By Goodman, Naishtat, Cuellar, et al.                 H.B. No. 1550

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the juvenile justice system.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 51.03(a) and (b), Family Code, are

 1-5     amended  to read as follows:

 1-6           (a)  Delinquent conduct is:

 1-7                 (1)  conduct, other than a traffic offense, that

 1-8     violates a penal law of this state or of the United States

 1-9     punishable by imprisonment or by confinement in jail;

1-10                 (2)  conduct that violates a reasonable and lawful

1-11     order of a juvenile court entered under Section 54.04 or 54.05 of

1-12     this code, except an order prohibiting the following conduct:

1-13                       (A)  a violation of the penal laws of this state

1-14     of the grade of misdemeanor that is punishable by fine only or a

1-15     violation of the penal ordinances of any political subdivision of

1-16     this state;

1-17                       (B)  the unexcused voluntary absence of a child

1-18     from school; or

1-19                       (C)  the voluntary absence of a child from his

1-20     home without the consent of his parent or guardian for a

1-21     substantial length of time or without intent to return; or

1-22                 (3)  conduct that violates a lawful order of a

1-23     municipal court or justice court under circumstances that would

1-24     constitute contempt of that court[; or]

 2-1                 [(4)  conduct that violates the laws of this state

 2-2     prohibiting driving while intoxicated or under the influence of

 2-3     intoxicating liquor (third or subsequent offense) or driving while

 2-4     under the influence of any narcotic drug or of any other drug to

 2-5     the degree that renders the child incapable of safely driving a

 2-6     vehicle (third or subsequent offense)].

 2-7           (b)  Conduct indicating a need for supervision is:

 2-8                 (1)  subject to Subsection (f) of this section,

 2-9     conduct, other than a traffic offense, that violates:

2-10                       (A)  the penal laws of this state of the grade of

2-11     misdemeanor that are punishable by fine only;  or

2-12                       (B)  the penal ordinances of any political

2-13     subdivision of this state;

2-14                 (2)  the unexcused voluntary absence of a child on 10

2-15     or more days or parts of days within a six-month period or three or

2-16     more days or parts of days within a four-week period from school

2-17     without the consent of his parents;

2-18                 (3)  the voluntary absence of a child from his home

2-19     without the consent of his parent or guardian for a substantial

2-20     length of time or without intent to return;

2-21                 (4)  [conduct which violates the laws of this state

2-22     prohibiting driving while intoxicated or under the influence of

2-23     intoxicating liquor (first or second offense) or driving while

2-24     under the influence of any narcotic drug or of any other drug to a

2-25     degree which renders him incapable of safely driving a vehicle

2-26     (first or second offense);]

2-27                 [(5)]  conduct prohibited by city ordinance or by state

 3-1     law involving the inhalation of the fumes or vapors of paint and

 3-2     other protective coatings or glue and other adhesives and the

 3-3     volatile chemicals itemized in Section 484.002, Health and Safety

 3-4     Code;

 3-5                 (5) [(6)]  an act that violates a school district's

 3-6     previously communicated written standards of student conduct for

 3-7     which the child has been expelled under Section 37.007 [21.3011],

 3-8     Education Code; or

 3-9                 (6) [(7)]  conduct that violates a reasonable and

3-10     lawful order of a court entered under Section 264.305.

3-11           SECTION 2.  Section 51.031, Family Code, is amended to read

3-12     as follows:

3-13           Sec. 51.031.  HABITUAL FELONY CONDUCT.   (a)  Habitual felony

3-14     conduct is conduct violating a penal law of the grade of felony,

3-15     other than a state jail felony, if:

3-16                 (1)  the child who engaged in the conduct has at least

3-17     two previous final adjudications as having engaged in delinquent

3-18     conduct violating a penal law of the grade of felony;  [and]

3-19                 (2)  the second previous final adjudication is for

3-20     conduct that occurred after the date the first previous

3-21     adjudication became final; and

3-22                 (3)  all appeals relating to the previous adjudications

3-23     considered under Subdivisions (1) and (2) have been exhausted.

3-24           (b)  For purposes of this section, an adjudication is final

3-25     if the child is placed on probation or committed to the Texas Youth

3-26     Commission.

3-27           (c)  An adjudication based on conduct that occurred before

 4-1     January 1, 1996, may not be considered in a disposition made under

 4-2     this section.

 4-3           SECTION 3.  Chapter 51, Family Code, is amended by adding

 4-4     Section 51.0411 to read as follows:

 4-5           Sec. 51.0411.  JURISDICTION FOR TRANSFER OR RELEASE HEARING.

 4-6     The court retains jurisdiction over a person, without regard to the

 4-7     age of the person, who is referred to the court under Section 54.11

 4-8     for transfer to the Texas Department of Criminal Justice or release

 4-9     under supervision.

4-10           SECTION 4.  Chapter 51, Family Code, is amended by amending

4-11     Section 51.09 and by adding Section 51.095 to read as follows:

4-12           Sec. 51.09.  Waiver of Rights.  [(a)]  Unless a contrary

4-13     intent clearly appears elsewhere in this title, any right granted

4-14     to a child by this title or by the constitution or laws of this

4-15     state or the United States may be waived in proceedings under this

4-16     title if:

4-17                 (1)  the waiver is made by the child and the attorney

4-18     for the child;

4-19                 (2)  the child and the attorney waiving the right are

4-20     informed of and understand the right and the possible consequences

4-21     of waiving it;

4-22                 (3)  the waiver is voluntary; and

4-23                 (4)  the waiver is made in writing or in court

4-24     proceedings that are recorded.

4-25           Sec. 51.095.  ADMISSIBILITY OF A STATEMENT OF A CHILD.

4-26     (a) [(b)]  Notwithstanding Section 51.09 [any of the provisions of

4-27     Subsection (a) of this section], the statement of a child is

 5-1     admissible in evidence in any future proceeding concerning the

 5-2     matter about which the statement was given if:

 5-3                 (1)  the statement is made in writing when the child is

 5-4     in a detention facility or other place of confinement or in the

 5-5     custody of an officer[, the statement is made in writing] and:

 5-6                       (A)  the statement shows that the child has at

 5-7     some time before [prior to] the making of the statement [thereof]

 5-8     received from a magistrate a warning that:

 5-9                             (i) [(A)]  the child may remain silent and

5-10     not make any statement at all and that any statement that the child

5-11     makes may be used in evidence against the child;

5-12                             (ii) [(B)]  the child has the right to have

5-13     an attorney present to advise the child either prior to any

5-14     questioning or during the questioning;

5-15                             (iii) [(C)]  if the child is unable to

5-16     employ an attorney, the child has the right to have an attorney

5-17     appointed to counsel with the child before [prior  to] or during

5-18     any interviews with peace officers or attorneys representing the

5-19     state; and

5-20                             (iv) [(D)]  the child has the right to

5-21     terminate the interview at any time;

5-22                       [(E)  if the child is 14 years of age or older at

5-23     the time of the violation of a penal law of the grade of capital

5-24     felony, aggravated controlled substance felony, or felony of the

5-25     first degree, or is 15 years of age or older at the time of the

5-26     violation of a penal law of the grade of felony of the second or

5-27     third degree or a state jail felony, the juvenile court may waive

 6-1     its jurisdiction and the child may be tried as an adult, except

 6-2     that if the child has previously been transferred to a district

 6-3     court or criminal district court for criminal proceedings and has

 6-4     violated a penal law of the grade of felony, the juvenile court is

 6-5     required to waive its jurisdiction and the child can be tried as an

 6-6     adult;]

 6-7                       [(F)  the child may be sentenced to commitment in

 6-8     the Texas Youth Commission with a possible transfer to the

 6-9     institutional division or the pardons and paroles division of the

6-10     Texas Department of Criminal Justice for a maximum term of 40 years

6-11     for a capital felony, felony of the first degree, or aggravated

6-12     controlled substance felony, 20 years for a felony of the second

6-13     degree, or 10 years for a felony of the third degree if the child

6-14     is found to have engaged in habitual felony conduct by violating a

6-15     penal law of the grade of felony, other than a state jail felony,

6-16     if the child has at least two previous adjudications as having

6-17     engaged in delinquent conduct violating a penal law of the grade of

6-18     felony and the second previous adjudication is for conduct that

6-19     occurred after the date the first previous adjudication became

6-20     final, alleged in a petition approved by a grand jury, or if the

6-21     child is found to have engaged in delinquent conduct, alleged in a

6-22     petition approved by a grand jury, that included:]

6-23                             [(i)  murder;]

6-24                             [(ii)  capital murder;]

6-25                             [(iii)  aggravated kidnapping;]

6-26                             [(iv)  sexual assault or aggravated sexual

6-27     assault;]

 7-1                             [(v)  aggravated robbery;]

