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;]
2-1 [(B) the unexcused voluntary absence of a child
2-2 from school; or]
2-3 [(C) the voluntary absence of a child from his
2-4 home without the consent of his parent or guardian for a
2-5 substantial length of time or without intent to return;]
2-6 [(3)] conduct that violates a lawful order of a
2-7 municipal court or justice court under circumstances that would
2-8 constitute contempt of that court;
2-9 (3) [(4)] conduct that violates Section 49.04, 49.05,
2-10 49.06, 49.07, or 49.08, Penal Code; or
2-11 (4) [(5)] conduct that violates Section 106.041,
2-12 Alcoholic Beverage Code, relating to driving under the influence of
2-13 alcohol by a minor (third or subsequent offense).
2-14 SECTION 3. Section 51.04(g), Family Code, is amended to read
2-15 as follows:
2-16 (g) The juvenile board[, or if there is no juvenile board,
2-17 the juvenile court,] may appoint a referee to make determinations
2-18 under Section 53.02(f) or to conduct hearings under this title.
2-19 The referee shall be an attorney licensed to practice law in this
2-20 state and shall comply with Section 54.10. Payment of any referee
2-21 services shall be provided from county funds.
2-22 SECTION 4. Section 51.041, Family Code, is amended to read as
2-23 follows:
2-24 Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
2-25 retains jurisdiction over a person, without regard to the age of
2-26 the person, for conduct engaged in by the person before becoming 17
2-27 years of age if, as a result of an appeal by the person under
3-1 Chapter 56 or under Article 44.47, Code of Criminal Procedure, of
3-2 an order of the court, the order is reversed or modified and the
3-3 case remanded to the court by the appellate court.
3-4 (b) If the respondent is at least 18 years of age when the
3-5 order of remand from the appellate court is received by the
3-6 juvenile court, the juvenile court shall proceed as provided by
3-7 Sections 54.02(o)-(r) for the detention of a person at least 18
3-8 years of age in discretionary transfer proceedings. Pending
3-9 retrial of the adjudication or transfer proceeding, the juvenile
3-10 court may:
3-11 (1) order the respondent released from custody;
3-12 (2) order the respondent detained in a juvenile
3-13 detention facility; or
3-14 (3) set bond and order the respondent detained in a
3-15 county adult facility if bond is not made.
3-16 SECTION 5. Chapter 51, Family Code, is amended by adding
3-17 Section 51.0412 to read as follows:
3-18 Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The
3-19 court retains jurisdiction over a person, without regard to the age
3-20 of the person, who is a respondent in an adjudication proceeding, a
3-21 disposition proceeding, or a proceeding to modify disposition if:
3-22 (1) the petition or motion to modify was filed while
3-23 the respondent was younger than 18 years of age;
3-24 (2) the proceeding is not complete before the
3-25 respondent becomes 18 years of age; and
3-26 (3) the court enters a finding in the proceeding that
3-27 the prosecuting attorney exercised due diligence in an attempt to
4-1 complete the proceeding before the respondent became 18 years of
4-2 age.
4-3 SECTION 6. Section 51.08, Family Code, is amended by amending
4-4 Subsection (b) and adding Subsection (d) to read as follows:
4-5 (b) A court in which there is pending a complaint against a
4-6 child alleging a violation of a misdemeanor offense punishable by
4-7 fine only other than a traffic offense or public intoxication or a
4-8 violation of a penal ordinance of a political subdivision other
4-9 than a traffic offense:
4-10 (1) except as provided by Subsection (d), shall waive
4-11 its original jurisdiction and refer a child to juvenile court if
4-12 the child has previously been convicted of:
4-13 (A) two or more misdemeanors punishable by fine
4-14 only other than a traffic offense or public intoxication;
4-15 (B) two or more violations of a penal ordinance
4-16 of a political subdivision other than a traffic offense; or
4-17 (C) one or more of each of the types of
4-18 misdemeanors described in Paragraph (A) or (B) of this subdivision;
4-19 and
4-20 (2) may waive its original jurisdiction and refer a
4-21 child to juvenile court if the child:
4-22 (A) has not previously been convicted of a
4-23 misdemeanor punishable by fine only other than a traffic offense or
4-24 public intoxication or a violation of a penal ordinance of a
4-25 political subdivision other than a traffic offense; or
4-26 (B) has previously been convicted of fewer than
4-27 two misdemeanors punishable by fine only other than a traffic
5-1 offense or public intoxication or two violations of a penal
5-2 ordinance of a political subdivision other than a traffic offense.
5-3 (d) A court that has implemented a juvenile case manager
5-4 program under Article 45.054, Code of Criminal Procedure, may, but
5-5 is not required to, waive its original jurisdiction under
5-6 Subsection (b)(1).
5-7 SECTION 7. Section 51.095(a), Family Code, is amended to read
5-8 as follows:
5-9 (a) Notwithstanding Section 51.09, the statement of a child
5-10 is admissible in evidence in any future proceeding concerning the
5-11 matter about which the statement was given if:
5-12 (1) the statement is made in writing under a
5-13 circumstance described by Subsection (d) and:
5-14 (A) the statement shows that the child has at
5-15 some time before the making of the statement received from a
5-16 magistrate a warning that:
5-17 (i) the child may remain silent and not
5-18 make any statement at all and that any statement that the child
5-19 makes may be used in evidence against the child;
5-20 (ii) the child has the right to have an
5-21 attorney present to advise the child either prior to any
5-22 questioning or during the questioning;
5-23 (iii) if the child is unable to employ an
5-24 attorney, the child has the right to have an attorney appointed to
5-25 counsel with the child before or during any interviews with peace
5-26 officers or attorneys representing the state; and
5-27 (iv) the child has the right to terminate
6-1 the interview at any time;
6-2 (B) and:
6-3 (i) the statement must be signed in the
6-4 presence of a magistrate by the child with no law enforcement
6-5 officer or prosecuting attorney present, except that a magistrate
6-6 may require a bailiff or a law enforcement officer if a bailiff is
6-7 not available to be present if the magistrate determines that the
6-8 presence of the bailiff or law enforcement officer is necessary for
6-9 the personal safety of the magistrate or other court personnel,
6-10 provided that the bailiff or law enforcement officer may not carry
6-11 a weapon in the presence of the child; and
6-12 (ii) the magistrate must be fully
6-13 convinced that the child understands the nature and contents of the
6-14 statement and that the child is signing the same voluntarily, and
6-15 if a statement is taken, the magistrate must sign a written
6-16 statement verifying the foregoing requisites have been met;
6-17 (C) the child knowingly, intelligently, and
6-18 voluntarily waives these rights before and during the making of the
6-19 statement and signs the statement in the presence of a magistrate;
6-20 and
6-21 (D) the magistrate certifies that the magistrate
6-22 has examined the child independent of any law enforcement officer
6-23 or prosecuting attorney, except as required to ensure the personal
6-24 safety of the magistrate or other court personnel, and has
6-25 determined that the child understands the nature and contents of
6-26 the statement and has knowingly, intelligently, and voluntarily
6-27 waived these rights;
7-1 (2) the statement is made orally and the child makes a
7-2 statement of facts or circumstances that are found to be true and
7-3 tend[, which conduct tends] to establish the child's guilt, such as
7-4 the finding of secreted or stolen property, or the instrument with
7-5 which the child states the offense was committed;
7-6 (3) the statement was res gestae of the delinquent
7-7 conduct or the conduct indicating a need for supervision or of the
7-8 arrest;
7-9 (4) the statement is made:
7-10 (A) in open court at the child's adjudication
7-11 hearing;
7-12 (B) before a grand jury considering a petition,
7-13 under Section 53.045, that the child engaged in delinquent conduct;
7-14 or
7-15 (C) at a preliminary hearing concerning the
7-16 child held in compliance with this code, other than at a detention
7-17 hearing under Section 54.01; or
7-18 (5) the statement is made orally under a circumstance
7-19 described by Subsection (d) and the statement is recorded by an
7-20 electronic recording device, including a device that records
7-21 images, and:
7-22 (A) before making the statement, the child is
7-23 given the warning described by Subdivision (1)(A) by a magistrate,
7-24 the warning is a part of the recording, and the child knowingly,
7-25 intelligently, and voluntarily waives each right stated in the
7-26 warning;
7-27 (B) the recording device is capable of making an
8-1 accurate recording, the operator of the device is competent to use
8-2 the device, the recording is accurate, and the recording has not
8-3 been altered;
8-4 (C) each voice on the recording is identified;
8-5 and
8-6 (D) not later than the 20th day before the date
8-7 of the proceeding, the attorney representing the child is given a
8-8 complete and accurate copy of each recording of the child made
8-9 under this subdivision.
8-10 SECTION 8. Section 51.10(e), Family Code, is amended to read
8-11 as follows:
8-12 (e) The court may enforce orders under Subsection (d) [(c)
8-13 of this section] by proceedings under Section 54.07 [of this code]
8-14 or by appointing counsel and ordering the parent or other person
8-15 responsible for support of the child to pay a reasonable attorney's
8-16 fee set by the court. The order may be enforced under Section
8-17 54.07 [of this code].
8-18 SECTION 9. Chapter 51, Family Code, is amended by adding
8-19 Section 51.101 to read as follows:
8-20 Sec. 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF
8-21 REPRESENTATION. (a) If an attorney is appointed at the initial
8-22 detention hearing and the child is detained, the attorney shall
8-23 continue to represent the child until the case is terminated, the
8-24 family retains an attorney, or a new attorney is appointed by the
8-25 juvenile court. Release of the child from detention does not
8-26 terminate the attorney's representation.
8-27 (b) If there is an initial detention hearing without an
9-1 attorney and the child is detained, the attorney appointed under
9-2 Section 51.10(c) shall continue to represent the child until the
9-3 case is terminated, the family retains an attorney, or a new
9-4 attorney is appointed by the juvenile court. Release of the child
9-5 from detention does not terminate the attorney's representation.
9-6 (c) The juvenile court shall determine, on the filing of a
9-7 petition, whether the child's family is indigent if:
9-8 (1) the child is released by intake;
9-9 (2) the child is released at the initial detention
9-10 hearing; or
9-11 (3) the case was referred to the court without the
9-12 child in custody.
9-13 (d) A juvenile court that makes a finding of indigence under
9-14 Subsection (c) shall appoint an attorney to represent the child on
9-15 or before the fifth working day after the date the petition for
9-16 adjudication or discretionary transfer hearing was served on the
9-17 child. An attorney appointed under this subsection shall continue
9-18 to represent the child until the case is terminated, the family
9-19 retains an attorney, or a new attorney is appointed by the juvenile
9-20 court.
9-21 (e) The juvenile court shall determine whether the child's
9-22 family is indigent if a motion or petition is filed under Section
9-23 54.05 seeking to modify disposition by committing the child to the
9-24 Texas Youth Commission or placing the child in a secure
9-25 correctional facility. A court that makes a finding of indigence
9-26 shall appoint an attorney to represent the child on or before the
9-27 fifth working day after the date the petition or motion has been
10-1 filed. An attorney appointed under this subsection shall continue
10-2 to represent the child until the court rules on the motion or
10-3 petition, the family retains an attorney, or a new attorney is
10-4 appointed.
10-5 SECTION 10. Sections 51.12(b), (c), and (l), Family Code, are
10-6 amended to read as follows:
10-7 (b) The proper authorities in each county shall provide a
10-8 suitable place of detention for children who are parties to
10-9 proceedings under this title, but the juvenile board [court] shall
10-10 control the conditions and terms of detention and detention
10-11 supervision and shall permit visitation with the child at all
10-12 reasonable times.
10-13 (c) In each county, each judge of the juvenile court and a
10-14 majority of the members of the juvenile board shall personally
10-15 inspect the juvenile pre-adjudication secure detention facilities
10-16 and any public or private juvenile secure correctional facilities
10-17 used for post-adjudication confinement that are located in the
10-18 county and operated under authority of the juvenile board at least
10-19 annually and shall certify in writing to the authorities
10-20 responsible for operating and giving financial support to the
10-21 facilities and to the Texas Juvenile Probation Commission that they
10-22 are suitable or unsuitable for the detention of children in
10-23 accordance with:
10-24 (1) the requirements of Subsections (a), (f), and (g);
10-25 and
10-26 (2) minimum professional standards for the detention
10-27 of children in pre-adjudication or post-adjudication secure
11-1 confinement promulgated by the Texas Juvenile Probation Commission
11-2 or, at the election of the juvenile board, the current standards
11-3 promulgated by the American Correctional Association.
11-4 (l) A child who is taken into custody and required to be
11-5 detained under Section 53.02(f) may be detained in a county jail or
11-6 other facility until the child is released under Section 53.02(f)
11-7 or until a detention hearing is held as required by Section
11-8 54.01(p), regardless of whether the facility complies with the
11-9 requirements of this section, if:
11-10 (1) a certified juvenile detention facility or a
11-11 secure detention facility described by Subsection (j) is not
11-12 available in the county in which the child is taken into custody or
11-13 in an adjacent county;
11-14 (2) the facility has been designated by the county
11-15 juvenile board for the county in which the facility is located;
11-16 (3) the child is separated by sight and sound from
11-17 adults detained in the same facility through architectural design
11-18 or time-phasing;
11-19 (4) the child does not have any contact with
11-20 management or direct-care staff that has contact with adults
11-21 detained in the same facility on the same work shift;
11-22 (5) the county in which the child is taken into
11-23 custody is not located in a metropolitan statistical area as
11-24 designated by the United States Bureau of the Census; and
11-25 (6) each judge of the juvenile court and a majority of
11-26 the members of the juvenile board of the county in which the child
11-27 is taken into custody have personally inspected the facility at
12-1 least annually and have certified in writing to the Texas Juvenile
12-2 Probation Commission that the facility complies with the
12-3 requirements of Subdivisions (3) and (4).
12-4 SECTION 11. Sections 52.01(c) and (d), Family Code, are
12-5 amended to read as follows:
12-6 (c) A law-enforcement officer authorized to take a child
12-7 into custody under Subdivisions (2) and (3) of Subsection (a) of
12-8 this section may issue a warning notice to the child in lieu of
12-9 taking the child [him] into custody if:
12-10 (1) guidelines for warning disposition have been
12-11 issued by the law-enforcement agency in which the officer works;
12-12 (2) the guidelines have been approved by the juvenile
12-13 court of the county in which the disposition is made;
12-14 (3) the disposition is authorized by the guidelines;
12-15 (4) the warning notice identifies the child and
12-16 describes the child's [his] alleged conduct;
12-17 (5) a copy of the warning notice is sent to the
12-18 child's parent, guardian, or custodian as soon as practicable after
12-19 disposition; and
12-20 (6) a copy of the warning notice is filed with the
12-21 law-enforcement agency and the office or official designated by the
12-22 juvenile board [court].
