By Goodman, Keel, et al. H.B. No. 3517
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the detention, adjudication, and disposition of certain
1-3 persons within the juvenile justice system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.095, Family Code, is amended by adding
1-6 Subsection (d) to read as follows:
1-7 (d) A juvenile law referee or master may perform the duties
1-8 imposed on a magistrate under this section without the approval of
1-9 the juvenile court if the juvenile board of the county in which the
1-10 statement of the child is made has authorized a referee or master
1-11 to perform the duties of a magistrate under this section.
1-12 SECTION 2. Section 51.12(h), Family Code, is amended to read
1-13 as follows:
1-14 (h) This section does not apply to a person:
1-15 (1) after transfer to criminal court for prosecution
1-16 under Section 54.02; or
1-17 (2) who is at least 17 [18] years of age and who has
1-18 been taken into custody after having:
1-19 (A) escaped from a juvenile facility operated by
1-20 or under contract with the Texas Youth Commission; or
1-21 (B) violated a condition [of probation or] of
1-22 release under supervision of the Texas Youth Commission.
1-23 SECTION 3. Section 51.17(c), Family Code, is amended to read
1-24 as follows:
2-1 (c) Except as otherwise provided by this title, the Texas
2-2 Rules of [Criminal] Evidence applicable to criminal cases and
2-3 Chapter 38, Code of Criminal Procedure, apply in a judicial
2-4 proceeding under this title.
2-5 SECTION 4. Chapter 51, Family Code, is amended by adding
2-6 Section 51.20 to read as follows:
2-7 Sec. 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any
2-8 stage of the proceedings under this title, the juvenile court may
2-9 order a child who is referred to the juvenile court or who is
2-10 alleged by a petition or found to have engaged in delinquent
2-11 conduct or conduct indicating a need for supervision to be examined
2-12 by an appropriate expert, including a physician, psychiatrist, or
2-13 psychologist.
2-14 (b) If, after conducting an examination of a child ordered
2-15 under Subsection (a) and reviewing any other relevant information,
2-16 there is reason to believe that the child has a mental illness or
2-17 mental retardation, the probation department shall refer the child
2-18 to the local mental health or mental retardation authority for
2-19 evaluation and services, unless the prosecuting attorney has filed
2-20 a petition under Section 53.04.
2-21 SECTION 5. Section 52.02(c), Family Code, is amended to read
2-22 as follows:
2-23 (c) A person who takes a child into custody and who has
2-24 reasonable grounds to believe that the child has been operating a
2-25 motor vehicle in a public place while having any detectable amount
2-26 of alcohol in the child's system may, before complying with
2-27 Subsection (a):
3-1 (1) take the child to a place to obtain a specimen of
3-2 the child's breath or blood as provided by Chapter 724,
3-3 Transportation Code; and
3-4 (2) perform intoxilyzer processing and videotaping of
3-5 the child in an adult processing office of a law enforcement agency
3-6 [police department].
3-7 SECTION 6. Chapter 53, Family Code, is amended by adding
3-8 Section 53.035 to read as follows:
3-9 Sec. 53.035. GRAND JURY REFERRAL. (a) The prosecuting
3-10 attorney may, before filing a petition under Section 53.04, refer
3-11 an offense to a grand jury in the county in which the offense is
3-12 alleged to have been committed.
3-13 (b) The grand jury has the same jurisdiction and powers to
3-14 investigate the facts and circumstances concerning an offense
3-15 referred to the grand jury under this section as it has to
3-16 investigate other criminal activity.
3-17 (c) If the grand jury votes to take no action on an offense
3-18 referred to the grand jury under this section, the prosecuting
3-19 attorney may not file a petition under Section 53.04 concerning the
3-20 offense unless the same or a successor grand jury approves the
3-21 filing of the petition.
3-22 (d) If the grand jury votes for approval of the prosecution
3-23 of an offense referred to the grand jury under this section, the
3-24 prosecuting attorney may file a petition under Section 53.04.
3-25 (e) The approval of the prosecution of an offense by a grand
3-26 jury under this section does not constitute approval of a petition
3-27 by a grand jury for purposes of Section 53.045.
4-1 SECTION 7. Section 54.01, Family Code, is amended by adding
4-2 Subsection (p) to read as follows:
4-3 (p) If a child has not been released under Section 53.02 or
4-4 this section and a petition has not been filed under Section 53.04
4-5 concerning the child, the court shall order the child released from
4-6 detention not later than:
4-7 (1) the 30th working day after the date the initial
4-8 detention hearing is held, if the child is alleged to have engaged
4-9 in conduct constituting a capital felony, an aggravated controlled
4-10 substance felony, or a felony of the first degree; or
4-11 (2) the 15th working day after the date the initial
4-12 detention hearing is held, if the child is alleged to have engaged
4-13 in conduct constituting an offense other than an offense listed in
4-14 Subdivision (1).
4-15 SECTION 8. Section 54.02, Family Code, is amended by
4-16 amending Subsections (h) and (j) and adding Subsections (o)-(r) to
4-17 read as follows:
4-18 (h) If the juvenile court waives jurisdiction, it shall
4-19 state specifically in the order its reasons for waiver and certify
4-20 its action, including the written order and findings of the court,
4-21 and shall transfer the person to the appropriate court for criminal
4-22 proceedings and cause the results of the diagnostic study of the
4-23 person ordered under Subsection (d), including psychological
4-24 information, to be transferred to the appropriate criminal
4-25 prosecutor. On transfer of the person for criminal proceedings,
4-26 the person shall be dealt with as an adult and in accordance with
4-27 the Code of Criminal Procedure. The transfer of custody is an
5-1 arrest.
5-2 (j) The juvenile court may waive its exclusive original
5-3 jurisdiction and transfer a person to the appropriate district
5-4 court or criminal district court for criminal proceedings if:
5-5 (1) the person is 18 years of age or older;
5-6 (2) the person was:
5-7 (A) 10 years of age or older and under 17 years
5-8 of age at the time the person is alleged to have committed a
5-9 capital felony or an offense under Section 19.02, Penal Code;
5-10 (B) 14 years of age or older and under 17 years
5-11 of age at the time the person [he] is alleged to have committed [a
5-12 capital felony,] an aggravated controlled substance felony[,] or a
5-13 felony of the first degree other than an offense under Section
5-14 19.02, Penal Code; or
5-15 (C) [(B)] 15 years of age or older and under 17
5-16 years of age at the time the person is alleged to have committed a
5-17 felony of the second or third degree or a state jail felony;
5-18 (3) no adjudication concerning the alleged offense has
5-19 been made or no adjudication hearing concerning the offense has
5-20 been conducted;
5-21 (4) the juvenile court finds from a preponderance of
5-22 the evidence that:
5-23 (A) for a reason beyond the control of the state
5-24 it was not practicable to proceed in juvenile court before the 18th
5-25 birthday of the person; or
5-26 (B) after due diligence of the state it was not
5-27 practicable to proceed in juvenile court before the 18th birthday
6-1 of the person because:
6-2 (i) the state did not have probable cause
6-3 to proceed in juvenile court and new evidence has been found since
6-4 the 18th birthday of the person;
6-5 (ii) the person could not be found; or
6-6 (iii) a previous transfer order was
6-7 reversed by an appellate court or set aside by a district court;
6-8 and
6-9 (5) the juvenile court determines that there is
6-10 probable cause to believe that the child before the court committed
6-11 the offense alleged.
6-12 (o) If a respondent is taken into custody for possible
6-13 discretionary transfer proceedings under Subsection (j), the
6-14 juvenile court shall hold a detention hearing in the same manner as
6-15 provided by Section 54.01, except that the court shall order the
6-16 respondent released unless it finds that the respondent:
6-17 (1) is likely to abscond or be removed from the
6-18 jurisdiction of the court;
6-19 (2) may be dangerous to himself or herself or may
6-20 threaten the safety of the public if released; or
6-21 (3) has previously been found to be a delinquent child
6-22 or has previously been convicted of a penal offense punishable by a
6-23 term of jail or prison and is likely to commit an offense if
6-24 released.
6-25 (p) If the juvenile court does not order a respondent
6-26 released under Subsection (o), the court shall, pending the
6-27 conclusion of the discretionary transfer hearing, order that the
7-1 respondent be detained in:
7-2 (1) a certified juvenile detention facility as
7-3 provided by Subsection (q); or
7-4 (2) an appropriate county facility for the detention
7-5 of adults accused of criminal offenses.
7-6 (q) The detention of a respondent in a certified juvenile
7-7 detention facility must comply with the detention requirements
7-8 under this title, except that, to the extent practicable, the
7-9 person shall be kept separate from children detained in the same
7-10 facility.
7-11 (r) If the juvenile court orders a respondent detained in a
7-12 county facility under Subsection (p), the county sheriff shall take
7-13 custody of the respondent under the juvenile court's order. The
7-14 juvenile court shall set or deny bond for the respondent as
7-15 required by the Code of Criminal Procedure and other law applicable
7-16 to the pretrial detention of adults accused of criminal offenses.
7-17 SECTION 9. Sections 54.03(d) and (f), Family Code, are
7-18 amended to read as follows:
7-19 (d) Except as provided by Section 54.031 [of this chapter],
7-20 only material, relevant, and competent evidence in accordance with
7-21 the Texas Rules of [Criminal] Evidence applicable to criminal cases
7-22 and Chapter 38, Code of Criminal Procedure, may be considered in
7-23 the adjudication hearing. Except in a detention or discretionary
7-24 transfer hearing, a social history report or social service file
7-25 shall not be viewed by the court before the adjudication decision
7-26 and shall not be viewed by the jury at any time.
7-27 (f) At the conclusion of the adjudication hearing, the court
8-1 or jury shall find whether or not the child has engaged in
8-2 delinquent conduct or conduct indicating a need for supervision.
8-3 The finding must be based on competent evidence admitted at the
8-4 hearing. The child shall be presumed to be innocent of the charges
8-5 against the child [him] and no finding that a child has engaged in
8-6 delinquent conduct or conduct indicating a need for supervision may
8-7 be returned unless the state has proved such beyond a reasonable
8-8 doubt. In all jury cases the jury will be instructed that the
8-9 burden is on the state to prove that a child has engaged in
8-10 delinquent conduct or is in need of supervision beyond a reasonable
8-11 doubt. A child may be adjudicated as having engaged in conduct
8-12 constituting a lesser included offense as provided by Articles
8-13 37.08 and 37.09, Code of Criminal Procedure.
8-14 SECTION 10. Section 54.04, Family Code, is amended by
8-15 amending Subsection (l) and adding Subsection (q) to read as
8-16 follows:
8-17 (l) Except as provided by Subsection (q), a [A] court or
8-18 jury may place a child on probation under Subsection (d)(1) [of
8-19 this section] for any period, except that probation may not
8-20 continue on or after the child's 18th birthday. Except as provided
8-21 by Subsection (q), the [The] court may, before the period of
8-22 probation ends, extend the probation for any period, except that
8-23 the probation may not extend to or after the child's 18th birthday.