 7-2                             [(vi)  aggravated assault;]

 7-3                             [(vii)  injury to a child, elderly

 7-4     individual, or disabled individual that is punishable as a felony,

 7-5     other than a state jail felony, under Section 22.04, Penal Code;]

 7-6                             [(viii)  deadly conduct defined by Section

 7-7     22.05(b), Penal Code (discharging firearm at persons or certain

 7-8     objects);]

 7-9                             [(ix)  an offense that is a felony of the

7-10     first degree or an aggravated controlled substance felony under

7-11     Subchapter D, Chapter 481, Health and Safety Code (certain offenses

7-12     involving controlled substances);]

7-13                             [(x)  criminal solicitation;]

7-14                             [(xi)  indecency with a child that is

7-15     punishable under Section 21.11(a)(1), Penal Code;]

7-16                             [(xii)  criminal solicitation of a minor

7-17     (Section 15.031, Penal Code); or]

7-18                             [(xiii)  criminal attempt to commit any of

7-19     the offenses listed in Section 3g(a)(1), Article 42.12, Code of

7-20     Criminal Procedure, which include murder, capital murder, indecency

7-21     with a child, aggravated kidnapping, aggravated sexual assault, and

7-22     aggravated robbery; and]

7-23                       (B)  and:

7-24                             (i) [(G)]  the statement must be signed in

7-25     the presence of a magistrate by the child with no law enforcement

7-26     officer or prosecuting attorney present, except that a magistrate

7-27     may require a bailiff or a law enforcement officer if a bailiff is

 8-1     not available to be present if the magistrate determines that the

 8-2     presence of the bailiff or law enforcement officer is necessary for

 8-3     the personal safety of the magistrate or other court personnel,

 8-4     provided that the bailiff or law enforcement officer may not carry

 8-5     a weapon in the presence of the child; and

 8-6                             (ii)  the [.  The] magistrate must be fully

 8-7     convinced that the child understands the nature and contents of the

 8-8     statement and that the child is signing the same voluntarily, and

 8-9     if [.  If such] a statement is taken, the magistrate must [shall]

8-10     sign a written statement verifying the foregoing requisites have

8-11     been met; [.]

8-12                       (C)  the [The] child [must] knowingly,

8-13     intelligently, and voluntarily waives [waive] these rights before

8-14     [prior to] and during the making of the statement and signs [sign]

8-15     the statement in the presence of a magistrate; and

8-16                       (D)  the magistrate certifies [who must certify]

8-17     that  the magistrate [he] has examined the child independent of any

8-18     law enforcement officer or prosecuting attorney, except as required

8-19     to ensure the personal safety of the magistrate or other court

8-20     personnel, and has determined that the child understands the nature

8-21     and contents of the statement and has knowingly, intelligently, and

8-22     voluntarily waived these rights; [.]

8-23                 (2)  the statement is [it be] made orally and the child

8-24     makes a statement of facts or circumstances that are found to be

8-25     true, which conduct tends to establish his guilt, such as the

8-26     finding of secreted or stolen property, or the instrument with

8-27     which he states the offense was committed; [.]

 9-1                 (3)  the statement was res gestae of the delinquent

 9-2     conduct or the conduct indicating a need for supervision or of the

 9-3     arrest; [.]

 9-4           [(c)  A warning under Subsection (b)(1)(E) or (b)(1)(F) is

 9-5     required only when applicable to the facts of the case.  A failure

 9-6     to warn a child under Subsection (b)(1)(E) does not render a

 9-7     statement made by the child inadmissible unless the child is

 9-8     transferred to a district court under Section 54.02.  A failure to

 9-9     warn a child under Subsection (b)(1)(F) does not render a statement

9-10     made by the child inadmissible unless the state proceeds against

9-11     the child on a petition approved by a grand jury under Section

9-12     53.045.]

9-13                 (4)  the statement is made [(d)  This section does not

9-14     preclude the admission of a statement made by the child if:]

9-15                 [(1)  the child makes the statement]:

9-16                       (A)  in open court at the child's adjudication

9-17     hearing;

9-18                       (B)  before a grand jury considering a petition,

9-19     under Section 53.045 [of this code], that the child engaged in

9-20     delinquent conduct; or

9-21                       (C)  at a preliminary hearing concerning the

9-22     child held in compliance with this code, other than at a detention

9-23     hearing under Section 54.01 [of this code]; or

9-24                 (5)  the statement is made orally when the child is in

9-25     a detention facility or other place of confinement or in the

9-26     custody of an officer and the statement is recorded by an

9-27     electronic recording device, including a device that records

 10-1    images, and:

 10-2                      (A)  before making the statement, the child is

 10-3    given the warning described by Subdivision (1)(A) by a magistrate

 10-4    or a peace officer, the warning is a part of the recording, and

 10-5    this child knowingly, intelligently, and voluntarily waives each

 10-6    right stated in the warning;

 10-7                      (B)  the recording device is capable of making an

 10-8    accurate recording, the operator of the device is competent to use

 10-9    the device, the recording is accurate, and the recording has not

10-10    been altered;

10-11                      (C)  each voice on the recording is identified;

10-12    and

10-13                      (D)  not later than the 20th day before the date

10-14    of the proceeding, the attorney representing the child is given a

10-15    complete and accurate copy of each recording of the child made

10-16    under this subdivision.

10-17          (b)  This section and Section 51.09 do not preclude the

10-18    admission of a statement made by the child if:

10-19                (1) [(2)]  the statement does not stem from custodial

10-20    interrogation; or

10-21                (2) [(3)]  without regard to whether the statement

10-22    stems from custodial interrogation, the statement is voluntary and

10-23    has a bearing on the credibility of the child as a witness.

10-24          (c)  An electronic recording of a child's statement made

10-25    under Subsection (a)(5) shall be preserved until all juvenile or

10-26    criminal matters relating to any conduct referred to in the

10-27    statement are final, including the exhaustion of all appeals, or

 11-1    barred from prosecution.

 11-2          SECTION 5.  Section 51.13(d), Family Code, is amended to read

 11-3    as follows:

 11-4          (d)  An adjudication under Section 54.03 that a child engaged

 11-5    in conduct that occurred on or after January 1, 1996, and that

 11-6    constitutes a felony offense resulting in commitment to the Texas

 11-7    Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or

 11-8    54.05(f) is a final felony conviction only for the purposes of

 11-9    Sections 12.42(a)-(c) and (e), Penal Code.

11-10          SECTION 6.  Chapter 51, Family Code, is amended by adding

11-11    Section 51.19 to read as follows:

11-12          Sec. 51.19.  LIMITATION PERIODS.  (a)  The limitation periods

11-13    and the procedures for applying the limitation periods under

11-14    Chapter 12, Code of Criminal Procedure, and other statutory law

11-15    apply to proceedings under this title.

11-16          (b)  For purposes of computing a limitation period, a

11-17    petition filed in juvenile court for a transfer or an adjudication

11-18    hearing is equivalent to an indictment or information and is

11-19    treated as presented when the petition is filed in the proper

11-20    court.

11-21          (c)  The limitation period is two years for an offense or

11-22    conduct that is not given a specific limitation period under

11-23    Chapter 12, Code of Criminal Procedure, or other statutory law.

11-24          SECTION 7.  Section 53.013, Family Code, is amended to read

11-25    as follows:

11-26          Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  (a)  Each

11-27    juvenile board may adopt a progressive sanctions program using the

 12-1    guidelines for progressive sanctions in Chapter 59.

 12-2          (b)  A juvenile court or probation department that deviates

 12-3    from the guidelines under Section 59.003 shall state in writing the

 12-4    reasons for the deviation and submit the statement to the juvenile

 12-5    board regardless of whether the juvenile board has adopted a

 12-6    progressive sanctions program.

