1-1 By: Goodman, Keel, et al. (Senate Sponsor - Harris) H.B. No. 3517
1-2 (In the Senate - Received from the House May 7, 1999;
1-3 May 10, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the detention, adjudication, and disposition of certain
1-9 persons within the juvenile justice system.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 51.095, Family Code, is amended by adding
1-12 Subsection (d) to read as follows:
1-13 (d) A juvenile law referee or master may perform the duties
1-14 imposed on a magistrate under this section without the approval of
1-15 the juvenile court if the juvenile board of the county in which the
1-16 statement of the child is made has authorized a referee or master
1-17 to perform the duties of a magistrate under this section.
1-18 SECTION 2. Section 51.12(h), Family Code, is amended to read
1-19 as follows:
1-20 (h) This section does not apply to a person:
1-21 (1) after transfer to criminal court for prosecution
1-22 under Section 54.02; or
1-23 (2) who is at least 17 [18] years of age and who has
1-24 been taken into custody after having:
1-25 (A) escaped from a juvenile facility operated by
1-26 or under contract with the Texas Youth Commission; or
1-27 (B) violated a condition [of probation or] of
1-28 release under supervision of the Texas Youth Commission.
1-29 SECTION 3. Section 51.17(c), Family Code, is amended to read
1-30 as follows:
1-31 (c) Except as otherwise provided by this title, the Texas
1-32 Rules of [Criminal] Evidence applicable to criminal cases and
1-33 Chapter 38, Code of Criminal Procedure, apply in a judicial
1-34 proceeding under this title.
1-35 SECTION 4. Chapter 51, Family Code, is amended by adding
1-36 Section 51.20 to read as follows:
1-37 Sec. 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any
1-38 stage of the proceedings under this title, the juvenile court may
1-39 order a child who is referred to the juvenile court or who is
1-40 alleged by a petition or found to have engaged in delinquent
1-41 conduct or conduct indicating a need for supervision to be examined
1-42 by an appropriate expert, including a physician, psychiatrist, or
1-43 psychologist.
1-44 (b) If, after conducting an examination of a child ordered
1-45 under Subsection (a) and reviewing any other relevant information,
1-46 there is reason to believe that the child has a mental illness or
1-47 mental retardation, the probation department shall refer the child
1-48 to the local mental health or mental retardation authority for
1-49 evaluation and services, unless the prosecuting attorney has filed
1-50 a petition under Section 53.04.
1-51 SECTION 5. Section 52.02(c), Family Code, is amended to read
1-52 as follows:
1-53 (c) A person who takes a child into custody and who has
1-54 reasonable grounds to believe that the child has been operating a
1-55 motor vehicle in a public place while having any detectable amount
1-56 of alcohol in the child's system may, before complying with
1-57 Subsection (a):
1-58 (1) take the child to a place to obtain a specimen of
1-59 the child's breath or blood as provided by Chapter 724,
1-60 Transportation Code; and
1-61 (2) perform intoxilyzer processing and videotaping of
1-62 the child in an adult processing office of a law enforcement agency
1-63 [police department].
1-64 SECTION 6. Chapter 53, Family Code, is amended by adding
2-1 Section 53.035 to read as follows:
2-2 Sec. 53.035. GRAND JURY REFERRAL. (a) The prosecuting
2-3 attorney may, before filing a petition under Section 53.04, refer
2-4 an offense to a grand jury in the county in which the offense is
2-5 alleged to have been committed.
2-6 (b) The grand jury has the same jurisdiction and powers to
2-7 investigate the facts and circumstances concerning an offense
2-8 referred to the grand jury under this section as it has to
2-9 investigate other criminal activity.
2-10 (c) If the grand jury votes to take no action on an offense
2-11 referred to the grand jury under this section, the prosecuting
2-12 attorney may not file a petition under Section 53.04 concerning the
2-13 offense unless the same or a successor grand jury approves the
2-14 filing of the petition.
2-15 (d) If the grand jury votes for approval of the prosecution
2-16 of an offense referred to the grand jury under this section, the
2-17 prosecuting attorney may file a petition under Section 53.04.
2-18 (e) The approval of the prosecution of an offense by a grand
2-19 jury under this section does not constitute approval of a petition
2-20 by a grand jury for purposes of Section 53.045.
2-21 SECTION 7. Section 54.01, Family Code, is amended by adding
2-22 Subsection (p) to read as follows:
2-23 (p) If a child has not been released under Section 53.02 or
2-24 this section and a petition has not been filed under Section 53.04
2-25 concerning the child, the court shall order the child released from
2-26 detention not later than:
2-27 (1) the 30th working day after the date the initial
2-28 detention hearing is held, if the child is alleged to have engaged
2-29 in conduct constituting a capital felony, an aggravated controlled
2-30 substance felony, or a felony of the first degree; or
2-31 (2) the 15th working day after the date the initial
2-32 detention hearing is held, if the child is alleged to have engaged
2-33 in conduct constituting an offense other than an offense listed in
2-34 Subdivision (1).
2-35 SECTION 8. Section 54.02, Family Code, is amended by
2-36 amending Subsections (h) and (j) and adding Subsections (o)-(r) to
2-37 read as follows:
2-38 (h) If the juvenile court waives jurisdiction, it shall
2-39 state specifically in the order its reasons for waiver and certify
2-40 its action, including the written order and findings of the court,
2-41 and shall transfer the person to the appropriate court for criminal
2-42 proceedings and cause the results of the diagnostic study of the
2-43 person ordered under Subsection (d), including psychological
2-44 information, to be transferred to the appropriate criminal
2-45 prosecutor. On transfer of the person for criminal proceedings,
2-46 the person shall be dealt with as an adult and in accordance with
2-47 the Code of Criminal Procedure. The transfer of custody is an
2-48 arrest.
2-49 (j) The juvenile court may waive its exclusive original
2-50 jurisdiction and transfer a person to the appropriate district
2-51 court or criminal district court for criminal proceedings if:
2-52 (1) the person is 18 years of age or older;
2-53 (2) the person was:
2-54 (A) 10 years of age or older and under 17 years
2-55 of age at the time the person is alleged to have committed a
2-56 capital felony or an offense under Section 19.02, Penal Code;
2-57 (B) 14 years of age or older and under 17 years
2-58 of age at the time the person [he] is alleged to have committed [a
2-59 capital felony,] an aggravated controlled substance felony[,] or a
2-60 felony of the first degree other than an offense under Section
2-61 19.02, Penal Code; or
2-62 (C) [(B)] 15 years of age or older and under 17
2-63 years of age at the time the person is alleged to have committed a
2-64 felony of the second or third degree or a state jail felony;
2-65 (3) no adjudication concerning the alleged offense has
2-66 been made or no adjudication hearing concerning the offense has
2-67 been conducted;
2-68 (4) the juvenile court finds from a preponderance of
2-69 the evidence that:
3-1 (A) for a reason beyond the control of the state
3-2 it was not practicable to proceed in juvenile court before the 18th
3-3 birthday of the person; or
3-4 (B) after due diligence of the state it was not
3-5 practicable to proceed in juvenile court before the 18th birthday
3-6 of the person because:
3-7 (i) the state did not have probable cause
3-8 to proceed in juvenile court and new evidence has been found since
3-9 the 18th birthday of the person;
3-10 (ii) the person could not be found; or
3-11 (iii) a previous transfer order was
3-12 reversed by an appellate court or set aside by a district court;
3-13 and
3-14 (5) the juvenile court determines that there is
3-15 probable cause to believe that the child before the court committed
3-16 the offense alleged.
3-17 (o) If a respondent is taken into custody for possible
3-18 discretionary transfer proceedings under Subsection (j), the
3-19 juvenile court shall hold a detention hearing in the same manner as
3-20 provided by Section 54.01, except that the court shall order the
3-21 respondent released unless it finds that the respondent:
3-22 (1) is likely to abscond or be removed from the
3-23 jurisdiction of the court;
3-24 (2) may be dangerous to himself or herself or may
3-25 threaten the safety of the public if released; or
3-26 (3) has previously been found to be a delinquent child
3-27 or has previously been convicted of a penal offense punishable by a
3-28 term of jail or prison and is likely to commit an offense if
3-29 released.
3-30 (p) If the juvenile court does not order a respondent
3-31 released under Subsection (o), the court shall, pending the
3-32 conclusion of the discretionary transfer hearing, order that the
3-33 respondent be detained in:
3-34 (1) a certified juvenile detention facility as
3-35 provided by Subsection (q); or
3-36 (2) an appropriate county facility for the detention
3-37 of adults accused of criminal offenses.
3-38 (q) The detention of a respondent in a certified juvenile
3-39 detention facility must comply with the detention requirements
3-40 under this title, except that, to the extent practicable, the
3-41 person shall be kept separate from children detained in the same
3-42 facility.
3-43 (r) If the juvenile court orders a respondent detained in a
3-44 county facility under Subsection (p), the county sheriff shall take
3-45 custody of the respondent under the juvenile court's order. The
3-46 juvenile court shall set or deny bond for the respondent as
3-47 required by the Code of Criminal Procedure and other law applicable
3-48 to the pretrial detention of adults accused of criminal offenses.
3-49 SECTION 9. Sections 54.03(d) and (f), Family Code, are
3-50 amended to read as follows:
3-51 (d) Except as provided by Section 54.031 [of this chapter],
3-52 only material, relevant, and competent evidence in accordance with
3-53 the Texas Rules of [Criminal] Evidence applicable to criminal cases
3-54 and Chapter 38, Code of Criminal Procedure, may be considered in
3-55 the adjudication hearing. Except in a detention or discretionary
3-56 transfer hearing, a social history report or social service file
3-57 shall not be viewed by the court before the adjudication decision
3-58 and shall not be viewed by the jury at any time.
3-59 (f) At the conclusion of the adjudication hearing, the court
3-60 or jury shall find whether or not the child has engaged in
3-61 delinquent conduct or conduct indicating a need for supervision.
3-62 The finding must be based on competent evidence admitted at the
3-63 hearing. The child shall be presumed to be innocent of the charges
3-64 against the child [him] and no finding that a child has engaged in
3-65 delinquent conduct or conduct indicating a need for supervision may
3-66 be returned unless the state has proved such beyond a reasonable
3-67 doubt. In all jury cases the jury will be instructed that the
3-68 burden is on the state to prove that a child has engaged in
3-69 delinquent conduct or is in need of supervision beyond a reasonable
4-1 doubt. A child may be adjudicated as having engaged in conduct
4-2 constituting a lesser included offense as provided by Articles
4-3 37.08 and 37.09, Code of Criminal Procedure.
4-4 SECTION 10. Section 54.04, Family Code, is amended by
4-5 amending Subsection (l) and adding Subsection (q) to read as
4-6 follows:
4-7 (l) Except as provided by Subsection (q), a [A] court or
4-8 jury may place a child on probation under Subsection (d)(1) [of
4-9 this section] for any period, except that probation may not
4-10 continue on or after the child's 18th birthday. Except as provided
4-11 by Subsection (q), the [The] court may, before the period of
4-12 probation ends, extend the probation for any period, except that
4-13 the probation may not extend to or after the child's 18th birthday.
