SRC-JBJ H.B. 1118 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1118
By: Goodman (West)
Jurisprudence
4/27/2001
Engrossed


DIGEST AND PURPOSE 

In preparation for the 77th Legislature, many juvenile justice
practitioners and officials met in workgroups to identify areas of concern
relating to the adjudication and disposition of juvenile conduct and the
administration of the juvenile justice system.  H.B. 1118 sets forth
provisions and modifications to the juvenile justice system based on
recommendations that were the product of these workgroup meetings.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Juvenile Probation
Commission and the Texas Youth Commission in SECTION 40 (Section 58.209,
Family Code) of this bill. 

Rulemaking authority previously granted to the Texas Juvenile Probation
Commission and the  Texas Youth Commission is removed in SECTION 58
(Section 141.0471, Human Resources Code) of this bill. 

Rulemaking authority is expressly granted to the Texas Juvenile Probation
Commission in SECTION 59 (Section 141.061, Human Resources Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.02(12), Family Code, to redefine "referral to
juvenile court." 

SECTION 2.  Amends Section 51.03(a), Family Code, to redefine "delinquent
conduct." 

SECTION 3.  Amends Section 51.04(g), Family Code, to delete existing text
regarding the juvenile court. 

SECTION 4.  Amends Section 51.041, Family Code, is amended to read as
follows: 

Sec. 51.041.  JURISDICTION AFTER APPEAL.  (a)  Provides that the court
retains jurisdiction over a person, without regard to the age of the
person, for conduct engaged in by the person before becoming 17 years of
age if, as a result of an appeal by the person under Chapter 56 or under
Article 44.47 (Appeal of Transfer from Juvenile Court), Code of Criminal
Procedure, of an order of the court, the order is reversed or modified and
the case remanded to the court by the appellate court. 

(b)  Requires a juvenile court, if the respondent is at least 18 years of
age when the order of remand from the appellate court is received by the
juvenile court, to proceed as provided by Sections 54.02(o)-(r) for the
detention of a person at least 18 years of age in discretionary transfer
proceedings.  Authorizes the juvenile court, pending retrial of the
adjudication or transfer proceeding, to take one of certain enumerated
actions. 

SECTION 5.  Amends Chapter 51, Family Code, by adding Section 51.0412, as
follows: 
 
Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS.  Provides that the
court retains jurisdiction over a person, without regard to the age of the
person, who is a respondent in an adjudication proceeding, a disposition
proceeding, or a proceeding to modify disposition if certain conditions are
met. 

SECTION 6.  Amends Section 51.08, Family Code, by amending Subsection (b)
and adding Subsection (d), to authorize, as an exception to Subsection (b),
a court that has implemented a juvenile case manager program under Article
45.054, Code of Criminal Procedure, to waive its original jurisdiction
under Subsection (b)(1), but provides that the court is not required to do
so. 
 
SECTION 7.  Amends Section 51.095(a), Family Code, to provide that
notwithstanding Section 51.09, the statement of a child is admissible in
evidence in any future proceeding concerning the matter about which the
statement was given if the statement is made orally and the child makes a
statement of facts or circumstances that are found to be true and tend,
rather than which conduct tends, to establish the child's guilt, such as
the finding of secreted or stolen property, or the instrument with which
the child states the offense was committed. 

SECTION 8.  Amends Section 51.10(e), Family Code, to authorize the court to
enforce orders under Subsection (d), rather than Subsection (c), by
proceedings under Section 54.07 or by appointing counsel and ordering the
parent or other person responsible for support of the child to pay a
reasonable attorney's fee set by the court.   

SECTION 9.  Amends Chapter 51, Family Code, by adding Section 51.101, as
follows: 

Sec. 51.101.  APPOINTMENT OF ATTORNEY AND CONTINUATION OF REPRESENTATION.
(a)  Requires an attorney, if the attorney is appointed at the initial
detention hearing and the child is detained, to continue to represent the
child until the case is terminated, the family retains an attorney, or a
new attorney is appointed by the juvenile court. Provides that release of
the child from detention does not terminate the attorney's representation. 

(b)  Requires the attorney appointed under Section 51.10(c), if there is an
initial detention hearing without an attorney and the child is detained, to
continue to represent the child until the case is terminated, the family
retains an attorney, or a new attorney is appointed by the juvenile court.
Provides that release of the child from detention does not terminate the
attorney's representation. 

(c)  Requires the juvenile court to determine, on the filing of a petition,
whether the child's family is indigent if certain conditions are present. 

(d)  Requires a juvenile court that makes a finding of indigence under
Subsection (c) to appoint an attorney to represent the child on or before
the fifth working day after the date the petition for adjudication or
discretionary transfer hearing was served on the child.  Requires an
attorney appointed under this subsection to continue to represent the child
until the case is terminated, the family retains an attorney, or a new
attorney is appointed by the juvenile court. 

(e)  Requires the juvenile court to determine whether the child's family is
indigent if a motion or petition is filed under Section 54.05 seeking to
modify disposition by committing the child to the Texas Youth Commission
(TYC) or placing the child in a secure correctional facility.  Requires a
court that makes a finding of indigence to appoint an attorney to represent
the child on or before the fifth working day after the date the petition or
motion has been filed.  Requires an attorney appointed under this
subsection to continue to represent the child until the court rules on the
motion or petition, the family retains an attorney, or a new attorney is
appointed. 
  
