By Goodman H.B. No. 1550
75R2903 JMC-D
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 Corrections 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) the statement shows that:
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. Section 53.013, Family Code, is amended to read
11-11 as follows:
11-12 Sec. 53.013. PROGRESSIVE SANCTIONS PROGRAM. (a) Each
11-13 juvenile board may adopt a progressive sanctions program using the
11-14 guidelines for progressive sanctions in Chapter 59.
11-15 (b) A juvenile court or probation department that deviates
11-16 from the guidelines under Section 59.003 shall state in writing the
11-17 reasons for the deviation and submit the statement to the juvenile
11-18 board regardless of whether the juvenile board has adopted a
11-19 progressive sanctions program.
11-20 SECTION 7. Section 53.045(a), Family Code, is amended to
11-21 read as follows:
11-22 (a) Except as provided by Subsection (e) [of this section],
11-23 the prosecuting attorney may refer the petition to the grand jury
11-24 of the county in which the court in which the petition is filed
11-25 presides if the petition alleges that the child engaged in
11-26 delinquent conduct that constitutes habitual felony conduct as
11-27 described by Section 51.031 or that included the violation of any
12-1 of the following provisions:
12-2 (1) Section 19.02, Penal Code (murder);
12-3 (2) Section 19.03, Penal Code (capital murder);
12-4 (3) Section 20.04, Penal Code (aggravated kidnapping);
12-5 (4) Section 22.011, Penal Code (sexual assault) or
12-6 Section 22.021, Penal Code (aggravated sexual assault);
12-7 (5) Section 22.02, Penal Code (aggravated assault);
12-8 (6) Section 29.03, Penal Code (aggravated robbery);
12-9 (7) Section 22.04, Penal Code (injury to a child,
12-10 elderly individual, or disabled individual), if the offense is
12-11 punishable as a felony, other than a state jail felony;
12-12 (8) Section 22.05(b), Penal Code (felony deadly
12-13 conduct involving discharging a firearm);
12-14 (9) Subchapter D, Chapter 481, Health and Safety Code,
12-15 if the conduct constitutes a felony of the first degree or an
12-16 aggravated controlled substance felony (certain offenses involving
12-17 controlled substances);
12-18 (10) Section 15.03, Penal Code (criminal
12-19 solicitation);
12-20 (11) Section 21.11(a)(1), Penal Code (indecency with a
12-21 child);
12-22 (12) Section 15.031, Penal Code (criminal solicitation
12-23 of a minor); [or]
12-24 (13) Section 15.01, Penal Code (criminal attempt), if
12-25 the offense attempted was an offense under Section 19.02, Penal
12-26 Code (murder) or Section 19.03, Penal Code (capital murder), or an
12-27 offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
13-1 Procedure; or
13-2 (14) Section 28.02, Penal Code (arson), if bodily
13-3 injury or death is suffered by any person by reason of the
13-4 commission of the conduct.
13-5 SECTION 8. Section 54.01(e), Family Code, is amended to read
13-6 as follows:
13-7 (e) At the conclusion of the hearing, the court shall order
13-8 the child released from detention unless it finds that:
13-9 (1) he is likely to abscond or be removed from the
13-10 jurisdiction of the court;
13-11 (2) suitable supervision, care, or protection for him
13-12 is not being provided by a parent, guardian, custodian, or other
13-13 person;
13-14 (3) he has no parent, guardian, custodian, or other
13-15 person able to return him to the court when required;
13-16 (4) he [is accused of committing a felony offense and]
13-17 may be dangerous to himself or may threaten the safety of the
13-18 public [others] if released; or
13-19 (5) he has previously been found to be a delinquent
13-20 child or has previously been convicted of a penal offense
13-21 punishable by a term in jail or prison and is likely to commit an
13-22 offense if released.
13-23 SECTION 9. Section 54.04(d), Family Code, is amended to read
13-24 as follows:
13-25 (d) If the court or jury makes the finding specified in
13-26 Subsection (c) [of this section] allowing the court to make a
13-27 disposition in the case:
14-1 (1) the court or jury may, in addition to any order
14-2 required or authorized under Section 54.041 or 54.042 [of this
14-3 code], place the child on probation on such reasonable and lawful
14-4 terms as the court may determine:
14-5 (A) in his own home or in the custody of a
14-6 relative or other fit person; or
14-7 (B) subject to the finding under Subsection (c)
14-8 [of this section] on the placement of the child outside the child's
14-9 home, in:
14-10 (i) a suitable foster home; or
14-11 (ii) a suitable public or private
14-12 institution or agency, except the Texas Youth Commission; [or]
14-13 [(C) after an adjudication that the child
14-14 engaged in delinquent conduct and subject to the finding under
14-15 Subsection (c) on the placement of the child outside the child's
14-16 home, in an intermediate sanction facility operated under Chapter
14-17 61, Human Resources Code;]
14-18 (2) if the court or jury found at the conclusion of
14-19 the adjudication hearing that the child engaged in delinquent
14-20 conduct and if the petition was not approved by the grand jury
14-21 under Section 53.045 [of this code], the court may commit the child
14-22 to the Texas Youth Commission without a determinate sentence;
14-23 (3) if the court or jury found at the conclusion of
14-24 the adjudication hearing that the child engaged in delinquent
14-25 conduct that included a violation of a penal law listed in Section
14-26 53.045(a) [of this code] and if the petition was approved by the
14-27 grand jury under Section 53.045 [of this code], the court or jury
15-1 may sentence the child to commitment in the Texas Youth Commission
15-2 with a possible transfer to the institutional division or the
15-3 pardons and paroles division of the Texas Department of Criminal
15-4 Justice for a term of:
15-5 (A) not more than 40 years if the conduct
15-6 constitutes:
15-7 (i) a capital felony;
15-8 (ii) a felony of the first degree; or
15-9 (iii) an aggravated controlled substance
15-10 felony;
15-11 (B) not more than 20 years if the conduct
15-12 constitutes a felony of the second degree; or
15-13 (C) not more than 10 years if the conduct
15-14 constitutes a felony of the third degree;
15-15 (4) the court may assign the child an appropriate
15-16 sanction level and sanctions as provided by the assignment
15-17 guidelines in Section 59.003; or
15-18 (5) if applicable, the court or jury may make a
15-19 disposition under Subsection (m) [of this section].
