By Goodman H.B. No. 3517
76R5753 JMC-F
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
1-10 the statement of the child is made has authorized a referee or
1-11 master 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) If the preliminary
3-10 investigation required by Section 53.01 results in a determination
3-11 that further proceedings are authorized and warranted, the
3-12 prosecuting attorney may, before filing a petition under Section
3-13 53.04, refer an offense listed in Section 53.045(a) to a grand jury
3-14 in the county in which the offense is alleged to have been
3-15 committed.
3-16 (b) The grand jury has the same jurisdiction and powers to
3-17 investigate the facts and circumstances concerning an offense
3-18 referred to the grand jury under this section as it has to
3-19 investigate other criminal activity.
3-20 (c) If the grand jury votes to take no action on an offense
3-21 referred to the grand jury under this section, the prosecuting
3-22 attorney may not file a petition under Section 53.04 concerning the
3-23 offense unless the same or a successor grand jury approves the
3-24 filing of the petition.
3-25 (d) If the grand jury votes for approval of the prosecution
3-26 of an offense referred to the grand jury under this section, the
3-27 prosecuting attorney may file a petition under Section 53.04.
4-1 (e) The approval of the prosecution of an offense by a grand
4-2 jury under this section does not constitute approval of a petition
4-3 by a grand jury for purposes of Section 53.045.
4-4 SECTION 7. Section 54.01, Family Code, is amended by adding
4-5 Subsection (p) to read as follows:
4-6 (p) If a child has not been released under Section 53.02 or
4-7 this section and a petition has not been filed under Section 53.04
4-8 concerning the child, the court shall order the child released from
4-9 detention not later than:
4-10 (1) the 30th working day after the date the initial
4-11 detention hearing is held, if the child is alleged to have engaged
4-12 in conduct constituting a capital felony, an aggravated controlled
4-13 substance felony, or a felony of the first degree; or
4-14 (2) the 15th working day after the date the initial
4-15 detention hearing is held, if the child is alleged to have engaged
4-16 in conduct constituting an offense other than an offense listed in
4-17 Subdivision (1).
4-18 SECTION 8. Section 54.02, Family Code, is amended by
4-19 amending Subsection (h) and adding Subsections (o)-(r) to read as
4-20 follows:
4-21 (h) If the juvenile court waives jurisdiction, it shall
4-22 state specifically in the order its reasons for waiver and certify
4-23 its action, including the written order and findings of the court,
4-24 and shall transfer the person to the appropriate court for criminal
4-25 proceedings and cause the results of the diagnostic study of the
4-26 person ordered under Subsection (d), including psychological
4-27 information, to be transferred to the appropriate criminal
5-1 prosecutor. On transfer of the person for criminal proceedings,
5-2 the person shall be dealt with as an adult and in accordance with
5-3 the Code of Criminal Procedure. The transfer of custody is an
5-4 arrest.
5-5 (o) On the filing of a discretionary transfer petition or
5-6 motion under Subsection (j) concerning a respondent who has been
5-7 taken into custody, the juvenile court shall hold a detention
5-8 hearing in the same manner as provided by Section 54.01, except
5-9 that the court shall order the respondent released unless it finds
5-10 that the respondent:
5-11 (1) is likely to abscond or be removed from the
5-12 jurisdiction of the court;
5-13 (2) may be dangerous to himself or herself or may
5-14 threaten the safety of the public if released; or
5-15 (3) has previously been found to be a delinquent child
5-16 or has previously been convicted of a penal offense punishable by a
5-17 term of jail or prison and is likely to commit an offense if
5-18 released.
5-19 (p) If the juvenile court does not order a respondent
5-20 released under Subsection (o), the court shall, pending the
5-21 conclusion of the discretionary transfer hearing, order that the
5-22 respondent be detained in:
5-23 (1) a certified juvenile detention facility as
5-24 provided by Subsection (q); or
5-25 (2) an appropriate county facility for the detention
5-26 of adults accused of criminal offenses.
5-27 (q) The detention of a respondent in a certified juvenile
6-1 detention facility must comply with the detention requirements
6-2 under this title, except that, to the extent practicable, the
6-3 person shall be kept separate from children detained in the same
6-4 facility.
6-5 (r) If the juvenile court orders a respondent detained in a
6-6 county facility under Subsection (p), the county sheriff shall take
6-7 custody of the respondent under the juvenile court's order. The
6-8 juvenile court shall set or deny bond for the respondent as
6-9 required by the Code of Criminal Procedure.
6-10 SECTION 9. Sections 54.03(d) and (f), Family Code, are
6-11 amended to read as follows:
6-12 (d) Except as provided by Section 54.031 [of this chapter],
6-13 only material, relevant, and competent evidence in accordance with
6-14 the Texas Rules of [Criminal] Evidence applicable to criminal cases
6-15 and Chapter 38, Code of Criminal Procedure, may be considered in
6-16 the adjudication hearing. Except in a detention or discretionary
6-17 transfer hearing, a social history report or social service file
6-18 shall not be viewed by the court before the adjudication decision
6-19 and shall not be viewed by the jury at any time.
6-20 (f) At the conclusion of the adjudication hearing, the court
6-21 or jury shall find whether or not the child has engaged in
6-22 delinquent conduct or conduct indicating a need for supervision.
6-23 The finding must be based on competent evidence admitted at the
6-24 hearing. The child shall be presumed to be innocent of the charges
6-25 against the child [him] and no finding that a child has engaged in
6-26 delinquent conduct or conduct indicating a need for supervision may
6-27 be returned unless the state has proved such beyond a reasonable
7-1 doubt. In all jury cases the jury will be instructed that the
7-2 burden is on the state to prove that a child has engaged in
7-3 delinquent conduct or is in need of supervision beyond a reasonable
7-4 doubt. A child may be adjudicated as having engaged in conduct
7-5 constituting a lesser included offense as provided by Articles
7-6 37.08 and 37.09, Code of Criminal Procedure.
7-7 SECTION 10. Section 54.04(d), Family Code, is amended to
7-8 read as follows:
7-9 (d) If the court or jury makes the finding specified in
7-10 Subsection (c) allowing the court to make a disposition in the
7-11 case:
7-12 (1) the court or jury may, in addition to any order
7-13 required or authorized under Section 54.041 or 54.042, place the
7-14 child on probation on such reasonable and lawful terms as the court
7-15 may determine:
7-16 (A) in the child's [his] own home or in the
7-17 custody of a relative or other fit person; or
7-18 (B) subject to the finding under Subsection (c)
7-19 on the placement of the child outside the child's home, in:
7-20 (i) a suitable foster home; or
7-21 (ii) a suitable public or private
7-22 institution or agency, except the Texas Youth Commission;
7-23 (2) if the court or jury found at the conclusion of
7-24 the adjudication hearing that the child engaged in delinquent
7-25 conduct that violates a penal law of this state or of the United
7-26 States punishable by imprisonment or by confinement in jail, other
7-27 than conduct described by Section 51.03(a)(3), and if the petition
8-1 was not approved by the grand jury under Section 53.045, the court
8-2 may commit the child to the Texas Youth Commission without a
8-3 determinate sentence;
8-4 (3) if the court or jury found at the conclusion of
8-5 the adjudication hearing that the child engaged in delinquent
8-6 conduct that included a violation of a penal law listed in Section
8-7 53.045(a) and if the petition was approved by the grand jury under
8-8 Section 53.045, the court or jury may sentence the child to
8-9 commitment in the Texas Youth Commission with a possible transfer
8-10 to the institutional division or the pardons and paroles division
8-11 of the Texas Department of Criminal Justice for a term of:
8-12 (A) not more than 40 years if the conduct
8-13 constitutes:
8-14 (i) a capital felony;
8-15 (ii) a felony of the first degree; or
8-16 (iii) an aggravated controlled substance
8-17 felony;
8-18 (B) not more than 20 years if the conduct
8-19 constitutes a felony of the second degree; or
8-20 (C) not more than 10 years if the conduct
8-21 constitutes a felony of the third degree;
8-22 (4) the court may assign the child an appropriate
8-23 sanction level and sanctions as provided by the assignment
8-24 guidelines in Section 59.003; or
8-25 (5) if applicable, the court or jury may make a
8-26 disposition under Subsection (m).
8-27 SECTION 11. Sections 54.05(f) and (g), Family Code, are
9-1 amended to read as follows:
9-2 (f) A disposition based on a finding that the child engaged
9-3 in delinquent conduct that violates a penal law of this state or of
9-4 the United States punishable by imprisonment or by confinement in
9-5 jail, other than conduct described by Section 51.03(a)(3), may be
9-6 modified so as to commit the child to the Texas Youth Commission if
9-7 the court, after a hearing to modify disposition, finds by a
9-8 preponderance of the evidence that the child violated a reasonable
9-9 and lawful order of the court. A disposition based on a finding
9-10 that the child engaged in habitual felony conduct as described by
9-11 Section 51.031 [of this code] or in delinquent conduct that
9-12 included a violation of a penal law listed in Section 53.045(a) [of
9-13 this code] may be modified to commit the child to the Texas Youth
9-14 Commission with a possible transfer to the institutional division
9-15 or the pardons and paroles division of the Texas Department of
9-16 Criminal Justice for a definite term prescribed by Section
9-17 54.04(d)(3) [of this code] if the original petition was approved by
9-18 the grand jury under Section 53.045 [of this code] and if after a
9-19 hearing to modify the disposition the court or jury finds that the
9-20 child violated a reasonable and lawful order of the court.
