By Goodman, Allen, Reyna of Bexar, H.B. No. 1118
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adjudication and disposition of juvenile conduct
1-3 and the administration of the juvenile justice system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.02(12), Family Code, is amended to
1-6 read as follows:
1-7 (12) "Referral to juvenile court" means the referral
1-8 of a child or a child's case to the office or official, including
1-9 an intake officer or probation officer, designated by the juvenile
1-10 board [court] to process children within the juvenile justice
1-11 system.
1-12 SECTION 2. Section 51.03(a), Family Code, is amended to read
1-13 as follows:
1-14 (a) Delinquent conduct is:
1-15 (1) conduct, other than a traffic offense, that
1-16 violates a penal law of this state or of the United States
1-17 punishable by imprisonment or by confinement in jail;
1-18 (2) [conduct that violates a reasonable and lawful
1-19 order of a juvenile court entered under Section 54.04 or 54.05 of
1-20 this code, except an order prohibiting the following conduct:]
1-21 [(A) a violation of the penal laws of this state
1-22 of the grade of misdemeanor that is punishable by fine only or a
1-23 violation of the penal ordinances of any political subdivision of
1-24 this state;]
1-25 [(B) the unexcused voluntary absence of a child
2-1 from school; or]
2-2 [(C) the voluntary absence of a child from his
2-3 home without the consent of his parent or guardian for a
2-4 substantial length of time or without intent to return;]
2-5 [(3)] conduct that violates a lawful order of a
2-6 municipal court or justice court under circumstances that would
2-7 constitute contempt of that court;
2-8 (3) [(4)] conduct that violates Section 49.04, 49.05,
2-9 49.06, 49.07, or 49.08, Penal Code; or
2-10 (4) [(5)] conduct that violates Section 106.041,
2-11 Alcoholic Beverage Code, relating to driving under the influence of
2-12 alcohol by a minor (third or subsequent offense).
2-13 SECTION 3. Section 51.04(g), Family Code, is amended to read
2-14 as follows:
2-15 (g) The juvenile board[, or if there is no juvenile board,
2-16 the juvenile court,] may appoint a referee to make determinations
2-17 under Section 53.02(f) or to conduct hearings under this title.
2-18 The referee shall be an attorney licensed to practice law in this
2-19 state and shall comply with Section 54.10. Payment of any referee
2-20 services shall be provided from county funds.
2-21 SECTION 4. Section 51.041, Family Code, is amended to read as
2-22 follows:
2-23 Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
2-24 retains jurisdiction over a person, without regard to the age of
2-25 the person, for conduct engaged in by the person before becoming 17
2-26 years of age if, as a result of an appeal by the person under
2-27 Chapter 56 or under Article 44.47, Code of Criminal Procedure, of
3-1 an order of the court, the order is reversed or modified and the
3-2 case remanded to the court by the appellate court.
3-3 (b) If the respondent is at least 18 years of age when the
3-4 order of remand from the appellate court is received by the
3-5 juvenile court, the juvenile court shall proceed as provided by
3-6 Sections 54.02(o)-(r) for the detention of a person at least 18
3-7 years of age in discretionary transfer proceedings. Pending
3-8 retrial of the adjudication or transfer proceeding, the juvenile
3-9 court may:
3-10 (1) order the respondent released from custody;
3-11 (2) order the respondent detained in a juvenile
3-12 detention facility; or
3-13 (3) set bond and order the respondent detained in a
3-14 county adult facility if bond is not made.
3-15 SECTION 5. Chapter 51, Family Code, is amended by adding
3-16 Section 51.0412 to read as follows:
3-17 Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The
3-18 court retains jurisdiction over a person, without regard to the age
3-19 of the person, who is a respondent in an adjudication proceeding, a
3-20 disposition proceeding, or a proceeding to modify disposition if:
3-21 (1) the petition or motion to modify was filed while
3-22 the respondent was younger than 18 years of age;
3-23 (2) the proceeding is not complete before the
3-24 respondent becomes 18 years of age; and
3-25 (3) the court enters a finding in the proceeding that
3-26 the prosecuting attorney exercised due diligence in an attempt to
3-27 complete the proceeding before the respondent became 18 years of
4-1 age.
4-2 SECTION 6. Section 51.08, Family Code, is amended by amending
4-3 Subsection (b) and adding Subsection (d) to read as follows:
4-4 (b) A court in which there is pending a complaint against a
4-5 child alleging a violation of a misdemeanor offense punishable by
4-6 fine only other than a traffic offense or public intoxication or a
4-7 violation of a penal ordinance of a political subdivision other
4-8 than a traffic offense:
4-9 (1) except as provided by Subsection (d), shall waive
4-10 its original jurisdiction and refer a child to juvenile court if
4-11 the child has previously been convicted of:
4-12 (A) two or more misdemeanors punishable by fine
4-13 only other than a traffic offense or public intoxication;
4-14 (B) two or more violations of a penal ordinance
4-15 of a political subdivision other than a traffic offense; or
4-16 (C) one or more of each of the types of
4-17 misdemeanors described in Paragraph (A) or (B) of this subdivision;
4-18 and
4-19 (2) may waive its original jurisdiction and refer a
4-20 child to juvenile court if the child:
4-21 (A) has not previously been convicted of a
4-22 misdemeanor punishable by fine only other than a traffic offense or
4-23 public intoxication or a violation of a penal ordinance of a
4-24 political subdivision other than a traffic offense; or
4-25 (B) has previously been convicted of fewer than
4-26 two misdemeanors punishable by fine only other than a traffic
4-27 offense or public intoxication or two violations of a penal
5-1 ordinance of a political subdivision other than a traffic offense.
5-2 (d) A court that has implemented a juvenile case manager
5-3 program under Article 45.054, Code of Criminal Procedure, may, but
5-4 is not required to, waive its original jurisdiction under
5-5 Subsection (b)(1).
5-6 SECTION 7. Section 51.095(a), Family Code, is amended to read
5-7 as follows:
5-8 (a) Notwithstanding Section 51.09, the statement of a child
5-9 is admissible in evidence in any future proceeding concerning the
5-10 matter about which the statement was given if:
5-11 (1) the statement is made in writing under a
5-12 circumstance described by Subsection (d) and:
5-13 (A) the statement shows that the child has at
5-14 some time before the making of the statement received from a
5-15 magistrate a warning that:
5-16 (i) the child may remain silent and not
5-17 make any statement at all and that any statement that the child
5-18 makes may be used in evidence against the child;
5-19 (ii) the child has the right to have an
5-20 attorney present to advise the child either prior to any
5-21 questioning or during the questioning;
5-22 (iii) if the child is unable to employ an
5-23 attorney, the child has the right to have an attorney appointed to
5-24 counsel with the child before or during any interviews with peace
5-25 officers or attorneys representing the state; and
5-26 (iv) the child has the right to terminate
5-27 the interview at any time;
6-1 (B) and:
6-2 (i) the statement must be signed in the
6-3 presence of a magistrate by the child with no law enforcement
6-4 officer or prosecuting attorney present, except that a magistrate
6-5 may require a bailiff or a law enforcement officer if a bailiff is
6-6 not available to be present if the magistrate determines that the
6-7 presence of the bailiff or law enforcement officer is necessary for
6-8 the personal safety of the magistrate or other court personnel,
6-9 provided that the bailiff or law enforcement officer may not carry
6-10 a weapon in the presence of the child; and
6-11 (ii) the magistrate must be fully
6-12 convinced that the child understands the nature and contents of the
6-13 statement and that the child is signing the same voluntarily, and
6-14 if a statement is taken, the magistrate must sign a written
6-15 statement verifying the foregoing requisites have been met;
6-16 (C) the child knowingly, intelligently, and
6-17 voluntarily waives these rights before and during the making of the
6-18 statement and signs the statement in the presence of a magistrate;
6-19 and
6-20 (D) the magistrate certifies that the magistrate
6-21 has examined the child independent of any law enforcement officer
6-22 or prosecuting attorney, except as required to ensure the personal
6-23 safety of the magistrate or other court personnel, and has
6-24 determined that the child understands the nature and contents of
6-25 the statement and has knowingly, intelligently, and voluntarily
6-26 waived these rights;
6-27 (2) the statement is made orally and the child makes a
7-1 statement of facts or circumstances that are found to be true and
7-2 tend[, which conduct tends] to establish the child's guilt, such as
7-3 the finding of secreted or stolen property, or the instrument with
7-4 which the child states the offense was committed;
7-5 (3) the statement was res gestae of the delinquent
7-6 conduct or the conduct indicating a need for supervision or of the
7-7 arrest;
7-8 (4) the statement is made:
7-9 (A) in open court at the child's adjudication
7-10 hearing;
7-11 (B) before a grand jury considering a petition,
7-12 under Section 53.045, that the child engaged in delinquent conduct;
7-13 or
7-14 (C) at a preliminary hearing concerning the
7-15 child held in compliance with this code, other than at a detention
7-16 hearing under Section 54.01; or
7-17 (5) the statement is made orally under a circumstance
7-18 described by Subsection (d) and the statement is recorded by an
7-19 electronic recording device, including a device that records
7-20 images, and:
7-21 (A) before making the statement, the child is
7-22 given the warning described by Subdivision (1)(A) by a magistrate,
7-23 the warning is a part of the recording, and the child knowingly,
7-24 intelligently, and voluntarily waives each right stated in the
7-25 warning;
7-26 (B) the recording device is capable of making an
7-27 accurate recording, the operator of the device is competent to use
8-1 the device, the recording is accurate, and the recording has not
8-2 been altered;
8-3 (C) each voice on the recording is identified;
8-4 and
8-5 (D) not later than the 20th day before the date
8-6 of the proceeding, the attorney representing the child is given a
8-7 complete and accurate copy of each recording of the child made
8-8 under this subdivision.
8-9 SECTION 8. Section 51.10(e), Family Code, is amended to read
8-10 as follows:
8-11 (e) The court may enforce orders under Subsection (d) [(c)
8-12 of this section] by proceedings under Section 54.07 [of this code]
8-13 or by appointing counsel and ordering the parent or other person
8-14 responsible for support of the child to pay a reasonable attorney's
8-15 fee set by the court. The order may be enforced under Section
8-16 54.07 [of this code].
8-17 SECTION 9. Chapter 51, Family Code, is amended by adding
8-18 Section 51.101 to read as follows:
8-19 Sec. 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF
8-20 REPRESENTATION. (a) If an attorney is appointed at the initial
8-21 detention hearing and the child is detained, the attorney shall
8-22 continue to represent the child until the case is terminated, the
8-23 family retains an attorney, or a new attorney is appointed by the
8-24 juvenile court. Release of the child from detention does not
8-25 terminate the attorney's representation.
8-26 (b) If there is an initial detention hearing without an
8-27 attorney and the child is detained, the attorney appointed under
9-1 Section 51.10(c) shall continue to represent the child until the
9-2 case is terminated, the family retains an attorney, or a new
9-3 attorney is appointed by the juvenile court. Release of the child
9-4 from detention does not terminate the attorney's representation.
9-5 (c) The juvenile court shall determine, on the filing of a
9-6 petition, whether the child's family is indigent if:
9-7 (1) the child is released by intake;
9-8 (2) the child is released at the initial detention
9-9 hearing; or
9-10 (3) the case was referred to the court without the
9-11 child in custody.
9-12 (d) A juvenile court that makes a finding of indigence under
9-13 Subsection (c) shall appoint an attorney to represent the child on
9-14 or before the fifth working day after the date the petition for
9-15 adjudication or discretionary transfer hearing was served on the
9-16 child. An attorney appointed under this subsection shall continue
9-17 to represent the child until the case is terminated, the family
9-18 retains an attorney, or a new attorney is appointed by the juvenile
9-19 court.
9-20 (e) The juvenile court shall determine whether the child's
9-21 family is indigent if a motion or petition is filed under Section
9-22 54.05 seeking to modify disposition by committing the child to the
9-23 Texas Youth Commission or placing the child in a secure
9-24 correctional facility. A court that makes a finding of indigence
9-25 shall appoint an attorney to represent the child on or before the
9-26 fifth working day after the date the petition or motion has been
9-27 filed. An attorney appointed under this subsection shall continue
10-1 to represent the child until the court rules on the motion or
10-2 petition, the family retains an attorney, or a new attorney is
10-3 appointed.
10-4 SECTION 10. Sections 51.12(b), (c), and (l), Family Code, are
10-5 amended to read as follows:
10-6 (b) The proper authorities in each county shall provide a
10-7 suitable place of detention for children who are parties to
10-8 proceedings under this title, but the juvenile board [court] shall
10-9 control the conditions and terms of detention and detention
10-10 supervision and shall permit visitation with the child at all
10-11 reasonable times.
