By Giddings H.B. No. 822
77R1654 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. Article 45.052, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 45.052. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION
1-9 OF TEEN COURT PROGRAM. (a) A justice or municipal court may defer
1-10 proceedings against a defendant who is under the age of 18 or
1-11 enrolled full time in an accredited secondary school in a program
1-12 leading toward a high school diploma for a period described by
1-13 Subsection (b) [90 days] if the defendant:
1-14 (1) is charged with an offense that the court has
1-15 jurisdiction of under Article 4.11 or 4.14, Code of Criminal
1-16 Procedure;
1-17 (2) pleads nolo contendere or guilty to the offense in
1-18 open court with the defendant's parent, guardian, or managing
1-19 conservator present;
1-20 (3) presents to the court an oral or written request
1-21 to attend a teen court program; and
1-22 (4) has not successfully completed a teen court
1-23 program in the two years preceding the date that the alleged
1-24 offense occurred.
2-1 (b) The justice or municipal court may defer proceedings
2-2 under this article until the 90th day after the date the teen court
2-3 hearing to determine punishment is held.
2-4 (c) The teen court program must be approved by the court.
2-5 (d) [(c)] The justice or municipal court shall dismiss the
2-6 charge at the conclusion of the deferral period if the defendant
2-7 presents satisfactory evidence that the defendant has successfully
2-8 completed the teen court program.
2-9 (e) [(d)] A charge dismissed under this article may not be
2-10 part of the defendant's criminal record or driving record or used
2-11 for any purpose. However, if the charge was for a traffic offense,
2-12 the court shall report to the Department of Public Safety that the
2-13 defendant successfully completed the teen court program and the
2-14 date of completion for inclusion in the defendant's driving record.
2-15 (f) [(e)] The justice or municipal court may require a
2-16 person who requests a teen court program to pay a fee not to exceed
2-17 $10 that is set by the court to cover the costs of administering
2-18 this article. Fees collected by a municipal court shall be
2-19 deposited in the municipal treasury. Fees collected by a justice
2-20 court shall be deposited in the county treasury of the county in
2-21 which the court is located. A person who requests a teen court
2-22 program and fails to complete the program is not entitled to a
2-23 refund of the fee.
2-24 (g) [(f)] A court may transfer a case in which proceedings
2-25 have been deferred under this section to a court in another county
2-26 if the court to which the case is transferred consents. A case may
2-27 not be transferred unless it is within the jurisdiction of the
3-1 court to which it is transferred.
3-2 (h) [(g)] In addition to the fee authorized by Subsection
3-3 (f) [(e)] of this article, the court may require a child who
3-4 requests a teen court program to pay a $10 fee to cover the cost to
3-5 the teen court for performing its duties under this article. The
3-6 court shall pay the fee to the teen court program, and the teen
3-7 court program must account to the court for the receipt and
3-8 disbursal of the fee. A child who pays a fee under this subsection
3-9 is not entitled to a refund of the fee, regardless of whether the
3-10 child successfully completes the teen court program.
3-11 (i) [(h)] A justice or municipal court may exempt a
3-12 defendant for whom proceedings are deferred under this article from
3-13 the requirement to pay a court cost or fee that is imposed by
3-14 another statute.
3-15 SECTION 2. Section 54.032, Family Code, is amended to read as
3-16 follows:
3-17 Sec. 54.032. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
3-18 CERTAIN CASES ON COMPLETION OF TEEN COURT PROGRAM. (a) A juvenile
3-19 court may defer adjudication proceedings under Section 54.03 for a
3-20 period described by Subsection (b) [of this code for 90 days] if
3-21 the child:
3-22 (1) is alleged to have engaged in conduct indicating a
3-23 need for supervision that violated a penal law of this state of the
3-24 grade of misdemeanor that is punishable by fine only or a penal
3-25 ordinance of a political subdivision of this state;
3-26 (2) waives, under Section 51.09 [of this code], the
3-27 privilege against self-incrimination and testifies under oath that
4-1 the allegations are true;
4-2 (3) presents to the court an oral or written request
4-3 to attend a teen court program; and
4-4 (4) has not successfully completed a teen court
4-5 program for the violation of the same penal law or ordinance in the
4-6 two years preceding the date that the alleged conduct occurred.
4-7 (b) The court may defer proceedings under this section until
4-8 the 90th day after the date the teen court hearing to determine
4-9 punishment is held.
4-10 (c) The teen court program must be approved by the court.
4-11 (d) [(c)] The court shall dismiss the case with prejudice at
4-12 the conclusion of the deferral period if the child presents
4-13 satisfactory evidence that the child has successfully completed the
4-14 teen court program.
4-15 (e) [(d)] A case dismissed under this section may not be
4-16 part of the child's records for any purpose.
4-17 (f) [(e)] The court may require a child who requests a teen
4-18 court program to pay a fee not to exceed $10 that is set by the
4-19 court to cover the costs of administering this section. The court
4-20 shall deposit the fee in the county treasury of the county in which
4-21 the court is located. A child who requests a teen court program
4-22 and does not complete the program is not entitled to a refund of
4-23 the fee.
4-24 (g) [(f)] A court may transfer a case in which proceedings
4-25 have been deferred as provided by this section to a court in a
4-26 contiguous county if the court to which the case is transferred
4-27 consents. A case may not be transferred unless it is within the
5-1 jurisdiction of the court to which it is transferred.
5-2 (h) [(g)] In addition to the fee authorized by Subsection
5-3 (f) [(e)], the court may require a child who requests a teen court
5-4 program to pay a $10 fee to cover the cost to the teen court for
5-5 performing its duties under this section. The court shall pay the
5-6 fee to the teen court program, and the teen court program must
5-7 account to the court for the receipt and disbursal of the fee. A
5-8 child who pays a fee under this subsection is not entitled to a
5-9 refund of the fee, regardless of whether the child successfully
5-10 completes the teen court program.
5-11 SECTION 3. (a) This Act takes effect September 1, 2001, and
5-12 applies only to a defendant charged with an offense committed or,
5-13 for the purposes of Title 3, Family Code, a child alleged to have
5-14 engaged in conduct that occurs on or after the effective date of
5-15 this Act. An offense committed or conduct that occurs before the
5-16 effective date of this Act is covered by the law in effect when the
5-17 offense was committed or the conduct occurred, and the former law
5-18 is continued in effect for that purpose.
5-19 (b) For purposes of this section, an offense was committed
5-20 before the effective date of this Act if every element of the
5-21 offense occurred before that date, and conduct violating a penal
5-22 law of this state occurred before the effective date of this Act if
5-23 every element of the violation occurred before that date.