SRC-JBJ C.S.H.B. 822 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 822
77R14254 JMC-FBy: Giddings (West, Royce)
Jurisprudence
5/1/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Under current Texas law, some teen courts are experiencing an undue and
unnecessary burden in the execution of juvenile justice.  C.S.H.B. 822
would amend the period a justice or municipal court is authorized to defer
proceedings.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Articles 45.052(a) and (c), Code of Criminal Procedure,
to authorize a justice or municipal court to defer proceedings 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 for not
more than 180 days, rather than for 90 days, if the defendant meets certain
conditions.  Requires a defendant for whom proceedings are deferred under
Subsection (a) 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.
Requires the justice or municipal court to dismiss the charge at the time,
rather than the conclusion of the deferral period if, the defendant
presents satisfactory evidence that the defendant has successfully
completed the teen court program. 

SECTION 2.  Amends Sections 54.032(a) and (c), Family Code, to make
conforming and nonsubstantive changes. 

SECTION 3.  Effective date: September 1, 2001.
            Makes application of this Act prospective.

SUMMARY OF COMMITTEE CHANGES

Differs from the original by amending the relating clause.

SECTION 1.  Differs from the original by amending previously proposed
changes to provisions regarding the completion of a teen court program.
Adds provisions regarding the dismissal of the charge under certain
conditions. 

SECTION 2.  Makes conforming changes.

SECTION 3.  No change.