SECTION 10.  Amends Sections 51.12(b), (c), and (l), Family Code, to
require the juvenile board, rather than court, to control the conditions
and terms of detention and detention supervision and to permit visitation
with the child at all reasonable times.  Requires, in each county, each
judge of the juvenile court and a majority of the members of the juvenile
board to personally inspect the juvenile pre-adjudication secure detention
facilities and any public or private juvenile secure correctional
facilities used for post-adjudication confinement that are located in the
county and operated under authority of the juvenile board at least annually
and to certify in writing to the authorities responsible for operating and
giving financial support to the facilities and to the Texas Juvenile
Probation Commission (TJPC) that they are suitable or unsuitable for the
detention of children in accordance with certain requirements and
standards.  Makes a conforming change. 

SECTION 11.  Amends Sections 52.01(c) and (d), Family Code, to make
conforming and nonsubstantive changes. 

SECTION 12.  Amends Sections 52.02(a) and (b), Family Code, to make
conforming and nonsubstantive changes. 

SECTION 13.  Amends Section 52.025(a), Family Code, to make conforming and
nonsubstantive changes. 
 
SECTION 14.  Amends Sections 52.027(f) and (i), Family Code, to redefine
"child" in this section. Makes conforming changes. 

SECTION 15.  Amends Section 52.03(d), Family Code, to make a conforming
change. 
 
SECTION 16.  Amends Sections 52.04(a) and (b), Family Code, to make
conforming and nonsubstantive changes. 

SECTION 17.  Amends Sections 52.041(c) and (d), Family Code, to make
conforming changes. 

SECTION 18.  Amends Sections 53.01(a) and (c), Family Code, to make
conforming and nonsubstantive changes. 

SECTION 19.  Amends Section 54.01(l), Family Code, to make conforming and
nonsubstantive changes. 

SECTION 20.  Amends Chapter 54, Family Code, by adding Section 54.023, as
follows: 

Sec. 54.023.  JUSTICE OR MUNICIPAL COURT:  ENFORCEMENT.  (a)  Authorizes
the justice or municipal court, if a child intentionally or knowingly fails
to obey a lawful order of disposition after an adjudication of guilt of an
offense that a justice or municipal court has jurisdiction of under Article
4.11 or 4.14 (Jurisdiction of justice courts or Jurisdiction of municipal
court), Code of Criminal Procedure, to take certain enumerated action. 

(b)  Requires a court that orders suspension or denial of a child's
driver's license or permit to notify the Department of Public Safety
(department) on receiving proof that the child has fully complied with the
orders of the court. 

(c)  Authorizes a justice or municipal court to hold a person in contempt
and impose a remedy authorized by Subsection (a)(2) under certain
conditions. 

(d)  Authorizes a justice or municipal court to hold a person in contempt
and impose a remedy authorized by Subsection (a)(2) if the person, while
younger than 17 years of age, engaged in conduct in contempt of an order of
the justice or municipal court but  contempt proceedings could not be held
before the child's 17th birthday. 

(e)  Prohibits a justice or municipal court from ordering a child to a term
of confinement or imprisonment for contempt of a justice or municipal court
order under this section. 

(f)  Prohibits a justice or municipal court from referring a child who
violates a court order while 17 years of age or older to a juvenile court
for delinquency proceedings for contempt of court. 
 
SECTION 21.  Amends Section 54.03(c), Family Code, to require the jury, if
the hearing is on a petition that has been approved by the grand jury under
Section 53.045, to consist of 12 persons and be selected in accordance with
the requirements in criminal cases.  
 
SECTION 22.  Reenacts Section 54.04, Family Code, as amended by Chapters
1193, 1415, 1448, and 1477, Acts of the 76th Legislature, Regular Session,
1999, with the following changes: 

 Sec. 54.04.  DISPOSITION HEARING.  (a)  Makes a nonsubstantive change.

  (b)  Makes a nonsubstantive change.

(d)  Authorizes the court, if the court or jury makes the finding specified
in Subsection (c) allowing the court to make a disposition in the case and
if the court or jury found at the conclusion of the adjudication hearing
that the child engaged in delinquent conduct that violates a penal law of
this state or the United States of the grade of felony or, if the
requirements of Subsection (s) or (t), rather than Subsection (q), are met,
of the grade of misdemeanor, and if the petition was not approved by the
grand jury under Section 53.045, to commit the child to TYC without a
determinate sentence. 
  
  (g)  Makes a nonsubstantive change.
  
  (h)  Makes a nonsubstantive change.

(i)  Authorizes the court, if the court places the child on probation
outside the child's home or commits the child to TYC, to approve an
administrative body to conduct permanency hearings pursuant to 42 U.S.C.
Section 675 if required during the placement or commitment of the child. 

(j)  Requires the court to require that the child's thumbprint be affixed
to the order and authorizes the court to require that a photograph of the
child be attached to the order, if the court or jury found that the child
engaged in delinquent conduct that included a violation of a penal law of
the grade of felony or jailable misdemeanor. 
 
  (k)  Makes a nonsubstantive change.

(o)  Prohibits a status offender from being committed, under any
circumstances, to TYC for engaging in conduct that would not, under state
or local law, be a crime if committed by an adult.  Prohibits a status
offender from being placed, under any circumstances other than as provided
under Subsection (n), in a post-adjudication secure correctional facility
in a disposition under this title.  Prohibits a child adjudicated for
contempt of a justice or municipal court order from being place, under any
circumstances, in a post-adjudication secure correctional facility or
committed to TYC for that conduct. 

(s)  Reletters existing text of Subsection (q) as Subsection (s).  Deletes
existing text regarding a felony offense. 
 
(t)  Authorizes the court to make a disposition under Subsection (d)(2) for
delinquent conduct that violates a penal law of the grade of misdemeanor
under certain conditions. 