10-12 (c) In each county, each judge of the juvenile court and a
10-13 majority of the members of the juvenile board shall personally
10-14 inspect the juvenile pre-adjudication secure detention facilities
10-15 and any public or private juvenile secure correctional facilities
10-16 used for post-adjudication confinement that are located in the
10-17 county and operated under authority of the juvenile board at least
10-18 annually and shall certify in writing to the authorities
10-19 responsible for operating and giving financial support to the
10-20 facilities and to the Texas Juvenile Probation Commission that they
10-21 are suitable or unsuitable for the detention of children in
10-22 accordance with:
10-23 (1) the requirements of Subsections (a), (f), and (g);
10-24 and
10-25 (2) minimum professional standards for the detention
10-26 of children in pre-adjudication or post-adjudication secure
10-27 confinement promulgated by the Texas Juvenile Probation Commission
11-1 or, at the election of the juvenile board, the current standards
11-2 promulgated by the American Correctional Association.
11-3 (l) A child who is taken into custody and required to be
11-4 detained under Section 53.02(f) may be detained in a county jail or
11-5 other facility until the child is released under Section 53.02(f)
11-6 or until a detention hearing is held as required by Section
11-7 54.01(p), regardless of whether the facility complies with the
11-8 requirements of this section, if:
11-9 (1) a certified juvenile detention facility or a
11-10 secure detention facility described by Subsection (j) is not
11-11 available in the county in which the child is taken into custody or
11-12 in an adjacent county;
11-13 (2) the facility has been designated by the county
11-14 juvenile board for the county in which the facility is located;
11-15 (3) the child is separated by sight and sound from
11-16 adults detained in the same facility through architectural design
11-17 or time-phasing;
11-18 (4) the child does not have any contact with
11-19 management or direct-care staff that has contact with adults
11-20 detained in the same facility on the same work shift;
11-21 (5) the county in which the child is taken into
11-22 custody is not located in a metropolitan statistical area as
11-23 designated by the United States Bureau of the Census; and
11-24 (6) each judge of the juvenile court and a majority of
11-25 the members of the juvenile board of the county in which the child
11-26 is taken into custody have personally inspected the facility at
11-27 least annually and have certified in writing to the Texas Juvenile
12-1 Probation Commission that the facility complies with the
12-2 requirements of Subdivisions (3) and (4).
12-3 SECTION 11. Sections 52.01(c) and (d), Family Code, are
12-4 amended to read as follows:
12-5 (c) A law-enforcement officer authorized to take a child
12-6 into custody under Subdivisions (2) and (3) of Subsection (a) of
12-7 this section may issue a warning notice to the child in lieu of
12-8 taking the child [him] into custody if:
12-9 (1) guidelines for warning disposition have been
12-10 issued by the law-enforcement agency in which the officer works;
12-11 (2) the guidelines have been approved by the juvenile
12-12 court of the county in which the disposition is made;
12-13 (3) the disposition is authorized by the guidelines;
12-14 (4) the warning notice identifies the child and
12-15 describes the child's [his] alleged conduct;
12-16 (5) a copy of the warning notice is sent to the
12-17 child's parent, guardian, or custodian as soon as practicable after
12-18 disposition; and
12-19 (6) a copy of the warning notice is filed with the
12-20 law-enforcement agency and the office or official designated by the
12-21 juvenile board [court].
12-22 (d) A warning notice filed with the office or official
12-23 designated by the juvenile board [court] may be used as the basis
12-24 of further action if necessary.
12-25 SECTION 12. Sections 52.02(a) and (b), Family Code, are
12-26 amended to read as follows:
12-27 (a) Except as provided by Subsection (c), a person taking a
13-1 child into custody, without unnecessary delay and without first
13-2 taking the child to any place other than a juvenile processing
13-3 office designated under Section 52.025, shall do one of the
13-4 following:
13-5 (1) release the child to a parent, guardian, custodian
13-6 of the child, or other responsible adult upon that person's promise
13-7 to bring the child before the juvenile court as requested by the
13-8 court;
13-9 (2) bring the child before the office or official
13-10 designated by the juvenile board [court] if there is probable cause
13-11 to believe that the child engaged in delinquent conduct or conduct
13-12 indicating a need for supervision;
13-13 (3) bring the child to a detention facility designated
13-14 by the juvenile board [court];
13-15 (4) bring the child to a secure detention facility as
13-16 provided by Section 51.12(j);
13-17 (5) bring the child to a medical facility if the child
13-18 is believed to suffer from a serious physical condition or illness
13-19 that requires prompt treatment; or
13-20 (6) dispose of the case under Section 52.03.
13-21 (b) A person taking a child into custody shall promptly give
13-22 notice of the person's [his] action and a statement of the reason
13-23 for taking the child into custody, to:
13-24 (1) the child's parent, guardian, or custodian; and
13-25 (2) the office or official designated by the juvenile
13-26 board [court].
13-27 SECTION 13. Section 52.025(a), Family Code, is amended to
14-1 read as follows:
14-2 (a) The juvenile board [court] may designate an office or a
14-3 room, which may be located in a police facility or sheriff's
14-4 offices, as the juvenile processing office for the temporary
14-5 detention of a child taken into custody under Section 52.01 [of
14-6 this code]. The office may not be a cell or holding facility used
14-7 for detentions other than detentions under this section. The
14-8 juvenile board [court] by written order may prescribe the
14-9 conditions of the designation and limit the activities that may
14-10 occur in the office during the temporary detention.
14-11 SECTION 14. Sections 52.027(f) and (i), Family Code, are
14-12 amended to read as follows:
14-13 (f) A child taken into custody for an offense that a justice
14-14 or municipal court has jurisdiction of under Article 4.11 or 4.14,
14-15 Code of Criminal Procedure, other than public intoxication, may be
14-16 presented or detained in a detention facility designated by the
14-17 juvenile board [court] under Section 52.02(a)(3) only if:
14-18 (1) the child's non-traffic case is transferred to the
14-19 juvenile court by a municipal court or justice court under Section
14-20 51.08(b); or
14-21 (2) the child is referred to the juvenile court by a
14-22 municipal court or justice court for contempt of court under
14-23 Subsection (h).
14-24 (i) In this section, "child" means a person who[:]
14-25 [(1)] is at least 10 years of age and younger than 17
14-26 years of age and who is charged with or convicted of an offense
14-27 that a justice or municipal court has jurisdiction of under Article
15-1 4.11 or 4.14, Code of Criminal Procedure, other than public
15-2 intoxication[; or]
15-3 [(2) is at least 10 years of age and younger than 18
15-4 years of age and who:]
15-5 [(A) is a status offender and was taken into
15-6 custody as a status offender for conduct engaged in before becoming
15-7 17 years of age; or]
15-8 [(B) is a nonoffender and became a nonoffender
15-9 before becoming 17 years of age].
15-10 SECTION 15. Section 52.03(d), Family Code, is amended to read
15-11 as follows:
15-12 (d) Statistics indicating the number and kind of
15-13 dispositions made by a law-enforcement agency under the authority
15-14 of this section shall be reported at least annually to the office
15-15 or official designated by the juvenile board [court], as ordered by
15-16 the court.
15-17 SECTION 16. Sections 52.04(a) and (b), Family Code, are
15-18 amended to read as follows:
15-19 (a) The following shall accompany referral of a child or a
15-20 child's case to the office or official designated by the juvenile
15-21 board [court] or be provided as quickly as possible after referral:
15-22 (1) all information in the possession of the person or
15-23 agency making the referral pertaining to the identity of the child
15-24 and the child's [his] address, the name and address of the child's
15-25 parent, guardian, or custodian, the names and addresses of any
15-26 witnesses, and the child's present whereabouts;
15-27 (2) a complete statement of the circumstances of the
16-1 alleged delinquent conduct or conduct indicating a need for
16-2 supervision;
16-3 (3) when applicable, a complete statement of the
16-4 circumstances of taking the child into custody; and
16-5 (4) when referral is by an officer of a
16-6 law-enforcement agency, a complete statement of all prior contacts
16-7 with the child by officers of that law-enforcement agency.
16-8 (b) The office or official designated by the juvenile board
16-9 [court] may refer the case to a law-enforcement agency for the
16-10 purpose of conducting an investigation to obtain necessary
16-11 information.
16-12 SECTION 17. Sections 52.041(c) and (d), Family Code, are
16-13 amended to read as follows:
16-14 (c) Within five working days of receipt of an expulsion
16-15 notice under this section by the office or official designated by
16-16 the juvenile board [court], a preliminary investigation and
16-17 determination shall be conducted as required by Section 53.01.
16-18 (d) The office or official designated by the juvenile board
16-19 [court] shall within two working days notify the school district
16-20 that expelled the child if:
16-21 (1) a determination was made under Section 53.01 that
16-22 the person referred to juvenile court was not a child within the
16-23 meaning of this title;
16-24 (2) a determination was made that no probable cause
16-25 existed to believe the child engaged in delinquent conduct or
16-26 conduct indicating a need for supervision;
16-27 (3) no deferred prosecution or formal court
17-1 proceedings have been or will be initiated involving the child;
17-2 (4) the court or jury finds that the child did not
17-3 engage in delinquent conduct or conduct indicating a need for
17-4 supervision and the case has been dismissed with prejudice; or
17-5 (5) the child was adjudicated but no disposition was
17-6 or will be ordered by the court.
17-7 SECTION 18. Sections 53.01(a) and (c), Family Code, are
17-8 amended to read as follows:
17-9 (a) On referral of a person believed to be a child or on
17-10 referral of the person's case to the office or official designated
17-11 by the juvenile board [court], the intake officer, probation
17-12 officer, or other person authorized by the court shall conduct a
17-13 preliminary investigation to determine whether:
17-14 (1) the person referred to juvenile court is a child
17-15 within the meaning of this title; and
17-16 (2) there is probable cause to believe the person
17-17 engaged in delinquent conduct or conduct indicating a need for
17-18 supervision.
17-19 (c) When custody of a child is given to the office or
17-20 official designated by the juvenile board [court], the intake
17-21 officer, probation officer, or other person authorized by the court
17-22 shall promptly give notice of the whereabouts of the child and a
17-23 statement of the reason the child [he] was taken into custody to
17-24 the child's parent, guardian, or custodian unless the notice given
17-25 under Section 52.02(b) [of this code] provided fair notice of the
17-26 child's present whereabouts.
17-27 SECTION 19. Section 54.01(l), Family Code, is amended to read
18-1 as follows:
18-2 (l) The juvenile board [or, if there is none, the juvenile
18-3 court,] may appoint a referee to conduct the detention hearing.
18-4 The referee shall be an attorney licensed to practice law in this
18-5 state. Such payment or additional payment as may be warranted for
18-6 referee services shall be provided from county funds. Before
18-7 commencing the detention hearing, the referee shall inform the
18-8 parties who have appeared that they are entitled to have the
18-9 hearing before the juvenile court judge or a substitute judge
18-10 authorized by Section 51.04(f) [of this code]. If a party objects
18-11 to the referee conducting the detention hearing, an authorized
18-12 judge shall conduct the hearing within 24 hours. At the conclusion
18-13 of the hearing, the referee shall transmit written findings and
18-14 recommendations to the juvenile court judge or substitute judge.
18-15 The juvenile court judge or substitute judge shall adopt, modify,
18-16 or reject the referee's recommendations not later than the next
18-17 working day after the day that the judge receives the
18-18 recommendations. Failure to act within that time results in
18-19 release of the child by operation of law. A recommendation that
18-20 the child be released operates to secure the child's [his]
18-21 immediate release, subject to the power of the juvenile court judge
18-22 or substitute judge to reject or modify that recommendation. The
18-23 effect of an order detaining a child shall be computed from the
18-24 time of the hearing before the referee.
18-25 SECTION 20. Chapter 54, Family Code, is amended by adding
18-26 Section 54.023 to read as follows:
18-27 Sec. 54.023. JUSTICE OR MUNICIPAL COURT: ENFORCEMENT. (a)
19-1 If a child intentionally or knowingly fails to obey a lawful order
19-2 of disposition after an adjudication of guilt of an offense that a
19-3 justice or municipal court has jurisdiction of under Article 4.11
19-4 or 4.14, Code of Criminal Procedure, the justice or municipal court
19-5 may:
19-6 (1) refer the child to the appropriate juvenile court
19-7 for delinquent conduct for contempt of the justice or municipal
19-8 court order; or
19-9 (2) retain jurisdiction of the case and:
19-10 (A) hold the child in contempt of the justice or
19-11 municipal court order and impose a fine not to exceed $500;
19-12 (B) order the child to be held in a place of
19-13 nonsecure custody designated under Section 52.027 for a single
19-14 period not to exceed six hours; or
19-15 (C) order the Department of Public Safety to
19-16 suspend the driver's license or permit of the child or, if the
19-17 child does not have a license or permit, to deny the issuance of a
19-18 license or permit to the child and, if the child has a continuing
19-19 obligation under the court's order, require that the suspension or
19-20 denial be effective until the child fully discharges the
19-21 obligation.
