1-1 AN ACT
1-2 relating to the detention, adjudication, and disposition of certain
1-3 persons within the juvenile justice system and the funding of
1-4 certain facilities of the system.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.095, Family Code, is amended by adding
1-7 Subsection (d) to read as follows:
1-8 (d) A juvenile law referee or master may perform the duties
1-9 imposed on a magistrate under this section without the approval of
1-10 the juvenile court if the juvenile board of the county in which the
1-11 statement of the child is made has authorized a referee or master
1-12 to perform the duties of a magistrate under this section.
1-13 SECTION 2. Section 51.12(h), Family Code, is amended to read
1-14 as follows:
1-15 (h) This section does not apply to a person:
1-16 (1) after transfer to criminal court for prosecution
1-17 under Section 54.02; or
1-18 (2) who is at least 17 [18] years of age and who has
1-19 been taken into custody after having:
1-20 (A) escaped from a juvenile facility operated by
1-21 or under contract with the Texas Youth Commission; or
1-22 (B) violated a condition [of probation or] of
1-23 release under supervision of the Texas Youth Commission.
1-24 SECTION 3. Section 51.17(c), Family Code, is amended to read
2-1 as follows:
2-2 (c) Except as otherwise provided by this title, the Texas
2-3 Rules of [Criminal] Evidence applicable to criminal cases and
2-4 Chapter 38, Code of Criminal Procedure, apply in a judicial
2-5 proceeding under this title.
2-6 SECTION 4. Chapter 51, Family Code, is amended by adding
2-7 Section 51.20 to read as follows:
2-8 Sec. 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any
2-9 stage of the proceedings under this title, the juvenile court may
2-10 order a child who is referred to the juvenile court or who is
2-11 alleged by a petition or found to have engaged in delinquent
2-12 conduct or conduct indicating a need for supervision to be examined
2-13 by an appropriate expert, including a physician, psychiatrist, or
2-14 psychologist.
2-15 (b) If, after conducting an examination of a child ordered
2-16 under Subsection (a) and reviewing any other relevant information,
2-17 there is reason to believe that the child has a mental illness or
2-18 mental retardation, the probation department shall refer the child
2-19 to the local mental health or mental retardation authority for
2-20 evaluation and services, unless the prosecuting attorney has filed
2-21 a petition under Section 53.04.
2-22 SECTION 5. Section 52.02(c), Family Code, is amended to read
2-23 as follows:
2-24 (c) A person who takes a child into custody and who has
2-25 reasonable grounds to believe that the child has been operating a
2-26 motor vehicle in a public place while having any detectable amount
2-27 of alcohol in the child's system may, before complying with
3-1 Subsection (a):
3-2 (1) take the child to a place to obtain a specimen of
3-3 the child's breath or blood as provided by Chapter 724,
3-4 Transportation Code; and
3-5 (2) perform intoxilyzer processing and videotaping of
3-6 the child in an adult processing office of a law enforcement agency
3-7 [police department].
3-8 SECTION 6. Chapter 53, Family Code, is amended by adding
3-9 Section 53.035 to read as follows:
3-10 Sec. 53.035. GRAND JURY REFERRAL. (a) The prosecuting
3-11 attorney may, before filing a petition under Section 53.04, refer
3-12 an offense to a grand jury in the county in which the offense is
3-13 alleged to have been committed.
3-14 (b) The grand jury has the same jurisdiction and powers to
3-15 investigate the facts and circumstances concerning an offense
3-16 referred to the grand jury under this section as it has to
3-17 investigate other criminal activity.
3-18 (c) If the grand jury votes to take no action on an offense
3-19 referred to the grand jury under this section, the prosecuting
3-20 attorney may not file a petition under Section 53.04 concerning the
3-21 offense unless the same or a successor grand jury approves the
3-22 filing of the petition.
3-23 (d) If the grand jury votes for approval of the prosecution
3-24 of an offense referred to the grand jury under this section, the
3-25 prosecuting attorney may file a petition under Section 53.04.
3-26 (e) The approval of the prosecution of an offense by a grand
3-27 jury under this section does not constitute approval of a petition
4-1 by a grand jury for purposes of Section 53.045.
4-2 SECTION 7. Section 54.01, Family Code, is amended by adding
4-3 Subsection (p) to read as follows:
4-4 (p) If a child has not been released under Section 53.02 or
4-5 this section and a petition has not been filed under Section 53.04
4-6 concerning the child, the court shall order the child released from
4-7 detention not later than:
4-8 (1) the 30th working day after the date the initial
4-9 detention hearing is held, if the child is alleged to have engaged
4-10 in conduct constituting a capital felony, an aggravated controlled
4-11 substance felony, or a felony of the first degree; or
4-12 (2) the 15th working day after the date the initial
4-13 detention hearing is held, if the child is alleged to have engaged
4-14 in conduct constituting an offense other than an offense listed in
4-15 Subdivision (1).
4-16 SECTION 8. Section 54.02, Family Code, is amended by
4-17 amending Subsections (h) and (j) and adding Subsections (o)-(r) to
4-18 read as follows:
4-19 (h) If the juvenile court waives jurisdiction, it shall
4-20 state specifically in the order its reasons for waiver and certify
4-21 its action, including the written order and findings of the court,
4-22 and shall transfer the person to the appropriate court for criminal
4-23 proceedings and cause the results of the diagnostic study of the
4-24 person ordered under Subsection (d), including psychological
4-25 information, to be transferred to the appropriate criminal
4-26 prosecutor. On transfer of the person for criminal proceedings,
4-27 the person shall be dealt with as an adult and in accordance with
5-1 the Code of Criminal Procedure. The transfer of custody is an
5-2 arrest.
5-3 (j) The juvenile court may waive its exclusive original
5-4 jurisdiction and transfer a person to the appropriate district
5-5 court or criminal district court for criminal proceedings if:
5-6 (1) the person is 18 years of age or older;
5-7 (2) the person was:
5-8 (A) 10 years of age or older and under 17 years
5-9 of age at the time the person is alleged to have committed a
5-10 capital felony or an offense under Section 19.02, Penal Code;
5-11 (B) 14 years of age or older and under 17 years
5-12 of age at the time the person [he] is alleged to have committed [a
5-13 capital felony,] an aggravated controlled substance felony[,] or a
5-14 felony of the first degree other than an offense under Section
5-15 19.02, Penal Code; or
5-16 (C) [(B)] 15 years of age or older and under 17
5-17 years of age at the time the person is alleged to have committed a
5-18 felony of the second or third degree or a state jail felony;
5-19 (3) no adjudication concerning the alleged offense has
5-20 been made or no adjudication hearing concerning the offense has
5-21 been conducted;
5-22 (4) the juvenile court finds from a preponderance of
5-23 the evidence that:
5-24 (A) for a reason beyond the control of the state
5-25 it was not practicable to proceed in juvenile court before the 18th
5-26 birthday of the person; or
5-27 (B) after due diligence of the state it was not
6-1 practicable to proceed in juvenile court before the 18th birthday
6-2 of the person because:
6-3 (i) the state did not have probable cause
6-4 to proceed in juvenile court and new evidence has been found since
6-5 the 18th birthday of the person;
6-6 (ii) the person could not be found; or
6-7 (iii) a previous transfer order was
6-8 reversed by an appellate court or set aside by a district court;
6-9 and
6-10 (5) the juvenile court determines that there is
6-11 probable cause to believe that the child before the court committed
6-12 the offense alleged.
6-13 (o) If a respondent is taken into custody for possible
6-14 discretionary transfer proceedings under Subsection (j), the
6-15 juvenile court shall hold a detention hearing in the same manner as
6-16 provided by Section 54.01, except that the court shall order the
6-17 respondent released unless it finds that the respondent:
6-18 (1) is likely to abscond or be removed from the
6-19 jurisdiction of the court;
6-20 (2) may be dangerous to himself or herself or may
6-21 threaten the safety of the public if released; or
6-22 (3) has previously been found to be a delinquent child
6-23 or has previously been convicted of a penal offense punishable by a
6-24 term of jail or prison and is likely to commit an offense if
6-25 released.
6-26 (p) If the juvenile court does not order a respondent
6-27 released under Subsection (o), the court shall, pending the
7-1 conclusion of the discretionary transfer hearing, order that the
7-2 respondent be detained in:
7-3 (1) a certified juvenile detention facility as
7-4 provided by Subsection (q); or
7-5 (2) an appropriate county facility for the detention
7-6 of adults accused of criminal offenses.
7-7 (q) The detention of a respondent in a certified juvenile
7-8 detention facility must comply with the detention requirements
7-9 under this title, except that, to the extent practicable, the
7-10 person shall be kept separate from children detained in the same
7-11 facility.
7-12 (r) If the juvenile court orders a respondent detained in a
7-13 county facility under Subsection (p), the county sheriff shall take
7-14 custody of the respondent under the juvenile court's order. The
7-15 juvenile court shall set or deny bond for the respondent as
7-16 required by the Code of Criminal Procedure and other law applicable
7-17 to the pretrial detention of adults accused of criminal offenses.
7-18 SECTION 9. Sections 54.03(d) and (f), Family Code, are
7-19 amended to read as follows:
7-20 (d) Except as provided by Section 54.031 [of this chapter],
7-21 only material, relevant, and competent evidence in accordance with
7-22 the Texas Rules of [Criminal] Evidence applicable to criminal cases
7-23 and Chapter 38, Code of Criminal Procedure, may be considered in
7-24 the adjudication hearing. Except in a detention or discretionary
7-25 transfer hearing, a social history report or social service file
7-26 shall not be viewed by the court before the adjudication decision
7-27 and shall not be viewed by the jury at any time.
8-1 (f) At the conclusion of the adjudication hearing, the court
8-2 or jury shall find whether or not the child has engaged in
8-3 delinquent conduct or conduct indicating a need for supervision.
8-4 The finding must be based on competent evidence admitted at the
8-5 hearing. The child shall be presumed to be innocent of the charges
8-6 against the child [him] and no finding that a child has engaged in
8-7 delinquent conduct or conduct indicating a need for supervision may
8-8 be returned unless the state has proved such beyond a reasonable
8-9 doubt. In all jury cases the jury will be instructed that the
8-10 burden is on the state to prove that a child has engaged in
8-11 delinquent conduct or is in need of supervision beyond a reasonable
8-12 doubt. A child may be adjudicated as having engaged in conduct
8-13 constituting a lesser included offense as provided by Articles
8-14 37.08 and 37.09, Code of Criminal Procedure.
8-15 SECTION 10. Section 54.04, Family Code, is amended by
8-16 amending Subsection (l) and adding Subsection (q) to read as
8-17 follows:
8-18 (l) Except as provided by Subsection (q), a [A] court or
8-19 jury may place a child on probation under Subsection (d)(1) [of
8-20 this section] for any period, except that probation may not
8-21 continue on or after the child's 18th birthday. Except as provided
8-22 by Subsection (q), the [The] court may, before the period of
8-23 probation ends, extend the probation for any period, except that
8-24 the probation may not extend to or after the child's 18th birthday.
