HBA-SEB H.B. 688 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 688 By: Gallego Juvenile Justice and Family Issues 7/7/1999 Enrolled BACKGROUND AND PURPOSE After conducting several open meetings and hearing testimony from a number of interested parties, the Texas Judicial Council's Committee on Juvenile Justice Reform/Impact on Courts made recommendations in 1998 for the improvement of juvenile justice in this state, focusing on justice and municipal courts. H.B. 688 responds to those recommendations by clarifying the jurisdiction of the justice and municipal courts, allowing a justice or municipal court to find a juvenile in contempt of court, and authorizing a justice or municipal court to order a child to take the General Educational Development exam. It also broadens the scope of orders a court may give a parent of a juvenile defendant and allows a court flexibility in ordering rehabilitative community service for an alcohol-related offense if the county does not offer programs involving alcohol awareness. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 52.027, Family Code, by amending Subsections (a), (f), (h), and (i) and adding Subsection (j), as follows: (a) Authorizes a child taken into custody for an offense in which a justice or municipal court has jurisdiction under Article 4.11 (Jurisdiction of Justice Courts) or 4.14, Code of Criminal Procedure (Jurisdiction of Municipal Court), other than a public intoxication case, to be released to the child's parent, guardian, custodian, or other responsible adult upon that person's promise to bring the child before the juvenile court at the request of the court. Deletes existing language authorizing the release of a child for a traffic offense or for an offense punishable by fine only. Redesignates Subdivision (3) to (2). (f) Makes conforming changes. (h) Authorizes a municipal or justice court to hold a child in contempt of a court order and to impose a fine of no more than $500 if the child intentionally or knowingly fails to obey a lawful order of disposition after an adjudication of guilt of an offense under the municipal or justice court's jurisdiction, except as provided by Subsection (j). Makes conforming and nonsubstantive changes. (i) Expands the definition of "child" in this section to make a conforming change. Redesignates Paragraphs (B) and (C) to (A) and (B). (j) Prohibits a municipal or justice court from ordering a child to a term of confinement or imprisonment for contempt of a municipal or justice court order under Subsection (h). SECTION 2. Amends Section 54.021(d), Family Code, to grant a justice or municipal court the option to enter an order requiring a person who has engaged in truant conduct under Section 51.03(b)(2), Family Code (Delinquent Conduct; Conduct Indicating a Need for Supervision), or conduct that violates Section 25.094, Education Code (Failure to Attend School), to take the high school equivalency examination provided under Section 7.111, Education Code (High School Equivalency Examinations) if the person is at least 16 years of age. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 54.022, Family Code, as follows: Sec. 54.022. JUSTICE OR MUNICIPAL COURT: CERTAIN MISDEMEANORS. Provides that when a justice or municipal court finds that a child committed an offense under the court's jurisdiction other than a traffic offense or public intoxication, the court has jurisdiction to enter an order requiring the child to attend a special program that is approved by the county commissioners court if the program involves the expenditure of county funds. Authorizes the court, if it finds the child's parent, managing conservator, or guardian by act or omission contributed to the child's conduct, to require the child's parent, managing conservator, or guardian to do or refrain from doing any act that the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the child's welfare, including attending a parenting program or attending the child's school classes or functions. Redesignates existing Subsections (c)-(h) to (b)-(g). Makes conforming and nonsubstantive changes. SECTION 4. Amends Section 106.071(e), Alcoholic Beverage Code, to provide that community service ordered under this section (Punishment for Alcohol-Related Offense by Minor) must relate to education about prevention of misuse of alcohol if the programs or services are available in the court's community. Authorizes the court to order appropriate rehabilitative community service if those programs or services are not available. SECTION 5. Amends Section 106.115(d), Alcoholic Beverage Code, to authorize a court to order a defendant who is a minor or the parent, managing conservator, or guardian to do or refrain from doing any act if the court determines that doing or refraining from doing the act will increase the likelihood that the defendant will present evidence to the court that the defendant has satisfactorily completed an alcohol awareness program or performed the required hours of community service within the prescribed period. Makes conforming changes. SECTION 6. Amends Articles 45.55(a) and (f), Code of Criminal Procedure, to authorize a justice or municipal court to defer proceedings against a defendant under age 18 or enrolled full time in an accredited secondary school in a program leading toward a high school diploma for 90 days if the defendant is charged with an offense within the jurisdiction of the justice or municipal court, rather than a misdemeanor punishable by fine only or a violation of a penal ordinance of a political subdivision. Authorizes a court to transfer a case in which proceedings have been deferred under this section (Dismissal of misdemeanor charge on completion of teen court program) to a court in another county, rather than a contiguous county, if the court to which the case is transferred consents. Makes a conforming change. SECTION 7. Amends Article 45.522(b), Code of Criminal Procedure, to provide that if a person who is a child under Section 51.02, Family Code (Definitions), fails to obey a justice or municipal court order under circumstances that would constitute contempt of court, the justice or municipal court has jurisdiction to hold the child in contempt of the court order as provided by Section 52.027(h), Family Code (regarding the holding of a child in contempt for refusing to obey a lawful order of disposition relating to a traffic or fine-only offense), or to refer the child to the appropriate juvenile court for delinquent conduct for contempt of the court order. SECTION 8. Amends Section 7.111(a), Education Code, to authorize a person who does not have a high school diploma to take a high school equivalency examination in accordance with the rules of the State Board of Education if the person is required to take the examination under a justice or municipal court order issued under Section 54.021(d)(1)(B), Family Code. Makes conforming changes. SECTION 9. Makes application of this Act prospective. SECTION 10. Effective date: September 1, 1999. SECTION 11. Emergency clause.