19-22 (b) A court that orders suspension or denial of a child's
19-23 driver's license or permit shall notify the Department of Public
19-24 Safety on receiving proof that the child has fully complied with
19-25 the orders of the court.
19-26 (c) A justice or municipal court may hold a person in
19-27 contempt and impose a remedy authorized by Subsection (a)(2) if:
20-1 (1) the person as a child was placed under an order of
20-2 the justice or municipal court;
20-3 (2) the person failed to obey the order while the
20-4 person was 17 years of age or older; and
20-5 (3) the failure to obey occurred under circumstances
20-6 that constitute contempt of court.
20-7 (d) A justice or municipal court may hold a person in
20-8 contempt and impose a remedy authorized by Subsection (a)(2) if the
20-9 person, while younger than 17 years of age, engaged in conduct in
20-10 contempt of an order of the justice or municipal court but contempt
20-11 proceedings could not be held before the child's 17th birthday.
20-12 (e) A justice or municipal court may not order a child to a
20-13 term of confinement or imprisonment for contempt of a justice or
20-14 municipal court order under this section.
20-15 (f) A justice or municipal court may not refer a child who
20-16 violates a court order while 17 years of age or older to a juvenile
20-17 court for delinquency proceedings for contempt of court.
20-18 SECTION 21. Section 54.03(c), Family Code, is amended to read
20-19 as follows:
20-20 (c) Trial shall be by jury unless jury is waived in
20-21 accordance with Section 51.09 [of this code]. If the hearing is on
20-22 a petition that has been approved by the grand jury under Section
20-23 53.045 [of this code], the jury must consist of 12 persons and be
20-24 selected in accordance with the requirements in criminal cases.
20-25 Jury verdicts under this title must be unanimous.
20-26 SECTION 22. Section 54.04, Family Code, as amended by
20-27 Chapters 1193, 1415, 1448, and 1477, Acts of the 76th Legislature,
21-1 Regular Session, 1999, is reenacted and amended to read as follows:
21-2 Sec. 54.04. DISPOSITION HEARING. (a) The disposition
21-3 hearing shall be separate, distinct, and subsequent to the
21-4 adjudication hearing. There is no right to a jury at the
21-5 disposition hearing unless the child is in jeopardy of a
21-6 determinate sentence under Subsection (d)(3) or (m) [of this
21-7 section], in which case, the child is entitled to a jury of 12
21-8 persons to determine the sentence.
21-9 (b) At the disposition hearing, the juvenile court may
21-10 consider written reports from probation officers, professional
21-11 court employees, or professional consultants in addition to the
21-12 testimony of witnesses. Prior to the disposition hearing, the
21-13 court shall provide the attorney for the child with access to all
21-14 written matter to be considered in disposition. The court may
21-15 order counsel not to reveal items to the child or the child's [his]
21-16 parent, guardian, or guardian ad litem if such disclosure would
21-17 materially harm the treatment and rehabilitation of the child or
21-18 would substantially decrease the likelihood of receiving
21-19 information from the same or similar sources in the future.
21-20 (c) No disposition may be made under this section unless the
21-21 child is in need of rehabilitation or the protection of the public
21-22 or the child requires that disposition be made. If the court or
21-23 jury does not so find, the court shall dismiss the child and enter
21-24 a final judgment without any disposition. No disposition placing
21-25 the child on probation outside the child's home may be made under
21-26 this section unless the court or jury finds that the child, in the
21-27 child's home, cannot be provided the quality of care and level of
22-1 support and supervision that the child needs to meet the conditions
22-2 of the probation.
22-3 (d) If the court or jury makes the finding specified in
22-4 Subsection (c) allowing the court to make a disposition in the
22-5 case:
22-6 (1) the court or jury may, in addition to any order
22-7 required or authorized under Section 54.041 or 54.042, place the
22-8 child on probation on such reasonable and lawful terms as the court
22-9 may determine:
22-10 (A) in the child's [his] own home or in the
22-11 custody of a relative or other fit person; or
22-12 (B) subject to the finding under Subsection (c)
22-13 on the placement of the child outside the child's home, in:
22-14 (i) a suitable foster home; or
22-15 (ii) a suitable public or private
22-16 institution or agency, except the Texas Youth Commission;
22-17 (2) if the court or jury found at the conclusion of
22-18 the adjudication hearing that the child engaged in delinquent
22-19 conduct that violates a penal law of this state or the United
22-20 States of the grade of felony or, if the requirements of Subsection
22-21 (s) or (t) [(q)] are met, of the grade of misdemeanor, and if the
22-22 petition was not approved by the grand jury under Section 53.045,
22-23 the court may commit the child to the Texas Youth Commission
22-24 without a determinate sentence;
22-25 (3) if the court or jury found at the conclusion of
22-26 the adjudication hearing that the child engaged in delinquent
22-27 conduct that included a violation of a penal law listed in Section
23-1 53.045(a) and if the petition was approved by the grand jury under
23-2 Section 53.045, the court or jury may sentence the child to
23-3 commitment in the Texas Youth Commission with a possible transfer
23-4 to the institutional division or the pardons and paroles division
23-5 of the Texas Department of Criminal Justice for a term of:
23-6 (A) not more than 40 years if the conduct
23-7 constitutes:
23-8 (i) a capital felony;
23-9 (ii) a felony of the first degree; or
23-10 (iii) an aggravated controlled substance
23-11 felony;
23-12 (B) not more than 20 years if the conduct
23-13 constitutes a felony of the second degree; or
23-14 (C) not more than 10 years if the conduct
23-15 constitutes a felony of the third degree;
23-16 (4) the court may assign the child an appropriate
23-17 sanction level and sanctions as provided by the assignment
23-18 guidelines in Section 59.003; or
23-19 (5) if applicable, the court or jury may make a
23-20 disposition under Subsection (m).
23-21 (e) The Texas Youth Commission shall accept a person
23-22 properly committed to it by a juvenile court even though the person
23-23 may be 17 years of age or older at the time of commitment.
23-24 (f) The court shall state specifically in the order its
23-25 reasons for the disposition and shall furnish a copy of the order
23-26 to the child. If the child is placed on probation, the terms of
23-27 probation shall be written in the order.
24-1 (g) If the court orders a disposition under Subsection
24-2 (d)(3) or (m) [of this section] and there is an affirmative finding
24-3 that the defendant used or exhibited a deadly weapon during the
24-4 commission of the conduct or during immediate flight from
24-5 commission of the conduct, the court shall enter the finding in the
24-6 order. If there is an affirmative finding that the deadly weapon
24-7 was a firearm, the court shall enter that finding in the order.
24-8 (h) At the conclusion of the dispositional hearing, the
24-9 court shall inform the child of:
24-10 (1) the child's right to appeal, as required by
24-11 Section 56.01 [of this code]; and
24-12 (2) the procedures for the sealing of the child's
24-13 records under Section 58.003 [of this code].
24-14 (i) If the court places the child on probation outside the
24-15 child's home or commits the child to the Texas Youth Commission,
24-16 the court:
24-17 (1) shall include in its order its determination that:
24-18 (A) [(1)] it is in the child's best interests to
24-19 be placed outside the child's home;
24-20 (B) [(2)] reasonable efforts were made to
24-21 prevent or eliminate the need for the child's removal from the home
24-22 and to make it possible for the child to return to the child's
24-23 home; and
24-24 (C) [(3)] the child, in the child's home, cannot
24-25 be provided the quality of care and level of support and
24-26 supervision that the child needs to meet the conditions of
24-27 probation; and
25-1 (2) may approve an administrative body to conduct
25-2 permanency hearings pursuant to 42 U.S.C. Section 675 if required
25-3 during the placement or commitment of the child.
25-4 (j) If the court or jury found that the child engaged in
25-5 delinquent conduct that included a violation of a penal law of the
25-6 grade of felony or jailable misdemeanor, the court:
25-7 (1) shall require that the child's thumbprint be
25-8 affixed to the order; and
25-9 (2) may require that a photograph of the child be
25-10 attached to the order.
25-11 (k) Except as provided by Subsection (m), the period to
25-12 which a court or jury may sentence a person to commitment to the
25-13 Texas Youth Commission with a transfer to the Texas Department of
25-14 Criminal Justice under Subsection (d)(3) [of this section] applies
25-15 without regard to whether the person has previously been
25-16 adjudicated as having engaged in delinquent conduct.
25-17 (l) Except as provided by Subsection (q), a court or jury
25-18 may place a child on probation under Subsection (d)(1) for any
25-19 period, except that probation may not continue on or after the
25-20 child's 18th birthday. Except as provided by Subsection (q), the
25-21 court may, before the period of probation ends, extend the
25-22 probation for any period, except that the probation may not extend
25-23 to or after the child's 18th birthday.
25-24 (m) The court or jury may sentence a child adjudicated for
25-25 habitual felony conduct as described by Section 51.031 to a term
25-26 prescribed by Subsection (d)(3) and applicable to the conduct
25-27 adjudicated in the pending case if:
26-1 (1) a petition was filed and approved by a grand jury
26-2 under Section 53.045 alleging that the child engaged in habitual
26-3 felony conduct; and
26-4 (2) the court or jury finds beyond a reasonable doubt
26-5 that the allegation described by Subdivision (1) in the grand jury
26-6 petition is true.
26-7 (n) A court may order a disposition of secure confinement of
26-8 a status offender adjudicated for violating a valid court order
26-9 only if:
26-10 (1) before the order is issued, the child received the
26-11 full due process rights guaranteed by the Constitution of the
26-12 United States or the Texas Constitution; and
26-13 (2) the juvenile probation department in a report
26-14 authorized by Subsection (b):
26-15 (A) reviewed the behavior of the child and the
26-16 circumstances under which the child was brought before the court;
26-17 (B) determined the reasons for the behavior that
26-18 caused the child to be brought before the court; and
26-19 (C) determined that all dispositions, including
26-20 treatment, other than placement in a secure detention facility or
26-21 secure correctional facility, have been exhausted or are clearly
26-22 inappropriate.
26-23 (o) In a disposition under this title:
26-24 (1) a [A] status offender may not, under any
26-25 circumstances, be committed to the Texas Youth Commission for
26-26 engaging in conduct that would not, under state or local law, be a
26-27 crime if committed by an adult;
27-1 (2) a status offender may not, under any circumstances
27-2 other than as provided under Subsection (n), be placed in a
27-3 post-adjudication secure correctional facility; and
27-4 (3) a child adjudicated for contempt of a justice or
27-5 municipal court order may not, under any circumstances, be placed
27-6 in a post-adjudication secure correctional facility or committed to
27-7 the Texas Youth Commission for that conduct.
27-8 (p) Except as provided by Subsection (l), a court that
27-9 places a child on probation under Subsection (d)(1) for conduct
27-10 described by Section 54.0405(b) and punishable as a felony shall
27-11 specify a minimum probation period of two years.
27-12 (q) If a court or jury sentences a child to commitment in
27-13 the Texas Youth Commission under Subsection (d)(3) for a term of
27-14 not more than 10 years, the court or jury may place the child on
27-15 probation under Subsection (d)(1) as an alternative to making the
27-16 disposition under Subsection (d)(3). The court shall prescribe the
27-17 period of probation ordered under this subsection for a term of not
27-18 more than 10 years. The court may, before the sentence of
27-19 probation expires, extend the probationary period under Section
27-20 54.05, except that the sentence of probation and any extension may
27-21 not exceed 10 years. The court may, before the child's 18th
27-22 birthday, discharge the child from the sentence of probation. If a
27-23 sentence of probation ordered under this subsection and any
27-24 extension of probation ordered under Section 54.05 will continue
27-25 after the child's 18th birthday, the court shall discharge the
27-26 child from the sentence of probation on the child's 18th birthday
27-27 unless the court transfers the child to an appropriate district
28-1 court under Section 54.051.
28-2 (r) [(q)] If the judge orders a disposition under this
28-3 section and there is an affirmative finding that the victim or
28-4 intended victim was younger than 17 years of age at the time of the
28-5 conduct, the judge shall enter the finding in the order.
