76R11468 JMC-D
By Goodman H.B. No. 3517
Substitute the following for H.B. No. 3517:
By Morrison C.S.H.B. No. 3517
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the detention, adjudication, and disposition of certain
1-3 persons within the juvenile justice system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.095, Family Code, is amended by adding
1-6 Subsection (d) to read as follows:
1-7 (d) A juvenile law referee or master may perform the duties
1-8 imposed on a magistrate under this section without the approval of
1-9 the juvenile court if the juvenile board of the county in which the
1-10 statement of the child is made has authorized a referee or master
1-11 to perform the duties of a magistrate under this section.
1-12 SECTION 2. Section 51.12(h), Family Code, is amended to read
1-13 as follows:
1-14 (h) This section does not apply to a person:
1-15 (1) after transfer to criminal court for prosecution
1-16 under Section 54.02; or
1-17 (2) who is at least 17 [18] years of age and who has
1-18 been taken into custody after having:
1-19 (A) escaped from a juvenile facility operated by
1-20 or under contract with the Texas Youth Commission; or
1-21 (B) violated a condition [of probation or] of
1-22 release under supervision of the Texas Youth Commission.
1-23 SECTION 3. Section 51.17(c), Family Code, is amended to read
1-24 as follows:
2-1 (c) Except as otherwise provided by this title, the Texas
2-2 Rules of [Criminal] Evidence applicable to criminal cases and
2-3 Chapter 38, Code of Criminal Procedure, apply in a judicial
2-4 proceeding under this title.
2-5 SECTION 4. Chapter 51, Family Code, is amended by adding
2-6 Section 51.20 to read as follows:
2-7 Sec. 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any
2-8 stage of the proceedings under this title, the juvenile court may
2-9 order a child who is referred to the juvenile court or who is
2-10 alleged by a petition or found to have engaged in delinquent
2-11 conduct or conduct indicating a need for supervision to be examined
2-12 by an appropriate expert, including a physician, psychiatrist, or
2-13 psychologist.
2-14 (b) If, after conducting an examination of a child ordered
2-15 under Subsection (a) and reviewing any other relevant information,
2-16 there is reason to believe that the child has a mental illness or
2-17 mental retardation, the probation department shall refer the child
2-18 to the local mental health or mental retardation authority for
2-19 evaluation and services, unless the prosecuting attorney has filed
2-20 a petition under Section 53.04.
2-21 SECTION 5. Section 52.02(c), Family Code, is amended to read
2-22 as follows:
2-23 (c) A person who takes a child into custody and who has
2-24 reasonable grounds to believe that the child has been operating a
2-25 motor vehicle in a public place while having any detectable amount
2-26 of alcohol in the child's system may, before complying with
2-27 Subsection (a):
3-1 (1) take the child to a place to obtain a specimen of
3-2 the child's breath or blood as provided by Chapter 724,
3-3 Transportation Code; and
3-4 (2) perform intoxilyzer processing and videotaping of
3-5 the child in an adult processing office of a law enforcement agency
3-6 [police department].
3-7 SECTION 6. Chapter 53, Family Code, is amended by adding
3-8 Section 53.035 to read as follows:
3-9 Sec. 53.035. GRAND JURY REFERRAL. (a) The prosecuting
3-10 attorney may, before filing a petition under Section 53.04, refer
3-11 an offense to a grand jury in the county in which the offense is
3-12 alleged to have been committed.
3-13 (b) The grand jury has the same jurisdiction and powers to
3-14 investigate the facts and circumstances concerning an offense
3-15 referred to the grand jury under this section as it has to
3-16 investigate other criminal activity.
3-17 (c) If the grand jury votes to take no action on an offense
3-18 referred to the grand jury under this section, the prosecuting
3-19 attorney may not file a petition under Section 53.04 concerning the
3-20 offense unless the same or a successor grand jury approves the
3-21 filing of the petition.
3-22 (d) If the grand jury votes for approval of the prosecution
3-23 of an offense referred to the grand jury under this section, the
3-24 prosecuting attorney may file a petition under Section 53.04.
3-25 (e) The approval of the prosecution of an offense by a grand
3-26 jury under this section does not constitute approval of a petition
3-27 by a grand jury for purposes of Section 53.045.
4-1 SECTION 7. Section 54.01, Family Code, is amended by adding
4-2 Subsection (p) to read as follows:
4-3 (p) If a child has not been released under Section 53.02 or
4-4 this section and a petition has not been filed under Section 53.04
4-5 concerning the child, the court shall order the child released from
4-6 detention not later than:
4-7 (1) the 30th working day after the date the initial
4-8 detention hearing is held, if the child is alleged to have engaged
4-9 in conduct constituting a capital felony, an aggravated controlled
4-10 substance felony, or a felony of the first degree; or
4-11 (2) the 15th working day after the date the initial
4-12 detention hearing is held, if the child is alleged to have engaged
4-13 in conduct constituting an offense other than an offense listed in
4-14 Subdivision (1).
4-15 SECTION 8. Section 54.02, Family Code, is amended by
4-16 amending Subsections (h) and (j) and adding Subsections (o)-(r) to
4-17 read as follows:
4-18 (h) If the juvenile court waives jurisdiction, it shall
4-19 state specifically in the order its reasons for waiver and certify
4-20 its action, including the written order and findings of the court,
4-21 and shall transfer the person to the appropriate court for criminal
4-22 proceedings and cause the results of the diagnostic study of the
4-23 person ordered under Subsection (d), including psychological
4-24 information, to be transferred to the appropriate criminal
4-25 prosecutor. On transfer of the person for criminal proceedings,
4-26 the person shall be dealt with as an adult and in accordance with
4-27 the Code of Criminal Procedure. The transfer of custody is an
5-1 arrest.
5-2 (j) The juvenile court may waive its exclusive original
5-3 jurisdiction and transfer a person to the appropriate district
5-4 court or criminal district court for criminal proceedings if:
5-5 (1) the person is 18 years of age or older;
5-6 (2) the person was:
5-7 (A) 10 years of age or older and under 17 years
5-8 of age at the time the person is alleged to have committed a
5-9 capital felony or an offense under Section 19.02, Penal Code;
5-10 (B) 14 years of age or older and under 17 years
5-11 of age at the time the person [he] is alleged to have committed [a
5-12 capital felony,] an aggravated controlled substance felony[,] or a
5-13 felony of the first degree other than an offense under Section
5-14 19.02, Penal Code; or
5-15 (C) [(B)] 15 years of age or older and under 17
5-16 years of age at the time the person is alleged to have committed a
5-17 felony of the second or third degree or a state jail felony;
5-18 (3) no adjudication concerning the alleged offense has
5-19 been made or no adjudication hearing concerning the offense has
5-20 been conducted;
5-21 (4) the juvenile court finds from a preponderance of
5-22 the evidence that:
5-23 (A) for a reason beyond the control of the state
5-24 it was not practicable to proceed in juvenile court before the 18th
5-25 birthday of the person; or
5-26 (B) after due diligence of the state it was not
5-27 practicable to proceed in juvenile court before the 18th birthday
6-1 of the person because:
6-2 (i) the state did not have probable cause
6-3 to proceed in juvenile court and new evidence has been found since
6-4 the 18th birthday of the person;
6-5 (ii) the person could not be found; or
6-6 (iii) a previous transfer order was
6-7 reversed by an appellate court or set aside by a district court;
6-8 and
6-9 (5) the juvenile court determines that there is
6-10 probable cause to believe that the child before the court committed
6-11 the offense alleged.
6-12 (o) If a respondent is taken into custody for possible
6-13 discretionary transfer proceedings under Subsection (j), the
6-14 juvenile court shall hold a detention hearing in the same manner as
6-15 provided by Section 54.01, except that the court shall order the
6-16 respondent released unless it finds that the respondent:
6-17 (1) is likely to abscond or be removed from the
6-18 jurisdiction of the court;
6-19 (2) may be dangerous to himself or herself or may
6-20 threaten the safety of the public if released; or
6-21 (3) has previously been found to be a delinquent child
6-22 or has previously been convicted of a penal offense punishable by a
6-23 term of jail or prison and is likely to commit an offense if
6-24 released.
6-25 (p) If the juvenile court does not order a respondent
6-26 released under Subsection (o), the court shall, pending the
6-27 conclusion of the discretionary transfer hearing, order that the
7-1 respondent be detained in:
7-2 (1) a certified juvenile detention facility as
7-3 provided by Subsection (q); or
7-4 (2) an appropriate county facility for the detention
7-5 of adults accused of criminal offenses.
7-6 (q) The detention of a respondent in a certified juvenile
7-7 detention facility must comply with the detention requirements
7-8 under this title, except that, to the extent practicable, the
7-9 person shall be kept separate from children detained in the same
7-10 facility.
7-11 (r) If the juvenile court orders a respondent detained in a
7-12 county facility under Subsection (p), the county sheriff shall take
7-13 custody of the respondent under the juvenile court's order. The
7-14 juvenile court shall set or deny bond for the respondent as
7-15 required by the Code of Criminal Procedure and other law applicable
7-16 to the pretrial detention of adults accused of criminal offenses.
7-17 SECTION 9. Sections 54.03(d) and (f), Family Code, are
7-18 amended to read as follows:
7-19 (d) Except as provided by Section 54.031 [of this chapter],
7-20 only material, relevant, and competent evidence in accordance with
7-21 the Texas Rules of [Criminal] Evidence applicable to criminal cases
7-22 and Chapter 38, Code of Criminal Procedure, may be considered in
7-23 the adjudication hearing. Except in a detention or discretionary
7-24 transfer hearing, a social history report or social service file
7-25 shall not be viewed by the court before the adjudication decision
7-26 and shall not be viewed by the jury at any time.
7-27 (f) At the conclusion of the adjudication hearing, the court
8-1 or jury shall find whether or not the child has engaged in
8-2 delinquent conduct or conduct indicating a need for supervision.