8-25 (q) If a court or jury sentences a child to commitment in
8-26 the Texas Youth Commission under Subsection (d)(3) for a term of
8-27 not more than 10 years, the court or jury may place the child on
9-1 probation under Subsection (d)(1) as an alternative to making the
9-2 disposition under Subsection (d)(3). The court shall prescribe the
9-3 period of probation ordered under this subsection for a term of not
9-4 more than 10 years. The court may, before the sentence of
9-5 probation expires, extend the probationary period under Section
9-6 54.05, except that the sentence of probation and any extension may
9-7 not exceed 10 years. The court may, before the child's 18th
9-8 birthday, discharge the child from the sentence of probation. If a
9-9 sentence of probation ordered under this subsection and any
9-10 extension of probation ordered under Section 54.05 will continue
9-11 after the child's 18th birthday, the court shall discharge the
9-12 child from the sentence of probation on the child's 18th birthday
9-13 unless the court transfers the child to an appropriate district
9-14 court under Section 54.051.
9-15 SECTION 11. Section 54.05, Family Code, is amended by
9-16 amending Subsections (f)-(h) and adding Subsection (j) to read as
9-17 follows:
9-18 (f) Except as provided by Subsection (j), a [A] disposition
9-19 based on a finding that the child engaged in delinquent conduct may
9-20 be modified so as to commit the child to the Texas Youth Commission
9-21 if the court after a hearing to modify disposition finds by a
9-22 preponderance of the evidence that the child violated a reasonable
9-23 and lawful order of the court. A disposition based on a finding
9-24 that the child engaged in habitual felony conduct as described by
9-25 Section 51.031 [of this code] or in delinquent conduct that
9-26 included a violation of a penal law listed in Section 53.045(a) [of
9-27 this code] may be modified to commit the child to the Texas Youth
10-1 Commission with a possible transfer to the institutional division
10-2 or the pardons and paroles division of the Texas Department of
10-3 Criminal Justice for a definite term prescribed by Section
10-4 54.04(d)(3) [of this code] if the original petition was approved by
10-5 the grand jury under Section 53.045 [of this code] and if after a
10-6 hearing to modify the disposition the court [or jury] finds that
10-7 the child violated a reasonable and lawful order of the court.
10-8 (g) Except as provided by Subsection (j), a [A] disposition
10-9 based solely on a finding that the child engaged in conduct
10-10 indicating a need for supervision may not be modified to commit the
10-11 child to the Texas Youth Commission. A new finding in compliance
10-12 with Section 54.03 [of this code] must be made that the child
10-13 engaged in delinquent conduct as defined in Section 51.03(a) [of
10-14 this code].
10-15 (h) A hearing shall be held prior to commitment to the Texas
10-16 Youth Commission as a modified disposition. In other disposition
10-17 modifications, the child and the child's [his] parent, guardian,
10-18 guardian ad litem, or attorney may waive hearing in accordance with
10-19 Section 51.09 [of this code. A child in jeopardy of a sentence for
10-20 a determinate term is entitled to a jury of 12 persons on the
10-21 issues of the violation of the court's orders and the sentence].
10-22 (j) If, after conducting a hearing to modify disposition
10-23 without a jury, the court finds by a preponderance of the evidence
10-24 that a child violated a reasonable and lawful condition of
10-25 probation ordered under Section 54.04(q), the court may modify the
10-26 disposition to commit the child to the Texas Youth Commission under
10-27 Section 54.04(d)(3) for a term that does not exceed the original
11-1 sentence assessed by the court or jury.
11-2 SECTION 12. Chapter 54, Family Code, is amended by adding
11-3 Section 54.051 to read as follows:
11-4 Sec. 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO
11-5 APPROPRIATE DISTRICT COURT. (a) On motion of the state concerning
11-6 a child who is placed on probation under Section 54.04(q) for a
11-7 period, including any extension ordered under Section 54.05, that
11-8 will continue after the child's 18th birthday, the juvenile court
11-9 shall hold a hearing to determine whether to transfer the child to
11-10 an appropriate district court or discharge the child from the
11-11 sentence of probation.
11-12 (b) The hearing must be conducted before the child's 18th
11-13 birthday and in the same manner as a hearing to modify disposition
11-14 under Section 54.05.
11-15 (c) If, after a hearing, the court determines to discharge
11-16 the child, the court shall specify a date on or before the child's
11-17 18th birthday to discharge the child from the sentence of
11-18 probation.
11-19 (d) If, after a hearing, the court determines to transfer
11-20 the child, the court shall transfer the child to an appropriate
11-21 district court on the child's 18th birthday.
11-22 (e) A district court that exercises jurisdiction over a
11-23 child transferred under Subsection (d) shall place the child on
11-24 community supervision under Article 42.12, Code of Criminal
11-25 Procedure, for the remainder of the child's probationary period and
11-26 under conditions consistent with those ordered by the juvenile
11-27 court. If a child who is placed on community supervision under
12-1 this subsection violates a condition of that supervision or if the
12-2 child violated a condition of probation ordered under Section
12-3 54.04(q) and that probation violation was not discovered by the
12-4 state before the child's 18th birthday, the district court shall
12-5 dispose of the violation of community supervision or probation, as
12-6 appropriate, in the same manner as if the court had originally
12-7 exercised jurisdiction over the case. The time that a child serves
12-8 on probation ordered under Section 54.04(q) is the same as time
12-9 served on community supervision ordered under this subsection for
12-10 purposes of determining the child's eligibility for early discharge
12-11 from community supervision under Section 20, Article 42.12, Code of
12-12 Criminal Procedure.
12-13 (f) The juvenile court may transfer a child to an
12-14 appropriate district court as provided by this section without a
12-15 showing that the child violated a condition of probation ordered
12-16 under Section 54.04(q).
12-17 SECTION 13. Section 54.10(a), Family Code, is amended to
12-18 read as follows:
12-19 (a) Except as provided by Subsection (c) [of this section],
12-20 a [the] hearing under Section [provided in Sections 54.01,] 54.03,
12-21 54.04, or [and] 54.05, including a jury trial, a hearing under
12-22 Chapter 55, including a jury trial, or a [of this code and the]
12-23 hearing under [provided in] Article IV, Article V, and Article VI
12-24 of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
12-25 this code]) may be held by a referee appointed in accordance with
12-26 Section 51.04(g) or a master appointed under Chapter 54, Government
12-27 Code, [of this code] provided:
13-1 (1) the parties have been informed by the referee or
13-2 master that they are entitled to have the hearing before the
13-3 juvenile court judge [or in the case of a detention hearing
13-4 provided for in Section 54.01 of this code, a substitute judge as
13-5 authorized by Section 51.04(f) of this code]; and [or]
13-6 (2) after each party is given an opportunity to
13-7 object, no party objects to holding the hearing before the referee
13-8 or master [the child and the attorney for the child have in
13-9 accordance with the requirements of Section 51.09 of this code
13-10 waived the right to have the hearing before the juvenile court
13-11 judge or substitute judge].
13-12 SECTION 14. Chapter 55, Family Code, is amended to read as
13-13 follows:
13-14 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
13-15 WITH MENTAL ILLNESS OR MENTAL RETARDATION
13-16 SUBCHAPTER A. GENERAL PROVISIONS
13-17 Sec. 55.01. MEANING OF "HAVING A MENTAL ILLNESS." For
13-18 purposes of this chapter, a child who is described as having a
13-19 mental illness means a child who suffers from mental illness as
13-20 defined by Section 571.003, Health and Safety Code [PHYSICAL OR
13-21 MENTAL EXAMINATION. (a) At any stage of the proceedings under
13-22 this title, the juvenile court may order a child alleged by
13-23 petition or found to have engaged in delinquent conduct or conduct
13-24 indicating a need for supervision to be examined by appropriate
13-25 experts, including a physician, psychiatrist, or psychologist.]
13-26 [(b) If an examination ordered under Subsection (a) of this
13-27 section is to determine whether the child is mentally retarded, the
14-1 examination must consist of a determination of mental retardation
14-2 and an interdisciplinary team recommendation, as provided by
14-3 Chapter 593, Health and Safety Code, and shall be conducted at a
14-4 facility approved or operated by the Texas Department of Mental
14-5 Health and Mental Retardation or at a community center established
14-6 in accordance with Chapter 534, Health and Safety Code].
14-7 Sec. 55.02. MENTAL HEALTH AND MENTAL RETARDATION
14-8 JURISDICTION. For the purpose of initiating proceedings to order
14-9 mental health or mental retardation services for a child or for
14-10 commitment of a child as provided by this chapter, the juvenile
14-11 court has jurisdiction of proceedings under Subtitle C or D, Title
14-12 7, Health and Safety Code.
14-13 Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by
14-14 this chapter, a child for whom inpatient mental health services is
14-15 ordered by a court under this chapter shall be cared for as
14-16 provided by Subtitle C, Title 7, Health and Safety Code.
14-17 (b) Except as provided by this chapter, a child who is
14-18 committed by a court to a residential care facility for mental
14-19 retardation shall be cared for as provided by Subtitle D, Title 7,
14-20 Health and Safety Code.
14-21 (Sections 55.04-55.10 reserved for expansion)
14-22 SUBCHAPTER B. CHILD WITH MENTAL ILLNESS
14-23 Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION. (a)
14-24 On a motion by a party, the juvenile court shall determine whether
14-25 probable cause exists to believe that a child who is alleged by
14-26 petition or found to have engaged in delinquent conduct or conduct
14-27 indicating a need for supervision has a mental illness. In making
15-1 its determination, the court may:
15-2 (1) consider the motion, supporting documents,
15-3 professional statements of counsel, and witness testimony; and
15-4 (2) make its own observation of the child.
15-5 (b) If the court determines that probable cause exists to
15-6 believe that the child has a mental illness, the court shall
15-7 temporarily stay the juvenile court proceedings and immediately
15-8 order the child to be examined under Section 51.20. The
15-9 information obtained from the examination must include expert
15-10 opinion as to whether the child has a mental illness and whether
15-11 the child meets the commitment criteria under Subtitle C, Title 7,
15-12 Health and Safety Code. If ordered by the court, the information
15-13 must also include expert opinion as to whether the child is unfit
15-14 to proceed with the juvenile court proceedings.
15-15 (c) After considering all relevant information, including
15-16 information obtained from an examination under Section 51.20, the
15-17 court shall:
15-18 (1) if the court determines that evidence exists to
15-19 support a finding that the child has a mental illness and that the
15-20 child meets the commitment criteria under Subtitle C, Title 7,
15-21 Health and Safety Code, proceed under Section 55.12; or
15-22 (2) if the court determines that evidence does not
15-23 exist to support a finding that the child has a mental illness or
15-24 that the child meets the commitment criteria under Subtitle C,
15-25 Title 7, Health and Safety Code, dissolve the stay and continue the
15-26 juvenile court proceedings.
