By Goodman H.B. No. 697
77R1230 JMC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain powers and duties of juvenile boards and to
1-3 immunity from liability for juvenile board members.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a) and (g), Article 15.27, Code of
1-6 Criminal Procedure, are amended to read as follows:
1-7 (a) A law enforcement agency that arrests any person or
1-8 refers a child to the office or official designated by the juvenile
1-9 board [court] who the agency believes is enrolled as a student in a
1-10 public primary or secondary school, for an offense listed in
1-11 Subsection (h), shall attempt to ascertain whether the person is so
1-12 enrolled. If the law enforcement agency ascertains that the
1-13 individual is enrolled as a student in a public primary or
1-14 secondary school, the agency shall orally notify the superintendent
1-15 or a person designated by the superintendent in the school district
1-16 in which the student is enrolled of that arrest or referral within
1-17 24 hours after the arrest or referral is made, or on the next
1-18 school day. If the law enforcement agency cannot ascertain whether
1-19 the individual is enrolled as a student, the agency shall orally
1-20 notify the superintendent or a person designated by the
1-21 superintendent in the school district in which the student is
1-22 believed to be enrolled of that arrest or detention within 24 hours
1-23 after the arrest or detention, or on the next school day. If the
1-24 individual is a student, the superintendent shall promptly notify
2-1 all instructional and support personnel who have responsibility for
2-2 supervision of the student. All personnel shall keep the
2-3 information received in this subsection confidential. The State
2-4 Board for Educator Certification may revoke or suspend the
2-5 certification of personnel who intentionally violate this
2-6 subsection. Within seven days after the date the oral notice is
2-7 given, the law enforcement agency shall mail written notification,
2-8 marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
2-9 superintendent or the person designated by the superintendent. Both
2-10 the oral and written notice shall contain sufficient details of the
2-11 arrest or referral and the acts allegedly committed by the student
2-12 to enable the superintendent or the superintendent's designee to
2-13 determine whether there is a reasonable belief that the student has
2-14 engaged in conduct defined as a felony offense by the Penal Code.
2-15 The information contained in the notice may be considered by the
2-16 superintendent or the superintendent's designee in making such a
2-17 determination.
2-18 (g) The office of the prosecuting attorney or the office or
2-19 official designated by the juvenile board [court] shall, within two
2-20 working days, notify the school district that removed a student to
2-21 an alternative education program under Section 37.006, Education
2-22 Code, if:
2-23 (1) prosecution of the student's case was refused for
2-24 lack of prosecutorial merit or insufficient evidence and no formal
2-25 proceedings, deferred adjudication, or deferred prosecution will be
2-26 initiated; or
2-27 (2) the court or jury found the student not guilty or
3-1 made a finding the child did not engage in delinquent conduct or
3-2 conduct indicating a need for supervision and the case was
3-3 dismissed with prejudice.
3-4 SECTION 2. Section 51.02(12), Family Code, is amended to read
3-5 as follows:
3-6 (12) "Referral to juvenile court" means the referral
3-7 of a child or a child's case to the office or official, including
3-8 an intake officer or probation officer, designated by the juvenile
3-9 board [court] to process children within the juvenile justice
3-10 system.
3-11 SECTION 3. Section 51.04(g), Family Code, is amended to read
3-12 as follows:
3-13 (g) The juvenile board[, or if there is no juvenile board,
3-14 the juvenile court,] may appoint a referee to make determinations
3-15 under Section 53.02(f) or to conduct hearings under this title. The
3-16 referee shall be an attorney licensed to practice law in this state
3-17 and shall comply with Section 54.10. Payment of any referee
3-18 services shall be provided from county funds.
3-19 SECTION 4. Sections 51.12(b), (c), and (l), Family Code, are
3-20 amended to read as follows:
3-21 (b) The proper authorities in each county shall provide a
3-22 suitable place of detention for children who are parties to
3-23 proceedings under this title, but the juvenile board [court] shall
3-24 control the conditions and terms of detention and detention
3-25 supervision and shall permit visitation with the child at all
3-26 reasonable times.