8-3 The finding must be based on competent evidence admitted at the
8-4 hearing. The child shall be presumed to be innocent of the charges
8-5 against the child [him] and no finding that a child has engaged in
8-6 delinquent conduct or conduct indicating a need for supervision may
8-7 be returned unless the state has proved such beyond a reasonable
8-8 doubt. In all jury cases the jury will be instructed that the
8-9 burden is on the state to prove that a child has engaged in
8-10 delinquent conduct or is in need of supervision beyond a reasonable
8-11 doubt. A child may be adjudicated as having engaged in conduct
8-12 constituting a lesser included offense as provided by Articles
8-13 37.08 and 37.09, Code of Criminal Procedure.
8-14 SECTION 10. Section 54.10(a), Family Code, is amended to
8-15 read as follows:
8-16 (a) Except as provided by Subsection (c) [of this section],
8-17 a [the] hearing under Section [provided in Sections 54.01,] 54.03,
8-18 54.04, or [and] 54.05, including a jury trial, a hearing under
8-19 Chapter 55, including a jury trial, or a [of this code and the]
8-20 hearing under [provided in] Article IV, Article V, and Article VI
8-21 of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
8-22 this code]) may be held by a referee appointed in accordance with
8-23 Section 51.04(g) or a master appointed under Chapter 54, Government
8-24 Code, [of this code] provided:
8-25 (1) the parties have been informed by the referee or
8-26 master that they are entitled to have the hearing before the
8-27 juvenile court judge [or in the case of a detention hearing
9-1 provided for in Section 54.01 of this code, a substitute judge as
9-2 authorized by Section 51.04(f) of this code]; and [or]
9-3 (2) after each party is given an opportunity to
9-4 object, no party objects to holding the hearing before the referee
9-5 or master [the child and the attorney for the child have in
9-6 accordance with the requirements of Section 51.09 of this code
9-7 waived the right to have the hearing before the juvenile court
9-8 judge or substitute judge].
9-9 SECTION 11. Chapter 55, Family Code, is amended to read as
9-10 follows:
9-11 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
9-12 WITH MENTAL ILLNESS OR MENTAL RETARDATION
9-13 SUBCHAPTER A. GENERAL PROVISIONS
9-14 Sec. 55.01. MEANING OF "HAVING A MENTAL ILLNESS." For
9-15 purposes of this chapter, a child who is described as having a
9-16 mental illness means a child who suffers from mental illness as
9-17 defined by Section 571.003, Health and Safety Code [PHYSICAL OR
9-18 MENTAL EXAMINATION. (a) At any stage of the proceedings under
9-19 this title, the juvenile court may order a child alleged by
9-20 petition or found to have engaged in delinquent conduct or conduct
9-21 indicating a need for supervision to be examined by appropriate
9-22 experts, including a physician, psychiatrist, or psychologist.]
9-23 [(b) If an examination ordered under Subsection (a) of this
9-24 section is to determine whether the child is mentally retarded, the
9-25 examination must consist of a determination of mental retardation
9-26 and an interdisciplinary team recommendation, as provided by
9-27 Chapter 593, Health and Safety Code, and shall be conducted at a
10-1 facility approved or operated by the Texas Department of Mental
10-2 Health and Mental Retardation or at a community center established
10-3 in accordance with Chapter 534, Health and Safety Code].
10-4 Sec. 55.02. MENTAL HEALTH AND MENTAL RETARDATION
10-5 JURISDICTION. For the purpose of initiating proceedings to order
10-6 mental health or mental retardation services for a child or for
10-7 commitment of a child as provided by this chapter, the juvenile
10-8 court has jurisdiction of proceedings under Subtitle C or D, Title
10-9 7, Health and Safety Code.
10-10 Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by
10-11 this chapter, a child for whom inpatient mental health services is
10-12 ordered by a court under this chapter shall be cared for as
10-13 provided by Subtitle C, Title 7, Health and Safety Code.
10-14 (b) Except as provided by this chapter, a child who is
10-15 committed by a court to a residential care facility for mental
10-16 retardation shall be cared for as provided by Subtitle D, Title 7,
10-17 Health and Safety Code.
10-18 (Sections 55.04-55.10 reserved for expansion)
10-19 SUBCHAPTER B. CHILD WITH MENTAL ILLNESS
10-20 Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION. (a)
10-21 On a motion by a party, the juvenile court shall determine whether
10-22 probable cause exists to believe that a child who is alleged by
10-23 petition or found to have engaged in delinquent conduct or conduct
10-24 indicating a need for supervision has a mental illness. In making
10-25 its determination, the court may:
10-26 (1) consider the motion, supporting documents,
10-27 professional statements of counsel, and witness testimony; and
11-1 (2) make its own observation of the child.
11-2 (b) If the court determines that probable cause exists to
11-3 believe that the child has a mental illness, the court shall
11-4 temporarily stay the juvenile court proceedings and immediately
11-5 order the child to be examined under Section 51.20. The
11-6 information obtained from the examination must include expert
11-7 opinion as to whether the child has a mental illness and whether
11-8 the child meets the commitment criteria under Subtitle C, Title 7,
11-9 Health and Safety Code. If ordered by the court, the information
11-10 must also include expert opinion as to whether the child is unfit
11-11 to proceed with the juvenile court proceedings.
11-12 (c) After considering all relevant information, including
11-13 information obtained from an examination under Section 51.20, the
11-14 court shall:
11-15 (1) if the court determines that evidence exists to
11-16 support a finding that the child has a mental illness and that the
11-17 child meets the commitment criteria under Subtitle C, Title 7,
11-18 Health and Safety Code, proceed under Section 55.12; or
11-19 (2) if the court determines that evidence does not
11-20 exist to support a finding that the child has a mental illness or
11-21 that the child meets the commitment criteria under Subtitle C,
11-22 Title 7, Health and Safety Code, dissolve the stay and continue the
11-23 juvenile court proceedings.
11-24 Sec. 55.12 [55.02]. INITIATION OF COMMITMENT PROCEEDINGS
11-25 [CHILD WITH MENTAL ILLNESS]. If, after considering all relevant
11-26 information, the juvenile court determines that evidence exists to
11-27 support a finding that a child has a mental illness and that the
12-1 child meets the commitment criteria under Subtitle C, Title 7,
12-2 Health and Safety Code, the [(a) The] court shall:
12-3 (1) initiate proceedings as provided by Section 55.13
12-4 to order temporary or extended mental health services, as provided
12-5 in Subchapter C, Chapter 574, Health and Safety Code[, for a child
12-6 alleged or found to have engaged in delinquent conduct or conduct
12-7 indicating a need for supervision, if:]
12-8 [(1) on motion by a party or the court it is alleged
12-9 that the child is mentally ill]; or
12-10 (2) refer the child's case as provided by Section
12-11 55.14 to the appropriate court for the initiation of proceedings in
12-12 that court for commitment of the child under Subchapter C, Chapter
12-13 574, Health and Safety Code.
12-14 Sec. 55.13. COMMITMENT PROCEEDINGS IN JUVENILE COURT. (a)
12-15 If the juvenile court initiates proceedings for temporary or
12-16 extended mental health services under Section 55.12(1), the
12-17 prosecuting attorney or the attorney for the child may file with
12-18 the juvenile court an application for court-ordered mental health
12-19 services under Section 574.001, Health and Safety Code. The
12-20 juvenile court shall:
12-21 (1) set a date for a hearing and provide notice as
12-22 required by Sections 574.005 and 574.006, Health and Safety Code;
12-23 and
12-24 (2) conduct the hearing in accordance with Subchapter
12-25 C, Chapter 574, Health and Safety Code.
12-26 (b) The burden of proof at the hearing is on the party who
12-27 filed the application.
13-1 (c) The juvenile court shall appoint the number of
13-2 physicians necessary to examine the child and to complete the
13-3 certificates of medical examination for mental illness required
13-4 under Section 574.009, Health and Safety Code.
13-5 (d) After conducting a hearing on an application under this
13-6 section, the juvenile court shall:
13-7 (1) if the criteria under Section 574.034, Health and
13-8 Safety Code, are satisfied, order temporary mental health services
13-9 for the child; or
13-10 (2) if the criteria under Section 574.035, Health and
13-11 Safety Code, are satisfied, order extended mental health services
13-12 for the child.
13-13 Sec. 55.14. REFERRAL FOR COMMITMENT PROCEEDINGS. (a) If
13-14 the juvenile court refers the child's case to the appropriate court
13-15 for the initiation of commitment proceedings under Section
13-16 55.12(2), the juvenile court shall:
13-17 (1) send all papers relating to the child's mental
13-18 illness to the clerk of the court to which the case is referred;
13-19 (2) send to the office of the appropriate county
13-20 attorney or, if a county attorney is not available, to the office
13-21 of the appropriate district attorney, copies of all papers sent to
13-22 the clerk of the court under Subdivision (1); and
13-23 (3) if the child is in detention:
13-24 (A) order the child released from detention to
13-25 the child's home or another appropriate place;
13-26 (B) order the child detained in an appropriate
13-27 place other than a juvenile detention facility; or
14-1 (C) if an appropriate place to release or detain
14-2 the child as described by Paragraph (A) or (B) is not available,
14-3 order the child to remain in the juvenile detention facility
14-4 subject to further detention orders of the court.
14-5 (b) The papers sent to the clerk of a court under Subsection
14-6 (a)(1) constitute an application for mental health services under
14-7 Section 574.001, Health and Safety Code.
14-8 Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
14-9 MENTAL HEALTH SERVICES. [a child is found or alleged to be unfit
14-10 to proceed as a result of mental illness under Section 55.04 of
14-11 this chapter or is found not responsible for the child's conduct as
14-12 a result of mental illness under Section 55.05 of this chapter.]
14-13 [(b) Subtitle C, Title 7, Health and Safety Code, governs
14-14 proceedings for court-ordered mental health services except that
14-15 the juvenile court shall conduct the proceedings whether or not the
14-16 juvenile court is also a county court.]
14-17 [(c)] If the juvenile court or a court to which the child's
14-18 case is referred under Section 55.12(2) orders mental health
14-19 services for the child, the child shall be cared for, treated, and
14-20 released in conformity to Subtitle C, Title 7, Health and Safety
14-21 Code, except:
14-22 (1) a [juvenile] court order for mental health
14-23 services for [of] a child automatically expires on the 120th day
14-24 after the date the child becomes 18 years of age; and
14-25 (2) the administrator of a mental health facility
14-26 shall notify, in writing, by certified mail, return receipt
14-27 requested, the juvenile court that ordered mental health services
15-1 or the juvenile court that referred the case to a court that
15-2 ordered the mental health services of the intent to discharge the
15-3 child at least 10 days prior to discharge.