 12-7          SECTION 8.  Section 53.045(a), Family Code, is amended  to

 12-8    read as follows:

 12-9          (a)  Except as provided by Subsection (e) [of this section],

12-10    the prosecuting attorney may refer the petition to the grand jury

12-11    of the county in which the court in which the petition is filed

12-12    presides if the petition alleges that the child engaged in

12-13    delinquent conduct that constitutes habitual felony conduct as

12-14    described by Section 51.031 or that included the violation of any

12-15    of the following provisions:

12-16                (1)  Section 19.02, Penal Code (murder);

12-17                (2)  Section 19.03, Penal Code (capital murder);

12-18                (3)  Section 20.04, Penal Code (aggravated kidnapping);

12-19                (4)  Section 22.011, Penal Code (sexual assault) or

12-20    Section 22.021, Penal Code (aggravated sexual assault);

12-21                (5)  Section 22.02, Penal Code (aggravated assault);

12-22                (6)  Section 29.03, Penal Code (aggravated robbery);

12-23                (7)  Section 22.04, Penal Code (injury to a child,

12-24    elderly individual, or disabled individual), if the offense is

12-25    punishable as a felony, other than a state jail felony;

12-26                (8)  Section 22.05(b), Penal Code (felony deadly

12-27    conduct involving discharging a firearm);

 13-1                (9)  Subchapter D, Chapter 481, Health and Safety Code,

 13-2    if the conduct constitutes a felony of the first degree or an

 13-3    aggravated controlled substance felony (certain offenses involving

 13-4    controlled substances);

 13-5                (10)  Section 15.03, Penal Code (criminal

 13-6    solicitation);

 13-7                (11)  Section 21.11(a)(1), Penal Code (indecency with a

 13-8    child);

 13-9                (12)  Section 15.031, Penal Code (criminal solicitation

13-10    of a minor); [or]

13-11                (13)  Section 15.01, Penal Code (criminal attempt), if

13-12    the offense attempted was an offense under Section 19.02, Penal

13-13    Code (murder) or Section 19.03, Penal Code (capital murder), or an

13-14    offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal

13-15    Procedure; or

13-16                (14)  Section 28.02, Penal Code (arson), if bodily

13-17    injury or death is suffered by any person by reason of the

13-18    commission of the conduct.

13-19          SECTION 9.  Section 54.01(e), Family Code, is amended to read

13-20    as follows:

13-21          (e)  At the conclusion of the hearing, the court shall order

13-22    the child released from detention unless it finds that:

13-23                (1)  he is likely to abscond or be removed from the

13-24    jurisdiction of the court;

13-25                (2)  suitable supervision, care, or protection for him

13-26    is not being provided by a parent, guardian, custodian, or other

13-27    person;

 14-1                (3)  he has no parent, guardian, custodian, or other

 14-2    person able to return him to the court when required;

 14-3                (4)  he [is accused of committing a felony offense and]

 14-4    may be dangerous to himself or may threaten the safety of the

 14-5    public [others] if released; or

 14-6                (5)  he has previously been found to be a delinquent

 14-7    child or has previously been convicted of a penal offense

 14-8    punishable by a term in jail or prison and is likely to commit an

 14-9    offense if released.

14-10          SECTION 10.  Section 54.03, Family Code, is amended by adding

14-11    Subsections (i) and (j) to read as follows:

14-12          (i)  In order to preserve for appellate or collateral review

14-13    the failure of the court to provide the child the explanation

14-14    required by Subsection (b), the attorney for the child must comply

14-15    with Rule 52(a), Texas Rules of Appellate Procedure, before

14-16    testimony begins or, if the adjudication is uncontested, before the

14-17    child pleads to the petition or agrees to a stipulation of

14-18    evidence.

14-19          (j)  When the state and the child agree to the disposition of

14-20    the case, in whole or in part, the prosecuting attorney shall

14-21    inform the court of the agreement between the state and the child.

14-22    The court shall inform the child that the court is not required to

14-23    accept the agreement.  The court may delay a decision on whether to

14-24    accept the agreement until after reviewing a report filed under

14-25    Section 54.04(b).  If the court decides not to accept the

14-26    agreement, the court shall inform the child of the court's decision

14-27    and give the child an opportunity to withdraw the plea or

 15-1    stipulation of evidence.  If the court rejects the agreement, no

 15-2    document, testimony, or other evidence placed before the court that

 15-3    relates to the rejected agreement may be considered by the court in

 15-4    a subsequent hearing in the case.  A statement made by the child

 15-5    before the court's rejection of the agreement to a person writing a

 15-6    report to be filed under Section 54.04(b) may not be admitted into

 15-7    evidence in a subsequent hearing in the case.  If the court accepts

 15-8    the agreement, the court shall make a disposition in accordance

 15-9    with the terms of the agreement between the state and the child.

15-10          SECTION 11.  Section 54.04(d), Family Code, is amended to

15-11    read as follows:

15-12          (d)  If the court or jury makes the finding specified in

15-13    Subsection (c) [of this section] allowing the court to make a

15-14    disposition in the case:

15-15                (1)  the court or jury may, in addition to any order

15-16    required or authorized under Section 54.041 or 54.042 [of this

15-17    code], place the child on probation on such reasonable and lawful

15-18    terms as the court may determine:

15-19                      (A)  in his own home or in the custody of a

15-20    relative or other fit person; or

15-21                      (B)  subject to the finding under Subsection (c)

15-22    [of this section] on the placement of the child outside the child's

15-23    home, in:

15-24                            (i)  a suitable foster home; or

15-25                            (ii)  a suitable public or private

15-26    institution or agency, except the Texas Youth Commission; [or]

15-27                      [(C)  after an adjudication that the child

 16-1    engaged in delinquent conduct and subject to the finding under

 16-2    Subsection (c) on the placement of the child outside the child's

 16-3    home, in an intermediate sanction facility operated under Chapter

 16-4    61, Human Resources Code;]

 16-5                (2)  if the court or jury found at the conclusion of

 16-6    the adjudication hearing that the child engaged in delinquent

 16-7    conduct and if the petition was not approved by the grand jury

 16-8    under Section 53.045 [of this code], the court may commit the child

 16-9    to the Texas Youth Commission without a  determinate sentence;

16-10                (3)  if the court or jury found at the conclusion of

16-11    the adjudication hearing that the child engaged in delinquent

16-12    conduct that included a violation of a penal law listed in Section

16-13    53.045(a) [of this code] and if the petition was approved by the

16-14    grand jury under Section 53.045 [of this code], the court or jury

16-15    may sentence the child to commitment in the Texas Youth Commission

16-16    with a possible transfer to the institutional division or the

16-17    pardons and paroles division of the Texas Department of Criminal

16-18    Justice for a term of:

16-19                      (A)  not more than 40 years if the conduct

16-20    constitutes:

16-21                            (i)  a capital felony;

16-22                            (ii)  a felony of the first degree;  or

16-23                            (iii)  an aggravated controlled substance

16-24    felony;

16-25                      (B)  not more than 20 years if the conduct

16-26    constitutes a felony of the second degree;  or

16-27                      (C)  not more than 10 years if the conduct

 17-1    constitutes a felony of the third degree;

 17-2                (4)  the court may assign the child an appropriate

 17-3    sanction level and sanctions as provided by the assignment

 17-4    guidelines in Section 59.003; or

 17-5                (5)  if applicable, the court or jury may make a

 17-6    disposition under Subsection (m) [of this section].

 17-7          SECTION 12.  Section 54.08, Family Code, is amended to read

 17-8    as follows:

 17-9          Sec. 54.08.  PUBLIC ACCESS TO COURT HEARINGS.  (a)  Except as

17-10    provided by this section [Subsection (b)], the court shall open

17-11    hearings under this title to the public unless the court, for good

17-12    cause shown, determines that the public should be excluded.

17-13          (b)  The court may not prohibit a person who is a victim of

17-14    the conduct of a child, or the person's family, from personally

17-15    attending a hearing under this title relating to the conduct by the

17-16    child unless the victim or member of the victim's family is to

17-17    testify in the hearing or any subsequent hearing relating to the

17-18    conduct and the court determines that the victim's or family

17-19    member's testimony would be materially affected if the victim or

17-20    member of the victim's family hears other testimony at trial.

17-21          (c)  If a child is under the age of 14 at the time of the

17-22    hearing, the court shall close the hearing to the public unless the

17-23    court finds that the interests of the child or the interests of the

17-24    public would be better served by opening the hearing to the public.

17-25          (d)  In this section, "family" has the meaning assigned by

17-26    Section 71.01(b).

17-27          SECTION 13.  Section 54.10(b), Family Code, is amended to

 18-1    read as follows:

 18-2          (b)  At the conclusion of the hearing, the referee shall

 18-3    transmit written findings and recommendations to the juvenile court

 18-4    judge.  The juvenile court judge shall adopt, modify, or reject the

 18-5    referee's recommendations not later than the next working day after

 18-6    the day that the judge receives the recommendations [within 24

 18-7    hours].  Failure to act within that time [In the same case of a

 18-8    detention hearing as authorized by Section 54.01 of this code, the

 18-9    failure of the juvenile court to act within 24 hours] results in

18-10    release of the child by operation of law and a recommendation that

18-11    the child be released operates to secure his immediate release

18-12    subject to the power of the juvenile court judge to modify or

18-13    reject that recommendation.