15-27 Sec. 55.12 [55.02]. INITIATION OF COMMITMENT PROCEEDINGS
16-1 [CHILD WITH MENTAL ILLNESS]. If, after considering all relevant
16-2 information, the juvenile court determines that evidence exists to
16-3 support a finding that a child has a mental illness and that the
16-4 child meets the commitment criteria under Subtitle C, Title 7,
16-5 Health and Safety Code, the [(a) The] court shall:
16-6 (1) initiate proceedings as provided by Section 55.13
16-7 to order temporary or extended mental health services, as provided
16-8 in Subchapter C, Chapter 574, Health and Safety Code[, for a child
16-9 alleged or found to have engaged in delinquent conduct or conduct
16-10 indicating a need for supervision, if:]
16-11 [(1) on motion by a party or the court it is alleged
16-12 that the child is mentally ill]; or
16-13 (2) refer the child's case as provided by Section
16-14 55.14 to the appropriate court for the initiation of proceedings in
16-15 that court for commitment of the child under Subchapter C, Chapter
16-16 574, Health and Safety Code.
16-17 Sec. 55.13. COMMITMENT PROCEEDINGS IN JUVENILE COURT. (a)
16-18 If the juvenile court initiates proceedings for temporary or
16-19 extended mental health services under Section 55.12(1), the
16-20 prosecuting attorney or the attorney for the child may file with
16-21 the juvenile court an application for court-ordered mental health
16-22 services under Section 574.001, Health and Safety Code. The
16-23 juvenile court shall:
16-24 (1) set a date for a hearing and provide notice as
16-25 required by Sections 574.005 and 574.006, Health and Safety Code;
16-26 and
16-27 (2) conduct the hearing in accordance with Subchapter
17-1 C, Chapter 574, Health and Safety Code.
17-2 (b) The burden of proof at the hearing is on the party who
17-3 filed the application.
17-4 (c) The juvenile court shall appoint the number of
17-5 physicians necessary to examine the child and to complete the
17-6 certificates of medical examination for mental illness required
17-7 under Section 574.009, Health and Safety Code.
17-8 (d) After conducting a hearing on an application under this
17-9 section, the juvenile court shall:
17-10 (1) if the criteria under Section 574.034, Health and
17-11 Safety Code, are satisfied, order temporary mental health services
17-12 for the child; or
17-13 (2) if the criteria under Section 574.035, Health and
17-14 Safety Code, are satisfied, order extended mental health services
17-15 for the child.
17-16 Sec. 55.14. REFERRAL FOR COMMITMENT PROCEEDINGS. (a) If
17-17 the juvenile court refers the child's case to the appropriate court
17-18 for the initiation of commitment proceedings under Section
17-19 55.12(2), the juvenile court shall:
17-20 (1) send all papers relating to the child's mental
17-21 illness to the clerk of the court to which the case is referred;
17-22 (2) send to the office of the appropriate county
17-23 attorney or, if a county attorney is not available, to the office
17-24 of the appropriate district attorney, copies of all papers sent to
17-25 the clerk of the court under Subdivision (1); and
17-26 (3) if the child is in detention:
17-27 (A) order the child released from detention to
18-1 the child's home or another appropriate place;
18-2 (B) order the child detained in an appropriate
18-3 place other than a juvenile detention facility; or
18-4 (C) if an appropriate place to release or detain
18-5 the child as described by Paragraph (A) or (B) is not available,
18-6 order the child to remain in the juvenile detention facility
18-7 subject to further detention orders of the court.
18-8 (b) The papers sent to the clerk of a court under Subsection
18-9 (a)(1) constitute an application for mental health services under
18-10 Section 574.001, Health and Safety Code.
18-11 Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
18-12 MENTAL HEALTH SERVICES. [a child is found or alleged to be unfit
18-13 to proceed as a result of mental illness under Section 55.04 of
18-14 this chapter or is found not responsible for the child's conduct as
18-15 a result of mental illness under Section 55.05 of this chapter.]
18-16 [(b) Subtitle C, Title 7, Health and Safety Code, governs
18-17 proceedings for court-ordered mental health services except that
18-18 the juvenile court shall conduct the proceedings whether or not the
18-19 juvenile court is also a county court.]
18-20 [(c)] If the juvenile court or a court to which the child's
18-21 case is referred under Section 55.12(2) orders mental health
18-22 services for the child, the child shall be cared for, treated, and
18-23 released in conformity to Subtitle C, Title 7, Health and Safety
18-24 Code, except:
18-25 (1) a [juvenile] court order for mental health
18-26 services for [of] a child automatically expires on the 120th day
18-27 after the date the child becomes 18 years of age; and
19-1 (2) the administrator of a mental health facility
19-2 shall notify, in writing, by certified mail, return receipt
19-3 requested, the juvenile court that ordered mental health services
19-4 or the juvenile court that referred the case to a court that
19-5 ordered the mental health services of the intent to discharge the
19-6 child at least 10 days prior to discharge.
19-7 Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
19-8 PROCEEDINGS. (a) If the court to which the child's case is
19-9 referred under Section 55.12(2) orders temporary or extended
19-10 inpatient mental health services for the child, the court shall
19-11 immediately notify in writing the referring juvenile court of the
19-12 court's order for mental health services.
19-13 (b) [(d)] If the juvenile court orders temporary or extended
19-14 inpatient mental health services for the child or if the juvenile
19-15 court receives notice under Subsection (a) from the court to which
19-16 the child's case is referred, the proceedings under this title then
19-17 pending in juvenile court shall be stayed.
19-18 Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
19-19 OF STAY. (a) If the court to which a child's case is referred
19-20 under Section 55.12(2) does not order temporary or extended
19-21 inpatient mental health services for the child, the court shall
19-22 immediately notify in writing the referring juvenile court of the
19-23 court's decision.
19-24 (b) If the juvenile court does not order temporary or
19-25 extended inpatient mental health services for the child or if the
19-26 juvenile court receives notice under Subsection (a) from the court
19-27 to which the child's case is referred, the juvenile court shall
20-1 dissolve the stay and continue the juvenile court proceedings.
20-2 Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
20-3 REACHING 18 YEARS OF AGE. [(e)] If the child is discharged from
20-4 the mental health facility before reaching 18 years of age, the
20-5 juvenile court may:
20-6 (1) dismiss the juvenile court proceedings with
20-7 prejudice; or
20-8 (2) continue with proceedings under this title as
20-9 though no order of mental health services had been made.
20-10 Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
20-11 (a) [(f)] The juvenile court shall transfer all pending proceedings
20-12 from the juvenile court to a criminal court on the 18th birthday of
20-13 a child for whom the juvenile court or a court to which the child's
20-14 case is referred under Section 55.12(2) has ordered inpatient
20-15 mental health services [under this section] if:
20-16 (1) the child is not discharged or furloughed from the
20-17 inpatient mental health [residential care] facility before reaching
20-18 18 years of age; and
20-19 (2) the child is alleged to have engaged in delinquent
20-20 conduct that included a violation of a penal law listed in Section
20-21 53.045 and no adjudication concerning the alleged conduct has been
20-22 made.
20-23 (b) [(g)] The juvenile court shall send notification of the
20-24 transfer of a child under Subsection (a) [(f)] to the inpatient
20-25 mental health [residential care] facility. The criminal court
20-26 shall, within 90 days of the transfer, institute proceedings under
20-27 Article 46.02, Code of Criminal Procedure. If those or any
21-1 subsequent proceedings result in a determination that the defendant
21-2 is competent to stand trial, the defendant may not receive a
21-3 punishment for the delinquent conduct described by Subsection
21-4 (a)(2) [(f)(2)] that results in confinement for a period longer
21-5 than the maximum period of confinement the defendant could have
21-6 received if the defendant had been adjudicated for the delinquent
21-7 conduct while still a child and within the jurisdiction of the
21-8 juvenile court.
21-9 (Sections 55.20-55.30 reserved for expansion)
21-10 SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF
21-11 MENTAL ILLNESS OR MENTAL RETARDATION
21-12 [Sec. 55.03. CHILD WITH MENTAL RETARDATION. (a) If a child
21-13 is found or alleged to be unfit to proceed as a result of mental
21-14 retardation under Section 55.04 or is found not responsible for the
21-15 child's conduct as a result of mental retardation under Section
21-16 55.05, the court shall order a determination of mental retardation
21-17 and an interdisciplinary team recommendation of the child, as
21-18 provided by Chapter 593, Health and Safety Code, to be performed at
21-19 a facility approved or operated by the Texas Department of Mental
21-20 Health and Mental Retardation or at a community center established
21-21 in accordance with Chapter 534, Health and Safety Code.]
21-22 [(b) A child alleged or found to have engaged in delinquent
21-23 conduct or conduct indicating a need for supervision may be
21-24 committed to a residential care facility if:]
21-25 [(1) the child is found unfit to proceed as a result
21-26 of mental retardation under Section 55.04 of this chapter or is
21-27 found not responsible for the child's conduct as a result of mental
22-1 retardation under Section 55.05 of this chapter; and]
22-2 [(2) the child meets the criteria for commitment as
22-3 provided in Subchapter C, Chapter 593, Health and Safety Code.]
22-4 [(c) Subtitle D, Title 7, Health and Safety Code, governs
22-5 proceedings for commitment of a child under this section except
22-6 that:]
22-7 [(1) the juvenile court shall conduct the proceedings
22-8 whether or not the juvenile court is also a county court; and]
22-9 [(2) on receipt of the court's order entering the
22-10 findings required by Subtitle D, Title 7, Health and Safety Code,
22-11 and Subsection (b)(1) of this section, the Texas Department of
22-12 Mental Health and Mental Retardation or the appropriate community
22-13 center shall admit the child to a residential care facility.]
22-14 [(d) If the juvenile court enters an order committing the
22-15 child to a residential care facility, the child shall be cared for,
22-16 treated, and released in conformity to Subtitle D, Title 7, Health
22-17 and Safety Code, except that the administrator of the residential
22-18 care facility shall notify, in writing, the juvenile court that
22-19 ordered commitment of the child of the intent to discharge the
22-20 child from the residential care facility or to furlough the child
22-21 to an alternative placement at least 20 days prior to the date of
22-22 the discharge or furlough.]
22-23 [(e) If the juvenile court orders commitment of a child to a
22-24 residential care facility, the proceedings under this title then
22-25 pending in juvenile court shall be stayed.]
22-26 [(f) If the child committed to a residential care facility
22-27 is discharged or furloughed from the residential care facility as
23-1 provided by Subsection (d) of this section and in accordance with
23-2 Subtitle D, Title 7, Health and Safety Code, before reaching 18
23-3 years of age, the juvenile court may:]
23-4 [(1) dismiss the juvenile court proceedings with
23-5 prejudice; or]
23-6 [(2) continue with proceedings under this title as
23-7 though no order of commitment had been made.]
23-8 [(g) The juvenile court shall transfer all pending
23-9 proceedings from the juvenile court to a criminal court on the 18th
23-10 birthday of a child committed to a residential care facility if:]
23-11 [(1) the child is not discharged or furloughed from
23-12 the residential care facility before reaching 18 years of age; and]
23-13 [(2) the child is alleged to have engaged in
23-14 delinquent conduct that included a violation of a penal law listed
23-15 in Section 53.045.]
