75R8626 E
By Goodman, Naishtat H.B. No. 1550
Substitute the following for H.B. No. 1550:
By Goodman C.S.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 54.10(b), Family Code, is amended to
17-8 read as follows:
17-9 (b) At the conclusion of the hearing, the referee shall
17-10 transmit written findings and recommendations to the juvenile court
17-11 judge. The juvenile court judge shall adopt, modify, or reject the
17-12 referee's recommendations not later than the next working day after
17-13 the day that the judge receives the recommendations [within 24
17-14 hours]. Failure to act within that time [In the same case of a
17-15 detention hearing as authorized by Section 54.01 of this code, the
17-16 failure of the juvenile court to act within 24 hours] results in
17-17 release of the child by operation of law and a recommendation that
17-18 the child be released operates to secure his immediate release
17-19 subject to the power of the juvenile court judge to modify or
17-20 reject that recommendation.
17-21 SECTION 13. Section 55.03(a), Family Code, is amended to
17-22 read as follows:
17-23 (a) If a child is found or alleged to be unfit to proceed as
17-24 a result of mental retardation under Section 55.04 [of this
17-25 chapter] or is found not responsible for the child's conduct as a
17-26 result of mental retardation under Section 55.05 [of this chapter],
17-27 the court shall order a determination of mental retardation and an
18-1 interdisciplinary team recommendation of the child, as provided by
18-2 Chapter 593, Health and Safety Code, to be performed at a facility
18-3 approved or operated by the Texas Department of Mental Health and
18-4 Mental Retardation or at a community center established in
18-5 accordance with Chapter 534, Health and Safety Code. [If the court
18-6 finds that the results of such determination of mental retardation
18-7 indicate a significantly subaverage general intellectual function
18-8 of 2.5 or more standard deviations below the age-group mean for the
18-9 tests used existing concurrently with significantly related
18-10 deficits in adaptive behavior, the court shall initiate proceedings
18-11 to order commitment of the child to a residential care facility, as
18-12 that term is defined by Section 591.003, Health and Safety Code.]
18-13 SECTION 14. Section 56.01(b), Family Code, is amended to
18-14 read as follows:
18-15 (b) The requirements governing an appeal are as in civil
18-16 cases generally. When an appeal is sought by filing a notice of
18-17 appeal, security for costs of appeal, or an affidavit of inability
18-18 to pay the costs of appeal, and the filing is made in a timely
18-19 fashion after the date the disposition order is signed, the appeal
18-20 must include the juvenile court adjudication and all rulings
18-21 contributing to that adjudication. An appeal of the adjudication
18-22 may be sought notwithstanding that the adjudication order was
18-23 signed more than 30 days before the date the notice of appeal,
18-24 security for costs of appeal, or affidavit of inability to pay the
18-25 costs of appeal was filed. A motion for new trial seeking to
18-26 vacate an adjudication is timely if the motion is filed not later
18-27 than the 30th day after the date on which the disposition order is
19-1 signed.
19-2 SECTION 15. Section 58.001, Family Code, is amended by
19-3 amending Subsection (c) and adding Subsections (d)-(f) to read as
19-4 follows:
19-5 (c) A law enforcement agency may forward information,
19-6 including photographs and fingerprints, relating to a child who has
19-7 been detained or taken into custody by the agency to the Department
19-8 of Public Safety [of the State of Texas] for inclusion in the
19-9 juvenile justice information system created under Subchapter B only
19-10 if the child is referred to juvenile court on or before the 10th
19-11 day after the date the child is detained or taken into custody. If
19-12 the child is not referred to juvenile court within that time, the
19-13 law enforcement agency shall destroy all information, including
19-14 photographs and fingerprints, relating to the child unless the
19-15 child is placed in a first offender program under Section 52.031 or
19-16 on informal disposition under Section 52.03. The law enforcement
19-17 agency may not forward any information to the Department of Public
19-18 Safety [of the State of Texas] relating to the child while the
19-19 child is in a first offender program under Section 52.031, or
19-20 during the 90 days following successful completion of the program
19-21 or while the child is on informal disposition under Section 52.03.
19-22 Except as provided by Subsection (f), after the date the child
19-23 completes an informal disposition under Section 52.03 or after the
19-24 90th day after [On successful completion by] the date the child
19-25 successfully completes [of] a first offender program under Section
19-26 52.031 [or informal disposition under Section 52.03], the law
19-27 enforcement agency shall destroy all information, including
20-1 photographs and fingerprints, relating to the child.
20-2 (d) If information relating to a child is contained in a
20-3 document that also contains information relating to an adult and a
20-4 law enforcement agency is required to destroy all information
20-5 relating to the child under this section, the agency shall alter
20-6 the document so that the information relating to the child is
20-7 destroyed and the information relating to the adult is preserved.