28-6 (s) [(q)] The court may make a disposition under Subsection
28-7 (d)(2) for delinquent conduct that violates a penal law of the
28-8 grade of misdemeanor if:
28-9 (1) the child has been adjudicated as having engaged
28-10 in delinquent conduct violating a penal law of the grade of [felony
28-11 or] misdemeanor on at least two previous occasions;
28-12 (2) of the previous adjudications, the conduct that
28-13 was the basis for one of the adjudications occurred after the date
28-14 of another previous adjudication; and
28-15 (3) the conduct that is the basis of the current
28-16 adjudication occurred after the date of at least two previous
28-17 adjudications.
28-18 (t) The court may make a disposition under Subsection (d)(2)
28-19 for delinquent conduct that violates a penal law of the grade of
28-20 misdemeanor if:
28-21 (1) the child has been adjudicated as having engaged
28-22 in delinquent conduct violating a penal law of the grade of felony
28-23 on at least one previous occasion; and
28-24 (2) the conduct that is the basis of the current
28-25 adjudication occurred after the date of that previous adjudication.
28-26 (u) For the purposes of disposition under Subsection (d)(2),
28-27 delinquent conduct that violates a penal law of this state of the
29-1 grade of felony or misdemeanor does not include conduct that
29-2 violates a lawful order of a municipal, justice, or juvenile court
29-3 under circumstances that would constitute contempt of that court.
29-4 SECTION 23. Section 54.041, Family Code, is amended by
29-5 amending Subsection (b) and adding Subsection (h) to read as
29-6 follows:
29-7 (b) If a child is found to have engaged in delinquent
29-8 conduct or conduct indicating a need for supervision arising from
29-9 the commission of an offense in which property damage or loss or
29-10 personal injury occurred, the juvenile court, on notice to all
29-11 persons affected and on hearing, may order the child or a parent to
29-12 make full or partial restitution to the victim of the offense. The
29-13 program of restitution must promote the rehabilitation of the
29-14 child, be appropriate to the age and physical, emotional, and
29-15 mental abilities of the child, and not conflict with the child's
29-16 schooling. When practicable and subject to court supervision, the
29-17 court may approve a restitution program based on a settlement
29-18 between the child and the victim of the offense. An order under
29-19 this subsection may provide for periodic payments by the child or a
29-20 parent of the child for the period specified in the order but
29-21 except as provided by Subsection (h), that period may not extend
29-22 past the date of the 18th birthday of the child or past the date
29-23 the child is no longer enrolled in an accredited secondary school
29-24 in a program leading toward a high school diploma, whichever date
29-25 is later.
29-26 (h) If the juvenile court places the child on probation in a
29-27 determinate sentence proceeding initiated under Section 53.045 and
30-1 transfers supervision on the child's 18th birthday to a district
30-2 court for placement on community supervision, the district court
30-3 shall require the payment of any unpaid restitution as a condition
30-4 of the community supervision. The liability of the child's parent
30-5 for restitution may not be extended by transfer to a district court
30-6 for supervision.
30-7 SECTION 24. Section 54.044(a), Family Code, is amended to
30-8 read as follows:
30-9 (a) If the court places a child on probation under Section
30-10 54.04(d), the court shall require as a condition of probation that
30-11 the child work a specified number of hours at a community service
30-12 project approved by the court and designated by the juvenile
30-13 probation department [board] as provided by Subsection (e), unless
30-14 the court determines and enters a finding on the order placing the
30-15 child on probation that:
30-16 (1) the child is physically or mentally incapable of
30-17 participating in the project;
30-18 (2) participating in the project will be a hardship on
30-19 the child or the family of the child; or
30-20 (3) the child has shown good cause that community
30-21 service should not be required.
30-22 SECTION 25. Chapter 54, Family Code, is amended by adding
30-23 Section 54.048 to read as follows:
30-24 Sec. 54.048. RESTITUTION. (a) A juvenile court, in a
30-25 disposition hearing under Section 54.04, may order restitution to
30-26 be made by the child and the child's parents.
30-27 (b) This section applies without regard to whether the
31-1 petition in the case contains a plea for restitution.
31-2 SECTION 26. Sections 54.05(d) and (h), Family Code, are
31-3 amended to read as follows:
31-4 (d) A hearing to modify disposition shall be held on the
31-5 petition of the child and his parent, guardian, guardian ad litem,
31-6 or attorney, or on the petition of the state, a probation officer,
31-7 or the court itself. Reasonable notice of a hearing to modify
31-8 disposition shall be given to all parties. [When the petition to
31-9 modify is filed under Section 51.03(a)(2) of this code, the court
31-10 must hold an adjudication hearing and make an affirmative finding
31-11 prior to considering any written reports under Subsection (e) of
31-12 this section.]
31-13 (h) A hearing shall be held prior to placement in a
31-14 post-adjudication secure correctional facility for a period longer
31-15 than 30 days or commitment to the Texas Youth Commission as a
31-16 modified disposition. In other disposition modifications, the
31-17 child and the child's parent, guardian, guardian ad litem, or
31-18 attorney may waive hearing in accordance with Section 51.09.
31-19 SECTION 27. Section 54.05(j), Family Code, as added by
31-20 Chapter 1448, Acts of the 76th Legislature, Regular Session, 1999,
31-21 is redesignated as Section 54.05(k), Family Code, and amended to
31-22 read as follows:
31-23 (k) [(j)] The court may modify a disposition under
31-24 Subsection (f) that is based on a finding that the child engaged in
31-25 delinquent conduct that violates a penal law of the grade of
31-26 misdemeanor if:
31-27 (1) the child has been adjudicated as having engaged
32-1 in delinquent conduct violating a penal law of the grade of felony
32-2 or misdemeanor on at least two previous occasions; and
32-3 (2) of the previous adjudications, the conduct that
32-4 was the basis for one of the adjudications occurred after the date
32-5 of another previous adjudication.
32-6 SECTION 28. Section 54.11(d), Family Code, is amended to
32-7 read as follows:
32-8 (d) At a hearing under this section the court may consider
32-9 written reports from probation officers, professional court
32-10 employees, [or] professional consultants, or employees of the Texas
32-11 Youth Commission, in addition to the testimony of witnesses. At
32-12 least one day before the hearing, the court shall provide the
32-13 attorney for the person to be transferred or released under
32-14 supervision with access to all written matter to be considered by
32-15 the court.
32-16 SECTION 29. Section 55.41, Family Code, is amended by adding
32-17 Subsection (c) to read as follows:
32-18 (c) On receipt of the court's order, the Texas Department of
32-19 Mental Health and Mental Retardation or the appropriate community
32-20 center shall admit the child to a residential care facility.
32-21 SECTION 30. Subchapter C, Chapter 55, Family Code, is
32-22 amended by adding Section 55.45 to read as follows:
32-23 Sec. 55.45. STANDARDS OF CARE; NOTICE OF RELEASE OR
32-24 FURLOUGH. (a) If the juvenile court or a court to which the
32-25 child's case is referred under Section 55.37(2) orders mental
32-26 health services for the child, the child shall be cared for,
32-27 treated, and released in accordance with Subtitle C, Title 7,
33-1 Health and Safety Code, except that the administrator of a mental
33-2 health facility shall notify, in writing, by certified mail, return
33-3 receipt requested, the juvenile court that ordered mental health
33-4 services or that referred the case to a court that ordered mental
33-5 health services of the intent to discharge the child on or before
33-6 the 10th day before the date of discharge.
33-7 (b) If the juvenile court or a court to which the child's
33-8 case is referred under Section 55.40(2) orders the commitment of
33-9 the child to a residential care facility, the child shall be cared
33-10 for, treated, and released in accordance with Subtitle D, Title 7,
33-11 Health and Safety Code, except that the administrator of the
33-12 residential care facility shall notify, in writing, by certified
33-13 mail, return receipt requested, the juvenile court that ordered
33-14 commitment of the child or that referred the case to a court that
33-15 ordered commitment of the child of the intent to discharge or
33-16 furlough the child on or before the 20th day before the date of
33-17 discharge or furlough.
33-18 SECTION 31. Section 55.60, Family Code, is amended by adding
33-19 Subsection (c) to read as follows:
33-20 (c) On receipt of the court's order, the Texas Department of
33-21 Mental Health and Mental Retardation or the appropriate community
33-22 center shall admit the child to a residential care facility.
33-23 SECTION 32. Section 56.01, Family Code, is amended by adding
33-24 Subsection (o) to read as follows:
33-25 (o) This section does not limit a child's right to obtain a
33-26 writ of habeas corpus.
33-27 SECTION 33. Section 58.002, Family Code, is amended by
34-1 amending Subsections (a) and (b) and adding Subsection (e) to read
34-2 as follows:
34-3 (a) Except as provided by Chapter 63, Code of Criminal
34-4 Procedure [Chapter 79, Human Resources Code], a child may not be
34-5 photographed or fingerprinted without the consent of the juvenile
34-6 court unless the child is taken into custody or referred to the
34-7 juvenile court for conduct that constitutes a felony or a
34-8 misdemeanor punishable by confinement in jail.
34-9 (b) On or before December 31 of each year, the head of each
34-10 municipal or county law enforcement agency located in a county
34-11 shall certify to the juvenile board for that county that the
34-12 photographs and fingerprints required to be destroyed under Section
34-13 58.001 have been destroyed. The juvenile board shall conduct or
34-14 cause to be conducted an audit of the records of the law
34-15 enforcement agency to verify the destruction of the photographs and
34-16 fingerprints and the law enforcement agency shall make its records
34-17 available for this purpose. If the audit shows that the
34-18 certification provided by the head of the law enforcement agency is
34-19 false, that person is subject to prosecution for perjury under
34-20 Chapter 37, Penal Code.
34-21 (e) This section does not prohibit a law enforcement officer
34-22 from fingerprinting or photographing a child as provided by Section
34-23 58.0021.
34-24 SECTION 34. Subchapter A, Chapter 58, Family Code, is
34-25 amended by adding Section 58.0021 to read as follows:
34-26 Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN
34-27 INVESTIGATION. (a) A law enforcement officer may take temporary
35-1 custody of a child to take the child's fingerprints if:
35-2 (1) the officer has probable cause to believe that the
35-3 child has engaged in delinquent conduct;
35-4 (2) the officer has investigated that conduct and has
35-5 found other fingerprints during the investigation; and
35-6 (3) the officer has probable cause to believe that the
35-7 child's fingerprints will match the other fingerprints.
35-8 (b) A law enforcement officer may take temporary custody of
35-9 a child to take the child's photograph if:
35-10 (1) the officer has probable cause to believe that the
35-11 child has engaged in delinquent conduct; and
35-12 (2) the officer has probable cause to believe that the
35-13 child's photograph will be of material assistance in the
35-14 investigation of that conduct.
35-15 (c) Temporary custody for the purpose described by
35-16 Subsection (a) or (b):
35-17 (1) is not a taking into custody under Section 52.01;
35-18 and
35-19 (2) may not be reported to the juvenile justice
35-20 information system under Subchapter B.
35-21 (d) If a law enforcement officer does not take the child
35-22 into custody under Section 52.01, the child shall be released from
35-23 temporary custody authorized under this section as soon as the
35-24 fingerprints or photographs are obtained.
35-25 (e) A law enforcement officer who under this section obtains
35-26 fingerprints or photographs from a child shall:
35-27 (1) immediately destroy them if they do not lead to a
36-1 positive comparison or identification; and
36-2 (2) make a reasonable effort to notify the child's
36-3 parent, guardian, or custodian of the action taken.
36-4 (f) A law enforcement officer may under this section obtain
36-5 fingerprints or photographs from a child at:
36-6 (1) a juvenile processing office; or
36-7 (2) a location that affords reasonable privacy to the
36-8 child.
36-9 SECTION 35. Subchapter A, Chapter 58, Family Code, is
36-10 amended by adding Section 58.0022 to read as follows:
36-11 Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
36-12 RUNAWAYS. A law enforcement officer who takes a child into custody
36-13 with probable cause to believe that the child has engaged in
36-14 conduct indicating a need for supervision as described by Section
36-15 51.03(b)(3) and who after reasonable effort is unable to determine
36-16 the identity of the child, may fingerprint or photograph the child
36-17 to establish the child's identity. On determination of the child's
36-18 identity or that the child cannot be identified by the fingerprints
36-19 or photographs, the law enforcement officer shall immediately
36-20 destroy all copies of the fingerprint records or photographs of the
36-21 child.
36-22 SECTION 36. Section 58.007, Family Code, is amended by adding
36-23 Subsection (i) to read as follows:
36-24 (i) In addition to the authority to release information
36-25 under Subsection (b)(5), a juvenile probation department may
36-26 release information contained in its records without leave of the
36-27 juvenile court pursuant to guidelines adopted by the juvenile
37-1 board.