(u)  Provides that for the purposes of disposition under Subsection (d)(2),
delinquent conduct that violates a penal law of this state of the grade of
felony or misdemeanor does not include conduct that violates a lawful order
of a municipal, justice, or juvenile court under circumstances that would
constitute contempt of that court. 
 
SECTION 23.  Amends Section 54.041, Family Code, by amending Subsection (b)
and adding Subsection (h), to provide an exception to certain provisions of
Subsection (b).  Requires the district court, if the juvenile court places
the child on probation in a determinate sentence proceeding initiated under
Section 53.045 and transfers supervision on the child's 18th birthday to a
district court for placement on community supervision, to require the
payment of any unpaid restitution as a condition of the community
supervision.  Prohibits the liability of the child's parent for restitution
from being extended by transfer to a district court for supervision. 
 
SECTION 24.  Amends Section 54.044(a), Family Code, to require the court,
if the court places a child on probation under Section 54.04(d), to require
as a condition of probation that the child work a specified number of hours
at a community service project approved by the court and designated by the
juvenile probation department, rather than board, as provided by Subsection
(e), unless the court determines and enters a finding on the order placing
the child on probation that certain conditions exist. 
 
SECTION 25.  Amends Chapter 54, Family Code, by adding Section 54.048, as
follows: 

Sec. 54.048.  RESTITUTION.  Authorizes a juvenile court, in a disposition
hearing under Section 54.04, to order restitution to be made by the child
and the child's parents.  Provides that this section applies without regard
to whether the petition in the case contains a plea for restitution. 
 
SECTION 26.  Amends Sections 54.05(d) and (h), Family Code, to delete
existing text regarding an adjudication hearing on a petition to modify
disposition.  Requires a hearing to be held prior to placement in a
post-adjudication secure correctional facility for a period longer than 30
days or commitment to TYC as a modified disposition.  
 
SECTION 27.  Redesignates Section 54.05(j), Family Code, as added by
Chapter 1448, Acts of the 76th Legislature, Regular Session, 1999, as
Section 54.05(k), Family Code, with the following changes: 
 
(k)  Authorizes the court to modify a disposition under Subsection (f) that
is based on a finding that the child engaged in delinquent conduct that
violates a penal law of the grade of misdemeanor if certain conditions
exist. 

SECTION 28.  Amends Section 54.11(d), Family Code, to authorize the court,
at a hearing under this section, to consider written reports from probation
officers, professional court employees, professional consultants, or
employees of TYC, in addition to the testimony of witnesses.  
 
SECTION 29.  Amends Section 55.41, Family Code, by adding Subsection (c),
to require the Texas Department of Mental Health and Mental Retardation
(TDMHMR) or the appropriate community center, on receipt of the court's
order, to admit the child to a residential care facility. 
 
SECTION 30.  Amends Chapter 55C, Family Code, by adding Section 55.45, as
follows: 

Sec. 55.45.  STANDARDS OF CARE; NOTICE OF RELEASE OR FURLOUGH.  (a)
Requires the child, if the juvenile court or a court to which the child's
case is referred under Section 55.37(2) orders mental health services for
the child, to be cared for, treated, and  released in accordance with Title
7C (Texas Mental Health Code), Health and Safety Code, except that the
administrator of a mental health facility is required to notify, in
writing, by certified mail, return receipt requested, the juvenile court
that ordered mental health services or that referred the case to a court
that ordered mental health services of the intent to discharge the child on
or before the 10th day before the date of discharge. 
 
(b)  Requires the child, if the juvenile court or a court to which the
child's case is referred under Section 55.40(2) orders the commitment of
the child to a residential care facility, to be cared for, treated, and
released in accordance with Title 7D (Persons with Mental Retardation Act),
Health and Safety Code, except that the administrator of the residential
care facility is required to notify, in writing, by certified mail, return
receipt requested, the juvenile court that ordered commitment of the child
or that referred the case to a court that ordered commitment of the child
of the intent to discharge or furlough the child on or before the 20th day
before the date of discharge or furlough. 
 
SECTION 31.  Amends Section 55.60, Family Code, by adding Subsection (c),
to require TDMHMR or the appropriate community center, on receipt of the
court's order, to admit the child to a residential care facility. 
 
SECTION 32.  Amends Section 56.01, Family Code, by adding Subsection (o),
to provide that this section does not limit a child's right to obtain a
writ of habeas corpus. 
 
SECTION 33.  Amends Section 58.002, Family Code, by amending Subsections
(a) and (b) and adding Subsection (e), to prohibit a child, except as
provided by Chapter 63 (Missing Children and Missing Persons), Code of
Criminal Procedure, rather than Chapter 79, Human Resources Code, from
being photographed or fingerprinted without the consent of the juvenile
court unless the child is taken into custody or referred to the juvenile
court for conduct that constitutes a felony or a misdemeanor punishable by
confinement in jail.  Requires the juvenile board to conduct or cause to be
conducted an audit of the records of the law enforcement agency to verify
the destruction of the photographs and fingerprints and the law enforcement
agency is required to make its records available for this purpose. Provides
that this section does not prohibit a law enforcement officer from
fingerprinting or photographing a child as provided by Section 58.0021. 
 
SECTION 34.  Amends Chapter 58A, Family Code, by adding Section 58.0021, as
follows: 

Sec. 58.0021.  FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION.
(a)  Authorizes a law enforcement officer to take temporary custody of a
child to take the child's fingerprints under certain conditions. 