20-8 (e) The deletion of a computer entry constitutes destruction
20-9 of the information contained in the entry.
20-10 (f) A law enforcement agency may maintain information
20-11 relating to a child after the 90th day after the date the child
20-12 successfully completes a first offender program under Section
20-13 52.031 only to determine the child's eligibility to participate in
20-14 a first offender program.
20-15 SECTION 16. Section 58.002, Family Code, is amended by
20-16 adding Subsections (c) and (d) to read as follows:
20-17 (c) This section does not prohibit the photographing or
20-18 fingerprinting of a child who is not in custody if the child
20-19 consents to the photographing or fingerprinting.
20-20 (d) This section does not apply to fingerprints that are
20-21 required or authorized to be submitted or obtained for an
20-22 application for a driver's license or personal identification card.
20-23 SECTION 17. Section 58.003, Family Code, is amended by
20-24 adding Subsection (m) to read as follows:
20-25 (m) A record created or maintained under Article 6252-13c.1,
20-26 Revised Statutes, may not be sealed under this section if the
20-27 person who is the subject of the record has a continuing obligation
21-1 to register under that article.
21-2 SECTION 18. Section 58.007, Family Code, is amended by
21-3 amending Subsection (c) and adding Subsection (g) to read as
21-4 follows:
21-5 (c) Except as provided by Subsection (d), law enforcement
21-6 records and files concerning a child may not be disclosed to the
21-7 public and shall be:
21-8 (1) [be] kept separate from adult files and records;
21-9 and
21-10 (2) [be] maintained on a local basis only and not sent
21-11 to a central state or federal depository, except as provided by
21-12 Subchapter B.
21-13 (g) For the purpose of offering a record as evidence in the
21-14 punishment phase of a criminal proceeding, a prosecuting attorney
21-15 may obtain the record of a defendant's adjudication that is
21-16 admissible under Section 3(a), Article 37.07, Code of Criminal
21-17 Procedure, by submitting a request for the record to the juvenile
21-18 court that made the adjudication. If a court receives a request
21-19 from a prosecuting attorney under this subsection, the court shall,
21-20 if the court possesses the requested record of adjudication,
21-21 certify and provide the prosecuting attorney with a copy of the
21-22 record.
21-23 SECTION 19. Section 58.104(f), Family Code, is amended to
21-24 read as follows:
21-25 (f) Records maintained by the department in the depository
21-26 are subject to being sealed under Section 58.003. The department
21-27 shall send to the appropriate juvenile court its certification of
22-1 records that the department determines, according to the
22-2 department's records, are eligible for sealing under Section
22-3 58.003(a).
22-4 SECTION 20. Section 59.003, Family Code, is amended to read
22-5 as follows:
22-6 Sec. 59.003. SANCTION LEVEL ASSIGNMENT GUIDELINES. (a)
22-7 Subject to Subsection (e), after a child's first commission of
22-8 delinquent conduct or conduct indicating a need for supervision,
22-9 the probation department or prosecuting attorney may, or the
22-10 juvenile court may, in a disposition hearing under Section 54.04 or
22-11 a modification hearing under Section 54.05, assign a child one of
22-12 the following sanction levels according to the child's conduct:
22-13 (1) for conduct indicating a need for supervision,
22-14 other than a Class A or B misdemeanor, the sanction level is one;
22-15 (2) for a Class A or B misdemeanor, other than a
22-16 misdemeanor involving the use or possession of a firearm, or for
22-17 delinquent conduct under Section 51.03(a)(2) or (3), the sanction
22-18 level is two;
22-19 (3) for a misdemeanor involving the use or possession
22-20 of a firearm or for a state jail felony or a felony of the third
22-21 degree, the sanction level is three;
22-22 (4) for a felony of the second degree, the sanction
22-23 level is four;
22-24 (5) for a felony of the first degree, other than a
22-25 felony involving the use of a deadly weapon or causing serious
22-26 bodily injury, the sanction level is five;
22-27 (6) for a felony of the first degree involving the use
23-1 of a deadly weapon or causing serious bodily injury, [or] for an
23-2 aggravated controlled substance felony, or for a capital felony,
23-3 the sanction level is six [or, if the petition has been approved
23-4 by a grand jury under Section 53.045, seven]; or
23-5 (7) for a [capital] felony of the first degree
23-6 involving the use of a deadly weapon or causing serious bodily
23-7 injury, for an aggravated controlled substance felony, or for a
23-8 capital felony, if the petition has been approved by a grand jury
23-9 under Section 53.045, or if a petition to transfer the child to
23-10 criminal court has been filed under Section 54.02, the sanction
23-11 level is seven.