8-24 (q) If a court or jury sentences a child to commitment in
8-25 the Texas Youth Commission under Subsection (d)(3) for a term of
8-26 not more than 10 years, the court or jury may place the child on
8-27 probation under Subsection (d)(1) as an alternative to making the
9-1 disposition under Subsection (d)(3). The court shall prescribe the
9-2 period of probation ordered under this subsection for a term of not
9-3 more than 10 years. The court may, before the sentence of
9-4 probation expires, extend the probationary period under Section
9-5 54.05, except that the sentence of probation and any extension may
9-6 not exceed 10 years. The court may, before the child's 18th
9-7 birthday, discharge the child from the sentence of probation. If a
9-8 sentence of probation ordered under this subsection and any
9-9 extension of probation ordered under Section 54.05 will continue
9-10 after the child's 18th birthday, the court shall discharge the
9-11 child from the sentence of probation on the child's 18th birthday
9-12 unless the court transfers the child to an appropriate district
9-13 court under Section 54.051.
9-14 SECTION 11. Section 54.05, Family Code, is amended by
9-15 amending Subsections (f)-(h) and adding Subsection (j) to read as
9-16 follows:
9-17 (f) Except as provided by Subsection (j), a [A] disposition
9-18 based on a finding that the child engaged in delinquent conduct may
9-19 be modified so as to commit the child to the Texas Youth Commission
9-20 if the court after a hearing to modify disposition finds by a
9-21 preponderance of the evidence that the child violated a reasonable
9-22 and lawful order of the court. A disposition based on a finding
9-23 that the child engaged in habitual felony conduct as described by
9-24 Section 51.031 [of this code] or in delinquent conduct that
9-25 included a violation of a penal law listed in Section 53.045(a) [of
9-26 this code] may be modified to commit the child to the Texas Youth
9-27 Commission with a possible transfer to the institutional division
10-1 or the pardons and paroles division of the Texas Department of
10-2 Criminal Justice for a definite term prescribed by Section
10-3 54.04(d)(3) [of this code] if the original petition was approved by
10-4 the grand jury under Section 53.045 [of this code] and if after a
10-5 hearing to modify the disposition the court [or jury] finds that
10-6 the child violated a reasonable and lawful order of the court.
10-7 (g) Except as provided by Subsection (j), a [A] disposition
10-8 based solely on a finding that the child engaged in conduct
10-9 indicating a need for supervision may not be modified to commit the
10-10 child to the Texas Youth Commission. A new finding in compliance
10-11 with Section 54.03 [of this code] must be made that the child
10-12 engaged in delinquent conduct as defined in Section 51.03(a) [of
10-13 this code].
10-14 (h) A hearing shall be held prior to commitment to the Texas
10-15 Youth Commission as a modified disposition. In other disposition
10-16 modifications, the child and the child's [his] parent, guardian,
10-17 guardian ad litem, or attorney may waive hearing in accordance with
10-18 Section 51.09 [of this code. A child in jeopardy of a sentence for
10-19 a determinate term is entitled to a jury of 12 persons on the
10-20 issues of the violation of the court's orders and the sentence].
10-21 (j) If, after conducting a hearing to modify disposition
10-22 without a jury, the court finds by a preponderance of the evidence
10-23 that a child violated a reasonable and lawful condition of
10-24 probation ordered under Section 54.04(q), the court may modify the
10-25 disposition to commit the child to the Texas Youth Commission under
10-26 Section 54.04(d)(3) for a term that does not exceed the original
10-27 sentence assessed by the court or jury.
11-1 SECTION 12. Chapter 54, Family Code, is amended by adding
11-2 Section 54.051 to read as follows:
11-3 Sec. 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO
11-4 APPROPRIATE DISTRICT COURT. (a) On motion of the state concerning
11-5 a child who is placed on probation under Section 54.04(q) for a
11-6 period, including any extension ordered under Section 54.05, that
11-7 will continue after the child's 18th birthday, the juvenile court
11-8 shall hold a hearing to determine whether to transfer the child to
11-9 an appropriate district court or discharge the child from the
11-10 sentence of probation.
11-11 (b) The hearing must be conducted before the child's 18th
11-12 birthday and in the same manner as a hearing to modify disposition
11-13 under Section 54.05.
11-14 (c) If, after a hearing, the court determines to discharge
11-15 the child, the court shall specify a date on or before the child's
11-16 18th birthday to discharge the child from the sentence of
11-17 probation.
11-18 (d) If, after a hearing, the court determines to transfer
11-19 the child, the court shall transfer the child to an appropriate
11-20 district court on the child's 18th birthday.
11-21 (e) A district court that exercises jurisdiction over a
11-22 child transferred under Subsection (d) shall place the child on
11-23 community supervision under Article 42.12, Code of Criminal
11-24 Procedure, for the remainder of the child's probationary period and
11-25 under conditions consistent with those ordered by the juvenile
11-26 court. If a child who is placed on community supervision under
11-27 this subsection violates a condition of that supervision or if the
12-1 child violated a condition of probation ordered under Section
12-2 54.04(q) and that probation violation was not discovered by the
12-3 state before the child's 18th birthday, the district court shall
12-4 dispose of the violation of community supervision or probation, as
12-5 appropriate, in the same manner as if the court had originally
12-6 exercised jurisdiction over the case. The time that a child serves
12-7 on probation ordered under Section 54.04(q) is the same as time
12-8 served on community supervision ordered under this subsection for
12-9 purposes of determining the child's eligibility for early discharge
12-10 from community supervision under Section 20, Article 42.12, Code of
12-11 Criminal Procedure.
12-12 (f) The juvenile court may transfer a child to an
12-13 appropriate district court as provided by this section without a
12-14 showing that the child violated a condition of probation ordered
12-15 under Section 54.04(q).
12-16 SECTION 13. Section 54.10(a), Family Code, is amended to
12-17 read as follows:
12-18 (a) Except as provided by Subsection (c) [of this section],
12-19 a [the] hearing under Section [provided in Sections 54.01,] 54.03,
12-20 54.04, or [and] 54.05, including a jury trial, a hearing under
12-21 Chapter 55, including a jury trial, or a [of this code and the]
12-22 hearing under [provided in] Article IV, Article V, and Article VI
12-23 of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
12-24 this code]) may be held by a referee appointed in accordance with
12-25 Section 51.04(g) or a master appointed under Chapter 54, Government
12-26 Code, [of this code] provided:
12-27 (1) the parties have been informed by the referee or
13-1 master that they are entitled to have the hearing before the
13-2 juvenile court judge [or in the case of a detention hearing
13-3 provided for in Section 54.01 of this code, a substitute judge as
13-4 authorized by Section 51.04(f) of this code]; and [or]
13-5 (2) after each party is given an opportunity to
13-6 object, no party objects to holding the hearing before the referee
13-7 or master [the child and the attorney for the child have in
13-8 accordance with the requirements of Section 51.09 of this code
13-9 waived the right to have the hearing before the juvenile court
13-10 judge or substitute judge].
13-11 SECTION 14. Chapter 55, Family Code, is amended to read as
13-12 follows:
13-13 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
13-14 WITH MENTAL ILLNESS OR MENTAL RETARDATION
13-15 SUBCHAPTER A. GENERAL PROVISIONS
13-16 Sec. 55.01. MEANING OF "HAVING A MENTAL ILLNESS." For
13-17 purposes of this chapter, a child who is described as having a
13-18 mental illness means a child who suffers from mental illness as
13-19 defined by Section 571.003, Health and Safety Code [PHYSICAL OR
13-20 MENTAL EXAMINATION. (a) At any stage of the proceedings under
13-21 this title, the juvenile court may order a child alleged by
13-22 petition or found to have engaged in delinquent conduct or conduct
13-23 indicating a need for supervision to be examined by appropriate
13-24 experts, including a physician, psychiatrist, or psychologist.]
13-25 [(b) If an examination ordered under Subsection (a) of this
13-26 section is to determine whether the child is mentally retarded, the
13-27 examination must consist of a determination of mental retardation
14-1 and an interdisciplinary team recommendation, as provided by
14-2 Chapter 593, Health and Safety Code, and shall be conducted at a
14-3 facility approved or operated by the Texas Department of Mental
14-4 Health and Mental Retardation or at a community center established
14-5 in accordance with Chapter 534, Health and Safety Code].
14-6 Sec. 55.02. MENTAL HEALTH AND MENTAL RETARDATION
14-7 JURISDICTION. For the purpose of initiating proceedings to order
14-8 mental health or mental retardation services for a child or for
14-9 commitment of a child as provided by this chapter, the juvenile
14-10 court has jurisdiction of proceedings under Subtitle C or D, Title
14-11 7, Health and Safety Code.
14-12 Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by
14-13 this chapter, a child for whom inpatient mental health services is
14-14 ordered by a court under this chapter shall be cared for as
14-15 provided by Subtitle C, Title 7, Health and Safety Code.
14-16 (b) Except as provided by this chapter, a child who is
14-17 committed by a court to a residential care facility for mental
14-18 retardation shall be cared for as provided by Subtitle D, Title 7,
14-19 Health and Safety Code.
14-20 (Sections 55.04-55.10 reserved for expansion)
14-21 SUBCHAPTER B. CHILD WITH MENTAL ILLNESS
14-22 Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION. (a)
14-23 On a motion by a party, the juvenile court shall determine whether
14-24 probable cause exists to believe that a child who is alleged by
14-25 petition or found to have engaged in delinquent conduct or conduct
14-26 indicating a need for supervision has a mental illness. In making
14-27 its determination, the court may:
15-1 (1) consider the motion, supporting documents,
15-2 professional statements of counsel, and witness testimony; and
15-3 (2) make its own observation of the child.
15-4 (b) If the court determines that probable cause exists to
15-5 believe that the child has a mental illness, the court shall
15-6 temporarily stay the juvenile court proceedings and immediately
15-7 order the child to be examined under Section 51.20. The
15-8 information obtained from the examination must include expert
15-9 opinion as to whether the child has a mental illness and whether
15-10 the child meets the commitment criteria under Subtitle C, Title 7,
15-11 Health and Safety Code. If ordered by the court, the information
15-12 must also include expert opinion as to whether the child is unfit
15-13 to proceed with the juvenile court proceedings.
15-14 (c) After considering all relevant information, including
15-15 information obtained from an examination under Section 51.20, the
15-16 court shall:
15-17 (1) if the court determines that evidence exists to
15-18 support a finding that the child has a mental illness and that the
15-19 child meets the commitment criteria under Subtitle C, Title 7,
15-20 Health and Safety Code, proceed under Section 55.12; or
15-21 (2) if the court determines that evidence does not
15-22 exist to support a finding that the child has a mental illness or
15-23 that the child meets the commitment criteria under Subtitle C,
15-24 Title 7, Health and Safety Code, dissolve the stay and continue the
15-25 juvenile court proceedings.