(b)  Authorizes a law enforcement officer to take temporary custody of a
child to take the child's photograph under certain conditions. 

(c)  Provides that temporary custody for the purpose described by
Subsection (a) or (b) is not a taking into custody under Section 52.01 and
is prohibited from being reported to the juvenile justice information
system under Subchapter B. 

(d)  Requires the child, if a law enforcement officer does not take the
child into custody under Section 52.01, to be released from temporary
custody authorized under this section as soon as the fingerprints or
photographs are obtained. 

(e)  Requires a law enforcement officer who under this section obtains
fingerprints or photographs from a child to take certain enumerated actions
under certain conditions. 

(f)  Authorizes a law enforcement officer to obtain, under this section,
fingerprints or photographs from a child at certain locations. 
 
SECTION 35.  Amends Chapter 58A, Family Code, by adding Section 58.0022, as
follows: 

Sec. 58.0022.  FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS. Authorizes
a law enforcement officer who takes a child into custody with probable
cause to believe that the child has engaged in conduct indicating a need
for supervision as described by Section 51.03(b)(3) and who after
reasonable effort is unable to determine the identity of the child, to
fingerprint or photograph the child to establish the child's identity.
Requires the law enforcement officer, on determination of the child's
identity or that the child cannot be identified by the fingerprints or
photographs, to immediately destroy all copies of the fingerprint records
or photographs of the child. 
 
SECTION 36.  Amends Section 58.007, Family Code, by adding Subsection (i),
to authorize a juvenile probation department, in addition to the authority
to release information under Subsection (b)(5), to release information
contained in its records without leave of the juvenile court pursuant to
guidelines adopted by the juvenile board. 
 
SECTION 37.  Amends Chapter 58A, Family Code, by adding Section 58.0071, as
follows: 

Sec. 58.0071.  DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND FILES.  (a)
Defines "juvenile case" and "physical records and files." 

(b)  Authorizes the custodian of physical records and files in a juvenile
case to destroy the records and files if the custodian duplicates the
information in the records and files in a computer file or information on
microfilm, microfiche, or any other electronic storage media. 

(c)  Authorizes certain persons to authorize, subject to Subsections (d)
and (e) and any other restriction the person may impose, the destruction of
the physical records and files relating to a closed juvenile case. 

(d)  Authorizes the physical records and files of a juvenile case to only
be destroyed if the child who is the respondent in the case meets certain
criteria. 

(e)  Authorizes, if a record or file contains information relating to more
than one juvenile case, information relating to each case to only be
destroyed under certain conditions. 

(f)  Provides that this section does not affect the destruction of physical
records and files authorized by the Texas State Library Records Retention
Schedule. 
 
SECTION 38.  Amends Section 58.101(4), Family Code, to make a conforming
change. 

SECTION 39.  Amends Section 58.112, Family Code, to require TJPC, rather
than the Criminal Justice Policy Council, not later than August 15, rather
than January 15, of each year, to submit to the lieutenant governor, the
speaker of the house of representatives, and the governor a report that
contains certain statistical information relating to children referred to a
juvenile court during the preceding year. 
 
SECTION 40.  Amends Chapter 58, Family Code, by adding Subchapter C, as
follows: 

SUBCHAPTER C.  AUTOMATIC RESTRICTION OF ACCESS TO RECORDS
 
 Sec. 58.201.  DEFINITION.  Defines "department."

Sec. 58.202.  EXEMPTED RECORDS.  Sets forth certain records that are exempt
from this subchapter. 

 Sec. 58.203.  CERTIFICATION. Requires the department to certify to the
juvenile court or the juvenile probation department to which a referral was
made that resulted in information being submitted to the juvenile justice
information system that the records relating to a person's juvenile case
are subject to automatic restriction of access under certain conditions. 

Sec. 58.204.  RESTRICTED ACCESS ON CERTIFICATION.  (a)  Prohibits the
department, on certification of records in a case under Section 58.203,
except as provided by Subsection (b) from disclosing the existence of the
records or any information from the records in response to an inquiry from
certain entities or persons and is required to respond to a request for
information about the records by stating that the records do not exist. 
 
(b)  Authorizes the department, on certification of records in a case under
Section 58.203, to permit access to the information in the juvenile justice
information system relating to the case of an individual only under certain
conditions. 

Sec. 58.205.  REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION ON
CERTIFICATION.  Requires the department, on certification of records in a
case under Section 58.203, to request the Federal Bureau of Investigation
to take certain enumerated action. 

Sec. 58.206.  EFFECT OF CERTIFICATION IN RELATION TO THE PROTECTED PERSON.
(a)  Provides that the person who is the subject of records in a case under
Section 58.203, on certification of the records, is not required to state
in any proceeding, except as otherwise authorized by law in a criminal
proceeding in which the person is testifying as a defendant, or in any
application for employment, licensing, or other public or private benefit
that the person has been a respondent in a case under this title and is
prohibited from being punished, by perjury prosecution or otherwise, for
denying certain information.  Prohibits information from records in a case
under Section 58.203, on certification of the  records, from being admitted
against the person who is the subject of the records in a civil or criminal
proceeding except a proceeding in which a juvenile adjudication was
admitted under certain specific provisions. 

(b)  Prohibits a person who is the subject of records certified under this
subchapter from waiving the restricted status of the records or the
consequences of the restricted status. 
 
Sec. 58.207.  JUVENILE COURT ORDERS ON CERTIFICATION.  (a)  Requires the
juvenile court, on certification of records in a case under Section 58.203,
to order that certain specific records relating to the case may be accessed
only as provided by Section 58.204(b) and to order the juvenile probation
department to make a reasonable effort to notify the person who is the
subject of records for which access has been restricted of the action
restricting access and the legal significance of the action for the person. 
 