23-12 (b) Subject to Subsection (e), if the child subsequently is
23-13 found to have engaged in delinquent conduct in an adjudication
23-14 hearing under Section 54.03 or a hearing to modify a disposition
23-15 under Section 54.05 on two separate occasions and each involves a
23-16 violation of a penal law of a classification that is less than the
23-17 classification of the child's previous conduct, the juvenile court
23-18 may assign the child a sanction level that is one level higher than
23-19 the previously assigned sanction level, unless the child's
23-20 previously assigned sanction level is six. [For a child's refusal
23-21 to comply with the restrictions and standards of behavior
23-22 established by the parent or guardian and the court, a parent or
23-23 guardian may notify the court of the child's refusal to comply, and
23-24 the court may place the child at the next level of sanction.
23-25 Notification of the court by the parent or guardian of the child's
23-26 refusal satisfies the requirement of the parent to make a
23-27 reasonable good faith effort to prevent the child from engaging in
24-1 delinquent conduct or engaging in conduct indicating a need for
24-2 supervision.]
24-3 (c) Subject to Subsection (e), if the child's subsequent
24-4 commission of delinquent conduct or conduct indicating a need for
24-5 supervision involves a violation of a penal law of a classification
24-6 that is the same as or greater than the classification of the
24-7 child's previous conduct, the juvenile court may assign the child a
24-8 sanction level that is one level higher than the previously
24-9 assigned sanction level, unless:
24-10 (1) the child's previously assigned sanction level is
24-11 five and the child has not been adjudicated for delinquent conduct;
24-12 (2) the child's previously assigned sanction level is
24-13 six, unless the subsequent violation is of a provision listed under
24-14 Section 53.045(a) and the petition has been approved by a grand
24-15 jury under Section 53.045; or
24-16 (3) the child's previously assigned sanction level is
24-17 seven.
24-18 (d) Subject to Subsection (e), if the child's previously
24-19 assigned sanction level is four or five and the child's subsequent
24-20 commission of delinquent conduct is of the grade of felony, the
24-21 juvenile court may assign the child a sanction level that is one
24-22 level higher than the previously assigned sanction level.
24-23 (e) A juvenile court or probation department that deviates
24-24 from the guidelines under this section shall state in writing its
24-25 reasons for the deviation and submit the statement to the juvenile
24-26 board regardless of whether a progressive sanctions program has
24-27 been adopted by the juvenile board. Nothing in this chapter
25-1 prohibits the imposition of appropriate sanctions that are
25-2 different from those provided at any sanction level.
25-3 (f) The probation department may, in accordance with Section
25-4 54.05, request the extension of [extend] a period of probation
25-5 specified under sanction levels one through five if the
25-6 circumstances of the child warrant the extension [and the probation
25-7 department notifies the juvenile court in writing of the extension
25-8 and the period of and reason for the extension. The court may on
25-9 notice to the probation department deny the extension].
25-10 (g) Before the court assigns the child a sanction level that
25-11 involves the revocation of the child's probation and the commitment
25-12 of the child to the Texas Youth Commission, the court shall hold a
25-13 hearing to modify the disposition as required by Section 54.05.
25-14 SECTION 21. Section 59.004(a), Family Code, is amended to
25-15 read as follows:
25-16 (a) For a child at sanction level one, the juvenile court or
25-17 probation department may:
25-18 (1) require counseling for the child regarding the
25-19 child's conduct;
25-20 (2) inform the child of the progressive sanctions that
25-21 may be imposed on the child if the child continues to engage in
25-22 delinquent conduct or conduct indicating a need for supervision;
25-23 (3) inform the child's parents or guardians of the
25-24 parents' or guardians' responsibility to impose reasonable
25-25 restrictions on the child to prevent the conduct from recurring;
25-26 (4) provide information or other assistance to the
25-27 child or the child's parents or guardians in securing needed social
26-1 services;
26-2 (5) require the child or the child's parents or
26-3 guardians to participate in a program for services under Section
26-4 264.302, if a program under Section 264.302 is available to the
26-5 child or the child's parents or guardians;
26-6 (6) refer the child to a community-based citizen
26-7 intervention program approved by the juvenile court; and
26-8 (7) release the child to the child's parents or
26-9 guardians.