15-4 Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
15-5 PROCEEDINGS. (a) If the court to which the child's case is
15-6 referred under Section 55.12(2) orders temporary or extended
15-7 inpatient mental health services for the child, the court shall
15-8 immediately notify in writing the referring juvenile court of the
15-9 court's order for mental health services.
15-10 (b) [(d)] If the juvenile court orders temporary or extended
15-11 inpatient mental health services for the child or if the juvenile
15-12 court receives notice under Subsection (a) from the court to which
15-13 the child's case is referred, the proceedings under this title then
15-14 pending in juvenile court shall be stayed.
15-15 Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
15-16 OF STAY. (a) If the court to which a child's case is referred
15-17 under Section 55.12(2) does not order temporary or extended
15-18 inpatient mental health services for the child, the court shall
15-19 immediately notify in writing the referring juvenile court of the
15-20 court's decision.
15-21 (b) If the juvenile court does not order temporary or
15-22 extended inpatient mental health services for the child or if the
15-23 juvenile court receives notice under Subsection (a) from the court
15-24 to which the child's case is referred, the juvenile court shall
15-25 dissolve the stay and continue the juvenile court proceedings.
15-26 Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
15-27 REACHING 18 YEARS OF AGE. [(e)] If the child is discharged from
16-1 the mental health facility before reaching 18 years of age, the
16-2 juvenile court may:
16-3 (1) dismiss the juvenile court proceedings with
16-4 prejudice; or
16-5 (2) continue with proceedings under this title as
16-6 though no order of mental health services had been made.
16-7 Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
16-8 (a) [(f)] The juvenile court shall transfer all pending proceedings
16-9 from the juvenile court to a criminal court on the 18th birthday of
16-10 a child for whom the juvenile court or a court to which the child's
16-11 case is referred under Section 55.12(2) has ordered inpatient
16-12 mental health services [under this section] if:
16-13 (1) the child is not discharged or furloughed from the
16-14 inpatient mental health [residential care] facility before reaching
16-15 18 years of age; and
16-16 (2) the child is alleged to have engaged in delinquent
16-17 conduct that included a violation of a penal law listed in Section
16-18 53.045 and no adjudication concerning the alleged conduct has been
16-19 made.
16-20 (b) [(g)] The juvenile court shall send notification of the
16-21 transfer of a child under Subsection (a) [(f)] to the inpatient
16-22 mental health [residential care] facility. The criminal court
16-23 shall, within 90 days of the transfer, institute proceedings under
16-24 Article 46.02, Code of Criminal Procedure. If those or any
16-25 subsequent proceedings result in a determination that the defendant
16-26 is competent to stand trial, the defendant may not receive a
16-27 punishment for the delinquent conduct described by Subsection
17-1 (a)(2) [(f)(2)] that results in confinement for a period longer
17-2 than the maximum period of confinement the defendant could have
17-3 received if the defendant had been adjudicated for the delinquent
17-4 conduct while still a child and within the jurisdiction of the
17-5 juvenile court.
17-6 (Sections 55.20-55.30 reserved for expansion)
17-7 SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF
17-8 MENTAL ILLNESS OR MENTAL RETARDATION
17-9 [Sec. 55.03. CHILD WITH MENTAL RETARDATION. (a) If a child
17-10 is found or alleged to be unfit to proceed as a result of mental
17-11 retardation under Section 55.04 or is found not responsible for the
17-12 child's conduct as a result of mental retardation under Section
17-13 55.05, the court shall order a determination of mental retardation
17-14 and an interdisciplinary team recommendation of the child, as
17-15 provided by Chapter 593, Health and Safety Code, to be performed at
17-16 a facility approved or operated by the Texas Department of Mental
17-17 Health and Mental Retardation or at a community center established
17-18 in accordance with Chapter 534, Health and Safety Code.]
17-19 [(b) A child alleged or found to have engaged in delinquent
17-20 conduct or conduct indicating a need for supervision may be
17-21 committed to a residential care facility if:]
17-22 [(1) the child is found unfit to proceed as a result
17-23 of mental retardation under Section 55.04 of this chapter or is
17-24 found not responsible for the child's conduct as a result of mental
17-25 retardation under Section 55.05 of this chapter; and]
17-26 [(2) the child meets the criteria for commitment as
17-27 provided in Subchapter C, Chapter 593, Health and Safety Code.]
18-1 [(c) Subtitle D, Title 7, Health and Safety Code, governs
18-2 proceedings for commitment of a child under this section except
18-3 that:]
18-4 [(1) the juvenile court shall conduct the proceedings
18-5 whether or not the juvenile court is also a county court; and]
18-6 [(2) on receipt of the court's order entering the
18-7 findings required by Subtitle D, Title 7, Health and Safety Code,
18-8 and Subsection (b)(1) of this section, the Texas Department of
18-9 Mental Health and Mental Retardation or the appropriate community
18-10 center shall admit the child to a residential care facility.]
18-11 [(d) If the juvenile court enters an order committing the
18-12 child to a residential care facility, the child shall be cared for,
18-13 treated, and released in conformity to Subtitle D, Title 7, Health
18-14 and Safety Code, except that the administrator of the residential
18-15 care facility shall notify, in writing, the juvenile court that
18-16 ordered commitment of the child of the intent to discharge the
18-17 child from the residential care facility or to furlough the child
18-18 to an alternative placement at least 20 days prior to the date of
18-19 the discharge or furlough.]
18-20 [(e) If the juvenile court orders commitment of a child to a
18-21 residential care facility, the proceedings under this title then
18-22 pending in juvenile court shall be stayed.]
18-23 [(f) If the child committed to a residential care facility
18-24 is discharged or furloughed from the residential care facility as
18-25 provided by Subsection (d) of this section and in accordance with
18-26 Subtitle D, Title 7, Health and Safety Code, before reaching 18
18-27 years of age, the juvenile court may:]
19-1 [(1) dismiss the juvenile court proceedings with
19-2 prejudice; or]
19-3 [(2) continue with proceedings under this title as
19-4 though no order of commitment had been made.]
19-5 [(g) The juvenile court shall transfer all pending
19-6 proceedings from the juvenile court to a criminal court on the 18th
19-7 birthday of a child committed to a residential care facility if:]
19-8 [(1) the child is not discharged or furloughed from
19-9 the residential care facility before reaching 18 years of age; and]
19-10 [(2) the child is alleged to have engaged in
19-11 delinquent conduct that included a violation of a penal law listed
19-12 in Section 53.045.]
19-13 [(h) The juvenile court shall send notification of the
19-14 transfer of a child under Subsection (g) to the residential care
19-15 facility. The criminal court shall, within 90 days of the
19-16 transfer, institute proceedings under Article 46.02, Code of
19-17 Criminal Procedure. If those or any subsequent proceedings result
19-18 in a determination that the defendant is competent to stand trial,
19-19 the defendant may not receive a punishment for the delinquent
19-20 conduct described by Subsection (g)(2) that results in confinement
19-21 for a period longer than the maximum period of confinement the
19-22 defendant could have received if the defendant had been adjudicated
19-23 for the delinquent conduct while still a child and within the
19-24 jurisdiction of the juvenile court.]
19-25 Sec. 55.31 [55.04]. UNFITNESS TO PROCEED DETERMINATION;
19-26 EXAMINATION. (a) A child alleged by petition or found to have
19-27 engaged in delinquent conduct or conduct indicating a need for
20-1 supervision who as a result of mental illness or mental retardation
20-2 lacks capacity to understand the proceedings in juvenile court or
20-3 to assist in the child's [his] own defense is unfit to proceed and
20-4 shall not be subjected to discretionary transfer to criminal court,
20-5 adjudication, disposition, or modification of disposition as long
20-6 as such incapacity endures.
20-7 (b) On a [If on] motion by a party, the juvenile court shall
20-8 determine whether probable cause exists to believe that a child who
20-9 is alleged by petition or who is found to have engaged in
20-10 delinquent conduct or conduct indicating a need for supervision is
20-11 [or the court it is alleged that a child may be] unfit to proceed
20-12 as a result of mental illness or mental retardation[, the court
20-13 shall order appropriate examinations as provided by Section 55.01
20-14 of this chapter]. In making its determination, the court may:
20-15 (1) consider the motion, supporting documents,
20-16 professional statements of counsel, and witness testimony; and
20-17 (2) make its own observation of the child.
20-18 (c) If the court determines that probable cause exists to
20-19 believe that the child is unfit to proceed, the court shall
20-20 temporarily stay the juvenile court proceedings and immediately
20-21 order the child to be examined under Section 51.20. The
20-22 information obtained from the examination [examinations] must
20-23 include expert opinion as to whether the child is unfit to proceed
20-24 as a result of mental illness or mental retardation.
20-25 (d) After considering all relevant information, including
20-26 information obtained from an examination under Section 51.20, the
20-27 court shall:
21-1 (1) if the court determines that evidence exists to
21-2 support a finding that the child is unfit to proceed, proceed under
21-3 Section 55.32; or
21-4 (2) if the court determines that evidence does not
21-5 exist to support a finding that the child is unfit to proceed,
21-6 dissolve the stay and continue the juvenile court proceedings.
21-7 Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If
21-8 the juvenile court determines that evidence exists to support a
21-9 finding that a child is unfit to proceed as a result of mental
21-10 illness or mental retardation, the court shall set the case for a
21-11 hearing on that issue.
21-12 (b) [(c)] The issue of [court or jury shall determine]
21-13 whether the child is unfit to proceed as a result of mental illness
21-14 or mental retardation shall be determined at a hearing separate
21-15 from any other [the adjudication] hearing.
21-16 (c) The court shall determine the issue of whether the child
21-17 is unfit to proceed unless the child or the attorney for the child
21-18 demands a jury before the 10th day before the date of the hearing.