15-20 SECTION 10. Section 54.10(b), Family Code, is amended to
15-21 read as follows:
15-22 (b) At the conclusion of the hearing, the referee shall
15-23 transmit written findings and recommendations to the juvenile court
15-24 judge. The juvenile court judge shall adopt, modify, or reject the
15-25 referee's recommendations not later than the next working day after
15-26 the day that the judge receives the recommendations [within 24
15-27 hours]. Failure to act within that time [In the same case of a
16-1 detention hearing as authorized by Section 54.01 of this code, the
16-2 failure of the juvenile court to act within 24 hours] results in
16-3 release of the child by operation of law and a recommendation that
16-4 the child be released operates to secure his immediate release
16-5 subject to the power of the juvenile court judge to modify or
16-6 reject that recommendation.
16-7 SECTION 11. Section 55.03(a), Family Code, is amended to
16-8 read as follows:
16-9 (a) If a child is found or alleged to be unfit to proceed as
16-10 a result of mental retardation under Section 55.04 [of this
16-11 chapter] or is found not responsible for the child's conduct as a
16-12 result of mental retardation under Section 55.05 [of this chapter],
16-13 the court shall order a determination of mental retardation and an
16-14 interdisciplinary team recommendation of the child, as provided by
16-15 Chapter 593, Health and Safety Code, to be performed at a facility
16-16 approved or operated by the Texas Department of Mental Health and
16-17 Mental Retardation or at a community center established in
16-18 accordance with Chapter 534, Health and Safety Code. [If the court
16-19 finds that the results of such determination of mental retardation
16-20 indicate a significantly subaverage general intellectual function
16-21 of 2.5 or more standard deviations below the age-group mean for the
16-22 tests used existing concurrently with significantly related
16-23 deficits in adaptive behavior, the court shall initiate proceedings
16-24 to order commitment of the child to a residential care facility, as
16-25 that term is defined by Section 591.003, Health and Safety Code.]
16-26 SECTION 12. Section 58.001, Family Code, is amended by
16-27 amending Subsection (c) and adding Subsections (d)-(f) to read as
17-1 follows:
17-2 (c) A law enforcement agency may forward information,
17-3 including photographs and fingerprints, relating to a child who has
17-4 been detained or taken into custody by the agency to the Department
17-5 of Public Safety [of the State of Texas] for inclusion in the
17-6 juvenile justice information system created under Subchapter B only
17-7 if the child is referred to juvenile court on or before the 10th
17-8 day after the date the child is detained or taken into custody. If
17-9 the child is not referred to juvenile court within that time, the
17-10 law enforcement agency shall destroy all information, including
17-11 photographs and fingerprints, relating to the child unless the
17-12 child is placed in a first offender program under Section 52.031 or
17-13 on informal disposition under Section 52.03. The law enforcement
17-14 agency may not forward any information to the Department of Public
17-15 Safety [of the State of Texas] relating to the child while the
17-16 child is in a first offender program under Section 52.031, or
17-17 during the 90 days following successful completion of the program
17-18 or while the child is on informal disposition under Section 52.03.
17-19 Except as provided by Subsection (f), after the date the child
17-20 completes an informal disposition under Section 52.03 or after the
17-21 90th day after [On successful completion by] the date the child
17-22 successfully completes [of] a first offender program under Section
17-23 52.031 [or informal disposition under Section 52.03], the law
17-24 enforcement agency shall destroy all information, including
17-25 photographs and fingerprints, relating to the child.
17-26 (d) If information relating to a child is contained in a
17-27 document that also contains information relating to an adult and a
18-1 law enforcement agency is required to destroy all information
18-2 relating to the child under this section, the agency shall alter
18-3 the document so that the information relating to the child is
18-4 destroyed and the information relating to the adult is preserved.
18-5 (e) The deletion of a computer entry constitutes destruction
18-6 of the information contained in the entry.
18-7 (f) A law enforcement agency may maintain information
18-8 relating to a child after the 90th day after the date the child
18-9 successfully completes a first offender program under Section
18-10 52.031 only to determine the child's eligibility to participate in
18-11 a first offender program.