37-2 SECTION 37. Subchapter A, Chapter 58, Family Code, is amended
37-3 by adding Section 58.0071 to read as follows:
37-4 Sec. 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND
37-5 FILES. (a) In this section:
37-6 (1) "Juvenile case" means:
37-7 (A) a referral for conduct indicating a need for
37-8 supervision or delinquent conduct; or
37-9 (B) if a petition was filed, all charges made in
37-10 the petition.
37-11 (2) "Physical records and files" include entries in a
37-12 computer file or information on microfilm, microfiche, or any other
37-13 electronic storage media.
37-14 (b) The custodian of physical records and files in a
37-15 juvenile case may destroy the records and files if the custodian
37-16 duplicates the information in the records and files in a computer
37-17 file or information on microfilm, microfiche, or any other
37-18 electronic storage media.
37-19 (c) The following persons may authorize, subject to
37-20 Subsections (d) and (e) and any other restriction the person may
37-21 impose, the destruction of the physical records and files relating
37-22 to a closed juvenile case:
37-23 (1) a juvenile board in relation to the records and
37-24 files in the possession of the juvenile probation department;
37-25 (2) the head of a law enforcement agency in relation
37-26 to the records and files in the possession of the agency; and
37-27 (3) a prosecuting attorney in relation to the records
38-1 and files in the possession of the prosecuting attorney's office.
38-2 (d) The physical records and files of a juvenile case may
38-3 only be destroyed if the child who is the respondent in the case:
38-4 (1) is at least 18 years of age and:
38-5 (A) the most serious allegation adjudicated was
38-6 conduct indicating a need for supervision;
38-7 (B) the most serious allegation was conduct
38-8 indicating a need for supervision and there was not an
38-9 adjudication; or
38-10 (C) the referral or information did not relate
38-11 to conduct indicating a need for supervision or delinquent conduct
38-12 and the juvenile court or the court's staff did not take action on
38-13 the referral or information for that reason;
38-14 (2) is at least 21 years of age and:
38-15 (A) the most serious allegation adjudicated was
38-16 delinquent conduct that violated a penal law of the grade of
38-17 misdemeanor; or
38-18 (B) the most serious allegation was delinquent
38-19 conduct that violated a penal law of the grade of misdemeanor or
38-20 felony and there was not an adjudication; or
38-21 (3) is at least 31 years of age and the most serious
38-22 allegation adjudicated was delinquent conduct that violated a penal
38-23 law of the grade of felony.
38-24 (e) If a record or file contains information relating to
38-25 more than one juvenile case, information relating to each case may
38-26 only be destroyed if:
38-27 (1) the destruction of the information is authorized
39-1 under this section; and
39-2 (2) the information can be separated from information
39-3 that is not authorized to be destroyed under this section.
39-4 (f) This section does not affect the destruction of physical
39-5 records and files authorized by the Texas State Library Records
39-6 Retention Schedule.
39-7 SECTION 38. Section 58.101(4), Family Code, is amended to
39-8 read as follows:
39-9 (4) "Incident number" means a unique number assigned
39-10 to a child during a specific custodial or detention period or for a
39-11 specific referral to the office or official designated by the
39-12 juvenile board [court], if the juvenile offender was not taken into
39-13 custody before the referral.
39-14 SECTION 39. Section 58.112, Family Code, is amended to read
39-15 as follows:
39-16 Sec. 58.112. REPORT TO LEGISLATURE. Not later than August
39-17 [January] 15 of each year, the Texas Juvenile Probation Commission
39-18 [Criminal Justice Policy Council] shall submit to the lieutenant
39-19 governor, the speaker of the house of representatives, and the
39-20 governor a report that contains the following statistical
39-21 information relating to children referred to a juvenile court
39-22 during the preceding year:
39-23 (1) the ages, races, and counties of residence of the
39-24 children transferred to a district court or criminal district court
39-25 for criminal proceedings; and
39-26 (2) the ages, races, and counties of residence of the
39-27 children committed to the Texas Youth Commission, placed on
40-1 probation, or discharged without any disposition.
40-2 SECTION 40. Chapter 58, Family Code, is amended by adding
40-3 Subchapter C to read as follows:
40-4 SUBCHAPTER C. AUTOMATIC RESTRICTION OF ACCESS TO RECORDS
40-5 Sec. 58.201. DEFINITION. In this subchapter, "department"
40-6 means the Department of Public Safety of the State of Texas.
40-7 Sec. 58.202. EXEMPTED RECORDS. The following records are
40-8 exempt from this subchapter:
40-9 (1) sex offender registration records maintained by
40-10 the department or a local law enforcement agency under Chapter 62,
40-11 Code of Criminal Procedure; and
40-12 (2) records relating to a criminal combination or
40-13 criminal street gang maintained by the department or a local law
40-14 enforcement agency under Chapter 61, Code of Criminal Procedure.
40-15 Sec. 58.203. CERTIFICATION. The department shall certify to
40-16 the juvenile court or the juvenile probation department to which a
40-17 referral was made that resulted in information being submitted to
40-18 the juvenile justice information system that the records relating
40-19 to a person's juvenile case are subject to automatic restriction of
40-20 access if:
40-21 (1) the person is at least 21 years of age;
40-22 (2) the juvenile case did not include violent or
40-23 habitual felony conduct resulting in proceedings in the juvenile
40-24 court under Section 53.045;
40-25 (3) the juvenile case was not certified for trial in
40-26 criminal court under Section 54.02; and
40-27 (4) the department has not received a report in its
41-1 criminal history system that the person was granted deferred
41-2 adjudication for or convicted of a felony or a misdemeanor
41-3 punishable by confinement in jail for an offense committed after
41-4 the person became 17 years of age.
41-5 Sec. 58.204. RESTRICTED ACCESS ON CERTIFICATION. (a) On
41-6 certification of records in a case under Section 58.203, the
41-7 department, except as provided by Subsection (b):
41-8 (1) may not disclose the existence of the records or
41-9 any information from the records in response to an inquiry from:
41-10 (A) a law enforcement agency;
41-11 (B) a criminal or juvenile justice agency;
41-12 (C) a governmental or other agency given access
41-13 to information under Chapter 411, Government Code; or
41-14 (D) any other person, agency, organization, or
41-15 entity; and
41-16 (2) shall respond to a request for information about
41-17 the records by stating that the records do not exist.
41-18 (b) On certification of records in a case under Section
41-19 58.203, the department may permit access to the information in the
41-20 juvenile justice information system relating to the case of an
41-21 individual only:
41-22 (1) by a criminal justice agency for a criminal
41-23 justice purpose, as those terms are defined by Section 411.082,
41-24 Government Code; or
41-25 (2) for research purposes, by the Texas Juvenile
41-26 Probation Commission, the Texas Youth Commission, or the Criminal
41-27 Justice Policy Council.
42-1 Sec. 58.205. REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION
42-2 ON CERTIFICATION. On certification of records in a case under
42-3 Section 58.203, the department shall request the Federal Bureau of
42-4 Investigation to:
42-5 (1) place the information in its files on restricted
42-6 status, with access only by a criminal justice agency for a
42-7 criminal justice purpose, as those terms are defined by Section
42-8 411.082, Government Code; or
42-9 (2) if the action described in Subdivision (1) is not
42-10 feasible, delete all information in its database concerning the
42-11 case.
42-12 Sec. 58.206. EFFECT OF CERTIFICATION IN RELATION TO THE
42-13 PROTECTED PERSON. (a) On certification of records in a case under
42-14 Section 58.203:
42-15 (1) the person who is the subject of the records is
42-16 not required to state in any proceeding, except as otherwise
42-17 authorized by law in a criminal proceeding in which the person is
42-18 testifying as a defendant, or in any application for employment,
42-19 licensing, or other public or private benefit that the person has
42-20 been a respondent in a case under this title and may not be
42-21 punished, by perjury prosecution or otherwise, for denying:
42-22 (A) the existence of the records; or
42-23 (B) the person's participation in a juvenile
42-24 proceeding related to the records; and
42-25 (2) information from the records may not be admitted
42-26 against the person who is the subject of the records in a civil or
42-27 criminal proceeding except a proceeding in which a juvenile
43-1 adjudication was admitted under:
43-2 (A) Section 12.42, Penal Code;
43-3 (B) Article 37.07, Code of Criminal Procedure;
43-4 or
43-5 (C) as otherwise authorized by criminal
43-6 procedural law.
43-7 (b) A person who is the subject of records certified under
43-8 this subchapter may not waive the restricted status of the records
43-9 or the consequences of the restricted status.
43-10 Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. (a) On
43-11 certification of records in a case under Section 58.203, the
43-12 juvenile court shall order:
43-13 (1) that the following records relating to the case
43-14 may be accessed only as provided by Section 58.204(b):
43-15 (A) if the respondent was committed to the Texas
43-16 Youth Commission, records maintained by the commission;
43-17 (B) records maintained by the juvenile probation
43-18 department and by any agency that provided care or custody of the
43-19 child under order or arrangement of the juvenile court;
43-20 (C) records maintained by the clerk of the
43-21 court;
43-22 (D) records maintained by the prosecutor's
43-23 office; and
43-24 (E) records maintained by a law enforcement
43-25 agency; and
43-26 (2) the juvenile probation department to make a
43-27 reasonable effort to notify the person who is the subject of
44-1 records for which access has been restricted of the action
44-2 restricting access and the legal significance of the action for the
44-3 person.
44-4 (b) On receipt of an order under Subsection (a)(1), the
44-5 agency maintaining the records:
44-6 (1) may allow access only as provided by Section
44-7 58.204(b); and
44-8 (2) shall respond to a request for information about
44-9 the records by stating that the records do not exist.
44-10 Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the final
44-11 discharge of a child from the juvenile system or on the last
44-12 official action in the case, if there is no adjudication, the
44-13 appropriate juvenile justice official shall provide to the child:
44-14 (1) a written explanation of how automatic restricted
44-15 access under this subchapter works; and
44-16 (2) a copy of this subchapter.
44-17 Sec. 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR
44-18 TEXAS YOUTH COMMISSION. (a) When a child is placed on probation
44-19 for an offense that may be eligible for automatic restricted access
44-20 at age 21 or when a child is received by the Texas Youth Commission
44-21 on an indeterminate commitment, a probation officer or an official
44-22 at the Texas Youth Commission reception center, as soon as
44-23 practicable, shall explain the substance of the following
44-24 information to the child:
44-25 (1) if the child was adjudicated as having committed
44-26 delinquent conduct for a felony or jailable misdemeanor, that the
44-27 child probably has a juvenile record with the department and the
45-1 Federal Bureau of Investigation;
45-2 (2) that the child's juvenile record is a permanent
45-3 record that is not destroyed or erased unless the record is
45-4 eligible for sealing and the child or the child's family hires a
45-5 lawyer and files a petition in court to have the record sealed;
45-6 (3) that the child's juvenile record, other than
45-7 treatment records made confidential by law, can be accessed by
45-8 police, sheriff's officers, prosecutors, probation officers,
45-9 correctional officers, and other criminal and juvenile justice
45-10 officials in this state and elsewhere;
45-11 (4) that the child's juvenile record, other than
45-12 treatment records made confidential by law, can be accessed by
45-13 employers, educational institutions, licensing agencies, and other
45-14 organizations when the child applies for employment or educational
45-15 programs;
45-16 (5) if the child's juvenile record is placed on
45-17 restricted access when the child becomes 21 years of age, that
45-18 access will be denied to employers, educational institutions, and
45-19 others except for criminal justice agencies;
45-20 (6) that to have the child's juvenile record placed on
45-21 restricted access at age 21, the child must not:
45-22 (A) commit a felony or jailable misdemeanor; and
45-23 (B) receive deferred adjudication for or be
45-24 convicted in adult court of a felony or jailable misdemeanor; and
45-25 (7) that restricted access does not require any action
45-26 by the child or the child's family, including the filing of a
45-27 petition or hiring of a lawyer, but occurs automatically at age 21
46-1 if the child does not commit a criminal offense in the future.
46-2 (b) The probation officer or Texas Youth Commission official
46-3 shall:
46-4 (1) give the child a written copy of the explanation
46-5 provided; and
46-6 (2) communicate the same information to at least one
46-7 of the child's parents or, if none can be found, to the child's
46-8 guardian or custodian.
46-9 (c) The Texas Juvenile Probation Commission and the Texas
46-10 Youth Commission shall adopt rules to implement this section and to
46-11 facilitate the effective explanation of the information required to
46-12 be communicated by this section.