12-23 (d) A warning notice filed with the office or official
12-24 designated by the juvenile board [court] may be used as the basis
12-25 of further action if necessary.
12-26 SECTION 12. Sections 52.02(a) and (b), Family Code, are
12-27 amended to read as follows:
13-1 (a) Except as provided by Subsection (c), a person taking a
13-2 child into custody, without unnecessary delay and without first
13-3 taking the child to any place other than a juvenile processing
13-4 office designated under Section 52.025, shall do one of the
13-5 following:
13-6 (1) release the child to a parent, guardian, custodian
13-7 of the child, or other responsible adult upon that person's promise
13-8 to bring the child before the juvenile court as requested by the
13-9 court;
13-10 (2) bring the child before the office or official
13-11 designated by the juvenile board [court] if there is probable cause
13-12 to believe that the child engaged in delinquent conduct or conduct
13-13 indicating a need for supervision;
13-14 (3) bring the child to a detention facility designated
13-15 by the juvenile board [court];
13-16 (4) bring the child to a secure detention facility as
13-17 provided by Section 51.12(j);
13-18 (5) bring the child to a medical facility if the child
13-19 is believed to suffer from a serious physical condition or illness
13-20 that requires prompt treatment; or
13-21 (6) dispose of the case under Section 52.03.
13-22 (b) A person taking a child into custody shall promptly give
13-23 notice of the person's [his] action and a statement of the reason
13-24 for taking the child into custody, to:
13-25 (1) the child's parent, guardian, or custodian; and
13-26 (2) the office or official designated by the juvenile
13-27 board [court].
14-1 SECTION 13. Section 52.025(a), Family Code, is amended to
14-2 read as follows:
14-3 (a) The juvenile board [court] may designate an office or a
14-4 room, which may be located in a police facility or sheriff's
14-5 offices, as the juvenile processing office for the temporary
14-6 detention of a child taken into custody under Section 52.01 [of
14-7 this code]. The office may not be a cell or holding facility used
14-8 for detentions other than detentions under this section. The
14-9 juvenile board [court] by written order may prescribe the
14-10 conditions of the designation and limit the activities that may
14-11 occur in the office during the temporary detention.
14-12 SECTION 14. Sections 52.027(f) and (i), Family Code, are
14-13 amended to read as follows:
14-14 (f) A child taken into custody for an offense that a justice
14-15 or municipal court has jurisdiction of under Article 4.11 or 4.14,
14-16 Code of Criminal Procedure, other than public intoxication, may be
14-17 presented or detained in a detention facility designated by the
14-18 juvenile board [court] under Section 52.02(a)(3) only if:
14-19 (1) the child's non-traffic case is transferred to the
14-20 juvenile court by a municipal court or justice court under Section
14-21 51.08(b); or
14-22 (2) the child is referred to the juvenile court by a
14-23 municipal court or justice court for contempt of court under
14-24 Subsection (h).
14-25 (i) In this section, "child" means a person who[:]
14-26 [(1)] is at least 10 years of age and younger than 17
14-27 years of age and who is charged with or convicted of an offense
15-1 that a justice or municipal court has jurisdiction of under Article
15-2 4.11 or 4.14, Code of Criminal Procedure, other than public
15-3 intoxication[; or]
15-4 [(2) is at least 10 years of age and younger than 18
15-5 years of age and who:]
15-6 [(A) is a status offender and was taken into
15-7 custody as a status offender for conduct engaged in before becoming
15-8 17 years of age; or]
15-9 [(B) is a nonoffender and became a nonoffender
15-10 before becoming 17 years of age].
15-11 SECTION 15. Section 52.03(d), Family Code, is amended to read
15-12 as follows:
15-13 (d) Statistics indicating the number and kind of
15-14 dispositions made by a law-enforcement agency under the authority
15-15 of this section shall be reported at least annually to the office
15-16 or official designated by the juvenile board [court], as ordered by
15-17 the court.
15-18 SECTION 16. Sections 52.04(a) and (b), Family Code, are
15-19 amended to read as follows:
15-20 (a) The following shall accompany referral of a child or a
15-21 child's case to the office or official designated by the juvenile
15-22 board [court] or be provided as quickly as possible after referral:
15-23 (1) all information in the possession of the person or
15-24 agency making the referral pertaining to the identity of the child
15-25 and the child's [his] address, the name and address of the child's
15-26 parent, guardian, or custodian, the names and addresses of any
15-27 witnesses, and the child's present whereabouts;
16-1 (2) a complete statement of the circumstances of the
16-2 alleged delinquent conduct or conduct indicating a need for
16-3 supervision;
16-4 (3) when applicable, a complete statement of the
16-5 circumstances of taking the child into custody; and
16-6 (4) when referral is by an officer of a
16-7 law-enforcement agency, a complete statement of all prior contacts
16-8 with the child by officers of that law-enforcement agency.
16-9 (b) The office or official designated by the juvenile board
16-10 [court] may refer the case to a law-enforcement agency for the
16-11 purpose of conducting an investigation to obtain necessary
16-12 information.
16-13 SECTION 17. Sections 52.041(c) and (d), Family Code, are
16-14 amended to read as follows:
16-15 (c) Within five working days of receipt of an expulsion
16-16 notice under this section by the office or official designated by
16-17 the juvenile board [court], a preliminary investigation and
16-18 determination shall be conducted as required by Section 53.01.
16-19 (d) The office or official designated by the juvenile board
16-20 [court] shall within two working days notify the school district
16-21 that expelled the child if:
16-22 (1) a determination was made under Section 53.01 that
16-23 the person referred to juvenile court was not a child within the
16-24 meaning of this title;
16-25 (2) a determination was made that no probable cause
16-26 existed to believe the child engaged in delinquent conduct or
16-27 conduct indicating a need for supervision;
17-1 (3) no deferred prosecution or formal court
17-2 proceedings have been or will be initiated involving the child;
17-3 (4) the court or jury finds that the child did not
17-4 engage in delinquent conduct or conduct indicating a need for
17-5 supervision and the case has been dismissed with prejudice; or
17-6 (5) the child was adjudicated but no disposition was
17-7 or will be ordered by the court.
17-8 SECTION 18. Sections 53.01(a) and (c), Family Code, are
17-9 amended to read as follows:
17-10 (a) On referral of a person believed to be a child or on
17-11 referral of the person's case to the office or official designated
17-12 by the juvenile board [court], the intake officer, probation
17-13 officer, or other person authorized by the court shall conduct a
17-14 preliminary investigation to determine whether:
17-15 (1) the person referred to juvenile court is a child
17-16 within the meaning of this title; and
17-17 (2) there is probable cause to believe the person
17-18 engaged in delinquent conduct or conduct indicating a need for
17-19 supervision.
17-20 (c) When custody of a child is given to the office or
17-21 official designated by the juvenile board [court], the intake
17-22 officer, probation officer, or other person authorized by the court
17-23 shall promptly give notice of the whereabouts of the child and a
17-24 statement of the reason the child [he] was taken into custody to
17-25 the child's parent, guardian, or custodian unless the notice given
17-26 under Section 52.02(b) [of this code] provided fair notice of the
17-27 child's present whereabouts.
18-1 SECTION 19. Section 53.045(a), Family Code, is amended to
18-2 read as follows:
18-3 (a) Except as provided by Subsection (e), the prosecuting
18-4 attorney may refer the petition to the grand jury of the county in
18-5 which the court in which the petition is filed presides if the
18-6 petition alleges that the child engaged in delinquent conduct that
18-7 constitutes habitual felony conduct as described by Section 51.031
18-8 or that included the violation of any of the following provisions:
18-9 (1) Section 19.02, Penal Code (murder);
18-10 (2) Section 19.03, Penal Code (capital murder);
18-11 (3) Section 19.04, Penal Code (manslaughter);
18-12 (4) Section 20.04, Penal Code (aggravated kidnapping);
18-13 (5) [(4)] Section 22.011, Penal Code (sexual assault)
18-14 or Section 22.021, Penal Code (aggravated sexual assault);
18-15 (6) [(5)] Section 22.02, Penal Code (aggravated
18-16 assault);
18-17 (7) [(6)] Section 29.03, Penal Code (aggravated
18-18 robbery);
18-19 (8) [(7)] Section 22.04, Penal Code (injury to a
18-20 child, elderly individual, or disabled individual), if the offense
18-21 is punishable as a felony, other than a state jail felony;
18-22 (9) [(8)] Section 22.05(b), Penal Code (felony deadly
18-23 conduct involving discharging a firearm);
18-24 (10) [(9)] Subchapter D, Chapter 481, Health and
18-25 Safety Code, if the conduct constitutes a felony of the first
18-26 degree or an aggravated controlled substance felony (certain
18-27 offenses involving controlled substances);
19-1 (11) [(10)] Section 15.03, Penal Code (criminal
19-2 solicitation);
19-3 (12) [(11)] Section 21.11(a)(1), Penal Code (indecency
19-4 with a child);
19-5 (13) [(12)] Section 15.031, Penal Code (criminal
19-6 solicitation of a minor);
19-7 (14) [(13)] Section 15.01, Penal Code (criminal
19-8 attempt), if the offense attempted was an offense under Section
19-9 19.02, Penal Code (murder), or Section 19.03, Penal Code (capital
19-10 murder), or an offense listed by Section 3g(a)(1), Article 42.12,
19-11 Code of Criminal Procedure; [or]
19-12 (15) [(14)] Section 28.02, Penal Code (arson), if
19-13 bodily injury or death is suffered by any person by reason of the
19-14 commission of the conduct; or
19-15 (16) Section 49.08, Penal Code (intoxication
19-16 manslaughter).
19-17 SECTION 20. Section 54.01(l), Family Code, is amended to read
19-18 as follows:
19-19 (l) The juvenile board [or, if there is none, the juvenile
19-20 court,] may appoint a referee to conduct the detention hearing.
19-21 The referee shall be an attorney licensed to practice law in this
19-22 state. Such payment or additional payment as may be warranted for
19-23 referee services shall be provided from county funds. Before
19-24 commencing the detention hearing, the referee shall inform the
19-25 parties who have appeared that they are entitled to have the
19-26 hearing before the juvenile court judge or a substitute judge
19-27 authorized by Section 51.04(f) [of this code]. If a party objects
20-1 to the referee conducting the detention hearing, an authorized
20-2 judge shall conduct the hearing within 24 hours. At the conclusion
20-3 of the hearing, the referee shall transmit written findings and
20-4 recommendations to the juvenile court judge or substitute judge.
20-5 The juvenile court judge or substitute judge shall adopt, modify,
20-6 or reject the referee's recommendations not later than the next
20-7 working day after the day that the judge receives the
20-8 recommendations. Failure to act within that time results in
20-9 release of the child by operation of law. A recommendation that
20-10 the child be released operates to secure the child's [his]
20-11 immediate release, subject to the power of the juvenile court judge
20-12 or substitute judge to reject or modify that recommendation. The
20-13 effect of an order detaining a child shall be computed from the
20-14 time of the hearing before the referee.
20-15 SECTION 21. Chapter 54, Family Code, is amended by adding
20-16 Section 54.023 to read as follows:
20-17 Sec. 54.023. JUSTICE OR MUNICIPAL COURT: ENFORCEMENT. (a)
20-18 If a child intentionally or knowingly fails to obey a lawful order
20-19 of disposition after an adjudication of guilt of an offense that a
20-20 justice or municipal court has jurisdiction of under Article 4.11
20-21 or 4.14, Code of Criminal Procedure, the justice or municipal court
20-22 may:
20-23 (1) refer the child to the appropriate juvenile court
20-24 for delinquent conduct for contempt of the justice or municipal
20-25 court order; or
20-26 (2) retain jurisdiction of the case and:
20-27 (A) hold the child in contempt of the justice or
21-1 municipal court order and impose a fine not to exceed $500;
21-2 (B) order the child to be held in a place of
21-3 nonsecure custody designated under Section 52.027 for a single
21-4 period not to exceed six hours; or
21-5 (C) order the Department of Public Safety to
21-6 suspend the driver's license or permit of the child or, if the
21-7 child does not have a license or permit, to deny the issuance of a
21-8 license or permit to the child and, if the child has a continuing
21-9 obligation under the court's order, require that the suspension or
21-10 denial be effective until the child fully discharges the
21-11 obligation.
21-12 (b) A court that orders suspension or denial of a child's
21-13 driver's license or permit shall notify the Department of Public
21-14 Safety on receiving proof that the child has fully complied with
21-15 the orders of the court.
21-16 (c) A justice or municipal court may hold a person in
21-17 contempt and impose a remedy authorized by Subsection (a)(2) if:
21-18 (1) the person as a child was placed under an order of
21-19 the justice or municipal court;
21-20 (2) the person failed to obey the order while the
21-21 person was 17 years of age or older; and
21-22 (3) the failure to obey occurred under circumstances
21-23 that constitute contempt of court.
21-24 (d) A justice or municipal court may hold a person in
21-25 contempt and impose a remedy authorized by Subsection (a)(2) if the
21-26 person, while younger than 17 years of age, engaged in conduct in
21-27 contempt of an order of the justice or municipal court but contempt
22-1 proceedings could not be held before the child's 17th birthday.
22-2 (e) A justice or municipal court may not order a child to a
22-3 term of confinement or imprisonment for contempt of a justice or
22-4 municipal court order under this section.
22-5 (f) A justice or municipal court may not refer a child who
22-6 violates a court order while 17 years of age or older to a juvenile
22-7 court for delinquency proceedings for contempt of court.
22-8 SECTION 22. Section 54.03(c), Family Code, is amended to read
22-9 as follows:
22-10 (c) Trial shall be by jury unless jury is waived in
22-11 accordance with Section 51.09 [of this code]. If the hearing is on
22-12 a petition that has been approved by the grand jury under Section
22-13 53.045 [of this code], the jury must consist of 12 persons and be
22-14 selected in accordance with the requirements in criminal cases.
22-15 Jury verdicts under this title must be unanimous.