3-27 (c) In each county, each judge of the juvenile court and a
4-1 majority of the members of the juvenile board shall personally
4-2 inspect the juvenile pre-adjudication secure detention facilities
4-3 and any public or private juvenile secure correctional facilities
4-4 used for post-adjudication confinement that are located in the
4-5 county and operated under authority of the juvenile board at least
4-6 annually and shall certify in writing to the authorities
4-7 responsible for operating and giving financial support to the
4-8 facilities and to the Texas Juvenile Probation Commission that they
4-9 are suitable or unsuitable for the detention of children in
4-10 accordance with:
4-11 (1) the requirements of Subsections (a), (f), and (g);
4-12 and
4-13 (2) minimum professional standards for the detention
4-14 of children in pre-adjudication or post-adjudication secure
4-15 confinement promulgated by the Texas Juvenile Probation Commission
4-16 or, at the election of the juvenile board, the current standards
4-17 promulgated by the American Correctional Association.
4-18 (l) A child who is taken into custody and required to be
4-19 detained under Section 53.02(f) may be detained in a county jail or
4-20 other facility until the child is released under Section 53.02(f)
4-21 or until a detention hearing is held as required by Section
4-22 54.01(p), regardless of whether the facility complies with the
4-23 requirements of this section, if:
4-24 (1) a certified juvenile detention facility or a
4-25 secure detention facility described by Subsection (j) is not
4-26 available in the county in which the child is taken into custody or
4-27 in an adjacent county;
5-1 (2) the facility has been designated by the county
5-2 juvenile board for the county in which the facility is located;
5-3 (3) the child is separated by sight and sound from
5-4 adults detained in the same facility through architectural design
5-5 or time-phasing;
5-6 (4) the child does not have any contact with
5-7 management or direct-care staff that has contact with adults
5-8 detained in the same facility on the same work shift;
5-9 (5) the county in which the child is taken into
5-10 custody is not located in a metropolitan statistical area as
5-11 designated by the United States Bureau of the Census; and
5-12 (6) each judge of the juvenile court and a majority of
5-13 the members of the juvenile board of the county in which the child
5-14 is taken into custody have personally inspected the facility at
5-15 least annually and have certified in writing to the Texas Juvenile
5-16 Probation Commission that the facility complies with the
5-17 requirements of Subdivisions (3) and (4).
5-18 SECTION 5. Sections 52.01(c) and (d), Family Code, are
5-19 amended to read as follows:
5-20 (c) A law-enforcement officer authorized to take a child
5-21 into custody under Subdivisions (2) and (3) of Subsection (a) of
5-22 this section may issue a warning notice to the child in lieu of
5-23 taking the child [him] into custody if:
5-24 (1) guidelines for warning disposition have been
5-25 issued by the law-enforcement agency in which the officer works;
5-26 (2) the guidelines have been approved by the juvenile
5-27 court of the county in which the disposition is made;
6-1 (3) the disposition is authorized by the guidelines;
6-2 (4) the warning notice identifies the child and
6-3 describes the child's [his] alleged conduct;
6-4 (5) a copy of the warning notice is sent to the
6-5 child's parent, guardian, or custodian as soon as practicable after
6-6 disposition; and
6-7 (6) a copy of the warning notice is filed with the
6-8 law-enforcement agency and the office or official designated by the
6-9 juvenile board [court].
6-10 (d) A warning notice filed with the office or official
6-11 designated by the juvenile board [court] may be used as the basis
6-12 of further action if necessary.
6-13 SECTION 6. Sections 52.02(a) and (b), Family Code, are
6-14 amended to read as follows:
6-15 (a) Except as provided by Subsection (c), a person taking a
6-16 child into custody, without unnecessary delay and without first
6-17 taking the child to any place other than a juvenile processing
6-18 office designated under Section 52.025, shall do one of the
6-19 following:
6-20 (1) release the child to a parent, guardian, custodian
6-21 of the child, or other responsible adult upon that person's promise
6-22 to bring the child before the juvenile court as requested by the
6-23 court;
6-24 (2) bring the child before the office or official
6-25 designated by the juvenile board [court] if there is probable cause
6-26 to believe that the child engaged in delinquent conduct or conduct
6-27 indicating a need for supervision;
7-1 (3) bring the child to a detention facility designated
7-2 by the juvenile board [court];
7-3 (4) bring the child to a secure detention facility as
7-4 provided by Section 51.12(j);
7-5 (5) bring the child to a medical facility if the child
7-6 is believed to suffer from a serious physical condition or illness
7-7 that requires prompt treatment; or
7-8 (6) dispose of the case under Section 52.03.