15-26 Sec. 55.12 [55.02]. INITIATION OF COMMITMENT PROCEEDINGS
15-27 [CHILD WITH MENTAL ILLNESS]. If, after considering all relevant
16-1 information, the juvenile court determines that evidence exists to
16-2 support a finding that a child has a mental illness and that the
16-3 child meets the commitment criteria under Subtitle C, Title 7,
16-4 Health and Safety Code, the [(a) The] court shall:
16-5 (1) initiate proceedings as provided by Section 55.13
16-6 to order temporary or extended mental health services, as provided
16-7 in Subchapter C, Chapter 574, Health and Safety Code[, for a child
16-8 alleged or found to have engaged in delinquent conduct or conduct
16-9 indicating a need for supervision, if:]
16-10 [(1) on motion by a party or the court it is alleged
16-11 that the child is mentally ill]; or
16-12 (2) refer the child's case as provided by Section
16-13 55.14 to the appropriate court for the initiation of proceedings in
16-14 that court for commitment of the child under Subchapter C, Chapter
16-15 574, Health and Safety Code.
16-16 Sec. 55.13. COMMITMENT PROCEEDINGS IN JUVENILE COURT. (a)
16-17 If the juvenile court initiates proceedings for temporary or
16-18 extended mental health services under Section 55.12(1), the
16-19 prosecuting attorney or the attorney for the child may file with
16-20 the juvenile court an application for court-ordered mental health
16-21 services under Section 574.001, Health and Safety Code. The
16-22 juvenile court shall:
16-23 (1) set a date for a hearing and provide notice as
16-24 required by Sections 574.005 and 574.006, Health and Safety Code;
16-25 and
16-26 (2) conduct the hearing in accordance with Subchapter
16-27 C, Chapter 574, Health and Safety Code.
17-1 (b) The burden of proof at the hearing is on the party who
17-2 filed the application.
17-3 (c) The juvenile court shall appoint the number of
17-4 physicians necessary to examine the child and to complete the
17-5 certificates of medical examination for mental illness required
17-6 under Section 574.009, Health and Safety Code.
17-7 (d) After conducting a hearing on an application under this
17-8 section, the juvenile court shall:
17-9 (1) if the criteria under Section 574.034, Health and
17-10 Safety Code, are satisfied, order temporary mental health services
17-11 for the child; or
17-12 (2) if the criteria under Section 574.035, Health and
17-13 Safety Code, are satisfied, order extended mental health services
17-14 for the child.
17-15 Sec. 55.14. REFERRAL FOR COMMITMENT PROCEEDINGS. (a) If
17-16 the juvenile court refers the child's case to the appropriate court
17-17 for the initiation of commitment proceedings under Section
17-18 55.12(2), the juvenile court shall:
17-19 (1) send all papers relating to the child's mental
17-20 illness to the clerk of the court to which the case is referred;
17-21 (2) send to the office of the appropriate county
17-22 attorney or, if a county attorney is not available, to the office
17-23 of the appropriate district attorney, copies of all papers sent to
17-24 the clerk of the court under Subdivision (1); and
17-25 (3) if the child is in detention:
17-26 (A) order the child released from detention to
17-27 the child's home or another appropriate place;
18-1 (B) order the child detained in an appropriate
18-2 place other than a juvenile detention facility; or
18-3 (C) if an appropriate place to release or detain
18-4 the child as described by Paragraph (A) or (B) is not available,
18-5 order the child to remain in the juvenile detention facility
18-6 subject to further detention orders of the court.
18-7 (b) The papers sent to the clerk of a court under Subsection
18-8 (a)(1) constitute an application for mental health services under
18-9 Section 574.001, Health and Safety Code.
18-10 Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
18-11 MENTAL HEALTH SERVICES. [a child is found or alleged to be unfit
18-12 to proceed as a result of mental illness under Section 55.04 of
18-13 this chapter or is found not responsible for the child's conduct as
18-14 a result of mental illness under Section 55.05 of this chapter.]
18-15 [(b) Subtitle C, Title 7, Health and Safety Code, governs
18-16 proceedings for court-ordered mental health services except that
18-17 the juvenile court shall conduct the proceedings whether or not the
18-18 juvenile court is also a county court.]
18-19 [(c)] If the juvenile court or a court to which the child's
18-20 case is referred under Section 55.12(2) orders mental health
18-21 services for the child, the child shall be cared for, treated, and
18-22 released in conformity to Subtitle C, Title 7, Health and Safety
18-23 Code, except:
18-24 (1) a [juvenile] court order for mental health
18-25 services for [of] a child automatically expires on the 120th day
18-26 after the date the child becomes 18 years of age; and
18-27 (2) the administrator of a mental health facility
19-1 shall notify, in writing, by certified mail, return receipt
19-2 requested, the juvenile court that ordered mental health services
19-3 or the juvenile court that referred the case to a court that
19-4 ordered the mental health services of the intent to discharge the
19-5 child at least 10 days prior to discharge.
19-6 Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
19-7 PROCEEDINGS. (a) If the court to which the child's case is
19-8 referred under Section 55.12(2) orders temporary or extended
19-9 inpatient mental health services for the child, the court shall
19-10 immediately notify in writing the referring juvenile court of the
19-11 court's order for mental health services.
19-12 (b) [(d)] If the juvenile court orders temporary or extended
19-13 inpatient mental health services for the child or if the juvenile
19-14 court receives notice under Subsection (a) from the court to which
19-15 the child's case is referred, the proceedings under this title then
19-16 pending in juvenile court shall be stayed.
19-17 Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
19-18 OF STAY. (a) If the court to which a child's case is referred
19-19 under Section 55.12(2) does not order temporary or extended
19-20 inpatient mental health services for the child, the court shall
19-21 immediately notify in writing the referring juvenile court of the
19-22 court's decision.
19-23 (b) If the juvenile court does not order temporary or
19-24 extended inpatient mental health services for the child or if the
19-25 juvenile court receives notice under Subsection (a) from the court
19-26 to which the child's case is referred, the juvenile court shall
19-27 dissolve the stay and continue the juvenile court proceedings.
20-1 Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
20-2 REACHING 18 YEARS OF AGE. [(e)] If the child is discharged from
20-3 the mental health facility before reaching 18 years of age, the
20-4 juvenile court may:
20-5 (1) dismiss the juvenile court proceedings with
20-6 prejudice; or
20-7 (2) continue with proceedings under this title as
20-8 though no order of mental health services had been made.
20-9 Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
20-10 (a) [(f)] The juvenile court shall transfer all pending proceedings
20-11 from the juvenile court to a criminal court on the 18th birthday of
20-12 a child for whom the juvenile court or a court to which the child's
20-13 case is referred under Section 55.12(2) has ordered inpatient
20-14 mental health services [under this section] if:
20-15 (1) the child is not discharged or furloughed from the
20-16 inpatient mental health [residential care] facility before reaching
20-17 18 years of age; and
20-18 (2) the child is alleged to have engaged in delinquent
20-19 conduct that included a violation of a penal law listed in Section
20-20 53.045 and no adjudication concerning the alleged conduct has been
20-21 made.
20-22 (b) [(g)] The juvenile court shall send notification of the
20-23 transfer of a child under Subsection (a) [(f)] to the inpatient
20-24 mental health [residential care] facility. The criminal court
20-25 shall, within 90 days of the transfer, institute proceedings under
20-26 Article 46.02, Code of Criminal Procedure. If those or any
20-27 subsequent proceedings result in a determination that the defendant
21-1 is competent to stand trial, the defendant may not receive a
21-2 punishment for the delinquent conduct described by Subsection
21-3 (a)(2) [(f)(2)] that results in confinement for a period longer
21-4 than the maximum period of confinement the defendant could have
21-5 received if the defendant had been adjudicated for the delinquent
21-6 conduct while still a child and within the jurisdiction of the
21-7 juvenile court.
21-8 (Sections 55.20-55.30 reserved for expansion)
21-9 SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF
21-10 MENTAL ILLNESS OR MENTAL RETARDATION
21-11 [Sec. 55.03. CHILD WITH MENTAL RETARDATION. (a) If a child
21-12 is found or alleged to be unfit to proceed as a result of mental
21-13 retardation under Section 55.04 or is found not responsible for the
21-14 child's conduct as a result of mental retardation under Section
21-15 55.05, the court shall order a determination of mental retardation
21-16 and an interdisciplinary team recommendation of the child, as
21-17 provided by Chapter 593, Health and Safety Code, to be performed at
21-18 a facility approved or operated by the Texas Department of Mental
21-19 Health and Mental Retardation or at a community center established
21-20 in accordance with Chapter 534, Health and Safety Code.]
21-21 [(b) A child alleged or found to have engaged in delinquent
21-22 conduct or conduct indicating a need for supervision may be
21-23 committed to a residential care facility if:]
21-24 [(1) the child is found unfit to proceed as a result
21-25 of mental retardation under Section 55.04 of this chapter or is
21-26 found not responsible for the child's conduct as a result of mental
21-27 retardation under Section 55.05 of this chapter; and]
22-1 [(2) the child meets the criteria for commitment as
22-2 provided in Subchapter C, Chapter 593, Health and Safety Code.]
22-3 [(c) Subtitle D, Title 7, Health and Safety Code, governs
22-4 proceedings for commitment of a child under this section except
22-5 that:]
22-6 [(1) the juvenile court shall conduct the proceedings
22-7 whether or not the juvenile court is also a county court; and]
22-8 [(2) on receipt of the court's order entering the
22-9 findings required by Subtitle D, Title 7, Health and Safety Code,
22-10 and Subsection (b)(1) of this section, the Texas Department of
22-11 Mental Health and Mental Retardation or the appropriate community
22-12 center shall admit the child to a residential care facility.]
22-13 [(d) If the juvenile court enters an order committing the
22-14 child to a residential care facility, the child shall be cared for,
22-15 treated, and released in conformity to Subtitle D, Title 7, Health
22-16 and Safety Code, except that the administrator of the residential
22-17 care facility shall notify, in writing, the juvenile court that
22-18 ordered commitment of the child of the intent to discharge the
22-19 child from the residential care facility or to furlough the child
22-20 to an alternative placement at least 20 days prior to the date of
22-21 the discharge or furlough.]
22-22 [(e) If the juvenile court orders commitment of a child to a
22-23 residential care facility, the proceedings under this title then
22-24 pending in juvenile court shall be stayed.]