22-16 SECTION 23. Section 54.04, Family Code, as amended by
22-17 Chapters 1193, 1415, 1448, and 1477, Acts of the 76th Legislature,
22-18 Regular Session, 1999, is reenacted and amended to read as follows:
22-19 Sec. 54.04. DISPOSITION HEARING. (a) The disposition
22-20 hearing shall be separate, distinct, and subsequent to the
22-21 adjudication hearing. There is no right to a jury at the
22-22 disposition hearing unless the child is in jeopardy of a
22-23 determinate sentence under Subsection (d)(3) or (m) [of this
22-24 section], in which case, the child is entitled to a jury of 12
22-25 persons to determine the sentence.
22-26 (b) At the disposition hearing, the juvenile court may
22-27 consider written reports from probation officers, professional
23-1 court employees, or professional consultants in addition to the
23-2 testimony of witnesses. Prior to the disposition hearing, the
23-3 court shall provide the attorney for the child with access to all
23-4 written matter to be considered in disposition. The court may
23-5 order counsel not to reveal items to the child or the child's [his]
23-6 parent, guardian, or guardian ad litem if such disclosure would
23-7 materially harm the treatment and rehabilitation of the child or
23-8 would substantially decrease the likelihood of receiving
23-9 information from the same or similar sources in the future.
23-10 (c) No disposition may be made under this section unless the
23-11 child is in need of rehabilitation or the protection of the public
23-12 or the child requires that disposition be made. If the court or
23-13 jury does not so find, the court shall dismiss the child and enter
23-14 a final judgment without any disposition. No disposition placing
23-15 the child on probation outside the child's home may be made under
23-16 this section unless the court or jury finds that the child, in the
23-17 child's home, cannot be provided the quality of care and level of
23-18 support and supervision that the child needs to meet the conditions
23-19 of the probation.
23-20 (d) If the court or jury makes the finding specified in
23-21 Subsection (c) allowing the court to make a disposition in the
23-22 case:
23-23 (1) the court or jury may, in addition to any order
23-24 required or authorized under Section 54.041 or 54.042, place the
23-25 child on probation on such reasonable and lawful terms as the court
23-26 may determine:
23-27 (A) in the child's [his] own home or in the
24-1 custody of a relative or other fit person; or
24-2 (B) subject to the finding under Subsection (c)
24-3 on the placement of the child outside the child's home, in:
24-4 (i) a suitable foster home; or
24-5 (ii) a suitable public or private
24-6 institution or agency, except the Texas Youth Commission;
24-7 (2) if the court or jury found at the conclusion of
24-8 the adjudication hearing that the child engaged in delinquent
24-9 conduct that violates a penal law of this state or the United
24-10 States of the grade of felony or, if the requirements of Subsection
24-11 (s) or (t) [(q)] are met, of the grade of misdemeanor, and if the
24-12 petition was not approved by the grand jury under Section 53.045,
24-13 the court may commit the child to the Texas Youth Commission
24-14 without a determinate sentence;
24-15 (3) if the court or jury found at the conclusion of
24-16 the adjudication hearing that the child engaged in delinquent
24-17 conduct that included a violation of a penal law listed in Section
24-18 53.045(a) and if the petition was approved by the grand jury under
24-19 Section 53.045, the court or jury may sentence the child to
24-20 commitment in the Texas Youth Commission with a possible transfer
24-21 to the institutional division or the pardons and paroles division
24-22 of the Texas Department of Criminal Justice for a term of:
24-23 (A) not more than 40 years if the conduct
24-24 constitutes:
24-25 (i) a capital felony;
24-26 (ii) a felony of the first degree; or
24-27 (iii) an aggravated controlled substance
25-1 felony;
25-2 (B) not more than 20 years if the conduct
25-3 constitutes a felony of the second degree; or
25-4 (C) not more than 10 years if the conduct
25-5 constitutes a felony of the third degree;
25-6 (4) the court may assign the child an appropriate
25-7 sanction level and sanctions as provided by the assignment
25-8 guidelines in Section 59.003; or
25-9 (5) if applicable, the court or jury may make a
25-10 disposition under Subsection (m).
25-11 (e) The Texas Youth Commission shall accept a person
25-12 properly committed to it by a juvenile court even though the person
25-13 may be 17 years of age or older at the time of commitment.
25-14 (f) The court shall state specifically in the order its
25-15 reasons for the disposition and shall furnish a copy of the order
25-16 to the child. If the child is placed on probation, the terms of
25-17 probation shall be written in the order.
25-18 (g) If the court orders a disposition under Subsection
25-19 (d)(3) or (m) [of this section] and there is an affirmative finding
25-20 that the defendant used or exhibited a deadly weapon during the
25-21 commission of the conduct or during immediate flight from
25-22 commission of the conduct, the court shall enter the finding in the
25-23 order. If there is an affirmative finding that the deadly weapon
25-24 was a firearm, the court shall enter that finding in the order.
25-25 (h) At the conclusion of the dispositional hearing, the
25-26 court shall inform the child of:
25-27 (1) the child's right to appeal, as required by
26-1 Section 56.01 [of this code]; and
26-2 (2) the procedures for the sealing of the child's
26-3 records under Section 58.003 [of this code].
26-4 (i) If the court places the child on probation outside the
26-5 child's home or commits the child to the Texas Youth Commission,
26-6 the court:
26-7 (1) shall include in its order its determination that:
26-8 (A) [(1)] it is in the child's best interests to
26-9 be placed outside the child's home;
26-10 (B) [(2)] reasonable efforts were made to
26-11 prevent or eliminate the need for the child's removal from the home
26-12 and to make it possible for the child to return to the child's
26-13 home; and
26-14 (C) [(3)] the child, in the child's home, cannot
26-15 be provided the quality of care and level of support and
26-16 supervision that the child needs to meet the conditions of
26-17 probation; and
26-18 (2) may approve an administrative body to conduct
26-19 permanency hearings pursuant to 42 U.S.C. Section 675 if required
26-20 during the placement or commitment of the child.
26-21 (j) If the court or jury found that the child engaged in
26-22 delinquent conduct that included a violation of a penal law of the
26-23 grade of felony or jailable misdemeanor, the court:
26-24 (1) shall require that the child's thumbprint be
26-25 affixed to the order; and
26-26 (2) may require that a photograph of the child be
26-27 attached to the order.
27-1 (k) Except as provided by Subsection (m), the period to
27-2 which a court or jury may sentence a person to commitment to the
27-3 Texas Youth Commission with a transfer to the Texas Department of
27-4 Criminal Justice under Subsection (d)(3) [of this section] applies
27-5 without regard to whether the person has previously been
27-6 adjudicated as having engaged in delinquent conduct.
27-7 (l) Except as provided by Subsection (q), a court or jury
27-8 may place a child on probation under Subsection (d)(1) for any
27-9 period, except that probation may not continue on or after the
27-10 child's 18th birthday. Except as provided by Subsection (q), the
27-11 court may, before the period of probation ends, extend the
27-12 probation for any period, except that the probation may not extend
27-13 to or after the child's 18th birthday.
27-14 (m) The court or jury may sentence a child adjudicated for
27-15 habitual felony conduct as described by Section 51.031 to a term
27-16 prescribed by Subsection (d)(3) and applicable to the conduct
27-17 adjudicated in the pending case if:
27-18 (1) a petition was filed and approved by a grand jury
27-19 under Section 53.045 alleging that the child engaged in habitual
27-20 felony conduct; and
27-21 (2) the court or jury finds beyond a reasonable doubt
27-22 that the allegation described by Subdivision (1) in the grand jury
27-23 petition is true.
27-24 (n) A court may order a disposition of secure confinement of
27-25 a status offender adjudicated for violating a valid court order
27-26 only if:
27-27 (1) before the order is issued, the child received the
28-1 full due process rights guaranteed by the Constitution of the
28-2 United States or the Texas Constitution; and
28-3 (2) the juvenile probation department in a report
28-4 authorized by Subsection (b):
28-5 (A) reviewed the behavior of the child and the
28-6 circumstances under which the child was brought before the court;
28-7 (B) determined the reasons for the behavior that
28-8 caused the child to be brought before the court; and
28-9 (C) determined that all dispositions, including
28-10 treatment, other than placement in a secure detention facility or
28-11 secure correctional facility, have been exhausted or are clearly
28-12 inappropriate.
28-13 (o) In a disposition under this title:
28-14 (1) a [A] status offender may not, under any
28-15 circumstances, be committed to the Texas Youth Commission for
28-16 engaging in conduct that would not, under state or local law, be a
28-17 crime if committed by an adult;
28-18 (2) a status offender may not, under any circumstances
28-19 other than as provided under Subsection (n), be placed in a
28-20 post-adjudication secure correctional facility; and
28-21 (3) a child adjudicated for contempt of a justice or
28-22 municipal court order may not, under any circumstances, be placed
28-23 in a post-adjudication secure correctional facility or committed to
28-24 the Texas Youth Commission for that conduct.
28-25 (p) Except as provided by Subsection (l), a court that
28-26 places a child on probation under Subsection (d)(1) for conduct
28-27 described by Section 54.0405(b) and punishable as a felony shall
29-1 specify a minimum probation period of two years.
29-2 (q) If a court or jury sentences a child to commitment in
29-3 the Texas Youth Commission under Subsection (d)(3) for a term of
29-4 not more than 10 years, the court or jury may place the child on
29-5 probation under Subsection (d)(1) as an alternative to making the
29-6 disposition under Subsection (d)(3). The court shall prescribe the
29-7 period of probation ordered under this subsection for a term of not
29-8 more than 10 years. The court may, before the sentence of
29-9 probation expires, extend the probationary period under Section
29-10 54.05, except that the sentence of probation and any extension may
29-11 not exceed 10 years. The court may, before the child's 18th
29-12 birthday, discharge the child from the sentence of probation. If a
29-13 sentence of probation ordered under this subsection and any
29-14 extension of probation ordered under Section 54.05 will continue
29-15 after the child's 18th birthday, the court shall discharge the
29-16 child from the sentence of probation on the child's 18th birthday
29-17 unless the court transfers the child to an appropriate district
29-18 court under Section 54.051.
29-19 (r) [(q)] If the judge orders a disposition under this
29-20 section and there is an affirmative finding that the victim or
29-21 intended victim was younger than 17 years of age at the time of the
29-22 conduct, the judge shall enter the finding in the order.
29-23 (s) [(q)] The court may make a disposition under Subsection
29-24 (d)(2) for delinquent conduct that violates a penal law of the
29-25 grade of misdemeanor if:
29-26 (1) the child has been adjudicated as having engaged
29-27 in delinquent conduct violating a penal law of the grade of [felony
30-1 or] misdemeanor on at least two previous occasions;
30-2 (2) of the previous adjudications, the conduct that
30-3 was the basis for one of the adjudications occurred after the date
30-4 of another previous adjudication; and
30-5 (3) the conduct that is the basis of the current
30-6 adjudication occurred after the date of at least two previous
30-7 adjudications.
30-8 (t) The court may make a disposition under Subsection (d)(2)
30-9 for delinquent conduct that violates a penal law of the grade of
30-10 misdemeanor if:
30-11 (1) the child has been adjudicated as having engaged
30-12 in delinquent conduct violating a penal law of the grade of felony
30-13 on at least one previous occasion; and
30-14 (2) the conduct that is the basis of the current
30-15 adjudication occurred after the date of that previous adjudication.
30-16 (u) For the purposes of disposition under Subsection (d)(2),
30-17 delinquent conduct that violates a penal law of this state of the
30-18 grade of felony or misdemeanor does not include conduct that
30-19 violates a lawful order of a municipal, justice, or juvenile court
30-20 under circumstances that would constitute contempt of that court.
30-21 SECTION 24. Section 54.041, Family Code, is amended by
30-22 amending Subsection (b) and adding Subsection (h) to read as
30-23 follows:
30-24 (b) If a child is found to have engaged in delinquent
30-25 conduct or conduct indicating a need for supervision arising from
30-26 the commission of an offense in which property damage or loss or
30-27 personal injury occurred, the juvenile court, on notice to all
31-1 persons affected and on hearing, may order the child or a parent to
31-2 make full or partial restitution to the victim of the offense. The
31-3 program of restitution must promote the rehabilitation of the
31-4 child, be appropriate to the age and physical, emotional, and
31-5 mental abilities of the child, and not conflict with the child's
31-6 schooling. When practicable and subject to court supervision, the
31-7 court may approve a restitution program based on a settlement
31-8 between the child and the victim of the offense. An order under
31-9 this subsection may provide for periodic payments by the child or a
31-10 parent of the child for the period specified in the order but
31-11 except as provided by Subsection (h), that period may not extend
31-12 past the date of the 18th birthday of the child or past the date
31-13 the child is no longer enrolled in an accredited secondary school
31-14 in a program leading toward a high school diploma, whichever date
31-15 is later.
31-16 (h) If the juvenile court places the child on probation in a
31-17 determinate sentence proceeding initiated under Section 53.045 and
31-18 transfers supervision on the child's 18th birthday to a district
31-19 court for placement on community supervision, the district court
31-20 shall require the payment of any unpaid restitution as a condition
31-21 of the community supervision. The liability of the child's parent
31-22 for restitution may not be extended by transfer to a district court
31-23 for supervision.
31-24 SECTION 25. Section 54.044(a), Family Code, is amended to
31-25 read as follows:
31-26 (a) If the court places a child on probation under Section
31-27 54.04(d), the court shall require as a condition of probation that
32-1 the child work a specified number of hours at a community service
32-2 project approved by the court and designated by the juvenile
32-3 probation department [board] as provided by Subsection (e), unless
32-4 the court determines and enters a finding on the order placing the
32-5 child on probation that:
32-6 (1) the child is physically or mentally incapable of
32-7 participating in the project;
32-8 (2) participating in the project will be a hardship on
32-9 the child or the family of the child; or
32-10 (3) the child has shown good cause that community
32-11 service should not be required.
32-12 SECTION 26. Chapter 54, Family Code, is amended by adding
32-13 Section 54.048 to read as follows:
32-14 Sec. 54.048. RESTITUTION. (a) A juvenile court, in a
32-15 disposition hearing under Section 54.04, may order restitution to
32-16 be made by the child and the child's parents.
32-17 (b) This section applies without regard to whether the
32-18 petition in the case contains a plea for restitution.