18-14          SECTION 14.  Section 55.03(a), Family Code, is amended to

18-15    read as follows:

18-16          (a)  If a child is found or alleged to be unfit to proceed as

18-17    a result of mental retardation under Section 55.04 [of this

18-18    chapter] or is found not responsible for the child's conduct as a

18-19    result of mental retardation under Section 55.05 [of this chapter],

18-20    the court shall order a determination of mental retardation and an

18-21    interdisciplinary team recommendation of the child, as provided by

18-22    Chapter 593, Health and Safety Code, to be performed at a facility

18-23    approved or operated by the Texas Department of Mental Health and

18-24    Mental Retardation or at a community center established in

18-25    accordance with Chapter 534, Health and Safety Code.  [If the court

18-26    finds that the results of such determination of mental retardation

18-27    indicate a significantly subaverage general intellectual function

 19-1    of 2.5 or more standard deviations below the age-group mean for the

 19-2    tests used existing concurrently with significantly related

 19-3    deficits in adaptive behavior, the court shall initiate proceedings

 19-4    to order commitment of the child to a residential care facility, as

 19-5    that term is defined by Section 591.003, Health and Safety Code.]

 19-6          SECTION 15.  Section 56.01(b), Family Code, is amended to

 19-7    read as follows:

 19-8          (b)  The requirements governing an appeal are as in civil

 19-9    cases generally.  When an appeal is sought by filing a notice of

19-10    appeal, security for costs of appeal, or an affidavit of inability

19-11    to pay the costs of appeal, and the filing is made in a timely

19-12    fashion after the date the disposition order is signed, the appeal

19-13    must include the juvenile court adjudication and all rulings

19-14    contributing to that adjudication.  An appeal of the adjudication

19-15    may be sought notwithstanding that the adjudication order was

19-16    signed more than 30 days before the date the notice of appeal,

19-17    security for costs of appeal, or affidavit of inability to pay the

19-18    costs of appeal was filed.  A motion for new trial seeking to

19-19    vacate an adjudication is timely if the motion is filed not later

19-20    than the 30th day after the date on which the disposition order is

19-21    signed.

19-22          SECTION 16.  Section 58.001, Family Code, is amended by

19-23    amending Subsection (c) and adding Subsections (d)-(f) to read as

19-24    follows:

19-25          (c)  A law enforcement agency may forward information,

19-26    including photographs and fingerprints, relating to a child who has

19-27    been detained or taken into custody by the agency to the Department

 20-1    of Public Safety [of the State of Texas] for inclusion in the

 20-2    juvenile justice information system created under Subchapter B only

 20-3    if the child is referred to juvenile court on or before the 10th

 20-4    day after the date the child is detained or taken into custody.  If

 20-5    the child is not referred to juvenile court within that time, the

 20-6    law enforcement agency shall destroy all information, including

 20-7    photographs and fingerprints, relating to the child unless the

 20-8    child is placed in a first offender program under Section 52.031 or

 20-9    on informal disposition under Section 52.03.  The law enforcement

20-10    agency may not forward any information to the Department of Public

20-11    Safety [of the State of Texas] relating to the child while the

20-12    child is in a first offender program under Section 52.031, or

20-13    during the 90 days following successful completion of the program

20-14    or while the  child is on informal disposition under Section 52.03.

20-15    Except as provided by Subsection (f), after the date the child

20-16    completes an informal disposition under Section 52.03 or after the

20-17    90th day after [On  successful completion by] the date the child

20-18    successfully  completes [of] a first offender program under Section

20-19    52.031 [or informal disposition under Section 52.03], the law

20-20    enforcement agency shall destroy all information, including

20-21    photographs and fingerprints, relating to the child.

20-22          (d)  If information relating to a child is contained in a

20-23    document that also contains information relating to an adult and a

20-24    law enforcement agency is required to destroy all information

20-25    relating to the child under this section, the agency shall alter

20-26    the document so that the information relating to the child is

20-27    destroyed and the information relating to the adult is preserved.

 21-1          (e)  The deletion of a computer entry constitutes destruction

 21-2    of the information contained in the entry.

 21-3          (f)  A law enforcement agency may maintain information

 21-4    relating to a child after the 90th day after the date the child

 21-5    successfully completes a first offender program under Section

 21-6    52.031 only to determine the child's eligibility to participate in

 21-7    a first offender program.

 21-8          SECTION 17.  Section 58.002, Family Code, is amended by

 21-9    adding Subsections (c) and (d) to read as follows:

21-10          (c)  This section does not prohibit the photographing or

21-11    fingerprinting of a child who is not in custody if the child

21-12    consents to the photographing or fingerprinting.

21-13          (d)  This section does not apply to fingerprints that are

21-14    required or authorized to be submitted or obtained for an

21-15    application for a driver's license or personal identification card.

21-16          SECTION 18.  Section 58.003, Family Code, is amended by

21-17    adding Subsection (m) to read as follows:

21-18          (m)  A record created or maintained under Article 6252-13c.1,

21-19    Revised Statutes, may not be sealed under this section if the

21-20    person who is the subject of the record has a continuing obligation

21-21    to register under that article.

21-22          SECTION 19.  Section 58.007(a), Family Code, is amended to

21-23    read as follows:

21-24          (a)  This section applies only to the inspection and

21-25    maintenance of a physical record or file concerning a child and

21-26    does not affect the collection, dissemination, or maintenance of

21-27    information as provided by Subchapter B.  This section does not

 22-1    apply to a record or file relating to a child that is required or

 22-2    authorized to be maintained under the laws regulating the operation

 22-3    of motor vehicles in this state or to a record or file relating to

 22-4    a child that is maintained by a municipal or justice court.

 22-5          SECTION 20.  Section 58.007, Family Code, is amended by

 22-6    amending Subsection (c) and adding Subsection (g) to read as

 22-7    follows:

 22-8          (c)  Except as provided by Subsection (d), law enforcement

 22-9    records and files concerning a child may not be disclosed to the

22-10    public and shall be:

22-11                (1)  [be] kept separate from adult files and records;

22-12    and

22-13                (2)  [be] maintained on a local basis only and not sent

22-14    to a central state or federal depository, except as provided by

22-15    Subchapter B.

22-16          (g)  For the purpose of offering a record as evidence in the

22-17    punishment phase of a criminal proceeding, a prosecuting attorney

22-18    may obtain the record of a defendant's adjudication that is

22-19    admissible under Section 3(a), Article 37.07, Code of Criminal

22-20    Procedure, by submitting a request for the record to the juvenile

22-21    court that made the adjudication.  If a court receives a request

22-22    from a prosecuting attorney under this subsection, the court shall,

22-23    if the court possesses the requested record of adjudication,

22-24    certify and provide the prosecuting attorney with a copy of the

22-25    record.

22-26          SECTION 21.  Section 58.104(f), Family Code, is amended to

22-27    read as follows:

 23-1          (f)  Records maintained by the department in the depository

 23-2    are subject to being sealed under Section 58.003.  The department

 23-3    shall send to the appropriate juvenile court its certification of

 23-4    records that the department determines, according to the

 23-5    department's records, are eligible for sealing under Section

 23-6    58.003(a).

 23-7          SECTION 22.  Section 59.003, Family Code, is amended to read

 23-8    as follows:

 23-9          Sec. 59.003.  SANCTION LEVEL ASSIGNMENT GUIDELINES.  (a)

23-10    Subject to Subsection (e), after a child's first commission of

23-11    delinquent conduct or conduct indicating a need for supervision,

23-12    the probation department or prosecuting attorney may, or the

23-13    juvenile court may, in a disposition hearing under Section 54.04 or

23-14    a modification hearing under Section 54.05, assign a child one of

23-15    the following sanction levels according to the child's conduct:

23-16                (1)  for conduct indicating a need for supervision,

23-17    other than a Class A or B misdemeanor, the sanction level is one;

23-18                (2)  for a Class A or B misdemeanor, other than a

23-19    misdemeanor involving the use or possession of a firearm, or for

23-20    delinquent conduct under Section 51.03(a)(2) or (3), the sanction

23-21    level is two;

23-22                (3)  for a misdemeanor involving the use or possession

23-23    of a firearm or for a state jail felony or a felony of the third

23-24    degree, the sanction level is three;

23-25                (4)  for a felony of the second degree, the sanction

23-26    level is four;

23-27                (5)  for a felony of the first degree, other than a

 24-1    felony involving the use of a deadly weapon or causing serious

 24-2    bodily injury, the sanction level is five;

 24-3                (6)  for a felony of the first degree involving the use

 24-4    of a deadly weapon or causing serious bodily injury, [or] for an

 24-5    aggravated controlled substance felony, or for a capital felony,

 24-6    the  sanction level is six [or, if the petition has been approved

 24-7    by a grand jury under Section 53.045, seven]; or

 24-8                (7)  for a [capital] felony of the first degree

 24-9    involving the use of a deadly weapon or causing serious bodily

24-10    injury, for an aggravated controlled substance felony, or for a

24-11    capital felony, if the petition has been approved by a grand jury

24-12    under Section 53.045, or if a petition to transfer the child to

24-13    criminal court has been filed under Section 54.02, the sanction

24-14    level is seven.