4-14 (q) If a court or jury sentences a child to commitment in
4-15 the Texas Youth Commission under Subsection (d)(3) for a term of
4-16 not more than 10 years, the court or jury may place the child on
4-17 probation under Subsection (d)(1) as an alternative to making the
4-18 disposition under Subsection (d)(3). The court shall prescribe the
4-19 period of probation ordered under this subsection for a term of not
4-20 more than 10 years. The court may, before the sentence of
4-21 probation expires, extend the probationary period under Section
4-22 54.05, except that the sentence of probation and any extension may
4-23 not exceed 10 years. The court may, before the child's 18th
4-24 birthday, discharge the child from the sentence of probation. If a
4-25 sentence of probation ordered under this subsection and any
4-26 extension of probation ordered under Section 54.05 will continue
4-27 after the child's 18th birthday, the court shall discharge the
4-28 child from the sentence of probation on the child's 18th birthday
4-29 unless the court transfers the child to an appropriate district
4-30 court under Section 54.051.
4-31 SECTION 11. Section 54.05, Family Code, is amended by
4-32 amending Subsections (f)-(h) and adding Subsection (j) to read as
4-33 follows:
4-34 (f) Except as provided by Subsection (j), a [A] disposition
4-35 based on a finding that the child engaged in delinquent conduct may
4-36 be modified so as to commit the child to the Texas Youth Commission
4-37 if the court after a hearing to modify disposition finds by a
4-38 preponderance of the evidence that the child violated a reasonable
4-39 and lawful order of the court. A disposition based on a finding
4-40 that the child engaged in habitual felony conduct as described by
4-41 Section 51.031 [of this code] or in delinquent conduct that
4-42 included a violation of a penal law listed in Section 53.045(a) [of
4-43 this code] may be modified to commit the child to the Texas Youth
4-44 Commission with a possible transfer to the institutional division
4-45 or the pardons and paroles division of the Texas Department of
4-46 Criminal Justice for a definite term prescribed by Section
4-47 54.04(d)(3) [of this code] if the original petition was approved by
4-48 the grand jury under Section 53.045 [of this code] and if after a
4-49 hearing to modify the disposition the court [or jury] finds that
4-50 the child violated a reasonable and lawful order of the court.
4-51 (g) Except as provided by Subsection (j), a [A] disposition
4-52 based solely on a finding that the child engaged in conduct
4-53 indicating a need for supervision may not be modified to commit the
4-54 child to the Texas Youth Commission. A new finding in compliance
4-55 with Section 54.03 [of this code] must be made that the child
4-56 engaged in delinquent conduct as defined in Section 51.03(a) [of
4-57 this code].
4-58 (h) A hearing shall be held prior to commitment to the Texas
4-59 Youth Commission as a modified disposition. In other disposition
4-60 modifications, the child and the child's [his] parent, guardian,
4-61 guardian ad litem, or attorney may waive hearing in accordance with
4-62 Section 51.09 [of this code. A child in jeopardy of a sentence for
4-63 a determinate term is entitled to a jury of 12 persons on the
4-64 issues of the violation of the court's orders and the sentence].
4-65 (j) If, after conducting a hearing to modify disposition
4-66 without a jury, the court finds by a preponderance of the evidence
4-67 that a child violated a reasonable and lawful condition of
4-68 probation ordered under Section 54.04(q), the court may modify the
4-69 disposition to commit the child to the Texas Youth Commission under
5-1 Section 54.04(d)(3) for a term that does not exceed the original
5-2 sentence assessed by the court or jury.
5-3 SECTION 12. Chapter 54, Family Code, is amended by adding
5-4 Section 54.051 to read as follows:
5-5 Sec. 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO
5-6 APPROPRIATE DISTRICT COURT. (a) On motion of the state concerning
5-7 a child who is placed on probation under Section 54.04(q) for a
5-8 period, including any extension ordered under Section 54.05, that
5-9 will continue after the child's 18th birthday, the juvenile court
5-10 shall hold a hearing to determine whether to transfer the child to
5-11 an appropriate district court or discharge the child from the
5-12 sentence of probation.
5-13 (b) The hearing must be conducted before the child's 18th
5-14 birthday and in the same manner as a hearing to modify disposition
5-15 under Section 54.05.
5-16 (c) If, after a hearing, the court determines to discharge
5-17 the child, the court shall specify a date on or before the child's
5-18 18th birthday to discharge the child from the sentence of
5-19 probation.
5-20 (d) If, after a hearing, the court determines to transfer
5-21 the child, the court shall transfer the child to an appropriate
5-22 district court on the child's 18th birthday.
5-23 (e) A district court that exercises jurisdiction over a
5-24 child transferred under Subsection (d) shall place the child on
5-25 community supervision under Article 42.12, Code of Criminal
5-26 Procedure, for the remainder of the child's probationary period and
5-27 under conditions consistent with those ordered by the juvenile
5-28 court. If a child who is placed on community supervision under
5-29 this subsection violates a condition of that supervision or if the
5-30 child violated a condition of probation ordered under Section
5-31 54.04(q) and that probation violation was not discovered by the
5-32 state before the child's 18th birthday, the district court shall
5-33 dispose of the violation of community supervision or probation, as
5-34 appropriate, in the same manner as if the court had originally
5-35 exercised jurisdiction over the case. The time that a child serves
5-36 on probation ordered under Section 54.04(q) is the same as time
5-37 served on community supervision ordered under this subsection for
5-38 purposes of determining the child's eligibility for early discharge
5-39 from community supervision under Section 20, Article 42.12, Code of
5-40 Criminal Procedure.
5-41 (f) The juvenile court may transfer a child to an
5-42 appropriate district court as provided by this section without a
5-43 showing that the child violated a condition of probation ordered
5-44 under Section 54.04(q).
5-45 SECTION 13. Section 54.10(a), Family Code, is amended to
5-46 read as follows:
5-47 (a) Except as provided by Subsection (c) [of this section],
5-48 a [the] hearing under Section [provided in Sections 54.01,] 54.03,
5-49 54.04, or [and] 54.05, including a jury trial, a hearing under
5-50 Chapter 55, including a jury trial, or a [of this code and the]
5-51 hearing under [provided in] Article IV, Article V, and Article VI
5-52 of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
5-53 this code]) may be held by a referee appointed in accordance with
5-54 Section 51.04(g) or a master appointed under Chapter 54, Government
5-55 Code, [of this code] provided:
5-56 (1) the parties have been informed by the referee or
5-57 master that they are entitled to have the hearing before the
5-58 juvenile court judge [or in the case of a detention hearing
5-59 provided for in Section 54.01 of this code, a substitute judge as
5-60 authorized by Section 51.04(f) of this code]; and [or]
5-61 (2) after each party is given an opportunity to
5-62 object, no party objects to holding the hearing before the referee
5-63 or master [the child and the attorney for the child have in
5-64 accordance with the requirements of Section 51.09 of this code
5-65 waived the right to have the hearing before the juvenile court
5-66 judge or substitute judge].
5-67 SECTION 14. Chapter 55, Family Code, is amended to read as
5-68 follows:
5-69 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
6-1 WITH MENTAL ILLNESS OR MENTAL RETARDATION
6-2 SUBCHAPTER A. GENERAL PROVISIONS
6-3 Sec. 55.01. MEANING OF "HAVING A MENTAL ILLNESS." For
6-4 purposes of this chapter, a child who is described as having a
6-5 mental illness means a child who suffers from mental illness as
6-6 defined by Section 571.003, Health and Safety Code [PHYSICAL OR
6-7 MENTAL EXAMINATION. (a) At any stage of the proceedings under
6-8 this title, the juvenile court may order a child alleged by
6-9 petition or found to have engaged in delinquent conduct or conduct
6-10 indicating a need for supervision to be examined by appropriate
6-11 experts, including a physician, psychiatrist, or psychologist.]
6-12 [(b) If an examination ordered under Subsection (a) of this
6-13 section is to determine whether the child is mentally retarded, the
6-14 examination must consist of a determination of mental retardation
6-15 and an interdisciplinary team recommendation, as provided by
6-16 Chapter 593, Health and Safety Code, and shall be conducted at a
6-17 facility approved or operated by the Texas Department of Mental
6-18 Health and Mental Retardation or at a community center established
6-19 in accordance with Chapter 534, Health and Safety Code].
6-20 Sec. 55.02. MENTAL HEALTH AND MENTAL RETARDATION
6-21 JURISDICTION. For the purpose of initiating proceedings to order
6-22 mental health or mental retardation services for a child or for
6-23 commitment of a child as provided by this chapter, the juvenile
6-24 court has jurisdiction of proceedings under Subtitle C or D, Title
6-25 7, Health and Safety Code.
6-26 Sec. 55.03. STANDARDS OF CARE. (a) Except as provided by
6-27 this chapter, a child for whom inpatient mental health services is
6-28 ordered by a court under this chapter shall be cared for as
6-29 provided by Subtitle C, Title 7, Health and Safety Code.
6-30 (b) Except as provided by this chapter, a child who is
6-31 committed by a court to a residential care facility for mental
6-32 retardation shall be cared for as provided by Subtitle D, Title 7,
6-33 Health and Safety Code.
6-34 (Sections 55.04-55.10 reserved for expansion)
6-35 SUBCHAPTER B. CHILD WITH MENTAL ILLNESS
6-36 Sec. 55.11. MENTAL ILLNESS DETERMINATION; EXAMINATION. (a)
6-37 On a motion by a party, the juvenile court shall determine whether
6-38 probable cause exists to believe that a child who is alleged by
6-39 petition or found to have engaged in delinquent conduct or conduct
6-40 indicating a need for supervision has a mental illness. In making
6-41 its determination, the court may:
6-42 (1) consider the motion, supporting documents,
6-43 professional statements of counsel, and witness testimony; and
6-44 (2) make its own observation of the child.
6-45 (b) If the court determines that probable cause exists to
6-46 believe that the child has a mental illness, the court shall
6-47 temporarily stay the juvenile court proceedings and immediately
6-48 order the child to be examined under Section 51.20. The
6-49 information obtained from the examination must include expert
6-50 opinion as to whether the child has a mental illness and whether
6-51 the child meets the commitment criteria under Subtitle C, Title 7,
6-52 Health and Safety Code. If ordered by the court, the information
6-53 must also include expert opinion as to whether the child is unfit
6-54 to proceed with the juvenile court proceedings.
6-55 (c) After considering all relevant information, including
6-56 information obtained from an examination under Section 51.20, the
6-57 court shall:
6-58 (1) if the court determines that evidence exists to
6-59 support a finding that the child has a mental illness and that the
6-60 child meets the commitment criteria under Subtitle C, Title 7,
6-61 Health and Safety Code, proceed under Section 55.12; or
6-62 (2) if the court determines that evidence does not
6-63 exist to support a finding that the child has a mental illness or
6-64 that the child meets the commitment criteria under Subtitle C,
6-65 Title 7, Health and Safety Code, dissolve the stay and continue the
6-66 juvenile court proceedings.