32-19 SECTION 27. Sections 54.05(d) and (h), Family Code, are
32-20 amended to read as follows:
32-21 (d) A hearing to modify disposition shall be held on the
32-22 petition of the child and his parent, guardian, guardian ad litem,
32-23 or attorney, or on the petition of the state, a probation officer,
32-24 or the court itself. Reasonable notice of a hearing to modify
32-25 disposition shall be given to all parties. [When the petition to
32-26 modify is filed under Section 51.03(a)(2) of this code, the court
32-27 must hold an adjudication hearing and make an affirmative finding
33-1 prior to considering any written reports under Subsection (e) of
33-2 this section.]
33-3 (h) A hearing shall be held prior to placement in a
33-4 post-adjudication secure correctional facility for a period longer
33-5 than 30 days or commitment to the Texas Youth Commission as a
33-6 modified disposition. In other disposition modifications, the
33-7 child and the child's parent, guardian, guardian ad litem, or
33-8 attorney may waive hearing in accordance with Section 51.09.
33-9 SECTION 28. Section 54.05(j), Family Code, as added by
33-10 Chapter 1448, Acts of the 76th Legislature, Regular Session, 1999,
33-11 is redesignated as Section 54.05(k), Family Code, and amended to
33-12 read as follows:
33-13 (k) [(j)] The court may modify a disposition under
33-14 Subsection (f) that is based on a finding that the child engaged in
33-15 delinquent conduct that violates a penal law of the grade of
33-16 misdemeanor if:
33-17 (1) the child has been adjudicated as having engaged
33-18 in delinquent conduct violating a penal law of the grade of felony
33-19 or misdemeanor on at least two previous occasions; and
33-20 (2) of the previous adjudications, the conduct that
33-21 was the basis for one of the adjudications occurred after the date
33-22 of another previous adjudication.
33-23 SECTION 29. Section 54.11(d), Family Code, is amended to
33-24 read as follows:
33-25 (d) At a hearing under this section the court may consider
33-26 written reports from probation officers, professional court
33-27 employees, [or] professional consultants, or employees of the Texas
34-1 Youth Commission, in addition to the testimony of witnesses. At
34-2 least one day before the hearing, the court shall provide the
34-3 attorney for the person to be transferred or released under
34-4 supervision with access to all written matter to be considered by
34-5 the court.
34-6 SECTION 30. Section 55.41, Family Code, is amended by adding
34-7 Subsection (c) to read as follows:
34-8 (c) On receipt of the court's order, the Texas Department of
34-9 Mental Health and Mental Retardation or the appropriate community
34-10 center shall admit the child to a residential care facility.
34-11 SECTION 31. Subchapter C, Chapter 55, Family Code, is
34-12 amended by adding Section 55.45 to read as follows:
34-13 Sec. 55.45. STANDARDS OF CARE; NOTICE OF RELEASE OR
34-14 FURLOUGH. (a) If the juvenile court or a court to which the
34-15 child's case is referred under Section 55.37(2) orders mental
34-16 health services for the child, the child shall be cared for,
34-17 treated, and released in accordance with Subtitle C, Title 7,
34-18 Health and Safety Code, except that the administrator of a mental
34-19 health facility shall notify, in writing, by certified mail, return
34-20 receipt requested, the juvenile court that ordered mental health
34-21 services or that referred the case to a court that ordered mental
34-22 health services of the intent to discharge the child on or before
34-23 the 10th day before the date of discharge.
34-24 (b) If the juvenile court or a court to which the child's
34-25 case is referred under Section 55.40(2) orders the commitment of
34-26 the child to a residential care facility, the child shall be cared
34-27 for, treated, and released in accordance with Subtitle D, Title 7,
35-1 Health and Safety Code, except that the administrator of the
35-2 residential care facility shall notify, in writing, by certified
35-3 mail, return receipt requested, the juvenile court that ordered
35-4 commitment of the child or that referred the case to a court that
35-5 ordered commitment of the child of the intent to discharge or
35-6 furlough the child on or before the 20th day before the date of
35-7 discharge or furlough.
35-8 SECTION 32. Section 55.60, Family Code, is amended by adding
35-9 Subsection (c) to read as follows:
35-10 (c) On receipt of the court's order, the Texas Department of
35-11 Mental Health and Mental Retardation or the appropriate community
35-12 center shall admit the child to a residential care facility.
35-13 SECTION 33. Section 56.01, Family Code, is amended by adding
35-14 Subsection (o) to read as follows:
35-15 (o) This section does not limit a child's right to obtain a
35-16 writ of habeas corpus.
35-17 SECTION 34. Section 58.002, Family Code, is amended by
35-18 amending Subsections (a) and (b) and adding Subsection (e) to read
35-19 as follows:
35-20 (a) Except as provided by Chapter 63, Code of Criminal
35-21 Procedure [Chapter 79, Human Resources Code], a child may not be
35-22 photographed or fingerprinted without the consent of the juvenile
35-23 court unless the child is taken into custody or referred to the
35-24 juvenile court for conduct that constitutes a felony or a
35-25 misdemeanor punishable by confinement in jail.
35-26 (b) On or before December 31 of each year, the head of each
35-27 municipal or county law enforcement agency located in a county
36-1 shall certify to the juvenile board for that county that the
36-2 photographs and fingerprints required to be destroyed under Section
36-3 58.001 have been destroyed. The juvenile board shall conduct or
36-4 cause to be conducted an audit of the records of the law
36-5 enforcement agency to verify the destruction of the photographs and
36-6 fingerprints and the law enforcement agency shall make its records
36-7 available for this purpose. If the audit shows that the
36-8 certification provided by the head of the law enforcement agency is
36-9 false, that person is subject to prosecution for perjury under
36-10 Chapter 37, Penal Code.
36-11 (e) This section does not prohibit a law enforcement officer
36-12 from fingerprinting or photographing a child as provided by Section
36-13 58.0021.
36-14 SECTION 35. Subchapter A, Chapter 58, Family Code, is
36-15 amended by adding Section 58.0021 to read as follows:
36-16 Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN
36-17 INVESTIGATION. (a) A law enforcement officer may take temporary
36-18 custody of a child to take the child's fingerprints if:
36-19 (1) the officer has probable cause to believe that the
36-20 child has engaged in delinquent conduct;
36-21 (2) the officer has investigated that conduct and has
36-22 found other fingerprints during the investigation; and
36-23 (3) the officer has probable cause to believe that the
36-24 child's fingerprints will match the other fingerprints.
36-25 (b) A law enforcement officer may take temporary custody of
36-26 a child to take the child's photograph if:
36-27 (1) the officer has probable cause to believe that the
37-1 child has engaged in delinquent conduct; and
37-2 (2) the officer has probable cause to believe that the
37-3 child's photograph will be of material assistance in the
37-4 investigation of that conduct.
37-5 (c) Temporary custody for the purpose described by
37-6 Subsection (a) or (b):
37-7 (1) is not a taking into custody under Section 52.01;
37-8 and
37-9 (2) may not be reported to the juvenile justice
37-10 information system under Subchapter B.
37-11 (d) If a law enforcement officer does not take the child
37-12 into custody under Section 52.01, the child shall be released from
37-13 temporary custody authorized under this section as soon as the
37-14 fingerprints or photographs are obtained.
37-15 (e) A law enforcement officer who under this section obtains
37-16 fingerprints or photographs from a child shall:
37-17 (1) immediately destroy them if they do not lead to a
37-18 positive comparison or identification; and
37-19 (2) make a reasonable effort to notify the child's
37-20 parent, guardian, or custodian of the action taken.
37-21 (f) A law enforcement officer may under this section obtain
37-22 fingerprints or photographs from a child at:
37-23 (1) a juvenile processing office; or
37-24 (2) a location that affords reasonable privacy to the
37-25 child.
37-26 SECTION 36. Subchapter A, Chapter 58, Family Code, is
37-27 amended by adding Section 58.0022 to read as follows:
38-1 Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
38-2 RUNAWAYS. A law enforcement officer who takes a child into custody
38-3 with probable cause to believe that the child has engaged in
38-4 conduct indicating a need for supervision as described by Section
38-5 51.03(b)(3) and who after reasonable effort is unable to determine
38-6 the identity of the child, may fingerprint or photograph the child
38-7 to establish the child's identity. On determination of the child's
38-8 identity or that the child cannot be identified by the fingerprints
38-9 or photographs, the law enforcement officer shall immediately
38-10 destroy all copies of the fingerprint records or photographs of the
38-11 child.
38-12 SECTION 37. Section 58.007, Family Code, is amended by adding
38-13 Subsection (i) to read as follows:
38-14 (i) In addition to the authority to release information
38-15 under Subsection (b)(5), a juvenile probation department may
38-16 release information contained in its records without leave of the
38-17 juvenile court pursuant to guidelines adopted by the juvenile
38-18 board.
38-19 SECTION 38. Subchapter A, Chapter 58, Family Code, is amended
38-20 by adding Section 58.0071 to read as follows:
38-21 Sec. 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND
38-22 FILES. (a) In this section:
38-23 (1) "Juvenile case" means:
38-24 (A) a referral for conduct indicating a need for
38-25 supervision or delinquent conduct; or
38-26 (B) if a petition was filed, all charges made in
38-27 the petition.
39-1 (2) "Physical records and files" include entries in a
39-2 computer file or information on microfilm, microfiche, or any other
39-3 electronic storage media.
39-4 (b) The custodian of physical records and files in a
39-5 juvenile case may destroy the records and files if the custodian
39-6 duplicates the information in the records and files in a computer
39-7 file or information on microfilm, microfiche, or any other
39-8 electronic storage media.
39-9 (c) The following persons may authorize, subject to
39-10 Subsections (d) and (e) and any other restriction the person may
39-11 impose, the destruction of the physical records and files relating
39-12 to a closed juvenile case:
39-13 (1) a juvenile board in relation to the records and
39-14 files in the possession of the juvenile probation department;
39-15 (2) the head of a law enforcement agency in relation
39-16 to the records and files in the possession of the agency; and
39-17 (3) a prosecuting attorney in relation to the records
39-18 and files in the possession of the prosecuting attorney's office.
39-19 (d) The physical records and files of a juvenile case may
39-20 only be destroyed if the child who is the respondent in the case:
39-21 (1) is at least 18 years of age and:
39-22 (A) the most serious allegation adjudicated was
39-23 conduct indicating a need for supervision;
39-24 (B) the most serious allegation was conduct
39-25 indicating a need for supervision and there was not an
39-26 adjudication; or
39-27 (C) the referral or information did not relate
40-1 to conduct indicating a need for supervision or delinquent conduct
40-2 and the juvenile court or the court's staff did not take action on
40-3 the referral or information for that reason;
40-4 (2) is at least 21 years of age and:
40-5 (A) the most serious allegation adjudicated was
40-6 delinquent conduct that violated a penal law of the grade of
40-7 misdemeanor; or
40-8 (B) the most serious allegation was delinquent
40-9 conduct that violated a penal law of the grade of misdemeanor or
40-10 felony and there was not an adjudication; or
40-11 (3) is at least 31 years of age and the most serious
40-12 allegation adjudicated was delinquent conduct that violated a penal
40-13 law of the grade of felony.
40-14 (e) If a record or file contains information relating to
40-15 more than one juvenile case, information relating to each case may
40-16 only be destroyed if:
40-17 (1) the destruction of the information is authorized
40-18 under this section; and
40-19 (2) the information can be separated from information
40-20 that is not authorized to be destroyed under this section.
40-21 (f) This section does not affect the destruction of physical
40-22 records and files authorized by the Texas State Library Records
40-23 Retention Schedule.
40-24 SECTION 39. Section 58.101(4), Family Code, is amended to
40-25 read as follows:
40-26 (4) "Incident number" means a unique number assigned
40-27 to a child during a specific custodial or detention period or for a
41-1 specific referral to the office or official designated by the
41-2 juvenile board [court], if the juvenile offender was not taken into
41-3 custody before the referral.
41-4 SECTION 40. Section 58.112, Family Code, is amended to read
41-5 as follows:
41-6 Sec. 58.112. REPORT TO LEGISLATURE. Not later than August
41-7 [January] 15 of each year, the Texas Juvenile Probation Commission
41-8 [Criminal Justice Policy Council] shall submit to the lieutenant
41-9 governor, the speaker of the house of representatives, and the
41-10 governor a report that contains the following statistical
41-11 information relating to children referred to a juvenile court
41-12 during the preceding year:
41-13 (1) the ages, races, and counties of residence of the
41-14 children transferred to a district court or criminal district court
41-15 for criminal proceedings; and
41-16 (2) the ages, races, and counties of residence of the
41-17 children committed to the Texas Youth Commission, placed on
41-18 probation, or discharged without any disposition.
41-19 SECTION 41. Chapter 58, Family Code, is amended by adding
41-20 Subchapters C and D to read as follows:
41-21 SUBCHAPTER C. AUTOMATIC RESTRICTION OF ACCESS TO RECORDS
41-22 Sec. 58.201. DEFINITION. In this subchapter, "department"
41-23 means the Department of Public Safety of the State of Texas.
41-24 Sec. 58.202. EXEMPTED RECORDS. The following records are
41-25 exempt from this subchapter:
41-26 (1) sex offender registration records maintained by
41-27 the department or a local law enforcement agency under Chapter 62,
42-1 Code of Criminal Procedure; and
42-2 (2) records relating to a criminal combination or
42-3 criminal street gang maintained by the department or a local law
42-4 enforcement agency under Chapter 61, Code of Criminal Procedure.
42-5 Sec. 58.203. CERTIFICATION. The department shall certify to
42-6 the juvenile court or the juvenile probation department to which a
42-7 referral was made that resulted in information being submitted to
42-8 the juvenile justice information system that the records relating
42-9 to a person's juvenile case are subject to automatic restriction of
42-10 access if:
42-11 (1) the person is at least 21 years of age;
42-12 (2) the juvenile case did not include violent or
42-13 habitual felony conduct resulting in proceedings in the juvenile
42-14 court under Section 53.045;
42-15 (3) the juvenile case was not certified for trial in
42-16 criminal court under Section 54.02; and
42-17 (4) the department has not received a report in its
42-18 criminal history system that the person was granted deferred
42-19 adjudication for or convicted of a felony or a misdemeanor
42-20 punishable by confinement in jail for an offense committed after
42-21 the person became 17 years of age.
