HBA-LJP H.B. 822 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 822
By: Giddings
Juvenile Justice & Family Issues
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a justice or municipal court was authorized
to defer proceedings, and a juvenile court was authorized to defer
adjudication proceedings, against certain teen defendants for 90 days on
successful completion of a teen court program.  The teen court program is
an alternative system of justice, which offers young offenders an
opportunity to make restitution for their offenses.  A youth referred to a
teen court appears before a jury of peers, consisting of teenage volunteers
from local secondary schools.  Teen court keeps the offense off of the
teen's record.  House Bill 822 authorizes a justice or a municipal or
juvenile court to defer proceedings or adjudication against such youth for
not more than 180 days and increases the time period in which the youth is
to complete the teen court program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 822 amends the Code of Criminal Procedure and the Family Code to
increase from 90 to not more than 180, the number of days a justice or a
municipal or juvenile court is authorized to defer proceedings or
adjudication against a defendant who is under the age of 18 or enrolled
full time in an accredited secondary school in a program leading toward a
high school diploma.  The bill requires the defendant to complete the teen
court program not later than the 90th day after the date the teen court
hearing to determine punishment is held or the last day of the deferral
period, whichever date is earlier.  The bill requires the justice or a
municipal or juvenile court to dismiss the charge or the case with
prejudice at the time the defendant presents satisfactory evidence that the
defendant has successfully completed the teen court program. 

EFFECTIVE DATE

September 1, 2001.