21-19 (d) Unfitness to proceed as a result of mental illness or
21-20 mental retardation must be proved by a preponderance of the
21-21 evidence.
21-22 (e) If the court or jury determines that the child is fit to
21-23 proceed, the juvenile court shall continue with proceedings under
21-24 this title as though no question of fitness to proceed had been
21-25 raised.
21-26 (f) If the court or jury determines that the child is unfit
21-27 to proceed as a result of mental illness or mental retardation, the
22-1 court shall:
22-2 (1) stay the juvenile court proceedings for as long as
22-3 that incapacity endures; and
22-4 (2) proceed under Section 55.33 [initiate proceedings
22-5 under Section 55.02 or Section 55.03 of this chapter].
22-6 (g) [A proceeding to determine fitness to proceed may be
22-7 joined with proceedings under Sections 55.02 and 55.03 of this
22-8 chapter.]
22-9 [(h)] The fact that the child is unfit to proceed as a
22-10 result of mental illness or mental retardation does not preclude
22-11 any legal objection to the juvenile court proceedings which is
22-12 susceptible of fair determination prior to the adjudication hearing
22-13 and without the personal participation of the child.
22-14 Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
22-15 PROCEED. (a) If the juvenile court or jury determines under
22-16 Section 55.32 that a child is unfit to proceed with the juvenile
22-17 court proceedings for delinquent conduct, the court shall:
22-18 (1) if the unfitness to proceed is a result of mental
22-19 illness or mental retardation:
22-20 (A) order the child placed with the Texas
22-21 Department of Mental Health and Mental Retardation for a period of
22-22 not more than 90 days, which order may not specify a shorter
22-23 period, for placement in a facility designated by the department;
22-24 or
22-25 (B) on application by the child's parent,
22-26 guardian, or guardian ad litem, order the child placed in a private
22-27 psychiatric inpatient facility for a period of not more than 90
23-1 days, which order may not specify a shorter period, but only if the
23-2 placement is agreed to in writing by the administrator of the
23-3 facility; or
23-4 (2) if the unfitness to proceed is a result of mental
23-5 illness and the court determines that the child may be adequately
23-6 treated in an alternative setting, order the child to receive
23-7 treatment for mental illness on an outpatient basis for a period of
23-8 not more than 90 days, which order may not specify a shorter
23-9 period.
23-10 (b) If the court orders a child placed in a private
23-11 psychiatric inpatient facility under Subsection (a)(1)(B), the
23-12 state or a political subdivision of the state is not required to
23-13 pay any costs associated with the child's placement.
23-14 Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY. (a) If
23-15 the court issues a placement order under Section 55.33(a)(1), the
23-16 court shall order the probation department or sheriff's department
23-17 to transport the child to the designated facility.
23-18 (b) On receipt of a report from a facility to which a child
23-19 has been transported under Subsection (a), the court shall order
23-20 the probation department or sheriff's department to transport the
23-21 child from the facility to the court. If the child is not
23-22 transported to the court before the 11th day after the date of the
23-23 court's order, an authorized representative of the facility shall
23-24 transport the child from the facility to the court.
23-25 (c) The county in which the juvenile court is located shall
23-26 reimburse the facility for the costs incurred in transporting the
23-27 child to the juvenile court as required by Subsection (b).
24-1 Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY;
24-2 REPORT TO COURT. (a) If the juvenile court issues a placement
24-3 order under Section 55.33(a), the court shall order the probation
24-4 department to send copies of any information in the possession of
24-5 the department and relevant to the issue of the child's mental
24-6 illness or mental retardation to the public or private facility or
24-7 outpatient center, as appropriate.
24-8 (b) Not later than the 75th day after the date the court
24-9 issues a placement order under Section 55.33(a), the public or
24-10 private facility or outpatient center, as appropriate, shall submit
24-11 to the court a report that:
24-12 (1) describes the treatment of the child provided by
24-13 the facility or center; and
24-14 (2) states the opinion of the director of the facility
24-15 or center as to whether the child is fit or unfit to proceed.
24-16 (c) The court shall provide a copy of the report submitted
24-17 under Subsection (b) to the prosecuting attorney and the attorney
24-18 for the child.
24-19 Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
24-20 OBJECTION. (a) If a report submitted under Section 55.35(b)
24-21 states that a child is fit to proceed, the juvenile court shall
24-22 find that the child is fit to proceed unless the child's attorney
24-23 objects in writing or in open court not later than the second day
24-24 after the date the attorney receives a copy of the report under
24-25 Section 55.35(c).
24-26 (b) On objection by the child's attorney under Subsection
24-27 (a), the juvenile court shall promptly hold a hearing to determine
25-1 whether the child is fit to proceed, except that the hearing may be
25-2 held after the date that the placement order issued under Section
25-3 55.33(a) expires. At the hearing, the court shall determine the
25-4 issue of the fitness of the child to proceed unless the child or
25-5 the child's attorney demands in writing a jury before the 10th day
25-6 before the date of the hearing.
25-7 (c) If, after a hearing, the court or jury finds that the
25-8 child is fit to proceed, the court shall dissolve the stay and
25-9 continue the juvenile court proceedings as though a question of
25-10 fitness to proceed had not been raised.
25-11 (d) If, after a hearing, the court or jury finds that the
25-12 child is unfit to proceed, the court shall proceed under Section
25-13 55.37.
25-14 Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
25-15 RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS. If
25-16 a report submitted under Section 55.35(b) states that a child is
25-17 unfit to proceed as a result of mental illness and that the child
25-18 meets the commitment criteria for civil commitment under Subtitle
25-19 C, Title 7, Health and Safety Code, the director of the public or
25-20 private facility or outpatient center, as appropriate, shall submit
25-21 to the court two certificates of medical examination for mental
25-22 illness. On receipt of the certificates, the court shall:
25-23 (1) initiate proceedings as provided by Section 55.38
25-24 in the juvenile court for commitment of the child under Subtitle C,
25-25 Title 7, Health and Safety Code; or
25-26 (2) refer the child's case as provided by Section
25-27 55.39 to the appropriate court for the initiation of proceedings in
26-1 that court for commitment of the child under Subtitle C, Title 7,
26-2 Health and Safety Code.
26-3 Sec. 55.38. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
26-4 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
26-5 proceedings under Section 55.37(1), the prosecuting attorney may
26-6 file with the juvenile court an application for court-ordered
26-7 mental health services under Section 574.001, Health and Safety
26-8 Code. The juvenile court shall:
26-9 (1) set a date for a hearing and provide notice as
26-10 required by Sections 574.005 and 574.006, Health and Safety Code;
26-11 and
26-12 (2) conduct the hearing in accordance with Subchapter
26-13 C, Chapter 574, Health and Safety Code.
26-14 (b) After conducting a hearing under Subsection (a)(2), the
26-15 juvenile court shall:
26-16 (1) if the criteria under Section 574.034, Health and
26-17 Safety Code, are satisfied, order temporary mental health services;
26-18 or
26-19 (2) if the criteria under Section 574.035, Health and
26-20 Safety Code, are satisfied, order extended mental health services.
26-21 Sec. 55.39. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
26-22 ILLNESS. (a) If the juvenile court refers the child's case to an
26-23 appropriate court for the initiation of commitment proceedings
26-24 under Section 55.37(2), the juvenile court shall:
26-25 (1) send all papers relating to the child's unfitness
26-26 to proceed, including the verdict and judgment of the juvenile
26-27 court finding the child unfit to proceed, to the clerk of the court
27-1 to which the case is referred;
27-2 (2) send to the office of the appropriate county
27-3 attorney or, if a county attorney is not available, to the office
27-4 of the appropriate district attorney, copies of all papers sent to
27-5 the clerk of the court under Subdivision (1); and
27-6 (3) if the child is in detention:
27-7 (A) order the child released from detention to
27-8 the child's home or another appropriate place;
27-9 (B) order the child detained in an appropriate
27-10 place other than a juvenile detention facility; or
27-11 (C) if an appropriate place to release or detain
27-12 the child as described by Paragraph (A) or (B) is not available,
27-13 order the child to remain in the juvenile detention facility
27-14 subject to further detention orders of the court.
27-15 (b) The papers sent to a court under Subsection (a)(1)
27-16 constitute an application for mental health services under Section
27-17 574.001, Health and Safety Code.
27-18 Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
27-19 RESULT OF MENTAL RETARDATION. If a report submitted under Section
27-20 55.35(b) states that a child is unfit to proceed as a result of
27-21 mental retardation and that the child meets the commitment criteria
27-22 for civil commitment under Subtitle D, Title 7, Health and Safety
27-23 Code, the director of the residential care facility shall submit to
27-24 the court an affidavit stating the conclusions reached as a result
27-25 of the diagnosis. On receipt of the affidavit, the court shall:
27-26 (1) initiate proceedings as provided by Section 55.41
27-27 in the juvenile court for commitment of the child under Subtitle D,
28-1 Title 7, Health and Safety Code; or
28-2 (2) refer the child's case as provided by Section
28-3 55.42 to the appropriate court for the initiation of proceedings in
28-4 that court for commitment of the child under Subtitle D, Title 7,
28-5 Health and Safety Code.
28-6 Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
28-7 MENTAL RETARDATION. (a) If the juvenile court initiates
28-8 commitment proceedings under Section 55.40(1), the prosecuting
28-9 attorney may file with the juvenile court an application for
28-10 placement under Section 593.041, Health and Safety Code. The
28-11 juvenile court shall:
28-12 (1) set a date for a hearing and provide notice as
28-13 required by Sections 593.047 and 593.048, Health and Safety Code;
28-14 and
28-15 (2) conduct the hearing in accordance with Sections
28-16 593.049-593.056, Health and Safety Code.
28-17 (b) After conducting a hearing under Subsection (a)(2), the
28-18 juvenile court may order commitment of the child to a residential
28-19 care facility if the commitment criteria under Section 593.052,
28-20 Health and Safety Code, are satisfied.