42-22 Sec. 58.204. RESTRICTED ACCESS ON CERTIFICATION. (a) On
42-23 certification of records in a case under Section 58.203, the
42-24 department, except as provided by Subsection (b):
42-25 (1) may not disclose the existence of the records or
42-26 any information from the records in response to an inquiry from:
42-27 (A) a law enforcement agency;
43-1 (B) a criminal or juvenile justice agency;
43-2 (C) a governmental or other agency given access
43-3 to information under Chapter 411, Government Code; or
43-4 (D) any other person, agency, organization, or
43-5 entity; and
43-6 (2) shall respond to a request for information about
43-7 the records by stating that the records do not exist.
43-8 (b) On certification of records in a case under Section
43-9 58.203, the department may permit access to the information in the
43-10 juvenile justice information system relating to the case of an
43-11 individual only:
43-12 (1) by a criminal justice agency for a criminal
43-13 justice purpose, as those terms are defined by Section 411.082,
43-14 Government Code; or
43-15 (2) for research purposes, by the Texas Juvenile
43-16 Probation Commission, the Texas Youth Commission, or the Criminal
43-17 Justice Policy Council.
43-18 Sec. 58.205. REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION
43-19 ON CERTIFICATION. On certification of records in a case under
43-20 Section 58.203, the department shall request the Federal Bureau of
43-21 Investigation to:
43-22 (1) place the information in its files on restricted
43-23 status, with access only by a criminal justice agency for a
43-24 criminal justice purpose, as those terms are defined by Section
43-25 411.082, Government Code; or
43-26 (2) if the action described in Subdivision (1) is not
43-27 feasible, delete all information in its database concerning the
44-1 case.
44-2 Sec. 58.206. EFFECT OF CERTIFICATION IN RELATION TO THE
44-3 PROTECTED PERSON. (a) On certification of records in a case under
44-4 Section 58.203:
44-5 (1) the person who is the subject of the records is
44-6 not required to state in any proceeding, except as otherwise
44-7 authorized by law in a criminal proceeding in which the person is
44-8 testifying as a defendant, or in any application for employment,
44-9 licensing, or other public or private benefit that the person has
44-10 been a respondent in a case under this title and may not be
44-11 punished, by perjury prosecution or otherwise, for denying:
44-12 (A) the existence of the records; or
44-13 (B) the person's participation in a juvenile
44-14 proceeding related to the records; and
44-15 (2) information from the records may not be admitted
44-16 against the person who is the subject of the records in a civil or
44-17 criminal proceeding except a proceeding in which a juvenile
44-18 adjudication was admitted under:
44-19 (A) Section 12.42, Penal Code;
44-20 (B) Article 37.07, Code of Criminal Procedure;
44-21 or
44-22 (C) as otherwise authorized by criminal
44-23 procedural law.
44-24 (b) A person who is the subject of records certified under
44-25 this subchapter may not waive the restricted status of the records
44-26 or the consequences of the restricted status.
44-27 Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. (a) On
45-1 certification of records in a case under Section 58.203, the
45-2 juvenile court shall order:
45-3 (1) that the following records relating to the case
45-4 may be accessed only as provided by Section 58.204(b):
45-5 (A) if the respondent was committed to the Texas
45-6 Youth Commission, records maintained by the commission;
45-7 (B) records maintained by the juvenile probation
45-8 department and by any agency that provided care or custody of the
45-9 child under order or arrangement of the juvenile court;
45-10 (C) records maintained by the clerk of the
45-11 court;
45-12 (D) records maintained by the prosecutor's
45-13 office; and
45-14 (E) records maintained by a law enforcement
45-15 agency; and
45-16 (2) the juvenile probation department to make a
45-17 reasonable effort to notify the person who is the subject of
45-18 records for which access has been restricted of the action
45-19 restricting access and the legal significance of the action for the
45-20 person.
45-21 (b) On receipt of an order under Subsection (a)(1), the
45-22 agency maintaining the records:
45-23 (1) may allow access only as provided by Section
45-24 58.204(b); and
45-25 (2) shall respond to a request for information about
45-26 the records by stating that the records do not exist.
45-27 Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the final
46-1 discharge of a child from the juvenile system or on the last
46-2 official action in the case, if there is no adjudication, the
46-3 appropriate juvenile justice official shall provide to the child:
46-4 (1) a written explanation of how automatic restricted
46-5 access under this subchapter works; and
46-6 (2) a copy of this subchapter.
46-7 Sec. 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR
46-8 TEXAS YOUTH COMMISSION. (a) When a child is placed on probation
46-9 for an offense that may be eligible for automatic restricted access
46-10 at age 21 or when a child is received by the Texas Youth Commission
46-11 on an indeterminate commitment, a probation officer or an official
46-12 at the Texas Youth Commission reception center, as soon as
46-13 practicable, shall explain the substance of the following
46-14 information to the child:
46-15 (1) if the child was adjudicated as having committed
46-16 delinquent conduct for a felony or jailable misdemeanor, that the
46-17 child probably has a juvenile record with the department and the
46-18 Federal Bureau of Investigation;
46-19 (2) that the child's juvenile record is a permanent
46-20 record that is not destroyed or erased unless the record is
46-21 eligible for sealing and the child or the child's family hires a
46-22 lawyer and files a petition in court to have the record sealed;
46-23 (3) that the child's juvenile record, other than
46-24 treatment records made confidential by law, can be accessed by
46-25 police, sheriff's officers, prosecutors, probation officers,
46-26 correctional officers, and other criminal and juvenile justice
46-27 officials in this state and elsewhere;
47-1 (4) that the child's juvenile record, other than
47-2 treatment records made confidential by law, can be accessed by
47-3 employers, educational institutions, licensing agencies, and other
47-4 organizations when the child applies for employment or educational
47-5 programs;
47-6 (5) if the child's juvenile record is placed on
47-7 restricted access when the child becomes 21 years of age, that
47-8 access will be denied to employers, educational institutions, and
47-9 others except for criminal justice agencies;
47-10 (6) that to have the child's juvenile record placed on
47-11 restricted access at age 21, the child must not:
47-12 (A) commit a felony or jailable misdemeanor; and
47-13 (B) receive deferred adjudication for or be
47-14 convicted in adult court of a felony or jailable misdemeanor; and
47-15 (7) that restricted access does not require any action
47-16 by the child or the child's family, including the filing of a
47-17 petition or hiring of a lawyer, but occurs automatically at age 21
47-18 if the child does not commit a criminal offense in the future.
47-19 (b) The probation officer or Texas Youth Commission official
47-20 shall:
47-21 (1) give the child a written copy of the explanation
47-22 provided; and
47-23 (2) communicate the same information to at least one
47-24 of the child's parents or, if none can be found, to the child's
47-25 guardian or custodian.
47-26 (c) The Texas Juvenile Probation Commission and the Texas
47-27 Youth Commission shall adopt rules to implement this section and to
48-1 facilitate the effective explanation of the information required to
48-2 be communicated by this section.
48-3 Sec. 58.210. SEALING OR DESTRUCTION OF RECORDS NOT AFFECTED.
48-4 (a) This subchapter does not prevent or restrict the sealing or
48-5 destruction of juvenile records as authorized by law.
48-6 (b) Restricted access provided under this subchapter is in
48-7 addition to sealing or destruction of juvenile records.
48-8 (c) A person who is the subject of records certified under
48-9 this subchapter is entitled to access to the records for the
48-10 purpose of preparing and presenting a motion to seal or destroy the
48-11 records.
48-12 SUBCHAPTER D. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM
48-13 Sec. 58.301. DEFINITIONS. In this subchapter:
48-14 (1) "County juvenile board" means a juvenile board
48-15 created under Chapter 152, Human Resources Code.
48-16 (2) "Governmental placement facility" means a juvenile
48-17 residential placement facility operated by a unit of government.
48-18 (3) "Governmental service provider" means a juvenile
48-19 justice service provider operated by a unit of government.
48-20 (4) "Local juvenile justice information system" means
48-21 a county or multicounty computerized database of information
48-22 concerning children, with data entry and access by the partner
48-23 agencies that are members of the system.
48-24 (5) "Partner agency" means a governmental service
48-25 provider or governmental placement facility that is required by
48-26 this subchapter to be a member of a local juvenile justice
48-27 information system or that has applied to be a member of a local
49-1 juvenile justice information system and has been approved by the
49-2 county juvenile board or regional juvenile board committee as a
49-3 member of the system.
49-4 (6) "Regional juvenile board committee" means a
49-5 committee that is composed of two members from each county juvenile
49-6 board in a region that comprises a multicounty local juvenile
49-7 information system.
49-8 Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local
49-9 juvenile justice information system are to:
49-10 (1) provide accurate information at the county or
49-11 regional level relating to children who come into contact with the
49-12 juvenile justice system;
49-13 (2) assist in the development and delivery of services
49-14 to children in the juvenile justice system;
49-15 (3) assist in the development and delivery of services
49-16 to children:
49-17 (A) who school officials have reasonable cause
49-18 to believe have committed an offense for which a report is required
49-19 under Section 37.015, Education Code; or
49-20 (B) who have been expelled, the expulsion of
49-21 which school officials are required to report under Section 52.041;
49-22 (4) provide for an efficient transmission of juvenile
49-23 records from justice and municipal courts to county juvenile
49-24 probation departments and the juvenile court and from county
49-25 juvenile probation departments and juvenile court to the state
49-26 juvenile justice information system created by Subchapter B;
49-27 (5) provide efficient computerized case management
50-1 resources to juvenile courts, county juvenile probation
50-2 departments, and partner agencies authorized by this subchapter;
50-3 (6) provide a directory of services available to
50-4 children to the partner agencies to facilitate the delivery of
50-5 services to children;
50-6 (7) provide an efficient means for municipal and
50-7 justice courts to report filing of charges, adjudications, and
50-8 dispositions of juveniles to the juvenile court as required by
50-9 Section 51.08; and
50-10 (8) provide a method for agencies to fulfill their
50-11 duties under Section 58.108, including the electronic transmission
50-12 of information required to be sent to the Department of Public
50-13 Safety by Section 58.110(f).
50-14 Sec. 58.303. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM.
50-15 (a) Juvenile justice agencies in a county or region of this state
50-16 may jointly create and maintain a local juvenile justice
50-17 information system to aid in processing the cases of children under
50-18 this code, to facilitate the delivery of services to children in
50-19 the juvenile justice system, and to aid in the early identification
50-20 of at-risk and delinquent children.
50-21 (b) A local juvenile justice information system must contain
50-22 the following components:
50-23 (1) case management resources for juvenile courts,
50-24 prosecuting attorneys, and county juvenile probation departments;
50-25 (2) reporting systems to fulfill statutory
50-26 requirements for reporting in the juvenile justice system;
50-27 (3) service provider directories and indexes of
51-1 agencies providing services to children; and
51-2 (4) victim-witness notices required under Chapter 57.
51-3 (c) A local juvenile justice information system may contain
51-4 the following components:
51-5 (1) electronic filing of complaints or petitions;
51-6 (2) electronic offense and intake processing;
51-7 (3) case docket management and calendaring;
51-8 (4) communications by email or other electronic
51-9 communications between partner agencies;
51-10 (5) reporting of charges filed, adjudications and
51-11 dispositions of juveniles by municipal and justice courts and the
51-12 juvenile court, and transfers of cases to the juvenile court as
51-13 authorized or required by Section 51.08;
51-14 (6) reporting to schools under Article 15.27, Code of
51-15 Criminal Procedure, by law enforcement agencies, prosecuting
51-16 attorneys, and juvenile courts;
51-17 (7) records of adjudications and dispositions,
51-18 including probation conditions ordered by the juvenile court; and
51-19 (8) warrant management and confirmation capabilities.
51-20 (d) Membership in a local juvenile justice information
51-21 system is determined by this subchapter. Membership in a regional
51-22 juvenile justice information system is determined by the regional
51-23 juvenile board committee from among partner agencies that have
51-24 applied for membership.
51-25 Sec. 58.304. TYPES OF INFORMATION CONTAINED IN A LOCAL
51-26 JUVENILE INFORMATION SYSTEM. (a) Subject to Subsection (d), a
51-27 local juvenile justice information system must consist of:
52-1 (1) information relating to all referrals to the
52-2 juvenile court of any type, including referrals for conduct
52-3 indicating a need for supervision and delinquent conduct; and
52-4 (2) information relating to:
52-5 (A) the juvenile;
52-6 (B) the intake or referral of the juvenile into
52-7 the juvenile justice system for any offense or conduct;
52-8 (C) the detention of the juvenile;
52-9 (D) the prosecution of the juvenile;
52-10 (E) the disposition of the juvenile's case,
52-11 including the name and description of any program to which the
52-12 juvenile is referred; and
52-13 (F) the probation, placement, or commitment of
52-14 the juvenile.
52-15 (b) To the extent possible and subject to Subsections (a)
52-16 and (d), the local juvenile justice information system may include
52-17 the following information for each juvenile taken into custody,
52-18 detained, or referred under this title:
52-19 (1) the juvenile's name, including other names by
52-20 which the juvenile is known;
52-21 (2) the juvenile's date and place of birth;
52-22 (3) the juvenile's physical description, including
52-23 sex, weight, height, race, ethnicity, eye color, hair color, scars,
52-24 marks, and tattoos;
52-25 (4) the juvenile's state identification number and
52-26 other identifying information;
52-27 (5) the juvenile's fingerprints and photograph;
53-1 (6) the juvenile's last known residential address,
53-2 including the census tract number designation for the address;
53-3 (7) the name, address, and phone number of the
53-4 juvenile's parent, guardian, or custodian;
53-5 (8) the name and identifying number of the agency that
53-6 took into custody or detained the juvenile;
53-7 (9) each date of custody or detention;
53-8 (10) a detailed description of the conduct for which
53-9 the juvenile was taken into custody, detained, or referred,
53-10 including the level and degree of the alleged offense;
53-11 (11) the name and identifying number of the juvenile
53-12 intake agency or juvenile probation office;
53-13 (12) each disposition by the juvenile intake agency or
53-14 juvenile probation office;
53-15 (13) the date of disposition by the juvenile intake
53-16 agency or juvenile probation office;
53-17 (14) the name and identifying number of the
53-18 prosecutor's office;
53-19 (15) each disposition by the prosecutor;
53-20 (16) the date of disposition by the prosecutor;
53-21 (17) the name and identifying number of the court;
53-22 (18) each disposition by the court, including
53-23 information concerning custody of a juvenile by a juvenile justice
53-24 agency or county juvenile probation department;
53-25 (19) the date of disposition by the court;
53-26 (20) any commitment or release under supervision by
53-27 the Texas Youth Commission, including the date of the commitment or
54-1 release; and
54-2 (21) information concerning each appellate proceeding.