9-21 (g) A disposition based solely on a finding that the child
9-22 engaged in conduct indicating a need for supervision may not be
9-23 modified to commit the child to the Texas Youth Commission. A new
9-24 finding in compliance with Section 54.03 [of this code] must be
9-25 made that the child engaged in delinquent conduct that violates a
9-26 penal law of this state or of the United States punishable by
9-27 imprisonment or by confinement in jail, other than conduct
10-1 described by Section 51.03(a)(3) [as defined in Section 51.03(a) of
10-2 this code].
10-3 SECTION 12. Section 54.10(a), Family Code, is amended to
10-4 read as follows:
10-5 (a) Except as provided by Subsection (c) [of this section],
10-6 a [the] hearing under [provided in] Section [Sections 54.01,]
10-7 54.03, 54.04, or [and] 54.05, including a jury trial, a hearing
10-8 under Chapter 55, or a [of this code and the] hearing under
10-9 [provided in] Article IV, Article V, and Article VI of the Uniform
10-10 Interstate Compact on Juveniles (Chapter 60 [25 of this code]) may
10-11 be held by a referee appointed in accordance with Section 51.04(g)
10-12 or a master appointed under Chapter 54, Government Code, [of this
10-13 code] provided:
10-14 (1) the parties have been informed by the referee or
10-15 master that they are entitled to have the hearing before the
10-16 juvenile court judge [or in the case of a detention hearing
10-17 provided for in Section 54.01 of this code, a substitute judge as
10-18 authorized by Section 51.04(f) of this code]; and [or]
10-19 (2) after each party is given an opportunity to
10-20 object, no party objects to holding the hearing before the referee
10-21 or master [the child and the attorney for the child have in
10-22 accordance with the requirements of Section 51.09 of this code
10-23 waived the right to have the hearing before the juvenile court
10-24 judge or substitute judge].
10-25 SECTION 13. Chapter 55, Family Code, is amended to read as
10-26 follows:
10-27 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
11-1 WITH MENTAL ILLNESS OR MENTAL RETARDATION
11-2 SUBCHAPTER A. GENERAL PROVISIONS
11-3 Sec. 55.01. MEANING OF "HAVING A MENTAL ILLNESS". For
11-4 purposes of this chapter, a child who is described as having a
11-5 mental illness means a child who suffers from mental illness as
11-6 defined by Section 571.003, Health and Safety Code [PHYSICAL OR
11-7 MENTAL EXAMINATION. (a) At any stage of the proceedings under
11-8 this title, the juvenile court may order a child alleged by
11-9 petition or found to have engaged in delinquent conduct or conduct
11-10 indicating a need for supervision to be examined by appropriate
11-11 experts, including a physician, psychiatrist, or psychologist.]
11-12 [(b) If an examination ordered under Subsection (a) of this
11-13 section is to determine whether the child is mentally retarded, the
11-14 examination must consist of a determination of mental retardation
11-15 and an interdisciplinary team recommendation, as provided by
11-16 Chapter 593, Health and Safety Code, and shall be conducted at a
11-17 facility approved or operated by the Texas Department of Mental
11-18 Health and Mental Retardation or at a community center established
11-19 in accordance with Chapter 534, Health and Safety Code].
11-20 Sec. 55.02. MENTAL HEALTH JURISDICTION. For the purpose of
11-21 initiating proceedings to order mental health services for a child
11-22 or for commitment of a child as provided by this chapter, the
11-23 juvenile court has jurisdiction of proceedings under Subtitle C or
11-24 D, Title 7, Health and Safety Code.
11-25 Sec. 55.03. STANDARDS OF CARE. (a) A child for whom
11-26 inpatient mental health services is ordered by a court under this
11-27 chapter shall be cared for as provided by Subtitle C, Title 7,
12-1 Health and Safety Code.
12-2 (b) A child who is committed by a court to a residential
12-3 care facility for mental retardation shall be cared for as provided
12-4 by Subtitle D, Title 7, Health and Safety Code.
12-5 (Sections 55.04-55.10 reserved for expansion)
12-6 SUBCHAPTER B. CHILD WITH MENTAL ILLNESS
12-7 Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION. (a)
12-8 On a motion by a party, the juvenile court shall determine whether
12-9 probable cause exists to believe that a child who is alleged by
12-10 petition or found to have engaged in delinquent conduct or conduct
12-11 indicating a need for supervision has a mental illness. In making
12-12 its determination, the court may:
12-13 (1) consider the motion, supporting documents,
12-14 professional statements of counsel, and witness testimony; and
12-15 (2) make its own observation of the child.
12-16 (b) If the court determines that probable cause exists to
12-17 believe that the child has a mental illness, the court shall
12-18 temporarily stay the juvenile court proceedings and immediately
12-19 order the child to be examined under Section 51.20. The
12-20 information obtained from the examination must include expert
12-21 opinion as to whether the child has a mental illness and whether
12-22 the child meets the commitment criteria under Subtitle C, Title 7,
12-23 Health and Safety Code. If ordered by the court, the information
12-24 must also include expert opinion as to whether the child is unfit
12-25 to proceed with the juvenile court proceedings.
12-26 (c) After considering all relevant information, including
12-27 information obtained from an examination under Section 51.20, the
13-1 court shall:
13-2 (1) if the court determines that evidence exists to
13-3 support a finding that the child has a mental illness and that the
13-4 child meets the commitment criteria under Subtitle C, Title 7,
13-5 Health and Safety Code, proceed under Section 55.12; or
13-6 (2) if the court determines that evidence does not
13-7 exist to support a finding that the child has a mental illness or
13-8 that the child meets the commitment criteria under Subtitle C,
13-9 Title 7, Health and Safety Code, dissolve the stay and continue the
13-10 juvenile court proceedings.
13-11 Sec. 55.12 [55.02]. INITIATION OF COMMITMENT PROCEEDINGS
13-12 [CHILD WITH MENTAL ILLNESS]. If, after considering all relevant
13-13 information, the juvenile court determines that evidence exists to
13-14 support a finding that a child has a mental illness and that the
13-15 child meets the commitment criteria under Subtitle C, Title 7,
13-16 Health and Safety Code, the [(a) The] court shall:
13-17 (1) initiate proceedings as provided by Section 55.13
13-18 to order temporary or extended mental health services, as provided
13-19 in Subchapter C, Chapter 574, Health and Safety Code[, for a child
13-20 alleged or found to have engaged in delinquent conduct or conduct
13-21 indicating a need for supervision, if:]
13-22 [(1) on motion by a party or the court it is alleged
13-23 that the child is mentally ill]; or
13-24 (2) refer the child's case as provided by Section
13-25 55.14 to the appropriate court for the initiation of proceedings in
13-26 that court for commitment of the child under Subchapter C, Chapter
13-27 574, Health and Safety Code.
14-1 Sec. 55.13. COMMITMENT PROCEEDINGS IN JUVENILE COURT. (a)
14-2 If the juvenile court initiates proceedings for temporary or
14-3 extended mental health services under Section 55.12(1), the
14-4 prosecuting attorney or the attorney for the child may file with
14-5 the juvenile court an application for court-ordered mental health
14-6 services under Section 574.001, Health and Safety Code. The
14-7 juvenile court shall:
14-8 (1) set a date for a hearing and provide notice as
14-9 required by Sections 574.005 and 574.006, Health and Safety Code;
14-10 and
14-11 (2) conduct the hearing in accordance with Subchapter
14-12 C, Chapter 574, Health and Safety Code.
14-13 (b) The burden of proof at the hearing is on the party who
14-14 filed the application.
14-15 (c) The juvenile court shall appoint the number of
14-16 physicians necessary to examine the child and to complete the
14-17 certificates of medical examination for mental illness required
14-18 under Section 574.009, Health and Safety Code.
14-19 (d) After conducting a hearing on an application under this
14-20 section, the juvenile court shall:
14-21 (1) if the criteria under Section 574.034, Health and
14-22 Safety Code, are satisfied, order temporary mental health services
14-23 for the child; or
14-24 (2) if the criteria under Section 574.035, Health and
14-25 Safety Code, are satisfied, order extended mental health services
14-26 for the child.
14-27 Sec. 55.14. REFERRAL FOR COMMITMENT PROCEEDINGS. (a) If
15-1 the juvenile court refers the child's case to the appropriate court
15-2 for the initiation of commitment proceedings under Section
15-3 55.12(2), the juvenile court shall:
15-4 (1) send all papers relating to the child's mental
15-5 illness to the clerk of the court to which the case is referred;
15-6 (2) send to the office of the appropriate county or
15-7 district attorney copies of all papers sent to the clerk of the
15-8 court under Subdivision (1); and
15-9 (3) if the child is in detention:
15-10 (A) order the child released from detention to
15-11 the child's home or another appropriate place;
15-12 (B) order the child detained in an appropriate
15-13 place other than a juvenile detention facility; or
15-14 (C) if an appropriate place to release or detain
15-15 the child as described by Paragraph (A) or (B) is not available,
15-16 order the child to remain in the juvenile detention facility
15-17 subject to further detention orders of the court.
15-18 (b) The papers sent to the clerk of a court under Subsection
15-19 (a)(1) constitute an application for mental health services under
15-20 Section 574.001, Health and Safety Code.
15-21 Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
15-22 MENTAL HEALTH SERVICES. [a child is found or alleged to be unfit
15-23 to proceed as a result of mental illness under Section 55.04 of
15-24 this chapter or is found not responsible for the child's conduct as
15-25 a result of mental illness under Section 55.05 of this chapter.]
15-26 [(b) Subtitle C, Title 7, Health and Safety Code, governs
15-27 proceedings for court-ordered mental health services except that
16-1 the juvenile court shall conduct the proceedings whether or not the
16-2 juvenile court is also a county court.]