26-10 SECTION 22. Section 59.005(a), Family Code, is amended to
26-11 read as follows:
26-12 (a) For a child at sanction level two, the juvenile court,
26-13 the prosecuting attorney, or the probation department may, as
26-14 provided by Section 53.03:
26-15 (1) place the child on deferred prosecution or
26-16 court-ordered [or informal] probation for not less than three
26-17 months or more than six months;
26-18 (2) require the child to make restitution to the
26-19 victim of the child's conduct or perform community service
26-20 restitution appropriate to the nature and degree of harm caused and
26-21 according to the child's ability;
26-22 (3) require the child's parents or guardians to
26-23 identify restrictions the parents or guardians will impose on the
26-24 child's activities and requirements the parents or guardians will
26-25 set for the child's behavior;
26-26 (4) provide the information required under Sections
26-27 59.004(a)(2) and (4);
27-1 (5) require the child or the child's parents or
27-2 guardians to participate in a program for services under Section
27-3 264.302, if a program under Section 264.302 is available to the
27-4 child or the child's parents or guardians;
27-5 (6) refer the child to a community-based citizen
27-6 intervention program approved by the juvenile court; and
27-7 (7) if appropriate, impose additional conditions of
27-8 probation.
27-9 SECTION 23. Section 59.006(a), Family Code, is amended to
27-10 read as follows:
27-11 (a) For a child at sanction level three, the juvenile court
27-12 may:
27-13 (1) place the child on probation for more [not less]
27-14 than six months and not more than 12 months;
27-15 (2) require the child to make restitution to the
27-16 victim of the child's conduct or perform community service
27-17 restitution appropriate to the nature and degree of harm caused and
27-18 according to the child's ability;
27-19 (3) impose specific restrictions on the child's
27-20 activities and requirements for the child's behavior as conditions
27-21 of probation;
27-22 (4) require a probation officer to closely monitor the
27-23 child's activities and behavior;
27-24 (5) require the child or the child's parents or
27-25 guardians to participate in programs or services designated by the
27-26 court or probation officer; and
27-27 (6) if appropriate, impose additional conditions of
28-1 probation.
28-2 SECTION 24. Section 59.007(a), Family Code, is amended to
28-3 read as follows:
28-4 (a) For a child at sanction level four, the juvenile court
28-5 may:
28-6 (1) require the child to participate as a condition of
28-7 probation for not less than three months or more than 12 months in
28-8 a highly intensive and regimented program that emphasizes
28-9 discipline, physical fitness, social responsibility, and productive
28-10 work;
28-11 (2) after release from the program described by
28-12 Subdivision (1), continue the child on probation supervision for
28-13 not less than six months or more than 12 months;
28-14 (3) require the child to make restitution to the
28-15 victim of the child's conduct or perform community service
28-16 restitution appropriate to the nature and degree of harm caused and
28-17 according to the child's ability;
28-18 (4) impose highly structured restrictions on the
28-19 child's activities and requirements for behavior of the child as
28-20 conditions of probation;
28-21 (5) require a probation officer to closely monitor the
28-22 child;
28-23 (6) require the child or the child's parents or
28-24 guardians to participate in programs or services designed to
28-25 address their particular needs and circumstances; and
28-26 (7) if appropriate, impose additional sanctions.
28-27 SECTION 25. Section 59.008(a), Family Code, is amended to
29-1 read as follows:
29-2 (a) For a child at sanction level five, the juvenile court
29-3 may:
29-4 (1) place [require] the child [to participate as a
29-5 condition of probation] for not less than six months or more than
29-6 12 [nine] months in a post-adjudication secure correctional
29-7 facility [highly structured residential program that emphasizes
29-8 discipline, accountability, physical fitness, and productive work];
29-9 (2) after release from the program described by
29-10 Subdivision (1), continue the child on probation supervision for
29-11 not less than six months or more than 12 months;
29-12 (3) require the child to make restitution to the
29-13 victim of the child's conduct or perform community service
29-14 restitution appropriate to the nature and degree of harm caused and
29-15 according to the child's ability;
29-16 (4) impose highly structured restrictions on the
29-17 child's activities and requirements for behavior of the child as
29-18 conditions of probation;
29-19 (5) require a probation officer to closely monitor the
29-20 child;
29-21 (6) require the child or the child's parents or
29-22 guardians to participate in programs or services designed to
29-23 address their particular needs and circumstances; and
29-24 (7) if appropriate, impose additional sanctions.
29-25 SECTION 26. Section 59.009(a), Family Code, is amended to
29-26 read as follows:
29-27 (a) For a child at sanction level six, the juvenile court
30-1 may [shall] commit the child to the custody of the Texas Youth
30-2 Commission. The commission may:
30-3 (1) require the child to participate in a highly
30-4 structured residential program that emphasizes discipline,
30-5 accountability, fitness, training, and productive work for not less
30-6 than nine months or more than 24 months unless the commission
30-7 extends the period and the reason for an extension is documented;
30-8 (2) require the child to make restitution to the
30-9 victim of the child's conduct or perform community service
30-10 restitution appropriate to the nature and degree of the harm caused
30-11 and according to the child's ability, if there is a victim of the
30-12 child's conduct;
30-13 (3) require the child and the child's parents or
30-14 guardians to participate in programs and services for their
30-15 particular needs and circumstances; and
30-16 (4) if appropriate, impose additional sanctions.