28-21 Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
28-22 RETARDATION. (a) If the juvenile court refers the child's case to
28-23 an appropriate court for the initiation of commitment proceedings
28-24 under Section 55.40(2), the juvenile court shall:
28-25 (1) send all papers relating to the child's mental
28-26 retardation to the clerk of the court to which the case is
28-27 referred;
29-1 (2) send to the office of the appropriate county
29-2 attorney or, if a county attorney is not available, to the office
29-3 of the appropriate district attorney, copies of all papers sent to
29-4 the clerk of the court under Subdivision (1); and
29-5 (3) if the child is in detention:
29-6 (A) order the child released from detention to
29-7 the child's home or another appropriate place;
29-8 (B) order the child detained in an appropriate
29-9 place other than a juvenile detention facility; or
29-10 (C) if an appropriate place to release or detain
29-11 the child as described by Paragraph (A) or (B) is not available,
29-12 order the child to remain in the juvenile detention facility
29-13 subject to further detention orders of the court.
29-14 (b) The papers sent to a court under Subsection (a)(1)
29-15 constitute an application for placement under Section 593.041,
29-16 Health and Safety Code.
29-17 Sec. 55.43. RESTORATION HEARING. (a) The prosecuting
29-18 attorney may file with the juvenile court a motion for a
29-19 restoration hearing concerning a child if:
29-20 (1) the child is found unfit to proceed as a result of
29-21 mental illness or mental retardation; and
29-22 (2) the child:
29-23 (A) is not:
29-24 (i) ordered by a court to receive
29-25 inpatient mental health services;
29-26 (ii) committed by a court to a residential
29-27 care facility; or
30-1 (iii) ordered by a court to receive
30-2 treatment on an outpatient basis; or
30-3 (B) is discharged or furloughed from a mental
30-4 health facility or outpatient center before the child reaches 18
30-5 years of age.
30-6 (b) At the restoration hearing, the court shall determine
30-7 the issue of whether the child is fit to proceed.
30-8 (c) The restoration hearing shall be conducted without a
30-9 jury.
30-10 (d) The issue of fitness to proceed must be proved by a
30-11 preponderance of the evidence.
30-12 (e) If, after a hearing, the court finds that the child is
30-13 fit to proceed, the court shall continue the juvenile court
30-14 proceedings.
30-15 (f) If, after a hearing, the court finds that the child is
30-16 unfit to proceed, the court shall dismiss the motion for
30-17 restoration.
30-18 Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
30-19 CHILD. (a) The juvenile court shall transfer all pending
30-20 proceedings from the juvenile court to a criminal court on the 18th
30-21 birthday of a child for whom the juvenile court or a court to which
30-22 the child's case is referred has ordered inpatient mental health
30-23 services or residential care for persons with mental retardation
30-24 if:
30-25 (1) the child is not discharged or furloughed from the
30-26 facility before reaching 18 years of age; and
30-27 (2) the child is alleged to have engaged in delinquent
31-1 conduct that included a violation of a penal law listed in Section
31-2 53.045 and no adjudication concerning the alleged conduct has been
31-3 made.
31-4 (b) The juvenile court shall send notification of the
31-5 transfer of a child under Subsection (a) to the facility. The
31-6 criminal court shall, before the 91st day after the date of the
31-7 transfer, institute proceedings under Article 46.02, Code of
31-8 Criminal Procedure. If those or any subsequent proceedings result
31-9 in a determination that the defendant is competent to stand trial,
31-10 the defendant may not receive a punishment for the delinquent
31-11 conduct described by Subsection (a)(2) that results in confinement
31-12 for a period longer than the maximum period of confinement the
31-13 defendant could have received if the defendant had been adjudicated
31-14 for the delinquent conduct while still a child and within the
31-15 jurisdiction of the juvenile court.
31-16 (Sections 55.45-55.50 reserved for expansion
31-17 SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS
31-18 A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
31-19 Sec. 55.51 [55.05]. LACK OF RESPONSIBILITY FOR CONDUCT
31-20 DETERMINATION; EXAMINATION. (a) A child alleged by petition to
31-21 have engaged in delinquent conduct or conduct indicating a need for
31-22 supervision is not responsible for the conduct if at the time of
31-23 the conduct, as a result of mental illness or mental retardation,
31-24 the child [he] lacks substantial capacity either to appreciate the
31-25 wrongfulness of the child's [his] conduct or to conform the child's
31-26 [his] conduct to the requirements of law.
31-27 (b) On a [If on] motion by [of] a party in which [or the
32-1 court] it is alleged that a [the] child may not be responsible as a
32-2 result of mental illness or mental retardation for the child's
32-3 conduct, the court shall order the child to be examined under
32-4 [appropriate examinations as provided by] Section 51.20 [55.01 of
32-5 this chapter]. The information obtained from the examinations must
32-6 include expert opinion as to whether the child is not responsible
32-7 for the child's conduct as a result of mental illness or mental
32-8 retardation.
32-9 (c) The issue of whether the child is not responsible for
32-10 the child's [his] conduct as a result of mental illness or mental
32-11 retardation shall be tried to the court or jury in the adjudication
32-12 hearing.
32-13 (d) Lack of responsibility for conduct as a result of mental
32-14 illness or mental retardation must be proved by a preponderance of
32-15 the evidence.
32-16 (e) In its findings or verdict the court or jury must state
32-17 whether the child is not responsible for the child's [his] conduct
32-18 as a result of mental illness or mental retardation.
32-19 (f) If the court or jury finds the child is not responsible
32-20 for the child's [his] conduct as a result of mental illness or
32-21 mental retardation, the court shall proceed [initiate proceedings]
32-22 under Section 55.52 [55.02 or 55.03 of this chapter].
32-23 (g) A child found to be not responsible for the child's
32-24 [his] conduct as a result of mental illness or mental retardation
32-25 shall not be subject to proceedings under this title with respect
32-26 to such conduct, other than proceedings under Section 55.52 [55.02
32-27 or 55.03 of this chapter].
33-1 Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
33-2 RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
33-3 child is not responsible for the child's conduct under Section
33-4 55.51, the court shall:
33-5 (1) if the lack of responsibility is a result of
33-6 mental illness or mental retardation:
33-7 (A) order the child placed with the Texas
33-8 Department of Mental Health and Mental Retardation for a period of
33-9 not more than 90 days, which order may not specify a shorter
33-10 period, for placement in a facility designated by the department;
33-11 or
33-12 (B) on application by the child's parent,
33-13 guardian, or guardian ad litem, order the child placed in a private
33-14 psychiatric inpatient facility for a period of not more than 90
33-15 days, which order may not specify a shorter period, but only if the
33-16 placement is agreed to in writing by the administrator of the
33-17 facility; or
33-18 (2) if the child's lack of responsibility is a result
33-19 of mental illness and the court determines that the child may be
33-20 adequately treated in an alternative setting, order the child to
33-21 receive treatment on an outpatient basis for a period of not more
33-22 than 90 days, which order may not specify a shorter period.
33-23 (b) If the court orders a child placed in a private
33-24 psychiatric inpatient facility under Subsection (a)(1)(B), the
33-25 state or a political subdivision of the state is not required to
33-26 pay any costs associated with the child's placement.
33-27 Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. (a) If
34-1 the court issues a placement order under Section 55.52(a)(1), the
34-2 court shall order the probation department or sheriff's department
34-3 to transport the child to the designated facility.
34-4 (b) On receipt of a report from a facility to which a child
34-5 has been transported under Subsection (a), the court shall order
34-6 the probation department or sheriff's department to transport the
34-7 child from the facility to the court. If the child is not
34-8 transported to the court before the 11th day after the date of the
34-9 court's order, an authorized representative of the facility shall
34-10 transport the child from the facility to the court.
34-11 (c) The county in which the juvenile court is located shall
34-12 reimburse the facility for the costs incurred in transporting the
34-13 child to the juvenile court as required by Subsection (b).
34-14 Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY;
34-15 REPORT TO COURT. (a) If the juvenile court issues a placement
34-16 order under Section 55.52(a), the court shall order the probation
34-17 department to send copies of any information in the possession of
34-18 the department and relevant to the issue of the child's mental
34-19 illness or mental retardation to the public or private facility or
34-20 outpatient center, as appropriate.
34-21 (b) Not later than the 75th day after the date the court
34-22 issues a placement order under Section 55.52(a), the public or
34-23 private facility or outpatient center, as appropriate, shall submit
34-24 to the court a report that:
34-25 (1) describes the treatment of the child provided by
34-26 the facility or center; and
34-27 (2) states the opinion of the director of the facility
35-1 or center as to whether the child is mentally ill or mentally
35-2 retarded.
35-3 (c) The court shall send a copy of the report submitted
35-4 under Subsection (b) to the prosecuting attorney and the attorney
35-5 for the child.
35-6 Sec. 55.55. REPORT THAT CHILD IS NOT MENTALLY ILL OR
35-7 MENTALLY RETARDED; HEARING ON OBJECTION. (a) If a report
35-8 submitted under Section 55.54(b) states that a child does not have
35-9 a mental illness or mental retardation, the juvenile court shall
35-10 discharge the child unless:
35-11 (1) an adjudication hearing was conducted concerning
35-12 conduct that included a violation of a penal law listed in Section
35-13 53.045(a) and a petition was approved by a grand jury under Section
35-14 53.045; and
35-15 (2) the prosecuting attorney objects in writing not
35-16 later than the second day after the date the attorney receives a
35-17 copy of the report under Section 55.54(c).
35-18 (b) On objection by the prosecuting attorney under
35-19 Subsection (a), the juvenile court shall hold a hearing without a
35-20 jury to determine whether the child has a mental illness or mental
35-21 retardation and whether the child meets the commitment criteria for
35-22 civil commitment under Subtitle C or D, Title 7, Health and Safety
35-23 Code.
35-24 (c) At the hearing, the burden is on the state to prove by
35-25 clear and convincing evidence that the child has a mental illness
35-26 or mental retardation and that the child meets the commitment
35-27 criteria for civil commitment under Subtitle C or D, Title 7,
36-1 Health and Safety Code.
36-2 (d) If, after a hearing, the court finds that the child does
36-3 not have a mental illness or mental retardation and that the child
36-4 does not meet the commitment criteria under Subtitle C or D, Title
36-5 7, Health and Safety Code, the court shall discharge the child.