23-16 [(h) The juvenile court shall send notification of the
23-17 transfer of a child under Subsection (g) to the residential care
23-18 facility. The criminal court shall, within 90 days of the
23-19 transfer, institute proceedings under Article 46.02, Code of
23-20 Criminal Procedure. If those or any subsequent proceedings result
23-21 in a determination that the defendant is competent to stand trial,
23-22 the defendant may not receive a punishment for the delinquent
23-23 conduct described by Subsection (g)(2) that results in confinement
23-24 for a period longer than the maximum period of confinement the
23-25 defendant could have received if the defendant had been adjudicated
23-26 for the delinquent conduct while still a child and within the
23-27 jurisdiction of the juvenile court.]
24-1 Sec. 55.31 [55.04]. UNFITNESS TO PROCEED DETERMINATION;
24-2 EXAMINATION. (a) A child alleged by petition or found to have
24-3 engaged in delinquent conduct or conduct indicating a need for
24-4 supervision who as a result of mental illness or mental retardation
24-5 lacks capacity to understand the proceedings in juvenile court or
24-6 to assist in the child's [his] own defense is unfit to proceed and
24-7 shall not be subjected to discretionary transfer to criminal court,
24-8 adjudication, disposition, or modification of disposition as long
24-9 as such incapacity endures.
24-10 (b) On a [If on] motion by a party, the juvenile court shall
24-11 determine whether probable cause exists to believe that a child who
24-12 is alleged by petition or who is found to have engaged in
24-13 delinquent conduct or conduct indicating a need for supervision is
24-14 [or the court it is alleged that a child may be] unfit to proceed
24-15 as a result of mental illness or mental retardation[, the court
24-16 shall order appropriate examinations as provided by Section 55.01
24-17 of this chapter]. In making its determination, the court may:
24-18 (1) consider the motion, supporting documents,
24-19 professional statements of counsel, and witness testimony; and
24-20 (2) make its own observation of the child.
24-21 (c) If the court determines that probable cause exists to
24-22 believe that the child is unfit to proceed, the court shall
24-23 temporarily stay the juvenile court proceedings and immediately
24-24 order the child to be examined under Section 51.20. The
24-25 information obtained from the examination [examinations] must
24-26 include expert opinion as to whether the child is unfit to proceed
24-27 as a result of mental illness or mental retardation.
25-1 (d) After considering all relevant information, including
25-2 information obtained from an examination under Section 51.20, the
25-3 court shall:
25-4 (1) if the court determines that evidence exists to
25-5 support a finding that the child is unfit to proceed, proceed under
25-6 Section 55.32; or
25-7 (2) if the court determines that evidence does not
25-8 exist to support a finding that the child is unfit to proceed,
25-9 dissolve the stay and continue the juvenile court proceedings.
25-10 Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If
25-11 the juvenile court determines that evidence exists to support a
25-12 finding that a child is unfit to proceed as a result of mental
25-13 illness or mental retardation, the court shall set the case for a
25-14 hearing on that issue.
25-15 (b) [(c)] The issue of [court or jury shall determine]
25-16 whether the child is unfit to proceed as a result of mental illness
25-17 or mental retardation shall be determined at a hearing separate
25-18 from any other [the adjudication] hearing.
25-19 (c) The court shall determine the issue of whether the child
25-20 is unfit to proceed unless the child or the attorney for the child
25-21 demands a jury before the 10th day before the date of the hearing.
25-22 (d) Unfitness to proceed as a result of mental illness or
25-23 mental retardation must be proved by a preponderance of the
25-24 evidence.
25-25 (e) If the court or jury determines that the child is fit to
25-26 proceed, the juvenile court shall continue with proceedings under
25-27 this title as though no question of fitness to proceed had been
26-1 raised.
26-2 (f) If the court or jury determines that the child is unfit
26-3 to proceed as a result of mental illness or mental retardation, the
26-4 court shall:
26-5 (1) stay the juvenile court proceedings for as long as
26-6 that incapacity endures; and
26-7 (2) proceed under Section 55.33 [initiate proceedings
26-8 under Section 55.02 or Section 55.03 of this chapter].
26-9 (g) [A proceeding to determine fitness to proceed may be
26-10 joined with proceedings under Sections 55.02 and 55.03 of this
26-11 chapter.]
26-12 [(h)] The fact that the child is unfit to proceed as a
26-13 result of mental illness or mental retardation does not preclude
26-14 any legal objection to the juvenile court proceedings which is
26-15 susceptible of fair determination prior to the adjudication hearing
26-16 and without the personal participation of the child.
26-17 Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
26-18 PROCEED. (a) If the juvenile court or jury determines under
26-19 Section 55.32 that a child is unfit to proceed with the juvenile
26-20 court proceedings for delinquent conduct, the court shall:
26-21 (1) if the unfitness to proceed is a result of mental
26-22 illness or mental retardation:
26-23 (A) provided that the child meets the commitment
26-24 criteria under Subtitle C or D, Title 7, Health and Safety Code,
26-25 order the child placed with the Texas Department of Mental Health
26-26 and Mental Retardation for a period of not more than 90 days, which
26-27 order may not specify a shorter period, for placement in a facility
27-1 designated by the department; or
27-2 (B) on application by the child's parent,
27-3 guardian, or guardian ad litem, order the child placed in a private
27-4 psychiatric inpatient facility for a period of not more than 90
27-5 days, which order may not specify a shorter period, but only if the
27-6 placement is agreed to in writing by the administrator of the
27-7 facility; or
27-8 (2) if the unfitness to proceed is a result of mental
27-9 illness and the court determines that the child may be adequately
27-10 treated in an alternative setting, order the child to receive
27-11 treatment for mental illness on an outpatient basis for a period of
27-12 not more than 90 days, which order may not specify a shorter
27-13 period.
27-14 (b) If the court orders a child placed in a private
27-15 psychiatric inpatient facility under Subsection (a)(1)(B), the
27-16 state or a political subdivision of the state may be ordered to pay
27-17 any costs associated with the child's placement, subject to an
27-18 express appropriation of funds for the purpose.
27-19 Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY. (a) If
27-20 the court issues a placement order under Section 55.33(a)(1), the
27-21 court shall order the probation department or sheriff's department
27-22 to transport the child to the designated facility.
27-23 (b) On receipt of a report from a facility to which a child
27-24 has been transported under Subsection (a), the court shall order
27-25 the probation department or sheriff's department to transport the
27-26 child from the facility to the court. If the child is not
27-27 transported to the court before the 11th day after the date of the
28-1 court's order, an authorized representative of the facility shall
28-2 transport the child from the facility to the court.
28-3 (c) The county in which the juvenile court is located shall
28-4 reimburse the facility for the costs incurred in transporting the
28-5 child to the juvenile court as required by Subsection (b).
28-6 Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY;
28-7 REPORT TO COURT. (a) If the juvenile court issues a placement
28-8 order under Section 55.33(a), the court shall order the probation
28-9 department to send copies of any information in the possession of
28-10 the department and relevant to the issue of the child's mental
28-11 illness or mental retardation to the public or private facility or
28-12 outpatient center, as appropriate.
28-13 (b) Not later than the 75th day after the date the court
28-14 issues a placement order under Section 55.33(a), the public or
28-15 private facility or outpatient center, as appropriate, shall submit
28-16 to the court a report that:
28-17 (1) describes the treatment of the child provided by
28-18 the facility or center; and
28-19 (2) states the opinion of the director of the facility
28-20 or center as to whether the child is fit or unfit to proceed.
28-21 (c) The court shall provide a copy of the report submitted
28-22 under Subsection (b) to the prosecuting attorney and the attorney
28-23 for the child.
28-24 Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
28-25 OBJECTION. (a) If a report submitted under Section 55.35(b)
28-26 states that a child is fit to proceed, the juvenile court shall
28-27 find that the child is fit to proceed unless the child's attorney
29-1 objects in writing or in open court not later than the second day
29-2 after the date the attorney receives a copy of the report under
29-3 Section 55.35(c).
29-4 (b) On objection by the child's attorney under Subsection
29-5 (a), the juvenile court shall promptly hold a hearing to determine
29-6 whether the child is fit to proceed, except that the hearing may be
29-7 held after the date that the placement order issued under Section
29-8 55.33(a) expires. At the hearing, the court shall determine the
29-9 issue of the fitness of the child to proceed unless the child or
29-10 the child's attorney demands in writing a jury before the 10th day
29-11 before the date of the hearing.
29-12 (c) If, after a hearing, the court or jury finds that the
29-13 child is fit to proceed, the court shall dissolve the stay and
29-14 continue the juvenile court proceedings as though a question of
29-15 fitness to proceed had not been raised.
29-16 (d) If, after a hearing, the court or jury finds that the
29-17 child is unfit to proceed, the court shall proceed under Section
29-18 55.37.
29-19 Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
29-20 RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS. If
29-21 a report submitted under Section 55.35(b) states that a child is
29-22 unfit to proceed as a result of mental illness and that the child
29-23 meets the commitment criteria for civil commitment under Subtitle
29-24 C, Title 7, Health and Safety Code, the director of the public or
29-25 private facility or outpatient center, as appropriate, shall submit
29-26 to the court two certificates of medical examination for mental
29-27 illness. On receipt of the certificates, the court shall:
30-1 (1) initiate proceedings as provided by Section 55.38
30-2 in the juvenile court for commitment of the child under Subtitle C,
30-3 Title 7, Health and Safety Code; or
30-4 (2) refer the child's case as provided by Section
30-5 55.39 to the appropriate court for the initiation of proceedings in
30-6 that court for commitment of the child under Subtitle C, Title 7,
30-7 Health and Safety Code.
30-8 Sec. 55.38. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
30-9 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
30-10 proceedings under Section 55.37(1), the prosecuting attorney may
30-11 file with the juvenile court an application for court-ordered
30-12 mental health services under Section 574.001, Health and Safety
30-13 Code. The juvenile court shall:
30-14 (1) set a date for a hearing and provide notice as
30-15 required by Sections 574.005 and 574.006, Health and Safety Code;
30-16 and
30-17 (2) conduct the hearing in accordance with Subchapter
30-18 C, Chapter 574, Health and Safety Code.
30-19 (b) After conducting a hearing under Subsection (a)(2), the
30-20 juvenile court shall:
30-21 (1) if the criteria under Section 574.034, Health and
30-22 Safety Code, are satisfied, order temporary mental health services;
30-23 or
30-24 (2) if the criteria under Section 574.035, Health and
30-25 Safety Code, are satisfied, order extended mental health services.