18-12 SECTION 13. Section 58.007, Family Code, is amended by
18-13 amending Subsection (c) and adding Subsection (g) to read as
18-14 follows:
18-15 (c) Except as provided by Subsection (d), law enforcement
18-16 records and files concerning a child may not be disclosed to the
18-17 public and shall be:
18-18 (1) [be] kept separate from adult files and records;
18-19 and
18-20 (2) [be] maintained on a local basis only and not sent
18-21 to a central state or federal depository, except as provided by
18-22 Subchapter B.
18-23 (g) For the purpose of offering a record as evidence in the
18-24 punishment phase of a criminal proceeding, a prosecuting attorney
18-25 may obtain the record of a defendant's adjudication that is
18-26 admissible under Section 3(a), Article 37.07, Code of Criminal
18-27 Procedure, by submitting a request for the record to the juvenile
19-1 court that made the adjudication. If a court receives a request
19-2 from a prosecuting attorney under this subsection, the court shall,
19-3 if the court possesses the requested record of adjudication,
19-4 certify and provide the prosecuting attorney with a copy of the
19-5 record.
19-6 SECTION 14. Section 59.003, Family Code, is amended to read
19-7 as follows:
19-8 Sec. 59.003. SANCTION LEVEL ASSIGNMENT GUIDELINES. (a)
19-9 Subject to Subsection (e), after a child's first commission of
19-10 delinquent conduct or conduct indicating a need for supervision,
19-11 the probation department may or the juvenile court may, in a
19-12 disposition hearing under Section 54.04, assign a child one of the
19-13 following sanction levels according to the child's conduct:
19-14 (1) for conduct indicating a need for supervision,
19-15 other than a Class A or B misdemeanor, the sanction level is one;
19-16 (2) for a Class A or B misdemeanor, other than a
19-17 misdemeanor involving the use or possession of a firearm, or for
19-18 delinquent conduct under Section 51.03(a)(2) or (3), the sanction
19-19 level is two;
19-20 (3) for a misdemeanor involving the use or possession
19-21 of a firearm or for a state jail felony or a felony of the third
19-22 degree, the sanction level is three;
19-23 (4) for a felony of the second degree, the sanction
19-24 level is four;
19-25 (5) for a felony of the first degree, other than a
19-26 felony involving the use of a deadly weapon or causing serious
19-27 bodily injury, the sanction level is five;
20-1 (6) for a felony of the first degree involving the use
20-2 of a deadly weapon or causing serious bodily injury, [or] for an
20-3 aggravated controlled substance felony, or for a capital felony,
20-4 the sanction level is six [or, if the petition has been approved
20-5 by a grand jury under Section 53.045, seven]; or
20-6 (7) if the petition has been approved by a grand jury
20-7 under Section 53.045, or if the child has been transferred under
20-8 Section 54.02, or for a felony of the first degree involving the
20-9 use of a deadly weapon or causing serious bodily injury, for an
20-10 aggravated controlled substance felony, or for a capital felony,
20-11 the sanction level is seven.
20-12 (b) Subject to Subsection (e), if the child subsequently is
20-13 found to have engaged in delinquent conduct in an adjudication
20-14 hearing under Section 54.03 or a hearing to modify a disposition
20-15 under Section 54.05 on two separate occasions and each involves a
20-16 violation of a penal law of a classification that is less than the
20-17 classification of the child's previous conduct, the juvenile court
20-18 may assign the child a sanction level that is one level higher than
20-19 the previously assigned sanction level, unless the child's
20-20 previously assigned sanction level is six. [For a child's refusal
20-21 to comply with the restrictions and standards of behavior
20-22 established by the parent or guardian and the court, a parent or
20-23 guardian may notify the court of the child's refusal to comply, and
20-24 the court may place the child at the next level of sanction.
20-25 Notification of the court by the parent or guardian of the child's
20-26 refusal satisfies the requirement of the parent to make a
20-27 reasonable good faith effort to prevent the child from engaging in
21-1 delinquent conduct or engaging in conduct indicating a need for
21-2 supervision.]
21-3 (c) Subject to Subsection (e), if the child's subsequent
21-4 commission of delinquent conduct or conduct indicating a need for
21-5 supervision involves a violation of a penal law of a classification
21-6 that is the same as or greater than the classification of the
21-7 child's previous conduct, the juvenile court may assign the child a
21-8 sanction level that is one level higher than the previously
21-9 assigned sanction level, unless:
21-10 (1) the child's previously assigned sanction level is
21-11 seven; or
21-12 (2) the child's previously assigned sanction level is
21-13 six, unless the subsequent violation is of a provision listed under
21-14 Section 53.045(a) and the petition has been approved by a grand
21-15 jury under Section 53.045.
21-16 (d) Subject to Subsection (e), if the child's previously
21-17 assigned sanction level is four or five and the child's subsequent
21-18 commission of delinquent conduct is of the grade of felony, the
21-19 juvenile court may assign the child a sanction level that is one
21-20 level higher than the previously assigned sanction level.
21-21 (e) A juvenile court or probation department that deviates
21-22 from the guidelines under this section shall state in writing its
21-23 reasons for the deviation and submit the statement to the juvenile
21-24 board regardless of whether a progressive sanctions program has
21-25 been adopted by the juvenile board. Nothing in this chapter
21-26 prohibits the imposition of appropriate sanctions that are
21-27 different from those provided at any sanction level.