36-6 (e) If, after a hearing, the court finds that the child has
36-7 a mental illness or mental retardation and that the child meets the
36-8 commitment criteria under Subtitle C or D, Title 7, Health and
36-9 Safety Code, the court shall issue an appropriate commitment order.
36-10 Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
36-11 OF COMMITMENT PROCEEDINGS. If a report submitted under Section
36-12 55.54(b) states that a child has a mental illness and that the
36-13 child meets the commitment criteria for civil commitment under
36-14 Subtitle C, Title 7, Health and Safety Code, the director of the
36-15 public or private facility or outpatient center, as appropriate,
36-16 shall submit to the court two certificates of medical examination
36-17 for mental illness. On receipt of the certificates, the court
36-18 shall:
36-19 (1) initiate proceedings as provided by Section 55.57
36-20 in the juvenile court for commitment of the child under Subtitle C,
36-21 Title 7, Health and Safety Code; or
36-22 (2) refer the child's case as provided by Section
36-23 55.58 to the appropriate court for the initiation of proceedings in
36-24 that court for commitment of the child under Subtitle C, Title 7,
36-25 Health and Safety Code.
36-26 Sec. 55.57. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
36-27 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
37-1 proceedings under Section 55.56(1), the prosecuting attorney may
37-2 file with the juvenile court an application for court-ordered
37-3 mental health services under Section 574.001, Health and Safety
37-4 Code. The juvenile court shall:
37-5 (1) set a date for a hearing and provide notice as
37-6 required by Sections 574.005 and 574.006, Health and Safety Code;
37-7 and
37-8 (2) conduct the hearing in accordance with Subchapter
37-9 C, Chapter 574, Health and Safety Code.
37-10 (b) After conducting a hearing under Subsection (a)(2), the
37-11 juvenile court shall:
37-12 (1) if the criteria under Section 574.034, Health and
37-13 Safety Code, are satisfied, order temporary mental health services;
37-14 or
37-15 (2) if the criteria under Section 574.035, Health and
37-16 Safety Code, are satisfied, order extended mental health services.
37-17 Sec. 55.58. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
37-18 ILLNESS. (a) If the juvenile court refers the child's case to an
37-19 appropriate court for the initiation of commitment proceedings
37-20 under Section 55.56(2), the juvenile court shall:
37-21 (1) send all papers relating to the child's mental
37-22 illness, including the verdict and judgment of the juvenile court
37-23 finding that the child was not responsible for the child's conduct,
37-24 to the clerk of the court to which the case is referred;
37-25 (2) send to the office of the appropriate county
37-26 attorney or, if a county attorney is not available, to the office
37-27 of the district attorney, copies of all papers sent to the clerk of
38-1 the court under Subdivision (1); and
38-2 (3) if the child is in detention:
38-3 (A) order the child released from detention to
38-4 the child's home or another appropriate place;
38-5 (B) order the child detained in an appropriate
38-6 place other than a juvenile detention facility; or
38-7 (C) if an appropriate place to release or detain
38-8 the child as described by Paragraph (A) or (B) is not available,
38-9 order the child to remain in the juvenile detention facility
38-10 subject to further detention orders of the court.
38-11 (b) The papers sent to a court under Subsection (a)(1)
38-12 constitute an application for mental health services under Section
38-13 574.001, Health and Safety Code.
38-14 Sec. 55.59. REPORT THAT CHILD HAS MENTAL RETARDATION;
38-15 INITIATION OF COMMITMENT PROCEEDINGS. If a report submitted under
38-16 Section 55.54(b) states that a child has mental retardation and
38-17 that the child meets the commitment criteria for civil commitment
38-18 under Subtitle D, Title 7, Health and Safety Code, the director of
38-19 the residential care facility shall submit to the court an
38-20 affidavit stating the conclusions reached as a result of the
38-21 diagnosis. On receipt of an affidavit, the juvenile court shall:
38-22 (1) initiate proceedings in the juvenile court as
38-23 provided by Section 55.60 for commitment of the child under
38-24 Subtitle D, Title 7, Health and Safety Code; or
38-25 (2) refer the child's case to the appropriate court as
38-26 provided by Section 55.61 for the initiation of proceedings in that
38-27 court for commitment of the child under Subtitle D, Title 7, Health
39-1 and Safety Code.
39-2 Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
39-3 MENTAL RETARDATION. (a) If the juvenile court initiates
39-4 commitment proceedings under Section 55.59(1), the prosecuting
39-5 attorney may file with the juvenile court an application for
39-6 placement under Section 593.041, Health and Safety Code. The
39-7 juvenile court shall:
39-8 (1) set a date for a hearing and provide notice as
39-9 required by Sections 593.047 and 593.048, Health and Safety Code;
39-10 and
39-11 (2) conduct the hearing in accordance with Sections
39-12 593.049-593.056, Health and Safety Code.
39-13 (b) After conducting a hearing under Subsection (a)(2), the
39-14 juvenile court may order commitment of the child to a residential
39-15 care facility only if the commitment criteria under Section
39-16 593.052, Health and Safety Code, are satisfied.
39-17 Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
39-18 RETARDATION. (a) If the juvenile court refers the child's case to
39-19 an appropriate court for the initiation of commitment proceedings
39-20 under Section 55.59(2), the juvenile court shall:
39-21 (1) send all papers relating to the child's mental
39-22 retardation to the clerk of the court to which the case is
39-23 referred;
39-24 (2) send to the office of the appropriate county
39-25 attorney or, if a county attorney is not available, to the office
39-26 of the appropriate district attorney, copies of all papers sent to
39-27 the clerk of the court under Subdivision (1); and
40-1 (3) if the child is in detention:
40-2 (A) order the child released from detention to
40-3 the child's home or another appropriate place;
40-4 (B) order the child detained in an appropriate
40-5 place other than a juvenile detention facility; or
40-6 (C) if an appropriate place to release or detain
40-7 the child as described by Paragraph (A) or (B) is not available,
40-8 order the child to remain in the juvenile detention facility
40-9 subject to further detention orders of the court.
40-10 (b) The papers sent to a court under Subsection (a)(1)
40-11 constitute an application for placement under Section 593.041,
40-12 Health and Safety Code.
40-13 SECTION 12. Section 56.01(c), Family Code, is amended to
40-14 read as follows:
40-15 (c) An appeal may be taken:
40-16 (1) by or on behalf of a child from an order entered
40-17 under:
40-18 (A) Section 54.03 [of this code] with regard to
40-19 delinquent conduct or conduct indicating a need for supervision;
40-20 (B) Section 54.04 [of this code] disposing of
40-21 the case;
40-22 (C) Section 54.05 [of this code] respecting
40-23 modification of a previous juvenile court disposition; or
40-24 (D) Chapter 55 by a juvenile court [of this
40-25 code] committing a child to a facility for the mentally ill or
40-26 mentally retarded; or
40-27 (2) by a person from an order entered under Section
41-1 54.11(i)(2) [of this code] transferring the person to the custody
41-2 of the institutional division of the Texas Department of Criminal
41-3 Justice.
41-4 SECTION 13. Section 58.001(c), Family Code, is amended to
41-5 read as follows:
41-6 (c) A law enforcement agency shall [may] forward
41-7 information, including [photographs and] fingerprints, relating to
41-8 a child who has been [detained or] taken into custody under Section
41-9 52.01 by the agency to the Department of Public Safety for
41-10 inclusion in the juvenile justice information system created under
41-11 Subchapter B, but only if the child is referred to juvenile court
41-12 on or before the 10th day after the date the child is [detained or]
41-13 taken into custody under Section 52.01. If the child is not
41-14 referred to juvenile court within that time, the law enforcement
41-15 agency shall destroy all information, including photographs and
41-16 fingerprints, relating to the child unless the child is placed in a
41-17 first offender program under Section 52.031 or on informal
41-18 disposition under Section 52.03. The law enforcement agency may
41-19 not forward any information to the Department of Public Safety
41-20 relating to the child while the child is in a first offender
41-21 program under Section 52.031, or during the 90 days following
41-22 successful completion of the program or while the child is on
41-23 informal disposition under Section 52.03. Except as provided by
41-24 Subsection (f), after the date the child completes an informal
41-25 disposition under Section 52.03 or after the 90th day after the
41-26 date the child successfully completes a first offender program
41-27 under Section 52.031, the law enforcement agency shall destroy all
42-1 information, including photographs and fingerprints, relating to
42-2 the child.
42-3 SECTION 14. Sections 58.002(a) and (c), Family Code, are
42-4 amended to read as follows:
42-5 (a) Except as provided by Chapter 79, Human Resources Code,
42-6 a child may not be photographed or fingerprinted without the
42-7 consent of the juvenile court unless the child is taken into
42-8 custody or referred to the juvenile court for conduct that
42-9 constitutes a felony or a misdemeanor punishable by confinement in
42-10 jail.
42-11 (c) A [This section does not prohibit a] law enforcement
42-12 officer is not prohibited under this section or Chapter 61, Code of
42-13 Criminal Procedure, from photographing or fingerprinting a child
42-14 who is not in custody if the child or the child's parent or
42-15 guardian voluntarily consents in writing to the photographing or
42-16 fingerprinting of the child. A written consent under this
42-17 subsection must show that the child or the child's parent or
42-18 guardian, as appropriate:
42-19 (1) voluntarily consents to the officer photographing
42-20 or fingerprinting the child; and
42-21 (2) understands that:
42-22 (A) the child or the child's parent or guardian
42-23 may refuse to provide a written consent under this subsection; and
42-24 (B) if the child or the child's parent or
42-25 guardian refuses to provide a written consent, the officer may not
42-26 photograph or fingerprint the child.