54-3 (c) If the Department of Public Safety assigns a state
54-4 identification number for the juvenile, the identification number
54-5 shall be entered in the local juvenile information system.
54-6 (d) Information obtained for the purpose of diagnosis,
54-7 examination, evaluation, or treatment or for making a referral for
54-8 treatment of a child by a public or private agency or institution
54-9 providing supervision of a child by arrangement of the juvenile
54-10 court or having custody of the child under order of the juvenile
54-11 court may not be collected under Subsection (a) or (b).
54-12 Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile justice
54-13 information system for a single county shall include the following
54-14 partner agencies within that county:
54-15 (1) the juvenile court;
54-16 (2) justice of the peace and municipal courts;
54-17 (3) the county juvenile probation department;
54-18 (4) the prosecuting attorneys who prosecute juvenile
54-19 cases in juvenile court, municipal court, or justice court;
54-20 (5) law enforcement agencies;
54-21 (6) each public school district in the county;
54-22 (7) governmental service providers approved by the
54-23 county juvenile board; and
54-24 (8) governmental placement facilities approved by the
54-25 county juvenile board.
54-26 (b) A local juvenile justice information system for a
54-27 multicounty region shall include the partner agencies listed in
55-1 Subsections (a)(1)-(6) for each county in the region and the
55-2 following partner agencies from within the multicounty region that
55-3 have applied for membership in the system and have been approved by
55-4 the regional juvenile board committee:
55-5 (1) governmental service providers; and
55-6 (2) governmental placement facilities.
55-7 Sec. 58.306. ACCESS TO INFORMATION; LEVELS. (a) This
55-8 section describes the level of access to information to which each
55-9 partner agency in a local juvenile justice information system is
55-10 entitled.
55-11 (b) Information is at Access Level 1 if the information
55-12 relates to a child:
55-13 (1) who:
55-14 (A) a school official has reasonable grounds to
55-15 believe has committed an offense for which a report is required
55-16 under Section 37.015, Education Code; or
55-17 (B) has been expelled, the expulsion of which is
55-18 required to be reported under Section 52.041; and
55-19 (2) who has not been charged with a fineable only
55-20 offense, a status offense, or delinquent conduct.
55-21 (c) Information is at Access Level 2 if the information
55-22 relates to a child who:
55-23 (1) is alleged in a justice or municipal court to have
55-24 committed a fineable only offense, municipal ordinance violation,
55-25 or status offense; and
55-26 (2) has not been charged with delinquent conduct or
55-27 conduct indicating a need for supervision.
56-1 (d) Information is at Access Level 3 if the information
56-2 relates to a child who is alleged to have engaged in delinquent
56-3 conduct or conduct indicating a need for supervision.
56-4 (e) Level 1 Access is by public school districts in the
56-5 county or region served by the local juvenile justice information
56-6 system.
56-7 (f) Level 2 Access is by:
56-8 (1) justice of the peace courts that process juvenile
56-9 cases; and
56-10 (2) municipal courts that process juvenile cases.
56-11 (g) Level 3 Access is by:
56-12 (1) the juvenile court;
56-13 (2) the prosecuting attorney;
56-14 (3) the county juvenile probation department;
56-15 (4) law enforcement agencies;
56-16 (5) governmental service providers that are partner
56-17 agencies; and
56-18 (6) governmental placement facilities that are partner
56-19 agencies.
56-20 (h) Access for Level 1 agencies is only to information at
56-21 Level 1. Access for Level 2 agencies is only to information at
56-22 Levels 1 and 2. Access for Level 3 agencies is to information at
56-23 Levels 1, 2, and 3.
56-24 Sec. 58.307. CONFIDENTIALITY OF INFORMATION. (a)
56-25 Information that is part of a local juvenile justice system is not
56-26 public information and may not be released to the public, except as
56-27 authorized by law.
57-1 (b) Information that is part of a local juvenile justice
57-2 information system is for the professional use of the partner
57-3 agencies that are members of the system and may be used only by
57-4 authorized employees of those agencies to discharge duties of those
57-5 agencies.
57-6 (c) Information from a local juvenile justice information
57-7 system may not be disclosed to persons, agencies, or organizations
57-8 that are not members of the system except to the extent disclosure
57-9 is authorized or mandated by this title.
57-10 (d) Information in a local juvenile justice information
57-11 system is subject to destruction, sealing, or restricted access as
57-12 provided by this title.
57-13 (e) Information in a local juvenile justice information
57-14 system shall be protected from unauthorized access by a system of
57-15 access security and any access to information in a local juvenile
57-16 information system performed by browser software shall be at the
57-17 level of at least 128-bit encryption. A juvenile board or a
57-18 regional juvenile board committee shall require all partner
57-19 agencies to maintain security and restrict access in accordance
57-20 with the requirements of this title.
57-21 SECTION 42. Sections 59.003(a), (c), and (e), Family Code,
57-22 are amended to read as follows:
57-23 (a) Subject to Subsection (e), after a child's first
57-24 commission of delinquent conduct or conduct indicating a need for
57-25 supervision, the probation department or prosecuting attorney may,
57-26 or the juvenile court may, in a disposition hearing under Section
57-27 54.04 or a modification hearing under Section 54.05, assign a child
58-1 one of the following sanction levels according to the child's
58-2 conduct:
58-3 (1) for conduct indicating a need for supervision,
58-4 other than conduct described in Section 51.03(b)(5) or a Class A or
58-5 B misdemeanor, the sanction level is one;
58-6 (2) for conduct indicating a need for supervision
58-7 under Section 51.03(b)(5) or a Class A or B misdemeanor, other than
58-8 a misdemeanor involving the use or possession of a firearm, or for
58-9 delinquent conduct under Section 51.03(a)(2) [or (3)], the sanction
58-10 level is two;
58-11 (3) for a misdemeanor involving the use or possession
58-12 of a firearm or for a state jail felony or a felony of the third
58-13 degree, the sanction level is three;
58-14 (4) for a felony of the second degree, the sanction
58-15 level is four;
58-16 (5) for a felony of the first degree, other than a
58-17 felony involving the use of a deadly weapon or causing serious
58-18 bodily injury, the sanction level is five;
58-19 (6) for a felony of the first degree involving the use
58-20 of a deadly weapon or causing serious bodily injury, for an
58-21 aggravated controlled substance felony, or for a capital felony,
58-22 the sanction level is six; or
58-23 (7) for a felony of the first degree involving the use
58-24 of a deadly weapon or causing serious bodily injury, for an
58-25 aggravated controlled substance felony, or for a capital felony, if
58-26 the petition has been approved by a grand jury under Section
58-27 53.045, or if a petition to transfer the child to criminal court
59-1 has been filed under Section 54.02, the sanction level is seven.
59-2 (c) Subject to Subsection (e), if the child's subsequent
59-3 commission of delinquent conduct or conduct indicating a need for
59-4 supervision involves a violation of a penal law of a classification
59-5 that is the same as or greater than the classification of the
59-6 child's previous conduct, the juvenile court may assign the child a
59-7 sanction level authorized by law that is one level higher than the
59-8 previously assigned sanction level[, unless:]
59-9 [(1) the child's previously assigned sanction level is
59-10 five and the child has not been adjudicated for delinquent conduct;]
59-11 [(2) the child's previously assigned sanction level is
59-12 six, unless the subsequent violation is of a provision listed under
59-13 Section 53.045(a) and the petition has been approved by a grand
59-14 jury under Section 53.045; or]
59-15 [(3) the child's previously assigned sanction level is
59-16 seven].
59-17 (e) Except as otherwise provided by this subsection, a [A]
59-18 juvenile court or probation department that deviates from the
59-19 guidelines under this section shall state in writing its reasons
59-20 for the deviation and submit the statement to the juvenile board
59-21 regardless of whether a progressive sanctions program has been
59-22 adopted by the juvenile board. Nothing in this chapter prohibits
59-23 the imposition of appropriate sanctions that are different from
59-24 those provided at any sanction level. A juvenile court that makes
59-25 a disposition required by this title that deviates from the
59-26 guidelines under this section is not required to report the
59-27 disposition as a deviation.
60-1 SECTION 43. Section 59.007(a), Family Code, is amended to
60-2 read as follows:
60-3 (a) For a child at sanction level four, the juvenile court
60-4 may:
60-5 (1) require the child to participate as a condition of
60-6 probation for not less than three months or more than 12 months in
60-7 an [a highly] intensive services probation [and regimented] program
60-8 that emphasizes frequent contact and reporting with a probation
60-9 officer, discipline, intensive supervision services [physical
60-10 fitness], social responsibility, and productive work;
60-11 (2) after release from the program described by
60-12 Subdivision (1), continue the child on probation supervision for
60-13 not less than six months or more than 12 months;
60-14 (3) require the child to make restitution to the
60-15 victim of the child's conduct or perform community service
60-16 restitution appropriate to the nature and degree of harm caused and
60-17 according to the child's ability;
60-18 (4) impose highly structured restrictions on the
60-19 child's activities and requirements for behavior of the child as
60-20 conditions of probation;
60-21 (5) require a probation officer to closely monitor the
60-22 child;
60-23 (6) require the child or the child's parents or
60-24 guardians to participate in programs or services designed to
60-25 address their particular needs and circumstances; and
60-26 (7) if appropriate, impose additional sanctions.
60-27 SECTION 44. Section 59.011, Family Code, is amended to read
61-1 as follows:
61-2 Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
61-3 require the juvenile probation department to [prepare a] report
61-4 progressive sanction data electronically to the Texas Juvenile
61-5 Probation Commission in the format and time frames specified by the
61-6 commission [, at least quarterly on forms provided by the
61-7 commission, showing the referrals, probation or progressive
61-8 sanctions violations, and commitments to the Texas Youth Commission
61-9 administered under this chapter according to the progressive
61-10 sanctions guidelines and the reasons for any deviations from the
61-11 guidelines].
61-12 SECTION 45. Section 59.012, Family Code, is amended to read
61-13 as follows:
61-14 Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
61-15 (a) [The Texas Youth Commission shall compile information, at
61-16 least quarterly, showing the commitments, placements, parole
61-17 releases, and revocations administered under this chapter according
61-18 to the progressive sanctions guidelines and the reasons for any
61-19 deviation from the guidelines.]
61-20 [(b) The Texas Juvenile Probation Commission and the Texas
61-21 Youth Commission shall compile the information obtained under this
61-22 section and Section 59.011 and submit this information to the
61-23 Criminal Justice Policy Council.]
61-24 [(c)] The Criminal Justice Policy Council shall analyze
61-25 trends related to juvenile referrals, compliance with the
61-26 progressive sanctions guidelines, and the impact of the guidelines
61-27 and related reforms on recidivism rates using standard scientific
62-1 sampling or appropriate scientific methodologies to represent
62-2 statewide patterns. The council shall compile other policy studies
62-3 as determined by the executive director of the council or as
62-4 requested by the governor, lieutenant governor, or speaker of the
62-5 house of representatives to assist in policy development.
62-6 (b) The Criminal Justice Policy Council shall report its
62-7 findings and related recommendations to improve juvenile justice
62-8 policies to the governor and the members of the legislature on or
62-9 before January 15 of each odd-numbered year.
62-10 (c) The Criminal Justice Policy Council may incorporate its
62-11 findings and recommendations under this section into its report
62-12 required under Section 413.013, Government Code [the information
62-13 compiled by the Texas Juvenile Probation Commission and the Texas
62-14 Youth Commission under this section and submit the council's
62-15 findings and recommendations at least annually to the governor and
62-16 both houses of the legislature showing the primary reasons for any
62-17 deviation and the effect of the implementation of the sanctions
62-18 guidelines on recidivism rates].
62-19 SECTION 46. Section 261.103(a), Family Code, is amended to
62-20 read as follows:
62-21 (a) Except as provided by Subsection (b) and Section
62-22 261.405, a report shall be made to:
62-23 (1) any local or state law enforcement agency;
62-24 (2) the department if the alleged or suspected abuse
62-25 involves a person responsible for the care, custody, or welfare of
62-26 the child;
62-27 (3) the state agency that operates, licenses,
63-1 certifies, or registers the facility in which the alleged abuse or
63-2 neglect occurred; or
63-3 (4) the agency designated by the court to be
63-4 responsible for the protection of children.
63-5 SECTION 47. Section 261.405, Family Code, is amended to read
63-6 as follows:
63-7 Sec. 261.405. INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS
63-8 AND FACILITIES. (a) In this section:
63-9 (1) "Juvenile justice facility" means a facility
63-10 operated wholly or partly by the juvenile board or by a private
63-11 vendor under a contract with the juvenile board or county that
63-12 serves juveniles under juvenile court jurisdiction. The term
63-13 includes:
63-14 (A) a public or private juvenile
63-15 pre-adjudication secure detention facility, including a holdover
63-16 facility;
63-17 (B) a public or private juvenile
63-18 post-adjudication secure correctional facility except for a
63-19 facility operated solely for children committed to the Texas Youth
63-20 Commission; and
63-21 (C) a public or private non-secure juvenile
63-22 post-adjudication residential treatment facility that is not
63-23 licensed by the Department of Protective and Regulatory Services or
63-24 the Texas Commission on Alcohol and Drug Abuse.
63-25 (2) "Juvenile justice program" means a program
63-26 operated wholly or partly by the juvenile board or by a private
63-27 vendor under a contract with a juvenile board that serves juveniles
64-1 under juvenile court jurisdiction. The term includes:
64-2 (A) a juvenile justice alternative education
64-3 program; and
64-4 (B) a non-residential program that serves
64-5 juvenile offenders under the jurisdiction of the juvenile court.
64-6 (b) A report of alleged abuse or neglect in any [a public or
64-7 private] juvenile justice program or [pre-adjudication secure
64-8 detention] facility[, including hold-over facilities, or public or
64-9 private juvenile post-adjudication secure correctional facility,
64-10 except for a facility operated solely for children committed to the
64-11 Texas Youth Commission,] shall be made to the Texas Juvenile
64-12 Probation Commission and a local law enforcement agency for
64-13 investigation. [The local law enforcement agency shall immediately
64-14 notify the Texas Juvenile Probation Commission of any report the
64-15 agency receives.]