46-13 Sec. 58.210. SEALING OR DESTRUCTION OF RECORDS NOT AFFECTED.
46-14 (a) This subchapter does not prevent or restrict the sealing or
46-15 destruction of juvenile records as authorized by law.
46-16 (b) Restricted access provided under this subchapter is in
46-17 addition to sealing or destruction of juvenile records.
46-18 (c) A person who is the subject of records certified under
46-19 this subchapter is entitled to access to the records for the
46-20 purpose of preparing and presenting a motion to seal or destroy the
46-21 records.
46-22 SECTION 41. Sections 59.003(a), (c), and (e), Family Code,
46-23 are amended to read as follows:
46-24 (a) Subject to Subsection (e), after a child's first
46-25 commission of delinquent conduct or conduct indicating a need for
46-26 supervision, the probation department or prosecuting attorney may,
46-27 or the juvenile court may, in a disposition hearing under Section
47-1 54.04 or a modification hearing under Section 54.05, assign a child
47-2 one of the following sanction levels according to the child's
47-3 conduct:
47-4 (1) for conduct indicating a need for supervision,
47-5 other than conduct described in Section 51.03(b)(5) or a Class A or
47-6 B misdemeanor, the sanction level is one;
47-7 (2) for conduct indicating a need for supervision
47-8 under Section 51.03(b)(5) or a Class A or B misdemeanor, other than
47-9 a misdemeanor involving the use or possession of a firearm, or for
47-10 delinquent conduct under Section 51.03(a)(2) [or (3)], the sanction
47-11 level is two;
47-12 (3) for a misdemeanor involving the use or possession
47-13 of a firearm or for a state jail felony or a felony of the third
47-14 degree, the sanction level is three;
47-15 (4) for a felony of the second degree, the sanction
47-16 level is four;
47-17 (5) for a felony of the first degree, other than a
47-18 felony involving the use of a deadly weapon or causing serious
47-19 bodily injury, the sanction level is five;
47-20 (6) for a felony of the first degree involving the use
47-21 of a deadly weapon or causing serious bodily injury, for an
47-22 aggravated controlled substance felony, or for a capital felony,
47-23 the sanction level is six; or
47-24 (7) for a felony of the first degree involving the use
47-25 of a deadly weapon or causing serious bodily injury, for an
47-26 aggravated controlled substance felony, or for a capital felony, if
47-27 the petition has been approved by a grand jury under Section
48-1 53.045, or if a petition to transfer the child to criminal court
48-2 has been filed under Section 54.02, the sanction level is seven.
48-3 (c) Subject to Subsection (e), if the child's subsequent
48-4 commission of delinquent conduct or conduct indicating a need for
48-5 supervision involves a violation of a penal law of a classification
48-6 that is the same as or greater than the classification of the
48-7 child's previous conduct, the juvenile court may assign the child a
48-8 sanction level authorized by law that is one level higher than the
48-9 previously assigned sanction level[, unless:]
48-10 [(1) the child's previously assigned sanction level is
48-11 five and the child has not been adjudicated for delinquent conduct;]
48-12 [(2) the child's previously assigned sanction level is
48-13 six, unless the subsequent violation is of a provision listed under
48-14 Section 53.045(a) and the petition has been approved by a grand
48-15 jury under Section 53.045; or]
48-16 [(3) the child's previously assigned sanction level is
48-17 seven].
48-18 (e) Except as otherwise provided by this subsection, a [A]
48-19 juvenile court or probation department that deviates from the
48-20 guidelines under this section shall state in writing its reasons
48-21 for the deviation and submit the statement to the juvenile board
48-22 regardless of whether a progressive sanctions program has been
48-23 adopted by the juvenile board. Nothing in this chapter prohibits
48-24 the imposition of appropriate sanctions that are different from
48-25 those provided at any sanction level. A juvenile court that makes
48-26 a disposition required by this title that deviates from the
48-27 guidelines under this section is not required to report the
49-1 disposition as a deviation.
49-2 SECTION 42. Section 59.007(a), Family Code, is amended to
49-3 read as follows:
49-4 (a) For a child at sanction level four, the juvenile court
49-5 may:
49-6 (1) require the child to participate as a condition of
49-7 probation for not less than three months or more than 12 months in
49-8 an [a highly] intensive services probation [and regimented] program
49-9 that emphasizes frequent contact and reporting with a probation
49-10 officer, discipline, intensive supervision services [physical
49-11 fitness], social responsibility, and productive work;
49-12 (2) after release from the program described by
49-13 Subdivision (1), continue the child on probation supervision for
49-14 not less than six months or more than 12 months;
49-15 (3) require the child to make restitution to the
49-16 victim of the child's conduct or perform community service
49-17 restitution appropriate to the nature and degree of harm caused and
49-18 according to the child's ability;
49-19 (4) impose highly structured restrictions on the
49-20 child's activities and requirements for behavior of the child as
49-21 conditions of probation;
49-22 (5) require a probation officer to closely monitor the
49-23 child;
49-24 (6) require the child or the child's parents or
49-25 guardians to participate in programs or services designed to
49-26 address their particular needs and circumstances; and
49-27 (7) if appropriate, impose additional sanctions.
50-1 SECTION 43. Section 59.011, Family Code, is amended to read
50-2 as follows:
50-3 Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
50-4 require the juvenile probation department to [prepare a] report
50-5 progressive sanction data electronically to the Texas Juvenile
50-6 Probation Commission in the format and time frames specified by the
50-7 commission [, at least quarterly on forms provided by the
50-8 commission, showing the referrals, probation or progressive
50-9 sanctions violations, and commitments to the Texas Youth Commission
50-10 administered under this chapter according to the progressive
50-11 sanctions guidelines and the reasons for any deviations from the
50-12 guidelines].
50-13 SECTION 44. Section 59.012, Family Code, is amended to read
50-14 as follows:
50-15 Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
50-16 (a) [The Texas Youth Commission shall compile information, at
50-17 least quarterly, showing the commitments, placements, parole
50-18 releases, and revocations administered under this chapter according
50-19 to the progressive sanctions guidelines and the reasons for any
50-20 deviation from the guidelines.]
50-21 [(b) The Texas Juvenile Probation Commission and the Texas
50-22 Youth Commission shall compile the information obtained under this
50-23 section and Section 59.011 and submit this information to the
50-24 Criminal Justice Policy Council.]
50-25 [(c)] The Criminal Justice Policy Council shall analyze
50-26 trends related to juvenile referrals, compliance with the
50-27 progressive sanctions guidelines, and the impact of the guidelines
51-1 and related reforms on recidivism rates using standard scientific
51-2 sampling or appropriate scientific methodologies to represent
51-3 statewide patterns. The council shall compile other policy studies
51-4 as determined by the executive director of the council or as
51-5 requested by the governor, lieutenant governor, or speaker of the
51-6 house of representatives to assist in policy development.
51-7 (b) The Criminal Justice Policy Council shall report its
51-8 findings and related recommendations to improve juvenile justice
51-9 policies to the governor and the members of the legislature on or
51-10 before January 15 of each odd-numbered year.
51-11 (c) The Criminal Justice Policy Council may incorporate its
51-12 findings and recommendations under this section into its report
51-13 required under Section 413.013, Government Code [the information
51-14 compiled by the Texas Juvenile Probation Commission and the Texas
51-15 Youth Commission under this section and submit the council's
51-16 findings and recommendations at least annually to the governor and
51-17 both houses of the legislature showing the primary reasons for any
51-18 deviation and the effect of the implementation of the sanctions
51-19 guidelines on recidivism rates].
51-20 SECTION 45. Section 261.103(a), Family Code, is amended to
51-21 read as follows:
51-22 (a) Except as provided by Subsection (b) and Section
51-23 261.405, a report shall be made to:
51-24 (1) any local or state law enforcement agency;
51-25 (2) the department if the alleged or suspected abuse
51-26 involves a person responsible for the care, custody, or welfare of
51-27 the child;
52-1 (3) the state agency that operates, licenses,
52-2 certifies, or registers the facility in which the alleged abuse or
52-3 neglect occurred; or
52-4 (4) the agency designated by the court to be
52-5 responsible for the protection of children.
52-6 SECTION 46. Section 261.405, Family Code, is amended to read
52-7 as follows:
52-8 Sec. 261.405. INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS
52-9 AND FACILITIES. (a) In this section:
52-10 (1) "Juvenile justice facility" means a facility
52-11 operated wholly or partly by the juvenile board or by a private
52-12 vendor under a contract with the juvenile board or county that
52-13 serves juveniles under juvenile court jurisdiction. The term
52-14 includes:
52-15 (A) a public or private juvenile
52-16 pre-adjudication secure detention facility, including a holdover
52-17 facility;
52-18 (B) a public or private juvenile
52-19 post-adjudication secure correctional facility except for a
52-20 facility operated solely for children committed to the Texas Youth
52-21 Commission; and
52-22 (C) a public or private non-secure juvenile
52-23 post-adjudication residential treatment facility that is not
52-24 licensed by the Department of Protective and Regulatory Services or
52-25 the Texas Commission on Alcohol and Drug Abuse.
52-26 (2) "Juvenile justice program" means a program
52-27 operated wholly or partly by the juvenile board or by a private
53-1 vendor under a contract with a juvenile board that serves juveniles
53-2 under juvenile court jurisdiction. The term includes:
53-3 (A) a juvenile justice alternative education
53-4 program; and
53-5 (B) a non-residential program that serves
53-6 juvenile offenders under the jurisdiction of the juvenile court.
53-7 (b) A report of alleged abuse or neglect in any [a public or
53-8 private] juvenile justice program or [pre-adjudication secure
53-9 detention] facility[, including hold-over facilities, or public or
53-10 private juvenile post-adjudication secure correctional facility,
53-11 except for a facility operated solely for children committed to the
53-12 Texas Youth Commission,] shall be made to the Texas Juvenile
53-13 Probation Commission and a local law enforcement agency for
53-14 investigation. [The local law enforcement agency shall immediately
53-15 notify the Texas Juvenile Probation Commission of any report the
53-16 agency receives.]
53-17 (c) [(b)] The Texas Juvenile Probation Commission shall
53-18 conduct an investigation as provided by this chapter if the
53-19 commission receives a report of alleged abuse or neglect in any
53-20 juvenile justice program or facility[, including a juvenile justice
53-21 alternative education program, operated wholly or partly by:]
53-22 [(1) a local juvenile probation department; or]
53-23 [(2) a private vendor operating under the authority of
53-24 a county juvenile board in accordance with the standards adopted by
53-25 the commission].
53-26 (d) [(c)] In an investigation required under this section,
53-27 the investigating agency shall have access to medical and mental
54-1 health records as provided by Subchapter D.
54-2 SECTION 47. Subsections (a) and (g), Article 15.27, Code of
54-3 Criminal Procedure, are amended to read as follows:
54-4 (a) A law enforcement agency that arrests any person or
54-5 refers a child to the office or official designated by the juvenile
54-6 board [court] who the agency believes is enrolled as a student in a
54-7 public primary or secondary school, for an offense listed in
54-8 Subsection (h), shall attempt to ascertain whether the person is so
54-9 enrolled. If the law enforcement agency ascertains that the
54-10 individual is enrolled as a student in a public primary or
54-11 secondary school, the agency shall orally notify the superintendent
54-12 or a person designated by the superintendent in the school district
54-13 in which the student is enrolled of that arrest or referral within
54-14 24 hours after the arrest or referral is made, or on the next
54-15 school day. If the law enforcement agency cannot ascertain whether
54-16 the individual is enrolled as a student, the agency shall orally
54-17 notify the superintendent or a person designated by the
54-18 superintendent in the school district in which the student is
54-19 believed to be enrolled of that arrest or detention within 24 hours
54-20 after the arrest or detention, or on the next school day. If the
54-21 individual is a student, the superintendent shall promptly notify
54-22 all instructional and support personnel who have responsibility for
54-23 supervision of the student. All personnel shall keep the
54-24 information received in this subsection confidential. The State
54-25 Board for Educator Certification may revoke or suspend the
54-26 certification of personnel who intentionally violate this
54-27 subsection. Within seven days after the date the oral notice is
55-1 given, the law enforcement agency shall mail written notification,
55-2 marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
55-3 superintendent or the person designated by the superintendent. Both
55-4 the oral and written notice shall contain sufficient details of the
55-5 arrest or referral and the acts allegedly committed by the student
55-6 to enable the superintendent or the superintendent's designee to
55-7 determine whether there is a reasonable belief that the student has
55-8 engaged in conduct defined as a felony offense by the Penal Code.
55-9 The information contained in the notice may be considered by the
55-10 superintendent or the superintendent's designee in making such a
55-11 determination.