6-67 Sec. 55.12 [55.02]. INITIATION OF COMMITMENT PROCEEDINGS
6-68 [CHILD WITH MENTAL ILLNESS]. If, after considering all relevant
6-69 information, the juvenile court determines that evidence exists to
7-1 support a finding that a child has a mental illness and that the
7-2 child meets the commitment criteria under Subtitle C, Title 7,
7-3 Health and Safety Code, the [(a) The] court shall:
7-4 (1) initiate proceedings as provided by Section 55.13
7-5 to order temporary or extended mental health services, as provided
7-6 in Subchapter C, Chapter 574, Health and Safety Code[, for a child
7-7 alleged or found to have engaged in delinquent conduct or conduct
7-8 indicating a need for supervision, if:]
7-9 [(1) on motion by a party or the court it is alleged
7-10 that the child is mentally ill]; or
7-11 (2) refer the child's case as provided by Section
7-12 55.14 to the appropriate court for the initiation of proceedings in
7-13 that court for commitment of the child under Subchapter C, Chapter
7-14 574, Health and Safety Code.
7-15 Sec. 55.13. COMMITMENT PROCEEDINGS IN JUVENILE COURT. (a)
7-16 If the juvenile court initiates proceedings for temporary or
7-17 extended mental health services under Section 55.12(1), the
7-18 prosecuting attorney or the attorney for the child may file with
7-19 the juvenile court an application for court-ordered mental health
7-20 services under Section 574.001, Health and Safety Code. The
7-21 juvenile court shall:
7-22 (1) set a date for a hearing and provide notice as
7-23 required by Sections 574.005 and 574.006, Health and Safety Code;
7-24 and
7-25 (2) conduct the hearing in accordance with Subchapter
7-26 C, Chapter 574, Health and Safety Code.
7-27 (b) The burden of proof at the hearing is on the party who
7-28 filed the application.
7-29 (c) The juvenile court shall appoint the number of
7-30 physicians necessary to examine the child and to complete the
7-31 certificates of medical examination for mental illness required
7-32 under Section 574.009, Health and Safety Code.
7-33 (d) After conducting a hearing on an application under this
7-34 section, the juvenile court shall:
7-35 (1) if the criteria under Section 574.034, Health and
7-36 Safety Code, are satisfied, order temporary mental health services
7-37 for the child; or
7-38 (2) if the criteria under Section 574.035, Health and
7-39 Safety Code, are satisfied, order extended mental health services
7-40 for the child.
7-41 Sec. 55.14. REFERRAL FOR COMMITMENT PROCEEDINGS. (a) If
7-42 the juvenile court refers the child's case to the appropriate court
7-43 for the initiation of commitment proceedings under Section
7-44 55.12(2), the juvenile court shall:
7-45 (1) send all papers relating to the child's mental
7-46 illness to the clerk of the court to which the case is referred;
7-47 (2) send to the office of the appropriate county
7-48 attorney or, if a county attorney is not available, to the office
7-49 of the appropriate district attorney, copies of all papers sent to
7-50 the clerk of the court under Subdivision (1); and
7-51 (3) if the child is in detention:
7-52 (A) order the child released from detention to
7-53 the child's home or another appropriate place;
7-54 (B) order the child detained in an appropriate
7-55 place other than a juvenile detention facility; or
7-56 (C) if an appropriate place to release or detain
7-57 the child as described by Paragraph (A) or (B) is not available,
7-58 order the child to remain in the juvenile detention facility
7-59 subject to further detention orders of the court.
7-60 (b) The papers sent to the clerk of a court under Subsection
7-61 (a)(1) constitute an application for mental health services under
7-62 Section 574.001, Health and Safety Code.
7-63 Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
7-64 MENTAL HEALTH SERVICES. [a child is found or alleged to be unfit
7-65 to proceed as a result of mental illness under Section 55.04 of
7-66 this chapter or is found not responsible for the child's conduct as
7-67 a result of mental illness under Section 55.05 of this chapter.]
7-68 [(b) Subtitle C, Title 7, Health and Safety Code, governs
7-69 proceedings for court-ordered mental health services except that
8-1 the juvenile court shall conduct the proceedings whether or not the
8-2 juvenile court is also a county court.]
8-3 [(c)] If the juvenile court or a court to which the child's
8-4 case is referred under Section 55.12(2) orders mental health
8-5 services for the child, the child shall be cared for, treated, and
8-6 released in conformity to Subtitle C, Title 7, Health and Safety
8-7 Code, except:
8-8 (1) a [juvenile] court order for mental health
8-9 services for [of] a child automatically expires on the 120th day
8-10 after the date the child becomes 18 years of age; and
8-11 (2) the administrator of a mental health facility
8-12 shall notify, in writing, by certified mail, return receipt
8-13 requested, the juvenile court that ordered mental health services
8-14 or the juvenile court that referred the case to a court that
8-15 ordered the mental health services of the intent to discharge the
8-16 child at least 10 days prior to discharge.
8-17 Sec. 55.16. ORDER FOR MENTAL HEALTH SERVICES; STAY OF
8-18 PROCEEDINGS. (a) If the court to which the child's case is
8-19 referred under Section 55.12(2) orders temporary or extended
8-20 inpatient mental health services for the child, the court shall
8-21 immediately notify in writing the referring juvenile court of the
8-22 court's order for mental health services.
8-23 (b) [(d)] If the juvenile court orders temporary or extended
8-24 inpatient mental health services for the child or if the juvenile
8-25 court receives notice under Subsection (a) from the court to which
8-26 the child's case is referred, the proceedings under this title then
8-27 pending in juvenile court shall be stayed.
8-28 Sec. 55.17. MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
8-29 OF STAY. (a) If the court to which a child's case is referred
8-30 under Section 55.12(2) does not order temporary or extended
8-31 inpatient mental health services for the child, the court shall
8-32 immediately notify in writing the referring juvenile court of the
8-33 court's decision.
8-34 (b) If the juvenile court does not order temporary or
8-35 extended inpatient mental health services for the child or if the
8-36 juvenile court receives notice under Subsection (a) from the court
8-37 to which the child's case is referred, the juvenile court shall
8-38 dissolve the stay and continue the juvenile court proceedings.
8-39 Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
8-40 REACHING 18 YEARS OF AGE. [(e)] If the child is discharged from
8-41 the mental health facility before reaching 18 years of age, the
8-42 juvenile court may:
8-43 (1) dismiss the juvenile court proceedings with
8-44 prejudice; or
8-45 (2) continue with proceedings under this title as
8-46 though no order of mental health services had been made.
8-47 Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
8-48 (a) [(f)] The juvenile court shall transfer all pending proceedings
8-49 from the juvenile court to a criminal court on the 18th birthday of
8-50 a child for whom the juvenile court or a court to which the child's
8-51 case is referred under Section 55.12(2) has ordered inpatient
8-52 mental health services [under this section] if:
8-53 (1) the child is not discharged or furloughed from the
8-54 inpatient mental health [residential care] facility before reaching
8-55 18 years of age; and
8-56 (2) the child is alleged to have engaged in delinquent
8-57 conduct that included a violation of a penal law listed in Section
8-58 53.045 and no adjudication concerning the alleged conduct has been
8-59 made.
8-60 (b) [(g)] The juvenile court shall send notification of the
8-61 transfer of a child under Subsection (a) [(f)] to the inpatient
8-62 mental health [residential care] facility. The criminal court
8-63 shall, within 90 days of the transfer, institute proceedings under
8-64 Article 46.02, Code of Criminal Procedure. If those or any
8-65 subsequent proceedings result in a determination that the defendant
8-66 is competent to stand trial, the defendant may not receive a
8-67 punishment for the delinquent conduct described by Subsection
8-68 (a)(2) [(f)(2)] that results in confinement for a period longer
8-69 than the maximum period of confinement the defendant could have
9-1 received if the defendant had been adjudicated for the delinquent
9-2 conduct while still a child and within the jurisdiction of the
9-3 juvenile court.
9-4 (Sections 55.20-55.30 reserved for expansion)
9-5 SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF
9-6 MENTAL ILLNESS OR MENTAL RETARDATION
9-7 [Sec. 55.03. CHILD WITH MENTAL RETARDATION. (a) If a child
9-8 is found or alleged to be unfit to proceed as a result of mental
9-9 retardation under Section 55.04 or is found not responsible for the
9-10 child's conduct as a result of mental retardation under Section
9-11 55.05, the court shall order a determination of mental retardation
9-12 and an interdisciplinary team recommendation of the child, as
9-13 provided by Chapter 593, Health and Safety Code, to be performed at
9-14 a facility approved or operated by the Texas Department of Mental
9-15 Health and Mental Retardation or at a community center established
9-16 in accordance with Chapter 534, Health and Safety Code.]
9-17 [(b) A child alleged or found to have engaged in delinquent
9-18 conduct or conduct indicating a need for supervision may be
9-19 committed to a residential care facility if:]
9-20 [(1) the child is found unfit to proceed as a result
9-21 of mental retardation under Section 55.04 of this chapter or is
9-22 found not responsible for the child's conduct as a result of mental
9-23 retardation under Section 55.05 of this chapter; and]
9-24 [(2) the child meets the criteria for commitment as
9-25 provided in Subchapter C, Chapter 593, Health and Safety Code.]
9-26 [(c) Subtitle D, Title 7, Health and Safety Code, governs
9-27 proceedings for commitment of a child under this section except
9-28 that:]
9-29 [(1) the juvenile court shall conduct the proceedings
9-30 whether or not the juvenile court is also a county court; and]
9-31 [(2) on receipt of the court's order entering the
9-32 findings required by Subtitle D, Title 7, Health and Safety Code,
9-33 and Subsection (b)(1) of this section, the Texas Department of
9-34 Mental Health and Mental Retardation or the appropriate community
9-35 center shall admit the child to a residential care facility.]
9-36 [(d) If the juvenile court enters an order committing the
9-37 child to a residential care facility, the child shall be cared for,
9-38 treated, and released in conformity to Subtitle D, Title 7, Health
9-39 and Safety Code, except that the administrator of the residential
9-40 care facility shall notify, in writing, the juvenile court that
9-41 ordered commitment of the child of the intent to discharge the
9-42 child from the residential care facility or to furlough the child
9-43 to an alternative placement at least 20 days prior to the date of
9-44 the discharge or furlough.]
9-45 [(e) If the juvenile court orders commitment of a child to a
9-46 residential care facility, the proceedings under this title then
9-47 pending in juvenile court shall be stayed.]