22-25 [(f) If the child committed to a residential care facility
22-26 is discharged or furloughed from the residential care facility as
22-27 provided by Subsection (d) of this section and in accordance with
23-1 Subtitle D, Title 7, Health and Safety Code, before reaching 18
23-2 years of age, the juvenile court may:]
23-3 [(1) dismiss the juvenile court proceedings with
23-4 prejudice; or]
23-5 [(2) continue with proceedings under this title as
23-6 though no order of commitment had been made.]
23-7 [(g) The juvenile court shall transfer all pending
23-8 proceedings from the juvenile court to a criminal court on the 18th
23-9 birthday of a child committed to a residential care facility if:]
23-10 [(1) the child is not discharged or furloughed from
23-11 the residential care facility before reaching 18 years of age; and]
23-12 [(2) the child is alleged to have engaged in
23-13 delinquent conduct that included a violation of a penal law listed
23-14 in Section 53.045.]
23-15 [(h) The juvenile court shall send notification of the
23-16 transfer of a child under Subsection (g) to the residential care
23-17 facility. The criminal court shall, within 90 days of the
23-18 transfer, institute proceedings under Article 46.02, Code of
23-19 Criminal Procedure. If those or any subsequent proceedings result
23-20 in a determination that the defendant is competent to stand trial,
23-21 the defendant may not receive a punishment for the delinquent
23-22 conduct described by Subsection (g)(2) that results in confinement
23-23 for a period longer than the maximum period of confinement the
23-24 defendant could have received if the defendant had been adjudicated
23-25 for the delinquent conduct while still a child and within the
23-26 jurisdiction of the juvenile court.]
23-27 Sec. 55.31 [55.04]. UNFITNESS TO PROCEED DETERMINATION;
24-1 EXAMINATION. (a) A child alleged by petition or found to have
24-2 engaged in delinquent conduct or conduct indicating a need for
24-3 supervision who as a result of mental illness or mental retardation
24-4 lacks capacity to understand the proceedings in juvenile court or
24-5 to assist in the child's [his] own defense is unfit to proceed and
24-6 shall not be subjected to discretionary transfer to criminal court,
24-7 adjudication, disposition, or modification of disposition as long
24-8 as such incapacity endures.
24-9 (b) On a [If on] motion by a party, the juvenile court shall
24-10 determine whether probable cause exists to believe that a child who
24-11 is alleged by petition or who is found to have engaged in
24-12 delinquent conduct or conduct indicating a need for supervision is
24-13 [or the court it is alleged that a child may be] unfit to proceed
24-14 as a result of mental illness or mental retardation[, the court
24-15 shall order appropriate examinations as provided by Section 55.01
24-16 of this chapter]. In making its determination, the court may:
24-17 (1) consider the motion, supporting documents,
24-18 professional statements of counsel, and witness testimony; and
24-19 (2) make its own observation of the child.
24-20 (c) If the court determines that probable cause exists to
24-21 believe that the child is unfit to proceed, the court shall
24-22 temporarily stay the juvenile court proceedings and immediately
24-23 order the child to be examined under Section 51.20. The
24-24 information obtained from the examination [examinations] must
24-25 include expert opinion as to whether the child is unfit to proceed
24-26 as a result of mental illness or mental retardation.
24-27 (d) After considering all relevant information, including
25-1 information obtained from an examination under Section 51.20, the
25-2 court shall:
25-3 (1) if the court determines that evidence exists to
25-4 support a finding that the child is unfit to proceed, proceed under
25-5 Section 55.32; or
25-6 (2) if the court determines that evidence does not
25-7 exist to support a finding that the child is unfit to proceed,
25-8 dissolve the stay and continue the juvenile court proceedings.
25-9 Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If
25-10 the juvenile court determines that evidence exists to support a
25-11 finding that a child is unfit to proceed as a result of mental
25-12 illness or mental retardation, the court shall set the case for a
25-13 hearing on that issue.
25-14 (b) [(c)] The issue of [court or jury shall determine]
25-15 whether the child is unfit to proceed as a result of mental illness
25-16 or mental retardation shall be determined at a hearing separate
25-17 from any other [the adjudication] hearing.
25-18 (c) The court shall determine the issue of whether the child
25-19 is unfit to proceed unless the child or the attorney for the child
25-20 demands a jury before the 10th day before the date of the hearing.
25-21 (d) Unfitness to proceed as a result of mental illness or
25-22 mental retardation must be proved by a preponderance of the
25-23 evidence.
25-24 (e) If the court or jury determines that the child is fit to
25-25 proceed, the juvenile court shall continue with proceedings under
25-26 this title as though no question of fitness to proceed had been
25-27 raised.
26-1 (f) If the court or jury determines that the child is unfit
26-2 to proceed as a result of mental illness or mental retardation, the
26-3 court shall:
26-4 (1) stay the juvenile court proceedings for as long as
26-5 that incapacity endures; and
26-6 (2) proceed under Section 55.33 [initiate proceedings
26-7 under Section 55.02 or Section 55.03 of this chapter].
26-8 (g) [A proceeding to determine fitness to proceed may be
26-9 joined with proceedings under Sections 55.02 and 55.03 of this
26-10 chapter.]
26-11 [(h)] The fact that the child is unfit to proceed as a
26-12 result of mental illness or mental retardation does not preclude
26-13 any legal objection to the juvenile court proceedings which is
26-14 susceptible of fair determination prior to the adjudication hearing
26-15 and without the personal participation of the child.
26-16 Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
26-17 PROCEED. (a) If the juvenile court or jury determines under
26-18 Section 55.32 that a child is unfit to proceed with the juvenile
26-19 court proceedings for delinquent conduct, the court shall:
26-20 (1) if the unfitness to proceed is a result of mental
26-21 illness or mental retardation:
26-22 (A) order the child placed with the Texas
26-23 Department of Mental Health and Mental Retardation for a period of
26-24 not more than 90 days, which order may not specify a shorter
26-25 period, for placement in a facility designated by the department;
26-26 or
26-27 (B) on application by the child's parent,
27-1 guardian, or guardian ad litem, order the child placed in a private
27-2 psychiatric inpatient facility for a period of not more than 90
27-3 days, which order may not specify a shorter period, but only if the
27-4 placement is agreed to in writing by the administrator of the
27-5 facility; or
27-6 (2) if the unfitness to proceed is a result of mental
27-7 illness and the court determines that the child may be adequately
27-8 treated in an alternative setting, order the child to receive
27-9 treatment for mental illness on an outpatient basis for a period of
27-10 not more than 90 days, which order may not specify a shorter
27-11 period.
27-12 (b) If the court orders a child placed in a private
27-13 psychiatric inpatient facility under Subsection (a)(1)(B), the
27-14 state or a political subdivision of the state may be ordered to pay
27-15 any costs associated with the child's placement.
27-16 Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY. (a) If
27-17 the court issues a placement order under Section 55.33(a)(1), the
27-18 court shall order the probation department or sheriff's department
27-19 to transport the child to the designated facility.
27-20 (b) On receipt of a report from a facility to which a child
27-21 has been transported under Subsection (a), the court shall order
27-22 the probation department or sheriff's department to transport the
27-23 child from the facility to the court. If the child is not
27-24 transported to the court before the 11th day after the date of the
27-25 court's order, an authorized representative of the facility shall
27-26 transport the child from the facility to the court.
27-27 (c) The county in which the juvenile court is located shall
28-1 reimburse the facility for the costs incurred in transporting the
28-2 child to the juvenile court as required by Subsection (b).
28-3 Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY;
28-4 REPORT TO COURT. (a) If the juvenile court issues a placement
28-5 order under Section 55.33(a), the court shall order the probation
28-6 department to send copies of any information in the possession of
28-7 the department and relevant to the issue of the child's mental
28-8 illness or mental retardation to the public or private facility or
28-9 outpatient center, as appropriate.
28-10 (b) Not later than the 75th day after the date the court
28-11 issues a placement order under Section 55.33(a), the public or
28-12 private facility or outpatient center, as appropriate, shall submit
28-13 to the court a report that:
28-14 (1) describes the treatment of the child provided by
28-15 the facility or center; and
28-16 (2) states the opinion of the director of the facility
28-17 or center as to whether the child is fit or unfit to proceed.
28-18 (c) The court shall provide a copy of the report submitted
28-19 under Subsection (b) to the prosecuting attorney and the attorney
28-20 for the child.
28-21 Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
28-22 OBJECTION. (a) If a report submitted under Section 55.35(b)
28-23 states that a child is fit to proceed, the juvenile court shall
28-24 find that the child is fit to proceed unless the child's attorney
28-25 objects in writing or in open court not later than the second day
28-26 after the date the attorney receives a copy of the report under
28-27 Section 55.35(c).
29-1 (b) On objection by the child's attorney under Subsection
29-2 (a), the juvenile court shall promptly hold a hearing to determine
29-3 whether the child is fit to proceed, except that the hearing may be
29-4 held after the date that the placement order issued under Section
29-5 55.33(a) expires. At the hearing, the court shall determine the
29-6 issue of the fitness of the child to proceed unless the child or
29-7 the child's attorney demands in writing a jury before the 10th day
29-8 before the date of the hearing.
29-9 (c) If, after a hearing, the court or jury finds that the
29-10 child is fit to proceed, the court shall dissolve the stay and
29-11 continue the juvenile court proceedings as though a question of
29-12 fitness to proceed had not been raised.
29-13 (d) If, after a hearing, the court or jury finds that the
29-14 child is unfit to proceed, the court shall proceed under Section
29-15 55.37.
29-16 Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
29-17 RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS. If
29-18 a report submitted under Section 55.35(b) states that a child is
29-19 unfit to proceed as a result of mental illness and that the child
29-20 meets the commitment criteria for civil commitment under Subtitle
29-21 C, Title 7, Health and Safety Code, the director of the public or
29-22 private facility or outpatient center, as appropriate, shall submit
29-23 to the court two certificates of medical examination for mental
29-24 illness. On receipt of the certificates, the court shall:
29-25 (1) initiate proceedings as provided by Section 55.38
29-26 in the juvenile court for commitment of the child under Subtitle C,
29-27 Title 7, Health and Safety Code; or
30-1 (2) refer the child's case as provided by Section
30-2 55.39 to the appropriate court for the initiation of proceedings in
30-3 that court for commitment of the child under Subtitle C, Title 7,
30-4 Health and Safety Code.
30-5 Sec. 55.38. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
30-6 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
30-7 proceedings under Section 55.37(1), the prosecuting attorney may
30-8 file with the juvenile court an application for court-ordered
30-9 mental health services under Section 574.001, Health and Safety
30-10 Code. The juvenile court shall:
30-11 (1) set a date for a hearing and provide notice as
30-12 required by Sections 574.005 and 574.006, Health and Safety Code;
30-13 and
30-14 (2) conduct the hearing in accordance with Subchapter
30-15 C, Chapter 574, Health and Safety Code.