16-3 [(c)] If the juvenile court or a court to which the child's
16-4 case is referred under Section 55.12(2) orders mental health
16-5 services for the child, the child shall be cared for, treated, and
16-6 released in conformity to Subtitle C, Title 7, Health and Safety
16-7 Code, except:
16-8 (1) a [juvenile] court order for mental health
16-9 services for [of] a child automatically expires on the 120th day
16-10 after the date the child becomes 18 years of age; and
16-11 (2) the administrator of a mental health facility
16-12 shall notify, in writing, by certified mail return receipt
16-13 requested, the juvenile court that ordered mental health services
16-14 or the juvenile court that referred the case to a court that
16-15 ordered the mental health services of the intent to discharge the
16-16 child at least 10 days prior to discharge.
16-17 Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
16-18 PROCEEDINGS. (a) If the court to which the child's case is
16-19 referred under Section 55.12(2) orders temporary or extended
16-20 inpatient mental health services for the child, the court shall
16-21 immediately notify in writing the referring juvenile court of the
16-22 court's order for mental health services.
16-23 (b) [(d)] If the juvenile court orders temporary or extended
16-24 inpatient mental health services for the child or if the juvenile
16-25 court receives notice under Subsection (a) from the court to which
16-26 the child's case is referred, the proceedings under this title then
16-27 pending in juvenile court shall be stayed.
17-1 Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
17-2 OF STAY. (a) If the court to which a child's case is referred
17-3 under Section 55.12(2) does not order temporary or extended
17-4 inpatient mental health services for the child, the court shall
17-5 immediately notify in writing the referring juvenile court of the
17-6 court's decision.
17-7 (b) If the juvenile court does not order temporary or
17-8 extended inpatient mental health services for the child or if the
17-9 juvenile court receives notice under Subsection (a) from the court
17-10 to which the child's case is referred, the juvenile court shall
17-11 dissolve the stay and continue the juvenile court proceedings.
17-12 Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
17-13 REACHING 18 YEARS OF AGE. [(e)] If the child is discharged from
17-14 the mental health facility before reaching 18 years of age, the
17-15 juvenile court may:
17-16 (1) dismiss the juvenile court proceedings with
17-17 prejudice; or
17-18 (2) continue with proceedings under this title as
17-19 though no order of mental health services had been made.
17-20 Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
17-21 (a) [(f)] The juvenile court shall transfer all pending proceedings
17-22 from the juvenile court to a criminal court on the 18th birthday of
17-23 a child for whom the juvenile court or a court to which the child's
17-24 case is referred under Section 55.12(2) has ordered inpatient
17-25 mental health services [under this section] if:
17-26 (1) the child is not discharged or furloughed from the
17-27 residential care facility before reaching 18 years of age; and
18-1 (2) the child is alleged to have engaged in delinquent
18-2 conduct that included a violation of a penal law listed in Section
18-3 53.045 and no adjudication hearing has been conducted concerning
18-4 the conduct.
18-5 (b) [(g)] The juvenile court shall send notification of the
18-6 transfer of a child under Subsection (a) [(f)] to the inpatient
18-7 mental health [residential care] facility. The criminal court
18-8 shall, within 90 days of the transfer, institute proceedings under
18-9 Article 46.02, Code of Criminal Procedure. If those or any
18-10 subsequent proceedings result in a determination that the defendant
18-11 is competent to stand trial, the defendant may not receive a
18-12 punishment for the delinquent conduct described by Subsection
18-13 (a)(2) [(f)(2)] that results in confinement for a period longer
18-14 than the maximum period of confinement the defendant could have
18-15 received if the defendant had been adjudicated for the delinquent
18-16 conduct while still a child and within the jurisdiction of the
18-17 juvenile court.
18-18 (Sections 55.20-55.30 reserved for expansion)
18-19 SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF
18-20 MENTAL ILLNESS OR MENTAL RETARDATION
18-21 [Sec. 55.03. CHILD WITH MENTAL RETARDATION. (a) If a child
18-22 is found or alleged to be unfit to proceed as a result of mental
18-23 retardation under Section 55.04 or is found not responsible for the
18-24 child's conduct as a result of mental retardation under Section
18-25 55.05, the court shall order a determination of mental retardation
18-26 and an interdisciplinary team recommendation of the child, as
18-27 provided by Chapter 593, Health and Safety Code, to be performed at
19-1 a facility approved or operated by the Texas Department of Mental
19-2 Health and Mental Retardation or at a community center established
19-3 in accordance with Chapter 534, Health and Safety Code.]
19-4 [(b) A child alleged or found to have engaged in delinquent
19-5 conduct or conduct indicating a need for supervision may be
19-6 committed to a residential care facility if:]
19-7 [(1) the child is found unfit to proceed as a result
19-8 of mental retardation under Section 55.04 of this chapter or is
19-9 found not responsible for the child's conduct as a result of mental
19-10 retardation under Section 55.05 of this chapter; and]
19-11 [(2) the child meets the criteria for commitment as
19-12 provided in Subchapter C, Chapter 593, Health and Safety Code.]
19-13 [(c) Subtitle D, Title 7, Health and Safety Code, governs
19-14 proceedings for commitment of a child under this section except
19-15 that:]
19-16 [(1) the juvenile court shall conduct the proceedings
19-17 whether or not the juvenile court is also a county court; and]
19-18 [(2) on receipt of the court's order entering the
19-19 findings required by Subtitle D, Title 7, Health and Safety Code,
19-20 and Subsection (b)(1) of this section, the Texas Department of
19-21 Mental Health and Mental Retardation or the appropriate community
19-22 center shall admit the child to a residential care facility.]
19-23 [(d) If the juvenile court enters an order committing the
19-24 child to a residential care facility, the child shall be cared for,
19-25 treated, and released in conformity to Subtitle D, Title 7, Health
19-26 and Safety Code, except that the administrator of the residential
19-27 care facility shall notify, in writing, the juvenile court that
20-1 ordered commitment of the child of the intent to discharge the
20-2 child from the residential care facility or to furlough the child
20-3 to an alternative placement at least 20 days prior to the date of
20-4 the discharge or furlough.]
20-5 [(e) If the juvenile court orders commitment of a child to a
20-6 residential care facility, the proceedings under this title then
20-7 pending in juvenile court shall be stayed.]
20-8 [(f) If the child committed to a residential care facility
20-9 is discharged or furloughed from the residential care facility as
20-10 provided by Subsection (d) of this section and in accordance with
20-11 Subtitle D, Title 7, Health and Safety Code, before reaching 18
20-12 years of age, the juvenile court may:]
20-13 [(1) dismiss the juvenile court proceedings with
20-14 prejudice; or]
20-15 [(2) continue with proceedings under this title as
20-16 though no order of commitment had been made.]
20-17 [(g) The juvenile court shall transfer all pending
20-18 proceedings from the juvenile court to a criminal court on the 18th
20-19 birthday of a child committed to a residential care facility if:]
20-20 [(1) the child is not discharged or furloughed from
20-21 the residential care facility before reaching 18 years of age; and]
20-22 [(2) the child is alleged to have engaged in
20-23 delinquent conduct that included a violation of a penal law listed
20-24 in Section 53.045.]
20-25 [(h) The juvenile court shall send notification of the
20-26 transfer of a child under Subsection (g) to the residential care
20-27 facility. The criminal court shall, within 90 days of the
21-1 transfer, institute proceedings under Article 46.02, Code of
21-2 Criminal Procedure. If those or any subsequent proceedings result
21-3 in a determination that the defendant is competent to stand trial,
21-4 the defendant may not receive a punishment for the delinquent
21-5 conduct described by Subsection (g)(2) that results in confinement
21-6 for a period longer than the maximum period of confinement the
21-7 defendant could have received if the defendant had been adjudicated
21-8 for the delinquent conduct while still a child and within the
21-9 jurisdiction of the juvenile court.]
21-10 Sec. 55.31 [55.04]. UNFITNESS TO PROCEED DETERMINATION;
21-11 EXAMINATION. (a) A child alleged by petition or found to have
21-12 engaged in delinquent conduct or conduct indicating a need for
21-13 supervision who as a result of mental illness or mental retardation
21-14 lacks capacity to understand the proceedings in juvenile court or
21-15 to assist in the child's [his] own defense is unfit to proceed and
21-16 shall not be subjected to discretionary transfer to criminal court,
21-17 adjudication, disposition, or modification of disposition as long
21-18 as such incapacity endures.
21-19 (b) On a [If on] motion by a party, the juvenile court shall
21-20 determine whether probable cause exists to believe that a child who
21-21 is alleged by petition or who is found to have engaged in
21-22 delinquent conduct or conduct indicating a need for supervision is
21-23 [or the court it is alleged that a child may be] unfit to proceed
21-24 as a result of mental illness or mental retardation[, the court
21-25 shall order appropriate examinations as provided by Section 55.01
21-26 of this chapter]. In making its determination, the court may:
21-27 (1) consider the motion, supporting documents,
22-1 professional statements of counsel, and witness testimony; and
22-2 (2) make its own observation of the child.
22-3 (c) If the court determines that probable cause exists to
22-4 believe that the child is unfit to proceed, the court shall
22-5 temporarily stay the juvenile court proceedings and immediately
22-6 order the child to be examined under Section 51.20. The
22-7 information obtained from the examination [examinations] must
22-8 include expert opinion as to whether the child is unfit to proceed
22-9 as a result of mental illness or mental retardation.