9-48 [(f) If the child committed to a residential care facility
9-49 is discharged or furloughed from the residential care facility as
9-50 provided by Subsection (d) of this section and in accordance with
9-51 Subtitle D, Title 7, Health and Safety Code, before reaching 18
9-52 years of age, the juvenile court may:]
9-53 [(1) dismiss the juvenile court proceedings with
9-54 prejudice; or]
9-55 [(2) continue with proceedings under this title as
9-56 though no order of commitment had been made.]
9-57 [(g) The juvenile court shall transfer all pending
9-58 proceedings from the juvenile court to a criminal court on the 18th
9-59 birthday of a child committed to a residential care facility if:]
9-60 [(1) the child is not discharged or furloughed from
9-61 the residential care facility before reaching 18 years of age; and]
9-62 [(2) the child is alleged to have engaged in
9-63 delinquent conduct that included a violation of a penal law listed
9-64 in Section 53.045.]
9-65 [(h) The juvenile court shall send notification of the
9-66 transfer of a child under Subsection (g) to the residential care
9-67 facility. The criminal court shall, within 90 days of the
9-68 transfer, institute proceedings under Article 46.02, Code of
9-69 Criminal Procedure. If those or any subsequent proceedings result
10-1 in a determination that the defendant is competent to stand trial,
10-2 the defendant may not receive a punishment for the delinquent
10-3 conduct described by Subsection (g)(2) that results in confinement
10-4 for a period longer than the maximum period of confinement the
10-5 defendant could have received if the defendant had been adjudicated
10-6 for the delinquent conduct while still a child and within the
10-7 jurisdiction of the juvenile court.]
10-8 Sec. 55.31 [55.04]. UNFITNESS TO PROCEED DETERMINATION;
10-9 EXAMINATION. (a) A child alleged by petition or found to have
10-10 engaged in delinquent conduct or conduct indicating a need for
10-11 supervision who as a result of mental illness or mental retardation
10-12 lacks capacity to understand the proceedings in juvenile court or
10-13 to assist in the child's [his] own defense is unfit to proceed and
10-14 shall not be subjected to discretionary transfer to criminal court,
10-15 adjudication, disposition, or modification of disposition as long
10-16 as such incapacity endures.
10-17 (b) On a [If on] motion by a party, the juvenile court shall
10-18 determine whether probable cause exists to believe that a child who
10-19 is alleged by petition or who is found to have engaged in
10-20 delinquent conduct or conduct indicating a need for supervision is
10-21 [or the court it is alleged that a child may be] unfit to proceed
10-22 as a result of mental illness or mental retardation[, the court
10-23 shall order appropriate examinations as provided by Section 55.01
10-24 of this chapter]. In making its determination, the court may:
10-25 (1) consider the motion, supporting documents,
10-26 professional statements of counsel, and witness testimony; and
10-27 (2) make its own observation of the child.
10-28 (c) If the court determines that probable cause exists to
10-29 believe that the child is unfit to proceed, the court shall
10-30 temporarily stay the juvenile court proceedings and immediately
10-31 order the child to be examined under Section 51.20. The
10-32 information obtained from the examination [examinations] must
10-33 include expert opinion as to whether the child is unfit to proceed
10-34 as a result of mental illness or mental retardation.
10-35 (d) After considering all relevant information, including
10-36 information obtained from an examination under Section 51.20, the
10-37 court shall:
10-38 (1) if the court determines that evidence exists to
10-39 support a finding that the child is unfit to proceed, proceed under
10-40 Section 55.32; or
10-41 (2) if the court determines that evidence does not
10-42 exist to support a finding that the child is unfit to proceed,
10-43 dissolve the stay and continue the juvenile court proceedings.
10-44 Sec. 55.32. HEARING ON ISSUE OF FITNESS TO PROCEED. (a) If
10-45 the juvenile court determines that evidence exists to support a
10-46 finding that a child is unfit to proceed as a result of mental
10-47 illness or mental retardation, the court shall set the case for a
10-48 hearing on that issue.
10-49 (b) [(c)] The issue of [court or jury shall determine]
10-50 whether the child is unfit to proceed as a result of mental illness
10-51 or mental retardation shall be determined at a hearing separate
10-52 from any other [the adjudication] hearing.
10-53 (c) The court shall determine the issue of whether the child
10-54 is unfit to proceed unless the child or the attorney for the child
10-55 demands a jury before the 10th day before the date of the hearing.
10-56 (d) Unfitness to proceed as a result of mental illness or
10-57 mental retardation must be proved by a preponderance of the
10-58 evidence.
10-59 (e) If the court or jury determines that the child is fit to
10-60 proceed, the juvenile court shall continue with proceedings under
10-61 this title as though no question of fitness to proceed had been
10-62 raised.
10-63 (f) If the court or jury determines that the child is unfit
10-64 to proceed as a result of mental illness or mental retardation, the
10-65 court shall:
10-66 (1) stay the juvenile court proceedings for as long as
10-67 that incapacity endures; and
10-68 (2) proceed under Section 55.33 [initiate proceedings
10-69 under Section 55.02 or Section 55.03 of this chapter].
11-1 (g) [A proceeding to determine fitness to proceed may be
11-2 joined with proceedings under Sections 55.02 and 55.03 of this
11-3 chapter.]
11-4 [(h)] The fact that the child is unfit to proceed as a
11-5 result of mental illness or mental retardation does not preclude
11-6 any legal objection to the juvenile court proceedings which is
11-7 susceptible of fair determination prior to the adjudication hearing
11-8 and without the personal participation of the child.
11-9 Sec. 55.33. PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
11-10 PROCEED. (a) If the juvenile court or jury determines under
11-11 Section 55.32 that a child is unfit to proceed with the juvenile
11-12 court proceedings for delinquent conduct, the court shall:
11-13 (1) if the unfitness to proceed is a result of mental
11-14 illness or mental retardation:
11-15 (A) order the child placed with the Texas
11-16 Department of Mental Health and Mental Retardation for a period of
11-17 not more than 90 days, which order may not specify a shorter
11-18 period, for placement in a facility designated by the department;
11-19 or
11-20 (B) on application by the child's parent,
11-21 guardian, or guardian ad litem, order the child placed in a private
11-22 psychiatric inpatient facility for a period of not more than 90
11-23 days, which order may not specify a shorter period, but only if the
11-24 placement is agreed to in writing by the administrator of the
11-25 facility; or
11-26 (2) if the unfitness to proceed is a result of mental
11-27 illness and the court determines that the child may be adequately
11-28 treated in an alternative setting, order the child to receive
11-29 treatment for mental illness on an outpatient basis for a period of
11-30 not more than 90 days, which order may not specify a shorter
11-31 period.
11-32 (b) If the court orders a child placed in a private
11-33 psychiatric inpatient facility under Subsection (a)(1)(B), the
11-34 state or a political subdivision of the state may be ordered to pay
11-35 any costs associated with the child's placement.
11-36 Sec. 55.34. TRANSPORTATION TO AND FROM FACILITY. (a) If
11-37 the court issues a placement order under Section 55.33(a)(1), the
11-38 court shall order the probation department or sheriff's department
11-39 to transport the child to the designated facility.
11-40 (b) On receipt of a report from a facility to which a child
11-41 has been transported under Subsection (a), the court shall order
11-42 the probation department or sheriff's department to transport the
11-43 child from the facility to the court. If the child is not
11-44 transported to the court before the 11th day after the date of the
11-45 court's order, an authorized representative of the facility shall
11-46 transport the child from the facility to the court.
11-47 (c) The county in which the juvenile court is located shall
11-48 reimburse the facility for the costs incurred in transporting the
11-49 child to the juvenile court as required by Subsection (b).
11-50 Sec. 55.35. INFORMATION REQUIRED TO BE SENT TO FACILITY;
11-51 REPORT TO COURT. (a) If the juvenile court issues a placement
11-52 order under Section 55.33(a), the court shall order the probation
11-53 department to send copies of any information in the possession of
11-54 the department and relevant to the issue of the child's mental
11-55 illness or mental retardation to the public or private facility or
11-56 outpatient center, as appropriate.
11-57 (b) Not later than the 75th day after the date the court
11-58 issues a placement order under Section 55.33(a), the public or
11-59 private facility or outpatient center, as appropriate, shall submit
11-60 to the court a report that:
11-61 (1) describes the treatment of the child provided by
11-62 the facility or center; and
11-63 (2) states the opinion of the director of the facility
11-64 or center as to whether the child is fit or unfit to proceed.
11-65 (c) The court shall provide a copy of the report submitted
11-66 under Subsection (b) to the prosecuting attorney and the attorney
11-67 for the child.
11-68 Sec. 55.36. REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
11-69 OBJECTION. (a) If a report submitted under Section 55.35(b)
12-1 states that a child is fit to proceed, the juvenile court shall
12-2 find that the child is fit to proceed unless the child's attorney
12-3 objects in writing or in open court not later than the second day
12-4 after the date the attorney receives a copy of the report under
12-5 Section 55.35(c).
12-6 (b) On objection by the child's attorney under Subsection
12-7 (a), the juvenile court shall promptly hold a hearing to determine
12-8 whether the child is fit to proceed, except that the hearing may be
12-9 held after the date that the placement order issued under Section
12-10 55.33(a) expires. At the hearing, the court shall determine the
12-11 issue of the fitness of the child to proceed unless the child or
12-12 the child's attorney demands in writing a jury before the 10th day
12-13 before the date of the hearing.
12-14 (c) If, after a hearing, the court or jury finds that the
12-15 child is fit to proceed, the court shall dissolve the stay and
12-16 continue the juvenile court proceedings as though a question of
12-17 fitness to proceed had not been raised.
12-18 (d) If, after a hearing, the court or jury finds that the
12-19 child is unfit to proceed, the court shall proceed under Section
12-20 55.37.
12-21 Sec. 55.37. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
12-22 RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS. If
12-23 a report submitted under Section 55.35(b) states that a child is
12-24 unfit to proceed as a result of mental illness and that the child
12-25 meets the commitment criteria for civil commitment under Subtitle
12-26 C, Title 7, Health and Safety Code, the director of the public or
12-27 private facility or outpatient center, as appropriate, shall submit
12-28 to the court two certificates of medical examination for mental
12-29 illness. On receipt of the certificates, the court shall:
12-30 (1) initiate proceedings as provided by Section 55.38
12-31 in the juvenile court for commitment of the child under Subtitle C,
12-32 Title 7, Health and Safety Code; or
12-33 (2) refer the child's case as provided by Section
12-34 55.39 to the appropriate court for the initiation of proceedings in
12-35 that court for commitment of the child under Subtitle C, Title 7,
12-36 Health and Safety Code.
12-37 Sec. 55.38. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
12-38 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
12-39 proceedings under Section 55.37(1), the prosecuting attorney may
12-40 file with the juvenile court an application for court-ordered
12-41 mental health services under Section 574.001, Health and Safety
12-42 Code. The juvenile court shall:
12-43 (1) set a date for a hearing and provide notice as
12-44 required by Sections 574.005 and 574.006, Health and Safety Code;
12-45 and
12-46 (2) conduct the hearing in accordance with Subchapter
12-47 C, Chapter 574, Health and Safety Code.