24-15          (b)  Subject to Subsection (e), if the child subsequently is

24-16    found to have engaged in delinquent conduct in an adjudication

24-17    hearing under Section 54.03 or a hearing to modify a disposition

24-18    under Section 54.05 on two separate occasions and each involves a

24-19    violation of a penal law of a classification that is less than the

24-20    classification of the child's previous conduct, the juvenile court

24-21    may assign the child a sanction level that is one level higher than

24-22    the previously assigned sanction level, unless the child's

24-23    previously assigned sanction level is six.  [For a child's refusal

24-24    to comply with the restrictions and standards of behavior

24-25    established by the parent or guardian and the court, a parent or

24-26    guardian may notify the court of the child's refusal to comply, and

24-27    the court may place the child at the next level of sanction.

 25-1    Notification of the court by the parent or guardian of the child's

 25-2    refusal satisfies the requirement of the parent to make a

 25-3    reasonable good faith effort to prevent the child from engaging in

 25-4    delinquent conduct or engaging in conduct indicating a need for

 25-5    supervision.]

 25-6          (c)  Subject to Subsection (e), if the child's subsequent

 25-7    commission of delinquent conduct or conduct indicating a need for

 25-8    supervision involves a violation of a penal law of a classification

 25-9    that is the same as or greater than the classification of the

25-10    child's previous conduct, the juvenile court may assign the child a

25-11    sanction level that is one level higher  than the previously

25-12    assigned sanction level, unless:

25-13                (1)  the child's previously assigned sanction level is

25-14    five and the child has not been adjudicated for delinquent conduct;

25-15                (2)  the child's previously assigned sanction level is

25-16    six, unless the subsequent violation is of a provision listed under

25-17    Section 53.045(a) and the petition has been approved by a grand

25-18    jury under Section 53.045; or

25-19                (3)  the child's previously assigned sanction level is

25-20    seven.

25-21          (d)  Subject to Subsection (e), if the child's previously

25-22    assigned sanction level is four or five and the child's subsequent

25-23    commission of delinquent conduct is of the grade of felony, the

25-24    juvenile court may assign the child a sanction level that is one

25-25    level higher than the previously assigned sanction level.

25-26          (e)  A juvenile court or probation department  that deviates

25-27    from the guidelines under this section shall state in writing its

 26-1    reasons for the deviation and submit the statement to the juvenile

 26-2    board regardless of whether a progressive sanctions program has

 26-3    been adopted by the juvenile board.  Nothing in this chapter

 26-4    prohibits the imposition of appropriate sanctions that are

 26-5    different from those provided at any sanction level.

 26-6          (f)  The probation department may, in accordance with Section

 26-7    54.05, request the extension of [extend] a period of probation

 26-8    specified under sanction levels one  through five if the

 26-9    circumstances of the child warrant the extension [and the probation

26-10    department notifies the juvenile court in writing of the extension

26-11    and the period of and reason for the extension.  The court may on

26-12    notice to the probation department deny the extension].

26-13          (g)  Before the court assigns the child a sanction level that

26-14    involves the revocation of the child's probation and the commitment

26-15    of the child to the Texas Youth Commission, the court shall hold a

26-16    hearing to modify the disposition as required by Section 54.05.

26-17          SECTION 23.  Section 59.004(a), Family Code, is amended to

26-18    read as follows:

26-19          (a)  For a child at sanction level one, the juvenile court or

26-20    probation department may:

26-21                (1)  require counseling for the child regarding the

26-22    child's conduct;

26-23                (2)  inform the child of the progressive sanctions that

26-24    may be imposed on the child if the child continues to engage in

26-25    delinquent conduct or conduct indicating a need for supervision;

26-26                (3)  inform the child's parents or guardians of the

26-27    parents' or guardians' responsibility to impose reasonable

 27-1    restrictions on the child to prevent the conduct from recurring;

 27-2                (4)  provide information or other assistance to the

 27-3    child or the child's parents or guardians in securing needed social

 27-4    services;

 27-5                (5)  require the child or the child's parents or

 27-6    guardians to participate in a program for services under Section

 27-7    264.302, if a program under Section 264.302 is available to the

 27-8    child or the child's parents or guardians;

 27-9                (6)  refer the child to a community-based citizen

27-10    intervention program approved by the juvenile court;  and

27-11                (7)  release the child to the child's parents or

27-12    guardians.  

27-13          SECTION 24.  Section 59.005(a), Family Code, is amended to

27-14    read as follows:

27-15          (a)  For a child at sanction level two, the juvenile court,

27-16    the prosecuting attorney, or the probation department may, as

27-17    provided by Section 53.03:

27-18                (1)  place the child on deferred prosecution or

27-19    court-ordered [or informal] probation for not less than three

27-20    months or more than six months;

27-21                (2)  require the child to make restitution to the

27-22    victim of the child's conduct or perform community service

27-23    restitution appropriate to the nature and degree of harm caused and

27-24    according to the child's ability;

27-25                (3)  require the child's parents or guardians to

27-26    identify restrictions the parents or guardians will impose on the

27-27    child's activities and requirements the parents or guardians will

 28-1    set for the child's behavior;

 28-2                (4)  provide the information required under Sections

 28-3    59.004(a)(2) and (4);

 28-4                (5)  require the child or the child's parents or

 28-5    guardians to participate in a program for services under Section

 28-6    264.302, if a program under Section 264.302 is available to the

 28-7    child or the child's parents or guardians;

 28-8                (6)  refer the child to a community-based citizen

 28-9    intervention program approved by the juvenile court;  and

28-10                (7)  if appropriate, impose additional conditions of

28-11    probation.

28-12          SECTION 25.  Section 59.006(a), Family Code, is amended to

28-13    read as follows:

28-14          (a)  For a child at sanction level three, the juvenile court

28-15    may:

28-16                (1)  place the child on probation for more [not less]

28-17    than six months and not more than 12 months;

28-18                (2)  require the child to make restitution to the

28-19    victim of the child's conduct or perform community service

28-20    restitution appropriate to the nature and degree of harm caused and

28-21    according to the child's ability;

28-22                (3)  impose specific restrictions on the child's

28-23    activities and requirements for the child's behavior as conditions

28-24    of probation;

28-25                (4)  require a probation officer to closely monitor the

28-26    child's activities and behavior;

28-27                (5)  require the child or the child's parents or

 29-1    guardians to participate in programs or services designated by the

 29-2    court or probation officer; and

 29-3                (6)  if appropriate, impose additional conditions of

 29-4    probation.

 29-5          SECTION 26.  Section 59.007(a), Family Code, is amended to

 29-6    read as follows:

 29-7          (a)  For a child at sanction level four, the juvenile court

 29-8    may:

 29-9                (1)  require the child to participate as a condition of

29-10    probation for not less than three months or more than 12 months in

29-11    a highly intensive and regimented program that emphasizes

29-12    discipline, physical fitness, social responsibility, and productive

29-13    work;

29-14                (2)  after release from the program described by

29-15    Subdivision (1), continue the child on probation supervision for

29-16    not less than six months or more than 12 months;

29-17                (3)  require the child to make restitution to the

29-18    victim of the child's conduct or perform community service

29-19    restitution appropriate to the nature and degree of harm caused and

29-20    according to the child's ability;

29-21                (4)  impose highly structured restrictions on the

29-22    child's activities and requirements for behavior of the child as

29-23    conditions of probation;

29-24                (5)  require a probation officer to closely monitor the

29-25    child;

29-26                (6)  require the child or the child's parents or

29-27    guardians to participate in programs or services designed to

 30-1    address their particular needs and circumstances; and

 30-2                (7)  if appropriate, impose additional sanctions.

 30-3          SECTION 27.  Section 59.008(a), Family Code, is amended to

 30-4    read as follows:

 30-5          (a)  For a child at sanction level five, the juvenile court

 30-6    may:

 30-7                (1)  place [require] the child [to participate as a

 30-8    condition of probation] for not less than six months or more than

 30-9    12 [nine] months in a post-adjudication secure correctional

30-10    facility [highly structured residential program that emphasizes

30-11    discipline, accountability, physical fitness, and productive work];

30-12                (2)  after release from the program described by

30-13    Subdivision (1), continue the child on probation supervision for

30-14    not less than six months or more than 12 months;

30-15                (3)  require the child to make restitution to the

30-16    victim of the child's conduct or perform community service

30-17    restitution appropriate to the nature and degree of harm caused and

30-18    according to the child's ability;

30-19                (4)  impose highly structured restrictions on the

30-20    child's activities and requirements for behavior of the child as

30-21    conditions of probation;

30-22                (5)  require a probation officer to closely monitor the

30-23    child;

30-24                (6)  require the child or the child's parents or

30-25    guardians to participate in programs or services designed to

30-26    address their particular needs and circumstances;  and

30-27                (7)  if appropriate, impose additional sanctions.