22-10 (d) After considering all relevant information, including
22-11 information obtained from an examination under Section 51.20, the
22-12 court shall:
22-13 (1) if the court determines that evidence exists to
22-14 support a finding that the child is unfit to proceed, proceed under
22-15 Section 55.32; or
22-16 (2) if the court determines that evidence does not
22-17 exist to support a finding that the child is unfit to proceed,
22-18 dissolve the stay and continue the juvenile court proceedings.
22-19 Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If
22-20 the juvenile court determines that evidence exists to support a
22-21 finding that a child is unfit to proceed as a result of mental
22-22 illness or mental retardation, the court shall set the case for a
22-23 hearing on that issue.
22-24 (b) [(c)] The issue of [court or jury shall determine]
22-25 whether the child is unfit to proceed as a result of mental illness
22-26 or mental retardation shall be determined at a hearing separate
22-27 from any other [the adjudication] hearing.
23-1 (c) The court shall determine the issue of whether the child
23-2 is unfit to proceed unless the child or the attorney for the child
23-3 demands a jury before the 10th day before the date of the hearing.
23-4 (d) Unfitness to proceed as a result of mental illness or
23-5 mental retardation must be proved by a preponderance of the
23-6 evidence.
23-7 (e) If the court or jury determines that the child is fit to
23-8 proceed, the juvenile court shall continue with proceedings under
23-9 this title as though no question of fitness to proceed had been
23-10 raised.
23-11 (f) If the court or jury determines that the child is unfit
23-12 to proceed as a result of mental illness or mental retardation, the
23-13 court shall:
23-14 (1) stay the juvenile court proceedings for as long as
23-15 that incapacity endures; and
23-16 (2) proceed under Section 55.33 [initiate proceedings
23-17 under Section 55.02 or Section 55.03 of this chapter].
23-18 (g) [A proceeding to determine fitness to proceed may be
23-19 joined with proceedings under Sections 55.02 and 55.03 of this
23-20 chapter.]
23-21 [(h)] The fact that the child is unfit to proceed as a
23-22 result of mental illness or mental retardation does not preclude
23-23 any legal objection to the juvenile court proceedings which is
23-24 susceptible of fair determination prior to the adjudication hearing
23-25 and without the personal participation of the child.
23-26 Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
23-27 PROCEED. (a) If the juvenile court or jury determines that a
24-1 child is unfit to proceed under Section 55.32, the court shall:
24-2 (1) if the unfitness to proceed is a result of mental
24-3 illness or mental retardation:
24-4 (A) order the child placed with the Texas
24-5 Department of Mental Health and Mental Retardation for 90 days for
24-6 placement in a facility designated by the department; or
24-7 (B) on application by the child's parent,
24-8 guardian, or guardian ad litem, order the child placed in a private
24-9 psychiatric inpatient facility for 90 days, but only if the
24-10 placement is agreed to in writing by the administrator of the
24-11 facility; or
24-12 (2) if the unfitness to proceed is a result of mental
24-13 illness and the court determines that the child may be adequately
24-14 treated in an alternative setting, order the child to receive
24-15 treatment for mental illness on an outpatient basis for 90 days.
24-16 (b) If the court orders a child placed in a private
24-17 psychiatric inpatient facility under Subsection (a)(1)(B), the
24-18 state or a political subdivision of the state is not required to
24-19 pay any costs associated with the child's placement.
24-20 Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY. (a) If
24-21 the court issues a placement order under Section 55.33(a)(1), the
24-22 court shall order the probation department or sheriff's department
24-23 to transport the child to the designated facility.
24-24 (b) On receipt of a report from a facility to which a child
24-25 has been transported under Subsection (a), the court shall order
24-26 the probation department or sheriff's department to transport the
24-27 child from the facility to the court. If the child is not
25-1 transported to the court before the 11th day after the date of the
25-2 court's order, an authorized representative of the facility shall
25-3 transport the child from the facility to the court.
25-4 (c) The county in which the juvenile court is located shall
25-5 reimburse the facility for the costs incurred in transporting the
25-6 child to the juvenile court as required by Subsection (b).
25-7 Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY;
25-8 REPORT TO COURT. (a) If the juvenile court issues a placement
25-9 order under Section 55.33(a), the court shall order the probation
25-10 department to send copies of any information in the possession of
25-11 the department and relevant to the issue of the child's mental
25-12 illness or mental retardation to the public or private facility or
25-13 outpatient center, as appropriate.
25-14 (b) Not later than the 75th day after the date the court
25-15 issues a placement order under Section 55.33(a), the public or
25-16 private facility or outpatient center, as appropriate, shall submit
25-17 to the court a report that:
25-18 (1) describes the treatment of the child provided by
25-19 the facility or center; and
25-20 (2) states the opinion of the director of the facility
25-21 or center as to whether the child is fit or unfit to proceed.
25-22 (c) The court shall provide a copy of the report submitted
25-23 under Subsection (b) to the prosecuting attorney and the attorney
25-24 for the child.
25-25 Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
25-26 OBJECTION. (a) If a report submitted under Section 55.35(b)
25-27 states that a child is fit to proceed, the juvenile court shall
26-1 find that the child is fit to proceed unless the child's attorney
26-2 objects in writing or in open court not later than the second day
26-3 after the date the attorney receives a copy of the report under
26-4 Section 55.35(c).
26-5 (b) On objection by the child's attorney under Subsection
26-6 (a), the juvenile court shall hold a hearing to determine whether
26-7 the child is fit to proceed not later than the date that the
26-8 placement order issued under Section 55.33(a) expires. At the
26-9 hearing, the court shall determine the issue of the fitness of the
26-10 child to proceed unless the child or the child's attorney demands
26-11 in writing a jury before the 10th day before the date of the
26-12 hearing.
26-13 (c) If, after a hearing, the court or jury finds that the
26-14 child is fit to proceed, the court shall dissolve the stay and
26-15 continue the juvenile court proceedings as though a question of
26-16 fitness to proceed had not been raised.
26-17 (d) If, after a hearing, the court or jury finds that the
26-18 child is unfit to proceed, the court shall proceed under Section
26-19 55.37.
26-20 Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
26-21 RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS. If
26-22 a report submitted under Section 55.35(b) states that a child is
26-23 unfit to proceed as a result of mental illness and that the child
26-24 meets the commitment criteria for civil commitment under Subtitle
26-25 C, Title 7, Health and Safety Code, the director of the public or
26-26 private facility or outpatient center, as appropriate, shall submit
26-27 to the court two certificates of medical examination for mental
27-1 illness. On receipt of the certificates, the court shall:
27-2 (1) initiate proceedings as provided by Section 55.38
27-3 in the juvenile court for commitment of the child under Subtitle C,
27-4 Title 7, Health and Safety Code; or
27-5 (2) refer the child's case as provided by Section
27-6 55.39 to the appropriate court for the initiation of proceedings in
27-7 that court for commitment of the child under Subtitle C, Title 7,
27-8 Health and Safety Code.
27-9 Sec. 55.38. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
27-10 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
27-11 proceedings under Section 55.37(1), the prosecuting attorney or
27-12 the attorney for the child may file with the juvenile court an
27-13 application for court-ordered mental health services under Section
27-14 574.001, Health and Safety Code. The juvenile court shall:
27-15 (1) set a date for a hearing and provide notice as
27-16 required by Sections 574.005 and 574.006, Health and Safety Code;
27-17 and
27-18 (2) conduct the hearing in accordance with Subchapter
27-19 C, Chapter 574, Health and Safety Code.
27-20 (b) After conducting a hearing under Subsection (a)(2), the
27-21 juvenile court shall:
27-22 (1) if the criteria under Section 574.034, Health and
27-23 Safety Code, are satisfied, order temporary mental health services;
27-24 or
27-25 (2) if the criteria under Section 574.035, Health and
27-26 Safety Code, are satisfied, order extended mental health services.
27-27 Sec. 55.39. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
28-1 ILLNESS. (a) If the juvenile court refers the child's case to an
28-2 appropriate court for the initiation of commitment proceedings
28-3 under Section 55.37(2), the juvenile court shall:
28-4 (1) send all papers relating to the child's unfitness
28-5 to proceed, including the verdict and judgment of the juvenile
28-6 court finding the child unfit to proceed, to the clerk of the court
28-7 to which the case is referred;
28-8 (2) send to the office of the appropriate county or
28-9 district attorney copies of all papers sent to the clerk of the
28-10 court under Subdivision (1); and
28-11 (3) if the child is in detention:
28-12 (A) order the child released from detention to
28-13 the child's home or another appropriate place;
28-14 (B) order the child detained in an appropriate
28-15 place other than a juvenile detention facility; or
28-16 (C) if an appropriate place to release or detain
28-17 the child as described by Paragraph (A) or (B) is not available,
28-18 order the child to remain in the juvenile detention facility
28-19 subject to further detention orders of the court.
28-20 (b) The papers sent to a court under Subsection (a)(1)
28-21 constitute an application for mental health services under Section
28-22 574.001, Health and Safety Code.
28-23 Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
28-24 RESULT OF MENTAL RETARDATION. If a report submitted under Section
28-25 55.35(b) states that a child is unfit to proceed as a result of
28-26 mental retardation and that the child meets the commitment criteria
28-27 for civil commitment under Subtitle D, Title 7, Health and Safety
29-1 Code, the director of the public or private facility or outpatient
29-2 center, as appropriate, shall submit to the court an affidavit
29-3 stating the conclusions reached as a result of the diagnosis. On
29-4 receipt of the affidavit, the court shall:
29-5 (1) initiate proceedings as provided by Section 55.41
29-6 in the juvenile court for commitment of the child under Subtitle D,
29-7 Title 7, Health and Safety Code; or
29-8 (2) refer the child's case as provided by Section
29-9 55.42 to the appropriate court for the initiation of proceedings in
29-10 that court for commitment of the child under Subtitle D, Title 7,
29-11 Health and Safety Code.