42-27 SECTION 15. Section 58.007, Family Code, is amended by
43-1 amending Subsection (b) and adding Subsection (h) to read as
43-2 follows:
43-3 (b) Except as provided by Article 15.27, Code of Criminal
43-4 Procedure, the records and files of a juvenile court, a clerk of
43-5 court, a juvenile probation department, or a prosecuting attorney
43-6 relating to a child who is a party to a proceeding under this title
43-7 are open to inspection only by:
43-8 (1) the judge, probation officers, and professional
43-9 staff or consultants of the juvenile court;
43-10 (2) a juvenile justice agency as that term is defined
43-11 by Section 58.101;
43-12 (3) an attorney for a party to the proceeding;
43-13 (4) a public or private agency or institution
43-14 providing supervision of the child by arrangement of the juvenile
43-15 court, or having custody of the child under juvenile court order;
43-16 [or]
43-17 (5) a law enforcement agency, except that:
43-18 (A) the records and files of a juvenile
43-19 probation department are open to inspection by the agency only if
43-20 the chief juvenile probation officer consents to the inspection in
43-21 accordance with guidelines adopted by the county juvenile board;
43-22 and
43-23 (B) the records and files of a prosecuting
43-24 attorney are open to inspection by the agency only if the
43-25 prosecuting attorney consents to the inspection; or
43-26 (6) with leave of the juvenile court, any other
43-27 person, agency, or institution having a legitimate interest in the
44-1 proceeding or in the work of the court.
44-2 (h) The juvenile court may disseminate to the public the
44-3 following information relating to a child who is the subject of a
44-4 directive to apprehend or a warrant of arrest and who cannot be
44-5 located for the purpose of apprehension:
44-6 (1) the child's name, including other names by which
44-7 the child is known;
44-8 (2) the child's physical description, including sex,
44-9 weight, height, race, ethnicity, eye color, hair color, scars,
44-10 marks, and tattoos;
44-11 (3) a photograph of the child; and
44-12 (4) a description of the conduct the child is alleged
44-13 to have committed, including the level and degree of the alleged
44-14 offense.
44-15 SECTION 16. Section 58.106(c), Family Code, is amended to
44-16 read as follows:
44-17 (c) The department may, if necessary to protect the welfare
44-18 of the community, disseminate to the public the following
44-19 information relating to a juvenile [offender] who has escaped from
44-20 the custody of the Texas Youth Commission or from another secure
44-21 detention or correctional facility:
44-22 (1) the juvenile's [juvenile offender's] name,
44-23 including other names by which the juvenile [offender] is known;
44-24 (2) the juvenile's [juvenile offender's] physical
44-25 description, including sex, weight, height, race, ethnicity, eye
44-26 color, hair color, scars, marks, and tattoos;
44-27 (3) a photograph of the juvenile [offender]; and
45-1 (4) a description of the conduct for which the
45-2 juvenile [offender] was committed to the Texas Youth Commission or
45-3 detained in the secure detention or correctional facility,
45-4 including the level and degree of the alleged offense.
45-5 SECTION 17. Section 59.003(a), Family Code, is amended to
45-6 read as follows:
45-7 (a) Subject to Subsection (e), after a child's first
45-8 commission of delinquent conduct or conduct indicating a need for
45-9 supervision, the probation department or prosecuting attorney may,
45-10 or the juvenile court may, in a disposition hearing under Section
45-11 54.04 or a modification hearing under Section 54.05, assign a child
45-12 one of the following sanction levels according to the child's
45-13 conduct:
45-14 (1) for conduct indicating a need for supervision,
45-15 other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
45-16 or a Class A or B misdemeanor, the sanction level is one;
45-17 (2) for conduct indicating a need for supervision
45-18 under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
45-19 misdemeanor, other than a misdemeanor involving the use or
45-20 possession of a firearm, or for delinquent conduct under Section
45-21 51.03(a)(2) or (3), the sanction level is two;
45-22 (3) for a misdemeanor involving the use or possession
45-23 of a firearm or for a state jail felony or a felony of the third
45-24 degree, the sanction level is three;
45-25 (4) for a felony of the second degree, the sanction
45-26 level is four;
45-27 (5) for a felony of the first degree, other than a
46-1 felony involving the use of a deadly weapon or causing serious
46-2 bodily injury, the sanction level is five;
46-3 (6) for a felony of the first degree involving the use
46-4 of a deadly weapon or causing serious bodily injury, for an
46-5 aggravated controlled substance felony, or for a capital felony,
46-6 the sanction level is six; or
46-7 (7) for a felony of the first degree involving the use
46-8 of a deadly weapon or causing serious bodily injury, for an
46-9 aggravated controlled substance felony, or for a capital felony, if
46-10 the petition has been approved by a grand jury under Section
46-11 53.045, or if a petition to transfer the child to criminal court
46-12 has been filed under Section 54.02, the sanction level is seven.
46-13 SECTION 18. Section 59.005(a), Family Code, is amended
46-14 to read as follows:
46-15 (a) For a child at sanction level two, the juvenile court,
46-16 the prosecuting attorney, or the probation department may, as
46-17 provided by Section 53.03:
46-18 (1) place the child on deferred prosecution [or
46-19 court-ordered probation] for not less than three months or more
46-20 than six months;
46-21 (2) require the child to make restitution to the
46-22 victim of the child's conduct or perform community service
46-23 restitution appropriate to the nature and degree of harm caused and
46-24 according to the child's ability;
46-25 (3) require the child's parents or guardians to
46-26 identify restrictions the parents or guardians will impose on the
46-27 child's activities and requirements the parents or guardians will
47-1 set for the child's behavior;
47-2 (4) provide the information required under Sections
47-3 59.004(a)(2) and (4);
47-4 (5) require the child or the child's parents or
47-5 guardians to participate in a program for services under Section
47-6 264.302, if a program under Section 264.302 is available to the
47-7 child or the child's parents or guardians;
47-8 (6) refer the child to a community-based citizen
47-9 intervention program approved by the juvenile court; and
47-10 (7) if appropriate, impose additional conditions of
47-11 probation.
47-12 SECTION 19. Section 59.014, Family Code, is amended to read
47-13 as follows:
47-14 Sec. 59.014. APPEAL. A child may not bring an appeal or a
47-15 postconviction writ of habeas corpus based on the:
47-16 (1) [The] failure or inability of any person to
47-17 provide a service listed under Sections 59.004-59.010;
47-18 (2) [or the] failure of a court or of any person to
47-19 make a sanction level assignment as provided in Section 59.002 or
47-20 59.003; or
47-21 (3) failure of a juvenile court or probation
47-22 department to report a deviation from the guidelines as required by
47-23 Section 59.003(e) [may not be used by a child as a ground for
47-24 appeal or for a postconviction writ of habeas corpus].
47-25 SECTION 20. Section 232.002, Family Code, is amended to read
47-26 as follows:
47-27 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
48-1 following state agencies are licensing authorities subject to this
48-2 chapter:
48-3 (1) Department of Agriculture;
48-4 (2) Texas Commission on Alcohol and Drug Abuse;
48-5 (3) Texas Alcoholic Beverage Commission;
48-6 (4) Texas Appraiser Licensing and Certification Board;
48-7 (5) Texas Board of Architectural Examiners;
48-8 (6) State Board of Barber Examiners;
48-9 (7) Texas Board of Chiropractic Examiners;
48-10 (8) Comptroller of Public Accounts;
48-11 (9) Texas Cosmetology Commission;
48-12 (10) Court Reporters Certification Board;
48-13 (11) State Board of Dental Examiners;
48-14 (12) Texas State Board of Examiners of Dietitians;
48-15 (13) Texas Funeral Service Commission;
48-16 (14) Texas Department of Health;
48-17 (15) Texas Department of Human Services;
48-18 (16) Texas Board of Professional Land Surveying;
48-19 (17) Texas Department of Licensing and Regulation;
48-20 (18) Texas State Board of Examiners of Marriage and
48-21 Family Therapists;
48-22 (19) Texas State Board of Medical Examiners;
48-23 (20) Midwifery Board;
48-24 (21) Texas Natural Resource Conservation Commission;
48-25 (22) Board of Nurse Examiners;
48-26 (23) Texas Board of Occupational Therapy Examiners;
48-27 (24) Texas Optometry Board;
49-1 (25) Parks and Wildlife Department;
49-2 (26) Texas State Board of Examiners of Perfusionists;
49-3 (27) Texas State Board of Pharmacy;
49-4 (28) Texas Board of Physical Therapy Examiners;
49-5 (29) Texas State Board of Plumbing Examiners;
49-6 (30) Texas State Board of Podiatric Medical Examiners;
49-7 (31) Polygraph Examiners Board;
49-8 (32) Texas Board of Private Investigators and Private
49-9 Security Agencies;
49-10 (33) Texas State Board of Examiners of Professional
49-11 Counselors;
49-12 (34) State Board of Registration for Professional
49-13 Engineers;
49-14 (35) Department of Protective and Regulatory Services;
49-15 (36) Texas State Board of Examiners of Psychologists;
49-16 (37) Texas State Board of Public Accountancy;
49-17 (38) Department of Public Safety of the State of
49-18 Texas;
49-19 (39) Public Utility Commission of Texas;
49-20 (40) Railroad Commission of Texas;
49-21 (41) Texas Real Estate Commission;
49-22 (42) State Bar of Texas;
49-23 (43) Texas State Board of Social Worker Examiners;
49-24 (44) State Board of Examiners for Speech-Language
49-25 Pathology and Audiology;
49-26 (45) Texas Structural Pest Control Board;
49-27 (46) Board of Tax Professional Examiners;
50-1 (47) Secretary of State;
50-2 (48) Supreme Court of Texas;
50-3 (49) Texas Transportation Commission;
50-4 (50) State Board of Veterinary Medical Examiners;
50-5 (51) Board of Vocational Nurse Examiners;
50-6 (52) Texas Ethics Commission;
50-7 (53) Advisory Board of Athletic Trainers;
50-8 (54) State Committee of Examiners in the Fitting and
50-9 Dispensing of Hearing Instruments;
50-10 (55) Texas Board of Licensure for Professional Medical
50-11 Physicists; [and]
50-12 (56) Texas Department of Insurance;[.]
50-13 (57) Texas Board of Orthotics and Prosthetics; and
50-14 (58) Texas Juvenile Probation Commission.
50-15 SECTION 21. Section 261.103, Family Code, is amended to read
50-16 as follows:
50-17 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. (a)
50-18 Except as provided by Subsection (b), a [A] report shall be made
50-19 to:
50-20 (1) any local or state law enforcement agency;
50-21 (2) the department if the alleged or suspected abuse
50-22 involves a person responsible for the care, custody, or welfare of
50-23 the child;
50-24 (3) the state agency that operates, licenses,
50-25 certifies, or registers the facility in which the alleged abuse or
50-26 neglect occurred; or
50-27 (4) the agency designated by the court to be
51-1 responsible for the protection of children.