 31-1          SECTION 28.  Section 59.009(a), Family Code, is amended to

 31-2    read as follows:

 31-3          (a)  For a child at sanction level six, the juvenile court

 31-4    may [shall] commit the child to the custody of the Texas Youth

 31-5    Commission.  The commission may:

 31-6                (1)  require the child to participate in a highly

 31-7    structured residential program that emphasizes discipline,

 31-8    accountability, fitness, training, and productive work for not less

 31-9    than nine months or more than 24 months unless the commission

31-10    extends the period and the reason for an extension is documented;

31-11                (2)  require the child to make restitution to the

31-12    victim of the child's conduct or perform community service

31-13    restitution appropriate to the nature and degree of the harm caused

31-14    and according to the child's ability, if there is a victim of the

31-15    child's conduct;

31-16                (3)  require the child and the child's parents or

31-17    guardians to participate in programs and services for their

31-18    particular needs and circumstances;  and

31-19                (4)  if appropriate, impose additional sanctions.

31-20          SECTION 29.  Section 59.010(a), Family Code, is amended to

31-21    read as follows:

31-22          (a)  For a child at sanction level seven, the juvenile court

31-23    may certify and transfer the child under Section 54.02 or [shall]

31-24    sentence the child to commitment to the Texas Youth Commission

31-25    under Section 54.04(d)(3), 54.04(m), or 54.05(f).  The commission

31-26    may:

31-27                (1)  require the child to participate in a highly

 32-1    structured residential program that emphasizes discipline,

 32-2    accountability, fitness, training, and productive work for not less

 32-3    than 12 months or more than 10 years unless the commission extends

 32-4    the period and the reason for the extension is documented;

 32-5                (2)  require the child to make restitution to the

 32-6    victim of the child's conduct or perform community service

 32-7    restitution appropriate to the nature and degree of harm caused and

 32-8    according to the child's ability, if there is a victim of the

 32-9    child's conduct;

32-10                (3)  require the child and the child's parents or

32-11    guardians to participate in programs and services for their

32-12    particular needs and circumstances; and

32-13                (4)  impose any other appropriate sanction.

32-14          SECTION 30.  Section 264.302(e), Family Code, is amended to

32-15    read as follows:

32-16          (e)  The department shall provide services[, directly or by

32-17    contract,] for a child and the child's family if a contract to

32-18    provide services under this section is available in the county and

32-19    the child is referred to the department as an at-risk child by:

32-20                (1)  a court under Section 264.304;

32-21                (2)  a juvenile court or probation department as part

32-22    of a progressive sanctions program under Chapter 59;

32-23                (3)  a law enforcement officer or agency under Section

32-24    52.03; or

32-25                (4)  a justice or municipal court under Section 54.022.

32-26          SECTION 31.  Section 3, Article 37.07, Code of Criminal

32-27    Procedure, is amended by amending Subsection (a) and adding

 33-1    Subsection (h) to read as follows:

 33-2          (a)  Regardless of the plea and whether the punishment be

 33-3    assessed by the judge or the jury, evidence may be offered by the

 33-4    state and the defendant as to any matter the court deems relevant

 33-5    to sentencing, including but not limited to the prior criminal

 33-6    record of the defendant, his general reputation, his character, an

 33-7    opinion regarding his character, the circumstances of the offense

 33-8    for which he is being tried, and, notwithstanding Rules 404 and

 33-9    405, Texas Rules of Criminal Evidence, any other evidence of an

33-10    extraneous crime or bad act that is shown beyond a reasonable doubt

33-11    by evidence to have been committed by the defendant or for which he

33-12    could be held criminally responsible, regardless of whether he has

33-13    previously been charged with or finally convicted of the crime or

33-14    act.  A court may consider as a factor in mitigating punishment the

33-15    conduct of a defendant while participating in a program under

33-16    Chapter 17 [of this code] as a condition of release on bail.

33-17    Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal

33-18    Evidence, and subject to Subsection (h), evidence may be offered by

33-19    the state and the defendant of an adjudication of delinquency based

33-20    on a violation by the defendant of a penal law of the grade of:

33-21                (1)  a felony; or

33-22                (2)  a misdemeanor punishable by confinement in jail.

33-23          (h)  Evidence of an adjudication for conduct that is a

33-24    violation of a penal law of the grade of misdemeanor punishable by

33-25    confinement in jail is admissible only if the conduct upon which

33-26    the adjudication is based occurred on or after January 1, 1996.

33-27          SECTION 32.  Section 61.073, Human Resources Code, is amended

 34-1    to read as follows:

 34-2          Sec. 61.073.  RECORDS OF EXAMINATIONS AND TREATMENT.  The

 34-3    commission shall keep written records of all examinations and

 34-4    conclusions based on them and of all orders concerning the

 34-5    disposition or treatment of each child subject to its control.

 34-6    Except as provided by Section 61.093(c), these [These] records are

 34-7    not public and are available only according to the provisions of

 34-8    Section 58.005, Family Code, and Chapter 61, Code of Criminal

 34-9    Procedure.

34-10          SECTION 33.  Section 61.077, Human Resources Code, is amended

34-11    to read as follows:

34-12          Sec. 61.077.  CHILDREN WITH MENTAL ILLNESS OR MENTAL

34-13    RETARDATION [MENTALLY ILL OR RETARDED CHILD].  (a)  [If the

34-14    commission determines that a child committed to it is mentally ill,

34-15    the commission, without delay, shall return the child to the court

34-16    of original jurisdiction for appropriate disposition or shall

34-17    request that the court in the county where the child is located

34-18    take any action required by the condition of the child.]

34-19          [(b)]  The commission shall accept a child committed to the

34-20    commission who is mentally ill or mentally retarded.

34-21          (b)  Unless a child is committed to the commission under a

34-22    determinate sentence under Section 54.04(d)(3), 54.04(m), or

34-23    54.05(f), Family Code, the commission shall discharge a child who

34-24    is mentally ill or mentally retarded from its custody if:

34-25                (1)  the child has completed the minimum length of stay

34-26    for the child's committing offense; and

34-27                (2)  the commission determines that the child is unable

 35-1    to progress in the commission's rehabilitation programs because of

 35-2    the child's mental illness or mental retardation.

 35-3          SECTION 34.  Subchapter E, Chapter 61, Human Resources Code,

 35-4    is amended by adding Section 61.0772 to read as follows:

 35-5          Sec. 61.0772.  EXAMINATION BEFORE DISCHARGE.  (a)  The

 35-6    commission shall establish a system that identifies children in the

 35-7    commission's custody who are mentally ill or mentally retarded.

 35-8          (b)  Not later than the 30th day before the date a child who

 35-9    is identified as mentally ill is discharged from the commission's

35-10    custody under Section 61.077(b), a commission psychiatrist shall

35-11    examine the child.  The psychiatrist shall file a sworn application

35-12    for court-ordered mental health services, as provided in Subchapter

35-13    C, Chapter 574, Health and Safety Code, if the psychiatrist

35-14    determines that the child is mentally ill and the child meets at

35-15    least one of the criteria listed in Section 574.034, Health and

35-16    Safety Code.

35-17          (c)  Not later than the 30th day before the date a child who

35-18    is identified as mentally retarded is discharged from the

35-19    commission's custody under Section 61.077(b), the commission shall

35-20    refer the child for a determination of mental retardation and an

35-21    interdisciplinary team recommendation of the child, as provided by

35-22    Chapter 593, Health and Safety Code, to be performed at a facility

35-23    approved or operated by the Texas Department of Mental Health and

35-24    Mental Retardation or at a community center established in

35-25    accordance with Chapter 534, Health and Safety Code.

35-26          SECTION 35.  Section 61.093, Human Resources Code, is amended

35-27    by adding Subsection (c) to read as follows:

 36-1          (c)  Notwithstanding Section 58.005, Family Code, the

 36-2    commission may disseminate to the public the following information

 36-3    relating to a child who has escaped from custody:

 36-4                (1)  the child's name, including other names by which

 36-5    the child is known;

 36-6                (2)  the child's physical description, including sex,

 36-7    weight, height, race, ethnicity, eye color, hair color, scars,

 36-8    marks, and tattoos;

 36-9                (3)  a photograph of the child; and

36-10                (4)  if necessary to protect the welfare of the

36-11    community, any other information that reveals dangerous

36-12    propensities of the child or expedites the apprehension of the

36-13    child.

36-14          SECTION 36.  Section 61.101, Human Resources Code, is amended

36-15    to read as follows:

36-16          Sec. 61.101.  YOUTH BOOT CAMP PROGRAMS.  (a)  The commission

36-17    may establish a youth boot camp program and may employ necessary

36-18    personnel to operate the youth boot camps.