29-12 Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
29-13 MENTAL RETARDATION. (a) If the juvenile court initiates
29-14 commitment proceedings under Section 55.40(1), the prosecuting
29-15 attorney may file with the juvenile court an application for
29-16 placement under Section 593.041, Health and Safety Code. The
29-17 juvenile court shall:
29-18 (1) set a date for a hearing and provide notice as
29-19 required by Sections 593.047 and 593.048, Health and Safety Code;
29-20 and
29-21 (2) conduct the hearing in accordance with Sections
29-22 593.049-593.056, Health and Safety Code.
29-23 (b) After conducting a hearing under Subsection (a)(2), the
29-24 juvenile court may order commitment of the child to a residential
29-25 care facility if the commitment criteria under Section 593.052,
29-26 Health and Safety Code, are satisfied.
29-27 Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
30-1 RETARDATION. (a) If the juvenile court refers the child's case to
30-2 an appropriate court for the initiation of commitment proceedings
30-3 under Section 55.40(2), the juvenile court shall:
30-4 (1) send all papers relating to the child's mental
30-5 retardation to the clerk of the court to which the case is
30-6 referred;
30-7 (2) send to the office of the appropriate county or
30-8 district attorney copies of all papers sent to the clerk of the
30-9 court under Subdivision (1); and
30-10 (3) if the child is in detention:
30-11 (A) order the child released from detention to
30-12 the child's home or another appropriate place;
30-13 (B) order the child detained in an appropriate
30-14 place other than a juvenile detention facility; or
30-15 (C) if an appropriate place to release or detain
30-16 the child as described by Paragraph (A) or (B) is not available,
30-17 order the child to remain in the juvenile detention facility
30-18 subject to further detention orders of the court.
30-19 (b) The papers sent to a court under Subsection (a)(1)
30-20 constitute an application for placement under Section 593.041,
30-21 Health and Safety Code.
30-22 Sec. 55.43. RESTORATION HEARING. (a) The prosecuting
30-23 attorney may file with the juvenile court a motion for a
30-24 restoration hearing concerning a child if:
30-25 (1) the child is found unfit to proceed as a result of
30-26 mental illness or mental retardation; and
30-27 (2) the child:
31-1 (A) is not:
31-2 (i) ordered by a court to receive
31-3 inpatient mental health services;
31-4 (ii) committed by a court to a residential
31-5 care facility; or
31-6 (iii) ordered by a court to receive
31-7 treatment on an outpatient basis; or
31-8 (B) is discharged or furloughed from a mental
31-9 health facility or outpatient center before the child reaches 18
31-10 years of age.
31-11 (b) At the restoration hearing, the court shall determine
31-12 the issue of whether the child is fit to proceed.
31-13 (c) The restoration hearing shall be conducted without a
31-14 jury.
31-15 (d) The issue of fitness to proceed must be proved by a
31-16 preponderance of the evidence.
31-17 (e) If, after a hearing, the court finds that the child is
31-18 fit to proceed, the court shall continue the juvenile court
31-19 proceedings.
31-20 (f) If, after a hearing, the court finds that the child is
31-21 unfit to proceed, the court shall dismiss the motion for
31-22 restoration.
31-23 Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
31-24 CHILD. (a) The juvenile court shall transfer all pending
31-25 proceedings from the juvenile court to a criminal court on the 18th
31-26 birthday of a child for whom the juvenile court or a court to which
31-27 the child's case is referred under Section 55.37(2) has ordered
32-1 inpatient mental health services or residential care if:
32-2 (1) the child is not discharged or furloughed from the
32-3 residential care facility before reaching 18 years of age; and
32-4 (2) the child is alleged to have engaged in delinquent
32-5 conduct that included a violation of a penal law listed in Section
32-6 53.045 and an adjudication hearing has not been conducted
32-7 concerning the conduct.
32-8 (b) The juvenile court shall send notification of the
32-9 transfer of a child under Subsection (a) to the residential care
32-10 facility. The criminal court shall, before the 91st day after the
32-11 date of the transfer, institute proceedings under Article 46.02,
32-12 Code of Criminal Procedure. If those or any subsequent proceedings
32-13 result in a determination that the defendant is competent to stand
32-14 trial, the defendant may not receive a punishment for the
32-15 delinquent conduct described by Subsection (a)(2) that results in
32-16 confinement for a period longer than the maximum period of
32-17 confinement the defendant could have received if the defendant had
32-18 been adjudicated for the delinquent conduct while still a child and
32-19 within the jurisdiction of the juvenile court.
32-20 (Sections 55.45-55.50 reserved for expansion
32-21 SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS
32-22 A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
32-23 Sec. 55.51 [55.05]. LACK OF RESPONSIBILITY FOR CONDUCT
32-24 DETERMINATION; EXAMINATION. (a) A child alleged by petition to
32-25 have engaged in delinquent conduct or conduct indicating a need for
32-26 supervision is not responsible for the conduct if at the time of
32-27 the conduct, as a result of mental illness or mental retardation,
33-1 the child [he] lacks substantial capacity either to appreciate the
33-2 wrongfulness of the child's [his] conduct or to conform the child's
33-3 [his] conduct to the requirements of law.
33-4 (b) On a [If on] motion by [of] a party in which [or the
33-5 court] it is alleged that a [the] child may not be responsible as a
33-6 result of mental illness or mental retardation for the child's
33-7 conduct, the court shall order the child to be examined under
33-8 [appropriate examinations as provided by] Section 51.20 [55.01 of
33-9 this chapter]. The information obtained from the examinations must
33-10 include expert opinion as to whether the child is not responsible
33-11 for the child's conduct as a result of mental illness or mental
33-12 retardation.
33-13 (c) The issue of whether the child is not responsible for
33-14 the child's [his] conduct as a result of mental illness or mental
33-15 retardation shall be tried to the court or jury in the adjudication
33-16 hearing.
33-17 (d) Lack of responsibility for conduct as a result of mental
33-18 illness or mental retardation must be proved by a preponderance of
33-19 the evidence.
33-20 (e) In its findings or verdict the court or jury must state
33-21 whether the child is not responsible for the child's [his] conduct
33-22 as a result of mental illness or mental retardation.
33-23 (f) If the court or jury finds the child is not responsible
33-24 for the child's [his] conduct as a result of mental illness or
33-25 mental retardation, the court shall proceed [initiate proceedings]
33-26 under Section 55.52 [55.02 or 55.03 of this chapter].
33-27 (g) A child found to be not responsible for the child's
34-1 [his] conduct as a result of mental illness or mental retardation
34-2 shall not be subject to proceedings under this title with respect
34-3 to such conduct, other than proceedings under Section 55.52 [55.02
34-4 or 55.03 of this chapter].
34-5 Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
34-6 RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
34-7 child is not responsible for the child's conduct under Section
34-8 55.51, the court shall:
34-9 (1) if the lack of responsibility is a result of
34-10 mental illness or mental retardation:
34-11 (A) order the child placed with the Texas
34-12 Department of Mental Health and Mental Retardation for 90 days for
34-13 placement in a facility designated by the department; or
34-14 (B) on application by the child's parent,
34-15 guardian, or guardian ad litem, order the child placed in a private
34-16 psychiatric inpatient facility for 90 days, but only if the
34-17 placement is agreed to in writing by the administrator of the
34-18 facility; or
34-19 (2) if the child's lack of responsibility is a result
34-20 of mental illness and the court determines that the child may be
34-21 adequately treated in an alternative setting, order the child to
34-22 receive treatment on an outpatient basis for 90 days.
34-23 (b) If the court orders a child placed in a private
34-24 psychiatric inpatient facility under Subsection (a)(1)(B), the
34-25 state or political subdivision of the state is not required to pay
34-26 any costs associated with the child's placement.
34-27 Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. (a) If
35-1 the court issues a placement order under Section 55.52(a)(1), the
35-2 court shall order the probation department or sheriff's department
35-3 to transport the child to the designated facility.
35-4 (b) On receipt of a report from a facility to which a child
35-5 has been transported under Subsection (a), the court shall order
35-6 the probation department or sheriff's department to transport the
35-7 child from the facility to the court. If the child is not
35-8 transported to the court before the 11th day after the date of the
35-9 court's order, an authorized representative of the facility shall
35-10 transport the child from the facility to the court.
35-11 (c) The county in which the juvenile court is located shall
35-12 reimburse the facility for the costs incurred in transporting the
35-13 child to the juvenile court as required by Subsection (b).
35-14 Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY;
35-15 REPORT TO COURT. (a) If the juvenile court issues a placement
35-16 order under Section 55.52(a), the court shall order the probation
35-17 department to send copies of any information in the possession of
35-18 the department and relevant to the issue of the child's mental
35-19 illness or mental retardation to the public or private facility or
35-20 outpatient center, as appropriate.
35-21 (b) Not later than the 75th day after the date the court
35-22 issues a placement order under Section 55.52(a), the public or
35-23 private facility or outpatient center, as appropriate, shall submit
35-24 to the court a report that:
35-25 (1) describes the treatment of the child provided by
35-26 the facility or center; and
35-27 (2) states the opinion of the director of the facility
36-1 or center as to whether the child is mentally ill or mentally
36-2 retarded.
36-3 (c) The court shall send a copy of the report submitted
36-4 under Subsection (b) to the prosecuting attorney and the attorney
36-5 for the child.