55-12 (g) The office of the prosecuting attorney or the office or
55-13 official designated by the juvenile board [court] shall, within two
55-14 working days, notify the school district that removed a student to
55-15 an alternative education program under Section 37.006, Education
55-16 Code, if:
55-17 (1) prosecution of the student's case was refused for
55-18 lack of prosecutorial merit or insufficient evidence and no formal
55-19 proceedings, deferred adjudication, or deferred prosecution will be
55-20 initiated; or
55-21 (2) the court or jury found the student not guilty or
55-22 made a finding the child did not engage in delinquent conduct or
55-23 conduct indicating a need for supervision and the case was
55-24 dismissed with prejudice.
55-25 SECTION 48. Article 15.27(h), Code of Criminal Procedure, as
55-26 amended by Chapters 1015 and 1233, Acts of the 75th Legislature,
55-27 Regular Session, 1997, is reenacted and amended to read as follows:
56-1 (h) This article applies to any felony offense and the
56-2 following misdemeanors:
56-3 (1) an offense under Section [19.02, 19.03, 19.04,
56-4 19.05,] 20.02, [20.03, 20.04,] 21.08, [21.11,] 22.01, [22.011,
56-5 22.02, 22.021, 22.04,] 22.05, 22.07, [28.02, 29.02, 29.03, 30.02,]
56-6 or 71.02, Penal Code;
56-7 (2) the unlawful use, sale, or possession of a
56-8 controlled substance, drug paraphernalia, or marihuana, as defined
56-9 by Chapter 481, Health and Safety Code; or
56-10 (3) the unlawful possession of any of the weapons or
56-11 devices listed in Sections 46.01(1)-(14) or (16), Penal Code,[;] or
56-12 a weapon listed as a prohibited weapon under Section 46.05, Penal
56-13 Code[; or]
56-14 [(4) a felony offense in which a deadly weapon, as
56-15 defined by Section 1.07, Penal Code, was used or exhibited].
56-16 SECTION 49. Subchapter B, Chapter 45, Code of Criminal
56-17 Procedure, is amended by adding Article 45.0216 to read as follows:
56-18 Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS OF
56-19 CHILDREN. (a) In this article, "child" has the meaning assigned by
56-20 Section 51.02, Family Code.
56-21 (b) A person convicted of not more than one offense
56-22 described by Section 8.07(a)(4) or (5), Penal Code, while the
56-23 person was a child may, on or after the person's 17th birthday,
56-24 apply to the court in which the child was convicted to have the
56-25 conviction expunged as provided by this article.
56-26 (c) The person must make a written request to have the
56-27 records expunged. The request is not required to be under oath.
57-1 (d) The request must contain the person's statement that the
57-2 person was not convicted while the person was a child of any
57-3 offense described by Section 8.07(a)(4) or (5), Penal Code, other
57-4 than the offense the person seeks to have expunged.
57-5 (e) The judge shall inform the person and any parent in open
57-6 court of the person's expunction rights and provide them with a
57-7 copy of this article.
57-8 (f) If the court finds that the person was not convicted of
57-9 any other offense described by Section 8.07(a)(4) or (5), Penal
57-10 Code, while the person was a child, the court shall order the
57-11 conviction, together with all complaints, verdicts, sentences, and
57-12 prosecutorial and law enforcement records, and any other documents
57-13 relating to the offense, expunged from the person's record. After
57-14 entry of the order, the person is released from all disabilities
57-15 resulting from the conviction and the conviction may not be shown
57-16 or made known for any purpose.
57-17 (g) This article does not apply to any offense otherwise
57-18 covered by:
57-19 (1) Chapter 106, Alcoholic Beverage Code;
57-20 (2) Chapter 161, Health and Safety Code; or
57-21 (3) Section 25.094, Education Code.
57-22 (h) Records of a person under 17 years of age relating to a
57-23 complaint dismissed as provided by Article 45.051 or 45.052 may be
57-24 expunged under this article.
57-25 (i) The justice or municipal court may not require a person
57-26 who requests expungement under this article to pay any fee or court
57-27 costs.
58-1 (j) The procedures for expunction provided under this
58-2 article are separate and distinct from the expunction procedures
58-3 under Chapter 55.
58-4 SECTION 50. Article 45.050(b), Code of Criminal Procedure, is
58-5 amended to read as follows:
58-6 (b) If a person who is a child under Section 51.02, Family
58-7 Code, fails to obey an order of a justice or municipal court under
58-8 circumstances that would constitute contempt of court, the justice
58-9 or municipal court has jurisdiction to:
58-10 (1) hold the child in contempt of the justice or
58-11 municipal court order as provided by Section 54.023 [52.027(h)],
58-12 Family Code; or
58-13 (2) refer the child to the appropriate juvenile court
58-14 for delinquent conduct for contempt of the justice or municipal
58-15 court order.
58-16 SECTION 51. Subchapter B, Chapter 45, Code of Criminal
58-17 Procedure, is amended by adding Article 45.054 to read as follows:
58-18 Art. 45.054. AUTHORITY TO EMPLOY CASE MANAGERS FOR JUVENILE
58-19 CASES. (a) A justice or municipal court, with the written consent
58-20 of the city council or the commissioners court, as appropriate, may
58-21 employ a case manager to provide services in cases before the court
58-22 dealing with juvenile offenders consistent with the court's
58-23 statutory powers.
58-24 (b) One or more justice or municipal courts, with the
58-25 written consent of the city council or the commissioners court, as
58-26 appropriate, may agree under Chapter 791, Government Code, to
58-27 jointly employ a case manager.
59-1 SECTION 52. Article 62.12(a), Code of Criminal Procedure, is
59-2 amended to read as follows:
59-3 (a) The duty to register for a person with a reportable
59-4 conviction [or adjudication] for a sexually violent offense or for
59-5 an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal Code,
59-6 ends when the person dies. This subsection does not apply to an
59-7 adjudication by a juvenile court under Title 3, Family Code.
59-8 SECTION 53. Chapter 62, Code of Criminal Procedure, is
59-9 amended by adding Article 62.13 to read as follows:
59-10 Art. 62.13. HEARING TO DETERMINE NEED FOR REGISTRATION OF A
59-11 JUVENILE. (a) A person who has an adjudication of delinquent
59-12 conduct that would otherwise be reportable under Article 62.01(5)
59-13 does not have a reportable adjudication of delinquent conduct for
59-14 purposes of this chapter if the juvenile court enters an order
59-15 under this article excusing compliance by the person with the
59-16 registration requirements of this chapter.
59-17 (b) After disposition of a case under Section 54.04, Family
59-18 Code, for adjudication of an offense for which registration is
59-19 required under this chapter, the juvenile court on motion of the
59-20 respondent shall conduct a hearing to determine whether the
59-21 interests of the public require registration under this chapter.
59-22 (c) The hearing is without a jury and the burden of
59-23 persuasion is on the respondent to show by a preponderance of
59-24 evidence that the criteria of Subsection (e) have been met. The
59-25 court at the hearing may make its determination based on:
59-26 (1) the receipt of exhibits;
59-27 (2) the testimony of witnesses;
60-1 (3) representations of counsel for the parties; or
60-2 (4) the contents of a social history report prepared
60-3 by the juvenile probation department that may include the results
60-4 of testing and examination of the respondent by a psychologist,
60-5 psychiatrist, or counselor.
60-6 (d) All written matter considered by the court shall be
60-7 disclosed to all parties as provided by Section 54.04(b), Family
60-8 Code.
60-9 (e) The court shall enter an order excusing compliance with
60-10 the registration requirements of this chapter if the court
60-11 determines:
60-12 (1) that the protection of the public would not be
60-13 increased by registration of the respondent under this chapter; or
60-14 (2) that any potential increase in protection of the
60-15 public resulting from registration is clearly outweighed by the
60-16 anticipated substantial harm to the respondent and the respondent's
60-17 family that would result from registration under this chapter.
60-18 (f) The prosecuting attorney may waive the state's right to
60-19 a hearing under this article and agree that registration under this
60-20 chapter is not required. If the waiver is entered under a plea
60-21 agreement, the court shall without a hearing enter an order
60-22 excusing compliance with the registration requirements of this
60-23 chapter or, under Section 54.03(j), Family Code, inform the
60-24 respondent that the court believes a hearing under this article is
60-25 required and give the respondent the opportunity to withdraw the
60-26 respondent's plea of guilty, nolo contendere, or true or to affirm
60-27 the respondent's plea and participate in the hearing. If the
61-1 waiver is entered other than under a plea agreement, the court
61-2 shall without a hearing enter an order excusing compliance with the
61-3 registration requirements of this chapter. The waiver must state
61-4 whether or not it is entered under a plea agreement. The
61-5 respondent may as part of a plea agreement promise not to file a
61-6 motion seeking an order excusing registration, in which case the
61-7 court may not recognize the motion.
61-8 (g) Notwithstanding Section 56.01, Family Code, on entry by
61-9 a juvenile court of an order under Subsection (e) excusing
61-10 registration under this chapter, the prosecuting attorney may
61-11 appeal that order by giving notice of appeal within the time
61-12 required under Rule 26.2(b), Texas Rules of Appellate Procedure.
61-13 The appeal is civil and the standard of review in the appellate
61-14 court is whether the juvenile court committed procedural error or
61-15 abused its discretion in excusing compliance with registration.
61-16 The appeal is limited to review of the order excusing compliance
61-17 with registration and may not include any other issues in the case.
61-18 (h) The respondent may under Section 56.01, Family Code,
61-19 appeal the juvenile court's order requiring registration in the
61-20 same manner as the appeal of any other legal issue in the case.
61-21 The standard of review in the appellate court is whether the
61-22 juvenile court committed procedural error or abused its discretion
61-23 in not excusing compliance with registration.
61-24 (i) If the juvenile court enters an order excusing
61-25 registration, the respondent may not be required to register in
61-26 this or any other state for the offense for which registration was
61-27 excused.
62-1 (j) After a hearing under Subsection (b) or under a plea
62-2 agreement under Subsection (f), the juvenile court may enter an
62-3 order deferring decision on requiring registration until the
62-4 respondent has completed a sex offender treatment program as a
62-5 condition of probation or while committed to the Texas Youth
62-6 Commission. The court retains discretion to require or to excuse
62-7 registration at any time during the treatment program or on its
62-8 successful or unsuccessful completion. During the period of
62-9 deferral, registration may not be required.
62-10 (k) After a hearing under Subsection (b) or under a plea
62-11 agreement under Subsection (f), the juvenile court may enter an
62-12 order requiring the respondent to register as a sex offender but
62-13 provide that the registration information is not public information
62-14 and is restricted to use by law enforcement and criminal justice
62-15 agencies. Information obtained under this subsection may not be
62-16 posted on the Internet or released to the public.
62-17 (l) A person who has registered as a sex offender for an
62-18 adjudication of delinquent conduct, regardless of when the
62-19 delinquent conduct or the adjudication for the conduct occurred,
62-20 may file a motion in the adjudicating juvenile court for a hearing
62-21 seeking excusal from registration as provided by Subsection (e) or
62-22 seeking under Subsection (k) an order that the registration become
62-23 nonpublic.
62-24 (m) The person may file a motion under Subsection (l) in the
62-25 original juvenile case regardless of whether the person is at the
62-26 time of filing 18 years of age or older. Notice of the motion
62-27 shall be provided to the prosecuting attorney. A hearing on the
63-1 motion shall be provided as in other cases under this article.
63-2 (n) A motion may be filed under Subsection (l) only if a
63-3 previous motion under this article has not been filed concerning
63-4 that case.
63-5 (o) To the extent feasible, the motion under Subsection (l)
63-6 shall identify those public and private agencies and organizations
63-7 that possess sex offender registration information about the case.
63-8 (p) The juvenile court, after a hearing, may:
63-9 (1) deny the motion;
63-10 (2) grant the motion to excuse all registration; or
63-11 (3) grant the motion to change the registration from
63-12 public to nonpublic.
63-13 (q) If the court grants the motion, a copy of the court's
63-14 order shall be sent to each public and private agency or
63-15 organization that the court determines may be in possession of sex
63-16 offender registration information. The order shall require the
63-17 recipient to conform its records to the court's orders either by
63-18 deleting the information or changing its status to nonpublic, as
63-19 the order requires.
63-20 (r) A private agency or organization that possesses sex
63-21 offender registration information it obtained from a state, county,
63-22 or local governmental entity is required to conform its records to
63-23 the court's order on or before the 30th day after the date of its
63-24 entry. Failure to comply in that period automatically bars the
63-25 agency or organization from obtaining sex offender registration
63-26 information from any state, county, or local governmental entity in
63-27 this state in the future.
