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