30-17 SECTION 27. Section 59.010(a), Family Code, is amended to
30-18 read as follows:
30-19 (a) For a child at sanction level seven, the juvenile court
30-20 may certify and transfer the child under Section 54.02 or [shall]
30-21 sentence the child to commitment to the Texas Youth Commission
30-22 under Section 54.04(d)(3), 54.04(m), or 54.05(f). The commission
30-23 may:
30-24 (1) require the child to participate in a highly
30-25 structured residential program that emphasizes discipline,
30-26 accountability, fitness, training, and productive work for not less
30-27 than 12 months or more than 10 years unless the commission extends
31-1 the period and the reason for the extension is documented;
31-2 (2) require the child to make restitution to the
31-3 victim of the child's conduct or perform community service
31-4 restitution appropriate to the nature and degree of harm caused and
31-5 according to the child's ability, if there is a victim of the
31-6 child's conduct;
31-7 (3) require the child and the child's parents or
31-8 guardians to participate in programs and services for their
31-9 particular needs and circumstances; and
31-10 (4) impose any other appropriate sanction.
31-11 SECTION 28. Section 264.302(e), Family Code, is amended to
31-12 read as follows:
31-13 (e) The department shall provide services[, directly or by
31-14 contract,] for a child and the child's family if a contract to
31-15 provide services under this section is available in the county and
31-16 the child is referred to the department as an at-risk child by:
31-17 (1) a court under Section 264.304;
31-18 (2) a juvenile court or probation department as part
31-19 of a progressive sanctions program under Chapter 59;
31-20 (3) a law enforcement officer or agency under Section
31-21 52.03; or
31-22 (4) a justice or municipal court under Section 54.022.
31-23 SECTION 29. Section 3, Article 37.07, Code of Criminal
31-24 Procedure, is amended by amending Subsection (a) and adding
31-25 Subsection (h) to read as follows:
31-26 (a) Regardless of the plea and whether the punishment be
31-27 assessed by the judge or the jury, evidence may be offered by the
32-1 state and the defendant as to any matter the court deems relevant
32-2 to sentencing, including but not limited to the prior criminal
32-3 record of the defendant, his general reputation, his character, an
32-4 opinion regarding his character, the circumstances of the offense
32-5 for which he is being tried, and, notwithstanding Rules 404 and
32-6 405, Texas Rules of Criminal Evidence, any other evidence of an
32-7 extraneous crime or bad act that is shown beyond a reasonable doubt
32-8 by evidence to have been committed by the defendant or for which he
32-9 could be held criminally responsible, regardless of whether he has
32-10 previously been charged with or finally convicted of the crime or
32-11 act. A court may consider as a factor in mitigating punishment the
32-12 conduct of a defendant while participating in a program under
32-13 Chapter 17 [of this code] as a condition of release on bail.
32-14 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
32-15 Evidence, and subject to Subsection (h), evidence may be offered by
32-16 the state and the defendant of an adjudication of delinquency based
32-17 on a violation by the defendant of a penal law of the grade of:
32-18 (1) a felony; or
32-19 (2) a misdemeanor punishable by confinement in jail.
32-20 (h) Evidence of an adjudication for conduct that is a
32-21 violation of a penal law of the grade of misdemeanor punishable by
32-22 confinement in jail is admissible only if the conduct upon which
32-23 the adjudication is based occurred on or after January 1, 1996.
32-24 SECTION 30. Section 61.073, Human Resources Code, is amended
32-25 to read as follows:
32-26 Sec. 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The
32-27 commission shall keep written records of all examinations and
33-1 conclusions based on them and of all orders concerning the
33-2 disposition or treatment of each child subject to its control.
33-3 Except as provided by Section 61.093(c), these [These] records are
33-4 not public and are available only according to the provisions of
33-5 Section 58.005, Family Code, and Chapter 61, Code of Criminal
33-6 Procedure.
33-7 SECTION 31. Section 61.077, Human Resources Code, is amended
33-8 to read as follows:
33-9 Sec. 61.077. CHILDREN WITH MENTAL ILLNESS OR MENTAL
33-10 RETARDATION [MENTALLY ILL OR RETARDED CHILD]. (a) [If the
33-11 commission determines that a child committed to it is mentally ill,
33-12 the commission, without delay, shall return the child to the court
33-13 of original jurisdiction for appropriate disposition or shall
33-14 request that the court in the county where the child is located
33-15 take any action required by the condition of the child.]