7-9 (b) A person taking a child into custody shall promptly give
7-10 notice of the person's [his] action and a statement of the reason
7-11 for taking the child into custody, to:
7-12 (1) the child's parent, guardian, or custodian; and
7-13 (2) the office or official designated by the juvenile
7-14 board [court].
7-15 SECTION 7. Section 52.025(a), Family Code, is amended to read
7-16 as follows:
7-17 (a) The juvenile board [court] may designate an office or a
7-18 room, which may be located in a police facility or sheriff's
7-19 offices, as the juvenile processing office for the temporary
7-20 detention of a child taken into custody under Section 52.01 [of
7-21 this code]. The office may not be a cell or holding facility used
7-22 for detentions other than detentions under this section. The
7-23 juvenile board [court] by written order may prescribe the
7-24 conditions of the designation and limit the activities that may
7-25 occur in the office during the temporary detention.
7-26 SECTION 8. Section 52.027(f), Family Code, is amended to read
7-27 as follows:
8-1 (f) A child taken into custody for an offense that a justice
8-2 or municipal court has jurisdiction of under Article 4.11 or 4.14,
8-3 Code of Criminal Procedure, other than public intoxication, may be
8-4 presented or detained in a detention facility designated by the
8-5 juvenile board [court] under Section 52.02(a)(3) only if:
8-6 (1) the child's non-traffic case is transferred to the
8-7 juvenile court by a municipal court or justice court under Section
8-8 51.08(b); or
8-9 (2) the child is referred to the juvenile court by a
8-10 municipal court or justice court for contempt of court under
8-11 Subsection (h).
8-12 SECTION 9. Section 52.03(d), Family Code, is amended to read
8-13 as follows:
8-14 (d) Statistics indicating the number and kind of
8-15 dispositions made by a law-enforcement agency under the authority
8-16 of this section shall be reported at least annually to the office
8-17 or official designated by the juvenile board [court], as ordered by
8-18 the court.
8-19 SECTION 10. Sections 52.04(a) and (b), Family Code, are
8-20 amended to read as follows:
8-21 (a) The following shall accompany referral of a child or a
8-22 child's case to the office or official designated by the juvenile
8-23 board [court] or be provided as quickly as possible after referral:
8-24 (1) all information in the possession of the person or
8-25 agency making the referral pertaining to the identity of the child
8-26 and the child's [his] address, the name and address of the child's
8-27 parent, guardian, or custodian, the names and addresses of any
9-1 witnesses, and the child's present whereabouts;
9-2 (2) a complete statement of the circumstances of the
9-3 alleged delinquent conduct or conduct indicating a need for
9-4 supervision;
9-5 (3) when applicable, a complete statement of the
9-6 circumstances of taking the child into custody; and
9-7 (4) when referral is by an officer of a
9-8 law-enforcement agency, a complete statement of all prior contacts
9-9 with the child by officers of that law-enforcement agency.
9-10 (b) The office or official designated by the juvenile board
9-11 [court] may refer the case to a law-enforcement agency for the
9-12 purpose of conducting an investigation to obtain necessary
9-13 information.
9-14 SECTION 11. Sections 52.041(c) and (d), Family Code, are
9-15 amended to read as follows:
9-16 (c) Within five working days of receipt of an expulsion
9-17 notice under this section by the office or official designated by
9-18 the juvenile board [court], a preliminary investigation and
9-19 determination shall be conducted as required by Section 53.01.