22-1 (f) The probation department may, in accordance with Section
22-2 54.05, request the extension of [extend] a period of probation
22-3 specified under sanction levels one through five if the
22-4 circumstances of the child warrant the extension [and the probation
22-5 department notifies the juvenile court in writing of the extension
22-6 and the period of and reason for the extension. The court may on
22-7 notice to the probation department deny the extension].
22-8 (g) If the court assigns the child a sanction level that
22-9 involves the revocation of the child's probation and the commitment
22-10 of the child to the Texas Youth Commission, the court shall hold a
22-11 hearing to modify the disposition as required by Section 54.05.
22-12 (h) If the juvenile court deviates from the guidelines and
22-13 transfers a child to criminal court under Section 54.02, the
22-14 juvenile court is not required under Subsection (e) to submit to
22-15 the juvenile board a statement of reasons for the deviation.
22-16 SECTION 15. Section 59.004(a), Family Code, is amended to
22-17 read as follows:
22-18 (a) For a child at sanction level one, the juvenile court or
22-19 probation department may:
22-20 (1) require counseling for the child regarding the
22-21 child's conduct;
22-22 (2) inform the child of the progressive sanctions that
22-23 may be imposed on the child if the child continues to engage in
22-24 delinquent conduct or conduct indicating a need for supervision;
22-25 (3) inform the child's parents or guardians of the
22-26 parents' or guardians' responsibility to impose reasonable
22-27 restrictions on the child to prevent the conduct from recurring;
23-1 (4) provide information or other assistance to the
23-2 child or the child's parents or guardians in securing needed social
23-3 services;
23-4 (5) require the child or the child's parents or
23-5 guardians to participate in a program for services under Section
23-6 264.302, if a program under Section 264.302 is available to the
23-7 child or the child's parents or guardians;
23-8 (6) refer the child to a community-based citizen
23-9 intervention program approved by the juvenile court; and
23-10 (7) release the child to the child's parents or
23-11 guardians.
23-12 SECTION 16. Section 59.005(a), Family Code, is amended to
23-13 read as follows:
23-14 (a) For a child at sanction level two, the juvenile court,
23-15 the prosecuting attorney, or the probation department may, as
23-16 provided by Section 53.03:
23-17 (1) place the child on deferred prosecution or
23-18 court-ordered [or informal] probation for not less than three
23-19 months or more than six months;
23-20 (2) require the child to make restitution to the
23-21 victim of the child's conduct or perform community service
23-22 restitution appropriate to the nature and degree of harm caused and
23-23 according to the child's ability;
23-24 (3) require the child's parents or guardians to
23-25 identify restrictions the parents or guardians will impose on the
23-26 child's activities and requirements the parents or guardians will
23-27 set for the child's behavior;
24-1 (4) provide the information required under Sections
24-2 59.004(a)(2) and (4);
24-3 (5) require the child or the child's parents or
24-4 guardians to participate in a program for services under Section
24-5 264.302, if a program under Section 264.302 is available to the
24-6 child or the child's parents or guardians;
24-7 (6) refer the child to a community-based citizen
24-8 intervention program approved by the juvenile court; and
24-9 (7) if appropriate, impose additional conditions of
24-10 probation.
24-11 SECTION 17. Section 59.006(a), Family Code, is amended to
24-12 read as follows:
24-13 (a) For a child at sanction level three, the juvenile court
24-14 may:
24-15 (1) place the child on probation for more [not less]
24-16 than six months and not more than 12 months;
24-17 (2) require the child to make restitution to the
24-18 victim of the child's conduct or perform community service
24-19 restitution appropriate to the nature and degree of harm caused and
24-20 according to the child's ability;
24-21 (3) impose specific restrictions on the child's
24-22 activities and requirements for the child's behavior as conditions
24-23 of probation;
24-24 (4) require a probation officer to closely monitor the
24-25 child's activities and behavior;
24-26 (5) require the child or the child's parents or
24-27 guardians to participate in programs or services designated by the
25-1 court or probation officer that may include placing the child in a
25-2 nonsecure residential facility for not more than six months; and
25-3 (6) if appropriate, impose additional conditions of
25-4 probation.
25-5 SECTION 18. Section 59.007(a), Family Code, is amended to
25-6 read as follows:
25-7 (a) For a child at sanction level four, the juvenile court
25-8 may:
25-9 (1) require the child to participate as a condition of
25-10 probation for not less than three months or more than 12 months in
25-11 a highly intensive and regimented program that emphasizes
25-12 discipline, physical fitness, social responsibility, and productive
25-13 work;
25-14 (2) after release from the program described by
25-15 Subdivision (1), continue the child on probation supervision for
25-16 not less than six months or more than 12 months;
25-17 (3) require the child to make restitution to the
25-18 victim of the child's conduct or perform community service
25-19 restitution appropriate to the nature and degree of harm caused and
25-20 according to the child's ability;
25-21 (4) impose highly structured restrictions on the
25-22 child's activities and requirements for behavior of the child as
25-23 conditions of probation;
25-24 (5) require a probation officer to closely monitor the
25-25 child;
25-26 (6) require the child or the child's parents or
25-27 guardians to participate in programs or services designed to
26-1 address their particular needs and circumstances that may include
26-2 placing the child in a nonsecure residential facility for not more
26-3 than six months; and
26-4 (7) if appropriate, impose additional sanctions.