(b)  Authorizes the agency maintaining the records, on receipt of an order
under Subsection (a)(1), to allow access only as provided by Section
58.204(b) and requires the agency to respond to a request for information
about the records by stating that the records do not exist. 

Sec. 58.208.  INFORMATION TO CHILD ON DISCHARGE.  Requires the appropriate
juvenile justice official, on the final discharge of a child from the
juvenile system or on the last official action in the case, if there is no
adjudication, to provide to the child a written explanation of how
automatic restricted access under this subchapter works and a copy of this
subchapter. 

Sec. 58.209.  INFORMATION TO CHILD BY PROBATION OFFICER OR TEXAS YOUTH
COMMISSION. (a)  Requires a probation officer or an official at TYC
reception  center, when a child is placed on probation for an offense that
may be eligible for automatic restricted access at age 21 or when a child
is received by TYC on an indeterminate commitment, as soon as practicable,
to explain certain specific information to the child. 

(b)  Requires the probation officer or TYC official to give the child a
written copy of the explanation provided and communicate the same
information to at least one of the child's parents or, if none can be
found, to the child's guardian or custodian. 

(c)  Requires TJPC and TYC to adopt rules to implement this section and to
facilitate the effective explanation of the information required to be
communicated by this section. 

Sec. 58.210.  SEALING OR DESTRUCTION OF RECORDS NOT AFFECTED.  (a) Provides
that this subchapter does not prevent or restrict the sealing or
destruction of juvenile records as authorized by law. 

(b)  Provides that restricted access provided under this subchapter is in
addition to sealing or destruction of juvenile records. 

(c)  Provides that a person who is the subject of records certified under
this subchapter is entitled to access to the records for the purpose of
preparing and presenting a motion to seal or destroy the records. 
 
SECTION 41.  Amends Sections 59.003(a), (c), and (e), Family Code, as
follows: 

 (a)  Deletes existing statutory reference.

(c)  Authorizes the juvenile court, subject to Subsection (e), if the
child's subsequent commission of delinquent conduct or conduct indicating a
need for supervision involves a violation of a penal law of a
classification that is the same as or greater than the classification of
the child's previous conduct, to assign the child a sanction level
authorized by law that is one level higher than the previously assigned
sanction level.  Deletes existing text regarding a child's assigned
sanction level. 

(e)  Requires a juvenile court or probation department that deviates from
the guidelines under this section, except as otherwise provided by this
subsection, to state in writing its reasons for the deviation and submit
the statement to the juvenile board regardless of whether a progressive
sanctions program has been adopted by the juvenile board.  Provides that a
juvenile court that makes a disposition required by this title that
deviates from the guidelines under this section is not required to report
the disposition as a deviation. 

SECTION 42.  Amends Section 59.007(a), Family Code, to authorize the
juvenile court, for a child at sanction level four, to require the child to
participate as a condition of probation for not less than three months or
more than 12 months in an intensive services probation program, rather than
a highly intensive and regimented program, that emphasizes frequent contact
and reporting with a probation officer, discipline, intensive supervision
services, social responsibility, and productive work.  Deletes existing
text regarding physical therapy. 

SECTION 43.  Amends Section 59.011, Family Code, to require a juvenile
board to require the juvenile probation department to report, rather than
to prepare a report, progressive sanction data electronically to TJPC in
the format and time frames specified by the commission.  Deletes existing
text regarding the frequency and forms for reporting. 
 
SECTION 44.  Amends Section 59.012, Family Code, to delete the existing
text of Subsections (a) and (b) regarding the compilation of certain
information.  Reletters existing text of Subsection (c) as Subsection (a)
to require the Criminal Justice Policy Council to analyze trends related to
juvenile  referrals, compliance with the progressive sanctions guidelines,
and the impact of the guidelines and related reforms on recidivism rates
using standard scientific sampling or appropriate scientific methodologies
to represent statewide patterns.  Requires the council to compile other
policy studies as determined by the executive director of the council or as
requested by the governor, lieutenant governor, or speaker of the house of
representatives to assist in policy development.  Requires the Criminal
Justice Policy Council to report its findings and related recommendations
to improve juvenile justice policies to the governor and the members of the
legislature on or before January 15 of each odd-numbered year.  Authorizes
the Criminal Justice Policy Council to incorporate its findings and
recommendations under this section into its report required under Section
413.013 (Criminal Justice Plan; Biennial Report), Government Code.  Deletes
existing text regarding the submission of certain compiled information. 
 
SECTION 45.  Amends Section 261.103(a), Family Code, to require a report,
except as provided by Subsection (b) and Section 261.405, to be made to
certain entities. 

SECTION 46.  Amends Section 261.405, Family Code, to define "juvenile
justice facility" and "juvenile justice program."  Requires a report of
alleged abuse or neglect in any juvenile justice program or facility,
rather than a public or private juvenile pre adjudication secure detention
facility, to be made to TJPC and a local law enforcement agency for
investigation.  Deletes existing text regarding certain specific
facilities.  Deletes existing text regarding the notification of a report
the agency receives.  Makes a conforming change. 
 
SECTION 47.  Amends Articles 15.27(a) and (g), Code of Criminal Procedure,
to make conforming changes. 
 
SECTION 48.  Reenacts Article 15.27(h), Code of Criminal Procedure, as
amended by Chapters 1015 and 1233, Acts of the 75th Legislature, Regular
Session, 1997, and amends as follows: 

 (h)  This article applies to any felony offense and certain specific
misdemeanor offenses. 