36-19          (b)  [The commission, in consultation with the Texas Juvenile

36-20    Probation Commission, may develop a program of moral, academic,

36-21    vocational, physical, and correctional training and activities in

36-22    which a child placed in a youth boot camp as an intermediate

36-23    sanction under Section 54.04(d)(1)(C), Family Code, is required to

36-24    participate, including programs to educate the child as to the

36-25    conditions under which children committed to the Texas Youth

36-26    Commission and the institutional division of the Texas Department

36-27    of Criminal Justice live and follow-up programs to aid successful

 37-1    community reintegration.]

 37-2          [(c)  The commission may refuse to accept a child in a youth

 37-3    boot camp as an intermediate sanction under Section 54.04(d)(1)(C),

 37-4    Family Code, and may return the child to the juvenile court in the

 37-5    same manner and under the same conditions provided under Section

 37-6    61.0386.]

 37-7          [(d)  The placement of a child in a youth boot camp as an

 37-8    intermediate sanction under Section 54.04(d)(1)(C), Family Code, is

 37-9    not a commitment to the commission, and the child may not be

37-10    transferred by the commission, or be a resident of, any other type

37-11    of commission facility other than a medical facility.]

37-12          [(e)]  The commission, in consultation with the Texas

37-13    Juvenile Probation Commission, shall develop guidelines for a

37-14    program of physical and correctional training and military-style

37-15    discipline for children placed in youth boot camps operated by

37-16    local probation departments for violating the conditions of release

37-17    under supervision or parole under Section 61.081.

37-18          (c) [(f)]  The commission shall develop a program of physical

37-19    and correctional training and military-style discipline for

37-20    children committed to the commission who are placed in youth boot

37-21    camps or other commission facilities.

37-22          (d) [(g)]  The commission shall adopt rules of conduct for

37-23    children participating in the program under this section.

37-24          SECTION 37.  Section 141.042(a), Human Resources Code, is

37-25    amended to read as follows:

37-26          (a)  The commission shall adopt reasonable rules that

37-27    provide:

 38-1                (1)  minimum standards for personnel, staffing, case

 38-2    loads, programs, facilities, record keeping, equipment, and other

 38-3    aspects of the operation of a juvenile board that are necessary to

 38-4    provide adequate and effective probation services;

 38-5                (2)  a code of ethics for probation officers and for

 38-6    the enforcement of that code;

 38-7                (3)  appropriate educational, preservice and in-service

 38-8    training, and certification standards for probation officers or

 38-9    court-supervised community-based program personnel; [and]

38-10                (4)  minimum standards for juvenile detention

38-11    facilities, public post-adjudication juvenile secure correctional

38-12    facilities that are operated under the authority of a juvenile

38-13    board, and private post-adjudication juvenile secure correctional

38-14    facilities, except those facilities exempt from certification by

38-15    Section 42.052(e); and

38-16                (5)  procedures for the implementation of a progressive

38-17    sanctions program under Chapter 59, Family Code.

38-18          SECTION 38.  Section 574.001, Health and Safety Code, is

38-19    amended by amending Subsection (b) and adding Subsection (f) to

38-20    read as follows:

38-21          (b)  Except as provided by Subsection (f), the [The]

38-22    application must be filed with the county clerk in the county in

38-23    which the proposed patient:

38-24                (1)  resides;

38-25                (2)  is found;  or

38-26                (3)  is receiving mental health services by court order

38-27    or under Subchapter A, Chapter 573.

 39-1          (f)  An application in which the proposed patient is a child

 39-2    in the custody of the Texas Youth Commission may be filed in the

 39-3    county in which the child's commitment to the commission was

 39-4    ordered.

 39-5          SECTION 39.  Section 593.041, Health and Safety Code, is

 39-6    amended by amending Subsection (b) and adding Subsection (e) to

 39-7    read as follows:

 39-8          (b)  Except as provided by Subsection (e), the [The]

 39-9    application must be filed with the county clerk in the county in

39-10    which the proposed resident resides.  If the superintendent of a

39-11    residential care facility files an application for judicial

39-12    commitment of a voluntary resident, the county in which the

39-13    facility is located is considered the resident's county of

39-14    residence.

39-15          (e)  An application in which the proposed patient is a child

39-16    in the custody of the Texas Youth Commission may be filed in the

39-17    county in which the child's commitment to the commission was

39-18    ordered.

39-19          SECTION 40.  Sections 729.001(a) and (c), Transportation

39-20    Code, are amended to read as follows:

39-21          (a)  A person who is [at least 14 years of age but] younger

39-22    than 17 years of age commits an offense if the person operates a

39-23    motor vehicle on a public road or highway, a street or alley in a

39-24    municipality, or a public beach in violation of any traffic law of

39-25    this state, including:

39-26                (1)  Chapter 502, other than Section 502.282[,

39-27    502.408(b), 502.409(c),] or 502.412;

 40-1                (2)  Chapter 521;

 40-2                (3)  Subtitle C, other than an offense under Section

 40-3    550.021, 550.022, or 550.024;

 40-4                (4)  Chapter 601;

 40-5                (5)  Chapter 621;

 40-6                (6)  Chapter 661; and

 40-7                (7)  Chapter 681.

 40-8          (c)  An offense under this section is a Class C misdemeanor

 40-9    [punishable by a fine not to exceed $100].

40-10          SECTION 41.  Section 51.02(16), Family Code, is amended to

40-11    read as follows:

40-12                (16)  "Traffic offense" means:

40-13                      (A)  a violation of a penal statute cognizable

40-14    under Chapter 729, Transportation Code, except for:

40-15                            (i)  conduct constituting an offense under

40-16    Section 550.021, Transportation Code;

40-17                            (ii)  conduct constituting an offense

40-18    punishable as a Class B misdemeanor under Section 550.022,

40-19    Transportation Code; or

40-20                            (iii)  conduct constituting an offense

40-21    punishable as a Class B misdemeanor under Section 550.024,

40-22    Transportation Code [302, Acts of the 55th Legislature, Regular

40-23    Session, 1957, as amended (Article 6701l-4, Vernon's Texas Civil

40-24    Statutes)]; or

40-25                      (B)  a violation of a motor vehicle traffic

40-26    ordinance of an incorporated city or town in this state.

40-27          SECTION 42.  Section 8.07(a), Penal Code, is amended to read

 41-1    as follows:

 41-2          (a)  A person may not be prosecuted for or convicted of any

 41-3    offense that he committed when younger than 15 years of age except:

 41-4                (1)  perjury and aggravated perjury when it appears by

 41-5    proof that he had sufficient discretion to understand the nature

 41-6    and obligation of an oath;

 41-7                (2)  a violation of a penal statute cognizable under

 41-8    Chapter 729, Transportation Code, except for:

 41-9                      (A)  an offense under Section 550.021,

41-10    Transportation Code;

41-11                      (B)  an offense punishable as a Class B

41-12    misdemeanor under Section 550.022, Transportation Code; or

41-13                      (C)  an offense punishable as a Class B

41-14    misdemeanor under Section 550.024, Transportation Code [302, Acts

41-15    of the 55th Legislature, Regular Session, 1957 (Article 6701l-4,

41-16    Vernon's Texas Civil Statutes)];

41-17                (3)  a violation of a motor vehicle traffic ordinance

41-18    of an incorporated city or town in this state;

41-19                (4)  a misdemeanor punishable by fine only other than

41-20    public intoxication;

41-21                (5)  a violation of a penal ordinance of a political

41-22    subdivision; or

41-23                (6)  a violation of a penal statute that is, or is a

41-24    lesser included offense of, a capital felony, an aggravated

41-25    controlled substance felony, or a felony of the first degree for

41-26    which the person is transferred to the court under Section 54.02,

41-27    Family Code, for prosecution if the person committed the offense

 42-1    when 14 years of age or older.

 42-2          SECTION 43.  Section 729.002, Transportation Code, is amended

 42-3    to read as follows:

 42-4          Sec. 729.002.  OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT

 42-5    LICENSE.  (a)  A person who is [at least 14 years of age but]

 42-6    younger than 17 years of age commits an offense if the person

 42-7    operates a motor vehicle without a driver's license authorizing the

 42-8    operation of a motor vehicle on a:

 42-9                (1)  public road or highway;

42-10                (2)  street or alley in a municipality; or

42-11                (3)  public beach as defined by Section 729.001.

42-12          (b)  An offense under this section is a Class C misdemeanor

42-13    [punishable by a fine not to exceed $100].

42-14          SECTION 44.  Section 729.003(a), Transportation Code, is

42-15    amended to read as follows:

42-16          (a)  A person may not plead guilty to an offense under

42-17    Section 729.001 or 729.002 or to a violation of a motor vehicle

42-18    traffic ordinance of an incorporated city or town except in open

42-19    court before a judge.  A person may not be convicted of an offense

42-20    or fined as provided by this chapter or under a municipal traffic

42-21    ordinance except in the presence of one or both parents or

42-22    guardians having legal custody of the person.  The court shall

42-23    summon one or both parents or guardians to appear in court and

42-24    shall require one or both of them to be present during all

42-25    proceedings in the case.  The court may waive the requirement of

42-26    the presence of parents or guardians if, after diligent effort, the

42-27    court cannot locate them or compel their presence.

 43-1          SECTION 45.  Section 51.02(15), Family Code, is amended to

 43-2    read as follows:

 43-3                (15)  "Status offender" means a child who is accused,

 43-4    adjudicated, or convicted for conduct that would not, under state

 43-5    law, be a crime if committed by an adult, including:

 43-6                      (A)  truancy under Section 51.03(b)(2);

 43-7                      (B)  running away from home under Section

 43-8    51.03(b)(3);

 43-9                      (C)  a fineable only offense under Section

43-10    51.03(b)(1) transferred to the juvenile court under Section

43-11    51.08(b), but only if the conduct constituting the offense would

43-12    not have been criminal if engaged in by an adult;

43-13                      (D)  failure to attend school under Section

43-14    4.251, Education Code;

43-15                      (E)  a violation of standards of student conduct

43-16    as described by Section 51.03(b)(5) [51.03(b)(6)];

43-17                      (F)  a violation of a juvenile curfew ordinance

43-18    or order;

43-19                      (G)  a violation of a provision of the Alcoholic

43-20    Beverage Code applicable to minors only; or

43-21                      (H)  a violation of any other fineable only

43-22    offense under Section 8.07(a)(4) or (5), Penal Code, but only if

43-23    the conduct constituting the offense would not have been criminal

43-24    if engaged in by an adult.

43-25          SECTION 46.  Section 52.025(b), Family Code, is amended to

43-26    read as follows:

43-27          (b)  A child may be detained in a juvenile processing office

 44-1    only for:

 44-2                (1)  the return of the child to the custody of a person

 44-3    under Section 52.02(a)(1) [of this code];

 44-4                (2)  the completion of essential forms and records

 44-5    required by the juvenile court or this title;

 44-6                (3)  the photographing and fingerprinting of the child

 44-7    if otherwise authorized at the time of temporary detention by this

 44-8    title;

 44-9                (4)  the issuance of warnings to the child as required

44-10    or permitted by this title; or

44-11                (5)  the receipt of a statement by the child under

44-12    Section 51.095(a)(1), (2), (3), or (5) [Section 51.09(b) of this

44-13    code].

44-14          SECTION 47.  ACTION REQUIRED BEFORE CHANGE IN USE OF OR

44-15    ESTABLISHMENT OF CERTAIN CRIMINAL DETENTION FACILITIES.  (a)  In

44-16    this section:

44-17                (1)  "Criminal detention facility" means a place

44-18    designated by law for the confinement of a person adjudicated

44-19    delinquent for or convicted of a criminal offense.  The term

44-20    includes:

44-21                      (A)  a confinement facility operated by the Texas

44-22    Department of Criminal Justice;

44-23                      (B)  a confinement facility operated under

44-24    contract with any division of the Texas Department of Criminal

44-25    Justice;

44-26                      (C)  a community corrections facility operated by

44-27    a community supervision and corrections department; and

 45-1                      (D)  a confinement facility operated by or under

 45-2    contract with the Texas Youth Commission.

 45-3                (2)  "Governmental entity" means the state, a political

 45-4    subdivision or a combination of two or more subdivisions of the

 45-5    state, or an agency of the state.

 45-6          (b)  A governmental entity or private vendor may not change

 45-7    the use of a criminal detention facility operated by the entity or

 45-8    vendor from a residential facility for the placement of juvenile

 45-9    offenders and may not establish a criminal detention facility

45-10    unless:

45-11                (1)  a public hearing is held about the proposed change

45-12    or establishment before the change is made or the facility is

45-13    established; and

45-14                (2)  after the hearing is held, the change or

45-15    establishment is approved by unanimous vote of the governing body

45-16    of:

45-17                      (A)  the municipality in which the facility is

45-18    located; or

45-19                      (B)  the county in which the facility is located,

45-20    if the facility is not located within a municipality.

45-21          (c)  Before the 30th day before the date of a hearing

45-22    required by Subsection (b) of this section, the governmental entity

45-23    shall:

45-24                (1)  publish notice of the date, hour, place, and

45-25    subject of the hearing in three consecutive issues of a newspaper

45-26    of, or in newspapers that collectively have, general circulation in

45-27    the county in which the proposed change is to be made or the

 46-1    facility is to be established; and

 46-2                (2)  mail a copy of the notice to each member of the

 46-3    governing body of a municipality, county commissioner, state

 46-4    representative, and state senator who represent the area in which

 46-5    the proposed change is to be made or the facility is to be

 46-6    established.

 46-7          (d)  In describing the subject of a public hearing for

 46-8    purposes of publishing notice under this section, the notice must

 46-9    specifically state the address of the facility with respect to

46-10    which the change is proposed or the address at which the facility

46-11    is to be established.

46-12          (e)  If a private vendor, other than a private vendor that

46-13    operates as a nonprofit corporation, proposes to change the use of

46-14    a facility or to establish a facility that is the subject of a

46-15    public hearing under this section, the private vendor is

46-16    responsible for providing the notice and holding the public hearing

46-17    required by this section.

46-18          (f)  The governmental entity or private vendor shall hold the

46-19    public hearing at a site as close as practicable to the facility

46-20    with respect to which the change is proposed or as close as

46-21    practicable to the site of the proposed facility.

46-22          SECTION 48.  (a)  Section 58.004, Family Code, is repealed.

46-23          (b)  Sections 61.0386, 61.0771, 61.102, and 61.103, Human

46-24    Resources Code, are repealed.

46-25          (c)  Section 105(e), Chapter 262, Acts of the 74th

46-26    Legislature, Regular Session, 1995, is repealed.

46-27          SECTION 49.  The Texas Juvenile Probation Commission shall

 47-1    adopt rules relating to the implementation of a progressive

 47-2    sanctions program as required by this Act not later than January 1,

 47-3    1998.

 47-4          SECTION 50.  The change in law made by this Act to Section

 47-5    54.08, Family Code, applies only to a hearing under Title 3, Family

 47-6    Code, commenced on or after the effective date of this Act.  A

 47-7    hearing commenced before the effective date of this Act is governed

 47-8    by the law in effect on the date the hearing was commenced, and the

 47-9    former law is continued in effect for that purpose.

47-10          SECTION 51.  The change in law made by this Act to Section

47-11    58.007(a), Family Code, applies to law enforcement files and

47-12    records maintained by a municipal or justice court before, on, or

47-13    after September 1, 1997.

47-14          SECTION 52.  (a)  The change in law made by this Act applies

47-15    only to conduct that occurs on or after the effective date of this

47-16    Act.  Conduct violating a penal law of the state occurs on or after

47-17    the effective date of this Act if every element of the violation

47-18    occurs on or after that date.

47-19          (b)  Conduct that occurs before the effective date of this

47-20    Act is covered by the law in effect at the time the conduct

47-21    occurred, and the former law is continued in effect for that

47-22    purpose.

47-23          SECTION 53.  (a)  In addition to the substantive changes in

47-24    law made by this Act, this Act conforms the Transportation Code to

47-25    the changes in law made by Section 9(6), Chapter 34, Acts of the

47-26    74th Legislature, Regular Session, 1995.

47-27          (b)  To the extent of any conflict, this Act prevails over

 48-1    another Act of the 75th Legislature, Regular Session, 1997,

 48-2    relating to nonsubstantive additions to and corrections in enacted

 48-3    codes.

 48-4          SECTION 54.  (a)  Except as provided by Subsection (b) of

 48-5    this section, this Act takes effect September 1, 1997.

 48-6          (b)  The following sections of this Act take effect

 48-7    immediately and apply to a person in the custody of the Texas Youth

 48-8    Commission or committed to the custody of the Texas Youth

 48-9    Commission on or after the effective date of the section:

48-10                (1)  Section 51.0411, Family Code, as added by this

48-11    Act;

48-12                (2)  Sections 574.001 and 593.041, Health and Safety

48-13    Code, as amended by this Act;          

48-14                (3)  Sections 61.077 and 61.093, Human Resources Code,

48-15    as amended by this Act; and

48-16                (4)  Section 61.0772, Human Resources Code, as added by

48-17    this Act.

48-18          SECTION 55.  The importance of this legislation and the

48-19    crowded condition of the calendars in both houses create an

48-20    emergency and an imperative public necessity that the

48-21    constitutional rule requiring bills to be read on three several

48-22    days in each house be suspended, and this rule is hereby suspended,

48-23    and that this Act take effect and be in force according to its

48-24    terms, and it is so enacted.