1-1 By: Giddings, Pitts, Jones of Dallas H.B. No. 822
1-2 (Senate Sponsor - West)
1-3 (In the Senate - Received from the House March 21, 2001;
1-4 March 22, 2001, read first time and referred to Committee on
1-5 Jurisprudence; May 1, 2001, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-7 May 1, 2001, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 822 By: Ellis
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the deferral of proceedings in a justice, municipal, or
1-12 juvenile court against certain persons for purposes of attending a
1-13 teen court program.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Articles 45.052(a) and (c), Code of Criminal
1-16 Procedure, are amended to read as follows:
1-17 (a) A justice or municipal court may defer proceedings
1-18 against a defendant who is under the age of 18 or enrolled full
1-19 time in an accredited secondary school in a program leading toward
1-20 a high school diploma for not more than 180 [90] days if the
1-21 defendant:
1-22 (1) is charged with an offense that the court has
1-23 jurisdiction of under Article 4.11 or 4.14, Code of Criminal
1-24 Procedure;
1-25 (2) pleads nolo contendere or guilty to the offense in
1-26 open court with the defendant's parent, guardian, or managing
1-27 conservator present;
1-28 (3) presents to the court an oral or written request
1-29 to attend a teen court program; and
1-30 (4) has not successfully completed a teen court
1-31 program in the two years preceding the date that the alleged
1-32 offense occurred.
1-33 (c) A defendant for whom proceedings are deferred under
1-34 Subsection (a) shall complete the teen court program not later than
1-35 the 90th day after the date the teen court hearing to determine
1-36 punishment is held or the last day of the deferral period,
1-37 whichever date is earlier. The justice or municipal court shall
1-38 dismiss the charge at the time [conclusion of the deferral period
1-39 if] the defendant presents satisfactory evidence that the defendant
1-40 has successfully completed the teen court program.
1-41 SECTION 2. Sections 54.032(a) and (c), Family Code, are
1-42 amended to read as follows:
1-43 (a) A juvenile court may defer adjudication proceedings
1-44 under Section 54.03 [of this code] for not more than 180 [90] days
1-45 if the child:
1-46 (1) is alleged to have engaged in conduct indicating a
1-47 need for supervision that violated a penal law of this state of the
1-48 grade of misdemeanor that is punishable by fine only or a penal
1-49 ordinance of a political subdivision of this state;
1-50 (2) waives, under Section 51.09 [of this code], the
1-51 privilege against self-incrimination and testifies under oath that
1-52 the allegations are true;
1-53 (3) presents to the court an oral or written request
1-54 to attend a teen court program; and
1-55 (4) has not successfully completed a teen court
1-56 program for the violation of the same penal law or ordinance in the
1-57 two years preceding the date that the alleged conduct occurred.
1-58 (c) A child for whom adjudication proceedings are deferred
1-59 under Subsection (a) shall complete the teen court program not
1-60 later than the 90th day after the date the teen court hearing to
1-61 determine punishment is held or the last day of the deferral
1-62 period, whichever date is earlier. The court shall dismiss the
1-63 case with prejudice at the time [conclusion of the deferral period
1-64 if] the child presents satisfactory evidence that the child has
2-1 successfully completed the teen court program.
2-2 SECTION 3. (a) This Act takes effect September 1, 2001, and
2-3 applies only to a defendant charged with an offense committed or,
2-4 for the purposes of Title 3, Family Code, a child alleged to have
2-5 engaged in conduct that occurs on or after the effective date of
2-6 this Act. An offense committed or conduct that occurs before the
2-7 effective date of this Act is covered by the law in effect when the
2-8 offense was committed or the conduct occurred, and the former law
2-9 is continued in effect for that purpose.
2-10 (b) For purposes of this section, an offense was committed
2-11 before the effective date of this Act if every element of the
2-12 offense occurred before that date, and conduct violating a penal
2-13 law of this state occurred before the effective date of this Act if
2-14 every element of the violation occurred before that date.
2-15 * * * * *