30-16 (b) After conducting a hearing under Subsection (a)(2), the
30-17 juvenile court shall:
30-18 (1) if the criteria under Section 574.034, Health and
30-19 Safety Code, are satisfied, order temporary mental health services;
30-20 or
30-21 (2) if the criteria under Section 574.035, Health and
30-22 Safety Code, are satisfied, order extended mental health services.
30-23 Sec. 55.39. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
30-24 ILLNESS. (a) If the juvenile court refers the child's case to an
30-25 appropriate court for the initiation of commitment proceedings
30-26 under Section 55.37(2), the juvenile court shall:
30-27 (1) send all papers relating to the child's unfitness
31-1 to proceed, including the verdict and judgment of the juvenile
31-2 court finding the child unfit to proceed, to the clerk of the court
31-3 to which the case is referred;
31-4 (2) send to the office of the appropriate county
31-5 attorney or, if a county attorney is not available, to the office
31-6 of the appropriate district attorney, copies of all papers sent to
31-7 the clerk of the court under Subdivision (1); and
31-8 (3) if the child is in detention:
31-9 (A) order the child released from detention to
31-10 the child's home or another appropriate place;
31-11 (B) order the child detained in an appropriate
31-12 place other than a juvenile detention facility; or
31-13 (C) if an appropriate place to release or detain
31-14 the child as described by Paragraph (A) or (B) is not available,
31-15 order the child to remain in the juvenile detention facility
31-16 subject to further detention orders of the court.
31-17 (b) The papers sent to a court under Subsection (a)(1)
31-18 constitute an application for mental health services under Section
31-19 574.001, Health and Safety Code.
31-20 Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
31-21 RESULT OF MENTAL RETARDATION. If a report submitted under Section
31-22 55.35(b) states that a child is unfit to proceed as a result of
31-23 mental retardation and that the child meets the commitment criteria
31-24 for civil commitment under Subtitle D, Title 7, Health and Safety
31-25 Code, the director of the residential care facility shall submit to
31-26 the court an affidavit stating the conclusions reached as a result
31-27 of the diagnosis. On receipt of the affidavit, the court shall:
32-1 (1) initiate proceedings as provided by Section 55.41
32-2 in the juvenile court for commitment of the child under Subtitle D,
32-3 Title 7, Health and Safety Code; or
32-4 (2) refer the child's case as provided by Section
32-5 55.42 to the appropriate court for the initiation of proceedings in
32-6 that court for commitment of the child under Subtitle D, Title 7,
32-7 Health and Safety Code.
32-8 Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
32-9 MENTAL RETARDATION. (a) If the juvenile court initiates
32-10 commitment proceedings under Section 55.40(1), the prosecuting
32-11 attorney may file with the juvenile court an application for
32-12 placement under Section 593.041, Health and Safety Code. The
32-13 juvenile court shall:
32-14 (1) set a date for a hearing and provide notice as
32-15 required by Sections 593.047 and 593.048, Health and Safety Code;
32-16 and
32-17 (2) conduct the hearing in accordance with Sections
32-18 593.049-593.056, Health and Safety Code.
32-19 (b) After conducting a hearing under Subsection (a)(2), the
32-20 juvenile court may order commitment of the child to a residential
32-21 care facility if the commitment criteria under Section 593.052,
32-22 Health and Safety Code, are satisfied.
32-23 Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
32-24 RETARDATION. (a) If the juvenile court refers the child's case to
32-25 an appropriate court for the initiation of commitment proceedings
32-26 under Section 55.40(2), the juvenile court shall:
32-27 (1) send all papers relating to the child's mental
33-1 retardation to the clerk of the court to which the case is
33-2 referred;
33-3 (2) send to the office of the appropriate county
33-4 attorney or, if a county attorney is not available, to the office
33-5 of the appropriate district attorney, copies of all papers sent to
33-6 the clerk of the court under Subdivision (1); and
33-7 (3) if the child is in detention:
33-8 (A) order the child released from detention to
33-9 the child's home or another appropriate place;
33-10 (B) order the child detained in an appropriate
33-11 place other than a juvenile detention facility; or
33-12 (C) if an appropriate place to release or detain
33-13 the child as described by Paragraph (A) or (B) is not available,
33-14 order the child to remain in the juvenile detention facility
33-15 subject to further detention orders of the court.
33-16 (b) The papers sent to a court under Subsection (a)(1)
33-17 constitute an application for placement under Section 593.041,
33-18 Health and Safety Code.
33-19 Sec. 55.43. RESTORATION HEARING. (a) The prosecuting
33-20 attorney may file with the juvenile court a motion for a
33-21 restoration hearing concerning a child if:
33-22 (1) the child is found unfit to proceed as a result of
33-23 mental illness or mental retardation; and
33-24 (2) the child:
33-25 (A) is not:
33-26 (i) ordered by a court to receive
33-27 inpatient mental health services;
34-1 (ii) committed by a court to a residential
34-2 care facility; or
34-3 (iii) ordered by a court to receive
34-4 treatment on an outpatient basis; or
34-5 (B) is discharged or furloughed from a mental
34-6 health facility or outpatient center before the child reaches 18
34-7 years of age.
34-8 (b) At the restoration hearing, the court shall determine
34-9 the issue of whether the child is fit to proceed.
34-10 (c) The restoration hearing shall be conducted without a
34-11 jury.
34-12 (d) The issue of fitness to proceed must be proved by a
34-13 preponderance of the evidence.
34-14 (e) If, after a hearing, the court finds that the child is
34-15 fit to proceed, the court shall continue the juvenile court
34-16 proceedings.
34-17 (f) If, after a hearing, the court finds that the child is
34-18 unfit to proceed, the court shall dismiss the motion for
34-19 restoration.
34-20 Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
34-21 CHILD. (a) The juvenile court shall transfer all pending
34-22 proceedings from the juvenile court to a criminal court on the 18th
34-23 birthday of a child for whom the juvenile court or a court to which
34-24 the child's case is referred has ordered inpatient mental health
34-25 services or residential care for persons with mental retardation
34-26 if:
34-27 (1) the child is not discharged or furloughed from the
35-1 facility before reaching 18 years of age; and
35-2 (2) the child is alleged to have engaged in delinquent
35-3 conduct that included a violation of a penal law listed in Section
35-4 53.045 and no adjudication concerning the alleged conduct has been
35-5 made.
35-6 (b) The juvenile court shall send notification of the
35-7 transfer of a child under Subsection (a) to the facility. The
35-8 criminal court shall, before the 91st day after the date of the
35-9 transfer, institute proceedings under Article 46.02, Code of
35-10 Criminal Procedure. If those or any subsequent proceedings result
35-11 in a determination that the defendant is competent to stand trial,
35-12 the defendant may not receive a punishment for the delinquent
35-13 conduct described by Subsection (a)(2) that results in confinement
35-14 for a period longer than the maximum period of confinement the
35-15 defendant could have received if the defendant had been adjudicated
35-16 for the delinquent conduct while still a child and within the
35-17 jurisdiction of the juvenile court.
35-18 (Sections 55.45-55.50 reserved for expansion
35-19 SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS
35-20 A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
35-21 Sec. 55.51 [55.05]. LACK OF RESPONSIBILITY FOR CONDUCT
35-22 DETERMINATION; EXAMINATION. (a) A child alleged by petition to
35-23 have engaged in delinquent conduct or conduct indicating a need for
35-24 supervision is not responsible for the conduct if at the time of
35-25 the conduct, as a result of mental illness or mental retardation,
35-26 the child [he] lacks substantial capacity either to appreciate the
35-27 wrongfulness of the child's [his] conduct or to conform the child's
36-1 [his] conduct to the requirements of law.
36-2 (b) On a [If on] motion by [of] a party in which [or the
36-3 court] it is alleged that a [the] child may not be responsible as a
36-4 result of mental illness or mental retardation for the child's
36-5 conduct, the court shall order the child to be examined under
36-6 [appropriate examinations as provided by] Section 51.20 [55.01 of
36-7 this chapter]. The information obtained from the examinations must
36-8 include expert opinion as to whether the child is not responsible
36-9 for the child's conduct as a result of mental illness or mental
36-10 retardation.
36-11 (c) The issue of whether the child is not responsible for
36-12 the child's [his] conduct as a result of mental illness or mental
36-13 retardation shall be tried to the court or jury in the adjudication
36-14 hearing.
36-15 (d) Lack of responsibility for conduct as a result of mental
36-16 illness or mental retardation must be proved by a preponderance of
36-17 the evidence.
36-18 (e) In its findings or verdict the court or jury must state
36-19 whether the child is not responsible for the child's [his] conduct
36-20 as a result of mental illness or mental retardation.
36-21 (f) If the court or jury finds the child is not responsible
36-22 for the child's [his] conduct as a result of mental illness or
36-23 mental retardation, the court shall proceed [initiate proceedings]
36-24 under Section 55.52 [55.02 or 55.03 of this chapter].
36-25 (g) A child found to be not responsible for the child's
36-26 [his] conduct as a result of mental illness or mental retardation
36-27 shall not be subject to proceedings under this title with respect
37-1 to such conduct, other than proceedings under Section 55.52 [55.02
37-2 or 55.03 of this chapter].
37-3 Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
37-4 RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
37-5 child is not responsible for the child's conduct under Section
37-6 55.51, the court shall:
37-7 (1) if the lack of responsibility is a result of
37-8 mental illness or mental retardation:
37-9 (A) order the child placed with the Texas
37-10 Department of Mental Health and Mental Retardation for a period of
37-11 not more than 90 days, which order may not specify a shorter
37-12 period, for placement in a facility designated by the department;
37-13 or
37-14 (B) on application by the child's parent,
37-15 guardian, or guardian ad litem, order the child placed in a private
37-16 psychiatric inpatient facility for a period of not more than 90
37-17 days, which order may not specify a shorter period, but only if the
37-18 placement is agreed to in writing by the administrator of the
37-19 facility; or
37-20 (2) if the child's lack of responsibility is a result
37-21 of mental illness and the court determines that the child may be
37-22 adequately treated in an alternative setting, order the child to
37-23 receive treatment on an outpatient basis for a period of not more
37-24 than 90 days, which order may not specify a shorter period.
37-25 (b) If the court orders a child placed in a private
37-26 psychiatric inpatient facility under Subsection (a)(1)(B), the
37-27 state or a political subdivision of the state may be ordered to pay
38-1 any costs associated with the child's placement.
38-2 Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. (a) If
38-3 the court issues a placement order under Section 55.52(a)(1), the
38-4 court shall order the probation department or sheriff's department
38-5 to transport the child to the designated facility.
38-6 (b) On receipt of a report from a facility to which a child
38-7 has been transported under Subsection (a), the court shall order
38-8 the probation department or sheriff's department to transport the
38-9 child from the facility to the court. If the child is not
38-10 transported to the court before the 11th day after the date of the
38-11 court's order, an authorized representative of the facility shall
38-12 transport the child from the facility to the court.