30-26 Sec. 55.39. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
30-27 ILLNESS. (a) If the juvenile court refers the child's case to an
31-1 appropriate court for the initiation of commitment proceedings
31-2 under Section 55.37(2), the juvenile court shall:
31-3 (1) send all papers relating to the child's unfitness
31-4 to proceed, including the verdict and judgment of the juvenile
31-5 court finding the child unfit to proceed, to the clerk of the court
31-6 to which the case is referred;
31-7 (2) send to the office of the appropriate county
31-8 attorney or, if a county attorney is not available, to the office
31-9 of the appropriate district attorney, copies of all papers sent to
31-10 the clerk of the court under Subdivision (1); and
31-11 (3) if the child is in detention:
31-12 (A) order the child released from detention to
31-13 the child's home or another appropriate place;
31-14 (B) order the child detained in an appropriate
31-15 place other than a juvenile detention facility; or
31-16 (C) if an appropriate place to release or detain
31-17 the child as described by Paragraph (A) or (B) is not available,
31-18 order the child to remain in the juvenile detention facility
31-19 subject to further detention orders of the court.
31-20 (b) The papers sent to a court under Subsection (a)(1)
31-21 constitute an application for mental health services under Section
31-22 574.001, Health and Safety Code.
31-23 Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
31-24 RESULT OF MENTAL RETARDATION. If a report submitted under Section
31-25 55.35(b) states that a child is unfit to proceed as a result of
31-26 mental retardation and that the child meets the commitment criteria
31-27 for civil commitment under Subtitle D, Title 7, Health and Safety
32-1 Code, the director of the residential care facility shall submit to
32-2 the court an affidavit stating the conclusions reached as a result
32-3 of the diagnosis. On receipt of the affidavit, the court shall:
32-4 (1) initiate proceedings as provided by Section 55.41
32-5 in the juvenile court for commitment of the child under Subtitle D,
32-6 Title 7, Health and Safety Code; or
32-7 (2) refer the child's case as provided by Section
32-8 55.42 to the appropriate court for the initiation of proceedings in
32-9 that court for commitment of the child under Subtitle D, Title 7,
32-10 Health and Safety Code.
32-11 Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
32-12 MENTAL RETARDATION. (a) If the juvenile court initiates
32-13 commitment proceedings under Section 55.40(1), the prosecuting
32-14 attorney may file with the juvenile court an application for
32-15 placement under Section 593.041, Health and Safety Code. The
32-16 juvenile court shall:
32-17 (1) set a date for a hearing and provide notice as
32-18 required by Sections 593.047 and 593.048, Health and Safety Code;
32-19 and
32-20 (2) conduct the hearing in accordance with Sections
32-21 593.049-593.056, Health and Safety Code.
32-22 (b) After conducting a hearing under Subsection (a)(2), the
32-23 juvenile court may order commitment of the child to a residential
32-24 care facility if the commitment criteria under Section 593.052,
32-25 Health and Safety Code, are satisfied.
32-26 Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
32-27 RETARDATION. (a) If the juvenile court refers the child's case to
33-1 an appropriate court for the initiation of commitment proceedings
33-2 under Section 55.40(2), the juvenile court shall:
33-3 (1) send all papers relating to the child's mental
33-4 retardation to the clerk of the court to which the case is
33-5 referred;
33-6 (2) send to the office of the appropriate county
33-7 attorney or, if a county attorney is not available, to the office
33-8 of the appropriate district attorney, copies of all papers sent to
33-9 the clerk of the court under Subdivision (1); and
33-10 (3) if the child is in detention:
33-11 (A) order the child released from detention to
33-12 the child's home or another appropriate place;
33-13 (B) order the child detained in an appropriate
33-14 place other than a juvenile detention facility; or
33-15 (C) if an appropriate place to release or detain
33-16 the child as described by Paragraph (A) or (B) is not available,
33-17 order the child to remain in the juvenile detention facility
33-18 subject to further detention orders of the court.
33-19 (b) The papers sent to a court under Subsection (a)(1)
33-20 constitute an application for placement under Section 593.041,
33-21 Health and Safety Code.
33-22 Sec. 55.43. RESTORATION HEARING. (a) The prosecuting
33-23 attorney may file with the juvenile court a motion for a
33-24 restoration hearing concerning a child if:
33-25 (1) the child is found unfit to proceed as a result of
33-26 mental illness or mental retardation; and
33-27 (2) the child:
34-1 (A) is not:
34-2 (i) ordered by a court to receive
34-3 inpatient mental health services;
34-4 (ii) committed by a court to a residential
34-5 care facility; or
34-6 (iii) ordered by a court to receive
34-7 treatment on an outpatient basis; or
34-8 (B) is discharged or furloughed from a mental
34-9 health facility or outpatient center before the child reaches 18
34-10 years of age.
34-11 (b) At the restoration hearing, the court shall determine
34-12 the issue of whether the child is fit to proceed.
34-13 (c) The restoration hearing shall be conducted without a
34-14 jury.
34-15 (d) The issue of fitness to proceed must be proved by a
34-16 preponderance of the evidence.
34-17 (e) If, after a hearing, the court finds that the child is
34-18 fit to proceed, the court shall continue the juvenile court
34-19 proceedings.
34-20 (f) If, after a hearing, the court finds that the child is
34-21 unfit to proceed, the court shall dismiss the motion for
34-22 restoration.
34-23 Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
34-24 CHILD. (a) The juvenile court shall transfer all pending
34-25 proceedings from the juvenile court to a criminal court on the 18th
34-26 birthday of a child for whom the juvenile court or a court to which
34-27 the child's case is referred has ordered inpatient mental health
35-1 services or residential care for persons with mental retardation
35-2 if:
35-3 (1) the child is not discharged or furloughed from the
35-4 facility before reaching 18 years of age; and
35-5 (2) the child is alleged to have engaged in delinquent
35-6 conduct that included a violation of a penal law listed in Section
35-7 53.045 and no adjudication concerning the alleged conduct has been
35-8 made.
35-9 (b) The juvenile court shall send notification of the
35-10 transfer of a child under Subsection (a) to the facility. The
35-11 criminal court shall, before the 91st day after the date of the
35-12 transfer, institute proceedings under Article 46.02, Code of
35-13 Criminal Procedure. If those or any subsequent proceedings result
35-14 in a determination that the defendant is competent to stand trial,
35-15 the defendant may not receive a punishment for the delinquent
35-16 conduct described by Subsection (a)(2) that results in confinement
35-17 for a period longer than the maximum period of confinement the
35-18 defendant could have received if the defendant had been adjudicated
35-19 for the delinquent conduct while still a child and within the
35-20 jurisdiction of the juvenile court.
35-21 (Sections 55.45-55.50 reserved for expansion
35-22 SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS
35-23 A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
35-24 Sec. 55.51 [55.05]. LACK OF RESPONSIBILITY FOR CONDUCT
35-25 DETERMINATION; EXAMINATION. (a) A child alleged by petition to
35-26 have engaged in delinquent conduct or conduct indicating a need for
35-27 supervision is not responsible for the conduct if at the time of
36-1 the conduct, as a result of mental illness or mental retardation,
36-2 the child [he] lacks substantial capacity either to appreciate the
36-3 wrongfulness of the child's [his] conduct or to conform the child's
36-4 [his] conduct to the requirements of law.
36-5 (b) On a [If on] motion by [of] a party in which [or the
36-6 court] it is alleged that a [the] child may not be responsible as a
36-7 result of mental illness or mental retardation for the child's
36-8 conduct, the court shall order the child to be examined under
36-9 [appropriate examinations as provided by] Section 51.20 [55.01 of
36-10 this chapter]. The information obtained from the examinations must
36-11 include expert opinion as to whether the child is not responsible
36-12 for the child's conduct as a result of mental illness or mental
36-13 retardation.
36-14 (c) The issue of whether the child is not responsible for
36-15 the child's [his] conduct as a result of mental illness or mental
36-16 retardation shall be tried to the court or jury in the adjudication
36-17 hearing.
36-18 (d) Lack of responsibility for conduct as a result of mental
36-19 illness or mental retardation must be proved by a preponderance of
36-20 the evidence.
36-21 (e) In its findings or verdict the court or jury must state
36-22 whether the child is not responsible for the child's [his] conduct
36-23 as a result of mental illness or mental retardation.
36-24 (f) If the court or jury finds the child is not responsible
36-25 for the child's [his] conduct as a result of mental illness or
36-26 mental retardation, the court shall proceed [initiate proceedings]
36-27 under Section 55.52 [55.02 or 55.03 of this chapter].
37-1 (g) A child found to be not responsible for the child's
37-2 [his] conduct as a result of mental illness or mental retardation
37-3 shall not be subject to proceedings under this title with respect
37-4 to such conduct, other than proceedings under Section 55.52 [55.02
37-5 or 55.03 of this chapter].
37-6 Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
37-7 RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
37-8 child is not responsible for the child's conduct under Section
37-9 55.51, the court shall:
37-10 (1) if the lack of responsibility is a result of
37-11 mental illness or mental retardation:
37-12 (A) provided that the child meets the commitment
37-13 criteria under Subtitle C or D, Title 7, Health and Safety Code,
37-14 order the child placed with the Texas Department of Mental Health
37-15 and Mental Retardation for a period of not more than 90 days, which
37-16 order may not specify a shorter period, for placement in a facility
37-17 designated by the department; or
37-18 (B) on application by the child's parent,
37-19 guardian, or guardian ad litem, order the child placed in a private
37-20 psychiatric inpatient facility for a period of not more than 90
37-21 days, which order may not specify a shorter period, but only if the
37-22 placement is agreed to in writing by the administrator of the
37-23 facility; or
37-24 (2) if the child's lack of responsibility is a result
37-25 of mental illness and the court determines that the child may be
37-26 adequately treated in an alternative setting, order the child to
37-27 receive treatment on an outpatient basis for a period of not more
38-1 than 90 days, which order may not specify a shorter period.
38-2 (b) If the court orders a child placed in a private
38-3 psychiatric inpatient facility under Subsection (a)(1)(B), the
38-4 state or a political subdivision of the state may be ordered to pay
38-5 any costs associated with the child's placement, subject to an
38-6 express appropriation of funds for the purpose.
38-7 Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. (a) If
38-8 the court issues a placement order under Section 55.52(a)(1), the
38-9 court shall order the probation department or sheriff's department
38-10 to transport the child to the designated facility.
38-11 (b) On receipt of a report from a facility to which a child
38-12 has been transported under Subsection (a), the court shall order
38-13 the probation department or sheriff's department to transport the
38-14 child from the facility to the court. If the child is not
38-15 transported to the court before the 11th day after the date of the
38-16 court's order, an authorized representative of the facility shall
38-17 transport the child from the facility to the court.
38-18 (c) The county in which the juvenile court is located shall
38-19 reimburse the facility for the costs incurred in transporting the
38-20 child to the juvenile court as required by Subsection (b).
38-21 Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY;
38-22 REPORT TO COURT. (a) If the juvenile court issues a placement
38-23 order under Section 55.52(a), the court shall order the probation
38-24 department to send copies of any information in the possession of
38-25 the department and relevant to the issue of the child's mental
38-26 illness or mental retardation to the public or private facility or
38-27 outpatient center, as appropriate.