9-20 (d) The office or official designated by the juvenile board
9-21 [court] shall within two working days notify the school district
9-22 that expelled the child if:
9-23 (1) a determination was made under Section 53.01 that
9-24 the person referred to juvenile court was not a child within the
9-25 meaning of this title;
9-26 (2) a determination was made that no probable cause
9-27 existed to believe the child engaged in delinquent conduct or
10-1 conduct indicating a need for supervision;
10-2 (3) no deferred prosecution or formal court
10-3 proceedings have been or will be initiated involving the child;
10-4 (4) the court or jury finds that the child did not
10-5 engage in delinquent conduct or conduct indicating a need for
10-6 supervision and the case has been dismissed with prejudice; or
10-7 (5) the child was adjudicated but no disposition was
10-8 or will be ordered by the court.
10-9 SECTION 12. Sections 53.01(a) and (c), Family Code, are
10-10 amended to read as follows:
10-11 (a) On referral of a person believed to be a child or on
10-12 referral of the person's case to the office or official designated
10-13 by the juvenile board [court], the intake officer, probation
10-14 officer, or other person authorized by the court shall conduct a
10-15 preliminary investigation to determine whether:
10-16 (1) the person referred to juvenile court is a child
10-17 within the meaning of this title; and
10-18 (2) there is probable cause to believe the person
10-19 engaged in delinquent conduct or conduct indicating a need for
10-20 supervision.
10-21 (c) When custody of a child is given to the office or
10-22 official designated by the juvenile board [court], the intake
10-23 officer, probation officer, or other person authorized by the court
10-24 shall promptly give notice of the whereabouts of the child and a
10-25 statement of the reason the child [he] was taken into custody to
10-26 the child's parent, guardian, or custodian unless the notice given
10-27 under Section 52.02(b) [of this code] provided fair notice of the
11-1 child's present whereabouts.
11-2 SECTION 13. Section 54.01(l), Family Code, is amended to read
11-3 as follows:
11-4 (l) The juvenile board [or, if there is none, the juvenile
11-5 court,] may appoint a referee to conduct the detention hearing.
11-6 The referee shall be an attorney licensed to practice law in this
11-7 state. Such payment or additional payment as may be warranted for
11-8 referee services shall be provided from county funds. Before
11-9 commencing the detention hearing, the referee shall inform the
11-10 parties who have appeared that they are entitled to have the
11-11 hearing before the juvenile court judge or a substitute judge
11-12 authorized by Section 51.04(f) [of this code]. If a party objects
11-13 to the referee conducting the detention hearing, an authorized
11-14 judge shall conduct the hearing within 24 hours. At the conclusion
11-15 of the hearing, the referee shall transmit written findings and
11-16 recommendations to the juvenile court judge or substitute judge.
11-17 The juvenile court judge or substitute judge shall adopt, modify,
11-18 or reject the referee's recommendations not later than the next
11-19 working day after the day that the judge receives the
11-20 recommendations. Failure to act within that time results in
11-21 release of the child by operation of law. A recommendation that
11-22 the child be released operates to secure the child's [his]
11-23 immediate release, subject to the power of the juvenile court judge
11-24 or substitute judge to reject or modify that recommendation. The
11-25 effect of an order detaining a child shall be computed from the
11-26 time of the hearing before the referee.
11-27 SECTION 14. Section 54.044(a), Family Code, is amended to
12-1 read as follows:
12-2 (a) If the court places a child on probation under Section
12-3 54.04(d), the court shall require as a condition of probation that
12-4 the child work a specified number of hours at a community service
12-5 project approved by the court and designated by the juvenile
12-6 probation department [board] as provided by Subsection (e), unless
12-7 the court determines and enters a finding on the order placing the
12-8 child on probation that:
12-9 (1) the child is physically or mentally incapable of
12-10 participating in the project;
12-11 (2) participating in the project will be a hardship on
12-12 the child or the family of the child; or
12-13 (3) the child has shown good cause that community
12-14 service should not be required.
12-15 SECTION 15. Section 58.002(b), Family Code, is amended to
12-16 read as follows:
12-17 (b) On or before December 31 of each year, the head of each
12-18 municipal or county law enforcement agency located in a county
12-19 shall certify to the juvenile board for that county that the
12-20 photographs and fingerprints required to be destroyed under Section
12-21 58.001 have been destroyed. The juvenile board shall conduct or
12-22 cause to be conducted an audit of the records of the law
12-23 enforcement agency to verify the destruction of the photographs and
12-24 fingerprints and the law enforcement agency shall make its records
12-25 available for this purpose. If the audit shows that the
12-26 certification provided by the head of the law enforcement agency is
12-27 false, that person is subject to prosecution for perjury under
13-1 Chapter 37, Penal Code.
13-2 SECTION 16. Section 58.101(4), Family Code, is amended to
13-3 read as follows:
13-4 (4) "Incident number" means a unique number assigned
13-5 to a child during a specific custodial or detention period or for a
13-6 specific referral to the office or official designated by the
13-7 juvenile board [court], if the juvenile offender was not taken into
13-8 custody before the referral.
13-9 SECTION 17. Section 152.0001, Human Resources Code, is
13-10 amended by amending Subsection (a) and adding Subsection (c) to
13-11 read as follows:
13-12 (a) This subchapter applies to each juvenile board created
13-13 under this chapter. Except as provided by Subsection (c), if [If]
13-14 a provision of this subchapter conflicts with a specific provision
13-15 for a particular juvenile board, the specific provision controls.
13-16 (c) Notwithstanding a conflicting specific provision for a
13-17 particular juvenile board, Sections 152.0007 and 152.0008 apply to
13-18 each juvenile board created under this chapter.
13-19 SECTION 18. Section 152.0007(a), Human Resources Code, is
13-20 amended to read as follows:
13-21 (a) The juvenile board shall:
13-22 (1) establish a juvenile probation department and
13-23 employ [personnel to conduct probation services, including] a chief
13-24 probation officer [and, if more than one officer is necessary,
13-25 assistant officers,] who meets [meet] the standards set by the
13-26 Texas Juvenile Probation Commission; and
13-27 (2) adopt a budget and establish policies, including
14-1 financial policies, for [operate or supervise] juvenile services
14-2 within the jurisdiction of the board [in the county and make
14-3 recommendations as to the need for and purchase of services].
14-4 SECTION 19. Section 152.0008(a), Human Resources Code, is
14-5 amended to read as follows:
14-6 (a) The chief juvenile probation officer may, within the
14-7 budget adopted by the board, employ:
14-8 (1) assistant officers who meet the standards set by
14-9 the Texas Juvenile Probation Commission; and
14-10 (2) other [appoint] necessary personnel [with the
14-11 approval of the board].
14-12 SECTION 20. Sections 152.0010(a) and (b), Human Resources
14-13 Code, are amended to read as follows:
14-14 (a) A [Each] juvenile board may [shall] appoint an advisory
14-15 council consisting of the number of [not more than nine] citizen
14-16 members determined appropriate by the board. To the extent
14-17 available in the county, the advisory council may include [,
14-18 including]:
14-19 (1) a prosecuting attorney as defined by Section
14-20 51.02, Family Code;
14-21 (2) a mental health professional;
14-22 (3) a medical health professional; and
14-23 (4) a representative of the education community.
14-24 (b) Council members serve [for staggered two-year] terms as
14-25 specified by the board [with as near as possible to half of the
14-26 members' terms expiring on January 31 of each year].
14-27 SECTION 21. Subchapter A, Chapter 152, Human Resources Code,
15-1 is amended by adding Section 152.0013 to read as follows:
15-2 Sec. 152.0013. IMMUNITY FROM LIABILITY. A member of a
15-3 juvenile board is not liable for damages arising from an act or
15-4 omission committed while performing duties as a board member. The
15-5 extent of the immunity provided under this section is the same as
15-6 judicial immunity.
15-7 SECTION 22. Section 152.0013, Human Resources Code, as added
15-8 by this Act, applies only to a cause of action that accrues on or
15-9 after the effective date of this Act. A cause of action that
15-10 accrues before the effective date of this Act is governed by the
15-11 law applicable to the cause of action immediately before the
15-12 effective date of this Act, and that law is continued in effect for
15-13 that purpose.
15-14 SECTION 23. This Act takes effect September 1, 2001.