36-6 Sec. 55.55. REPORT THAT CHILD IS NOT MENTALLY ILL OR
36-7 MENTALLY RETARDED; HEARING ON OBJECTION. (a) If a report
36-8 submitted under Section 55.54(b) states that a child does not have
36-9 a mental illness or mental retardation, the juvenile court shall
36-10 discharge the child unless:
36-11 (1) the child was adjudicated as having engaged in
36-12 conduct that included a violation of a penal law listed in Section
36-13 53.045(a) and a petition was approved by a grand jury under Section
36-14 53.045; and
36-15 (2) the prosecuting attorney objects in writing not
36-16 later than the second day after the date the attorney receives a
36-17 copy of the report under Section 55.54(c).
36-18 (b) On objection by the prosecuting attorney under
36-19 Subsection (a), the juvenile court shall hold a hearing without a
36-20 jury to determine whether the child has a mental illness or mental
36-21 retardation and whether the child meets the commitment criteria for
36-22 civil commitment under Subtitle C or D, Title 7, Health and Safety
36-23 Code.
36-24 (c) At the hearing, the burden is on the state to prove by
36-25 clear and convincing evidence that the child has a mental illness
36-26 or mental retardation and that the child meets the commitment
36-27 criteria for civil commitment under Subtitle C or D, Title 7,
37-1 Health and Safety Code.
37-2 (d) If, after a hearing, the court finds that the child does
37-3 not have a mental illness or mental retardation and that the child
37-4 does not meet the commitment criteria under Subtitle C or D, Title
37-5 7, Health and Safety Code, the court shall discharge the child.
37-6 (e) If, after a hearing, the court finds that the child has
37-7 a mental illness or mental retardation and that the child meets the
37-8 commitment criteria under Subtitle C or D, Title 7, Health and
37-9 Safety Code, the court shall issue an appropriate commitment order.
37-10 Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
37-11 OF COMMITMENT PROCEEDINGS. If a report submitted under Section
37-12 55.54(b) states that a child has a mental illness and that the
37-13 child meets the commitment criteria for civil commitment under
37-14 Subtitle C, Title 7, Health and Safety Code, the director of the
37-15 public or private facility or outpatient center, as appropriate,
37-16 shall submit to the court two certificates of medical examination
37-17 for mental illness. On receipt of the certificates, the court
37-18 shall:
37-19 (1) initiate proceedings as provided by Section 55.57
37-20 in the juvenile court for commitment of the child under Subtitle C,
37-21 Title 7, Health and Safety Code; or
37-22 (2) refer the child's case as provided by Section
37-23 55.58 to the appropriate court for the initiation of proceedings in
37-24 that court for commitment of the child under Subtitle C, Title 7,
37-25 Health and Safety Code.
37-26 Sec. 55.57. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
37-27 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
38-1 proceedings under Section 55.56(1), the prosecuting attorney or
38-2 the attorney for the child may file with the juvenile court an
38-3 application for court-ordered mental health services under Section
38-4 574.001, Health and Safety Code. The juvenile court shall:
38-5 (1) set a date for a hearing and provide notice as
38-6 required by Sections 574.005 and 574.006, Health and Safety Code;
38-7 and
38-8 (2) conduct the hearing in accordance with Subchapter
38-9 C, Chapter 574, Health and Safety Code.
38-10 (b) After conducting a hearing under Subsection (a)(2), the
38-11 juvenile court shall:
38-12 (1) if the criteria under Section 574.034, Health and
38-13 Safety Code, are satisfied, order temporary mental health services;
38-14 or
38-15 (2) if the criteria under Section 574.035, Health and
38-16 Safety Code, are satisfied, order extended mental health services.
38-17 Sec. 55.58. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
38-18 ILLNESS. (a) If the juvenile court refers the child's case to an
38-19 appropriate court for the initiation of commitment proceedings
38-20 under Section 55.56(2), the juvenile court shall:
38-21 (1) send all papers relating to the child's mental
38-22 illness, including the verdict and judgment of the juvenile court
38-23 finding that the child was not responsible for the child's conduct,
38-24 to the clerk of the court to which the case is referred;
38-25 (2) send to the office of the appropriate county or
38-26 district attorney copies of all papers sent to the clerk of the
38-27 court under Subdivision (1); and
39-1 (3) if the child is in detention:
39-2 (A) order the child released from detention to
39-3 the child's home or another appropriate place;
39-4 (B) order the child detained in an appropriate
39-5 place other than a juvenile detention facility; or
39-6 (C) if an appropriate place to release or detain
39-7 the child as described by Paragraph (A) or (B) is not available,
39-8 order the child to remain in the juvenile detention facility
39-9 subject to further detention orders of the court.
39-10 (b) The papers sent to a court under Subsection (a)(1)
39-11 constitute an application for mental health services under Section
39-12 574.001, Health and Safety Code.
39-13 Sec. 55.59. REPORT THAT CHILD HAS MENTAL RETARDATION;
39-14 INITIATION OF COMMITMENT PROCEEDINGS. If a report submitted under
39-15 Section 55.54(b) states that a child has mental retardation and
39-16 that the child meets the commitment criteria for civil commitment
39-17 under Subtitle D, Title 7, Health and Safety Code, the director of
39-18 the public or private facility or outpatient center, as
39-19 appropriate, shall submit to the court an affidavit stating the
39-20 conclusions reached as a result of the diagnosis. On receipt of an
39-21 affidavit, the juvenile court shall:
39-22 (1) initiate proceedings in the juvenile court as
39-23 provided by Section 55.60 for commitment of the child under
39-24 Subtitle D, Title 7, Health and Safety Code; or
39-25 (2) refer the child's case to the appropriate court as
39-26 provided by Section 55.61 for the initiation of proceedings in that
39-27 court for commitment of the child under Subtitle D, Title 7, Health
40-1 and Safety Code.
40-2 Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
40-3 MENTAL RETARDATION. (a) If the juvenile court initiates
40-4 commitment proceedings under Section 55.59(1), the prosecuting
40-5 attorney may file with the juvenile court an application for
40-6 placement under Section 593.041, Health and Safety Code. The
40-7 juvenile court shall:
40-8 (1) set a date for a hearing and provide notice as
40-9 required by Sections 593.047 and 593.048, Health and Safety Code;
40-10 and
40-11 (2) conduct the hearing in accordance with Sections
40-12 593.049-593.056, Health and Safety Code.
40-13 (b) After conducting a hearing under Subsection (a)(2), the
40-14 juvenile court may order commitment of the child to a residential
40-15 care facility only if the commitment criteria under Section
40-16 593.052, Health and Safety Code, are satisfied.
40-17 Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
40-18 RETARDATION. (a) If the juvenile court refers the child's case to
40-19 an appropriate court for the initiation of commitment proceedings
40-20 under Section 55.59(2), the juvenile court shall:
40-21 (1) send all papers relating to the child's mental
40-22 retardation to the clerk of the court to which the case is
40-23 referred;
40-24 (2) send to the office of the appropriate county or
40-25 district attorney copies of all papers sent to the clerk of the
40-26 court under Subdivision (1); and
40-27 (3) if the child is in detention:
41-1 (A) order the child released from detention to
41-2 the child's home or another appropriate place;
41-3 (B) order the child detained in an appropriate
41-4 place other than a juvenile detention facility; or
41-5 (C) if an appropriate place to release or detain
41-6 the child as described by Paragraph (A) or (B) is not available,
41-7 order the child to remain in the juvenile detention facility
41-8 subject to further detention orders of the court.
41-9 (b) The papers sent to a court under Subsection (a)(1)
41-10 constitute an application for placement under Section 593.041,
41-11 Health and Safety Code.
41-12 SECTION 14. Section 56.01(c), Family Code, is amended to
41-13 read as follows:
41-14 (c) An appeal may be taken:
41-15 (1) by or on behalf of a child from an order entered
41-16 under:
41-17 (A) Section 54.03 [of this code] with regard to
41-18 delinquent conduct or conduct indicating a need for supervision;
41-19 (B) Section 54.04 [of this code] disposing of
41-20 the case;
41-21 (C) Section 54.05 [of this code] respecting
41-22 modification of a previous juvenile court disposition; or
41-23 (D) Chapter 55 by a juvenile court [of this
41-24 code] committing a child to a facility for the mentally ill or
41-25 mentally retarded; or
41-26 (2) by a person from an order entered under Section
41-27 54.11(i)(2) [of this code] transferring the person to the custody
42-1 of the institutional division of the Texas Department of Criminal
42-2 Justice.
42-3 SECTION 15. Section 58.001(c), Family Code, is amended to
42-4 read as follows:
42-5 (c) A law enforcement agency shall [may] forward
42-6 information, including [photographs and] fingerprints, relating to
42-7 a child who has been [detained or] taken into custody under Section
42-8 52.01 by the agency to the Department of Public Safety for
42-9 inclusion in the juvenile justice information system created under
42-10 Subchapter B, but only if the child is referred to juvenile court
42-11 on or before the 10th day after the date the child is [detained or]
42-12 taken into custody. If the child is not referred to juvenile court
42-13 within that time, the law enforcement agency shall destroy all
42-14 information, including photographs and fingerprints, relating to
42-15 the child unless the child is placed in a first offender program
42-16 under Section 52.031 or on informal disposition under Section
42-17 52.03. The law enforcement agency may not forward any information
42-18 to the Department of Public Safety relating to the child while the
42-19 child is in a first offender program under Section 52.031, or
42-20 during the 90 days following successful completion of the program
42-21 or while the child is on informal disposition under Section 52.03.