38-13 (c) The county in which the juvenile court is located shall
38-14 reimburse the facility for the costs incurred in transporting the
38-15 child to the juvenile court as required by Subsection (b).
38-16 Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY;
38-17 REPORT TO COURT. (a) If the juvenile court issues a placement
38-18 order under Section 55.52(a), the court shall order the probation
38-19 department to send copies of any information in the possession of
38-20 the department and relevant to the issue of the child's mental
38-21 illness or mental retardation to the public or private facility or
38-22 outpatient center, as appropriate.
38-23 (b) Not later than the 75th day after the date the court
38-24 issues a placement order under Section 55.52(a), the public or
38-25 private facility or outpatient center, as appropriate, shall submit
38-26 to the court a report that:
38-27 (1) describes the treatment of the child provided by
39-1 the facility or center; and
39-2 (2) states the opinion of the director of the facility
39-3 or center as to whether the child is mentally ill or mentally
39-4 retarded.
39-5 (c) The court shall send a copy of the report submitted
39-6 under Subsection (b) to the prosecuting attorney and the attorney
39-7 for the child.
39-8 Sec. 55.55. REPORT THAT CHILD IS NOT MENTALLY ILL OR
39-9 MENTALLY RETARDED; HEARING ON OBJECTION. (a) If a report
39-10 submitted under Section 55.54(b) states that a child does not have
39-11 a mental illness or mental retardation, the juvenile court shall
39-12 discharge the child unless:
39-13 (1) an adjudication hearing was conducted concerning
39-14 conduct that included a violation of a penal law listed in Section
39-15 53.045(a) and a petition was approved by a grand jury under Section
39-16 53.045; and
39-17 (2) the prosecuting attorney objects in writing not
39-18 later than the second day after the date the attorney receives a
39-19 copy of the report under Section 55.54(c).
39-20 (b) On objection by the prosecuting attorney under
39-21 Subsection (a), the juvenile court shall hold a hearing without a
39-22 jury to determine whether the child has a mental illness or mental
39-23 retardation and whether the child meets the commitment criteria for
39-24 civil commitment under Subtitle C or D, Title 7, Health and Safety
39-25 Code.
39-26 (c) At the hearing, the burden is on the state to prove by
39-27 clear and convincing evidence that the child has a mental illness
40-1 or mental retardation and that the child meets the commitment
40-2 criteria for civil commitment under Subtitle C or D, Title 7,
40-3 Health and Safety Code.
40-4 (d) If, after a hearing, the court finds that the child does
40-5 not have a mental illness or mental retardation and that the child
40-6 does not meet the commitment criteria under Subtitle C or D, Title
40-7 7, Health and Safety Code, the court shall discharge the child.
40-8 (e) If, after a hearing, the court finds that the child has
40-9 a mental illness or mental retardation and that the child meets the
40-10 commitment criteria under Subtitle C or D, Title 7, Health and
40-11 Safety Code, the court shall issue an appropriate commitment order.
40-12 Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
40-13 OF COMMITMENT PROCEEDINGS. If a report submitted under Section
40-14 55.54(b) states that a child has a mental illness and that the
40-15 child meets the commitment criteria for civil commitment under
40-16 Subtitle C, Title 7, Health and Safety Code, the director of the
40-17 public or private facility or outpatient center, as appropriate,
40-18 shall submit to the court two certificates of medical examination
40-19 for mental illness. On receipt of the certificates, the court
40-20 shall:
40-21 (1) initiate proceedings as provided by Section 55.57
40-22 in the juvenile court for commitment of the child under Subtitle C,
40-23 Title 7, Health and Safety Code; or
40-24 (2) refer the child's case as provided by Section
40-25 55.58 to the appropriate court for the initiation of proceedings in
40-26 that court for commitment of the child under Subtitle C, Title 7,
40-27 Health and Safety Code.
41-1 Sec. 55.57. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
41-2 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
41-3 proceedings under Section 55.56(1), the prosecuting attorney may
41-4 file with the juvenile court an application for court-ordered
41-5 mental health services under Section 574.001, Health and Safety
41-6 Code. The juvenile court shall:
41-7 (1) set a date for a hearing and provide notice as
41-8 required by Sections 574.005 and 574.006, Health and Safety Code;
41-9 and
41-10 (2) conduct the hearing in accordance with Subchapter
41-11 C, Chapter 574, Health and Safety Code.
41-12 (b) After conducting a hearing under Subsection (a)(2), the
41-13 juvenile court shall:
41-14 (1) if the criteria under Section 574.034, Health and
41-15 Safety Code, are satisfied, order temporary mental health services;
41-16 or
41-17 (2) if the criteria under Section 574.035, Health and
41-18 Safety Code, are satisfied, order extended mental health services.
41-19 Sec. 55.58. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
41-20 ILLNESS. (a) If the juvenile court refers the child's case to an
41-21 appropriate court for the initiation of commitment proceedings
41-22 under Section 55.56(2), the juvenile court shall:
41-23 (1) send all papers relating to the child's mental
41-24 illness, including the verdict and judgment of the juvenile court
41-25 finding that the child was not responsible for the child's conduct,
41-26 to the clerk of the court to which the case is referred;
41-27 (2) send to the office of the appropriate county
42-1 attorney or, if a county attorney is not available, to the office
42-2 of the district attorney, copies of all papers sent to the clerk of
42-3 the court under Subdivision (1); and
42-4 (3) if the child is in detention:
42-5 (A) order the child released from detention to
42-6 the child's home or another appropriate place;
42-7 (B) order the child detained in an appropriate
42-8 place other than a juvenile detention facility; or
42-9 (C) if an appropriate place to release or detain
42-10 the child as described by Paragraph (A) or (B) is not available,
42-11 order the child to remain in the juvenile detention facility
42-12 subject to further detention orders of the court.
42-13 (b) The papers sent to a court under Subsection (a)(1)
42-14 constitute an application for mental health services under Section
42-15 574.001, Health and Safety Code.
42-16 Sec. 55.59. REPORT THAT CHILD HAS MENTAL RETARDATION;
42-17 INITIATION OF COMMITMENT PROCEEDINGS. If a report submitted under
42-18 Section 55.54(b) states that a child has mental retardation and
42-19 that the child meets the commitment criteria for civil commitment
42-20 under Subtitle D, Title 7, Health and Safety Code, the director of
42-21 the residential care facility shall submit to the court an
42-22 affidavit stating the conclusions reached as a result of the
42-23 diagnosis. On receipt of an affidavit, the juvenile court shall:
42-24 (1) initiate proceedings in the juvenile court as
42-25 provided by Section 55.60 for commitment of the child under
42-26 Subtitle D, Title 7, Health and Safety Code; or
42-27 (2) refer the child's case to the appropriate court as
43-1 provided by Section 55.61 for the initiation of proceedings in that
43-2 court for commitment of the child under Subtitle D, Title 7, Health
43-3 and Safety Code.
43-4 Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
43-5 MENTAL RETARDATION. (a) If the juvenile court initiates
43-6 commitment proceedings under Section 55.59(1), the prosecuting
43-7 attorney may file with the juvenile court an application for
43-8 placement under Section 593.041, Health and Safety Code. The
43-9 juvenile court shall:
43-10 (1) set a date for a hearing and provide notice as
43-11 required by Sections 593.047 and 593.048, Health and Safety Code;
43-12 and
43-13 (2) conduct the hearing in accordance with Sections
43-14 593.049-593.056, Health and Safety Code.
43-15 (b) After conducting a hearing under Subsection (a)(2), the
43-16 juvenile court may order commitment of the child to a residential
43-17 care facility only if the commitment criteria under Section
43-18 593.052, Health and Safety Code, are satisfied.
43-19 Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
43-20 RETARDATION. (a) If the juvenile court refers the child's case to
43-21 an appropriate court for the initiation of commitment proceedings
43-22 under Section 55.59(2), the juvenile court shall:
43-23 (1) send all papers relating to the child's mental
43-24 retardation to the clerk of the court to which the case is
43-25 referred;
43-26 (2) send to the office of the appropriate county
43-27 attorney or, if a county attorney is not available, to the office
44-1 of the appropriate district attorney, copies of all papers sent to
44-2 the clerk of the court under Subdivision (1); and
44-3 (3) if the child is in detention:
44-4 (A) order the child released from detention to
44-5 the child's home or another appropriate place;
44-6 (B) order the child detained in an appropriate
44-7 place other than a juvenile detention facility; or
44-8 (C) if an appropriate place to release or detain
44-9 the child as described by Paragraph (A) or (B) is not available,
44-10 order the child to remain in the juvenile detention facility
44-11 subject to further detention orders of the court.
44-12 (b) The papers sent to a court under Subsection (a)(1)
44-13 constitute an application for placement under Section 593.041,
44-14 Health and Safety Code.
44-15 SECTION 15. Section 56.01(c), Family Code, is amended to
44-16 read as follows:
44-17 (c) An appeal may be taken:
44-18 (1) by or on behalf of a child from an order entered
44-19 under:
44-20 (A) Section 54.03 [of this code] with regard to
44-21 delinquent conduct or conduct indicating a need for supervision;
44-22 (B) Section 54.04 [of this code] disposing of
44-23 the case;
44-24 (C) Section 54.05 [of this code] respecting
44-25 modification of a previous juvenile court disposition; or
44-26 (D) Chapter 55 by a juvenile court [of this
44-27 code] committing a child to a facility for the mentally ill or
45-1 mentally retarded; or
45-2 (2) by a person from an order entered under Section
45-3 54.11(i)(2) [of this code] transferring the person to the custody
45-4 of the institutional division of the Texas Department of Criminal
45-5 Justice.
45-6 SECTION 16. Section 58.001(c), Family Code, is amended to
45-7 read as follows:
45-8 (c) A law enforcement agency shall [may] forward
45-9 information, including [photographs and] fingerprints, relating to
45-10 a child who has been [detained or] taken into custody under Section
45-11 52.01 by the agency to the Department of Public Safety for
45-12 inclusion in the juvenile justice information system created under
45-13 Subchapter B, but only if the child is referred to juvenile court
45-14 on or before the 10th day after the date the child is [detained or]
45-15 taken into custody under Section 52.01. If the child is not
45-16 referred to juvenile court within that time, the law enforcement
45-17 agency shall destroy all information, including photographs and
45-18 fingerprints, relating to the child unless the child is placed in a
45-19 first offender program under Section 52.031 or on informal
45-20 disposition under Section 52.03. The law enforcement agency may
45-21 not forward any information to the Department of Public Safety
45-22 relating to the child while the child is in a first offender
45-23 program under Section 52.031, or during the 90 days following
45-24 successful completion of the program or while the child is on
45-25 informal disposition under Section 52.03. Except as provided by
45-26 Subsection (f), after the date the child completes an informal
45-27 disposition under Section 52.03 or after the 90th day after the
46-1 date the child successfully completes a first offender program
46-2 under Section 52.031, the law enforcement agency shall destroy all
46-3 information, including photographs and fingerprints, relating to
46-4 the child.