12-48 (b) After conducting a hearing under Subsection (a)(2), the
12-49 juvenile court shall:
12-50 (1) if the criteria under Section 574.034, Health and
12-51 Safety Code, are satisfied, order temporary mental health services;
12-52 or
12-53 (2) if the criteria under Section 574.035, Health and
12-54 Safety Code, are satisfied, order extended mental health services.
12-55 Sec. 55.39. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
12-56 ILLNESS. (a) If the juvenile court refers the child's case to an
12-57 appropriate court for the initiation of commitment proceedings
12-58 under Section 55.37(2), the juvenile court shall:
12-59 (1) send all papers relating to the child's unfitness
12-60 to proceed, including the verdict and judgment of the juvenile
12-61 court finding the child unfit to proceed, to the clerk of the court
12-62 to which the case is referred;
12-63 (2) send to the office of the appropriate county
12-64 attorney or, if a county attorney is not available, to the office
12-65 of the appropriate district attorney, copies of all papers sent to
12-66 the clerk of the court under Subdivision (1); and
12-67 (3) if the child is in detention:
12-68 (A) order the child released from detention to
12-69 the child's home or another appropriate place;
13-1 (B) order the child detained in an appropriate
13-2 place other than a juvenile detention facility; or
13-3 (C) if an appropriate place to release or detain
13-4 the child as described by Paragraph (A) or (B) is not available,
13-5 order the child to remain in the juvenile detention facility
13-6 subject to further detention orders of the court.
13-7 (b) The papers sent to a court under Subsection (a)(1)
13-8 constitute an application for mental health services under Section
13-9 574.001, Health and Safety Code.
13-10 Sec. 55.40. REPORT THAT CHILD IS UNFIT TO PROCEED AS A
13-11 RESULT OF MENTAL RETARDATION. If a report submitted under Section
13-12 55.35(b) states that a child is unfit to proceed as a result of
13-13 mental retardation and that the child meets the commitment criteria
13-14 for civil commitment under Subtitle D, Title 7, Health and Safety
13-15 Code, the director of the residential care facility shall submit to
13-16 the court an affidavit stating the conclusions reached as a result
13-17 of the diagnosis. On receipt of the affidavit, the court shall:
13-18 (1) initiate proceedings as provided by Section 55.41
13-19 in the juvenile court for commitment of the child under Subtitle D,
13-20 Title 7, Health and Safety Code; or
13-21 (2) refer the child's case as provided by Section
13-22 55.42 to the appropriate court for the initiation of proceedings in
13-23 that court for commitment of the child under Subtitle D, Title 7,
13-24 Health and Safety Code.
13-25 Sec. 55.41. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
13-26 MENTAL RETARDATION. (a) If the juvenile court initiates
13-27 commitment proceedings under Section 55.40(1), the prosecuting
13-28 attorney may file with the juvenile court an application for
13-29 placement under Section 593.041, Health and Safety Code. The
13-30 juvenile court shall:
13-31 (1) set a date for a hearing and provide notice as
13-32 required by Sections 593.047 and 593.048, Health and Safety Code;
13-33 and
13-34 (2) conduct the hearing in accordance with Sections
13-35 593.049-593.056, Health and Safety Code.
13-36 (b) After conducting a hearing under Subsection (a)(2), the
13-37 juvenile court may order commitment of the child to a residential
13-38 care facility if the commitment criteria under Section 593.052,
13-39 Health and Safety Code, are satisfied.
13-40 Sec. 55.42. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
13-41 RETARDATION. (a) If the juvenile court refers the child's case to
13-42 an appropriate court for the initiation of commitment proceedings
13-43 under Section 55.40(2), the juvenile court shall:
13-44 (1) send all papers relating to the child's mental
13-45 retardation to the clerk of the court to which the case is
13-46 referred;
13-47 (2) send to the office of the appropriate county
13-48 attorney or, if a county attorney is not available, to the office
13-49 of the appropriate district attorney, copies of all papers sent to
13-50 the clerk of the court under Subdivision (1); and
13-51 (3) if the child is in detention:
13-52 (A) order the child released from detention to
13-53 the child's home or another appropriate place;
13-54 (B) order the child detained in an appropriate
13-55 place other than a juvenile detention facility; or
13-56 (C) if an appropriate place to release or detain
13-57 the child as described by Paragraph (A) or (B) is not available,
13-58 order the child to remain in the juvenile detention facility
13-59 subject to further detention orders of the court.
13-60 (b) The papers sent to a court under Subsection (a)(1)
13-61 constitute an application for placement under Section 593.041,
13-62 Health and Safety Code.
13-63 Sec. 55.43. RESTORATION HEARING. (a) The prosecuting
13-64 attorney may file with the juvenile court a motion for a
13-65 restoration hearing concerning a child if:
13-66 (1) the child is found unfit to proceed as a result of
13-67 mental illness or mental retardation; and
13-68 (2) the child:
13-69 (A) is not:
14-1 (i) ordered by a court to receive
14-2 inpatient mental health services;
14-3 (ii) committed by a court to a residential
14-4 care facility; or
14-5 (iii) ordered by a court to receive
14-6 treatment on an outpatient basis; or
14-7 (B) is discharged or furloughed from a mental
14-8 health facility or outpatient center before the child reaches 18
14-9 years of age.
14-10 (b) At the restoration hearing, the court shall determine
14-11 the issue of whether the child is fit to proceed.
14-12 (c) The restoration hearing shall be conducted without a
14-13 jury.
14-14 (d) The issue of fitness to proceed must be proved by a
14-15 preponderance of the evidence.
14-16 (e) If, after a hearing, the court finds that the child is
14-17 fit to proceed, the court shall continue the juvenile court
14-18 proceedings.
14-19 (f) If, after a hearing, the court finds that the child is
14-20 unfit to proceed, the court shall dismiss the motion for
14-21 restoration.
14-22 Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
14-23 CHILD. (a) The juvenile court shall transfer all pending
14-24 proceedings from the juvenile court to a criminal court on the 18th
14-25 birthday of a child for whom the juvenile court or a court to which
14-26 the child's case is referred has ordered inpatient mental health
14-27 services or residential care for persons with mental retardation
14-28 if:
14-29 (1) the child is not discharged or furloughed from the
14-30 facility before reaching 18 years of age; and
14-31 (2) the child is alleged to have engaged in delinquent
14-32 conduct that included a violation of a penal law listed in Section
14-33 53.045 and no adjudication concerning the alleged conduct has been
14-34 made.
14-35 (b) The juvenile court shall send notification of the
14-36 transfer of a child under Subsection (a) to the facility. The
14-37 criminal court shall, before the 91st day after the date of the
14-38 transfer, institute proceedings under Article 46.02, Code of
14-39 Criminal Procedure. If those or any subsequent proceedings result
14-40 in a determination that the defendant is competent to stand trial,
14-41 the defendant may not receive a punishment for the delinquent
14-42 conduct described by Subsection (a)(2) that results in confinement
14-43 for a period longer than the maximum period of confinement the
14-44 defendant could have received if the defendant had been adjudicated
14-45 for the delinquent conduct while still a child and within the
14-46 jurisdiction of the juvenile court.
14-47 (Sections 55.45-55.50 reserved for expansion
14-48 SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS
14-49 A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
14-50 Sec. 55.51 [55.05]. LACK OF RESPONSIBILITY FOR CONDUCT
14-51 DETERMINATION; EXAMINATION. (a) A child alleged by petition to
14-52 have engaged in delinquent conduct or conduct indicating a need for
14-53 supervision is not responsible for the conduct if at the time of
14-54 the conduct, as a result of mental illness or mental retardation,
14-55 the child [he] lacks substantial capacity either to appreciate the
14-56 wrongfulness of the child's [his] conduct or to conform the child's
14-57 [his] conduct to the requirements of law.
14-58 (b) On a [If on] motion by [of] a party in which [or the
14-59 court] it is alleged that a [the] child may not be responsible as a
14-60 result of mental illness or mental retardation for the child's
14-61 conduct, the court shall order the child to be examined under
14-62 [appropriate examinations as provided by] Section 51.20 [55.01 of
14-63 this chapter]. The information obtained from the examinations must
14-64 include expert opinion as to whether the child is not responsible
14-65 for the child's conduct as a result of mental illness or mental
14-66 retardation.
14-67 (c) The issue of whether the child is not responsible for
14-68 the child's [his] conduct as a result of mental illness or mental
14-69 retardation shall be tried to the court or jury in the adjudication
15-1 hearing.
15-2 (d) Lack of responsibility for conduct as a result of mental
15-3 illness or mental retardation must be proved by a preponderance of
15-4 the evidence.
15-5 (e) In its findings or verdict the court or jury must state
15-6 whether the child is not responsible for the child's [his] conduct
15-7 as a result of mental illness or mental retardation.
15-8 (f) If the court or jury finds the child is not responsible
15-9 for the child's [his] conduct as a result of mental illness or
15-10 mental retardation, the court shall proceed [initiate proceedings]
15-11 under Section 55.52 [55.02 or 55.03 of this chapter].
15-12 (g) A child found to be not responsible for the child's
15-13 [his] conduct as a result of mental illness or mental retardation
15-14 shall not be subject to proceedings under this title with respect
15-15 to such conduct, other than proceedings under Section 55.52 [55.02
15-16 or 55.03 of this chapter].
15-17 Sec. 55.52. PROCEEDINGS FOLLOWING FINDING OF LACK OF
15-18 RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
15-19 child is not responsible for the child's conduct under Section
15-20 55.51, the court shall:
15-21 (1) if the lack of responsibility is a result of
15-22 mental illness or mental retardation:
15-23 (A) order the child placed with the Texas
15-24 Department of Mental Health and Mental Retardation for a period of
15-25 not more than 90 days, which order may not specify a shorter
15-26 period, for placement in a facility designated by the department;
15-27 or
15-28 (B) on application by the child's parent,
15-29 guardian, or guardian ad litem, order the child placed in a private
15-30 psychiatric inpatient facility for a period of not more than 90
15-31 days, which order may not specify a shorter period, but only if the
15-32 placement is agreed to in writing by the administrator of the
15-33 facility; or
15-34 (2) if the child's lack of responsibility is a result
15-35 of mental illness and the court determines that the child may be
15-36 adequately treated in an alternative setting, order the child to
15-37 receive treatment on an outpatient basis for a period of not more
15-38 than 90 days, which order may not specify a shorter period.
15-39 (b) If the court orders a child placed in a private
15-40 psychiatric inpatient facility under Subsection (a)(1)(B), the
15-41 state or a political subdivision of the state may be ordered to pay
15-42 any costs associated with the child's placement.
15-43 Sec. 55.53. TRANSPORTATION TO AND FROM FACILITY. (a) If
15-44 the court issues a placement order under Section 55.52(a)(1), the
15-45 court shall order the probation department or sheriff's department
15-46 to transport the child to the designated facility.