26-5 SECTION 19. Section 59.008(a), Family Code, is amended to
26-6 read as follows:
26-7 (a) For a child at sanction level five, the juvenile court
26-8 may:
26-9 (1) require the child to participate as a condition of
26-10 probation for not less than six months or more than 12 [nine]
26-11 months in a secure or nonsecure highly structured residential
26-12 program that emphasizes discipline, accountability, physical
26-13 fitness, and productive work;
26-14 (2) after release from the program described by
26-15 Subdivision (1), continue the child on probation supervision for
26-16 not less than six months or more than 12 months;
26-17 (3) require the child to make restitution to the
26-18 victim of the child's conduct or perform community service
26-19 restitution appropriate to the nature and degree of harm caused and
26-20 according to the child's ability;
26-21 (4) impose highly structured restrictions on the
26-22 child's activities and requirements for behavior of the child as
26-23 conditions of probation;
26-24 (5) require a probation officer to closely monitor the
26-25 child;
26-26 (6) require the child or the child's parents or
26-27 guardians to participate in programs or services designed to
27-1 address their particular needs and circumstances; and
27-2 (7) if appropriate, impose additional sanctions.
27-3 SECTION 20. Section 59.009(a), Family Code, is amended to
27-4 read as follows:
27-5 (a) For a child at sanction level six, the juvenile court
27-6 may [shall] commit the child to the custody of the Texas Youth
27-7 Commission. The commission may:
27-8 (1) require the child to participate in a highly
27-9 structured residential program that emphasizes discipline,
27-10 accountability, fitness, training, and productive work for not less
27-11 than nine months or more than 24 months unless the commission
27-12 extends the period and the reason for an extension is documented;
27-13 (2) require the child to make restitution to the
27-14 victim of the child's conduct or perform community service
27-15 restitution appropriate to the nature and degree of the harm caused
27-16 and according to the child's ability, if there is a victim of the
27-17 child's conduct;
27-18 (3) require the child and the child's parents or
27-19 guardians to participate in programs and services for their
27-20 particular needs and circumstances; and
27-21 (4) if appropriate, impose additional sanctions.
27-22 SECTION 21. Section 59.010(a), Family Code, is amended to
27-23 read as follows:
27-24 (a) For a child at sanction level seven, the juvenile court
27-25 may certify and transfer the child under Section 54.02 or [shall]
27-26 sentence the child to commitment to the Texas Youth Commission
27-27 under Section 54.04(d)(3), 54.04(m), or 54.05(f). The commission
28-1 may:
28-2 (1) require the child to participate in a highly
28-3 structured residential program that emphasizes discipline,
28-4 accountability, fitness, training, and productive work for not less
28-5 than 12 months or more than 10 years unless the commission extends
28-6 the period and the reason for the extension is documented;
28-7 (2) require the child to make restitution to the
28-8 victim of the child's conduct or perform community service
28-9 restitution appropriate to the nature and degree of harm caused and
28-10 according to the child's ability, if there is a victim of the
28-11 child's conduct;
28-12 (3) require the child and the child's parents or
28-13 guardians to participate in programs and services for their
28-14 particular needs and circumstances; and
28-15 (4) impose any other appropriate sanction.
28-16 SECTION 22. Section 264.302(e), Family Code, is amended to
28-17 read as follows:
28-18 (e) The department shall provide services[, directly or by
28-19 contract,] for a child and the child's family if a contract to
28-20 provide services under this section is available in the county and
28-21 the child is referred to the department as an at-risk child by:
28-22 (1) a court under Section 264.304;
28-23 (2) a juvenile court or probation department as part
28-24 of a progressive sanctions program under Chapter 59;
28-25 (3) a law enforcement officer or agency under Section
28-26 52.03; or
28-27 (4) a justice or municipal court under Section 54.022.
29-1 SECTION 23. Section 3(a), Article 37.07, Code of Criminal
29-2 Procedure, is amended to read as follows:
29-3 (a) Regardless of the plea and whether the punishment be
29-4 assessed by the judge or the jury, evidence may be offered by the
29-5 state and the defendant as to any matter the court deems relevant
29-6 to sentencing, including but not limited to the prior criminal
29-7 record of the defendant, his general reputation, his character, an
29-8 opinion regarding his character, the circumstances of the offense
29-9 for which he is being tried, and, notwithstanding Rules 404 and
29-10 405, Texas Rules of Criminal Evidence, any other evidence of an
29-11 extraneous crime or bad act that is shown beyond a reasonable doubt
29-12 by evidence to have been committed by the defendant or for which he
29-13 could be held criminally responsible, regardless of whether he has
29-14 previously been charged with or finally convicted of the crime or
29-15 act. A court may consider as a factor in mitigating punishment the
29-16 conduct of a defendant while participating in a program under
29-17 Chapter 17 [of this code] as a condition of release on bail.
29-18 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
29-19 Evidence, evidence may be offered by the state and the defendant of
29-20 an adjudication of delinquency based on conduct that occurred on or
29-21 after January 1, 1996, that violates [a violation by the defendant
29-22 of] a penal law of the grade of:
29-23 (1) a felony; or
29-24 (2) a misdemeanor punishable by confinement in jail.
29-25 SECTION 24. Section 61.073, Human Resources Code, is amended
29-26 to read as follows:
29-27 Sec. 61.073. RECORDS OF EXAMINATIONS AND TREATMENT. The
30-1 commission shall keep written records of all examinations and
30-2 conclusions based on them and of all orders concerning the
30-3 disposition or treatment of each child subject to its control.
30-4 Except as provided by Section 61.093(c), these [These] records are
30-5 not public and are available only according to the provisions of
30-6 Section 58.005, Family Code, and Chapter 61, Code of Criminal
30-7 Procedure.
30-8 SECTION 25. Section 61.077, Human Resources Code, is amended
30-9 to read as follows:
30-10 Sec. 61.077. CHILDREN WITH MENTAL ILLNESS OR MENTAL
30-11 RETARDATION [MENTALLY ILL OR RETARDED CHILD]. (a) [If the
30-12 commission determines that a child committed to it is mentally ill,
30-13 the commission, without delay, shall return the child to the court
30-14 of original jurisdiction for appropriate disposition or shall
30-15 request that the court in the county where the child is located
30-16 take any action required by the condition of the child.]
30-17 [(b)] The commission shall accept a child committed to the
30-18 commission who is mentally ill or mentally retarded.
30-19 (b) Unless a child is committed to the commission under a
30-20 determinate sentence under Section 54.04(d)(3), 54.04(m), or
30-21 54.05(f), Family Code, the commission shall discharge a child who
30-22 is mentally ill or mentally retarded from its custody if:
30-23 (1) the child has completed the minimum length of stay
30-24 for the child's committing offense; and
30-25 (2) the commission determines that the child is unable
30-26 to participate in the commission's rehabilitation programs because
30-27 of the child's mental illness or mental retardation.
31-1 SECTION 26. Section 61.0771, Human Resources Code, is
31-2 amended to read as follows:
31-3 Sec. 61.0771. ADMINISTRATION OF PSYCHOACTIVE MEDICATION
31-4 [TREATMENT OF MENTALLY ILL OR RETARDED CHILD]. (a) The commission
31-5 may administer psychoactive medication to a child who suffers from
31-6 a mental or emotional disorder and who refuses to take the
31-7 medication voluntarily if, because of the child's disorder and
31-8 refusal to take the medication, there exists a risk of danger to
31-9 the child or to others.
31-10 (b) The decision to administer a psychoactive medication
31-11 under this section:
31-12 (1) in an emergency, must be made by a physician; and
31-13 (2) in the absence of an emergency, must be made by
31-14 two physicians, one of whom must be a psychiatrist.
31-15 (c) In this section, "psychoactive medication" has the
31-16 meaning assigned by Section 574.101, Health and Safety Code. [The
31-17 commission and the Texas Department of Mental Health and Mental
31-18 Retardation shall develop and mutually agree to a memorandum of
31-19 understanding to clearly define the roles of the commission and the
31-20 department in providing services to mentally ill or retarded
31-21 children committed to the commission. The memorandum must provide
31-22 clear procedures for serving the children and a means of sharing
31-23 expertise and training opportunities. The commission and the
31-24 department shall adopt rules to implement the memorandum and shall
31-25 update the memorandum and rules annually.]
31-26 SECTION 27. Subchapter E, Chapter 61, Human Resources Code,
31-27 is amended by adding Section 61.0772 to read as follows:
32-1 Sec. 61.0772. EXAMINATION BEFORE DISCHARGE. (a) The
32-2 commission shall establish a system that identifies children in the
32-3 commission's custody who are mentally ill or mentally retarded.
32-4 (b) Not later than the 30th day before the date a child who
32-5 is identified as mentally ill is discharged from the commission's
32-6 custody under Section 61.077(b), a commission psychiatrist shall
32-7 examine the child. The psychiatrist shall file a sworn application
32-8 for court-ordered mental health services, as provided in Subchapter
32-9 C, Chapter 574, Health and Safety Code, if the psychiatrist
32-10 determines that the child is mentally ill and the child meets at
32-11 least one of the criteria listed in Section 574.034, Health and
32-12 Safety Code.
32-13 (c) Not later than the 30th day before the date a child who
32-14 is identified as mentally retarded is discharged from the
32-15 commission's custody under Section 61.077(b), the commission shall
32-16 refer the child for a determination of mental retardation and an
32-17 interdisciplinary team recommendation of the child, as provided by
32-18 Chapter 593, Health and Safety Code, to be performed at a facility
32-19 approved or operated by the Texas Department of Mental Health and
32-20 Mental Retardation or at a community center established in
32-21 accordance with Chapter 534, Health and Safety Code.
32-22 SECTION 28. Subchapter E, Chapter 61, Human Resources Code,
32-23 is amended by adding Section 61.0773 to read as follows:
32-24 Sec. 61.0773. REFERRAL OF VIOLENT AND HABITUAL OFFENDERS
32-25 WITH MENTAL ILLNESS OR MENTAL RETARDATION FOR TRANSFER. (a) After
32-26 a child who is mentally ill or mentally retarded and sentenced to
32-27 commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family
33-1 Code, becomes 16 years of age, the commission shall refer the child
33-2 to the juvenile court that entered the order of commitment for
33-3 approval of the child's transfer to the institutional division of
33-4 the Texas Department of Criminal Justice if:
33-5 (1) the child has not completed the sentence;
33-6 (2) the child's conduct, regardless of whether the
33-7 child was released under supervision under Section 61.081,
33-8 indicates that the welfare of the community requires the transfer;
33-9 and
33-10 (3) the commission determines that the child is unable
33-11 to participate in the commission's rehabilitation programs because
33-12 of the child's mental illness or mental retardation.
33-13 (b) The commission shall cooperate with the court in any
33-14 proceeding for the transfer of the child.
33-15 (c) If a child is released under supervision, a
33-16 determination under Section 61.075(4) revoking the child's release
33-17 under supervision is required before referral of the child to the
33-18 juvenile court under Subsection (a).
33-19 SECTION 29. Section 61.093, Human Resources Code, is amended
33-20 by adding Subsection (c) to read as follows:
33-21 (c) Notwithstanding Section 58.005, Family Code, the
33-22 commission may disseminate to the public the following information
33-23 relating to a child who has escaped from custody:
33-24 (1) the child's name, including other names by which
33-25 the child is known;
33-26 (2) the child's physical description, including sex,
33-27 weight, height, race, ethnicity, eye color, hair color, scars,
34-1 marks, and tattoos;
34-2 (3) a photograph of the child; and
34-3 (4) if necessary to protect the welfare of the
34-4 community, any other information that reveals dangerous
34-5 propensities of the child or expedites the apprehension of the
34-6 child.
34-7 SECTION 30. Section 61.101, Human Resources Code, is amended
34-8 to read as follows:
34-9 Sec. 61.101. YOUTH BOOT CAMP PROGRAMS. (a) The commission
34-10 may establish a youth boot camp program and may employ necessary
34-11 personnel to operate the youth boot camps.
34-12 (b) [The commission, in consultation with the Texas Juvenile
34-13 Probation Commission, may develop a program of moral, academic,
34-14 vocational, physical, and correctional training and activities in
34-15 which a child placed in a youth boot camp as an intermediate
34-16 sanction under Section 54.04(d)(1)(C), Family Code, is required to
34-17 participate, including programs to educate the child as to the
34-18 conditions under which children committed to the Texas Youth
34-19 Commission and the institutional division of the Texas Department
34-20 of Criminal Justice live and follow-up programs to aid successful
34-21 community reintegration.]
34-22 [(c) The commission may refuse to accept a child in a youth
34-23 boot camp as an intermediate sanction under Section 54.04(d)(1)(C),
34-24 Family Code, and may return the child to the juvenile court in the
34-25 same manner and under the same conditions provided under Section
34-26 61.0386.]
34-27 [(d) The placement of a child in a youth boot camp as an
35-1 intermediate sanction under Section 54.04(d)(1)(C), Family Code, is
35-2 not a commitment to the commission, and the child may not be
35-3 transferred by the commission, or be a resident of, any other type
35-4 of commission facility other than a medical facility.]
35-5 [(e)] The commission, in consultation with the Texas
35-6 Juvenile Probation Commission, shall develop guidelines for a
35-7 program of physical and correctional training and military-style
35-8 discipline for children placed in youth boot camps operated by
35-9 local probation departments for violating the conditions of release
35-10 under supervision or parole under Section 61.081.
35-11 (c) [(f)] The commission shall develop a program of physical
35-12 and correctional training and military-style discipline for
35-13 children committed to the commission who are placed in youth boot
35-14 camps or other commission facilities.
35-15 (d) [(g)] The commission shall adopt rules of conduct for
35-16 children participating in the program under this section.
35-17 SECTION 31. Section 141.042(a), Human Resources Code, is
35-18 amended to read as follows:
35-19 (a) The commission shall adopt reasonable rules that
35-20 provide:
35-21 (1) minimum standards for personnel, staffing, case
35-22 loads, programs, facilities, record keeping, equipment, and other
35-23 aspects of the operation of a juvenile board that are necessary to
35-24 provide adequate and effective probation services;
35-25 (2) a code of ethics for probation officers and for
35-26 the enforcement of that code;
35-27 (3) appropriate educational, preservice and in-service
36-1 training, and certification standards for probation officers or
36-2 court-supervised community-based program personnel; [and]
36-3 (4) minimum standards for juvenile detention
36-4 facilities, public post-adjudication juvenile secure correctional
36-5 facilities that are operated under the authority of a juvenile
36-6 board, and private post-adjudication juvenile secure correctional
36-7 facilities, except those facilities exempt from certification by
36-8 Section 42.052(e); and
36-9 (5) procedures for the implementation of a progressive
36-10 sanctions program under Chapter 59, Family Code.