39-1 (b) Not later than the 75th day after the date the court
39-2 issues a placement order under Section 55.52(a), the public or
39-3 private facility or outpatient center, as appropriate, shall submit
39-4 to the court a report that:
39-5 (1) describes the treatment of the child provided by
39-6 the facility or center; and
39-7 (2) states the opinion of the director of the facility
39-8 or center as to whether the child is mentally ill or mentally
39-9 retarded.
39-10 (c) The court shall send a copy of the report submitted
39-11 under Subsection (b) to the prosecuting attorney and the attorney
39-12 for the child.
39-13 Sec. 55.55. REPORT THAT CHILD IS NOT MENTALLY ILL OR
39-14 MENTALLY RETARDED; HEARING ON OBJECTION. (a) If a report
39-15 submitted under Section 55.54(b) states that a child does not have
39-16 a mental illness or mental retardation, the juvenile court shall
39-17 discharge the child unless:
39-18 (1) an adjudication hearing was conducted concerning
39-19 conduct that included a violation of a penal law listed in Section
39-20 53.045(a) and a petition was approved by a grand jury under Section
39-21 53.045; and
39-22 (2) the prosecuting attorney objects in writing not
39-23 later than the second day after the date the attorney receives a
39-24 copy of the report under Section 55.54(c).
39-25 (b) On objection by the prosecuting attorney under
39-26 Subsection (a), the juvenile court shall hold a hearing without a
39-27 jury to determine whether the child has a mental illness or mental
40-1 retardation and whether the child meets the commitment criteria for
40-2 civil commitment under Subtitle C or D, Title 7, Health and Safety
40-3 Code.
40-4 (c) At the hearing, the burden is on the state to prove by
40-5 clear and convincing evidence that the child has a mental illness
40-6 or mental retardation and that the child meets the commitment
40-7 criteria for civil commitment under Subtitle C or D, Title 7,
40-8 Health and Safety Code.
40-9 (d) If, after a hearing, the court finds that the child does
40-10 not have a mental illness or mental retardation and that the child
40-11 does not meet the commitment criteria under Subtitle C or D, Title
40-12 7, Health and Safety Code, the court shall discharge the child.
40-13 (e) If, after a hearing, the court finds that the child has
40-14 a mental illness or mental retardation and that the child meets the
40-15 commitment criteria under Subtitle C or D, Title 7, Health and
40-16 Safety Code, the court shall issue an appropriate commitment order.
40-17 Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
40-18 OF COMMITMENT PROCEEDINGS. If a report submitted under Section
40-19 55.54(b) states that a child has a mental illness and that the
40-20 child meets the commitment criteria for civil commitment under
40-21 Subtitle C, Title 7, Health and Safety Code, the director of the
40-22 public or private facility or outpatient center, as appropriate,
40-23 shall submit to the court two certificates of medical examination
40-24 for mental illness. On receipt of the certificates, the court
40-25 shall:
40-26 (1) initiate proceedings as provided by Section 55.57
40-27 in the juvenile court for commitment of the child under Subtitle C,
41-1 Title 7, Health and Safety Code; or
41-2 (2) refer the child's case as provided by Section
41-3 55.58 to the appropriate court for the initiation of proceedings in
41-4 that court for commitment of the child under Subtitle C, Title 7,
41-5 Health and Safety Code.
41-6 Sec. 55.57. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
41-7 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
41-8 proceedings under Section 55.56(1), the prosecuting attorney may
41-9 file with the juvenile court an application for court-ordered
41-10 mental health services under Section 574.001, Health and Safety
41-11 Code. The juvenile court shall:
41-12 (1) set a date for a hearing and provide notice as
41-13 required by Sections 574.005 and 574.006, Health and Safety Code;
41-14 and
41-15 (2) conduct the hearing in accordance with Subchapter
41-16 C, Chapter 574, Health and Safety Code.
41-17 (b) After conducting a hearing under Subsection (a)(2), the
41-18 juvenile court shall:
41-19 (1) if the criteria under Section 574.034, Health and
41-20 Safety Code, are satisfied, order temporary mental health services;
41-21 or
41-22 (2) if the criteria under Section 574.035, Health and
41-23 Safety Code, are satisfied, order extended mental health services.
41-24 Sec. 55.58. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
41-25 ILLNESS. (a) If the juvenile court refers the child's case to an
41-26 appropriate court for the initiation of commitment proceedings
41-27 under Section 55.56(2), the juvenile court shall:
42-1 (1) send all papers relating to the child's mental
42-2 illness, including the verdict and judgment of the juvenile court
42-3 finding that the child was not responsible for the child's conduct,
42-4 to the clerk of the court to which the case is referred;
42-5 (2) send to the office of the appropriate county
42-6 attorney or, if a county attorney is not available, to the office
42-7 of the district attorney, copies of all papers sent to the clerk of
42-8 the court under Subdivision (1); and
42-9 (3) if the child is in detention:
42-10 (A) order the child released from detention to
42-11 the child's home or another appropriate place;
42-12 (B) order the child detained in an appropriate
42-13 place other than a juvenile detention facility; or
42-14 (C) if an appropriate place to release or detain
42-15 the child as described by Paragraph (A) or (B) is not available,
42-16 order the child to remain in the juvenile detention facility
42-17 subject to further detention orders of the court.
42-18 (b) The papers sent to a court under Subsection (a)(1)
42-19 constitute an application for mental health services under Section
42-20 574.001, Health and Safety Code.
42-21 Sec. 55.59. REPORT THAT CHILD HAS MENTAL RETARDATION;
42-22 INITIATION OF COMMITMENT PROCEEDINGS. If a report submitted under
42-23 Section 55.54(b) states that a child has mental retardation and
42-24 that the child meets the commitment criteria for civil commitment
42-25 under Subtitle D, Title 7, Health and Safety Code, the director of
42-26 the residential care facility shall submit to the court an
42-27 affidavit stating the conclusions reached as a result of the
43-1 diagnosis. On receipt of an affidavit, the juvenile court shall:
43-2 (1) initiate proceedings in the juvenile court as
43-3 provided by Section 55.60 for commitment of the child under
43-4 Subtitle D, Title 7, Health and Safety Code; or
43-5 (2) refer the child's case to the appropriate court as
43-6 provided by Section 55.61 for the initiation of proceedings in that
43-7 court for commitment of the child under Subtitle D, Title 7, Health
43-8 and Safety Code.
43-9 Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
43-10 MENTAL RETARDATION. (a) If the juvenile court initiates
43-11 commitment proceedings under Section 55.59(1), the prosecuting
43-12 attorney may file with the juvenile court an application for
43-13 placement under Section 593.041, Health and Safety Code. The
43-14 juvenile court shall:
43-15 (1) set a date for a hearing and provide notice as
43-16 required by Sections 593.047 and 593.048, Health and Safety Code;
43-17 and
43-18 (2) conduct the hearing in accordance with Sections
43-19 593.049-593.056, Health and Safety Code.
43-20 (b) After conducting a hearing under Subsection (a)(2), the
43-21 juvenile court may order commitment of the child to a residential
43-22 care facility only if the commitment criteria under Section
43-23 593.052, Health and Safety Code, are satisfied.
43-24 Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
43-25 RETARDATION. (a) If the juvenile court refers the child's case to
43-26 an appropriate court for the initiation of commitment proceedings
43-27 under Section 55.59(2), the juvenile court shall:
44-1 (1) send all papers relating to the child's mental
44-2 retardation to the clerk of the court to which the case is
44-3 referred;
44-4 (2) send to the office of the appropriate county
44-5 attorney or, if a county attorney is not available, to the office
44-6 of the appropriate district attorney, copies of all papers sent to
44-7 the clerk of the court under Subdivision (1); and
44-8 (3) if the child is in detention:
44-9 (A) order the child released from detention to
44-10 the child's home or another appropriate place;
44-11 (B) order the child detained in an appropriate
44-12 place other than a juvenile detention facility; or
44-13 (C) if an appropriate place to release or detain
44-14 the child as described by Paragraph (A) or (B) is not available,
44-15 order the child to remain in the juvenile detention facility
44-16 subject to further detention orders of the court.
44-17 (b) The papers sent to a court under Subsection (a)(1)
44-18 constitute an application for placement under Section 593.041,
44-19 Health and Safety Code.
44-20 SECTION 15. Section 56.01(c), Family Code, is amended to
44-21 read as follows:
44-22 (c) An appeal may be taken:
44-23 (1) by or on behalf of a child from an order entered
44-24 under:
44-25 (A) Section 54.03 [of this code] with regard to
44-26 delinquent conduct or conduct indicating a need for supervision;
44-27 (B) Section 54.04 [of this code] disposing of
45-1 the case;
45-2 (C) Section 54.05 [of this code] respecting
45-3 modification of a previous juvenile court disposition; or
45-4 (D) Chapter 55 by a juvenile court [of this
45-5 code] committing a child to a facility for the mentally ill or
45-6 mentally retarded; or
45-7 (2) by a person from an order entered under Section
45-8 54.11(i)(2) [of this code] transferring the person to the custody
45-9 of the institutional division of the Texas Department of Criminal
45-10 Justice.
45-11 SECTION 16. Section 58.001(c), Family Code, is amended to
45-12 read as follows:
45-13 (c) A law enforcement agency shall [may] forward
45-14 information, including [photographs and] fingerprints, relating to
45-15 a child who has been [detained or] taken into custody under Section
45-16 52.01 by the agency to the Department of Public Safety for
45-17 inclusion in the juvenile justice information system created under
45-18 Subchapter B, but only if the child is referred to juvenile court
45-19 on or before the 10th day after the date the child is [detained or]
45-20 taken into custody under Section 52.01. If the child is not
45-21 referred to juvenile court within that time, the law enforcement
45-22 agency shall destroy all information, including photographs and
45-23 fingerprints, relating to the child unless the child is placed in a
45-24 first offender program under Section 52.031 or on informal
45-25 disposition under Section 52.03. The law enforcement agency may
45-26 not forward any information to the Department of Public Safety
45-27 relating to the child while the child is in a first offender
46-1 program under Section 52.031, or during the 90 days following
46-2 successful completion of the program or while the child is on
46-3 informal disposition under Section 52.03. Except as provided by
46-4 Subsection (f), after the date the child completes an informal
46-5 disposition under Section 52.03 or after the 90th day after the
46-6 date the child successfully completes a first offender program
46-7 under Section 52.031, the law enforcement agency shall destroy all
46-8 information, including photographs and fingerprints, relating to
46-9 the child.
46-10 SECTION 17. Section 58.002(a), Family Code, is amended to
46-11 read as follows:
46-12 (a) Except as provided by Chapter 79, Human Resources Code,
46-13 a child may not be photographed or fingerprinted without the
46-14 consent of the juvenile court unless the child is taken into
46-15 custody or referred to the juvenile court for conduct that
46-16 constitutes a felony or a misdemeanor punishable by confinement in
46-17 jail.
