 

SECTION 52. Makes application of this Act prospective.

SECTION 53. (a) Provides that this Act conforms the Transportation Code to
changes in law made by Section 9(6), Chapter 34, Acts of the 74th
Legislature, Regular Session, 1995. 

(b) Provides that this Act prevails over another Act of the 75th
Legislature, Regular Session, 1997, relating to nonsubstantive additions
and corrections to enacted codes. 

SECTION 54. (a) Effective date: September 1, 1997. 

(b) Provides that Section 51.0411, Family Code; Sections 574.001 and
593.041, Health and  Safety Code, Sections 61.077, 61.093, and 61.0772,
Human Resources Code take effect immediately.  

SECTION 55. Emergency clause.