46-5 SECTION 17. Section 58.002(a), Family Code, is amended to
46-6 read as follows:
46-7 (a) Except as provided by Chapter 79, Human Resources Code,
46-8 a child may not be photographed or fingerprinted without the
46-9 consent of the juvenile court unless the child is taken into
46-10 custody or referred to the juvenile court for conduct that
46-11 constitutes a felony or a misdemeanor punishable by confinement in
46-12 jail.
46-13 SECTION 18. Section 58.007, Family Code, is amended by
46-14 adding Subsection (h) to read as follows:
46-15 (h) The juvenile court may disseminate to the public the
46-16 following information relating to a child who is the subject of a
46-17 directive to apprehend or a warrant of arrest and who cannot be
46-18 located for the purpose of apprehension:
46-19 (1) the child's name, including other names by which
46-20 the child is known;
46-21 (2) the child's physical description, including sex,
46-22 weight, height, race, ethnicity, eye color, hair color, scars,
46-23 marks, and tattoos;
46-24 (3) a photograph of the child; and
46-25 (4) a description of the conduct the child is alleged
46-26 to have committed, including the level and degree of the alleged
46-27 offense.
47-1 SECTION 19. Section 58.106(c), Family Code, is amended to
47-2 read as follows:
47-3 (c) The department may, if necessary to protect the welfare
47-4 of the community, disseminate to the public the following
47-5 information relating to a juvenile [offender] who has escaped from
47-6 the custody of the Texas Youth Commission or from another secure
47-7 detention or correctional facility:
47-8 (1) the juvenile's [juvenile offender's] name,
47-9 including other names by which the juvenile [offender] is known;
47-10 (2) the juvenile's [juvenile offender's] physical
47-11 description, including sex, weight, height, race, ethnicity, eye
47-12 color, hair color, scars, marks, and tattoos;
47-13 (3) a photograph of the juvenile [offender]; and
47-14 (4) a description of the conduct for which the
47-15 juvenile [offender] was committed to the Texas Youth Commission or
47-16 detained in the secure detention or correctional facility,
47-17 including the level and degree of the alleged offense.
47-18 SECTION 20. Section 59.003(a), Family Code, is amended to
47-19 read as follows:
47-20 (a) Subject to Subsection (e), after a child's first
47-21 commission of delinquent conduct or conduct indicating a need for
47-22 supervision, the probation department or prosecuting attorney may,
47-23 or the juvenile court may, in a disposition hearing under Section
47-24 54.04 or a modification hearing under Section 54.05, assign a child
47-25 one of the following sanction levels according to the child's
47-26 conduct:
47-27 (1) for conduct indicating a need for supervision,
48-1 other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
48-2 or a Class A or B misdemeanor, the sanction level is one;
48-3 (2) for conduct indicating a need for supervision
48-4 under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
48-5 misdemeanor, other than a misdemeanor involving the use or
48-6 possession of a firearm, or for delinquent conduct under Section
48-7 51.03(a)(2) or (3), the sanction level is two;
48-8 (3) for a misdemeanor involving the use or possession
48-9 of a firearm or for a state jail felony or a felony of the third
48-10 degree, the sanction level is three;
48-11 (4) for a felony of the second degree, the sanction
48-12 level is four;
48-13 (5) for a felony of the first degree, other than a
48-14 felony involving the use of a deadly weapon or causing serious
48-15 bodily injury, the sanction level is five;
48-16 (6) for a felony of the first degree involving the use
48-17 of a deadly weapon or causing serious bodily injury, for an
48-18 aggravated controlled substance felony, or for a capital felony,
48-19 the sanction level is six; or
48-20 (7) for a felony of the first degree involving the use
48-21 of a deadly weapon or causing serious bodily injury, for an
48-22 aggravated controlled substance felony, or for a capital felony, if
48-23 the petition has been approved by a grand jury under Section
48-24 53.045, or if a petition to transfer the child to criminal court
48-25 has been filed under Section 54.02, the sanction level is seven.
48-26 SECTION 21. Section 59.005(a), Family Code, is amended
48-27 to read as follows:
49-1 (a) For a child at sanction level two, the juvenile court,
49-2 the prosecuting attorney, or the probation department may, as
49-3 provided by Section 53.03:
49-4 (1) place the child on deferred prosecution [or
49-5 court-ordered probation] for not less than three months or more
49-6 than six months;
49-7 (2) require the child to make restitution to the
49-8 victim of the child's conduct or perform community service
49-9 restitution appropriate to the nature and degree of harm caused and
49-10 according to the child's ability;
49-11 (3) require the child's parents or guardians to
49-12 identify restrictions the parents or guardians will impose on the
49-13 child's activities and requirements the parents or guardians will
49-14 set for the child's behavior;
49-15 (4) provide the information required under Sections
49-16 59.004(a)(2) and (4);
49-17 (5) require the child or the child's parents or
49-18 guardians to participate in a program for services under Section
49-19 264.302, if a program under Section 264.302 is available to the
49-20 child or the child's parents or guardians;
49-21 (6) refer the child to a community-based citizen
49-22 intervention program approved by the juvenile court; and
49-23 (7) if appropriate, impose additional conditions of
49-24 probation.
49-25 SECTION 22. Section 59.014, Family Code, is amended to read
49-26 as follows:
49-27 Sec. 59.014. APPEAL. A child may not bring an appeal or a
50-1 postconviction writ of habeas corpus based on the:
50-2 (1) [The] failure or inability of any person to
50-3 provide a service listed under Sections 59.004-59.010;
50-4 (2) [or the] failure of a court or of any person to
50-5 make a sanction level assignment as provided in Section 59.002 or
50-6 59.003; or
50-7 (3) failure of a juvenile court or probation
50-8 department to report a deviation from the guidelines as required by
50-9 Section 59.003(e) [may not be used by a child as a ground for
50-10 appeal or for a postconviction writ of habeas corpus].
50-11 SECTION 23. Section 232.002, Family Code, is amended to read
50-12 as follows:
50-13 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
50-14 following state agencies are licensing authorities subject to this
50-15 chapter:
50-16 (1) Department of Agriculture;
50-17 (2) Texas Commission on Alcohol and Drug Abuse;
50-18 (3) Texas Alcoholic Beverage Commission;
50-19 (4) Texas Appraiser Licensing and Certification Board;
50-20 (5) Texas Board of Architectural Examiners;
50-21 (6) State Board of Barber Examiners;
50-22 (7) Texas Board of Chiropractic Examiners;
50-23 (8) Comptroller of Public Accounts;
50-24 (9) Texas Cosmetology Commission;
50-25 (10) Court Reporters Certification Board;
50-26 (11) State Board of Dental Examiners;
50-27 (12) Texas State Board of Examiners of Dietitians;
51-1 (13) Texas Funeral Service Commission;
51-2 (14) Texas Department of Health;
51-3 (15) Texas Department of Human Services;
51-4 (16) Texas Board of Professional Land Surveying;
51-5 (17) Texas Department of Licensing and Regulation;
51-6 (18) Texas State Board of Examiners of Marriage and
51-7 Family Therapists;
51-8 (19) Texas State Board of Medical Examiners;
51-9 (20) Midwifery Board;
51-10 (21) Texas Natural Resource Conservation Commission;
51-11 (22) Board of Nurse Examiners;
51-12 (23) Texas Board of Occupational Therapy Examiners;
51-13 (24) Texas Optometry Board;
51-14 (25) Parks and Wildlife Department;
51-15 (26) Texas State Board of Examiners of Perfusionists;
51-16 (27) Texas State Board of Pharmacy;
51-17 (28) Texas Board of Physical Therapy Examiners;
51-18 (29) Texas State Board of Plumbing Examiners;
51-19 (30) Texas State Board of Podiatric Medical Examiners;
51-20 (31) Polygraph Examiners Board;
51-21 (32) Texas Board of Private Investigators and Private
51-22 Security Agencies;
51-23 (33) Texas State Board of Examiners of Professional
51-24 Counselors;
51-25 (34) State Board of Registration for Professional
51-26 Engineers;
51-27 (35) Department of Protective and Regulatory Services;
52-1 (36) Texas State Board of Examiners of Psychologists;
52-2 (37) Texas State Board of Public Accountancy;
52-3 (38) Department of Public Safety of the State of
52-4 Texas;
52-5 (39) Public Utility Commission of Texas;
52-6 (40) Railroad Commission of Texas;
52-7 (41) Texas Real Estate Commission;
52-8 (42) State Bar of Texas;
52-9 (43) Texas State Board of Social Worker Examiners;
52-10 (44) State Board of Examiners for Speech-Language
52-11 Pathology and Audiology;
52-12 (45) Texas Structural Pest Control Board;
52-13 (46) Board of Tax Professional Examiners;
52-14 (47) Secretary of State;
52-15 (48) Supreme Court of Texas;
52-16 (49) Texas Transportation Commission;
52-17 (50) State Board of Veterinary Medical Examiners;
52-18 (51) Board of Vocational Nurse Examiners;
52-19 (52) Texas Ethics Commission;
52-20 (53) Advisory Board of Athletic Trainers;
52-21 (54) State Committee of Examiners in the Fitting and
52-22 Dispensing of Hearing Instruments;
52-23 (55) Texas Board of Licensure for Professional Medical
52-24 Physicists; [and]
52-25 (56) Texas Department of Insurance;[.]
52-26 (57) Texas Board of Orthotics and Prosthetics; and
52-27 (58) Texas Juvenile Probation Commission.
53-1 SECTION 24. Section 261.103, Family Code, is amended to read
53-2 as follows:
53-3 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. (a)
53-4 Except as provided by Subsection (b), a [A] report shall be made
53-5 to:
53-6 (1) any local or state law enforcement agency;
53-7 (2) the department if the alleged or suspected abuse
53-8 involves a person responsible for the care, custody, or welfare of
53-9 the child;
53-10 (3) the state agency that operates, licenses,
53-11 certifies, or registers the facility in which the alleged abuse or
53-12 neglect occurred; or
53-13 (4) the agency designated by the court to be
53-14 responsible for the protection of children.
53-15 (b) A report may be made to the Texas Youth Commission
53-16 instead of the entities listed under Subsection (a) if the report
53-17 is based on information provided by a child while under the
53-18 supervision of the commission concerning the child's alleged abuse
53-19 of another child.
53-20 SECTION 25. Section 261.105, Family Code, is amended by
53-21 adding Subsection (e) to read as follows:
53-22 (e) In cooperation with the department, the Texas Youth
53-23 Commission by rule shall adopt guidelines for identifying a report
53-24 made to the commission under Section 261.103(b) that is appropriate
53-25 to refer to the department or a law enforcement agency for
53-26 investigation. Guidelines adopted under this subsection must
53-27 require the commission to consider the severity and immediacy of
54-1 the alleged abuse or neglect of the child victim.
54-2 SECTION 26. Section 261.405, Family Code, as amended by
54-3 Chapters 162 and 1374, Acts of the 75th Legislature, Regular
54-4 Session, 1997, is reenacted and amended to read as follows:
54-5 Sec. 261.405. INVESTIGATIONS IN [PRE-ADJUDICATION AND
54-6 POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
54-7 (a) A report of alleged abuse or neglect in a public or private
54-8 juvenile pre-adjudication secure detention facility, including
54-9 hold-over facilities, or public or private juvenile
54-10 post-adjudication secure correctional facility, except for a
54-11 facility operated solely for children committed to the Texas Youth
54-12 Commission, shall be made to a local law enforcement agency for
54-13 investigation. The local law enforcement agency shall immediately
54-14 notify the Texas Juvenile Probation Commission of any report the
54-15 agency receives.
54-16 (b) The Texas Juvenile Probation Commission shall conduct an
54-17 investigation as provided by this chapter if the commission
54-18 receives a report of alleged abuse or neglect in any program,
54-19 including a juvenile justice alternative education program,
54-20 operated wholly or partly by:
54-21 (1) a local juvenile probation department; or
54-22 (2) a private vendor operating under the authority of
54-23 a county juvenile board in accordance with the standards adopted by
54-24 the commission.
54-25 (c) In an investigation required under this section, the
54-26 investigating agency shall have access to medical and mental health
54-27 records as provided by Subchapter D.
55-1 SECTION 27. The heading to Article 4.18, Code of Criminal
55-2 Procedure, is amended to read as follows:
55-3 Art. 4.18. CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
55-4 JUVENILE COURT].
55-5 SECTION 28. Article 4.18, Code of Criminal Procedure, is
55-6 amended by adding Subsection (g) to read as follows:
55-7 (g) This article does not apply to a claim of a defect or
55-8 error in a discretionary transfer proceeding in juvenile court. A
55-9 defendant may appeal a defect or error only as provided by Article
55-10 44.47.
55-11 SECTION 29. Section 8(c), Article 42.09, Code of Criminal
55-12 Procedure, is amended to read as follows:
55-13 (c) A county that transfers a defendant to the Texas
55-14 Department of Criminal Justice under this article shall also
55-15 deliver to the designated officer any presentence or postsentence
55-16 investigation report, revocation report, psychological or
55-17 psychiatric evaluation of the defendant, including an evaluation
55-18 prepared for the juvenile court before transferring the defendant
55-19 to criminal court and contained in the criminal prosecutor's file,
55-20 and available social or psychological background information
55-21 relating to the defendant and may deliver to the designated officer
55-22 any additional information upon which the judge or jury bases the
55-23 punishment decision.
55-24 SECTION 30. Subchapter A, Chapter 25, Education Code, is
55-25 amended by adding Section 25.0011 to read as follows:
55-26 Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For
55-27 purposes of Section 25.001, a person is not considered to reside in
56-1 a school district if:
56-2 (1) the person is incarcerated in a private juvenile
56-3 detention facility in the district as a result of the order of a
56-4 court in another state; and
56-5 (2) the person resided in another state or country
56-6 immediately before incarceration in the facility.
56-7 (b) A school district may provide educational services to a
56-8 person described by Subsection (a) if the district is fully
56-9 compensated for the cost of the services through payment of tuition
56-10 for the person by the operator of the juvenile detention facility
56-11 or other person having lawful control of the person in an amount
56-12 equal to the actual cost of educating the person.
56-13 (c) For purposes of this section, "private juvenile
56-14 detention facility" means a juvenile detention facility that is not
56-15 operated by a governmental entity.
56-16 SECTION 31. Section 576.025(a), Health and Safety Code, is
56-17 amended to read as follows:
56-18 (a) A person may not administer a psychoactive medication to
56-19 a patient receiving voluntary or involuntary mental health services
56-20 who refuses the administration unless:
56-21 (1) the patient is having a medication-related
56-22 emergency;
56-23 (2) the patient is younger than 16 years of age and
56-24 the patient's parent, managing conservator, or guardian consents to
56-25 the administration on behalf of the patient;
56-26 (3) the refusing patient's representative authorized
56-27 by law to consent on behalf of the patient has consented to the
57-1 administration;
57-2 (4) the administration of the medication regardless of
57-3 the patient's refusal is authorized by an order issued under
57-4 Section 574.106; or
57-5 (5) the patient is receiving court-ordered mental
57-6 health services authorized by an order issued under:
57-7 (A) Article 46.02 or 46.03, Code of Criminal
57-8 Procedure; or
57-9 (B) Chapter 55, Family Code.
57-10 SECTION 32. Section 61.077, Human Resources Code, is amended
57-11 by adding Subsections (c)-(f) to read as follows:
57-12 (c) If a child who is discharged from the commission under
57-13 Subsection (b) as a result of mental illness is not receiving
57-14 court-ordered mental health services, the child's discharge is
57-15 effective on the earlier of:
57-16 (1) the date the court enters an order regarding an
57-17 application for mental health services filed under Section
57-18 61.0772(b); or
57-19 (2) the 30th day after the date the application is
57-20 filed.
57-21 (d) If a child who is discharged from the commission under
57-22 Subsection (b) as a result of mental illness is receiving
57-23 court-ordered mental health services, the child's discharge from
57-24 the commission is effective immediately. If the child is receiving
57-25 mental health services outside the child's home county, the
57-26 commission shall notify the mental health authority located in that
57-27 county of the discharge not later than the 30th day after the date
58-1 that the child's discharge is effective.
58-2 (e) If a child who is discharged from the commission under
58-3 Subsection (b) as a result of mental retardation is not receiving
58-4 mental retardation services, the child's discharge is effective on
58-5 the earlier of:
58-6 (1) the date the court enters an order regarding an
58-7 application for mental retardation services filed under Section
58-8 61.0772(c); or
58-9 (2) the 30th day after the date that the application
58-10 is filed.
58-11 (f) If a child who is discharged from the commission under
58-12 Subsection (b) as a result of mental retardation is receiving
58-13 mental retardation services, the child's discharge from the
58-14 commission is effective immediately.
58-15 SECTION 33. Sections 61.0772(b) and (c), Human Resources
58-16 Code, are amended to read as follows:
58-17 (b) Before [Not later than the 30th day before the date] a
58-18 child who is identified as mentally ill is discharged from the
58-19 commission's custody under Section 61.077(b), a commission
58-20 psychiatrist shall examine the child. The commission [psychiatrist]
58-21 shall file a sworn application for court-ordered mental health
58-22 services, as provided in Subchapter C, Chapter 574, Health and
58-23 Safety Code, if:
58-24 (1) the child is not receiving court-ordered mental
58-25 health services; and
58-26 (2) the psychiatrist who examined the child determines
58-27 that the child is mentally ill and the child meets at least one of
59-1 the criteria listed in Section 574.034, Health and Safety Code.
59-2 (c) Before [Not later than the 30th day before the date] a
59-3 child who is identified as mentally retarded under Chapter 593,
59-4 Health and Safety Code, is discharged from the commission's custody
59-5 under Section 61.077(b), the commission shall refer the child for
59-6 [a determination of] mental retardation services if the child is
59-7 not receiving mental retardation services [and an interdisciplinary
59-8 team recommendation of the child, as provided by Chapter 593,
59-9 Health and Safety Code, to be performed at a facility approved or
59-10 operated by the Texas Department of Mental Health and Mental
59-11 Retardation or at a community center established in accordance with
59-12 Chapter 534, Health and Safety Code].
59-13 SECTION 34. Section 61.093(b), Human Resources Code, is
59-14 amended to read as follows:
59-15 (b) A child who is arrested or taken into custody under
59-16 Subsection (a) [of this section] may be detained in any suitable
59-17 place, including an adult jail facility if the person is 17 years
59-18 of age or older, until the child is returned to the custody of the
59-19 commission or transported to a commission facility.
59-20 SECTION 35. Section 729.001(c), Transportation Code, is
59-21 amended to read as follows:
59-22 (c) An offense under this section is punishable by the fine
59-23 or other sanction, other than confinement or imprisonment,
59-24 authorized by statute for violation of the traffic law listed under
59-25 Subsection (a) that is the basis of the prosecution under this
59-26 section [a Class C misdemeanor].
59-27 SECTION 36. Section 729.002(b), Transportation Code, is
60-1 amended to read as follows:
60-2 (b) An offense under this section is punishable in the same
60-3 manner as if the person was 17 years of age or older and operated a
60-4 motor vehicle without a license as described by Subsection (a),
60-5 except that an offense under this section is not punishable by
60-6 confinement or imprisonment [a Class C misdemeanor].
60-7 SECTION 37. Sections 141.0475 and 141.0476, Human Resources
60-8 Code, are repealed.
60-9 SECTION 38. (a) Except as provided otherwise by this
60-10 section, the change in law made by this Act applies only to conduct
60-11 that occurs on or after the effective date of this Act. Conduct
60-12 violating a penal law of the state occurs on or after the effective
60-13 date of this Act if every element of the violation occurs on or
60-14 after that date. Conduct that occurs before the effective date of
60-15 this Act is covered by the law in effect at the time the conduct
60-16 occurred, and the former law is continued in effect for that
60-17 purpose.
60-18 (b) The change in law made by Sections 16, 18, and 19 of
60-19 this Act applies to the dissemination or inspection of information
60-20 on or after the effective date of this Act without regard to
60-21 whether the information was compiled before, on, or after that
60-22 date.
60-23 (c) The change in law made by Section 26 of this Act applies
60-24 only to a report received by a local law enforcement agency or the
60-25 Texas Juvenile Probation Commission on or after the effective date
60-26 of this Act.
60-27 (d) The change in law made by Section 8 of this Act applies
61-1 to discretionary transfer proceedings in which the discretionary
61-2 transfer petition or motion was filed on after the effective date
61-3 of this Act.
61-4 SECTION 39. The change in law made by Section 25.0011,
61-5 Education Code, as added by this Act, applies beginning with the
61-6 1999-2000 school year.
61-7 SECTION 40. This Act takes effect September 1, 1999.
61-8 SECTION 41. The importance of this legislation and the
61-9 crowded condition of the calendars in both houses create an
61-10 emergency and an imperative public necessity that the
61-11 constitutional rule requiring bills to be read on three several
61-12 days in each house be suspended, and this rule is hereby suspended.