33-16 [(b)] The commission shall accept a child committed to the
33-17 commission who is mentally ill or mentally retarded.
33-18 (b) Unless a child is committed to the commission under a
33-19 determinate sentence under Section 54.04(d)(3), 54.04(m), or
33-20 54.05(f), Family Code, the commission shall discharge a child who
33-21 is mentally ill or mentally retarded from its custody if:
33-22 (1) the child has completed the minimum length of stay
33-23 for the child's committing offense; and
33-24 (2) the commission determines that the child is unable
33-25 to progress in the commission's rehabilitation programs because of
33-26 the child's mental illness or mental retardation.
33-27 SECTION 32. Subchapter E, Chapter 61, Human Resources Code,
34-1 is amended by adding Section 61.0772 to read as follows:
34-2 Sec. 61.0772. EXAMINATION BEFORE DISCHARGE. (a) The
34-3 commission shall establish a system that identifies children in the
34-4 commission's custody who are mentally ill or mentally retarded.
34-5 (b) Not later than the 30th day before the date a child who
34-6 is identified as mentally ill is discharged from the commission's
34-7 custody under Section 61.077(b), a commission psychiatrist shall
34-8 examine the child. The psychiatrist shall file a sworn application
34-9 for court-ordered mental health services, as provided in Subchapter
34-10 C, Chapter 574, Health and Safety Code, if the psychiatrist
34-11 determines that the child is mentally ill and the child meets at
34-12 least one of the criteria listed in Section 574.034, Health and
34-13 Safety Code.
34-14 (c) Not later than the 30th day before the date a child who
34-15 is identified as mentally retarded is discharged from the
34-16 commission's custody under Section 61.077(b), the commission shall
34-17 refer the child for a determination of mental retardation and an
34-18 interdisciplinary team recommendation of the child, as provided by
34-19 Chapter 593, Health and Safety Code, to be performed at a facility
34-20 approved or operated by the Texas Department of Mental Health and
34-21 Mental Retardation or at a community center established in
34-22 accordance with Chapter 534, Health and Safety Code.
34-23 SECTION 33. Section 61.093, Human Resources Code, is amended
34-24 by adding Subsection (c) to read as follows:
34-25 (c) Notwithstanding Section 58.005, Family Code, the
34-26 commission may disseminate to the public the following information
34-27 relating to a child who has escaped from custody:
35-1 (1) the child's name, including other names by which
35-2 the child is known;
35-3 (2) the child's physical description, including sex,
35-4 weight, height, race, ethnicity, eye color, hair color, scars,
35-5 marks, and tattoos;
35-6 (3) a photograph of the child; and
35-7 (4) if necessary to protect the welfare of the
35-8 community, any other information that reveals dangerous
35-9 propensities of the child or expedites the apprehension of the
35-10 child.
35-11 SECTION 34. Section 61.101, Human Resources Code, is amended
35-12 to read as follows:
35-13 Sec. 61.101. YOUTH BOOT CAMP PROGRAMS. (a) The commission
35-14 may establish a youth boot camp program and may employ necessary
35-15 personnel to operate the youth boot camps.
35-16 (b) [The commission, in consultation with the Texas Juvenile
35-17 Probation Commission, may develop a program of moral, academic,
35-18 vocational, physical, and correctional training and activities in
35-19 which a child placed in a youth boot camp as an intermediate
35-20 sanction under Section 54.04(d)(1)(C), Family Code, is required to
35-21 participate, including programs to educate the child as to the
35-22 conditions under which children committed to the Texas Youth
35-23 Commission and the institutional division of the Texas Department
35-24 of Criminal Justice live and follow-up programs to aid successful
35-25 community reintegration.]
35-26 [(c) The commission may refuse to accept a child in a youth
35-27 boot camp as an intermediate sanction under Section 54.04(d)(1)(C),
36-1 Family Code, and may return the child to the juvenile court in the
36-2 same manner and under the same conditions provided under Section
36-3 61.0386.]
36-4 [(d) The placement of a child in a youth boot camp as an
36-5 intermediate sanction under Section 54.04(d)(1)(C), Family Code, is
36-6 not a commitment to the commission, and the child may not be
36-7 transferred by the commission, or be a resident of, any other type
36-8 of commission facility other than a medical facility.]
36-9 [(e)] The commission, in consultation with the Texas
36-10 Juvenile Probation Commission, shall develop guidelines for a
36-11 program of physical and correctional training and military-style
36-12 discipline for children placed in youth boot camps operated by
36-13 local probation departments for violating the conditions of release
36-14 under supervision or parole under Section 61.081.
36-15 (c) [(f)] The commission shall develop a program of physical
36-16 and correctional training and military-style discipline for
36-17 children committed to the commission who are placed in youth boot
36-18 camps or other commission facilities.