46-18 SECTION 18. Section 58.007, Family Code, is amended by
46-19 adding Subsection (h) to read as follows:
46-20 (h) The juvenile court may disseminate to the public the
46-21 following information relating to a child who is the subject of a
46-22 directive to apprehend or a warrant of arrest and who cannot be
46-23 located for the purpose of apprehension:
46-24 (1) the child's name, including other names by which
46-25 the child is known;
46-26 (2) the child's physical description, including sex,
46-27 weight, height, race, ethnicity, eye color, hair color, scars,
47-1 marks, and tattoos;
47-2 (3) a photograph of the child; and
47-3 (4) a description of the conduct the child is alleged
47-4 to have committed, including the level and degree of the alleged
47-5 offense.
47-6 SECTION 19. Section 58.106(c), Family Code, is amended to
47-7 read as follows:
47-8 (c) The department may, if necessary to protect the welfare
47-9 of the community, disseminate to the public the following
47-10 information relating to a juvenile [offender] who has escaped from
47-11 the custody of the Texas Youth Commission or from another secure
47-12 detention or correctional facility:
47-13 (1) the juvenile's [juvenile offender's] name,
47-14 including other names by which the juvenile [offender] is known;
47-15 (2) the juvenile's [juvenile offender's] physical
47-16 description, including sex, weight, height, race, ethnicity, eye
47-17 color, hair color, scars, marks, and tattoos;
47-18 (3) a photograph of the juvenile [offender]; and
47-19 (4) a description of the conduct for which the
47-20 juvenile [offender] was committed to the Texas Youth Commission or
47-21 detained in the secure detention or correctional facility,
47-22 including the level and degree of the alleged offense.
47-23 SECTION 20. Section 59.003(a), Family Code, is amended to
47-24 read as follows:
47-25 (a) Subject to Subsection (e), after a child's first
47-26 commission of delinquent conduct or conduct indicating a need for
47-27 supervision, the probation department or prosecuting attorney may,
48-1 or the juvenile court may, in a disposition hearing under Section
48-2 54.04 or a modification hearing under Section 54.05, assign a child
48-3 one of the following sanction levels according to the child's
48-4 conduct:
48-5 (1) for conduct indicating a need for supervision,
48-6 other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
48-7 or a Class A or B misdemeanor, the sanction level is one;
48-8 (2) for conduct indicating a need for supervision
48-9 under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
48-10 misdemeanor, other than a misdemeanor involving the use or
48-11 possession of a firearm, or for delinquent conduct under Section
48-12 51.03(a)(2) or (3), the sanction level is two;
48-13 (3) for a misdemeanor involving the use or possession
48-14 of a firearm or for a state jail felony or a felony of the third
48-15 degree, the sanction level is three;
48-16 (4) for a felony of the second degree, the sanction
48-17 level is four;
48-18 (5) for a felony of the first degree, other than a
48-19 felony involving the use of a deadly weapon or causing serious
48-20 bodily injury, the sanction level is five;
48-21 (6) for a felony of the first degree involving the use
48-22 of a deadly weapon or causing serious bodily injury, for an
48-23 aggravated controlled substance felony, or for a capital felony,
48-24 the sanction level is six; or
48-25 (7) for a felony of the first degree involving the use
48-26 of a deadly weapon or causing serious bodily injury, for an
48-27 aggravated controlled substance felony, or for a capital felony, if
49-1 the petition has been approved by a grand jury under Section
49-2 53.045, or if a petition to transfer the child to criminal court
49-3 has been filed under Section 54.02, the sanction level is seven.
49-4 SECTION 21. Section 59.005(a), Family Code, is amended
49-5 to read as follows:
49-6 (a) For a child at sanction level two, the juvenile court,
49-7 the prosecuting attorney, or the probation department may, as
49-8 provided by Section 53.03:
49-9 (1) place the child on deferred prosecution [or
49-10 court-ordered probation] for not less than three months or more
49-11 than six months;
49-12 (2) require the child to make restitution to the
49-13 victim of the child's conduct or perform community service
49-14 restitution appropriate to the nature and degree of harm caused and
49-15 according to the child's ability;
49-16 (3) require the child's parents or guardians to
49-17 identify restrictions the parents or guardians will impose on the
49-18 child's activities and requirements the parents or guardians will
49-19 set for the child's behavior;
49-20 (4) provide the information required under Sections
49-21 59.004(a)(2) and (4);
49-22 (5) require the child or the child's parents or
49-23 guardians to participate in a program for services under Section
49-24 264.302, if a program under Section 264.302 is available to the
49-25 child or the child's parents or guardians;
49-26 (6) refer the child to a community-based citizen
49-27 intervention program approved by the juvenile court; and
50-1 (7) if appropriate, impose additional conditions of
50-2 probation.
50-3 SECTION 22. Section 59.014, Family Code, is amended to read
50-4 as follows:
50-5 Sec. 59.014. APPEAL. A child may not bring an appeal or a
50-6 postconviction writ of habeas corpus based on the:
50-7 (1) [The] failure or inability of any person to
50-8 provide a service listed under Sections 59.004-59.010;
50-9 (2) [or the] failure of a court or of any person to
50-10 make a sanction level assignment as provided in Section 59.002 or
50-11 59.003; or
50-12 (3) failure of a juvenile court or probation
50-13 department to report a deviation from the guidelines as required by
50-14 Section 59.003(e) [may not be used by a child as a ground for
50-15 appeal or for a postconviction writ of habeas corpus].
50-16 SECTION 23. Section 232.002, Family Code, is amended to read
50-17 as follows:
50-18 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
50-19 following state agencies are licensing authorities subject to this
50-20 chapter:
50-21 (1) Department of Agriculture;
50-22 (2) Texas Commission on Alcohol and Drug Abuse;
50-23 (3) Texas Alcoholic Beverage Commission;
50-24 (4) Texas Appraiser Licensing and Certification Board;
50-25 (5) Texas Board of Architectural Examiners;
50-26 (6) State Board of Barber Examiners;
50-27 (7) Texas Board of Chiropractic Examiners;
51-1 (8) Comptroller of Public Accounts;
51-2 (9) Texas Cosmetology Commission;
51-3 (10) Court Reporters Certification Board;
51-4 (11) State Board of Dental Examiners;
51-5 (12) Texas State Board of Examiners of Dietitians;
51-6 (13) Texas Funeral Service Commission;
51-7 (14) Texas Department of Health;
51-8 (15) Texas Department of Human Services;
51-9 (16) Texas Board of Professional Land Surveying;
51-10 (17) Texas Department of Licensing and Regulation;
51-11 (18) Texas State Board of Examiners of Marriage and
51-12 Family Therapists;
51-13 (19) Texas State Board of Medical Examiners;
51-14 (20) Midwifery Board;
51-15 (21) Texas Natural Resource Conservation Commission;
51-16 (22) Board of Nurse Examiners;
51-17 (23) Texas Board of Occupational Therapy Examiners;
51-18 (24) Texas Optometry Board;
51-19 (25) Parks and Wildlife Department;
51-20 (26) Texas State Board of Examiners of Perfusionists;
51-21 (27) Texas State Board of Pharmacy;
51-22 (28) Texas Board of Physical Therapy Examiners;
51-23 (29) Texas State Board of Plumbing Examiners;
51-24 (30) Texas State Board of Podiatric Medical Examiners;
51-25 (31) Polygraph Examiners Board;
51-26 (32) Texas Board of Private Investigators and Private
51-27 Security Agencies;
52-1 (33) Texas State Board of Examiners of Professional
52-2 Counselors;
52-3 (34) State Board of Registration for Professional
52-4 Engineers;
52-5 (35) Department of Protective and Regulatory Services;
52-6 (36) Texas State Board of Examiners of Psychologists;
52-7 (37) Texas State Board of Public Accountancy;
52-8 (38) Department of Public Safety of the State of
52-9 Texas;
52-10 (39) Public Utility Commission of Texas;
52-11 (40) Railroad Commission of Texas;
52-12 (41) Texas Real Estate Commission;
52-13 (42) State Bar of Texas;
52-14 (43) Texas State Board of Social Worker Examiners;
52-15 (44) State Board of Examiners for Speech-Language
52-16 Pathology and Audiology;
52-17 (45) Texas Structural Pest Control Board;
52-18 (46) Board of Tax Professional Examiners;
52-19 (47) Secretary of State;
52-20 (48) Supreme Court of Texas;
52-21 (49) Texas Transportation Commission;
52-22 (50) State Board of Veterinary Medical Examiners;
52-23 (51) Board of Vocational Nurse Examiners;
52-24 (52) Texas Ethics Commission;
52-25 (53) Advisory Board of Athletic Trainers;
52-26 (54) State Committee of Examiners in the Fitting and
52-27 Dispensing of Hearing Instruments;
53-1 (55) Texas Board of Licensure for Professional Medical
53-2 Physicists; [and]
53-3 (56) Texas Department of Insurance;[.]
53-4 (57) Texas Board of Orthotics and Prosthetics; and
53-5 (58) Texas Juvenile Probation Commission.
53-6 SECTION 24. Section 261.103, Family Code, is amended to read
53-7 as follows:
53-8 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. (a)
53-9 Except as provided by Subsection (b), a [A] report shall be made
53-10 to:
53-11 (1) any local or state law enforcement agency;
53-12 (2) the department if the alleged or suspected abuse
53-13 involves a person responsible for the care, custody, or welfare of
53-14 the child;
53-15 (3) the state agency that operates, licenses,
53-16 certifies, or registers the facility in which the alleged abuse or
53-17 neglect occurred; or
53-18 (4) the agency designated by the court to be
53-19 responsible for the protection of children.
53-20 (b) A report may be made to the Texas Youth Commission
53-21 instead of the entities listed under Subsection (a) if the report
53-22 is based on information provided by a child while under the
53-23 supervision of the commission concerning the child's alleged abuse
53-24 of another child.
53-25 SECTION 25. Section 261.105, Family Code, is amended by
53-26 adding Subsection (e) to read as follows:
53-27 (e) In cooperation with the department, the Texas Youth
54-1 Commission by rule shall adopt guidelines for identifying a report
54-2 made to the commission under Section 261.103(b) that is appropriate
54-3 to refer to the department or a law enforcement agency for
54-4 investigation. Guidelines adopted under this subsection must
54-5 require the commission to consider the severity and immediacy of
54-6 the alleged abuse or neglect of the child victim.
54-7 SECTION 26. Section 261.405, Family Code, as amended by
54-8 Chapters 162 and 1374, Acts of the 75th Legislature, Regular
54-9 Session, 1997, is reenacted and amended to read as follows:
54-10 Sec. 261.405. INVESTIGATIONS IN [PRE-ADJUDICATION AND
54-11 POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
54-12 (a) A report of alleged abuse or neglect in a public or private
54-13 juvenile pre-adjudication secure detention facility, including
54-14 hold-over facilities, or public or private juvenile
54-15 post-adjudication secure correctional facility, except for a
54-16 facility operated solely for children committed to the Texas Youth
54-17 Commission, shall be made to a local law enforcement agency for
54-18 investigation. The local law enforcement agency shall immediately
54-19 notify the Texas Juvenile Probation Commission of any report the
54-20 agency receives.