64-16 (c) [(b)] The Texas Juvenile Probation Commission shall
64-17 conduct an investigation as provided by this chapter if the
64-18 commission receives a report of alleged abuse or neglect in any
64-19 juvenile justice program or facility[, including a juvenile justice
64-20 alternative education program, operated wholly or partly by:]
64-21 [(1) a local juvenile probation department; or]
64-22 [(2) a private vendor operating under the authority of
64-23 a county juvenile board in accordance with the standards adopted by
64-24 the commission].
64-25 (d) [(c)] In an investigation required under this section,
64-26 the investigating agency shall have access to medical and mental
64-27 health records as provided by Subchapter D.
65-1 SECTION 48. Subsections (a) and (g), Article 15.27, Code of
65-2 Criminal Procedure, are amended to read as follows:
65-3 (a) A law enforcement agency that arrests any person or
65-4 refers a child to the office or official designated by the juvenile
65-5 board [court] who the agency believes is enrolled as a student in a
65-6 public primary or secondary school, for an offense listed in
65-7 Subsection (h), shall attempt to ascertain whether the person is so
65-8 enrolled. If the law enforcement agency ascertains that the
65-9 individual is enrolled as a student in a public primary or
65-10 secondary school, the agency shall orally notify the superintendent
65-11 or a person designated by the superintendent in the school district
65-12 in which the student is enrolled of that arrest or referral within
65-13 24 hours after the arrest or referral is made, or on the next
65-14 school day. If the law enforcement agency cannot ascertain whether
65-15 the individual is enrolled as a student, the agency shall orally
65-16 notify the superintendent or a person designated by the
65-17 superintendent in the school district in which the student is
65-18 believed to be enrolled of that arrest or detention within 24 hours
65-19 after the arrest or detention, or on the next school day. If the
65-20 individual is a student, the superintendent shall promptly notify
65-21 all instructional and support personnel who have responsibility for
65-22 supervision of the student. All personnel shall keep the
65-23 information received in this subsection confidential. The State
65-24 Board for Educator Certification may revoke or suspend the
65-25 certification of personnel who intentionally violate this
65-26 subsection. Within seven days after the date the oral notice is
65-27 given, the law enforcement agency shall mail written notification,
66-1 marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
66-2 superintendent or the person designated by the superintendent. Both
66-3 the oral and written notice shall contain sufficient details of the
66-4 arrest or referral and the acts allegedly committed by the student
66-5 to enable the superintendent or the superintendent's designee to
66-6 determine whether there is a reasonable belief that the student has
66-7 engaged in conduct defined as a felony offense by the Penal Code.
66-8 The information contained in the notice may be considered by the
66-9 superintendent or the superintendent's designee in making such a
66-10 determination.
66-11 (g) The office of the prosecuting attorney or the office or
66-12 official designated by the juvenile board [court] shall, within two
66-13 working days, notify the school district that removed a student to
66-14 an alternative education program under Section 37.006, Education
66-15 Code, if:
66-16 (1) prosecution of the student's case was refused for
66-17 lack of prosecutorial merit or insufficient evidence and no formal
66-18 proceedings, deferred adjudication, or deferred prosecution will be
66-19 initiated; or
66-20 (2) the court or jury found the student not guilty or
66-21 made a finding the child did not engage in delinquent conduct or
66-22 conduct indicating a need for supervision and the case was
66-23 dismissed with prejudice.
66-24 SECTION 49. Article 15.27(h), Code of Criminal Procedure, as
66-25 amended by Chapters 1015 and 1233, Acts of the 75th Legislature,
66-26 Regular Session, 1997, is reenacted and amended to read as follows:
66-27 (h) This article applies to any felony offense and the
67-1 following misdemeanors:
67-2 (1) an offense under Section [19.02, 19.03, 19.04,
67-3 19.05,] 20.02, [20.03, 20.04,] 21.08, [21.11,] 22.01, [22.011,
67-4 22.02, 22.021, 22.04,] 22.05, 22.07, [28.02, 29.02, 29.03, 30.02,]
67-5 or 71.02, Penal Code;
67-6 (2) the unlawful use, sale, or possession of a
67-7 controlled substance, drug paraphernalia, or marihuana, as defined
67-8 by Chapter 481, Health and Safety Code; or
67-9 (3) the unlawful possession of any of the weapons or
67-10 devices listed in Sections 46.01(1)-(14) or (16), Penal Code,[;] or
67-11 a weapon listed as a prohibited weapon under Section 46.05, Penal
67-12 Code[; or]
67-13 [(4) a felony offense in which a deadly weapon, as
67-14 defined by Section 1.07, Penal Code, was used or exhibited].
67-15 SECTION 50. Subchapter B, Chapter 45, Code of Criminal
67-16 Procedure, is amended by adding Article 45.0216 to read as follows:
67-17 Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS OF
67-18 CHILDREN. (a) In this article, "child" has the meaning assigned by
67-19 Section 51.02, Family Code.
67-20 (b) A person convicted of not more than one offense
67-21 described by Section 8.07(a)(4) or (5), Penal Code, while the
67-22 person was a child may, on or after the person's 17th birthday,
67-23 apply to the court in which the child was convicted to have the
67-24 conviction expunged as provided by this article.
67-25 (c) The person must make a written request to have the
67-26 records expunged. The request must be under oath.
67-27 (d) The request must contain the person's statement that the
68-1 person was not convicted while the person was a child of any
68-2 offense described by Section 8.07(a)(4) or (5), Penal Code, other
68-3 than the offense the person seeks to have expunged.
68-4 (e) The judge shall inform the person and any parent in open
68-5 court of the person's expunction rights and provide them with a
68-6 copy of this article.
68-7 (f) If the court finds that the person was not convicted of
68-8 any other offense described by Section 8.07(a)(4) or (5), Penal
68-9 Code, while the person was a child, the court shall order the
68-10 conviction, together with all complaints, verdicts, sentences, and
68-11 prosecutorial and law enforcement records, and any other documents
68-12 relating to the offense, expunged from the person's record. After
68-13 entry of the order, the person is released from all disabilities
68-14 resulting from the conviction and the conviction may not be shown
68-15 or made known for any purpose.
68-16 (g) This article does not apply to any offense otherwise
68-17 covered by:
68-18 (1) Chapter 106, Alcoholic Beverage Code;
68-19 (2) Chapter 161, Health and Safety Code; or
68-20 (3) Section 25.094, Education Code.
68-21 (h) Records of a person under 17 years of age relating to a
68-22 complaint dismissed as provided by Article 45.051 or 45.052 may be
68-23 expunged under this article.
68-24 (i) The justice or municipal court may not require a person
68-25 who requests expungement under this article to pay any fee or court
68-26 costs.
68-27 (j) The procedures for expunction provided under this
69-1 article are separate and distinct from the expunction procedures
69-2 under Chapter 55.
69-3 SECTION 51. Article 45.050(b), Code of Criminal Procedure, is
69-4 amended to read as follows:
69-5 (b) If a person who is a child under Section 51.02, Family
69-6 Code, fails to obey an order of a justice or municipal court under
69-7 circumstances that would constitute contempt of court, the justice
69-8 or municipal court has jurisdiction to:
69-9 (1) hold the child in contempt of the justice or
69-10 municipal court order as provided by Section 54.023 [52.027(h)],
69-11 Family Code; or
69-12 (2) refer the child to the appropriate juvenile court
69-13 for delinquent conduct for contempt of the justice or municipal
69-14 court order.
69-15 SECTION 52. Subchapter B, Chapter 45, Code of Criminal
69-16 Procedure, is amended by adding Article 45.054 to read as follows:
69-17 Art. 45.054. AUTHORITY TO EMPLOY CASE MANAGERS FOR JUVENILE
69-18 CASES. (a) A justice or municipal court, with the written consent
69-19 of the city council or the commissioners court, as appropriate, may
69-20 employ a case manager to provide services in cases before the court
69-21 dealing with juvenile offenders consistent with the court's
69-22 statutory powers.
69-23 (b) One or more justice or municipal courts, with the
69-24 written consent of the city council or the commissioners court, as
69-25 appropriate, may agree under Chapter 791, Government Code, to
69-26 jointly employ a case manager.
69-27 SECTION 53. Article 62.12(a), Code of Criminal Procedure, is
70-1 amended to read as follows:
70-2 (a) The duty to register for a person with a reportable
70-3 conviction [or adjudication] for a sexually violent offense or for
70-4 an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal Code,
70-5 ends when the person dies. This subsection does not apply to an
70-6 adjudication by a juvenile court under Title 3, Family Code.
70-7 SECTION 54. Chapter 62, Code of Criminal Procedure, is
70-8 amended by adding Article 62.13 to read as follows:
70-9 Art. 62.13. HEARING TO DETERMINE NEED FOR REGISTRATION OF A
70-10 JUVENILE. (a) A person who has an adjudication of delinquent
70-11 conduct that would otherwise be reportable under Article 62.01(5)
70-12 does not have a reportable adjudication of delinquent conduct for
70-13 purposes of this chapter if the juvenile court enters an order
70-14 under this article excusing compliance by the person with the
70-15 registration requirements of this chapter.
70-16 (b) After disposition of a case under Section 54.04, Family
70-17 Code, for adjudication of an offense for which registration is
70-18 required under this chapter, the juvenile court on motion of the
70-19 respondent shall conduct a hearing to determine whether the
70-20 interests of the public require registration under this chapter.
70-21 (c) The hearing is without a jury and the burden of
70-22 persuasion is on the respondent to show by a preponderance of
70-23 evidence that the criteria of Subsection (e) have been met. The
70-24 court at the hearing may make its determination based on:
70-25 (1) the receipt of exhibits;
70-26 (2) the testimony of witnesses;
70-27 (3) representations of counsel for the parties; or
71-1 (4) the contents of a social history report prepared
71-2 by the juvenile probation department that may include the results
71-3 of testing and examination of the respondent by a psychologist,
71-4 psychiatrist, or counselor.
71-5 (d) All written matter considered by the court shall be
71-6 disclosed to all parties as provided by Section 54.04(b), Family
71-7 Code.
71-8 (e) The court shall enter an order excusing compliance with
71-9 the registration requirements of this chapter if the court
71-10 determines:
71-11 (1) that the protection of the public would not be
71-12 increased by registration of the respondent under this chapter; or
71-13 (2) that any potential increase in protection of the
71-14 public resulting from registration is clearly outweighed by the
71-15 anticipated substantial harm to the respondent and the respondent's
71-16 family that would result from registration under this chapter.
71-17 (f) The prosecuting attorney may waive the state's right to
71-18 a hearing under this article and agree that registration under this
71-19 chapter is not required. If the waiver is entered under a plea
71-20 agreement, the court shall without a hearing enter an order
71-21 excusing compliance with the registration requirements of this
71-22 chapter or, under Section 54.03(j), Family Code, inform the
71-23 respondent that the court believes a hearing under this article is
71-24 required and give the respondent the opportunity to withdraw the
71-25 respondent's plea of guilty, nolo contendere, or true or to affirm
71-26 the respondent's plea and participate in the hearing. If the
71-27 waiver is entered other than under a plea agreement, the court
72-1 shall without a hearing enter an order excusing compliance with the
72-2 registration requirements of this chapter. The waiver must state
72-3 whether or not it is entered under a plea agreement. The
72-4 respondent may as part of a plea agreement promise not to file a
72-5 motion seeking an order excusing registration, in which case the
72-6 court may not recognize the motion.
72-7 (g) Notwithstanding Section 56.01, Family Code, on entry by
72-8 a juvenile court of an order under Subsection (e) excusing
72-9 registration under this chapter, the prosecuting attorney may
72-10 appeal that order by giving notice of appeal within the time
72-11 required under Rule 26.2(b), Texas Rules of Appellate Procedure.
72-12 The appeal is civil and the standard of review in the appellate
72-13 court is whether the juvenile court committed procedural error or
72-14 abused its discretion in excusing compliance with registration.
72-15 The appeal is limited to review of the order excusing compliance
72-16 with registration and may not include any other issues in the case.
72-17 (h) The respondent may under Section 56.01, Family Code,
72-18 appeal the juvenile court's order requiring registration in the
72-19 same manner as the appeal of any other legal issue in the case.
72-20 The standard of review in the appellate court is whether the
72-21 juvenile court committed procedural error or abused its discretion
72-22 in not excusing compliance with registration.
72-23 (i) If the juvenile court enters an order excusing
72-24 registration, the respondent may not be required to register in
72-25 this or any other state for the offense for which registration was
72-26 excused.
72-27 (j) After a hearing under Subsection (b) or under a plea
73-1 agreement under Subsection (f), the juvenile court may enter an
73-2 order deferring decision on requiring registration until the
73-3 respondent has completed a sex offender treatment program as a
73-4 condition of probation or while committed to the Texas Youth
73-5 Commission. The court retains discretion to require or to excuse
73-6 registration at any time during the treatment program or on its
73-7 successful or unsuccessful completion. During the period of
73-8 deferral, registration may not be required.
73-9 (k) After a hearing under Subsection (b) or under a plea
73-10 agreement under Subsection (f), the juvenile court may enter an
73-11 order requiring the respondent to register as a sex offender but
73-12 provide that the registration information is not public information
73-13 and is restricted to use by law enforcement and criminal justice
73-14 agencies. Information obtained under this subsection may not be
73-15 posted on the Internet or released to the public.
73-16 (l) A person who has registered as a sex offender for an
73-17 adjudication of delinquent conduct, regardless of when the
73-18 delinquent conduct or the adjudication for the conduct occurred,
73-19 may file a motion in the adjudicating juvenile court for a hearing
73-20 seeking excusal from registration as provided by Subsection (e) or
73-21 seeking under Subsection (k) an order that the registration become
73-22 nonpublic.
73-23 (m) The person may file a motion under Subsection (l) in the
73-24 original juvenile case regardless of whether the person is at the
73-25 time of filing 18 years of age or older. Notice of the motion
73-26 shall be provided to the prosecuting attorney. A hearing on the
73-27 motion shall be provided as in other cases under this article.
74-1 (n) A motion may be filed under Subsection (l) only if a
74-2 previous motion under this article has not been filed concerning
74-3 that case.
74-4 (o) To the extent feasible, the motion under Subsection (l)
74-5 shall identify those public and private agencies and organizations
74-6 that possess sex offender registration information about the case.
74-7 (p) The juvenile court, after a hearing, may:
74-8 (1) deny the motion;
74-9 (2) grant the motion to excuse all registration; or
74-10 (3) grant the motion to change the registration from
74-11 public to nonpublic.