15-47 (b) On receipt of a report from a facility to which a child
15-48 has been transported under Subsection (a), the court shall order
15-49 the probation department or sheriff's department to transport the
15-50 child from the facility to the court. If the child is not
15-51 transported to the court before the 11th day after the date of the
15-52 court's order, an authorized representative of the facility shall
15-53 transport the child from the facility to the court.
15-54 (c) The county in which the juvenile court is located shall
15-55 reimburse the facility for the costs incurred in transporting the
15-56 child to the juvenile court as required by Subsection (b).
15-57 Sec. 55.54. INFORMATION REQUIRED TO BE SENT TO FACILITY;
15-58 REPORT TO COURT. (a) If the juvenile court issues a placement
15-59 order under Section 55.52(a), the court shall order the probation
15-60 department to send copies of any information in the possession of
15-61 the department and relevant to the issue of the child's mental
15-62 illness or mental retardation to the public or private facility or
15-63 outpatient center, as appropriate.
15-64 (b) Not later than the 75th day after the date the court
15-65 issues a placement order under Section 55.52(a), the public or
15-66 private facility or outpatient center, as appropriate, shall submit
15-67 to the court a report that:
15-68 (1) describes the treatment of the child provided by
15-69 the facility or center; and
16-1 (2) states the opinion of the director of the facility
16-2 or center as to whether the child is mentally ill or mentally
16-3 retarded.
16-4 (c) The court shall send a copy of the report submitted
16-5 under Subsection (b) to the prosecuting attorney and the attorney
16-6 for the child.
16-7 Sec. 55.55. REPORT THAT CHILD IS NOT MENTALLY ILL OR
16-8 MENTALLY RETARDED; HEARING ON OBJECTION. (a) If a report
16-9 submitted under Section 55.54(b) states that a child does not have
16-10 a mental illness or mental retardation, the juvenile court shall
16-11 discharge the child unless:
16-12 (1) an adjudication hearing was conducted concerning
16-13 conduct that included a violation of a penal law listed in Section
16-14 53.045(a) and a petition was approved by a grand jury under Section
16-15 53.045; and
16-16 (2) the prosecuting attorney objects in writing not
16-17 later than the second day after the date the attorney receives a
16-18 copy of the report under Section 55.54(c).
16-19 (b) On objection by the prosecuting attorney under
16-20 Subsection (a), the juvenile court shall hold a hearing without a
16-21 jury to determine whether the child has a mental illness or mental
16-22 retardation and whether the child meets the commitment criteria for
16-23 civil commitment under Subtitle C or D, Title 7, Health and Safety
16-24 Code.
16-25 (c) At the hearing, the burden is on the state to prove by
16-26 clear and convincing evidence that the child has a mental illness
16-27 or mental retardation and that the child meets the commitment
16-28 criteria for civil commitment under Subtitle C or D, Title 7,
16-29 Health and Safety Code.
16-30 (d) If, after a hearing, the court finds that the child does
16-31 not have a mental illness or mental retardation and that the child
16-32 does not meet the commitment criteria under Subtitle C or D, Title
16-33 7, Health and Safety Code, the court shall discharge the child.
16-34 (e) If, after a hearing, the court finds that the child has
16-35 a mental illness or mental retardation and that the child meets the
16-36 commitment criteria under Subtitle C or D, Title 7, Health and
16-37 Safety Code, the court shall issue an appropriate commitment order.
16-38 Sec. 55.56. REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
16-39 OF COMMITMENT PROCEEDINGS. If a report submitted under Section
16-40 55.54(b) states that a child has a mental illness and that the
16-41 child meets the commitment criteria for civil commitment under
16-42 Subtitle C, Title 7, Health and Safety Code, the director of the
16-43 public or private facility or outpatient center, as appropriate,
16-44 shall submit to the court two certificates of medical examination
16-45 for mental illness. On receipt of the certificates, the court
16-46 shall:
16-47 (1) initiate proceedings as provided by Section 55.57
16-48 in the juvenile court for commitment of the child under Subtitle C,
16-49 Title 7, Health and Safety Code; or
16-50 (2) refer the child's case as provided by Section
16-51 55.58 to the appropriate court for the initiation of proceedings in
16-52 that court for commitment of the child under Subtitle C, Title 7,
16-53 Health and Safety Code.
16-54 Sec. 55.57. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
16-55 MENTAL ILLNESS. (a) If the juvenile court initiates commitment
16-56 proceedings under Section 55.56(1), the prosecuting attorney may
16-57 file with the juvenile court an application for court-ordered
16-58 mental health services under Section 574.001, Health and Safety
16-59 Code. The juvenile court shall:
16-60 (1) set a date for a hearing and provide notice as
16-61 required by Sections 574.005 and 574.006, Health and Safety Code;
16-62 and
16-63 (2) conduct the hearing in accordance with Subchapter
16-64 C, Chapter 574, Health and Safety Code.
16-65 (b) After conducting a hearing under Subsection (a)(2), the
16-66 juvenile court shall:
16-67 (1) if the criteria under Section 574.034, Health and
16-68 Safety Code, are satisfied, order temporary mental health services;
16-69 or
17-1 (2) if the criteria under Section 574.035, Health and
17-2 Safety Code, are satisfied, order extended mental health services.
17-3 Sec. 55.58. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
17-4 ILLNESS. (a) If the juvenile court refers the child's case to an
17-5 appropriate court for the initiation of commitment proceedings
17-6 under Section 55.56(2), the juvenile court shall:
17-7 (1) send all papers relating to the child's mental
17-8 illness, including the verdict and judgment of the juvenile court
17-9 finding that the child was not responsible for the child's conduct,
17-10 to the clerk of the court to which the case is referred;
17-11 (2) send to the office of the appropriate county
17-12 attorney or, if a county attorney is not available, to the office
17-13 of the district attorney, copies of all papers sent to the clerk of
17-14 the court under Subdivision (1); and
17-15 (3) if the child is in detention:
17-16 (A) order the child released from detention to
17-17 the child's home or another appropriate place;
17-18 (B) order the child detained in an appropriate
17-19 place other than a juvenile detention facility; or
17-20 (C) if an appropriate place to release or detain
17-21 the child as described by Paragraph (A) or (B) is not available,
17-22 order the child to remain in the juvenile detention facility
17-23 subject to further detention orders of the court.
17-24 (b) The papers sent to a court under Subsection (a)(1)
17-25 constitute an application for mental health services under Section
17-26 574.001, Health and Safety Code.
17-27 Sec. 55.59. REPORT THAT CHILD HAS MENTAL RETARDATION;
17-28 INITIATION OF COMMITMENT PROCEEDINGS. If a report submitted under
17-29 Section 55.54(b) states that a child has mental retardation and
17-30 that the child meets the commitment criteria for civil commitment
17-31 under Subtitle D, Title 7, Health and Safety Code, the director of
17-32 the residential care facility shall submit to the court an
17-33 affidavit stating the conclusions reached as a result of the
17-34 diagnosis. On receipt of an affidavit, the juvenile court shall:
17-35 (1) initiate proceedings in the juvenile court as
17-36 provided by Section 55.60 for commitment of the child under
17-37 Subtitle D, Title 7, Health and Safety Code; or
17-38 (2) refer the child's case to the appropriate court as
17-39 provided by Section 55.61 for the initiation of proceedings in that
17-40 court for commitment of the child under Subtitle D, Title 7, Health
17-41 and Safety Code.
17-42 Sec. 55.60. COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
17-43 MENTAL RETARDATION. (a) If the juvenile court initiates
17-44 commitment proceedings under Section 55.59(1), the prosecuting
17-45 attorney may file with the juvenile court an application for
17-46 placement under Section 593.041, Health and Safety Code. The
17-47 juvenile court shall:
17-48 (1) set a date for a hearing and provide notice as
17-49 required by Sections 593.047 and 593.048, Health and Safety Code;
17-50 and
17-51 (2) conduct the hearing in accordance with Sections
17-52 593.049-593.056, Health and Safety Code.
17-53 (b) After conducting a hearing under Subsection (a)(2), the
17-54 juvenile court may order commitment of the child to a residential
17-55 care facility only if the commitment criteria under Section
17-56 593.052, Health and Safety Code, are satisfied.
17-57 Sec. 55.61. REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
17-58 RETARDATION. (a) If the juvenile court refers the child's case to
17-59 an appropriate court for the initiation of commitment proceedings
17-60 under Section 55.59(2), the juvenile court shall:
17-61 (1) send all papers relating to the child's mental
17-62 retardation to the clerk of the court to which the case is
17-63 referred;
17-64 (2) send to the office of the appropriate county
17-65 attorney or, if a county attorney is not available, to the office
17-66 of the appropriate district attorney, copies of all papers sent to
17-67 the clerk of the court under Subdivision (1); and
17-68 (3) if the child is in detention:
17-69 (A) order the child released from detention to
18-1 the child's home or another appropriate place;
18-2 (B) order the child detained in an appropriate
18-3 place other than a juvenile detention facility; or
18-4 (C) if an appropriate place to release or detain
18-5 the child as described by Paragraph (A) or (B) is not available,
18-6 order the child to remain in the juvenile detention facility
18-7 subject to further detention orders of the court.
18-8 (b) The papers sent to a court under Subsection (a)(1)
18-9 constitute an application for placement under Section 593.041,
18-10 Health and Safety Code.
18-11 SECTION 15. Section 56.01(c), Family Code, is amended to
18-12 read as follows:
18-13 (c) An appeal may be taken:
18-14 (1) by or on behalf of a child from an order entered
18-15 under:
18-16 (A) Section 54.03 [of this code] with regard to
18-17 delinquent conduct or conduct indicating a need for supervision;
18-18 (B) Section 54.04 [of this code] disposing of
18-19 the case;
18-20 (C) Section 54.05 [of this code] respecting
18-21 modification of a previous juvenile court disposition; or
18-22 (D) Chapter 55 by a juvenile court [of this
18-23 code] committing a child to a facility for the mentally ill or
18-24 mentally retarded; or
18-25 (2) by a person from an order entered under Section
18-26 54.11(i)(2) [of this code] transferring the person to the custody
18-27 of the institutional division of the Texas Department of Criminal
18-28 Justice.
18-29 SECTION 16. Section 58.001(c), Family Code, is amended to
18-30 read as follows:
18-31 (c) A law enforcement agency shall [may] forward
18-32 information, including [photographs and] fingerprints, relating to
18-33 a child who has been [detained or] taken into custody under Section
18-34 52.01 by the agency to the Department of Public Safety for
18-35 inclusion in the juvenile justice information system created under
18-36 Subchapter B, but only if the child is referred to juvenile court
18-37 on or before the 10th day after the date the child is [detained or]
18-38 taken into custody under Section 52.01. If the child is not
18-39 referred to juvenile court within that time, the law enforcement
18-40 agency shall destroy all information, including photographs and
18-41 fingerprints, relating to the child unless the child is placed in a
18-42 first offender program under Section 52.031 or on informal
18-43 disposition under Section 52.03. The law enforcement agency may
18-44 not forward any information to the Department of Public Safety
18-45 relating to the child while the child is in a first offender
18-46 program under Section 52.031, or during the 90 days following
18-47 successful completion of the program or while the child is on
18-48 informal disposition under Section 52.03. Except as provided by
18-49 Subsection (f), after the date the child completes an informal
18-50 disposition under Section 52.03 or after the 90th day after the
18-51 date the child successfully completes a first offender program
18-52 under Section 52.031, the law enforcement agency shall destroy all
18-53 information, including photographs and fingerprints, relating to
18-54 the child.
18-55 SECTION 17. Section 58.002(a), Family Code, is amended to
18-56 read as follows:
18-57 (a) Except as provided by Chapter 79, Human Resources Code,
18-58 a child may not be photographed or fingerprinted without the
18-59 consent of the juvenile court unless the child is taken into
18-60 custody or referred to the juvenile court for conduct that
18-61 constitutes a felony or a misdemeanor punishable by confinement in
18-62 jail.
18-63 SECTION 18. Section 58.007, Family Code, is amended by
18-64 adding Subsection (h) to read as follows:
18-65 (h) The juvenile court may disseminate to the public the
18-66 following information relating to a child who is the subject of a
18-67 directive to apprehend or a warrant of arrest and who cannot be
18-68 located for the purpose of apprehension:
18-69 (1) the child's name, including other names by which
19-1 the child is known;
19-2 (2) the child's physical description, including sex,
19-3 weight, height, race, ethnicity, eye color, hair color, scars,
19-4 marks, and tattoos;
19-5 (3) a photograph of the child; and
19-6 (4) a description of the conduct the child is alleged
19-7 to have committed, including the level and degree of the alleged
19-8 offense.
19-9 SECTION 19. Section 58.106(c), Family Code, is amended to
19-10 read as follows:
19-11 (c) The department may, if necessary to protect the welfare
19-12 of the community, disseminate to the public the following
19-13 information relating to a juvenile [offender] who has escaped from
19-14 the custody of the Texas Youth Commission or from another secure
19-15 detention or correctional facility:
19-16 (1) the juvenile's [juvenile offender's] name,
19-17 including other names by which the juvenile [offender] is known;
19-18 (2) the juvenile's [juvenile offender's] physical
19-19 description, including sex, weight, height, race, ethnicity, eye
19-20 color, hair color, scars, marks, and tattoos;
19-21 (3) a photograph of the juvenile [offender]; and
19-22 (4) a description of the conduct for which the
19-23 juvenile [offender] was committed to the Texas Youth Commission or
19-24 detained in the secure detention or correctional facility,
19-25 including the level and degree of the alleged offense.
19-26 SECTION 20. Section 59.003(a), Family Code, is amended to
19-27 read as follows:
19-28 (a) Subject to Subsection (e), after a child's first
19-29 commission of delinquent conduct or conduct indicating a need for
19-30 supervision, the probation department or prosecuting attorney may,
19-31 or the juvenile court may, in a disposition hearing under Section
19-32 54.04 or a modification hearing under Section 54.05, assign a child
19-33 one of the following sanction levels according to the child's
19-34 conduct:
19-35 (1) for conduct indicating a need for supervision,
19-36 other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
19-37 or a Class A or B misdemeanor, the sanction level is one;
19-38 (2) for conduct indicating a need for supervision
19-39 under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
19-40 misdemeanor, other than a misdemeanor involving the use or
19-41 possession of a firearm, or for delinquent conduct under Section
19-42 51.03(a)(2) or (3), the sanction level is two;
19-43 (3) for a misdemeanor involving the use or possession
19-44 of a firearm or for a state jail felony or a felony of the third
19-45 degree, the sanction level is three;
19-46 (4) for a felony of the second degree, the sanction
19-47 level is four;
19-48 (5) for a felony of the first degree, other than a
19-49 felony involving the use of a deadly weapon or causing serious
19-50 bodily injury, the sanction level is five;
19-51 (6) for a felony of the first degree involving the use
19-52 of a deadly weapon or causing serious bodily injury, for an
19-53 aggravated controlled substance felony, or for a capital felony,
19-54 the sanction level is six; or
19-55 (7) for a felony of the first degree involving the use
19-56 of a deadly weapon or causing serious bodily injury, for an
19-57 aggravated controlled substance felony, or for a capital felony, if
19-58 the petition has been approved by a grand jury under Section
19-59 53.045, or if a petition to transfer the child to criminal court
19-60 has been filed under Section 54.02, the sanction level is seven.
19-61 SECTION 21. Section 59.005(a), Family Code, is amended
19-62 to read as follows:
19-63 (a) For a child at sanction level two, the juvenile court,
19-64 the prosecuting attorney, or the probation department may, as
19-65 provided by Section 53.03:
19-66 (1) place the child on deferred prosecution [or
19-67 court-ordered probation] for not less than three months or more
19-68 than six months;
19-69 (2) require the child to make restitution to the
20-1 victim of the child's conduct or perform community service
20-2 restitution appropriate to the nature and degree of harm caused and
20-3 according to the child's ability;
20-4 (3) require the child's parents or guardians to
20-5 identify restrictions the parents or guardians will impose on the
20-6 child's activities and requirements the parents or guardians will
20-7 set for the child's behavior;
20-8 (4) provide the information required under Sections
20-9 59.004(a)(2) and (4);
20-10 (5) require the child or the child's parents or
20-11 guardians to participate in a program for services under Section
20-12 264.302, if a program under Section 264.302 is available to the
20-13 child or the child's parents or guardians;
20-14 (6) refer the child to a community-based citizen
20-15 intervention program approved by the juvenile court; and
20-16 (7) if appropriate, impose additional conditions of
20-17 probation.
20-18 SECTION 22. Section 59.014, Family Code, is amended to read
20-19 as follows:
20-20 Sec. 59.014. APPEAL. A child may not bring an appeal or a
20-21 postconviction writ of habeas corpus based on the:
20-22 (1) [The] failure or inability of any person to
20-23 provide a service listed under Sections 59.004-59.010;
20-24 (2) [or the] failure of a court or of any person to
20-25 make a sanction level assignment as provided in Section 59.002 or
20-26 59.003; or
20-27 (3) failure of a juvenile court or probation
20-28 department to report a deviation from the guidelines as required by
20-29 Section 59.003(e) [may not be used by a child as a ground for
20-30 appeal or for a postconviction writ of habeas corpus].
20-31 SECTION 23. Section 232.002, Family Code, is amended to read
20-32 as follows:
20-33 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
20-34 following state agencies are licensing authorities subject to this
20-35 chapter:
20-36 (1) Department of Agriculture;
20-37 (2) Texas Commission on Alcohol and Drug Abuse;
20-38 (3) Texas Alcoholic Beverage Commission;
20-39 (4) Texas Appraiser Licensing and Certification Board;
20-40 (5) Texas Board of Architectural Examiners;
20-41 (6) State Board of Barber Examiners;
20-42 (7) Texas Board of Chiropractic Examiners;
20-43 (8) Comptroller of Public Accounts;
20-44 (9) Texas Cosmetology Commission;
20-45 (10) Court Reporters Certification Board;
20-46 (11) State Board of Dental Examiners;
20-47 (12) Texas State Board of Examiners of Dietitians;
20-48 (13) Texas Funeral Service Commission;
20-49 (14) Texas Department of Health;
20-50 (15) Texas Department of Human Services;
20-51 (16) Texas Board of Professional Land Surveying;
20-52 (17) Texas Department of Licensing and Regulation;
20-53 (18) Texas State Board of Examiners of Marriage and
20-54 Family Therapists;
20-55 (19) Texas State Board of Medical Examiners;
20-56 (20) Midwifery Board;
20-57 (21) Texas Natural Resource Conservation Commission;
20-58 (22) Board of Nurse Examiners;
20-59 (23) Texas Board of Occupational Therapy Examiners;
20-60 (24) Texas Optometry Board;
20-61 (25) Parks and Wildlife Department;
20-62 (26) Texas State Board of Examiners of Perfusionists;
20-63 (27) Texas State Board of Pharmacy;
20-64 (28) Texas Board of Physical Therapy Examiners;
20-65 (29) Texas State Board of Plumbing Examiners;
20-66 (30) Texas State Board of Podiatric Medical Examiners;
20-67 (31) Polygraph Examiners Board;
20-68 (32) Texas Board of Private Investigators and Private
20-69 Security Agencies;
21-1 (33) Texas State Board of Examiners of Professional
21-2 Counselors;
21-3 (34) State Board of Registration for Professional
21-4 Engineers;
21-5 (35) Department of Protective and Regulatory Services;
21-6 (36) Texas State Board of Examiners of Psychologists;
21-7 (37) Texas State Board of Public Accountancy;
21-8 (38) Department of Public Safety of the State of
21-9 Texas;
21-10 (39) Public Utility Commission of Texas;
21-11 (40) Railroad Commission of Texas;
21-12 (41) Texas Real Estate Commission;
21-13 (42) State Bar of Texas;
21-14 (43) Texas State Board of Social Worker Examiners;
21-15 (44) State Board of Examiners for Speech-Language
21-16 Pathology and Audiology;
21-17 (45) Texas Structural Pest Control Board;
21-18 (46) Board of Tax Professional Examiners;
21-19 (47) Secretary of State;
21-20 (48) Supreme Court of Texas;
21-21 (49) Texas Transportation Commission;
21-22 (50) State Board of Veterinary Medical Examiners;
21-23 (51) Board of Vocational Nurse Examiners;
21-24 (52) Texas Ethics Commission;
21-25 (53) Advisory Board of Athletic Trainers;
21-26 (54) State Committee of Examiners in the Fitting and
21-27 Dispensing of Hearing Instruments;
21-28 (55) Texas Board of Licensure for Professional Medical
21-29 Physicists; [and]
21-30 (56) Texas Department of Insurance;[.]
21-31 (57) Texas Board of Orthotics and Prosthetics; and
21-32 (58) Texas Juvenile Probation Commission.
21-33 SECTION 24. Section 261.103, Family Code, is amended to read
21-34 as follows:
21-35 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. (a)
21-36 Except as provided by Subsection (b), a [A] report shall be made
21-37 to:
21-38 (1) any local or state law enforcement agency;
21-39 (2) the department if the alleged or suspected abuse
21-40 involves a person responsible for the care, custody, or welfare of
21-41 the child;
21-42 (3) the state agency that operates, licenses,
21-43 certifies, or registers the facility in which the alleged abuse or
21-44 neglect occurred; or
21-45 (4) the agency designated by the court to be
21-46 responsible for the protection of children.
21-47 (b) A report may be made to the Texas Youth Commission
21-48 instead of the entities listed under Subsection (a) if the report
21-49 is based on information provided by a child while under the
21-50 supervision of the commission concerning the child's alleged abuse
21-51 of another child.
21-52 SECTION 25. Section 261.105, Family Code, is amended by
21-53 adding Subsection (e) to read as follows:
21-54 (e) In cooperation with the department, the Texas Youth
21-55 Commission by rule shall adopt guidelines for identifying a report
21-56 made to the commission under Section 261.103(b) that is appropriate
21-57 to refer to the department or a law enforcement agency for
21-58 investigation. Guidelines adopted under this subsection must
21-59 require the commission to consider the severity and immediacy of
21-60 the alleged abuse or neglect of the child victim.
21-61 SECTION 26. Section 261.405, Family Code, as amended by
21-62 Chapters 162 and 1374, Acts of the 75th Legislature, Regular
21-63 Session, 1997, is reenacted and amended to read as follows:
21-64 Sec. 261.405. INVESTIGATIONS IN [PRE-ADJUDICATION AND
21-65 POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
21-66 (a) A report of alleged abuse or neglect in a public or private
21-67 juvenile pre-adjudication secure detention facility, including
21-68 hold-over facilities, or public or private juvenile
21-69 post-adjudication secure correctional facility, except for a
22-1 facility operated solely for children committed to the Texas Youth
22-2 Commission, shall be made to a local law enforcement agency for
22-3 investigation. The local law enforcement agency shall immediately
22-4 notify the Texas Juvenile Probation Commission of any report the
22-5 agency receives.
22-6 (b) The Texas Juvenile Probation Commission shall conduct an
22-7 investigation as provided by this chapter if the commission
22-8 receives a report of alleged abuse or neglect in any program,
22-9 including a juvenile justice alternative education program,
22-10 operated wholly or partly by:
22-11 (1) a local juvenile probation department; or
22-12 (2) a private vendor operating under the authority of
22-13 a county juvenile board in accordance with the standards adopted by
22-14 the commission.
22-15 (c) In an investigation required under this section, the
22-16 investigating agency shall have access to medical and mental health
22-17 records as provided by Subchapter D.
22-18 SECTION 27. The heading to Article 4.18, Code of Criminal
22-19 Procedure, is amended to read as follows:
22-20 Art. 4.18. CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
22-21 JUVENILE COURT].
22-22 SECTION 28. Article 4.18, Code of Criminal Procedure, is
22-23 amended by adding Subsection (g) to read as follows:
22-24 (g) This article does not apply to a claim of a defect or
22-25 error in a discretionary transfer proceeding in juvenile court. A
22-26 defendant may appeal a defect or error only as provided by Article
22-27 44.47.
22-28 SECTION 29. Section 8(c), Article 42.09, Code of Criminal
22-29 Procedure, is amended to read as follows:
22-30 (c) A county that transfers a defendant to the Texas
22-31 Department of Criminal Justice under this article shall also
22-32 deliver to the designated officer any presentence or postsentence
22-33 investigation report, revocation report, psychological or
22-34 psychiatric evaluation of the defendant, including an evaluation
22-35 prepared for the juvenile court before transferring the defendant
22-36 to criminal court and contained in the criminal prosecutor's file,
22-37 and available social or psychological background information
22-38 relating to the defendant and may deliver to the designated officer
22-39 any additional information upon which the judge or jury bases the
22-40 punishment decision.
22-41 SECTION 30. Subchapter A, Chapter 25, Education Code, is
22-42 amended by adding Section 25.0011 to read as follows:
22-43 Sec. 25.0011. CERTAIN INCARCERATED CHILDREN. (a) For
22-44 purposes of Section 25.001, a person is not considered to reside in
22-45 a school district if:
22-46 (1) the person is incarcerated in a private juvenile
22-47 detention facility in the district as a result of the order of a
22-48 court in another state; and
22-49 (2) the person resided in another state or country
22-50 immediately before incarceration in the facility.
22-51 (b) A school district may provide educational services to a
22-52 person described by Subsection (a) if the district is fully
22-53 compensated for the cost of the services through payment of tuition
22-54 for the person by the operator of the juvenile detention facility
22-55 or other person having lawful control of the person in an amount
22-56 equal to the actual cost of educating the person.
22-57 (c) For purposes of this section, "private juvenile
22-58 detention facility" means a juvenile detention facility that is not
22-59 operated by a governmental entity.
22-60 SECTION 31. Section 576.025(a), Health and Safety Code, is
22-61 amended to read as follows:
22-62 (a) A person may not administer a psychoactive medication to
22-63 a patient receiving voluntary or involuntary mental health services
22-64 who refuses the administration unless:
22-65 (1) the patient is having a medication-related
22-66 emergency;
22-67 (2) the patient is younger than 16 years of age and
22-68 the patient's parent, managing conservator, or guardian consents to
22-69 the administration on behalf of the patient;
23-1 (3) the refusing patient's representative authorized
23-2 by law to consent on behalf of the patient has consented to the
23-3 administration;
23-4 (4) the administration of the medication regardless of
23-5 the patient's refusal is authorized by an order issued under
23-6 Section 574.106; or
23-7 (5) the patient is receiving court-ordered mental
23-8 health services authorized by an order issued under:
23-9 (A) Article 46.02 or 46.03, Code of Criminal
23-10 Procedure; or
23-11 (B) Chapter 55, Family Code.
23-12 SECTION 32. Section 61.077, Human Resources Code, is amended
23-13 by adding Subsections (c)-(f) to read as follows:
23-14 (c) If a child who is discharged from the commission under
23-15 Subsection (b) as a result of mental illness is not receiving
23-16 court-ordered mental health services, the child's discharge is
23-17 effective on the earlier of:
23-18 (1) the date the court enters an order regarding an
23-19 application for mental health services filed under Section
23-20 61.0772(b); or
23-21 (2) the 30th day after the date the application is
23-22 filed.
23-23 (d) If a child who is discharged from the commission under
23-24 Subsection (b) as a result of mental illness is receiving
23-25 court-ordered mental health services, the child's discharge from
23-26 the commission is effective immediately. If the child is receiving
23-27 mental health services outside the child's home county, the
23-28 commission shall notify the mental health authority located in that
23-29 county of the discharge not later than the 30th day after the date
23-30 that the child's discharge is effective.
23-31 (e) If a child who is discharged from the commission under
23-32 Subsection (b) as a result of mental retardation is not receiving
23-33 mental retardation services, the child's discharge is effective on
23-34 the earlier of:
23-35 (1) the date the court enters an order regarding an
23-36 application for mental retardation services filed under Section
23-37 61.0772(c); or
23-38 (2) the 30th day after the date that the application
23-39 is filed.
23-40 (f) If a child who is discharged from the commission under
23-41 Subsection (b) as a result of mental retardation is receiving
23-42 mental retardation services, the child's discharge from the
23-43 commission is effective immediately.
23-44 SECTION 33. Sections 61.0772(b) and (c), Human Resources
23-45 Code, are amended to read as follows:
23-46 (b) Before [Not later than the 30th day before the date] a
23-47 child who is identified as mentally ill is discharged from the
23-48 commission's custody under Section 61.077(b), a commission
23-49 psychiatrist shall examine the child. The commission [psychiatrist]
23-50 shall file a sworn application for court-ordered mental health
23-51 services, as provided in Subchapter C, Chapter 574, Health and
23-52 Safety Code, if:
23-53 (1) the child is not receiving court-ordered mental
23-54 health services; and
23-55 (2) the psychiatrist who examined the child determines
23-56 that the child is mentally ill and the child meets at least one of
23-57 the criteria listed in Section 574.034, Health and Safety Code.
23-58 (c) Before [Not later than the 30th day before the date] a
23-59 child who is identified as mentally retarded under Chapter 593,
23-60 Health and Safety Code, is discharged from the commission's custody
23-61 under Section 61.077(b), the commission shall refer the child for
23-62 [a determination of] mental retardation services if the child is
23-63 not receiving mental retardation services [and an interdisciplinary
23-64 team recommendation of the child, as provided by Chapter 593,
23-65 Health and Safety Code, to be performed at a facility approved or
23-66 operated by the Texas Department of Mental Health and Mental
23-67 Retardation or at a community center established in accordance with
23-68 Chapter 534, Health and Safety Code].
23-69 SECTION 34. Section 61.093(b), Human Resources Code, is
24-1 amended to read as follows:
24-2 (b) A child who is arrested or taken into custody under
24-3 Subsection (a) [of this section] may be detained in any suitable
24-4 place, including an adult jail facility if the person is 17 years
24-5 of age or older, until the child is returned to the custody of the
24-6 commission or transported to a commission facility.
24-7 SECTION 35. Section 729.001(c), Transportation Code, is
24-8 amended to read as follows:
24-9 (c) An offense under this section is punishable by the fine
24-10 or other sanction, other than confinement or imprisonment,
24-11 authorized by statute for violation of the traffic law listed under
24-12 Subsection (a) that is the basis of the prosecution under this
24-13 section [a Class C misdemeanor].
24-14 SECTION 36. Section 729.002(b), Transportation Code, is
24-15 amended to read as follows:
24-16 (b) An offense under this section is punishable in the same
24-17 manner as if the person was 17 years of age or older and operated a
24-18 motor vehicle without a license as described by Subsection (a),
24-19 except that an offense under this section is not punishable by
24-20 confinement or imprisonment [a Class C misdemeanor].
24-21 SECTION 37. Sections 141.0475 and 141.0476, Human Resources
24-22 Code, are repealed.
24-23 SECTION 38. (a) Except as provided otherwise by this
24-24 section, the change in law made by this Act applies only to conduct
24-25 that occurs on or after the effective date of this Act. Conduct
24-26 violating a penal law of the state occurs on or after the effective
24-27 date of this Act if every element of the violation occurs on or
24-28 after that date. Conduct that occurs before the effective date of
24-29 this Act is covered by the law in effect at the time the conduct
24-30 occurred, and the former law is continued in effect for that
24-31 purpose.
24-32 (b) The change in law made by Sections 16, 18, and 19 of
24-33 this Act applies to the dissemination or inspection of information
24-34 on or after the effective date of this Act without regard to
24-35 whether the information was compiled before, on, or after that
24-36 date.
24-37 (c) The change in law made by Section 26 of this Act applies
24-38 only to a report received by a local law enforcement agency or the
24-39 Texas Juvenile Probation Commission on or after the effective date
24-40 of this Act.
24-41 (d) The change in law made by Section 8 of this Act applies
24-42 to discretionary transfer proceedings in which the discretionary
24-43 transfer petition or motion was filed on after the effective date
24-44 of this Act.
24-45 SECTION 39. The change in law made by Section 25.0011,
24-46 Education Code, as added by this Act, applies beginning with the
24-47 1999-2000 school year.
24-48 SECTION 40. This Act takes effect September 1, 1999.
24-49 SECTION 41. The importance of this legislation and the
24-50 crowded condition of the calendars in both houses create an
24-51 emergency and an imperative public necessity that the
24-52 constitutional rule requiring bills to be read on three several
24-53 days in each house be suspended, and this rule is hereby suspended.
24-54 * * * * *