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.