74-12 (q) If the court grants the motion, a copy of the court's
74-13 order shall be sent to each public and private agency or
74-14 organization that the court determines may be in possession of sex
74-15 offender registration information. The order shall require the
74-16 recipient to conform its records to the court's orders either by
74-17 deleting the information or changing its status to nonpublic, as
74-18 the order requires.
74-19 (r) A private agency or organization that possesses sex
74-20 offender registration information it obtained from a state, county,
74-21 or local governmental entity is required to conform its records to
74-22 the court's order on or before the 30th day after the date of its
74-23 entry. Failure to comply in that period automatically bars the
74-24 agency or organization from obtaining sex offender registration
74-25 information from any state, county, or local governmental entity in
74-26 this state in the future.
74-27 SECTION 55. Section 25.094(d), Education Code, is amended to
75-1 read as follows:
75-2 (d) If the justice or municipal court believes [finds] that
75-3 a child has violated an order issued under Subsection (c), the
75-4 court may proceed as authorized by Section 54.023, Family Code, by
75-5 holding [shall transfer the complaint against] the child in
75-6 contempt and imposing a fine not to exceed $500 or by referring[,
75-7 together with all pleadings and orders, to a juvenile court for the
75-8 county in which] the child to [resides. The] juvenile court for
75-9 delinquent [shall] conduct [an adjudication hearing as provided by
75-10 Section 54.03, Family Code. The adjudication hearing shall be de
75-11 novo].
75-12 SECTION 56. Subchapter F, Chapter 411, Government Code, is
75-13 amended by adding Sections 411.137 and 411.138 to read as follows:
75-14 Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
75-15 TEXAS JUVENILE PROBATION COMMISSION. The Texas Juvenile Probation
75-16 Commission is entitled to obtain from the department criminal
75-17 history record information maintained by the department that
75-18 relates to a person who is:
75-19 (1) an applicant for a position with the commission;
75-20 (2) an applicant for certification from the
75-21 commission; or
75-22 (3) a holder of a certification from the commission.
75-23 Sec. 411.138. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
75-24 JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT. A juvenile board
75-25 or juvenile probation department is entitled to obtain from the
75-26 department criminal history record information maintained by the
75-27 department that relates to a person who is:
76-1 (1) an applicant for a position with the juvenile
76-2 probation department;
76-3 (2) an employee for whom the juvenile board or
76-4 juvenile probation department will seek certification from the
76-5 Texas Juvenile Probation Commission; or
76-6 (3) an employee or department applicant who currently
76-7 holds certification from the Texas Juvenile Probation Commission.
76-8 SECTION 57. Section 499.053, Government Code, is amended by
76-9 adding Subsection (d) to read as follows:
76-10 (d) A person transferred from the Texas Youth Commission for
76-11 the offense of capital murder shall become eligible for parole as
76-12 provided in Section 508.145(d) for an offense listed in Section 3g,
76-13 Article 42.12, Code of Criminal Procedure, or an offense for which
76-14 a deadly weapon finding has been made.
76-15 SECTION 58. Section 141.042, Human Resources Code, is amended
76-16 by amending Subsection (e) and adding Subsection (g) to read as
76-17 follows:
76-18 (e) Juvenile probation departments shall use the mental
76-19 health screening instrument selected [standard assessment tool
76-20 developed] by the commission [or a similar tool developed by a
76-21 juvenile probation department and approved by the commission] for
76-22 the initial screening [assessment] of children under the
76-23 jurisdiction of probation departments who have been formally
76-24 referred to the department. The commission shall give priority to
76-25 training in the use of this instrument [tool] in any preservice or
76-26 in-service training that the commission provides for probation
76-27 officers. Juvenile probation departments shall report data [the
77-1 information relating to the results] from the use of the screening
77-2 instrument [standard assessment tool or other similar tool] to the
77-3 commission in a format and in the time [manner] prescribed by the
77-4 commission. [The assessment tool shall:]
77-5 [(1) facilitate assessment of a child's mental health,
77-6 family background, and level of education; and]
77-7 [(2) assist juvenile probation departments in
77-8 determining when a child in the department's jurisdiction is in
77-9 need of comprehensive psychological or other evaluation.]
77-10 (g) Any statement made by a child and any mental health data
77-11 obtained from the child during the administration of the mental
77-12 health screening instrument under this section is not admissible
77-13 against the child at any other hearing. The person administering
77-14 the mental health screening instrument shall inform the child that
77-15 any statement made by the child and any mental health data obtained
77-16 from the child during the administration of the instrument is not
77-17 admissible against the child at any other hearing.
77-18 SECTION 59. Section 141.0471(c), Human Resources Code, is
77-19 amended to read as follows:
77-20 (c) The governing board of each [Each] agency shall [by
77-21 rule] adopt the coordinated strategic plan on or before December
77-22 1st of each odd-numbered year, or before the adoption of the
77-23 agency's individual strategic plan, whichever is earlier.
77-24 SECTION 60. Section 141.061, Human Resources Code, is amended
77-25 by adding Subsection (f) to read as follows:
77-26 (f) The commission may waive the degree accreditation
77-27 requirement in Subsection (a)(2) if the applicant possesses a
78-1 foreign or other degree that the commission determines is the
78-2 substantial equivalent of a bachelor's degree. The commission
78-3 shall adopt rules defining the procedures to be used to request a
78-4 waiver of the accreditation requirement in Subsection (a)(2).
78-5 SECTION 61. Section 141.065, Human Resources Code, is amended
78-6 to read as follows:
78-7 Sec. 141.065. PERSONS WHO MAY NOT ACT AS JUVENILE PROBATION,
78-8 DETENTION, OR CORRECTIONS OFFICERS. A peace officer, prosecuting
78-9 attorney, or other person who is employed by or who reports
78-10 directly to a law enforcement or prosecution official may not act
78-11 as a juvenile probation, detention, or corrections officer or be
78-12 made responsible for supervising a juvenile on probation.
78-13 SECTION 62. Section 141.066, Human Resources Code, is amended
78-14 to read as follows:
78-15 Sec. 141.066. PROHIBITION ON CARRYING FIREARM. (a) A
78-16 juvenile probation, detention, or corrections officer may not carry
78-17 a firearm in the course of the person's official duties.
78-18 (b) This section does not apply to an employee of the Texas
78-19 Youth Commission.
78-20 SECTION 63. Chapter 142, Human Resources Code, is amended by
78-21 adding Section 142.005 to read as follows:
78-22 Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM
78-23 LIABILITY. (a) On the adoption of policies concerning the
78-24 administration of medication to juveniles by authorized employees,
78-25 the juvenile board and any authorized employee of a program or
78-26 facility operated by the juvenile board are not liable for damages
78-27 arising from the administration of medication to a juvenile if:
79-1 (1) the program or facility administrator has received
79-2 a written request to administer the medication from the parent,
79-3 legal guardian, or other person having legal control over the
79-4 juvenile; and
79-5 (2) when administering prescription medication, the
79-6 medication appears to be in the original container and to be
79-7 properly labeled.
79-8 (b) This section does not apply to:
79-9 (1) damages arising from the administration of
79-10 medication that is not in accordance with the prescription issued
79-11 by a medical practitioner; or
79-12 (2) an act or omission of a person administering
79-13 medication if the act or omission is:
79-14 (A) reckless or intentional;
79-15 (B) done wilfully, wantonly, or with gross
79-16 negligence; or
79-17 (C) done with conscious indifference or reckless
79-18 disregard for the safety of others.
79-19 SECTION 64. Section 152.0007(a), Human Resources Code, is
79-20 amended to read as follows:
79-21 (a) The juvenile board shall:
79-22 (1) establish a juvenile probation department and
79-23 employ [personnel to conduct probation services, including] a chief
79-24 probation officer [and, if more than one officer is necessary,
79-25 assistant officers,] who meets [meet] the standards set by the
79-26 Texas Juvenile Probation Commission; and
79-27 (2) adopt a budget and establish policies, including
80-1 financial policies, for [operate or supervise] juvenile services
80-2 within the jurisdiction of the board [in the county and make
80-3 recommendations as to the need for and purchase of services].
80-4 SECTION 65. Section 152.0008(a), Human Resources Code, is
80-5 amended to read as follows:
80-6 (a) The chief juvenile probation officer may, within the
80-7 budget adopted by the board, employ:
80-8 (1) assistant officers who meet the standards set by
80-9 the Texas Juvenile Probation Commission; and
80-10 (2) other [appoint] necessary personnel [with the
80-11 approval of the board].
80-12 SECTION 66. Sections 152.0010(a) and (b), Human Resources
80-13 Code, are amended to read as follows:
80-14 (a) A [Each] juvenile board may [shall] appoint an advisory
80-15 council consisting of the number of [not more than nine] citizen
80-16 members determined appropriate by the board. To the extent
80-17 available in the county, the advisory council may include [,
80-18 including]:
80-19 (1) a prosecuting attorney as defined by Section
80-20 51.02, Family Code;
80-21 (2) a mental health professional;
80-22 (3) a medical health professional; and
80-23 (4) a representative of the education community.
80-24 (b) Council members serve [for staggered two-year] terms as
80-25 specified by the board [with as near as possible to half of the
80-26 members' terms expiring on January 31 of each year].
80-27 SECTION 67. Subchapter A, Chapter 152, Human Resources Code,
81-1 is amended by adding Section 152.0013 to read as follows:
81-2 Sec. 152.0013. IMMUNITY FROM LIABILITY. (a) A member of a
81-3 juvenile board is not liable for damages arising from an act or
81-4 omission committed while performing duties as a board member.
81-5 (b) This section does not apply if the act or omission is:
81-6 (1) reckless or intentional;
81-7 (2) done wilfully, wantonly, or with gross negligence;
81-8 or
81-9 (3) done with conscious indifference or reckless
81-10 disregard for the safety of others.
81-11 SECTION 68. Section 8.07(a), Penal Code, is amended to read
81-12 as follows:
81-13 (a) A person may not be prosecuted for or convicted of any
81-14 offense that the person [he] committed when younger than 15 years
81-15 of age except:
81-16 (1) perjury and aggravated perjury when it appears by
81-17 proof that the person [he] had sufficient discretion to understand
81-18 the nature and obligation of an oath;
81-19 (2) a violation of a penal statute cognizable under
81-20 Chapter 729, Transportation Code, except for:
81-21 (A) an offense under Section 550.021,
81-22 Transportation Code;
81-23 (B) an offense punishable as a Class B
81-24 misdemeanor under Section 550.022, Transportation Code; or
81-25 (C) an offense punishable as a Class B
81-26 misdemeanor under Section 550.024, Transportation Code;
81-27 (3) a violation of a motor vehicle traffic ordinance
82-1 of an incorporated city or town in this state;
82-2 (4) a misdemeanor punishable by fine only other than
82-3 public intoxication;
82-4 (5) a violation of a penal ordinance of a political
82-5 subdivision; [or]
82-6 (6) a violation of a penal statute that is, or is a
82-7 lesser included offense of, a capital felony, an aggravated
82-8 controlled substance felony, or a felony of the first degree for
82-9 which the person is transferred to the court under Section 54.02,
82-10 Family Code, for prosecution if the person committed the offense
82-11 when 14 years of age or older; or
82-12 (7) a capital felony or an offense under Section 19.02
82-13 for which the person is transferred to the court under Section
82-14 54.02(j)(2)(A), Family Code.
82-15 SECTION 69. Section 39.04(e)(2), Penal Code, is amended to
82-16 read as follows:
82-17 (2) "Custody" means the detention, arrest, or
82-18 confinement of an adult offender or the detention or the commitment
82-19 of a juvenile offender to a facility operated by or under a
82-20 contract with the Texas Youth Commission or a facility operated by
82-21 or under contract with [of] a juvenile board [offender].
82-22 SECTION 70. (a) The Prairie View A&M University Center for
82-23 the Study and Prevention of Juvenile Crime and Delinquency shall
82-24 study the relationship of the juvenile justice system to special
82-25 categories of juveniles, including:
82-26 (1) minorities;
82-27 (2) female offenders; and
83-1 (3) sex offenders.
83-2 (b) The center shall cooperate with the Criminal Justice
83-3 Policy Council, the Texas Juvenile Probation Commission, and the
83-4 Texas Youth Commission in conducting those studies.
83-5 (c) The center shall report its findings and recommendations
83-6 to the lieutenant governor, the speaker of the house of
83-7 representatives, and the governor by December 1, 2002.
83-8 SECTION 71. The following are repealed:
83-9 (1) Sections 52.027(h) and (j), Family Code;
83-10 (2) Section 54.022(e), Family Code;
83-11 (3) Article 58.01, Code of Criminal Procedure;
83-12 (4) Section 21.002(h), Government Code; and
83-13 (5) Section 53.001, Human Resources Code.
83-14 SECTION 72. (a) This Act takes effect September 1, 2001.
83-15 (b) Except as otherwise provided by this section, this Act
83-16 applies only to conduct that occurs on or after the effective date
83-17 of this Act. Conduct violating the penal laws of this state
83-18 occurs on or after the effective date of this Act if any element of
83-19 the violation occurs on or after that date. Conduct that occurs
83-20 before the effective date of this Act is governed by the law in
83-21 effect at the time the conduct occurred, and that law is continued
83-22 in effect for that purpose.
83-23 (c) Section 54.04, Family Code, as amended by Section 23 of
83-24 this Act, applies only to a disposition by a court made on or after
83-25 the effective date of this Act without regard to whether previous
83-26 adjudications of delinquent conduct on which the disposition is
83-27 based occurred before, on, or after the effective date of this Act.
84-1 (d) Section 58.0071, Family Code, as added by Section 38 of
84-2 this Act, applies to the destruction of records and files in a
84-3 juvenile case on or after the effective date of this Act, without
84-4 regard to whether the records or files destroyed were in existence
84-5 before, on, or after the effective date of this Act.
84-6 (e) Subchapter C, Chapter 58, Family Code, as added by
84-7 Section 41 of this Act, applies to records relating to a juvenile
84-8 case without regard to whether those records existed or were
84-9 maintained before, on, or after the effective date of this Act.
84-10 (f) Article 62.13, Code of Criminal Procedure, as added by
84-11 Section 54 of this Act, applies to a juvenile adjudicated for an
84-12 offense for which registration as a sex offender is required and
84-13 applies without regard to whether the offense and adjudication
84-14 occurred before, on, or after the effective date of this Act.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1118 was passed by the House on April
10, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1118 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1118 was passed by the Senate, with
amendments, on May 18, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor