By Giddings, Pitts, Jones of Dallas H.B. No. 822
77R6776 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period during which a justice, municipal, or
1-3 juvenile court may defer proceedings against certain persons for
1-4 purposes of attending a teen court program.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Articles 45.052(a) and (c), Code of Criminal
1-7 Procedure, are amended to read as follows:
1-8 (a) A justice or municipal court may defer proceedings
1-9 against a defendant who is under the age of 18 or enrolled full
1-10 time in an accredited secondary school in a program leading toward
1-11 a high school diploma for not more than 180 [90] days if the
1-12 defendant:
1-13 (1) is charged with an offense that the court has
1-14 jurisdiction of under Article 4.11 or 4.14, Code of Criminal
1-15 Procedure;
1-16 (2) pleads nolo contendere or guilty to the offense in
1-17 open court with the defendant's parent, guardian, or managing
1-18 conservator present;
1-19 (3) presents to the court an oral or written request
1-20 to attend a teen court program; and
1-21 (4) has not successfully completed a teen court
1-22 program in the two years preceding the date that the alleged
1-23 offense occurred.
1-24 (c) A defendant for whom proceedings are deferred under
2-1 Subsection (a) shall complete the teen court program not later than
2-2 the 90th day after the date the teen court hearing to determine
2-3 punishment is held. The justice or municipal court shall dismiss
2-4 the charge at the conclusion of the deferral period if the
2-5 defendant presents satisfactory evidence that the defendant has
2-6 successfully completed the teen court program.
2-7 SECTION 2. Sections 54.032(a) and (c), Family Code, are
2-8 amended to read as follows:
2-9 (a) A juvenile court may defer adjudication proceedings
2-10 under Section 54.03 [of this code] for not more than 180 [90] days
2-11 if the child:
2-12 (1) is alleged to have engaged in conduct indicating a
2-13 need for supervision that violated a penal law of this state of the
2-14 grade of misdemeanor that is punishable by fine only or a penal
2-15 ordinance of a political subdivision of this state;
2-16 (2) waives, under Section 51.09 [of this code], the
2-17 privilege against self-incrimination and testifies under oath that
2-18 the allegations are true;
2-19 (3) presents to the court an oral or written request
2-20 to attend a teen court program; and
2-21 (4) has not successfully completed a teen court
2-22 program for the violation of the same penal law or ordinance in the
2-23 two years preceding the date that the alleged conduct occurred.
2-24 (c) A child for whom adjudication proceedings are deferred
2-25 under Subsection (a) shall complete the teen court program not
2-26 later than the 90th day after the date the teen court hearing to
2-27 determine punishment is held. The court shall dismiss the case
3-1 with prejudice at the conclusion of the deferral period if the
3-2 child presents satisfactory evidence that the child has
3-3 successfully completed the teen court program.
3-4 SECTION 3. (a) This Act takes effect September 1, 2001, and
3-5 applies only to a defendant charged with an offense committed or,
3-6 for the purposes of Title 3, Family Code, a child alleged to have
3-7 engaged in conduct that occurs on or after the effective date of
3-8 this Act. An offense committed or conduct that occurs before the
3-9 effective date of this Act is covered by the law in effect when the
3-10 offense was committed or the conduct occurred, and the former law
3-11 is continued in effect for that purpose.
3-12 (b) For purposes of this section, an offense was committed
3-13 before the effective date of this Act if every element of the
3-14 offense occurred before that date, and conduct violating a penal
3-15 law of this state occurred before the effective date of this Act if
3-16 every element of the violation occurred before that date.