SECTION 49.  Amends Chapter 45B, Code of Criminal Procedure, by adding
Article 45.0216, as follows: 

Art. 45.0216.  EXPUNCTION OF CERTAIN CONVICTION RECORDS OF CHILDREN.  (a)
Defines "child" in this article. 

(b)  Authorizes a person convicted of not more than one offense described
by Section 8.07(a)(4) or (5) (relating to age affecting criminal
responsibility), Penal Code, while the person was a child to apply, on or
after the person's 17th birthday, to the court in which the child was
convicted to have the conviction expunged as provided by this article. 

(c)  Requires the person to make a written request to have the records
expunged.  Provides that the request is not required to be under oath. 

(d)  Requires the request to contain the person's statement that the person
was not convicted while the person was a child of any offense described by
Section 8.07(a)(4) or (5), Penal Code, other than the offense the person
seeks to have expunged. 

(e)  Requires the judge to inform the person and any parent in open court
of the person's expunction rights and provide them with a copy of this
article. 

(f)  Requires the court, if the court finds that the person was not
convicted of any other offense described by Section 8.07(a)(4) or (5),
Penal Code, while the person was a child, to order the conviction, together
with all complaints, verdicts, sentences, and  prosecutorial and law
enforcement records, and any other documents relating to the offense,
expunged from the person's record.   Provides that after entry of the
order, the person is released from all disabilities resulting from the
conviction and the conviction may not be shown or made known for any
purpose. 

(g)  Provides that this article does not apply to any offense otherwise
covered by certain specific provisions. 

(h)  Authorizes records of a person under 17 years of age relating to a
complaint dismissed as provided by Article 45.051 or 45.052 to be expunged
under this article. 

(i)  Prohibits the justice or municipal court from requiring a person who
requests expungement under this article to pay any fee or court costs. 

  (j)  Provides that the procedures for expunction provided under this
article are    separate and distinct from the expunction procedures under
Chapter 55. 
 
SECTION 50.  Amends Article 45.050(b), Code of Criminal Procedure, to
provide that if a person who is a child under Section 51.02, Family Code,
fails to obey an order of a justice or municipal court under circumstances
that would constitute contempt of court, the justice or municipal court has
jurisdiction to hold the child in contempt of the justice or municipal
court order as provided by Section 54.023, rather than Section 52.027(h),
Family Code, or refer the child to the appropriate juvenile court for
delinquent conduct for contempt of the justice or municipal court order. 
 
SECTION 51.  Amends Chapter 45B, Code of Criminal Procedure, by adding
Article 45.054, as follows: 

Art. 45.054.  AUTHORITY TO EMPLOY CASE MANAGERS FOR JUVENILE CASES. (a)
Authorizes a justice or municipal court, with the written consent of the
city council or the commissioners court, as appropriate, to employ a case
manager to provide services in cases before the court dealing with juvenile
offenders consistent with the court's statutory powers. 

(b)  Authorizes one or more justice or municipal courts, with the written
consent of the city council or the commissioners court, as appropriate, to
agree under Chapter 791 (Interlocal Cooperation Contracts), Government
Code, to jointly employ a case manager. 
 
SECTION 52.  Amends Article 62.12(a), Code of Criminal Procedure, to
provide that the duty to register for a person with a reportable
conviction, rather than a reportable conviction or adjudication, for a
sexually violent offense or for an offense under Section 25.02,
43.05(a)(2), or 43.26, Penal Code, ends when the person dies.  Provides
that this subsection does not apply to an adjudication by a juvenile court
under Title 3 (Juvenile Justice Code), Family Code. 

SECTION 53.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.13, as follows: 

Art. 62.13.  HEARING TO DETERMINE NEED FOR REGISTRATION OF A JUVENILE.  (a)
Provides that a person who has an adjudication of delinquent conduct that
would otherwise be reportable under Article 62.01(5) does not have a
reportable adjudication of delinquent conduct for purposes of this chapter
if the juvenile court enters an order under this article excusing
compliance by the person with the registration requirements of this
chapter. 
 
(b)  Requires the juvenile court on motion of the respondent, after
disposition of a case under Section 54.04 (Disposition Hearing), Family
Code, for adjudication of an offense for which registration is required
under this chapter, to conduct a hearing to determine  whether the
interests of the public require registration under this chapter. 

(c)  Provides that the hearing is without a jury and the burden of
persuasion is on the respondent to show by a preponderance of evidence that
the criteria of Subsection (e) have been met.  Authorizes the court at the
hearing to make its determination based on certain material and
information. 

(d)  Requires all written matter considered by the court to be disclosed to
all parties as provided by Section 54.04(b), Family Code. 

(e)  Requires the court to enter an order excusing compliance with the
registration requirements of this chapter if the court makes certain
determinations. 

(f)  Authorizes the prosecuting attorney to waive the state's right to a
hearing under this article and agree that registration under this chapter
is not required.  Requires the court, if the waiver is entered under a plea
agreement, to enter, without a hearing, an order excusing compliance with
the registration requirements of this chapter or, under Section 54.03(j)
(relating to an adjudication hearing), Family Code, inform the respondent
that the court believes a hearing under this article is required and give
the respondent the opportunity to withdraw the respondent's plea of guilty,
nolo contendere, or true or to affirm the respondent's plea and participate
in the hearing.  Requires the court, if the waiver is entered other than
under a plea agreement, to without a hearing enter an order excusing
compliance with the registration requirements of this chapter.  Requires
the waiver to state whether or not it is entered under a plea agreement.
Authorizes the respondent to as part of a plea agreement promise not to
file a motion seeking an order excusing registration, in which case the
court may not recognize the motion. 