42-22 Except as provided by Subsection (f), after the date the child
42-23 completes an informal disposition under Section 52.03 or after the
42-24 90th day after the date the child successfully completes a first
42-25 offender program under Section 52.031, the law enforcement agency
42-26 shall destroy all information, including photographs and
42-27 fingerprints, relating to the child.
43-1 SECTION 16. Section 58.002(a), Family Code, is amended to
43-2 read as follows:
43-3 (a) Except as provided by Chapter 79, Human Resources Code,
43-4 a child may not be photographed or fingerprinted without the
43-5 consent of the juvenile court unless the child is taken into
43-6 custody or referred to the juvenile court for conduct that
43-7 constitutes a felony or a misdemeanor punishable by confinement in
43-8 jail.
43-9 SECTION 17. Section 58.007, Family Code, is amended by
43-10 adding Subsection (h) to read as follows:
43-11 (h) The juvenile court may disseminate to the public the
43-12 following information relating to a child who is the subject of a
43-13 directive to apprehend or a warrant of arrest and who cannot be
43-14 located for the purpose of apprehension:
43-15 (1) the child's name, including other names by which
43-16 the child is known;
43-17 (2) the child's physical description, including sex,
43-18 weight, height, race, ethnicity, eye color, hair color, scars,
43-19 marks, and tattoos;
43-20 (3) a photograph of the child; and
43-21 (4) a description of the conduct the child is alleged
43-22 to have committed, including the level and degree of the alleged
43-23 offense.
43-24 SECTION 18. Section 58.106(c), Family Code, is amended to
43-25 read as follows:
43-26 (c) The department may, if necessary to protect the welfare
43-27 of the community, disseminate to the public the following
44-1 information relating to a juvenile offender who has escaped from
44-2 the custody of the Texas Youth Commission or from another secure
44-3 detention or correctional facility:
44-4 (1) the juvenile offender's name, including other
44-5 names by which the juvenile [offender] is known;
44-6 (2) the juvenile offender's physical description,
44-7 including sex, weight, height, race, ethnicity, eye color, hair
44-8 color, scars, marks, and tattoos;
44-9 (3) a photograph of the juvenile offender; and
44-10 (4) a description of the conduct for which the
44-11 juvenile offender was committed to the Texas Youth Commission or
44-12 detained in the secure detention or correctional facility,
44-13 including the level and degree of the alleged offense.
44-14 SECTION 19. Section 59.003(a), Family Code, is amended to
44-15 read as follows:
44-16 (a) Subject to Subsection (e), after a child's first
44-17 commission of delinquent conduct or conduct indicating a need for
44-18 supervision, the probation department or prosecuting attorney may,
44-19 or the juvenile court may, in a disposition hearing under Section
44-20 54.04 or a modification hearing under Section 54.05, assign a child
44-21 one of the following sanction levels according to the child's
44-22 conduct:
44-23 (1) for conduct indicating a need for supervision,
44-24 other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
44-25 or a Class A or B misdemeanor, the sanction level is one;
44-26 (2) for conduct indicating a need for supervision
44-27 under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
45-1 misdemeanor, other than a misdemeanor involving the use or
45-2 possession of a firearm, or for delinquent conduct under Section
45-3 51.03(a)(2) or (3), the sanction level is two;
45-4 (3) for a misdemeanor involving the use or possession
45-5 of a firearm or for a state jail felony or a felony of the third
45-6 degree, the sanction level is three;
45-7 (4) for a felony of the second degree, the sanction
45-8 level is four;
45-9 (5) for a felony of the first degree, other than a
45-10 felony involving the use of a deadly weapon or causing serious
45-11 bodily injury, the sanction level is five;
45-12 (6) for a felony of the first degree involving the use
45-13 of a deadly weapon or causing serious bodily injury, for an
45-14 aggravated controlled substance felony, or for a capital felony,
45-15 the sanction level is six; or
45-16 (7) for a felony of the first degree involving the use
45-17 of a deadly weapon or causing serious bodily injury, for an
45-18 aggravated controlled substance felony, or for a capital felony, if
45-19 the petition has been approved by a grand jury under Section
45-20 53.045, or if a petition to transfer the child to criminal court
45-21 has been filed under Section 54.02, the sanction level is seven.
45-22 SECTION 20. Section 59.005(a), Family Code, is amended
45-23 to read as follows:
45-24 (a) For a child at sanction level two, the juvenile court,
45-25 the prosecuting attorney, or the probation department may, as
45-26 provided by Section 53.03:
45-27 (1) place the child on deferred prosecution [or
46-1 court-ordered probation] for not less than three months or more
46-2 than six months;
46-3 (2) require the child to make restitution to the
46-4 victim of the child's conduct or perform community service
46-5 restitution appropriate to the nature and degree of harm caused and
46-6 according to the child's ability;
46-7 (3) require the child's parents or guardians to
46-8 identify restrictions the parents or guardians will impose on the
46-9 child's activities and requirements the parents or guardians will
46-10 set for the child's behavior;
46-11 (4) provide the information required under Sections
46-12 59.004(a)(2) and (4);
46-13 (5) require the child or the child's parents or
46-14 guardians to participate in a program for services under Section
46-15 264.302, if a program under Section 264.302 is available to the
46-16 child or the child's parents or guardians;
46-17 (6) refer the child to a community-based citizen
46-18 intervention program approved by the juvenile court; and
46-19 (7) if appropriate, impose additional conditions of
46-20 probation.
46-21 SECTION 21. Section 232.002, Family Code, is amended to read
46-22 as follows:
46-23 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
46-24 following state agencies are licensing authorities subject to this
46-25 chapter:
46-26 (1) Department of Agriculture;
46-27 (2) Texas Commission on Alcohol and Drug Abuse;
47-1 (3) Texas Alcoholic Beverage Commission;
47-2 (4) Texas Appraiser Licensing and Certification Board;
47-3 (5) Texas Board of Architectural Examiners;
47-4 (6) State Board of Barber Examiners;
47-5 (7) Texas Board of Chiropractic Examiners;
47-6 (8) Comptroller of Public Accounts;
47-7 (9) Texas Cosmetology Commission;
47-8 (10) Court Reporters Certification Board;
47-9 (11) State Board of Dental Examiners;
47-10 (12) Texas State Board of Examiners of Dietitians;
47-11 (13) Texas Funeral Service Commission;
47-12 (14) Texas Department of Health;
47-13 (15) Texas Department of Human Services;
47-14 (16) Texas Board of Professional Land Surveying;
47-15 (17) Texas Department of Licensing and Regulation;
47-16 (18) Texas State Board of Examiners of Marriage and
47-17 Family Therapists;
47-18 (19) Texas State Board of Medical Examiners;
47-19 (20) Midwifery Board;
47-20 (21) Texas Natural Resource Conservation Commission;
47-21 (22) Board of Nurse Examiners;
47-22 (23) Texas Board of Occupational Therapy Examiners;
47-23 (24) Texas Optometry Board;
47-24 (25) Parks and Wildlife Department;
47-25 (26) Texas State Board of Examiners of Perfusionists;
47-26 (27) Texas State Board of Pharmacy;
47-27 (28) Texas Board of Physical Therapy Examiners;
48-1 (29) Texas State Board of Plumbing Examiners;
48-2 (30) Texas State Board of Podiatric Medical Examiners;
48-3 (31) Polygraph Examiners Board;
48-4 (32) Texas Board of Private Investigators and Private
48-5 Security Agencies;
48-6 (33) Texas State Board of Examiners of Professional
48-7 Counselors;
48-8 (34) State Board of Registration for Professional
48-9 Engineers;
48-10 (35) Department of Protective and Regulatory Services;
48-11 (36) Texas State Board of Examiners of Psychologists;
48-12 (37) Texas State Board of Public Accountancy;
48-13 (38) Department of Public Safety of the State of
48-14 Texas;
48-15 (39) Public Utility Commission of Texas;
48-16 (40) Railroad Commission of Texas;
48-17 (41) Texas Real Estate Commission;
48-18 (42) State Bar of Texas;
48-19 (43) Texas State Board of Social Worker Examiners;
48-20 (44) State Board of Examiners for Speech-Language
48-21 Pathology and Audiology;
48-22 (45) Texas Structural Pest Control Board;
48-23 (46) Board of Tax Professional Examiners;
48-24 (47) Secretary of State;
48-25 (48) Supreme Court of Texas;
48-26 (49) Texas Transportation Commission;
48-27 (50) State Board of Veterinary Medical Examiners;
49-1 (51) Board of Vocational Nurse Examiners;
49-2 (52) Texas Ethics Commission;
49-3 (53) Advisory Board of Athletic Trainers;
49-4 (54) State Committee of Examiners in the Fitting and
49-5 Dispensing of Hearing Instruments;
49-6 (55) Texas Board of Licensure for Professional Medical
49-7 Physicists; [and]
49-8 (56) Texas Department of Insurance;[.]
49-9 (57) Texas Board of Orthotics and Prosthetics; and
49-10 (58) Texas Juvenile Probation Commission.
49-11 SECTION 22. Section 261.101, Family Code, is amended by
49-12 adding Subsection (e) to read as follows:
49-13 (e) The requirement to report under this section does not
49-14 apply to a professional if:
49-15 (1) the professional has cause to believe that a child
49-16 has been abused or neglected based solely on a confession of a
49-17 person who:
49-18 (A) was a child at the time of the occurrence of
49-19 the alleged abuse or neglect; and
49-20 (B) is under the supervision of the juvenile
49-21 court or the Texas Youth Commission; and
49-22 (2) the professional's immediate supervisor determines
49-23 that the confession is too vague or that the alleged abuse or
49-24 neglect is too remote in time to form the basis of a meaningful
49-25 investigation.
49-26 SECTION 23. Section 261.405, Family Code, as amended by
49-27 Chapters 162 and 1374, Acts of the 75th Legislature, Regular
50-1 Session, 1997, is reenacted and amended to read as follows:
50-2 Sec. 261.405. INVESTIGATIONS IN [PRE-ADJUDICATION AND
50-3 POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
50-4 (a) A report of alleged abuse or neglect in a public or private
50-5 juvenile pre-adjudication secure detention facility, including
50-6 hold-over facilities, or public or private juvenile
50-7 post-adjudication secure correctional facility, except for a
50-8 facility operated solely for children committed to the Texas Youth
50-9 Commission, shall be made to a local law enforcement agency for
50-10 investigation. The local law enforcement agency shall:
50-11 (1) immediately notify the Texas Juvenile Probation
50-12 Commission of any report the agency receives; and
50-13 (2) conduct an investigation as provided by this
50-14 chapter.
50-15 (b) The Texas Juvenile Probation Commission shall conduct an
50-16 investigation as provided by this chapter if the commission
50-17 receives a report of alleged abuse or neglect in any program,
50-18 including a juvenile justice alternative education program,
50-19 operated wholly or partly by:
50-20 (1) a local juvenile probation department; or
50-21 (2) a private vendor operating under the authority of
50-22 a county juvenile board in accordance with the standards adopted by
50-23 the commission.
50-24 (c) In an investigation required under this section, the
50-25 investigating agency shall have access to medical and mental health
50-26 records as provided by Section 261.305 and Section 261.315, as
50-27 added by Chapter 575, Acts of the 75th Legislature, Regular
51-1 Session, 1997.
51-2 SECTION 24. Article 4.18, Code of Criminal Procedure, is
51-3 amended by adding Subsection (g) to read as follows:
51-4 (g) This article does not apply to a claim of a defect or
51-5 error in a discretionary transfer proceeding in juvenile court. A
51-6 defendant may appeal a defect or error only as provided by Article
51-7 44.47.
51-8 SECTION 25. Section 8(c), Article 42.09, Code of Criminal
51-9 Procedure, is amended to read as follows:
51-10 (c) A county that transfers a defendant to the Texas
51-11 Department of Criminal Justice under this article shall also
51-12 deliver to the designated officer any presentence or postsentence
51-13 investigation report, revocation report, psychological or
51-14 psychiatric evaluation of the defendant, including an evaluation
51-15 prepared for the juvenile court before transferring the defendant
51-16 to criminal court and contained in the criminal prosecutor's file,
51-17 and available social or psychological background information
51-18 relating to the defendant and may deliver to the designated officer
51-19 any additional information upon which the judge or jury bases the
51-20 punishment decision.
51-21 SECTION 26. Section 61.077, Human Resources Code, is amended
51-22 by adding Subsections (c)-(f) to read as follows:
51-23 (c) If a child who is discharged from the commission under
51-24 Subsection (b) as a result of mental illness is not receiving
51-25 court-ordered mental health services, the child's discharge is
51-26 effective on the earlier of:
51-27 (1) the date the court enters an order regarding an
52-1 application for mental health services filed under Section
52-2 61.0772(b); or
52-3 (2) the 30th day after the date the application is
52-4 filed.
52-5 (d) If a child who is discharged from the commission under
52-6 Subsection (b) as a result of mental illness is receiving
52-7 court-ordered mental health services, the child's discharge from
52-8 the commission is effective immediately. If the child is receiving
52-9 mental health services outside the child's home county, the
52-10 commission shall notify the mental health authority located in that
52-11 county of the discharge not later than the 30th day after the date
52-12 that the child's discharge is effective.
52-13 (e) If a child who is discharged from the commission under
52-14 Subsection (b) as a result of mental retardation is not receiving
52-15 mental retardation services, the child's discharge is effective on
52-16 the earlier of:
52-17 (1) the date the court enters an order regarding an
52-18 application for mental retardation services filed under Section
52-19 61.0772(c); or
52-20 (2) the 30th day after the date that the application
52-21 is filed.
52-22 (f) If a child who is discharged from the commission under
52-23 Subsection (b) as a result of mental retardation is receiving
52-24 mental retardation services, the child's discharge from the
52-25 commission is effective immediately.
52-26 SECTION 27. Sections 61.0772(b) and (c), Human Resources
52-27 Code, are amended to read as follows:
53-1 (b) Before [Not later than the 30th day before the date] a
53-2 child who is identified as mentally ill is discharged from the
53-3 commission's custody under Section 61.077(b), a commission
53-4 psychiatrist shall examine the child. The commission [psychiatrist]
53-5 shall file a sworn application for court-ordered mental health
53-6 services, as provided in Subchapter C, Chapter 574, Health and
53-7 Safety Code, if:
53-8 (1) the child is not receiving court-ordered mental
53-9 health services; and
53-10 (2) the psychiatrist who examined the child determines
53-11 that the child is mentally ill and the child meets at least one of
53-12 the criteria listed in Section 574.034, Health and Safety Code.
53-13 (c) Before [Not later than the 30th day before the date] a
53-14 child who is identified as mentally retarded under Chapter 593,
53-15 Health and Safety Code, is discharged from the commission's custody
53-16 under Section 61.077(b), the commission shall refer the child for
53-17 [a determination of] mental retardation services if the child is
53-18 not receiving mental retardation services [and an interdisciplinary
53-19 team recommendation of the child, as provided by Chapter 593,
53-20 Health and Safety Code, to be performed at a facility approved or
53-21 operated by the Texas Department of Mental Health and Mental
53-22 Retardation or at a community center established in accordance with
53-23 Chapter 534, Health and Safety Code].
53-24 SECTION 28. Section 61.093(b), Human Resources Code, is
53-25 amended to read as follows:
53-26 (b) A child who is arrested or taken into custody under
53-27 Subsection (a) [of this section] may be detained in any suitable
54-1 place, including an adult jail facility if the person is 17 years
54-2 of age or older, until the child is returned to the custody of the
54-3 commission or transported to a commission facility.
54-4 SECTION 29. Section 1.07(a), Penal Code, is amended by
54-5 amending Subdivisions (14) and (45) to read as follows:
54-6 (14) "Correctional facility" means a place designated
54-7 by law for the confinement of a person arrested for, charged with,
54-8 or convicted of a criminal offense or for the detention of a
54-9 juvenile taken into custody for or alleged or adjudicated as having
54-10 engaged in conduct constituting a criminal offense. The term
54-11 includes:
54-12 (A) a municipal or county jail;
54-13 (B) a confinement facility operated by the Texas
54-14 Department of Criminal Justice;
54-15 (C) a confinement facility operated under
54-16 contract with any division of the Texas Department of Criminal
54-17 Justice; [and]
54-18 (D) a community corrections facility operated by
54-19 a community supervision and corrections department; and
54-20 (E) a juvenile pre-adjudication secure detention
54-21 facility, a juvenile post-adjudication secure correctional
54-22 facility, or a facility operated or certified by the Texas Youth
54-23 Commission.
54-24 (45) "Secure correctional facility" means:
54-25 (A) a municipal or county jail; [or]
54-26 (B) a confinement facility operated by or under
54-27 a contract with any division of the Texas Department of Criminal
55-1 Justice; or
55-2 (C) a juvenile pre-adjudication secure detention
55-3 facility, a juvenile post-adjudication secure correctional
55-4 facility, or a facility operated or certified by the Texas Youth
55-5 Commission.
55-6 SECTION 30. Section 729.001(c), Transportation Code, is
55-7 amended to read as follows:
55-8 (c) An offense under this section is punishable by the fine
55-9 or other sanction, other than confinement or imprisonment,
55-10 authorized by statute for violation of the traffic law listed under
55-11 Subsection (a) that is the basis of the prosecution under this
55-12 section [a Class C misdemeanor].
55-13 SECTION 31. Section 729.002(b), Transportation Code, is
55-14 amended to read as follows:
55-15 (b) An offense under this section is punishable in the same
55-16 manner as if the person was 17 years of age or older and operated a
55-17 motor vehicle without a license as described by Subsection (a),
55-18 except that an offense under this section is not punishable by
55-19 confinement or imprisonment [a Class C misdemeanor].
55-20 SECTION 32. Sections 141.0475 and 141.0476, Human Resources
55-21 Code, are repealed.
55-22 SECTION 33. (a) Except as provided otherwise by this
55-23 section, the change in law made by this Act applies only to conduct
55-24 that occurs on or after the effective date of this Act. Conduct
55-25 violating a penal law of the state occurs on or after the effective
55-26 date of this Act if every element of the violation occurs on or
55-27 after that date. Conduct that occurs before the effective date of
56-1 this Act is covered by the law in effect at the time the conduct
56-2 occurred, and the former law is continued in effect for that
56-3 purpose.
56-4 (b) The change in law made by Sections 15, 17, and 18 of
56-5 this Act applies to the dissemination or inspection of information
56-6 on or after the effective date of this Act without regard to
56-7 whether the information was compiled before, on, or after that
56-8 date.
56-9 (c) The change in law made by Section 23 of this Act applies
56-10 only to a report received by a local law enforcement agency or the
56-11 Texas Juvenile Probation Commission on or after the effective date
56-12 of this Act.
56-13 SECTION 34. This Act takes effect September 1, 1999.
56-14 SECTION 35. The importance of this legislation and the
56-15 crowded condition of the calendars in both houses create an
56-16 emergency and an imperative public necessity that the
56-17 constitutional rule requiring bills to be read on three several
56-18 days in each house be suspended, and this rule is hereby suspended.