64-1 SECTION 54. Section 25.094(d), Education Code, is amended to
64-2 read as follows:
64-3 (d) If the justice or municipal court believes [finds] that
64-4 a child has violated an order issued under Subsection (c), the
64-5 court may proceed as authorized by Section 54.023, Family Code, by
64-6 holding [shall transfer the complaint against] the child in
64-7 contempt and imposing a fine not to exceed $500 or by referring[,
64-8 together with all pleadings and orders, to a juvenile court for the
64-9 county in which] the child to [resides. The] juvenile court for
64-10 delinquent [shall] conduct [an adjudication hearing as provided by
64-11 Section 54.03, Family Code. The adjudication hearing shall be de
64-12 novo].
64-13 SECTION 55. Subchapter F, Chapter 411, Government Code, is
64-14 amended by adding Sections 411.137 and 411.138 to read as follows:
64-15 Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
64-16 TEXAS JUVENILE PROBATION COMMISSION. The Texas Juvenile Probation
64-17 Commission is entitled to obtain from the department criminal
64-18 history record information maintained by the department that
64-19 relates to a person who is:
64-20 (1) an applicant for a position with the commission;
64-21 (2) an applicant for certification from the
64-22 commission; or
64-23 (3) a holder of a certification from the commission.
64-24 Sec. 411.138. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
64-25 JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT. A juvenile board
64-26 or juvenile probation department is entitled to obtain from the
64-27 department criminal history record information maintained by the
65-1 department that relates to a person who is:
65-2 (1) an applicant for a position with the juvenile
65-3 probation department;
65-4 (2) an employee for whom the juvenile board or
65-5 juvenile probation department will seek certification from the
65-6 Texas Juvenile Probation Commission; or
65-7 (3) an employee or department applicant who currently
65-8 holds certification from the Texas Juvenile Probation Commission.
65-9 SECTION 56. Section 499.053, Government Code, is amended by
65-10 adding Subsection (d) to read as follows:
65-11 (d) A person transferred from the Texas Youth Commission for
65-12 the offense of capital murder shall become eligible for parole as
65-13 provided in Section 508.145(d) for an offense listed in Section 3g,
65-14 Article 42.12, Code of Criminal Procedure, or an offense for which
65-15 a deadly weapon finding has been made.
65-16 SECTION 57. Section 141.042(e), Human Resources Code, is
65-17 amended to read as follows:
65-18 (e) Juvenile probation departments shall use the mental
65-19 health screening instrument selected [standard assessment tool
65-20 developed] by the commission [or a similar tool developed by a
65-21 juvenile probation department and approved by the commission] for
65-22 the initial screening [assessment] of children under the
65-23 jurisdiction of probation departments who have been formally
65-24 referred to the department. The commission shall give priority to
65-25 training in the use of this instrument [tool] in any preservice or
65-26 in-service training that the commission provides for probation
65-27 officers. Juvenile probation departments shall report data [the
66-1 information relating to the results] from the use of the screening
66-2 instrument [standard assessment tool or other similar tool] to the
66-3 commission in a format and in the time [manner] prescribed by the
66-4 commission. [The assessment tool shall:]
66-5 [(1) facilitate assessment of a child's mental health,
66-6 family background, and level of education; and]
66-7 [(2) assist juvenile probation departments in
66-8 determining when a child in the department's jurisdiction is in
66-9 need of comprehensive psychological or other evaluation.]
66-10 SECTION 58. Section 141.0471(c), Human Resources Code, is
66-11 amended to read as follows:
66-12 (c) The governing board of each [Each] agency shall [by
66-13 rule] adopt the coordinated strategic plan on or before December
66-14 1st of each odd-numbered year, or before the adoption of the
66-15 agency's individual strategic plan, whichever is earlier.
66-16 SECTION 59. Section 141.061, Human Resources Code, is amended
66-17 by adding Subsection (f) to read as follows:
66-18 (f) The commission may waive the degree accreditation
66-19 requirement in Subsection (a)(2) if the applicant possesses a
66-20 foreign or other degree that the commission determines is the
66-21 substantial equivalent of a bachelor's degree. The commission
66-22 shall adopt rules defining the procedures to be used to request a
66-23 waiver of the accreditation requirement in Subsection (a)(2).
66-24 SECTION 60. Section 141.065, Human Resources Code, is amended
66-25 to read as follows:
66-26 Sec. 141.065. PERSONS WHO MAY NOT ACT AS JUVENILE PROBATION,
66-27 DETENTION, OR CORRECTIONS OFFICERS. A peace officer, prosecuting
67-1 attorney, or other person who is employed by or who reports
67-2 directly to a law enforcement or prosecution official may not act
67-3 as a juvenile probation, detention, or corrections officer or be
67-4 made responsible for supervising a juvenile on probation.
67-5 SECTION 61. Section 141.066, Human Resources Code, is amended
67-6 to read as follows:
67-7 Sec. 141.066. PROHIBITION ON CARRYING FIREARM. (a) A
67-8 juvenile probation, detention, or corrections officer may not carry
67-9 a firearm in the course of the person's official duties.
67-10 (b) This section does not apply to an employee of the Texas
67-11 Youth Commission.
67-12 SECTION 62. Chapter 142, Human Resources Code, is amended by
67-13 adding Section 142.005 to read as follows:
67-14 Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM
67-15 LIABILITY. (a) On the adoption of policies concerning the
67-16 administration of medication to juveniles by authorized employees,
67-17 the juvenile board and any authorized employee of a program or
67-18 facility operated by the juvenile board are not liable for damages
67-19 arising from the administration of medication to a juvenile if:
67-20 (1) the program or facility administrator has received
67-21 a written request to administer the medication from the parent,
67-22 legal guardian, or other person having legal control over the
67-23 juvenile; and
67-24 (2) when administering prescription medication, the
67-25 medication appears to be in the original container and to be
67-26 properly labeled.
67-27 (b) This section does not apply to:
68-1 (1) damages arising from the administration of
68-2 medication that is not in accordance with the prescription issued
68-3 by a medical practitioner; or
68-4 (2) an act or omission of a person administering
68-5 medication if the act or omission is:
68-6 (A) reckless or intentional;
68-7 (B) done wilfully, wantonly, or with gross
68-8 negligence; or
68-9 (C) done with conscious indifference or reckless
68-10 disregard for the safety of others.
68-11 SECTION 63. Section 152.0007(a), Human Resources Code, is
68-12 amended to read as follows:
68-13 (a) The juvenile board shall:
68-14 (1) establish a juvenile probation department and
68-15 employ [personnel to conduct probation services, including] a chief
68-16 probation officer [and, if more than one officer is necessary,
68-17 assistant officers,] who meets [meet] the standards set by the
68-18 Texas Juvenile Probation Commission; and
68-19 (2) adopt a budget and establish policies, including
68-20 financial policies, for [operate or supervise] juvenile services
68-21 within the jurisdiction of the board [in the county and make
68-22 recommendations as to the need for and purchase of services].
68-23 SECTION 64. Section 152.0008(a), Human Resources Code, is
68-24 amended to read as follows:
68-25 (a) The chief juvenile probation officer may, within the
68-26 budget adopted by the board, employ:
68-27 (1) assistant officers who meet the standards set by
69-1 the Texas Juvenile Probation Commission; and
69-2 (2) other [appoint] necessary personnel [with the
69-3 approval of the board].
69-4 SECTION 65. Sections 152.0010(a) and (b), Human Resources
69-5 Code, are amended to read as follows:
69-6 (a) A [Each] juvenile board may [shall] appoint an advisory
69-7 council consisting of the number of [not more than nine] citizen
69-8 members determined appropriate by the board. To the extent
69-9 available in the county, the advisory council may include [,
69-10 including]:
69-11 (1) a prosecuting attorney as defined by Section
69-12 51.02, Family Code;
69-13 (2) a mental health professional;
69-14 (3) a medical health professional; and
69-15 (4) a representative of the education community.
69-16 (b) Council members serve [for staggered two-year] terms as
69-17 specified by the board [with as near as possible to half of the
69-18 members' terms expiring on January 31 of each year].
69-19 SECTION 66. Subchapter A, Chapter 152, Human Resources Code,
69-20 is amended by adding Section 152.0013 to read as follows:
69-21 Sec. 152.0013. IMMUNITY FROM LIABILITY. (a) A member of a
69-22 juvenile board is not liable for damages arising from an act or
69-23 omission committed while performing duties as a board member.
69-24 (b) This section does not apply if the act or omission is:
69-25 (1) reckless or intentional;
69-26 (2) done wilfully, wantonly, or with gross negligence;
69-27 or
70-1 (3) done with conscious indifference or reckless
70-2 disregard for the safety of others.
70-3 SECTION 67. Section 8.07(a), Penal Code, is amended to read
70-4 as follows:
70-5 (a) A person may not be prosecuted for or convicted of any
70-6 offense that the person [he] committed when younger than 15 years
70-7 of age except:
70-8 (1) perjury and aggravated perjury when it appears by
70-9 proof that the person [he] had sufficient discretion to understand
70-10 the nature and obligation of an oath;
70-11 (2) a violation of a penal statute cognizable under
70-12 Chapter 729, Transportation Code, except for:
70-13 (A) an offense under Section 550.021,
70-14 Transportation Code;
70-15 (B) an offense punishable as a Class B
70-16 misdemeanor under Section 550.022, Transportation Code; or
70-17 (C) an offense punishable as a Class B
70-18 misdemeanor under Section 550.024, Transportation Code;
70-19 (3) a violation of a motor vehicle traffic ordinance
70-20 of an incorporated city or town in this state;
70-21 (4) a misdemeanor punishable by fine only other than
70-22 public intoxication;
70-23 (5) a violation of a penal ordinance of a political
70-24 subdivision; [or]
70-25 (6) a violation of a penal statute that is, or is a
70-26 lesser included offense of, a capital felony, an aggravated
70-27 controlled substance felony, or a felony of the first degree for
71-1 which the person is transferred to the court under Section 54.02,
71-2 Family Code, for prosecution if the person committed the offense
71-3 when 14 years of age or older; or
71-4 (7) a capital felony or an offense under Section 19.02
71-5 for which the person is transferred to the court under Section
71-6 54.02(j)(2)(A), Family Code.
71-7 SECTION 68. Section 39.04(e)(2), Penal Code, is amended to
71-8 read as follows:
71-9 (2) "Custody" means the detention, arrest, or
71-10 confinement of an adult offender or the detention or the commitment
71-11 of a juvenile offender to a facility operated by or under a
71-12 contract with the Texas Youth Commission or a facility operated by
71-13 or under contract with [of] a juvenile board [offender].
71-14 SECTION 69. The following are repealed:
71-15 (1) Sections 52.027(h) and (j), Family Code;
71-16 (2) Section 54.022(e), Family Code;
71-17 (3) Article 58.01, Code of Criminal Procedure;
71-18 (4) Section 21.002(h), Government Code; and
71-19 (5) Section 53.001, Human Resources Code.
71-20 SECTION 70. (a) This Act takes effect September 1, 2001.
71-21 (b) Except as otherwise provided by this section, this Act
71-22 applies only to conduct that occurs on or after the effective date
71-23 of this Act. Conduct violating the penal laws of this state
71-24 occurs on or after the effective date of this Act if any element of
71-25 the violation occurs on or after that date. Conduct that occurs
71-26 before the effective date of this Act is governed by the law in
71-27 effect at the time the conduct occurred, and that law is continued
72-1 in effect for that purpose.
72-2 (c) Section 54.04, Family Code, as amended by Section 22 of
72-3 this Act, applies only to a disposition by a court made on or after
72-4 the effective date of this Act without regard to whether previous
72-5 adjudications of delinquent conduct on which the disposition is
72-6 based occurred before, on, or after the effective date of this Act.
72-7 (d) Section 58.0071, Family Code, as added by Section 37 of
72-8 this Act, applies to the destruction of records and files in a
72-9 juvenile case on or after the effective date of this Act, without
72-10 regard to whether the records or files destroyed were in existence
72-11 before, on, or after the effective date of this Act.
72-12 (e) Subchapter C, Chapter 58, Family Code, as added by
72-13 Section 40 of this Act, applies to records relating to a juvenile
72-14 case without regard to whether those records existed or were
72-15 maintained before, on, or after the effective date of this Act.
72-16 (f) Article 62.13, Code of Criminal Procedure, as added by
72-17 Section 53 of this Act, applies to a juvenile adjudicated for an
72-18 offense for which registration as a sex offender is required and
72-19 applies without regard to whether the offense and adjudication
72-20 occurred before, on, or after the effective date of this Act.