(g)  Authorizes the prosecuting attorney, notwithstanding Section 56.01
(Right to Appeal), Family Code, on entry by a juvenile court of an order
under Subsection (e) excusing registration under this chapter, to appeal
that order by giving notice of appeal within the time required under Rule
26.2(b), Texas Rules of Appellate Procedure. Provides that the appeal is
civil and the standard of review in the appellate court is whether the
juvenile court committed procedural error or abused its discretion in
excusing compliance with registration.  Provides that the appeal is limited
to review of the order excusing compliance with registration and prohibits
the appeal from including any other issues in the case. 
 
(h)  Authorizes the respondent under Section 56.01, Family Code, to appeal
the juvenile court's order requiring registration in the same manner as the
appeal of any other legal issue in the case.  Provides that the standard of
review in the appellate court is whether the juvenile court committed
procedural error or abused its discretion in not excusing compliance with
registration. 

(i)  Prohibits the respondent, if the juvenile court enters an order
excusing registration, from being required to register in this or any other
state for the offense for which registration was excused. 

(j)  Authorizes the juvenile court, after a hearing under Subsection (b)
or under a plea agreement under Subsection (f), to enter an order deferring
decision on requiring registration until the respondent has completed a sex
offender treatment program as a condition of probation or while committed
to TYC.  Provides that the court retains discretion to require or to excuse
registration at any time during the treatment program or on its successful
or unsuccessful completion.  Prohibits registration, during the period of
deferral, from being required. 

 (k)  Authorizes the juvenile court, after a hearing under Subsection (b)
or under a plea agreement under Subsection (f), to enter an order requiring
the respondent to register as a sex offender but provide that the
registration information is not public information and is restricted to use
by law enforcement and criminal justice agencies.  Prohibits information
obtained under this subsection from being posted on the Internet or
released to the public. 

(l)  Authorizes a person who has registered as a sex offender for an
adjudication of delinquent conduct, regardless of when the delinquent
conduct or the adjudication for the conduct occurred, to file a motion in
the adjudicating juvenile court for a hearing seeking excusal from
registration as provided by Subsection (e) or seeking under Subsection (k)
an order that the registration become nonpublic. 

(m)  Authorizes the person to file a motion under Subsection (l) in the
original juvenile case regardless of whether the person is at the time of
filing 18 years of age or older. Requires notice of the motion to be
provided to the prosecuting attorney.  Requires a hearing on the motion to
be provided as in other cases under this article. 

(n)  Authorizes a motion to be filed under Subsection (l) only if a
previous motion under this article has not been filed concerning that case. 

(o)  Requires the motion under Subsection (l), to the extent feasible, to
identify those public and private agencies and organizations that possess
sex offender registration information about the case. 

(p)  Authorizes the juvenile court, after a hearing, to take one of certain
enumerated actions. 

(q)  Requires a copy of the court's order, if the court grants the motion,
to be sent to each public and private agency or organization that the court
determines may be in possession of sex offender registration information.
Requires the order to require the recipient to conform its records to the
court's orders either by deleting the information or changing its status to
nonpublic, as the order requires. 

(r)  Provides that a private agency or organization that possesses sex
offender registration information it obtained from a state, county, or
local governmental entity is required to conform its records to the court's
order on or before the 30th day after the date of its entry.  Provides that
failure to comply in that period automatically bars the agency or
organization from obtaining sex offender registration information from any
state, county, or local governmental entity in this state in the future. 
 
SECTION 54.  Amends Section 25.094(d), Education Code, to authorize the
court, if the justice or municipal court believes, rather than finds, that
a child has violated an order issued under Subsection (c), to proceed as
authorized by Section 54.023, Family Code, by holding the child in contempt
and imposing a fine not to exceed $500 or by referring  the child to
juvenile court for delinquent conduct. Deletes existing text regarding the
transference of the complaint against the child, together with all
pleadings and orders, to a certain juvenile court.  Deletes existing text
regarding the adjudication hearing. 
 
SECTION 55.  Amends Chapter 411F, Government Code, by adding Sections
411.137 and 411.138, as follows: 

Sec. 411.137.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS
JUVENILE PROBATION COMMISSION.  Provides that TJPC is entitled to obtain
from the department criminal history record information maintained by the
department that relates to  certain persons. 

Sec. 411.138.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: JUVENILE
BOARD OR JUVENILE PROBATION DEPARTMENT.  Provides that a juvenile board or
juvenile probation department is entitled to obtain from the department
criminal history record information maintained by the department that
relates to certain persons. 

SECTION 56.  Amends Section 499.053, Government Code, by adding Subsection
(d), to require a person transferred from TYC for the offense of capital
murder to become eligible for parole as provided in Section 508.145(d) for
an offense listed in Section 3g (Limitation on Judge Ordered Community
Supervision), Article 42.12, Code of Criminal Procedure, or an offense for
which a deadly weapon finding has been made. 
 
SECTION 57.  Amends Section 141.042(e), Human Resources Code, to require
juvenile probation departments to use the mental health screening
instrument selected, rather than standard assessment tool developed, by the
TJPC for the initial screening, rather than assessment, of children under
the jurisdiction of probation departments who have been formally referred
to the department.  Deletes existing text regarding a similar assessment
tool.  Requires juvenile probation departments to report data, rather than
the information relating to the results, from the use of the screening
instrument to TJPC in a format and in the time, rather than manner,
prescribed by TJPC.  Deletes existing text regarding the assessment tool.
Makes conforming changes. 