51-2 (b) A report may be made to the Texas Youth Commission
51-3 instead of the entities listed under Subsection (a) if the report
51-4 is based on information provided by a child while under the
51-5 supervision of the commission concerning the child's alleged abuse
51-6 of another child.
51-7 SECTION 22. Section 261.105, Family Code, is amended by
51-8 adding Subsection (e) to read as follows:
51-9 (e) In cooperation with the department, the Texas Youth
51-10 Commission by rule shall adopt guidelines for identifying a report
51-11 made to the commission under Section 261.103(b) that is appropriate
51-12 to refer to the department or a law enforcement agency for
51-13 investigation. Guidelines adopted under this subsection must
51-14 require the commission to consider the severity and immediacy of
51-15 the alleged abuse or neglect of the child victim.
51-16 SECTION 23. Section 261.405, Family Code, as amended by
51-17 Chapters 162 and 1374, Acts of the 75th Legislature, Regular
51-18 Session, 1997, is reenacted and amended to read as follows:
51-19 Sec. 261.405. INVESTIGATIONS IN [PRE-ADJUDICATION AND
51-20 POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
51-21 (a) A report of alleged abuse or neglect in a public or private
51-22 juvenile pre-adjudication secure detention facility, including
51-23 hold-over facilities, or public or private juvenile
51-24 post-adjudication secure correctional facility, except for a
51-25 facility operated solely for children committed to the Texas Youth
51-26 Commission, shall be made to a local law enforcement agency for
51-27 investigation. The local law enforcement agency shall immediately
52-1 notify the Texas Juvenile Probation Commission of any report the
52-2 agency receives.
52-3 (b) The Texas Juvenile Probation Commission shall conduct an
52-4 investigation as provided by this chapter if the commission
52-5 receives a report of alleged abuse or neglect in any program,
52-6 including a juvenile justice alternative education program,
52-7 operated wholly or partly by:
52-8 (1) a local juvenile probation department; or
52-9 (2) a private vendor operating under the authority of
52-10 a county juvenile board in accordance with the standards adopted by
52-11 the commission.
52-12 (c) In an investigation required under this section, the
52-13 investigating agency shall have access to medical and mental health
52-14 records as provided by Subchapter D.
52-15 SECTION 24. The heading to Article 4.18, Code of Criminal
52-16 Procedure, is amended to read as follows:
52-17 Art. 4.18. CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
52-18 JUVENILE COURT].
52-19 SECTION 25. Article 4.18, Code of Criminal Procedure, is
52-20 amended by adding Subsection (g) to read as follows:
52-21 (g) This article does not apply to a claim of a defect or
52-22 error in a discretionary transfer proceeding in juvenile court. A
52-23 defendant may appeal a defect or error only as provided by Article
52-24 44.47.
52-25 SECTION 26. Section 8(c), Article 42.09, Code of Criminal
52-26 Procedure, is amended to read as follows:
52-27 (c) A county that transfers a defendant to the Texas
53-1 Department of Criminal Justice under this article shall also
53-2 deliver to the designated officer any presentence or postsentence
53-3 investigation report, revocation report, psychological or
53-4 psychiatric evaluation of the defendant, including an evaluation
53-5 prepared for the juvenile court before transferring the defendant
53-6 to criminal court and contained in the criminal prosecutor's file,
53-7 and available social or psychological background information
53-8 relating to the defendant and may deliver to the designated officer
53-9 any additional information upon which the judge or jury bases the
53-10 punishment decision.
53-11 SECTION 27. Section 576.025(a), Health and Safety Code, is
53-12 amended to read as follows:
53-13 (a) A person may not administer a psychoactive medication to
53-14 a patient receiving voluntary or involuntary mental health services
53-15 who refuses the administration unless:
53-16 (1) the patient is having a medication-related
53-17 emergency;
53-18 (2) the patient is younger than 16 years of age and
53-19 the patient's parent, managing conservator, or guardian consents to
53-20 the administration on behalf of the patient;
53-21 (3) the refusing patient's representative authorized
53-22 by law to consent on behalf of the patient has consented to the
53-23 administration;
53-24 (4) the administration of the medication regardless of
53-25 the patient's refusal is authorized by an order issued under
53-26 Section 574.106; or
53-27 (5) the patient is receiving court-ordered mental
54-1 health services authorized by an order issued under:
54-2 (A) Article 46.02 or 46.03, Code of Criminal
54-3 Procedure; or
54-4 (B) Chapter 55, Family Code.
54-5 SECTION 28. Section 61.077, Human Resources Code, is amended
54-6 by adding Subsections (c)-(f) to read as follows:
54-7 (c) If a child who is discharged from the commission under
54-8 Subsection (b) as a result of mental illness is not receiving
54-9 court-ordered mental health services, the child's discharge is
54-10 effective on the earlier of:
54-11 (1) the date the court enters an order regarding an
54-12 application for mental health services filed under Section
54-13 61.0772(b); or
54-14 (2) the 30th day after the date the application is
54-15 filed.
54-16 (d) If a child who is discharged from the commission under
54-17 Subsection (b) as a result of mental illness is receiving
54-18 court-ordered mental health services, the child's discharge from
54-19 the commission is effective immediately. If the child is receiving
54-20 mental health services outside the child's home county, the
54-21 commission shall notify the mental health authority located in that
54-22 county of the discharge not later than the 30th day after the date
54-23 that the child's discharge is effective.
54-24 (e) If a child who is discharged from the commission under
54-25 Subsection (b) as a result of mental retardation is not receiving
54-26 mental retardation services, the child's discharge is effective on
54-27 the earlier of:
55-1 (1) the date the court enters an order regarding an
55-2 application for mental retardation services filed under Section
55-3 61.0772(c); or
55-4 (2) the 30th day after the date that the application
55-5 is filed.
55-6 (f) If a child who is discharged from the commission under
55-7 Subsection (b) as a result of mental retardation is receiving
55-8 mental retardation services, the child's discharge from the
55-9 commission is effective immediately.
55-10 SECTION 29. Sections 61.0772(b) and (c), Human Resources
55-11 Code, are amended to read as follows:
55-12 (b) Before [Not later than the 30th day before the date] a
55-13 child who is identified as mentally ill is discharged from the
55-14 commission's custody under Section 61.077(b), a commission
55-15 psychiatrist shall examine the child. The commission [psychiatrist]
55-16 shall file a sworn application for court-ordered mental health
55-17 services, as provided in Subchapter C, Chapter 574, Health and
55-18 Safety Code, if:
55-19 (1) the child is not receiving court-ordered mental
55-20 health services; and
55-21 (2) the psychiatrist who examined the child determines
55-22 that the child is mentally ill and the child meets at least one of
55-23 the criteria listed in Section 574.034, Health and Safety Code.
55-24 (c) Before [Not later than the 30th day before the date] a
55-25 child who is identified as mentally retarded under Chapter 593,
55-26 Health and Safety Code, is discharged from the commission's custody
55-27 under Section 61.077(b), the commission shall refer the child for
56-1 [a determination of] mental retardation services if the child is
56-2 not receiving mental retardation services [and an interdisciplinary
56-3 team recommendation of the child, as provided by Chapter 593,
56-4 Health and Safety Code, to be performed at a facility approved or
56-5 operated by the Texas Department of Mental Health and Mental
56-6 Retardation or at a community center established in accordance with
56-7 Chapter 534, Health and Safety Code].
56-8 SECTION 30. Section 61.093(b), Human Resources Code, is
56-9 amended to read as follows:
56-10 (b) A child who is arrested or taken into custody under
56-11 Subsection (a) [of this section] may be detained in any suitable
56-12 place, including an adult jail facility if the person is 17 years
56-13 of age or older, until the child is returned to the custody of the
56-14 commission or transported to a commission facility.
56-15 SECTION 31. Section 729.001(c), Transportation Code, is
56-16 amended to read as follows:
56-17 (c) An offense under this section is punishable by the fine
56-18 or other sanction, other than confinement or imprisonment,
56-19 authorized by statute for violation of the traffic law listed under
56-20 Subsection (a) that is the basis of the prosecution under this
56-21 section [a Class C misdemeanor].
56-22 SECTION 32. Section 729.002(b), Transportation Code, is
56-23 amended to read as follows:
56-24 (b) An offense under this section is punishable in the same
56-25 manner as if the person was 17 years of age or older and operated a
56-26 motor vehicle without a license as described by Subsection (a),
56-27 except that an offense under this section is not punishable by
57-1 confinement or imprisonment [a Class C misdemeanor].
57-2 SECTION 33. Sections 141.0475 and 141.0476, Human Resources
57-3 Code, are repealed.
57-4 SECTION 34. (a) Except as provided otherwise by this
57-5 section, the change in law made by this Act applies only to conduct
57-6 that occurs on or after the effective date of this Act. Conduct
57-7 violating a penal law of the state occurs on or after the effective
57-8 date of this Act if every element of the violation occurs on or
57-9 after that date. Conduct that occurs before the effective date of
57-10 this Act is covered by the law in effect at the time the conduct
57-11 occurred, and the former law is continued in effect for that
57-12 purpose.
57-13 (b) The change in law made by Sections 13, 15, and 16 of
57-14 this Act applies to the dissemination or inspection of information
57-15 on or after the effective date of this Act without regard to
57-16 whether the information was compiled before, on, or after that
57-17 date.
57-18 (c) The change in law made by Section 23 of this Act applies
57-19 only to a report received by a local law enforcement agency or the
57-20 Texas Juvenile Probation Commission on or after the effective date
57-21 of this Act.
57-22 SECTION 35. This Act takes effect September 1, 1999.
57-23 SECTION 36. The importance of this legislation and the
57-24 crowded condition of the calendars in both houses create an
57-25 emergency and an imperative public necessity that the
57-26 constitutional rule requiring bills to be read on three several
57-27 days in each house be suspended, and this rule is hereby suspended.