36-19 (d) [(g)] The commission shall adopt rules of conduct for
36-20 children participating in the program under this section.
36-21 SECTION 35. Section 141.042(a), Human Resources Code, is
36-22 amended to read as follows:
36-23 (a) The commission shall adopt reasonable rules that
36-24 provide:
36-25 (1) minimum standards for personnel, staffing, case
36-26 loads, programs, facilities, record keeping, equipment, and other
36-27 aspects of the operation of a juvenile board that are necessary to
37-1 provide adequate and effective probation services;
37-2 (2) a code of ethics for probation officers and for
37-3 the enforcement of that code;
37-4 (3) appropriate educational, preservice and in-service
37-5 training, and certification standards for probation officers or
37-6 court-supervised community-based program personnel; [and]
37-7 (4) minimum standards for juvenile detention
37-8 facilities, public post-adjudication juvenile secure correctional
37-9 facilities that are operated under the authority of a juvenile
37-10 board, and private post-adjudication juvenile secure correctional
37-11 facilities, except those facilities exempt from certification by
37-12 Section 42.052(e); and
37-13 (5) procedures for the implementation of a progressive
37-14 sanctions program under Chapter 59, Family Code.
37-15 SECTION 36. Section 574.001, Health and Safety Code, is
37-16 amended by amending Subsection (b) and adding Subsection (f) to
37-17 read as follows:
37-18 (b) Except as provided by Subsection (f), the [The]
37-19 application must be filed with the county clerk in the county in
37-20 which the proposed patient:
37-21 (1) resides;
37-22 (2) is found; or
37-23 (3) is receiving mental health services by court order
37-24 or under Subchapter A, Chapter 573.
37-25 (f) An application in which the proposed patient is a child
37-26 in the custody of the Texas Youth Commission may be filed in the
37-27 county in which the child's commitment to the commission was
38-1 ordered.
38-2 SECTION 37. Section 593.041, Health and Safety Code, is
38-3 amended by amending Subsection (b) and adding Subsection (e) to
38-4 read as follows:
38-5 (b) Except as provided by Subsection (e), the [The]
38-6 application must be filed with the county clerk in the county in
38-7 which the proposed resident resides. If the superintendent of a
38-8 residential care facility files an application for judicial
38-9 commitment of a voluntary resident, the county in which the
38-10 facility is located is considered the resident's county of
38-11 residence.
38-12 (e) An application in which the proposed patient is a child
38-13 in the custody of the Texas Youth Commission may be filed in the
38-14 county in which the child's commitment to the commission was
38-15 ordered.
38-16 SECTION 38. Sections 729.001(a) and (c), Transportation
38-17 Code, are amended to read as follows:
38-18 (a) A person who is [at least 14 years of age but] younger
38-19 than 17 years of age commits an offense if the person operates a
38-20 motor vehicle on a public road or highway, a street or alley in a
38-21 municipality, or a public beach in violation of any traffic law of
38-22 this state, including:
38-23 (1) Chapter 502, other than Section 502.282[,
38-24 502.408(b), 502.409(c),] or 502.412;
38-25 (2) Chapter 521;
38-26 (3) Subtitle C;
38-27 (4) Chapter 601;
39-1 (5) Chapter 621;
39-2 (6) Chapter 661; and
39-3 (7) Chapter 681.
39-4 (c) An offense under this section is a Class C misdemeanor
39-5 [punishable by a fine not to exceed $100].
39-6 SECTION 39. Section 729.002, Transportation Code, is amended
39-7 to read as follows:
39-8 Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
39-9 LICENSE. (a) A person who is [at least 14 years of age but]
39-10 younger than 17 years of age commits an offense if the person
39-11 operates a motor vehicle without a driver's license authorizing the
39-12 operation of a motor vehicle on a:
39-13 (1) public road or highway;
39-14 (2) street or alley in a municipality; or
39-15 (3) public beach as defined by Section 729.001.
39-16 (b) An offense under this section is a Class C misdemeanor
39-17 [punishable by a fine not to exceed $100].
39-18 SECTION 40. Section 729.003(a), Transportation Code, is
39-19 amended to read as follows:
39-20 (a) A person may not plead guilty to an offense under
39-21 Section 729.001 or 729.002 or to a violation of a motor vehicle
39-22 traffic ordinance of an incorporated city or town except in open
39-23 court before a judge. A person may not be convicted of an offense
39-24 or fined as provided by this chapter or under a municipal traffic
39-25 ordinance except in the presence of one or both parents or
39-26 guardians having legal custody of the person. The court shall
39-27 summon one or both parents or guardians to appear in court and
40-1 shall require one or both of them to be present during all
40-2 proceedings in the case. The court may waive the requirement of
40-3 the presence of parents or guardians if, after diligent effort, the
40-4 court cannot locate them or compel their presence.