SECTION 58.  Amends Section 141.0471(c), Human Resources Code, to require
the governing board of each agency, rather than each agency, to adopt,
rather than by rule adopt, the coordinated strategic plan on or before
December 1st of each odd-numbered year, or before the adoption of the
agency's individual strategic plan, whichever is earlier. 
 
SECTION 59.  Amends Section 141.061, Human Resources Code, by adding
Subsection (f), to authorize TJPC to waive the degree accreditation
requirement in Subsection (a)(2) if the applicant possesses a foreign or
other degree that the commission determines is the substantial equivalent
of a bachelor's degree.  Requires TJPC to adopt rules defining the
procedures to be used to request a waiver of the accreditation requirement
in Subsection (a)(2). 
 
SECTION 60.  Amends Section 141.065, Human Resources Code, as follows:

Sec. 141.065.  New heading:  PERSONS WHO MAY NOT ACT AS JUVENILE PROBATION,
DETENTION, OR CORRECTIONS OFFICERS.  Prohibits a peace officer, prosecuting
attorney, or other person who is employed by or who reports directly to a
law enforcement or prosecution official from acting as a juvenile
probation, detention, or corrections officer or from being made responsible
for supervising a juvenile on probation. 
 
SECTION 61.  Amends Section 141.066, Human Resources Code, to provide that
this section does not apply to an employee of TYC.  Makes conforming
changes. 
 
SECTION 62.  Amends Chapter 142, Human Resources Code, by adding Section
142.005, as follows: 

Sec. 142.005.  ADMINISTRATION OF MEDICATION; IMMUNITY FROM LIABILITY.  (a)
Provides that on the adoption of policies concerning the administration of
medication to juveniles by authorized employees,  the juvenile board and
any authorized employee of a program or facility operated by the juvenile
board are not liable for damages arising from the administration of
medication to a juvenile under certain conditions. 

  (b)  Sets forth exceptions to the application of this section.

 SECTION 63.  Amends Section 152.0007(a), Human Resources Code, to delete
existing text regarding personnel employed to conduct probation services.
Requires a juvenile board to adopt a budget and establish policies,
including financial policies, for juvenile services within the jurisdiction
of the board, rather than in the county and make recommendations as to the
need for and purchase of services.  Deletes existing text regarding
operation and supervision. 
 
SECTION 64.  Amends Section 152.0008(a), Human Resources Code, to authorize
the chief juvenile probation officer to, within the budget adopted by the
board, employ certain personnel. 
  
SECTION 65.  Amends Sections 152.0010(a) and (b), Human Resources Code, to
authorize, rather than require, a juvenile board to appoint an advisory
council consisting of the number of, rather than not more than nine,
citizen members determined appropriate by the board.  Authorizes the
advisory council, to the extent available in the county, to include certain
types of  personnel.  Council members serve terms as specified by the
board, rather than for staggered two year terms.  Deletes existing text
regarding the expiration of the members terms. 

SECTION 66.  Amends Chapter 152A, Human Resources Code, by adding Section
152.0013, as follows: 

Sec. 152.0013.  IMMUNITY FROM LIABILITY.  Provides that a member of a
juvenile board is not liable for damages arising from an act or omission
committed while performing duties as a board member.  Provides that this
section does not apply if the act or omission meets certain criteria. 

SECTION 67.  Amends Section 8.07(a), Penal Code, to prohibit a person from
being prosecuted for or convicted of any offense that the person committed
when younger than 15 years of age except certain offenses, including a
capital felony or an offense under Section 19.02 for which the person is
transferred to the court under Section 54.02(j)(2)(A), Family Code. 
 
SECTION 68.  Amends Section 39.04(e)(2), Penal Code, to redefine "custody."

SECTION 69.  Repealer:  (1)  Sections 52.027(h) and (j) (relating to
children taken into custody for traffic offenses, other fineable only
offenses, or as a status offender), Family Code; 

(2)  Section 54.022(e) (relating to justice or municipal court: certain
misdemeanors), Family Code; 

(3)  Article 58.01 (Sealing Files and Records of Children), Code of
Criminal Procedure; 

  (4)  Section 21.002(h) (relating to contempt of court), Government Code;
and 

(5)  Section 53.001 (Memorandum of Understanding on Service Contracts for
Dysfunctional Families), Human Resources Code. 

SECTION 70. (a)  Effective date: September 1, 2001.

(b)  Makes application of this Act prospective, except as otherwise
provided by this section. 

(c)  Provides that the change in law made by Section 54.04, Family Code, as
amended by this Act, applies only to a disposition by a court made on or
after the effective date of this Act without regard to whether previous
adjudications of delinquent conduct on which the disposition is based
occurred before, on, or after the effective date of this Act. 
 
(d)  Provides that the change in law made by Section 58.0071, Family Code,
as added by this  Act, applies to the destruction of records and files in a
juvenile case on or after the effective date of this Act, without regard to
whether the records or files destroyed were in existence before, on, or
after the effective date of this Act. 
 
(e)   Provides that the change in law made by Chapter 58C, Family Code, as
added by this Act, applies to records relating to a juvenile case without
regard to whether those records existed or were maintained before, on, or
after the effective date of this Act. 
 
(f)   Provides that the change in law made by Article 62.13, Code of
Criminal Procedure, as added by this Act, applies to a juvenile adjudicated
for an offense for which registration as a sex offender is required and
applies without regard to whether the offense and adjudication occurred
before, on, or after the effective date of this Act.