36-11 SECTION 32. Section 574.001, Health and Safety Code, is
36-12 amended by amending Subsection (b) and adding Subsection (f) to
36-13 read as follows:
36-14 (b) Except as provided by Subsection (f), the [The]
36-15 application must be filed with the county clerk in the county in
36-16 which the proposed patient:
36-17 (1) resides;
36-18 (2) is found; or
36-19 (3) is receiving mental health services by court order
36-20 or under Subchapter A, Chapter 573.
36-21 (f) An application in which the proposed patient is a child
36-22 in the custody of the Texas Youth Commission may be filed in the
36-23 county in which the child's commitment to the commission was
36-24 ordered.
36-25 SECTION 33. Section 593.041, Health and Safety Code, is
36-26 amended by amending Subsection (b) and adding Subsection (e) to
36-27 read as follows:
37-1 (b) Except as provided by Subsection (e), the [The]
37-2 application must be filed with the county clerk in the county in
37-3 which the proposed resident resides. If the superintendent of a
37-4 residential care facility files an application for judicial
37-5 commitment of a voluntary resident, the county in which the
37-6 facility is located is considered the resident's county of
37-7 residence.
37-8 (e) An application in which the proposed patient is a child
37-9 in the custody of the Texas Youth Commission may be filed in the
37-10 county in which the child's commitment to the commission was
37-11 ordered.
37-12 SECTION 34. Section 51.02(15), Family Code, is amended to
37-13 read as follows:
37-14 (15) "Status offender" means a child who is accused,
37-15 adjudicated, or convicted for conduct that would not, under state
37-16 law, be a crime if committed by an adult, including:
37-17 (A) truancy under Section 51.03(b)(2);
37-18 (B) running away from home under Section
37-19 51.03(b)(3);
37-20 (C) a fineable only offense under Section
37-21 51.03(b)(1) transferred to the juvenile court under Section
37-22 51.08(b), but only if the conduct constituting the offense would
37-23 not have been criminal if engaged in by an adult;
37-24 (D) failure to attend school under Section
37-25 4.251, Education Code;
37-26 (E) a violation of standards of student conduct
37-27 as described by Section 51.03(b)(5) [51.03(b)(6)];
38-1 (F) a violation of a juvenile curfew ordinance
38-2 or order;
38-3 (G) a violation of a provision of the Alcoholic
38-4 Beverage Code applicable to minors only; or
38-5 (H) a violation of any other fineable only
38-6 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
38-7 the conduct constituting the offense would not have been criminal
38-8 if engaged in by an adult.
38-9 SECTION 35. Section 52.025(b), Family Code, is amended to
38-10 read as follows:
38-11 (b) A child may be detained in a juvenile processing office
38-12 only for:
38-13 (1) the return of the child to the custody of a person
38-14 under Section 52.02(a)(1) [of this code];
38-15 (2) the completion of essential forms and records
38-16 required by the juvenile court or this title;
38-17 (3) the photographing and fingerprinting of the child
38-18 if otherwise authorized at the time of temporary detention by this
38-19 title;
38-20 (4) the issuance of warnings to the child as required
38-21 or permitted by this title; or
38-22 (5) the receipt of a statement by the child under
38-23 Section 51.095(a)(1), (2), (3), or (5) [Section 51.09(b) of this
38-24 code].
38-25 SECTION 36. (a) Section 58.004, Family Code, is repealed.
38-26 (b) Sections 61.0386, 61.102, and 61.103, Human Resources
38-27 Code, are repealed.
39-1 (c) Section 105(e), Chapter 262, Acts of the 74th
39-2 Legislature, Regular Session, 1995, is repealed.
39-3 SECTION 37. The Texas Juvenile Probation Commission shall
39-4 adopt rules relating to the implementation of a progressive
39-5 sanctions program as required by this Act not later than January 1,
39-6 1998.
39-7 SECTION 38. (a) The change in law made by this Act applies
39-8 only to conduct that occurs on or after the effective date of this
39-9 Act. Conduct violating a penal law of the state occurs on or after
39-10 the effective date of this Act if every element of the violation
39-11 occurs on or after that date.
39-12 (b) Conduct that occurs before the effective date of this
39-13 Act is covered by the law in effect at the time the conduct
39-14 occurred, and the former law is continued in effect for that
39-15 purpose.
39-16 SECTION 39. (a) Except as provided by Subsection (b) of
39-17 this section, this Act takes effect September 1, 1997.
39-18 (b) The following sections of this Act take effect
39-19 immediately and apply to a person in the custody of the Texas Youth
39-20 Commission or committed to the custody of the Texas Youth
39-21 Commission on or after the effective date of the section:
39-22 (1) Section 51.0411, Family Code, as added by this
39-23 Act;
39-24 (2) Sections 574.001 and 593.041, Health and Safety
39-25 Code, as amended by this Act;
39-26 (3) Sections 61.077, 61.0771, and 61.093, Human
39-27 Resources Code, as amended by this Act; and
40-1 (4) Section 61.0772, Human Resources Code, as added by
40-2 this Act.
40-3 SECTION 40. The importance of this legislation and the
40-4 crowded condition of the calendars in both houses create an
40-5 emergency and an imperative public necessity that the
40-6 constitutional rule requiring bills to be read on three several
40-7 days in each house be suspended, and this rule is hereby suspended,
40-8 and that this Act take effect and be in force according to its
40-9 terms, and it is so enacted.