40-5 SECTION 41. Section 51.02(15), Family Code, is amended to
40-6 read as follows:
40-7 (15) "Status offender" means a child who is accused,
40-8 adjudicated, or convicted for conduct that would not, under state
40-9 law, be a crime if committed by an adult, including:
40-10 (A) truancy under Section 51.03(b)(2);
40-11 (B) running away from home under Section
40-12 51.03(b)(3);
40-13 (C) a fineable only offense under Section
40-14 51.03(b)(1) transferred to the juvenile court under Section
40-15 51.08(b), but only if the conduct constituting the offense would
40-16 not have been criminal if engaged in by an adult;
40-17 (D) failure to attend school under Section
40-18 4.251, Education Code;
40-19 (E) a violation of standards of student conduct
40-20 as described by Section 51.03(b)(5) [51.03(b)(6)];
40-21 (F) a violation of a juvenile curfew ordinance
40-22 or order;
40-23 (G) a violation of a provision of the Alcoholic
40-24 Beverage Code applicable to minors only; or
40-25 (H) a violation of any other fineable only
40-26 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
40-27 the conduct constituting the offense would not have been criminal
41-1 if engaged in by an adult.
41-2 SECTION 42. Section 52.025(b), Family Code, is amended to
41-3 read as follows:
41-4 (b) A child may be detained in a juvenile processing office
41-5 only for:
41-6 (1) the return of the child to the custody of a person
41-7 under Section 52.02(a)(1) [of this code];
41-8 (2) the completion of essential forms and records
41-9 required by the juvenile court or this title;
41-10 (3) the photographing and fingerprinting of the child
41-11 if otherwise authorized at the time of temporary detention by this
41-12 title;
41-13 (4) the issuance of warnings to the child as required
41-14 or permitted by this title; or
41-15 (5) the receipt of a statement by the child under
41-16 Section 51.095(a)(1), (2), (3), or (5) [Section 51.09(b) of this
41-17 code].
41-18 SECTION 43. (a) Section 58.004, Family Code, is repealed.
41-19 (b) Sections 61.0386, 61.0771, 61.102, and 61.103, Human
41-20 Resources Code, are repealed.
41-21 (c) Section 105(e), Chapter 262, Acts of the 74th
41-22 Legislature, Regular Session, 1995, is repealed.
41-23 SECTION 44. The Texas Juvenile Probation Commission shall
41-24 adopt rules relating to the implementation of a progressive
41-25 sanctions program as required by this Act not later than January 1,
41-26 1998.
41-27 SECTION 45. (a) The change in law made by this Act applies
42-1 only to conduct that occurs on or after the effective date of this
42-2 Act. Conduct violating a penal law of the state occurs on or after
42-3 the effective date of this Act if every element of the violation
42-4 occurs on or after that date.
42-5 (b) Conduct that occurs before the effective date of this
42-6 Act is covered by the law in effect at the time the conduct
42-7 occurred, and the former law is continued in effect for that
42-8 purpose.
42-9 SECTION 46. (a) In addition to the substantive changes in
42-10 law made by this Act, this Act conforms the Transportation Code to
42-11 the changes in law made by Section 9(6), Chapter 34, Acts of the
42-12 74th Legislature, Regular Session, 1995.
42-13 (b) To the extent of any conflict, this Act prevails over
42-14 another Act of the 75th Legislature, Regular Session, 1997,
42-15 relating to nonsubstantive additions to and corrections in enacted
42-16 codes.
42-17 SECTION 47. (a) Except as provided by Subsection (b) of
42-18 this section, this Act takes effect September 1, 1997.
42-19 (b) The following sections of this Act take effect
42-20 immediately and apply to a person in the custody of the Texas Youth
42-21 Commission or committed to the custody of the Texas Youth
42-22 Commission on or after the effective date of the section:
42-23 (1) Section 51.0411, Family Code, as added by this
42-24 Act;
42-25 (2) Sections 574.001 and 593.041, Health and Safety
42-26 Code, as amended by this Act;
42-27 (3) Sections 61.077 and 61.093, Human Resources Code,
43-1 as amended by this Act; and
43-2 (4) Section 61.0772, Human Resources Code, as added by
43-3 this Act.
43-4 SECTION 48. The importance of this legislation and the
43-5 crowded condition of the calendars in both houses create an
43-6 emergency and an imperative public necessity that the
43-7 constitutional rule requiring bills to be read on three several
43-8 days in each house be suspended, and this rule is hereby suspended,
43-9 and that this Act take effect and be in force according to its
43-10 terms, and it is so enacted.