54-21 (b) The Texas Juvenile Probation Commission shall conduct an
54-22 investigation as provided by this chapter if the commission
54-23 receives a report of alleged abuse or neglect in any program,
54-24 including a juvenile justice alternative education program,
54-25 operated wholly or partly by:
54-26 (1) a local juvenile probation department; or
54-27 (2) a private vendor operating under the authority of
55-1 a county juvenile board in accordance with the standards adopted by
55-2 the commission.
55-3 (c) In an investigation required under this section, the
55-4 investigating agency shall have access to medical and mental health
55-5 records as provided by Subchapter D.
55-6 SECTION 27. The heading to Article 4.18, Code of Criminal
55-7 Procedure, is amended to read as follows:
55-8 Art. 4.18. CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
55-9 JUVENILE COURT].
55-10 SECTION 28. Article 4.18, Code of Criminal Procedure, is
55-11 amended by adding Subsection (g) to read as follows:
55-12 (g) This article does not apply to a claim of a defect or
55-13 error in a discretionary transfer proceeding in juvenile court. A
55-14 defendant may appeal a defect or error only as provided by Article
55-15 44.47.
55-16 SECTION 29. Section 8(c), Article 42.09, Code of Criminal
55-17 Procedure, is amended to read as follows:
55-18 (c) A county that transfers a defendant to the Texas
55-19 Department of Criminal Justice under this article shall also
55-20 deliver to the designated officer any presentence or postsentence
55-21 investigation report, revocation report, psychological or
55-22 psychiatric evaluation of the defendant, including an evaluation
55-23 prepared for the juvenile court before transferring the defendant
55-24 to criminal court and contained in the criminal prosecutor's file,
55-25 and available social or psychological background information
55-26 relating to the defendant and may deliver to the designated officer
55-27 any additional information upon which the judge or jury bases the
56-1 punishment decision.
56-2 SECTION 30. Subchapter A, Chapter 25, Education Code, is
56-3 amended by adding Section 25.0011 to read as follows:
56-4 Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For
56-5 purposes of Section 25.001, a person is not considered to reside in
56-6 a school district if:
56-7 (1) the person is incarcerated in a private juvenile
56-8 detention facility in the district as a result of the order of a
56-9 court in another state; and
56-10 (2) the person resided in another state or country
56-11 immediately before incarceration in the facility.
56-12 (b) A school district may provide educational services to a
56-13 person described by Subsection (a) if the district is fully
56-14 compensated for the cost of the services through payment of tuition
56-15 for the person by the operator of the juvenile detention facility
56-16 or other person having lawful control of the person in an amount
56-17 equal to the actual cost of educating the person.
56-18 (c) For purposes of this section, "private juvenile
56-19 detention facility" means a juvenile detention facility that is not
56-20 operated by a governmental entity.
56-21 SECTION 31. Section 576.025(a), Health and Safety Code, is
56-22 amended to read as follows:
56-23 (a) A person may not administer a psychoactive medication to
56-24 a patient receiving voluntary or involuntary mental health services
56-25 who refuses the administration unless:
56-26 (1) the patient is having a medication-related
56-27 emergency;
57-1 (2) the patient is younger than 16 years of age and
57-2 the patient's parent, managing conservator, or guardian consents to
57-3 the administration on behalf of the patient;
57-4 (3) the refusing patient's representative authorized
57-5 by law to consent on behalf of the patient has consented to the
57-6 administration;
57-7 (4) the administration of the medication regardless of
57-8 the patient's refusal is authorized by an order issued under
57-9 Section 574.106; or
57-10 (5) the patient is receiving court-ordered mental
57-11 health services authorized by an order issued under:
57-12 (A) Article 46.02 or 46.03, Code of Criminal
57-13 Procedure; or
57-14 (B) Chapter 55, Family Code.
57-15 SECTION 32. Section 61.077, Human Resources Code, is amended
57-16 by adding Subsections (c)-(f) to read as follows:
57-17 (c) If a child who is discharged from the commission under
57-18 Subsection (b) as a result of mental illness is not receiving
57-19 court-ordered mental health services, the child's discharge is
57-20 effective on the earlier of:
57-21 (1) the date the court enters an order regarding an
57-22 application for mental health services filed under Section
57-23 61.0772(b); or
57-24 (2) the 30th day after the date the application is
57-25 filed.
57-26 (d) If a child who is discharged from the commission under
57-27 Subsection (b) as a result of mental illness is receiving
58-1 court-ordered mental health services, the child's discharge from
58-2 the commission is effective immediately. If the child is receiving
58-3 mental health services outside the child's home county, the
58-4 commission shall notify the mental health authority located in that
58-5 county of the discharge not later than the 30th day after the date
58-6 that the child's discharge is effective.
58-7 (e) If a child who is discharged from the commission under
58-8 Subsection (b) as a result of mental retardation is not receiving
58-9 mental retardation services, the child's discharge is effective on
58-10 the earlier of:
58-11 (1) the date the court enters an order regarding an
58-12 application for mental retardation services filed under Section
58-13 61.0772(c); or
58-14 (2) the 30th day after the date that the application
58-15 is filed.
58-16 (f) If a child who is discharged from the commission under
58-17 Subsection (b) as a result of mental retardation is receiving
58-18 mental retardation services, the child's discharge from the
58-19 commission is effective immediately.
58-20 SECTION 33. Sections 61.0772(b) and (c), Human Resources
58-21 Code, are amended to read as follows:
58-22 (b) Before [Not later than the 30th day before the date] a
58-23 child who is identified as mentally ill is discharged from the
58-24 commission's custody under Section 61.077(b), a commission
58-25 psychiatrist shall examine the child. The commission [psychiatrist]
58-26 shall file a sworn application for court-ordered mental health
58-27 services, as provided in Subchapter C, Chapter 574, Health and
59-1 Safety Code, if:
59-2 (1) the child is not receiving court-ordered mental
59-3 health services; and
59-4 (2) the psychiatrist who examined the child determines
59-5 that the child is mentally ill and the child meets at least one of
59-6 the criteria listed in Section 574.034, Health and Safety Code.
59-7 (c) Before [Not later than the 30th day before the date] a
59-8 child who is identified as mentally retarded under Chapter 593,
59-9 Health and Safety Code, is discharged from the commission's custody
59-10 under Section 61.077(b), the commission shall refer the child for
59-11 [a determination of] mental retardation services if the child is
59-12 not receiving mental retardation services [and an interdisciplinary
59-13 team recommendation of the child, as provided by Chapter 593,
59-14 Health and Safety Code, to be performed at a facility approved or
59-15 operated by the Texas Department of Mental Health and Mental
59-16 Retardation or at a community center established in accordance with
59-17 Chapter 534, Health and Safety Code].
59-18 SECTION 34. Section 61.093(b), Human Resources Code, is
59-19 amended to read as follows:
59-20 (b) A child who is arrested or taken into custody under
59-21 Subsection (a) [of this section] may be detained in any suitable
59-22 place, including an adult jail facility if the person is 17 years
59-23 of age or older, until the child is returned to the custody of the
59-24 commission or transported to a commission facility.
59-25 SECTION 35. Sections 141.086(g), (h), (i), (j), and (k),
59-26 Human Resources Code, are amended to read as follows:
59-27 (g) For a facility constructed under this section, [the
60-1 following amounts may be appropriated:]
60-2 [(1) not more than 50 percent of the operating costs
60-3 of the facility during the 1997 fiscal year; and]
60-4 [(2)] not more than 25 percent of the operating costs
60-5 of the facility may be reimbursed by the commission [during each of
60-6 the 1998 and 1999 fiscal years].
60-7 (h) It is the intent of the legislature to appropriate the
60-8 full amount of money authorized under Subsection (g)[(2)].
60-9 (i) [On and after September 1, 1999, a facility constructed
60-10 under this section must be operated entirely by the county using
60-11 the facility.]
60-12 [(j)] The commission shall conduct an annual audit of the
60-13 operating costs for a fiscal year of a facility constructed under
60-14 this section for each fiscal year for which funds are appropriated
60-15 unless the county in which the facility is located has conducted an
60-16 annual audit [through fiscal year 1999]. The commission shall
60-17 submit a report on the results of its or the county's [the] audit
60-18 to the Legislative Budget Board and the governor not later than the
60-19 60th day after the last day of the fiscal year covered by the
60-20 audit.
60-21 (j) [(k)] In this section, "operating costs" means the
60-22 operating costs of a facility at an 80-percent occupancy rate.
60-23 SECTION 36. Section 729.001(c), Transportation Code, is
60-24 amended to read as follows:
60-25 (c) An offense under this section is punishable by the fine
60-26 or other sanction, other than confinement or imprisonment,
60-27 authorized by statute for violation of the traffic law listed under
61-1 Subsection (a) that is the basis of the prosecution under this
61-2 section [a Class C misdemeanor].
61-3 SECTION 37. Section 729.002(b), Transportation Code, is
61-4 amended to read as follows:
61-5 (b) An offense under this section is punishable in the same
61-6 manner as if the person was 17 years of age or older and operated a
61-7 motor vehicle without a license as described by Subsection (a),
61-8 except that an offense under this section is not punishable by
61-9 confinement or imprisonment [a Class C misdemeanor].
61-10 SECTION 38. Sections 141.0475 and 141.0476, Human Resources
61-11 Code, are repealed.
61-12 SECTION 39. (a) Except as provided otherwise by this
61-13 section, the change in law made by this Act applies only to conduct
61-14 that occurs on or after the effective date of this Act. Conduct
61-15 violating a penal law of the state occurs on or after the effective
61-16 date of this Act if every element of the violation occurs on or
61-17 after that date. Conduct that occurs before the effective date of
61-18 this Act is covered by the law in effect at the time the conduct
61-19 occurred, and the former law is continued in effect for that
61-20 purpose.
61-21 (b) The change in law made by Sections 16, 18, and 19 of
61-22 this Act applies to the dissemination or inspection of information
61-23 on or after the effective date of this Act without regard to
61-24 whether the information was compiled before, on, or after that
61-25 date.
61-26 (c) The change in law made by Section 26 of this Act applies
61-27 only to a report received by a local law enforcement agency or the
62-1 Texas Juvenile Probation Commission on or after the effective date
62-2 of this Act.
62-3 (d) The change in law made by Section 8 of this Act applies
62-4 to discretionary transfer proceedings in which the discretionary
62-5 transfer petition or motion was filed on after the effective date
62-6 of this Act.
62-7 SECTION 40. The change in law made by Section 25.0011,
62-8 Education Code, as added by this Act, applies beginning with the
62-9 1999-2000 school year.
62-10 SECTION 41. This Act takes effect September 1, 1999.
62-11 SECTION 42. The importance of this legislation and the
62-12 crowded condition of the calendars in both houses create an
62-13 emergency and an imperative public necessity that the
62-14 constitutional rule requiring bills to be read on three several
62-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3517 was passed by the House on May
6, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3517 on May 27, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3517 was passed by the Senate, with
amendments, on May 24, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor