77R9380 E                           
         By Goodman, Allen, Reyna of Bexar,                    H.B. No. 1118
 1-1     Jones of Bexar, et al.
         Substitute the following for H.B. No. 1118:
         By Goodman                                        C.S.H.B. No. 1118
                                A BILL TO BE ENTITLED
 1-2                                   AN ACT
 1-3     relating to the adjudication and disposition of juvenile conduct
 1-4     and the administration of the juvenile justice system.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 51.02(12), Family Code, is amended to
 1-7     read as follows:
 1-8                 (12)  "Referral to juvenile court" means the referral
 1-9     of a child or a child's case to the office or official, including
1-10     an intake officer or probation officer, designated by the juvenile
1-11     board [court] to process children within the juvenile justice
1-12     system.
1-13           SECTION 2. Section 51.03(a), Family Code, is amended to read
1-14     as follows:
1-15           (a)  Delinquent conduct is:
1-16                 (1)  conduct, other than a traffic offense, that
1-17     violates a penal law of this state or of the United States
1-18     punishable by imprisonment or by confinement in jail;
1-19                 (2)  [conduct that violates a reasonable and lawful
1-20     order of a juvenile court entered under Section 54.04 or 54.05 of
1-21     this code, except an order prohibiting the following conduct:]
1-22                       [(A)  a violation of the penal laws of this state
1-23     of the grade of misdemeanor that is punishable by fine only or a
1-24     violation of the penal ordinances of any political subdivision of
 2-1     this state;]
 2-2                       [(B)  the unexcused voluntary absence of a child
 2-3     from school; or]
 2-4                       [(C)  the voluntary absence of a child from his
 2-5     home without the consent of his parent or guardian for a
 2-6     substantial length of time or without intent to return;]
 2-7                 [(3)]  conduct that violates a lawful order of a
 2-8     municipal court or justice court under circumstances that would
 2-9     constitute contempt of that court;
2-10                 (3) [(4)]  conduct that violates Section 49.04, 49.05,
2-11     49.06, 49.07, or 49.08, Penal Code; or
2-12                 (4) [(5)]  conduct that violates Section 106.041,
2-13     Alcoholic Beverage Code, relating to driving under the influence of
2-14     alcohol by a minor (third or subsequent offense).
2-15           SECTION 3. Section 51.04(g), Family Code, is amended to read
2-16     as follows:
2-17           (g)  The juvenile board[, or if there is no juvenile board,
2-18     the juvenile court,] may appoint a referee to make determinations
2-19     under Section 53.02(f) or to conduct hearings under this title.
2-20     The referee shall be an attorney licensed to practice law in this
2-21     state and shall comply with Section 54.10.  Payment of any referee
2-22     services shall be provided from county funds.
2-23           SECTION 4. Section 51.041, Family Code, is amended to read as
2-24     follows:
2-25           Sec. 51.041.  JURISDICTION AFTER APPEAL. (a)  The court
2-26     retains jurisdiction over a person, without regard to the age of
2-27     the person, for conduct engaged in by the person before becoming 17
 3-1     years of age if, as a result of an appeal by the person under
 3-2     Chapter 56 or under Article 44.47, Code of Criminal Procedure, of
 3-3     an order of the court, the order is reversed or modified and the
 3-4     case remanded to the court by the appellate court.
 3-5           (b)  If the respondent is at least 18 years of age when the
 3-6     order of remand from the appellate court is received by the
 3-7     juvenile court, the juvenile court shall proceed as provided by
 3-8     Sections 54.02(o)-(r) for the detention of a person at least 18
 3-9     years of age in discretionary transfer proceedings.  Pending
3-10     retrial of the adjudication or transfer proceeding, the juvenile
3-11     court may:
3-12                 (1)  order the respondent released from custody;
3-13                 (2)  order the respondent detained in a juvenile
3-14     detention facility; or
3-15                 (3)  set bond and order the respondent detained in a
3-16     county adult facility if bond is not made.
3-17           SECTION 5. Chapter 51, Family Code, is amended by adding
3-18     Section 51.0412 to read as follows:
3-19           Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS. The
3-20     court retains jurisdiction over a person, without regard to the age
3-21     of the person, who is a respondent in an adjudication proceeding, a
3-22     disposition proceeding, or a proceeding to modify disposition if:
3-23                 (1)  the petition or motion to modify was filed while
3-24     the respondent was younger than 18 years of age;
3-25                 (2)  the proceeding is not complete before the
3-26     respondent becomes 18 years of age; and
3-27                 (3)  the court enters a finding in the proceeding that
 4-1     the prosecuting attorney exercised due diligence in an attempt to
 4-2     complete the proceeding before the respondent became 18 years of
 4-3     age.
 4-4           SECTION 6. Section 51.08, Family Code, is amended by amending
 4-5     Subsection (b) and adding Subsection (d) to read as follows:
 4-6           (b)  A court in which there is pending a complaint against a
 4-7     child alleging a violation of a misdemeanor offense punishable by
 4-8     fine only other than a traffic offense or public intoxication or a
 4-9     violation of a penal ordinance of a political subdivision other
4-10     than a traffic offense:
4-11                 (1)  except as provided by Subsection (d), shall waive
4-12     its original jurisdiction and refer a child to juvenile court if
4-13     the child has previously been convicted of:
4-14                       (A)  two or more misdemeanors punishable by fine
4-15     only other than a traffic offense or public intoxication;
4-16                       (B)  two or more violations of a penal ordinance
4-17     of a political subdivision other than a traffic offense; or
4-18                       (C)  one or more of each of the types of
4-19     misdemeanors described in Paragraph (A) or (B) of this subdivision;
4-20     and
4-21                 (2)  may waive its original jurisdiction and refer a
4-22     child to juvenile court if the child:
4-23                       (A)  has not previously been convicted of a
4-24     misdemeanor punishable by fine only other than a traffic offense or
4-25     public intoxication or a violation of a penal ordinance of a
4-26     political subdivision other than a traffic offense; or
4-27                       (B)  has previously been convicted of fewer than
 5-1     two misdemeanors punishable by fine only other than a traffic
 5-2     offense or public intoxication or two violations of a penal
 5-3     ordinance of a political subdivision other than a traffic offense.
 5-4           (d)  A court that has implemented a juvenile case manager
 5-5     program under Article 45.054, Code of Criminal Procedure, may, but
 5-6     is not required to, waive its original jurisdiction under
 5-7     Subsection (b)(1).
 5-8           SECTION 7. Section 51.095(a), Family Code, is amended to read
 5-9     as follows:
5-10           (a)  Notwithstanding Section 51.09, the statement of a child
5-11     is admissible in evidence in any future proceeding concerning the
5-12     matter about which the statement was given if:
5-13                 (1)  the statement is made in writing under a
5-14     circumstance described by Subsection (d) and:
5-15                       (A)  the statement shows that the child has at
5-16     some time before the making of the statement received from a
5-17     magistrate a warning that:
5-18                             (i)  the child may remain silent and not
5-19     make any statement at all and that any statement that the child
5-20     makes may be used in evidence against the child;
5-21                             (ii)  the child has the right to have an
5-22     attorney present to advise the child either prior to any
5-23     questioning or during the questioning;
5-24                             (iii)  if the child is unable to employ an
5-25     attorney, the child has the right to have an attorney appointed to
5-26     counsel with the child before or during any interviews with peace
5-27     officers or attorneys representing the state; and
 6-1                             (iv)  the child has the right to terminate
 6-2     the interview at any time;
 6-3                       (B)  and:
 6-4                             (i)  the statement must be signed in the
 6-5     presence of a magistrate by the child with no law enforcement
 6-6     officer or prosecuting attorney present, except that a magistrate
 6-7     may require a bailiff or a law enforcement officer if a bailiff is
 6-8     not available to be present if the magistrate determines that the
 6-9     presence of the bailiff or law enforcement officer is necessary for
6-10     the personal safety of the magistrate or other court personnel,
6-11     provided that the bailiff or law enforcement officer may not carry
6-12     a weapon in the presence of the child; and
6-13                             (ii)  the magistrate must be fully
6-14     convinced that the child understands the nature and contents of the
6-15     statement and that the child is signing the same voluntarily, and
6-16     if a statement is taken, the magistrate must sign a written
6-17     statement verifying the foregoing requisites have been met;
6-18                       (C)  the child knowingly, intelligently, and
6-19     voluntarily waives these rights before and during the making of the
6-20     statement and signs the statement in the presence of a magistrate;
6-21     and
6-22                       (D)  the magistrate certifies that the magistrate
6-23     has examined the child independent of any law enforcement officer
6-24     or prosecuting attorney, except as required to ensure the personal
6-25     safety of the magistrate or other court personnel, and has
6-26     determined that the child understands the nature and contents of
6-27     the statement and has knowingly, intelligently, and voluntarily
 7-1     waived these rights;
 7-2                 (2)  the statement is made orally and the child makes a
 7-3     statement of facts or circumstances that are found to be true and
 7-4     tend[, which conduct tends] to establish the child's guilt, such as
 7-5     the finding of secreted or stolen property, or the instrument with
 7-6     which the child states the offense was committed;
 7-7                 (3)  the statement was res gestae of the delinquent
 7-8     conduct or the conduct indicating a need for supervision or of the
 7-9     arrest;
7-10                 (4)  the statement is made:
7-11                       (A)  in open court at the child's adjudication
7-12     hearing;
7-13                       (B)  before a grand jury considering a petition,
7-14     under Section 53.045, that the child engaged in delinquent conduct;
7-15     or
7-16                       (C)  at a preliminary hearing concerning the
7-17     child held in compliance with this code, other than at a detention
7-18     hearing under Section 54.01; or
7-19                 (5)  the statement is made orally under a circumstance
7-20     described by Subsection (d) and the statement is recorded by an
7-21     electronic recording device, including a device that records
7-22     images, and:
7-23                       (A)  before making the statement, the child is
7-24     given the warning described by Subdivision (1)(A) by a magistrate,
7-25     the warning is a part of the recording, and the child knowingly,
7-26     intelligently, and voluntarily waives each right stated in the
7-27     warning;
 8-1                       (B)  the recording device is capable of making an
 8-2     accurate recording, the operator of the device is competent to use
 8-3     the device, the recording is accurate, and the recording has not
 8-4     been altered;
 8-5                       (C)  each voice on the recording is identified;
 8-6     and
 8-7                       (D)  not later than the 20th day before the date
 8-8     of the proceeding, the attorney representing the child is given a
 8-9     complete and accurate copy of each recording of the child made
8-10     under this subdivision.
8-11           SECTION 8. Section 51.10(e), Family Code, is amended to read
8-12     as follows:
8-13           (e)  The court may enforce orders under Subsection (d) [(c)
8-14     of this section] by proceedings under Section 54.07 [of this code]
8-15     or by appointing counsel and ordering the parent or other person
8-16     responsible for support of the child to pay a reasonable attorney's
8-17     fee set by the court.  The order may be enforced under Section
8-18     54.07 [of this code].
8-19           SECTION 9. Chapter 51, Family Code, is amended by adding
8-20     Section 51.101 to read as follows:
8-21           Sec. 51.101.  APPOINTMENT OF ATTORNEY AND CONTINUATION OF
8-22     REPRESENTATION. (a)  If an attorney is appointed at the initial
8-23     detention hearing and the child is detained, the attorney shall
8-24     continue to represent the child until the case is terminated, the
8-25     family retains an attorney, or a new attorney is appointed by the
8-26     juvenile court.  Release of the child from detention does not
8-27     terminate the attorney's representation.
 9-1           (b)  If there is an initial detention hearing without an
 9-2     attorney and the child is detained, the attorney appointed under
 9-3     Section 51.10(c) shall continue to represent the child until the
 9-4     case is terminated, the family retains an attorney, or a new
 9-5     attorney is appointed by the juvenile court.  Release of the child
 9-6     from detention does not terminate the attorney's representation.
 9-7           (c)  The juvenile court shall determine, on the filing of a
 9-8     petition, whether the child's family is indigent if:
 9-9                 (1)  the child is released by intake;
9-10                 (2)  the child is released at the initial detention
9-11     hearing; or
9-12                 (3)  the case was referred to the court without the
9-13     child in custody.
9-14           (d)  A juvenile court that makes a finding of indigence under
9-15     Subsection (c) shall appoint an attorney to represent the child on
9-16     or before the fifth working day after the date the petition for
9-17     adjudication or discretionary transfer hearing was served on the
9-18     child.  An attorney appointed under this subsection shall continue
9-19     to represent the child until the case is terminated, the family
9-20     retains an attorney, or a new attorney is appointed by the juvenile
9-21     court.
9-22           (e)  The juvenile court shall determine whether the child's
9-23     family is indigent if a motion or petition is filed under Section
9-24     54.05 seeking to modify disposition by committing the child to the
9-25     Texas Youth Commission or placing the child in a secure
9-26     correctional facility.  A court that makes a finding of indigence
9-27     shall appoint an attorney to represent the child on or before the
 10-1    fifth working day after the date the petition or motion has been
 10-2    filed.  An attorney appointed under this subsection shall continue
 10-3    to represent the child until the court rules on the motion or
 10-4    petition, the family retains an attorney, or a new attorney is
 10-5    appointed.
 10-6          SECTION 10. Sections 51.12(b), (c), and (l), Family Code, are
 10-7    amended to read as follows:
 10-8          (b)  The proper authorities in each county shall provide a
 10-9    suitable place of detention for children who are parties to
10-10    proceedings under this title, but the juvenile board [court] shall
10-11    control the conditions and terms of detention and detention
10-12    supervision and shall permit visitation with the child at all
10-13    reasonable times.
10-14          (c)  In each county, each judge of the juvenile court and a
10-15    majority of the members of the juvenile board shall personally
10-16    inspect the juvenile pre-adjudication secure detention facilities
10-17    and any public or private juvenile secure correctional facilities
10-18    used for post-adjudication confinement that are located in the
10-19    county and operated under authority of the juvenile board at least
10-20    annually and shall certify in writing to the authorities
10-21    responsible for operating and giving financial support to the
10-22    facilities and to the Texas Juvenile Probation Commission that they
10-23    are suitable or unsuitable for the detention of children in
10-24    accordance with:
10-25                (1)  the requirements of Subsections (a), (f), and (g);
10-26    and
10-27                (2)  minimum professional standards for the detention
 11-1    of children in pre-adjudication or post-adjudication secure
 11-2    confinement promulgated by the Texas Juvenile Probation Commission
 11-3    or, at the election of the juvenile board, the current standards
 11-4    promulgated by the American Correctional Association.
 11-5          (l)  A child who is taken into custody and required to be
 11-6    detained under Section 53.02(f) may be detained in a county jail or
 11-7    other facility until the child is released under Section 53.02(f)
 11-8    or until a detention hearing is held as required by Section
 11-9    54.01(p), regardless of whether the facility complies with the
11-10    requirements of this section, if:
11-11                (1)  a certified juvenile detention facility or a
11-12    secure detention facility described by Subsection (j) is not
11-13    available in the county in which the child is taken into custody or
11-14    in an adjacent county;
11-15                (2)  the facility has been designated by the county
11-16    juvenile board for the county in which the facility is located;
11-17                (3)  the child is separated by sight and sound from
11-18    adults detained in the same facility through architectural design
11-19    or time-phasing;
11-20                (4)  the child does not have any contact with
11-21    management or direct-care staff that has contact with adults
11-22    detained in the same facility on the same work shift;
11-23                (5)  the county in which the child is taken into
11-24    custody is not located in a metropolitan statistical area as
11-25    designated by the United States Bureau of the Census; and
11-26                (6)  each judge of the juvenile court and a majority of
11-27    the members of the juvenile board of the county in which the child
 12-1    is taken into custody have personally inspected the facility at
 12-2    least annually and have certified in writing to the Texas Juvenile
 12-3    Probation Commission that the facility complies with the
 12-4    requirements of Subdivisions (3) and (4).
 12-5          SECTION 11. Sections 52.01(c) and (d), Family Code, are
 12-6    amended to read as follows:
 12-7          (c)  A law-enforcement officer authorized to take a child
 12-8    into custody under Subdivisions (2) and (3) of Subsection (a) of
 12-9    this section may issue a warning notice to the child in lieu of
12-10    taking the child [him] into custody if:
12-11                (1)  guidelines for warning disposition have been
12-12    issued by the law-enforcement agency in which the officer works;
12-13                (2)  the guidelines have been approved by the juvenile
12-14    court of the county in which the disposition is made;
12-15                (3)  the disposition is authorized by the guidelines;
12-16                (4)  the warning notice identifies the child and
12-17    describes the child's [his] alleged conduct;
12-18                (5)  a copy of the warning notice is sent to the
12-19    child's parent, guardian, or custodian as soon as practicable after
12-20    disposition; and
12-21                (6)  a copy of the warning notice is filed with the
12-22    law-enforcement agency and the office or official designated by the
12-23    juvenile board [court].
12-24          (d)  A warning notice filed with the office or official
12-25    designated by the juvenile board [court] may be used as the basis
12-26    of further action if necessary.
12-27          SECTION 12. Sections 52.02(a) and (b), Family Code, are
 13-1    amended to read as follows:
 13-2          (a)  Except as provided by Subsection (c), a person taking a
 13-3    child into custody, without unnecessary delay and without first
 13-4    taking the child to any place other than a juvenile processing
 13-5    office designated under Section 52.025, shall do one of the
 13-6    following:
 13-7                (1)  release the child to a parent, guardian, custodian
 13-8    of the child, or other responsible adult upon that person's promise
 13-9    to bring the child before the juvenile court as requested by the
13-10    court;
13-11                (2)  bring the child before the office or official
13-12    designated by the juvenile board [court] if there is probable cause
13-13    to believe that the child engaged in delinquent conduct or conduct
13-14    indicating a need for supervision;
13-15                (3)  bring the child to a detention facility designated
13-16    by the juvenile board [court];
13-17                (4)  bring the child to a secure detention facility as
13-18    provided by Section 51.12(j);
13-19                (5)  bring the child to a medical facility if the child
13-20    is believed to suffer from a serious physical condition or illness
13-21    that requires prompt treatment; or
13-22                (6)  dispose of the case under Section 52.03.
13-23          (b)  A person taking a child into custody shall promptly give
13-24    notice of the person's [his] action and a statement of the reason
13-25    for taking the child into custody, to:
13-26                (1)  the child's parent, guardian, or custodian; and
13-27                (2)  the office or official designated by the juvenile
 14-1    board [court].
 14-2          SECTION 13. Section 52.025(a), Family Code, is amended to
 14-3    read as follows:
 14-4          (a)  The juvenile board [court] may designate an office or a
 14-5    room, which may be located in a police facility or sheriff's
 14-6    offices, as the juvenile processing office for the temporary
 14-7    detention of a child taken into custody under Section 52.01 [of
 14-8    this code].  The office may not be a cell or holding facility used
 14-9    for detentions other than detentions under this section.  The
14-10    juvenile board [court] by written order may prescribe the
14-11    conditions of the designation and limit the activities that may
14-12    occur in the office during the temporary detention.
14-13          SECTION 14. Sections 52.027(f) and (i), Family Code, are
14-14    amended to read as follows:
14-15          (f)  A child taken into custody for an offense that a justice
14-16    or municipal court has jurisdiction of under Article 4.11 or 4.14,
14-17    Code of Criminal Procedure, other than public intoxication, may be
14-18    presented or detained in a detention facility designated by the
14-19    juvenile board [court] under Section 52.02(a)(3) only if:
14-20                (1)  the child's non-traffic case is transferred to the
14-21    juvenile court by a municipal court or justice court under Section
14-22    51.08(b); or
14-23                (2)  the child is referred to the juvenile court by a
14-24    municipal court or justice court for contempt of court under
14-25    Subsection (h).
14-26          (i)  In this section, "child" means a person who[:]
14-27                [(1)]  is at least 10 years of age and younger than 17
 15-1    years of age and who is charged with or convicted of an offense
 15-2    that a justice or municipal court has jurisdiction of under Article
 15-3    4.11 or  4.14, Code of Criminal Procedure, other than public
 15-4    intoxication[; or]
 15-5                [(2)  is at least 10 years of age and younger than 18
 15-6    years of age and who:]
 15-7                      [(A)  is a status offender and was taken into
 15-8    custody as a status offender for conduct engaged in before becoming
 15-9    17 years of age; or]
15-10                      [(B)  is a nonoffender and became a nonoffender
15-11    before becoming 17 years of age].
15-12          SECTION 15. Section 52.03(d), Family Code, is amended to read
15-13    as follows:
15-14          (d)  Statistics indicating the number and kind of
15-15    dispositions made by a law-enforcement agency under the authority
15-16    of this section shall be reported at least annually to the office
15-17    or official designated by the juvenile board [court], as ordered by
15-18    the court.
15-19          SECTION 16. Sections 52.04(a) and (b), Family Code, are
15-20    amended to read as follows:
15-21          (a)  The following shall accompany referral of a child or a
15-22    child's case to the office or official designated by the juvenile
15-23    board [court] or be provided as quickly as possible after referral:
15-24                (1)  all information in the possession of the person or
15-25    agency making the referral pertaining to the identity of the child
15-26    and the child's [his] address, the name and address of the child's
15-27    parent, guardian, or custodian, the names and addresses of any
 16-1    witnesses, and the child's present whereabouts;
 16-2                (2)  a complete statement of the circumstances of the
 16-3    alleged delinquent conduct or conduct indicating a need for
 16-4    supervision;
 16-5                (3)  when applicable, a complete statement of the
 16-6    circumstances of taking the child into custody; and
 16-7                (4)  when referral is by an officer of a
 16-8    law-enforcement agency, a complete statement of all prior contacts
 16-9    with the child by officers of that law-enforcement agency.
16-10          (b)  The office or official designated by the juvenile board
16-11    [court] may refer the case to a law-enforcement agency for the
16-12    purpose of conducting an investigation to obtain necessary
16-13    information.
16-14          SECTION 17. Sections 52.041(c) and (d), Family Code, are
16-15    amended to read as follows:
16-16          (c)  Within five working days of receipt of an expulsion
16-17    notice under this section by the office or official designated by
16-18    the juvenile board [court], a preliminary investigation and
16-19    determination shall be conducted as required by Section 53.01.
16-20          (d)  The office or official designated by the juvenile board
16-21    [court] shall within two working days notify the school district
16-22    that expelled the child if:
16-23                (1)  a determination was made under Section 53.01 that
16-24    the person referred to juvenile court was not a child within the
16-25    meaning of this title;
16-26                (2)  a determination was made that no probable cause
16-27    existed to believe the child engaged in delinquent conduct or
 17-1    conduct indicating a need for supervision;
 17-2                (3)  no deferred prosecution or formal court
 17-3    proceedings have been or will be initiated involving the child;
 17-4                (4)  the court or jury finds that the child did not
 17-5    engage in delinquent conduct or conduct indicating a need for
 17-6    supervision and the case has been dismissed with prejudice; or
 17-7                (5)  the child was adjudicated but no disposition was
 17-8    or will be ordered by the court.    
 17-9          SECTION 18. Sections 53.01(a) and (c), Family Code, are
17-10    amended to read as follows:
17-11          (a)  On referral of a person believed to be a child or on
17-12    referral of the person's case to the office or official designated
17-13    by the juvenile board [court], the intake officer, probation
17-14    officer, or other person authorized by the court shall conduct a
17-15    preliminary investigation to determine whether:
17-16                (1)  the person referred to juvenile court is a child
17-17    within the meaning of this title; and
17-18                (2)  there is probable cause to believe the person
17-19    engaged in delinquent conduct or conduct indicating a need for
17-20    supervision.
17-21          (c)  When custody of a child is given to the office or
17-22    official designated by the juvenile board [court], the intake
17-23    officer, probation officer, or other person authorized by the court
17-24    shall promptly give notice of the whereabouts of the child and a
17-25    statement of the reason the child [he] was taken into custody to
17-26    the child's parent, guardian, or custodian unless the notice given
17-27    under Section 52.02(b) [of this code] provided fair notice of the
 18-1    child's present whereabouts.
 18-2          SECTION 19. Section 54.01(l), Family Code, is amended to read
 18-3    as follows:
 18-4          (l)  The juvenile board [or, if there is none, the juvenile
 18-5    court,] may appoint a referee to conduct the detention hearing.
 18-6    The referee shall be an attorney licensed to practice law in this
 18-7    state.  Such payment or additional payment as may be warranted for
 18-8    referee services shall be provided from county funds.  Before
 18-9    commencing the detention hearing, the referee shall inform the
18-10    parties who have appeared that they are entitled to have the
18-11    hearing before the juvenile court judge or a substitute judge
18-12    authorized by Section 51.04(f) [of this code].  If a party objects
18-13    to the referee conducting the detention hearing, an authorized
18-14    judge shall conduct the hearing within 24 hours.  At the conclusion
18-15    of the hearing, the referee shall transmit written findings and
18-16    recommendations to the juvenile court judge or substitute judge.
18-17    The juvenile court judge or substitute judge shall adopt, modify,
18-18    or reject the referee's recommendations not later than the next
18-19    working day after the day that the judge receives the
18-20    recommendations.  Failure to act within that time results in
18-21    release of the child by operation of law.  A recommendation that
18-22    the child be released operates to secure the child's [his]
18-23    immediate release, subject to the power of the juvenile court judge
18-24    or substitute judge to reject or modify that recommendation.  The
18-25    effect of an order detaining a child shall be computed from the
18-26    time of the hearing before the referee.
18-27          SECTION 20. Chapter 54, Family Code, is amended by adding
 19-1    Section 54.023 to read as follows:
 19-2          Sec. 54.023.  JUSTICE OR MUNICIPAL COURT:  ENFORCEMENT. (a)
 19-3    If a child intentionally or knowingly fails to obey a lawful order
 19-4    of disposition after an adjudication of guilt of an offense that a
 19-5    justice or municipal court has jurisdiction of under Article 4.11
 19-6    or 4.14, Code of Criminal Procedure, the justice or municipal court
 19-7    may:
 19-8                (1)  refer the child to the appropriate juvenile court
 19-9    for delinquent conduct for contempt of the justice or municipal
19-10    court order; or
19-11                (2)  retain jurisdiction of the case and:
19-12                      (A)  hold the child in contempt of the justice or
19-13    municipal court order and impose a fine not to exceed $500;
19-14                      (B)  order the child to be held in a place of
19-15    nonsecure custody designated under Section 52.027 for a single
19-16    period not to exceed six hours; or
19-17                      (C)  order the Department of Public Safety to
19-18    suspend the driver's license or permit of the child or, if the
19-19    child does not have a license or permit, to deny the issuance of a
19-20    license or permit to the child and, if the child has a continuing
19-21    obligation under the court's order, require that the suspension or
19-22    denial be effective until the child fully discharges the
19-23    obligation.
19-24          (b)  A court that orders suspension or denial of a child's
19-25    driver's license or permit shall notify the Department of Public
19-26    Safety on receiving proof that the child has fully complied with
19-27    the orders of the court.
 20-1          (c)  A justice or municipal court may hold a person in
 20-2    contempt and impose a remedy authorized by Subsection (a)(2) if:
 20-3                (1)  the person as a child was placed under an order of
 20-4    the justice or municipal court;
 20-5                (2)  the person failed to obey the order while the
 20-6    person was 17 years of age or older; and
 20-7                (3)  the failure to obey occurred under circumstances
 20-8    that constitute contempt of court.
 20-9          (d)  A justice or municipal court may hold a person in
20-10    contempt and impose a remedy authorized by Subsection (a)(2) if the
20-11    person, while younger than 17 years of age, engaged in conduct in
20-12    contempt of an order of the justice or municipal court but contempt
20-13    proceedings could not be held before the child's 17th birthday.
20-14          (e)  A justice or municipal court may not order a child to a
20-15    term of confinement or imprisonment for contempt of a justice or
20-16    municipal court order under this section.
20-17          (f)  A justice or municipal court may not refer a child who
20-18    violates a court order while 17 years of age or older to a juvenile
20-19    court for delinquency proceedings for contempt of court.
20-20          SECTION 21. Section 54.03(c), Family Code, is amended to read
20-21    as follows:
20-22          (c)  Trial shall be by jury unless jury is waived in
20-23    accordance with Section 51.09 [of this code].  If the hearing is on
20-24    a petition that has been approved by the grand jury under Section
20-25    53.045 [of this code], the jury must consist of 12 persons and be
20-26    selected in accordance with the requirements in criminal cases.
20-27    Jury verdicts under this title must be unanimous.
 21-1          SECTION 22.  Section 54.04, Family Code, as amended by
 21-2    Chapters 1193, 1415, 1448, and 1477, Acts of the 76th Legislature,
 21-3    Regular Session, 1999, is reenacted and amended to read as follows:
 21-4          Sec. 54.04.  DISPOSITION HEARING.  (a)  The disposition
 21-5    hearing shall be separate, distinct, and subsequent to the
 21-6    adjudication hearing.  There is no right to a jury at the
 21-7    disposition hearing unless the child is in jeopardy of a
 21-8    determinate sentence under Subsection (d)(3) or (m) [of this
 21-9    section], in which case, the child is entitled to a jury of 12
21-10    persons to determine the sentence.
21-11          (b)  At the disposition hearing, the juvenile court may
21-12    consider written reports from probation officers, professional
21-13    court employees, or professional consultants in addition to the
21-14    testimony of witnesses.  Prior to the disposition hearing, the
21-15    court shall provide the attorney for the child with access to all
21-16    written matter to be considered in disposition.  The court may
21-17    order counsel not to reveal items to the child or the child's [his]
21-18    parent, guardian, or guardian ad litem if such disclosure would
21-19    materially harm the treatment and rehabilitation of the child or
21-20    would substantially decrease the likelihood of receiving
21-21    information from the same or similar sources in the future.
21-22          (c)  No disposition may be made under this section unless the
21-23    child is in need of rehabilitation or the protection of the public
21-24    or the child requires that disposition be made.  If the court or
21-25    jury does not so find, the court shall dismiss the child and enter
21-26    a final judgment without any disposition.  No disposition placing
21-27    the child on probation outside the child's home may be made under
 22-1    this section unless the court or jury finds that the child, in the
 22-2    child's home, cannot be provided the quality of care and level of
 22-3    support and supervision that the child needs to meet the conditions
 22-4    of the probation.
 22-5          (d)  If the court or jury makes the finding specified in
 22-6    Subsection (c) allowing the court to make a disposition in the
 22-7    case:
 22-8                (1)  the court or jury may, in addition to any order
 22-9    required or authorized under Section 54.041 or 54.042, place the
22-10    child on probation on such reasonable and lawful terms as the court
22-11    may determine:
22-12                      (A)  in the child's [his] own home or in the
22-13    custody of a relative or other fit person; or
22-14                      (B)  subject to the finding under Subsection (c)
22-15    on the placement of the child outside the child's home, in:
22-16                            (i)  a suitable foster home; or
22-17                            (ii)  a suitable public or private
22-18    institution or agency, except the Texas Youth Commission;
22-19                (2)  if the court or jury found at the conclusion of
22-20    the adjudication hearing that the child engaged in delinquent
22-21    conduct that violates a penal law of this state or the United
22-22    States of the grade of felony or, if the requirements of Subsection
22-23    (s) or (t) [(q)] are met, of the grade of misdemeanor, and if the
22-24    petition was not approved by the grand jury under Section 53.045,
22-25    the court may commit the child to the Texas Youth Commission
22-26    without a determinate sentence;
22-27                (3)  if the court or jury found at the conclusion of
 23-1    the adjudication hearing that the child engaged in delinquent
 23-2    conduct that included a violation of a penal law listed in Section
 23-3    53.045(a) and if the petition was approved by the grand jury under
 23-4    Section 53.045, the court or jury may sentence the child to
 23-5    commitment in the Texas Youth Commission with a possible transfer
 23-6    to the institutional division or the pardons and paroles division
 23-7    of the Texas Department of Criminal Justice for a term of:
 23-8                      (A)  not more than 40 years if the conduct
 23-9    constitutes:
23-10                            (i)  a capital felony;
23-11                            (ii)  a felony of the first degree; or
23-12                            (iii)  an aggravated controlled substance
23-13    felony;
23-14                      (B)  not more than 20 years if the conduct
23-15    constitutes a felony of the second degree; or
23-16                      (C)  not more than 10 years if the conduct
23-17    constitutes a felony of the third degree;
23-18                (4)  the court may assign the child an appropriate
23-19    sanction level and sanctions as provided by the assignment
23-20    guidelines in Section 59.003; or
23-21                (5)  if applicable, the court or jury may make a
23-22    disposition under Subsection (m).
23-23          (e)  The Texas Youth Commission shall accept a person
23-24    properly committed to it by a juvenile court even though the person
23-25    may be 17 years of age or older at the time of commitment.
23-26          (f)  The court shall state specifically in the order its
23-27    reasons for the disposition and shall furnish a copy of the order
 24-1    to the child.  If the child is placed on probation, the terms of
 24-2    probation shall be written in the order.
 24-3          (g)  If the court orders a disposition under Subsection
 24-4    (d)(3) or (m) [of this section] and there is an affirmative finding
 24-5    that the defendant used or exhibited a deadly weapon during the
 24-6    commission of the conduct or during immediate flight from
 24-7    commission of the conduct, the court shall enter the finding in the
 24-8    order.  If there is an affirmative finding that the deadly weapon
 24-9    was a firearm, the court shall enter that finding in the order.
24-10          (h)  At the conclusion of the dispositional hearing, the
24-11    court shall inform the child of:
24-12                (1)  the child's right to appeal, as required by
24-13    Section 56.01 [of this code]; and
24-14                (2)  the procedures for the sealing of the child's
24-15    records under Section 58.003 [of this code].
24-16          (i)  If the court places the child on probation outside the
24-17    child's home or commits the child to the Texas Youth Commission,
24-18    the court:
24-19                (1)  shall include in its order its determination that:
24-20                      (A) [(1)]  it is in the child's best interests to
24-21    be placed outside the child's home;
24-22                      (B) [(2)]  reasonable efforts were made to
24-23    prevent or eliminate the need for the child's removal from the home
24-24    and to make it possible for the child to return to the child's
24-25    home; and
24-26                      (C) [(3)]  the child, in the child's home, cannot
24-27    be provided the quality of care and level of support and
 25-1    supervision that the child needs to meet the conditions of
 25-2    probation; and
 25-3                (2)  may approve an administrative body to conduct
 25-4    permanency hearings pursuant to 42 U.S.C. Section 675 if required
 25-5    during the placement or commitment of the child.
 25-6          (j)  If the court or jury found that the child engaged in
 25-7    delinquent conduct that included a violation of a penal law of the
 25-8    grade of felony or jailable misdemeanor, the court:
 25-9                (1)  shall require that the child's thumbprint be
25-10    affixed to the order; and
25-11                (2)  may require that a photograph of the child be
25-12    attached to the order.
25-13          (k)  Except as provided by Subsection (m), the period to
25-14    which a court or jury may sentence a person to commitment to the
25-15    Texas Youth Commission with a transfer to the Texas Department of
25-16    Criminal Justice under Subsection (d)(3) [of this section] applies
25-17    without regard to whether the person has previously been
25-18    adjudicated as having engaged in delinquent conduct.
25-19          (l)  Except as provided by Subsection (q), a court or jury
25-20    may place a child on probation under Subsection (d)(1) for any
25-21    period, except that probation may not continue on or after the
25-22    child's 18th birthday.  Except as provided by Subsection (q), the
25-23    court may, before the period of probation ends, extend the
25-24    probation for any period, except that the probation may not extend
25-25    to or after the child's 18th birthday.
25-26          (m)  The court or jury may sentence a child adjudicated for
25-27    habitual felony conduct as described by Section 51.031 to a term
 26-1    prescribed by Subsection (d)(3) and applicable to the conduct
 26-2    adjudicated in the pending case if:
 26-3                (1)  a petition was filed and approved by a grand jury
 26-4    under Section 53.045 alleging that the child engaged in habitual
 26-5    felony conduct; and
 26-6                (2)  the court or jury finds beyond a reasonable doubt
 26-7    that the allegation described by Subdivision (1) in the grand jury
 26-8    petition is true.
 26-9          (n)  A court may order a disposition of secure confinement of
26-10    a status offender adjudicated for violating a valid court order
26-11    only if:
26-12                (1)  before the order is issued, the child received the
26-13    full due process rights guaranteed by the Constitution of the
26-14    United States or the Texas Constitution; and
26-15                (2)  the juvenile probation department in a report
26-16    authorized by Subsection (b):
26-17                      (A)  reviewed the behavior of the child and the
26-18    circumstances under which the child was brought before the court;
26-19                      (B)  determined the reasons for the behavior that
26-20    caused the child to be brought before the court; and
26-21                      (C)  determined that all dispositions, including
26-22    treatment, other than placement in a secure detention facility or
26-23    secure correctional facility, have been exhausted or are clearly
26-24    inappropriate.
26-25          (o)  In a disposition under this title:
26-26                (1)  a [A] status offender may not, under any
26-27    circumstances, be committed to the Texas Youth Commission for
 27-1    engaging in conduct that would not, under state or local law, be a
 27-2    crime if committed by an adult;
 27-3                (2)  a status offender may not, under any circumstances
 27-4    other than as provided under Subsection (n), be placed in a
 27-5    post-adjudication secure correctional facility; and
 27-6                (3)  a child adjudicated for contempt of a justice or
 27-7    municipal court order may not, under any circumstances, be placed
 27-8    in a post-adjudication secure correctional facility or committed to
 27-9    the Texas Youth Commission for that conduct.
27-10          (p)  Except as provided by Subsection (l), a court that
27-11    places a child on probation under Subsection (d)(1) for conduct
27-12    described by Section 54.0405(b) and punishable as a felony shall
27-13    specify a minimum probation period of two years.
27-14          (q)  If a court or jury sentences a child to commitment in
27-15    the Texas Youth Commission under Subsection (d)(3) for a term of
27-16    not more than 10 years, the court or jury may place the child on
27-17    probation under Subsection (d)(1) as an alternative to making the
27-18    disposition under Subsection (d)(3).  The court shall prescribe the
27-19    period of probation ordered under this subsection for a term of not
27-20    more than 10 years.  The court may, before the sentence of
27-21    probation expires, extend the probationary period under Section
27-22    54.05, except that the sentence of probation and any extension may
27-23    not exceed 10 years.  The court may, before the child's 18th
27-24    birthday, discharge the child from the sentence of probation.  If a
27-25    sentence of probation ordered under this subsection and any
27-26    extension of probation ordered under Section 54.05 will continue
27-27    after the child's 18th birthday, the court shall discharge the
 28-1    child from the sentence of probation on the child's 18th birthday
 28-2    unless the court transfers the child to an appropriate district
 28-3    court under Section 54.051.
 28-4          (r) [(q)]  If the judge orders a disposition under this
 28-5    section and there is an affirmative finding that the victim or
 28-6    intended victim was younger than 17 years of age at the time of the
 28-7    conduct, the judge shall enter the finding in the order.
 28-8          (s) [(q)]  The court may make a disposition under Subsection
 28-9    (d)(2) for delinquent conduct that violates a penal law of the
28-10    grade of misdemeanor if:
28-11                (1)  the child has been adjudicated as having engaged
28-12    in delinquent conduct violating a penal law of the grade of [felony
28-13    or] misdemeanor on at least two previous occasions;
28-14                (2)  of the previous adjudications, the conduct that
28-15    was the basis for one of the adjudications occurred after the date
28-16    of another previous adjudication; and
28-17                (3)  the conduct that is the basis of the current
28-18    adjudication occurred after the date of at least two previous
28-19    adjudications.
28-20          (t)  The court may make a disposition under Subsection (d)(2)
28-21    for delinquent conduct that violates a penal law of the grade of
28-22    misdemeanor if:
28-23                (1)  the child has been adjudicated as having engaged
28-24    in delinquent conduct violating a penal law of the grade of felony
28-25    on at least one previous occasion; and
28-26                (2)  the conduct that is the basis of the current
28-27    adjudication occurred after the date of that previous adjudication.
 29-1          (u)  For the purposes of disposition under Subsection (d)(2),
 29-2    delinquent conduct that violates a penal law of this state of the
 29-3    grade of felony or misdemeanor does not include conduct that
 29-4    violates a lawful order of a municipal, justice, or juvenile court
 29-5    under circumstances that would constitute contempt of that court.
 29-6          SECTION 23.  Section 54.041, Family Code, is amended by
 29-7    amending Subsection (b) and adding Subsection (h) to read as
 29-8    follows:
 29-9          (b)  If a child is found to have engaged in delinquent
29-10    conduct or conduct indicating a need for supervision arising from
29-11    the commission of an offense in which property damage or loss or
29-12    personal injury occurred, the juvenile court, on notice to all
29-13    persons affected and on hearing, may order the child or a parent to
29-14    make full or partial restitution to the victim of the offense.  The
29-15    program of restitution must promote the rehabilitation of the
29-16    child, be appropriate to the age and physical, emotional, and
29-17    mental abilities of the child, and not conflict with the child's
29-18    schooling.  When practicable and subject to court supervision, the
29-19    court may approve a restitution program based on a settlement
29-20    between the child and the victim of the offense.  An order under
29-21    this subsection may provide for periodic payments by the child or a
29-22    parent of the child for the period specified in the order but
29-23    except as provided by Subsection (h), that period may not extend
29-24    past the date of the 18th birthday of the child or past the date
29-25    the child is no longer enrolled in an accredited secondary school
29-26    in a program leading toward a high school diploma, whichever date
29-27    is later.
 30-1          (h)  If the juvenile court places the child on probation in a
 30-2    determinate sentence proceeding initiated under Section 53.045 and
 30-3    transfers supervision on the child's 18th birthday to a district
 30-4    court for placement on community supervision, the district court
 30-5    shall require the payment of any unpaid restitution as a condition
 30-6    of the community supervision.  The liability of the child's parent
 30-7    for restitution may not be extended by transfer to a district court
 30-8    for supervision.
 30-9          SECTION 24.  Section 54.044(a), Family Code, is amended to
30-10    read as follows:
30-11          (a)  If the court places a child on probation under Section
30-12    54.04(d), the court shall require as a condition of probation that
30-13    the child work a specified number of hours at a community service
30-14    project approved by the court and designated by the juvenile
30-15    probation department [board] as provided by Subsection (e), unless
30-16    the court determines and enters a finding on the order placing the
30-17    child on probation that:
30-18                (1)  the child is physically or mentally incapable of
30-19    participating in the project;
30-20                (2)  participating in the project will be a hardship on
30-21    the child or the family of the child; or
30-22                (3)  the child has shown good cause that community
30-23    service should not be required.
30-24          SECTION 25.  Chapter 54, Family Code, is amended by adding
30-25    Section 54.048 to read as follows:
30-26          Sec. 54.048.  RESTITUTION.  (a)  A juvenile court, in a
30-27    disposition hearing under Section 54.04, may order restitution to
 31-1    be made by the child and the child's parents.
 31-2          (b)  This section applies without regard to whether the
 31-3    petition in the case contains a plea for restitution.
 31-4          SECTION 26.  Sections 54.05(d) and (h), Family Code, are
 31-5    amended to read as follows:
 31-6          (d)  A hearing to modify disposition shall be held on the
 31-7    petition of the child and his parent, guardian, guardian ad litem,
 31-8    or attorney, or on the petition of the state, a probation officer,
 31-9    or the court itself.  Reasonable notice of a hearing to modify
31-10    disposition shall be given to all parties.  [When the petition to
31-11    modify is filed under Section 51.03(a)(2) of this code, the court
31-12    must hold an adjudication hearing and make an affirmative finding
31-13    prior to considering any written reports under Subsection (e) of
31-14    this section.]
31-15          (h)  A hearing shall be held prior to placement in a
31-16    post-adjudication secure correctional facility for a period longer
31-17    than 30 days or commitment to the Texas Youth Commission as a
31-18    modified disposition.  In other disposition modifications, the
31-19    child and the child's parent, guardian, guardian ad litem, or
31-20    attorney may waive hearing in accordance with Section 51.09.
31-21          SECTION 27.  Section 54.05(j), Family Code, as added by
31-22    Chapter 1448, Acts of the 76th Legislature, Regular Session, 1999,
31-23    is redesignated as Section 54.05(k), Family Code, and amended to
31-24    read as follows:
31-25          (k) [(j)]  The court may modify a disposition under
31-26    Subsection (f) that is based on a finding that the child engaged in
31-27    delinquent conduct that violates a penal law of the grade of
 32-1    misdemeanor if:
 32-2                (1)  the child has been adjudicated as having engaged
 32-3    in delinquent conduct violating a penal law of the grade of felony
 32-4    or misdemeanor on at least two previous occasions; and
 32-5                (2)  of the previous adjudications, the conduct that
 32-6    was the basis for one of the adjudications occurred after the date
 32-7    of another previous adjudication.
 32-8          SECTION 28.  Section 54.11(d), Family Code, is amended to
 32-9    read as follows:
32-10          (d)  At a hearing under this section the court may consider
32-11    written reports from probation officers, professional court
32-12    employees, [or] professional consultants, or employees of the Texas
32-13    Youth Commission, in addition to the testimony of witnesses.  At
32-14    least one day before the hearing, the court shall provide the
32-15    attorney for the person to be transferred or released under
32-16    supervision with access to all written matter to be considered by
32-17    the court.
32-18          SECTION 29.  Section 55.41, Family Code, is amended by adding
32-19    Subsection (c) to read as follows:
32-20          (c)  On receipt of the court's order, the Texas Department of
32-21    Mental Health and Mental Retardation or the appropriate community
32-22    center shall admit the child to a residential care facility.
32-23          SECTION 30.  Subchapter C, Chapter 55, Family Code, is
32-24    amended by adding Section 55.45 to read as follows:
32-25          Sec. 55.45.  STANDARDS OF CARE; NOTICE OF RELEASE OR
32-26    FURLOUGH. (a)  If the juvenile court or a court to which the
32-27    child's case is referred under Section 55.37(2) orders mental
 33-1    health services for the child, the child shall be cared for,
 33-2    treated, and released in accordance with Subtitle C, Title 7,
 33-3    Health and Safety Code, except that the administrator of a mental
 33-4    health facility shall notify, in writing, by certified mail, return
 33-5    receipt requested, the juvenile court that ordered mental health
 33-6    services or that referred the case to a court that ordered mental
 33-7    health services of the intent to discharge the child on or before
 33-8    the 10th day before the date of discharge.
 33-9          (b)  If the juvenile court or a court to which the child's
33-10    case is referred under Section 55.40(2) orders the commitment of
33-11    the child to a residential care facility, the child shall be cared
33-12    for, treated, and released in accordance with Subtitle D, Title 7,
33-13    Health and Safety Code, except that the administrator of the
33-14    residential care facility shall notify, in writing, by certified
33-15    mail, return receipt requested, the juvenile court that ordered
33-16    commitment of the child or that referred the case to a court that
33-17    ordered commitment of the child of the intent to discharge or
33-18    furlough the child on or before the 20th day before the date of
33-19    discharge or furlough.
33-20          SECTION 31.  Section 55.60, Family Code, is amended by adding
33-21    Subsection (c) to read as follows:
33-22          (c)  On receipt of the court's order, the Texas Department of
33-23    Mental Health and Mental Retardation or the appropriate community
33-24    center shall admit the child to a residential care facility.
33-25          SECTION 32.  Section 56.01, Family Code, is amended by adding
33-26    Subsection (o) to read as follows:
33-27          (o)  This section does not limit a child's right to obtain a
 34-1    writ of habeas corpus.
 34-2          SECTION 33.  Section 58.002, Family Code, is amended by
 34-3    amending Subsections (a) and (b) and adding Subsection (e) to read
 34-4    as follows:
 34-5          (a)  Except as provided by Chapter 63, Code of Criminal
 34-6    Procedure [Chapter 79, Human Resources Code], a child may not be
 34-7    photographed or fingerprinted without the consent of the juvenile
 34-8    court unless the child is taken into custody or referred to the
 34-9    juvenile court for conduct that constitutes a felony or a
34-10    misdemeanor punishable by confinement in jail.
34-11          (b)  On or before December 31 of each year, the head of each
34-12    municipal or county law enforcement agency located in a county
34-13    shall certify to the juvenile board for that county that the
34-14    photographs and fingerprints required to be destroyed under Section
34-15    58.001 have been destroyed.  The juvenile board shall conduct or
34-16    cause to be conducted an audit of the records of the law
34-17    enforcement agency to verify the destruction of the photographs and
34-18    fingerprints and the law enforcement agency shall make its records
34-19    available for this purpose.  If the audit shows that the
34-20    certification provided by the head of the law enforcement agency is
34-21    false, that person is subject to prosecution for perjury under
34-22    Chapter 37, Penal Code.
34-23          (e)  This section does not prohibit a law enforcement officer
34-24    from fingerprinting or photographing a child as provided by Section
34-25    58.0021.
34-26          SECTION 34.  Subchapter A, Chapter 58, Family Code, is
34-27    amended by adding Section 58.0021 to read as follows:
 35-1          Sec. 58.0021.  FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN
 35-2    INVESTIGATION. (a)  A law enforcement officer may take temporary
 35-3    custody of a child to take the child's fingerprints if:
 35-4                (1)  the officer has probable cause to believe that the
 35-5    child has engaged in delinquent conduct;
 35-6                (2)  the officer has investigated that conduct and has
 35-7    found other fingerprints during the investigation; and
 35-8                (3)  the officer has probable cause to believe that the
 35-9    child's fingerprints will match the other fingerprints.
35-10          (b)  A law enforcement officer may take temporary custody of
35-11    a child to take the child's photograph if:
35-12                (1)  the officer has probable cause to believe that the
35-13    child has engaged in delinquent conduct; and
35-14                (2)  the officer has probable cause to believe that the
35-15    child's photograph will be of material assistance in the
35-16    investigation of that conduct.
35-17          (c)  Temporary custody for the purpose described by
35-18    Subsection (a) or (b):
35-19                (1)  is not a taking into custody under Section 52.01;
35-20    and
35-21                (2)  may not be reported to the juvenile justice
35-22    information system under Subchapter B.
35-23          (d)  If a law enforcement officer does not take the child
35-24    into custody under Section 52.01, the child shall be released from
35-25    temporary custody authorized under this section as soon as the
35-26    fingerprints or photographs are obtained.
35-27          (e)  A law enforcement officer who under this section obtains
 36-1    fingerprints or photographs from a child shall:
 36-2                (1)  immediately destroy them if they do not lead to a
 36-3    positive comparison or identification; and
 36-4                (2)  make a reasonable effort to notify the child's
 36-5    parent, guardian, or custodian of the action taken.
 36-6          (f)  A law enforcement officer may under this section obtain
 36-7    fingerprints or photographs from a child at:
 36-8                (1)  a juvenile processing office; or
 36-9                (2)  a location that affords reasonable privacy to the
36-10    child.
36-11          SECTION 35.  Subchapter A, Chapter 58, Family Code, is
36-12    amended by adding Section 58.0022 to read as follows:
36-13          Sec. 58.0022.  FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
36-14    RUNAWAYS. A law enforcement officer who takes a child into custody
36-15    with probable cause to believe that the child has engaged in
36-16    conduct indicating a need for supervision as described by Section
36-17    51.03(b)(3) and who after reasonable effort is unable to determine
36-18    the identity of the child, may fingerprint or photograph the child
36-19    to establish the child's identity.  On determination of the child's
36-20    identity or that the child cannot be identified by the fingerprints
36-21    or photographs, the law enforcement officer shall immediately
36-22    destroy all copies of the fingerprint records or photographs of the
36-23    child.
36-24          SECTION 36. Section 58.007, Family Code, is amended by adding
36-25    Subsection (i) to read as follows:
36-26          (i)  In addition to the authority to release information
36-27    under Subsection (b)(5), a juvenile probation department may
 37-1    release information contained in its records without leave of the
 37-2    juvenile court pursuant to guidelines adopted by the juvenile
 37-3    board.
 37-4          SECTION 37. Subchapter A, Chapter 58, Family Code, is amended
 37-5    by adding Section 58.0071 to read as follows:
 37-6          Sec. 58.0071.  DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND
 37-7    FILES.  (a)  In this section:
 37-8                (1)  "Juvenile case" means:
 37-9                      (A)  a referral for conduct indicating a need for
37-10    supervision or delinquent conduct; or
37-11                      (B)  if a petition was filed, all charges made in
37-12    the petition.
37-13                (2)  "Physical records and files" include entries in a
37-14    computer file or information on microfilm, microfiche, or any other
37-15    electronic storage media.
37-16          (b)  The custodian of physical records and files in a
37-17    juvenile case may destroy the records and files if the custodian
37-18    duplicates the information in the records and files in a computer
37-19    file or information on microfilm, microfiche, or any other
37-20    electronic storage media.
37-21          (c)  The following persons may authorize, subject to
37-22    Subsections (d) and (e) and any other restriction the person may
37-23    impose, the destruction of the physical records and files relating
37-24    to a closed juvenile case:
37-25                (1)  a juvenile board in relation to the records and
37-26    files in the possession of the juvenile probation department;
37-27                (2)  the head of a law enforcement agency in relation
 38-1    to the records and files in the possession of the agency; and
 38-2                (3)  a prosecuting attorney in relation to the records
 38-3    and files in the possession of the prosecuting attorney's office.
 38-4          (d)  The physical records and files of a juvenile case may
 38-5    only be destroyed if the child who is the respondent in the case:
 38-6                (1)  is at least 18 years of age and:
 38-7                      (A)  the most serious allegation adjudicated was
 38-8    conduct indicating a need for supervision;
 38-9                      (B)  the most serious allegation was conduct
38-10    indicating a need for supervision and there was not an
38-11    adjudication; or
38-12                      (C)  the referral or information did not relate
38-13    to conduct indicating a need for supervision or delinquent conduct
38-14    and the juvenile court or the court's staff did not take action on
38-15    the referral or information for that reason;
38-16                (2)  is at least 21 years of age and:
38-17                      (A)  the most serious allegation adjudicated was
38-18    delinquent conduct that violated a penal law of the grade of
38-19    misdemeanor; or
38-20                      (B)  the most serious allegation was delinquent
38-21    conduct that violated a penal law of the grade of misdemeanor or
38-22    felony and there was not an adjudication; or
38-23                (3)  is at least 31 years of age and the most serious
38-24    allegation adjudicated was delinquent conduct that violated a penal
38-25    law of the grade of felony.
38-26          (e)  If a record or file contains information relating to
38-27    more than one juvenile case, information relating to each case may
 39-1    only be destroyed if:
 39-2                (1)  the destruction of the information is authorized
 39-3    under this section; and
 39-4                (2)  the information can be separated from information
 39-5    that is not authorized to be destroyed under this section.
 39-6          (f)  This section does not affect the destruction of physical
 39-7    records and files authorized by the Texas State Library Records
 39-8    Retention Schedule.
 39-9          SECTION 38. Section 58.101(4), Family Code, is amended to
39-10    read as follows:
39-11                (4)  "Incident number" means a unique number assigned
39-12    to a child during a specific custodial or detention period or for a
39-13    specific referral to the office or official designated by the
39-14    juvenile board [court], if the juvenile offender was not taken into
39-15    custody before the referral.
39-16          SECTION 39. Section 58.112, Family Code, is amended to read
39-17    as follows:
39-18          Sec. 58.112.  REPORT TO LEGISLATURE. Not later than August
39-19    [January] 15 of each year, the Texas Juvenile Probation Commission
39-20    [Criminal Justice Policy Council] shall submit to the lieutenant
39-21    governor, the speaker of the house of representatives, and the
39-22    governor a report that contains the following statistical
39-23    information relating to children referred to a juvenile court
39-24    during the preceding year:
39-25                (1)  the ages, races, and counties of residence of the
39-26    children transferred to a district court or criminal district court
39-27    for criminal proceedings; and
 40-1                (2)  the ages, races, and counties of residence of the
 40-2    children committed to the Texas Youth Commission, placed on
 40-3    probation, or discharged without any disposition.
 40-4          SECTION 40. Chapter 58, Family Code, is amended by adding
 40-5    Subchapter C to read as follows:
 40-6         SUBCHAPTER C.  AUTOMATIC RESTRICTION OF ACCESS TO RECORDS
 40-7          Sec. 58.201.  DEFINITION. In this subchapter, "department"
 40-8    means the Department of Public Safety of the State of Texas.
 40-9          Sec. 58.202.  EXEMPTED RECORDS. The following records are
40-10    exempt from this subchapter:
40-11                (1)  sex offender registration records maintained by
40-12    the department or a local law enforcement agency under Chapter 62,
40-13    Code of Criminal Procedure; and
40-14                (2)  records relating to a criminal combination or
40-15    criminal street gang maintained by the department or a local law
40-16    enforcement agency under Chapter 61, Code of Criminal Procedure.
40-17          Sec. 58.203.  CERTIFICATION. The department shall certify to
40-18    the juvenile court or the juvenile probation department to which a
40-19    referral was made that resulted in information being submitted to
40-20    the juvenile justice information system that the records relating
40-21    to a person's juvenile case are subject to automatic restriction of
40-22    access if:
40-23                (1)  the person is at least 21 years of age;
40-24                (2)  the juvenile case did not include violent or
40-25    habitual felony conduct resulting in proceedings in the juvenile
40-26    court under Section 53.045;
40-27                (3)  the juvenile case was not certified for trial in
 41-1    criminal court under Section 54.02; and
 41-2                (4)  the department has not received a report in its
 41-3    criminal history system that the person was granted deferred
 41-4    adjudication for or convicted of a felony or a misdemeanor
 41-5    punishable by confinement in jail for an offense committed after
 41-6    the person became 17 years of age.
 41-7          Sec. 58.204.  RESTRICTED ACCESS ON CERTIFICATION. (a)  On
 41-8    certification of records in a case under Section 58.203, the
 41-9    department, except as provided by Subsection (b):
41-10                (1)  may not disclose the existence of the records or
41-11    any information from the records in response to an inquiry from:
41-12                      (A)  a law enforcement agency;
41-13                      (B)  a criminal or juvenile justice agency;
41-14                      (C)  a governmental or other agency given access
41-15    to information under Chapter 411, Government Code; or
41-16                      (D)  any other person, agency, organization, or
41-17    entity; and
41-18                (2)  shall respond to a request for information about
41-19    the records by stating that the records do not exist.
41-20          (b)  On certification of records in a case under Section
41-21    58.203, the department may permit access to the information in the
41-22    juvenile justice information system relating to the case of an
41-23    individual only:
41-24                (1)  by a criminal justice agency for a criminal
41-25    justice purpose, as those terms are defined by Section 411.082,
41-26    Government Code; or
41-27                (2)  for research purposes, by the Texas Juvenile
 42-1    Probation Commission, the Texas Youth Commission, or the Criminal
 42-2    Justice Policy Council.
 42-3          Sec. 58.205.  REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION
 42-4    ON CERTIFICATION.  On certification of records in a case under
 42-5    Section 58.203, the department shall request the Federal Bureau of
 42-6    Investigation to:
 42-7                (1)  place the information in its files on restricted
 42-8    status, with access only by a criminal justice agency for a
 42-9    criminal justice purpose, as those terms are defined by Section
42-10    411.082, Government Code; or
42-11                (2)  if the action described in Subdivision (1) is not
42-12    feasible, delete all information in its database concerning the
42-13    case.
42-14          Sec. 58.206.  EFFECT OF CERTIFICATION IN RELATION TO THE
42-15    PROTECTED PERSON. (a)  On certification of records in a case under
42-16    Section 58.203:
42-17                (1)  the person who is the subject of the records is
42-18    not required to state in any proceeding, except as otherwise
42-19    authorized by law in a criminal proceeding in which the person is
42-20    testifying as a defendant, or in any application for employment,
42-21    licensing, or other public or private benefit that the person has
42-22    been a respondent in a case under this title and may not be
42-23    punished, by perjury prosecution or otherwise, for denying:
42-24                      (A)  the existence of the records; or
42-25                      (B)  the person's participation in a juvenile
42-26    proceeding related to the records; and
42-27                (2)  information from the records may not be admitted
 43-1    against the person who is the subject of the records in a civil or
 43-2    criminal proceeding except a proceeding in which a juvenile
 43-3    adjudication was admitted under:
 43-4                      (A)  Section 12.42, Penal Code;
 43-5                      (B)  Article 37.07, Code of Criminal Procedure;
 43-6    or
 43-7                      (C)  as otherwise authorized by criminal
 43-8    procedural law.
 43-9          (b)  A person who is the subject of records certified under
43-10    this subchapter may not waive the restricted status of the records
43-11    or the consequences of the restricted status.
43-12          Sec. 58.207.  JUVENILE COURT ORDERS ON CERTIFICATION. (a)  On
43-13    certification of records in a case under Section 58.203, the
43-14    juvenile court shall order:
43-15                (1)  that the following records relating to the case
43-16    may be accessed only as provided by Section 58.204(b):
43-17                      (A)  if the respondent was committed to the Texas
43-18    Youth Commission, records maintained by the commission;
43-19                      (B)  records maintained by the juvenile probation
43-20    department and by any agency that provided care or custody of the
43-21    child under order or arrangement of the juvenile court;
43-22                      (C)  records maintained by the clerk of the
43-23    court;
43-24                      (D)  records maintained by the prosecutor's
43-25    office; and
43-26                      (E)  records maintained by a law enforcement
43-27    agency; and
 44-1                (2)  the juvenile probation department to make a
 44-2    reasonable effort to notify the person who is the subject of
 44-3    records for which access has been restricted of the action
 44-4    restricting access and the legal significance of the action for the
 44-5    person.
 44-6          (b)  On receipt of an order under Subsection (a)(1), the
 44-7    agency maintaining the records:
 44-8                (1)  may allow access only as provided by Section
 44-9    58.204(b); and
44-10                (2)  shall respond to a request for information about
44-11    the records by stating that the records do not exist.
44-12          Sec. 58.208.  INFORMATION TO CHILD ON DISCHARGE. On the final
44-13    discharge of a child from the juvenile system or on the last
44-14    official action in the case, if there is no adjudication, the
44-15    appropriate juvenile justice official shall provide to the child:
44-16                (1)  a written explanation of how automatic restricted
44-17    access under this subchapter works; and
44-18                (2)  a copy of this subchapter.
44-19          Sec. 58.209.  INFORMATION TO CHILD BY PROBATION OFFICER OR
44-20    TEXAS YOUTH COMMISSION. (a)  When a child is placed on probation
44-21    for an offense that may be eligible for automatic restricted access
44-22    at age 21 or when a child is received by the Texas Youth Commission
44-23    on an indeterminate commitment, a probation officer or an official
44-24    at the Texas Youth Commission reception center, as soon as
44-25    practicable, shall explain the substance of the following
44-26    information to the child:
44-27                (1)  if the child was adjudicated as having committed
 45-1    delinquent conduct for a felony or jailable misdemeanor, that the
 45-2    child probably has a juvenile record with the department and the
 45-3    Federal Bureau of Investigation;
 45-4                (2)  that the child's juvenile record is a permanent
 45-5    record that is not destroyed or erased unless the record is
 45-6    eligible for sealing and the child or the child's family hires a
 45-7    lawyer and files a petition in court to have the record sealed;
 45-8                (3)  that the child's juvenile record, other than
 45-9    treatment records made confidential by law, can be accessed by
45-10    police, sheriff's officers, prosecutors, probation officers,
45-11    correctional officers, and other criminal and juvenile justice
45-12    officials in this state and elsewhere;
45-13                (4)  that the child's juvenile record, other than
45-14    treatment records made confidential by law, can be accessed by
45-15    employers, educational institutions, licensing agencies, and other
45-16    organizations when the child applies for employment or educational
45-17    programs;
45-18                (5)  if the child's juvenile record is placed on
45-19    restricted access when the child becomes 21 years of age, that
45-20    access will be denied to employers, educational institutions, and
45-21    others except for criminal justice agencies;
45-22                (6)  that to have the child's juvenile record placed on
45-23    restricted access at age 21, the child must not:
45-24                      (A)  commit a felony or jailable misdemeanor; and
45-25                      (B)  receive deferred adjudication for or be
45-26    convicted in adult court of a felony or jailable misdemeanor; and
45-27                (7)  that restricted access does not require any action
 46-1    by the child or the child's family, including the filing of a
 46-2    petition or hiring of a lawyer, but occurs automatically at age 21
 46-3    if the child does not commit a criminal offense in the future.
 46-4          (b)  The probation officer or Texas Youth Commission official
 46-5    shall:
 46-6                (1)  give the child a written copy of the explanation
 46-7    provided; and
 46-8                (2)  communicate the same information to at least one
 46-9    of the child's parents or, if none can be found, to the child's
46-10    guardian or custodian.
46-11          (c)  The Texas Juvenile Probation Commission and the Texas
46-12    Youth Commission shall adopt rules to implement this section and to
46-13    facilitate the effective explanation of the information required to
46-14    be communicated by this section.
46-15          Sec. 58.210.  SEALING OR DESTRUCTION OF RECORDS NOT AFFECTED.
46-16    (a)  This subchapter does not prevent or restrict the sealing or
46-17    destruction of juvenile records as authorized by law.
46-18          (b)  Restricted access provided under this subchapter is in
46-19    addition to sealing or destruction of juvenile records.
46-20          (c)  A person who is the subject of records certified under
46-21    this subchapter is entitled to access to the records for the
46-22    purpose of preparing and presenting a motion to seal or destroy the
46-23    records.
46-24          SECTION 41. Sections 59.003(a), (c), and (e), Family Code,
46-25    are amended to read as follows:
46-26          (a)  Subject to Subsection (e), after a child's first
46-27    commission of delinquent conduct or conduct indicating a need for
 47-1    supervision, the probation department or prosecuting attorney may,
 47-2    or the juvenile court may, in a disposition hearing under Section
 47-3    54.04 or a modification hearing under Section 54.05, assign a child
 47-4    one of the following sanction levels according to the child's
 47-5    conduct:
 47-6                (1)  for conduct indicating a need for supervision,
 47-7    other than conduct described in Section 51.03(b)(5) or a Class A or
 47-8    B misdemeanor, the sanction level is one;
 47-9                (2)  for conduct indicating a need for supervision
47-10    under Section 51.03(b)(5) or a Class A or B misdemeanor, other than
47-11    a misdemeanor involving the use or possession of a firearm, or for
47-12    delinquent conduct under Section 51.03(a)(2) [or (3)], the sanction
47-13    level is two;
47-14                (3)  for a misdemeanor involving the use or possession
47-15    of a firearm or for a state jail felony or a felony of the third
47-16    degree, the sanction level is three;
47-17                (4)  for a felony of the second degree, the sanction
47-18    level is four;
47-19                (5)  for a felony of the first degree, other than a
47-20    felony involving the use of a deadly weapon or causing serious
47-21    bodily injury, the sanction level is five;
47-22                (6)  for a felony of the first degree involving the use
47-23    of a deadly weapon or causing serious bodily injury, for an
47-24    aggravated controlled substance felony, or for a capital felony,
47-25    the sanction level is six; or
47-26                (7)  for a felony of the first degree involving the use
47-27    of a deadly weapon or causing serious bodily injury, for an
 48-1    aggravated controlled substance felony, or for a capital felony, if
 48-2    the petition has been approved by a grand jury under Section
 48-3    53.045, or if a petition to transfer the child to criminal court
 48-4    has been filed under Section 54.02, the sanction level is seven.
 48-5          (c)  Subject to Subsection (e), if the child's subsequent
 48-6    commission of delinquent conduct or conduct indicating a need for
 48-7    supervision involves a violation of a penal law of a classification
 48-8    that is the same as or greater than the classification of the
 48-9    child's previous conduct, the juvenile court may assign the child a
48-10    sanction level authorized by law that is one level higher than the
48-11    previously assigned sanction level[, unless:]
48-12                [(1)  the child's previously assigned sanction level is
48-13    five and the child has not been adjudicated for delinquent conduct;]
48-14                [(2)  the child's previously assigned sanction level is
48-15    six, unless the subsequent violation is of a provision listed under
48-16    Section 53.045(a) and the petition has been approved by a grand
48-17    jury under Section 53.045; or]
48-18                [(3)  the child's previously assigned sanction level is
48-19    seven].
48-20          (e)  Except as otherwise provided by this subsection, a [A]
48-21    juvenile court or probation department that deviates from the
48-22    guidelines under this section shall state in writing its reasons
48-23    for the deviation and submit the statement to the juvenile board
48-24    regardless of whether a progressive sanctions program has been
48-25    adopted by the juvenile board.  Nothing in this chapter prohibits
48-26    the imposition of appropriate sanctions that are different from
48-27    those provided at any sanction level.  A juvenile court that makes
 49-1    a disposition required by this title that deviates from the
 49-2    guidelines under this section is not required to report the
 49-3    disposition as a deviation.
 49-4          SECTION 42. Section 59.007(a), Family Code, is amended to
 49-5    read as follows:
 49-6          (a)  For a child at sanction level four, the juvenile court
 49-7    may:
 49-8                (1)  require the child to participate as a condition of
 49-9    probation for not less than three months or more than 12 months in
49-10    an [a highly] intensive services probation [and regimented] program
49-11    that emphasizes frequent contact and reporting with a probation
49-12    officer, discipline, intensive supervision services [physical
49-13    fitness], social responsibility, and productive work;
49-14                (2)  after release from the program described by
49-15    Subdivision (1), continue the child on probation supervision for
49-16    not less than six months or more than 12 months;
49-17                (3)  require the child to make restitution to the
49-18    victim of the child's conduct or perform community service
49-19    restitution appropriate to the nature and degree of harm caused and
49-20    according to the child's ability;
49-21                (4)  impose highly structured restrictions on the
49-22    child's activities and requirements for behavior of the child as
49-23    conditions of probation;
49-24                (5)  require a probation officer to closely monitor the
49-25    child;
49-26                (6)  require the child or the child's parents or
49-27    guardians to participate in programs or services designed to
 50-1    address their particular needs and circumstances; and
 50-2                (7)  if appropriate, impose additional sanctions.
 50-3          SECTION 43. Section 59.011, Family Code, is amended to read
 50-4    as follows:
 50-5          Sec. 59.011.  DUTY OF JUVENILE BOARD.  A juvenile board shall
 50-6    require the juvenile probation department to [prepare a] report
 50-7    progressive sanction data electronically to the Texas Juvenile
 50-8    Probation Commission in the format and time frames specified by the
 50-9    commission [, at least quarterly on forms provided by the
50-10    commission, showing the referrals, probation or progressive
50-11    sanctions violations, and commitments to the Texas Youth Commission
50-12    administered under this chapter according to the progressive
50-13    sanctions guidelines and the reasons for any deviations from the
50-14    guidelines].
50-15          SECTION 44. Section 59.012, Family Code, is amended to read
50-16    as follows:
50-17          Sec. 59.012.  REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
50-18    (a)  [The Texas Youth Commission shall compile information, at
50-19    least quarterly, showing the commitments, placements, parole
50-20    releases, and revocations administered under this chapter according
50-21    to the progressive sanctions guidelines and the reasons for any
50-22    deviation from the guidelines.]
50-23          [(b)  The Texas Juvenile Probation Commission and the Texas
50-24    Youth Commission shall compile the information obtained under this
50-25    section and Section 59.011 and submit this information to the
50-26    Criminal Justice Policy Council.]
50-27          [(c)]  The Criminal Justice Policy Council shall analyze
 51-1    trends related to juvenile referrals, compliance with the
 51-2    progressive sanctions guidelines, and the impact of the guidelines
 51-3    and related reforms on recidivism rates using standard scientific
 51-4    sampling or appropriate scientific methodologies to represent
 51-5    statewide patterns.  The council shall compile other policy studies
 51-6    as determined by the executive director of the council or as
 51-7    requested by the governor, lieutenant governor, or speaker of the
 51-8    house of representatives to assist in policy development.
 51-9          (b)  The Criminal Justice Policy Council shall report its
51-10    findings and related recommendations to improve juvenile justice
51-11    policies to the governor and the members of the legislature on or
51-12    before January 15 of each odd-numbered year.
51-13          (c)  The Criminal Justice Policy Council may incorporate its
51-14    findings and recommendations under this section into its report
51-15    required under Section 413.013, Government Code [the information
51-16    compiled by the Texas Juvenile Probation Commission and the Texas
51-17    Youth Commission under this section and submit the council's
51-18    findings and recommendations at least annually to the governor and
51-19    both houses of the legislature showing the primary reasons for any
51-20    deviation and the effect of the implementation of the sanctions
51-21    guidelines on recidivism rates].
51-22          SECTION 45. Section 261.103(a), Family Code, is amended to
51-23    read as follows:
51-24          (a)  Except as provided by Subsection (b) and Section
51-25    261.405, a report shall be made to:
51-26                (1)  any local or state law enforcement agency;
51-27                (2)  the department if the alleged or suspected abuse
 52-1    involves a person responsible for the care, custody, or welfare of
 52-2    the child;
 52-3                (3)  the state agency that operates, licenses,
 52-4    certifies, or registers the facility in which the alleged abuse or
 52-5    neglect occurred; or
 52-6                (4)  the agency designated by the court to be
 52-7    responsible for the protection of children.
 52-8          SECTION 46. Section 261.405, Family Code, is amended to read
 52-9    as follows:
52-10          Sec. 261.405.  INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS
52-11    AND FACILITIES.  (a)  In this section:
52-12                (1)  "Juvenile justice facility" means a facility
52-13    operated wholly or partly by the juvenile board or by a private
52-14    vendor under a contract with the juvenile board or county that
52-15    serves juveniles under juvenile court jurisdiction. The term
52-16    includes:
52-17                      (A)  a public or private juvenile
52-18    pre-adjudication secure detention facility, including a holdover
52-19    facility;
52-20                      (B)  a public or private juvenile
52-21    post-adjudication secure correctional facility except for a
52-22    facility operated solely for children committed to the Texas Youth
52-23    Commission; and
52-24                      (C)  a public or private non-secure juvenile
52-25    post-adjudication residential treatment facility that is not
52-26    licensed by the Department of Protective and Regulatory Services or
52-27    the Texas Commission on Alcohol and Drug Abuse.
 53-1                (2)  "Juvenile justice program" means a program
 53-2    operated wholly or partly by the juvenile board or by a private
 53-3    vendor under a contract with a juvenile board that serves juveniles
 53-4    under juvenile court jurisdiction.  The term includes:
 53-5                      (A)  a juvenile justice alternative education
 53-6    program; and
 53-7                      (B)  a non-residential program that serves
 53-8    juvenile offenders under the jurisdiction of the juvenile court.
 53-9          (b)  A report of alleged abuse or neglect in any [a public or
53-10    private] juvenile justice program or [pre-adjudication secure
53-11    detention] facility[, including hold-over facilities, or public or
53-12    private juvenile post-adjudication secure correctional facility,
53-13    except for a facility operated solely for children committed to the
53-14    Texas Youth Commission,] shall be made to the Texas Juvenile
53-15    Probation Commission and a local law enforcement agency for
53-16    investigation.  [The local law enforcement agency shall immediately
53-17    notify the Texas Juvenile Probation Commission of any report the
53-18    agency receives.]
53-19          (c) [(b)]  The Texas Juvenile Probation Commission shall
53-20    conduct an investigation as provided by this chapter if the
53-21    commission receives a report of alleged abuse or neglect in any
53-22    juvenile justice program or facility[, including a juvenile justice
53-23    alternative education program, operated wholly or partly by:]
53-24                [(1)  a local juvenile probation department; or]
53-25                [(2)  a private vendor operating under the authority of
53-26    a county juvenile board in accordance with the standards adopted by
53-27    the commission].
 54-1          (d) [(c)]  In an investigation required under this section,
 54-2    the investigating agency shall have access to medical and mental
 54-3    health records as provided by Subchapter D.
 54-4          SECTION 47. Subsections (a) and (g), Article 15.27, Code of
 54-5    Criminal Procedure, are amended to read as follows:
 54-6          (a)  A law enforcement agency that arrests any person or
 54-7    refers a child to the office or official designated by the juvenile
 54-8    board [court] who the agency believes is enrolled as a student in a
 54-9    public primary or secondary school, for an offense listed in
54-10    Subsection (h), shall attempt to ascertain whether the person is so
54-11    enrolled.  If the law enforcement agency ascertains that the
54-12    individual is enrolled as a student in a public primary or
54-13    secondary school, the agency shall orally notify the superintendent
54-14    or a person designated by the superintendent in the school district
54-15    in which the student is enrolled of that arrest or referral within
54-16    24 hours after the arrest or referral is made, or on the next
54-17    school day.  If the law enforcement agency cannot ascertain whether
54-18    the individual is enrolled as a student, the agency shall orally
54-19    notify the superintendent or a person designated by the
54-20    superintendent in the school district in which the student is
54-21    believed to be enrolled of that arrest or detention within 24 hours
54-22    after the arrest or detention, or on the next school day.  If the
54-23    individual is a student, the superintendent shall promptly notify
54-24    all instructional and support personnel who have responsibility for
54-25    supervision of the student.  All personnel shall keep the
54-26    information received in this subsection confidential.  The State
54-27    Board for Educator Certification may revoke or suspend the
 55-1    certification of personnel who intentionally violate this
 55-2    subsection.  Within seven days after the date the oral notice is
 55-3    given, the law enforcement agency shall mail written notification,
 55-4    marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
 55-5    superintendent or the person designated by the superintendent. Both
 55-6    the oral and written notice shall contain sufficient details of the
 55-7    arrest or referral and the acts allegedly committed by the student
 55-8    to enable the superintendent or the superintendent's designee to
 55-9    determine whether there is a reasonable belief that the student has
55-10    engaged in conduct defined as a felony offense by the Penal Code.
55-11    The information contained in the notice may be considered by the
55-12    superintendent or the superintendent's designee in making such a
55-13    determination.
55-14          (g)  The office of the prosecuting attorney or the office or
55-15    official designated by the juvenile board [court] shall, within two
55-16    working days, notify the school district that removed a student to
55-17    an alternative education program under Section 37.006, Education
55-18    Code, if:
55-19                (1)  prosecution of the student's case was refused for
55-20    lack of prosecutorial merit or insufficient evidence and no formal
55-21    proceedings, deferred adjudication, or deferred prosecution will be
55-22    initiated; or
55-23                (2)  the court or jury found the student not guilty or
55-24    made a finding the child did not engage in delinquent conduct or
55-25    conduct indicating a need for supervision and the case was
55-26    dismissed with prejudice.
55-27          SECTION 48. Article 15.27(h), Code of Criminal Procedure, as
 56-1    amended by Chapters 1015 and 1233, Acts of the 75th Legislature,
 56-2    Regular Session, 1997, is reenacted and amended to read as follows:
 56-3          (h)  This article applies to any felony offense and the
 56-4    following misdemeanors:
 56-5                (1)  an offense under Section [19.02, 19.03, 19.04,
 56-6    19.05,] 20.02, [20.03, 20.04,] 21.08, [21.11,] 22.01, [22.011,
 56-7    22.02, 22.021, 22.04,] 22.05, 22.07, [28.02, 29.02, 29.03, 30.02,]
 56-8    or 71.02, Penal Code;
 56-9                (2)  the unlawful use, sale, or possession of a
56-10    controlled substance, drug paraphernalia, or marihuana, as defined
56-11    by Chapter 481, Health and Safety Code; or
56-12                (3)  the unlawful possession of any of the weapons or
56-13    devices listed in Sections 46.01(1)-(14) or (16), Penal Code,[;] or
56-14    a weapon listed as a prohibited weapon under Section 46.05, Penal
56-15    Code[; or]
56-16                [(4)  a felony offense in which a deadly weapon, as
56-17    defined by Section 1.07, Penal Code, was used or exhibited].
56-18          SECTION 49. Subchapter B, Chapter 45, Code of Criminal
56-19    Procedure, is amended by adding Article 45.0216 to read as follows:
56-20          Art. 45.0216.  EXPUNCTION OF CERTAIN CONVICTION RECORDS OF
56-21    CHILDREN. (a)  In this article, "child" has the meaning assigned by
56-22    Section 51.02, Family Code.
56-23          (b)  A person convicted of not more than one offense
56-24    described by Section 8.07(a)(4) or (5), Penal Code, while the
56-25    person was a child may, on or after the person's 17th birthday,
56-26    apply to the court in which the child was convicted to have the
56-27    conviction expunged as provided by this article.
 57-1          (c)  The person must make a written request to have the
 57-2    records expunged.  The request is not required to be under oath.
 57-3          (d)  The request must contain the person's statement that the
 57-4    person was not convicted while the person was a child of any
 57-5    offense described by Section 8.07(a)(4) or (5), Penal Code, other
 57-6    than the offense the person seeks to have expunged.
 57-7          (e)  The judge shall inform the person and any parent in open
 57-8    court of the person's expunction rights and provide them with a
 57-9    copy of this article.
57-10          (f)  If the court finds that the person was not convicted of
57-11    any other offense described by Section 8.07(a)(4) or (5), Penal
57-12    Code, while the person was a child, the court shall order the
57-13    conviction, together with all complaints, verdicts, sentences, and
57-14    prosecutorial and law enforcement records, and any other documents
57-15    relating to the offense, expunged from the person's record.   After
57-16    entry of the order, the person is released from all disabilities
57-17    resulting from the conviction and the conviction may not be shown
57-18    or made known for any purpose.
57-19          (g)  This article does not apply to any offense otherwise
57-20    covered by:
57-21                (1)  Chapter 106, Alcoholic Beverage Code;
57-22                (2)  Chapter 161, Health and Safety Code; or
57-23                (3)  Section 25.094, Education Code.
57-24          (h)  Records of a person under 17 years of age relating to a
57-25    complaint dismissed as provided by Article 45.051 or 45.052 may be
57-26    expunged under this article.
57-27          (i)  The justice or municipal court may not require a person
 58-1    who requests expungement under this article to pay any fee or court
 58-2    costs.
 58-3          (j)  The procedures for expunction provided under this
 58-4    article are separate and distinct from the expunction procedures
 58-5    under Chapter 55.
 58-6          SECTION 50. Article 45.050(b), Code of Criminal Procedure, is
 58-7    amended to read as follows:
 58-8          (b)  If a person who is a child under Section 51.02, Family
 58-9    Code, fails to obey an order of a justice or municipal court under
58-10    circumstances that would constitute contempt of court, the justice
58-11    or municipal court has jurisdiction to:
58-12                (1)  hold the child in contempt of the justice or
58-13    municipal court order as provided by Section 54.023 [52.027(h)],
58-14    Family Code; or
58-15                (2)  refer the child to the appropriate juvenile court
58-16    for delinquent conduct for contempt of the justice or municipal
58-17    court order.
58-18          SECTION 51. Subchapter B, Chapter 45, Code of Criminal
58-19    Procedure, is amended by adding Article 45.054 to read as follows:
58-20          Art. 45.054.  AUTHORITY TO EMPLOY CASE MANAGERS FOR JUVENILE
58-21    CASES. (a)  A justice or municipal court, with the written consent
58-22    of the city council or the commissioners court, as appropriate, may
58-23    employ a case manager to provide services in cases before the court
58-24    dealing with juvenile offenders consistent with the court's
58-25    statutory powers.
58-26          (b)  One or more justice or municipal courts, with the
58-27    written consent of the city council or the commissioners court, as
 59-1    appropriate, may agree under Chapter 791, Government Code, to
 59-2    jointly employ a case manager.
 59-3          SECTION 52. Article 62.12(a), Code of Criminal Procedure, is
 59-4    amended to read as follows:
 59-5          (a)  The duty to register for a person with a reportable
 59-6    conviction [or adjudication] for a sexually violent offense or for
 59-7    an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal Code,
 59-8    ends when the person dies.  This subsection does not apply to an
 59-9    adjudication by a juvenile court under Title 3, Family Code.
59-10          SECTION 53. Chapter 62, Code of Criminal Procedure, is
59-11    amended by adding Article 62.13 to read as follows:
59-12          Art. 62.13.  HEARING TO DETERMINE NEED FOR REGISTRATION OF A
59-13    JUVENILE. (a)  A person who has an adjudication of delinquent
59-14    conduct that would otherwise be reportable under Article 62.01(5)
59-15    does not have a reportable adjudication of delinquent conduct for
59-16    purposes of this chapter if the juvenile court enters an order
59-17    under this article excusing compliance by the person with the
59-18    registration requirements of this chapter.
59-19          (b)  After disposition of a case under Section 54.04, Family
59-20    Code, for adjudication of an offense for which registration is
59-21    required under this chapter, the juvenile court on motion of the
59-22    respondent shall conduct a hearing to determine whether the
59-23    interests of the public require registration under this chapter.
59-24          (c)  The hearing is without a jury and the burden of
59-25    persuasion is on the respondent to show by a preponderance of
59-26    evidence that the criteria of Subsection (e) have been met. The
59-27    court at the hearing may make its determination based on:
 60-1                (1)  the receipt of exhibits;
 60-2                (2)  the testimony of witnesses;
 60-3                (3)  representations of counsel for the parties; or
 60-4                (4)  the contents of a social history report prepared
 60-5    by the juvenile probation department that may include the results
 60-6    of testing and examination of the respondent by a psychologist,
 60-7    psychiatrist, or counselor.
 60-8          (d)  All written matter considered by the court shall be
 60-9    disclosed to all parties as provided by Section 54.04(b), Family
60-10    Code.
60-11          (e)  The court shall enter an order excusing compliance with
60-12    the registration requirements of this chapter if the court
60-13    determines:
60-14                (1)  that the protection of the public would not be
60-15    increased by registration of the respondent under this chapter; or
60-16                (2)  that any potential increase in protection of the
60-17    public resulting from registration is clearly outweighed by the
60-18    anticipated substantial harm to the respondent and the respondent's
60-19    family that would result from registration under this chapter.
60-20          (f)  The prosecuting attorney may waive the state's right to
60-21    a hearing under this article and agree that registration under this
60-22    chapter is not required.  If the waiver is entered under a plea
60-23    agreement, the court shall without a hearing enter an order
60-24    excusing compliance with the registration requirements of this
60-25    chapter or, under Section 54.03(j), Family Code, inform the
60-26    respondent that the court believes a hearing under this article is
60-27    required and give the respondent the opportunity to withdraw the
 61-1    respondent's plea of guilty, nolo contendere, or true or to affirm
 61-2    the respondent's plea and participate in the hearing.  If the
 61-3    waiver is entered other than under a plea agreement, the court
 61-4    shall without a hearing enter an order excusing compliance with the
 61-5    registration requirements of this chapter.  The waiver must state
 61-6    whether or not it is entered under a plea agreement.  The
 61-7    respondent may as part of a plea agreement promise not to file a
 61-8    motion seeking an order excusing registration, in which case the
 61-9    court may not recognize the motion.
61-10          (g)  Notwithstanding Section 56.01, Family Code, on entry by
61-11    a juvenile court of an order under Subsection (e) excusing
61-12    registration under this chapter, the prosecuting attorney may
61-13    appeal that order by giving notice of appeal within the time
61-14    required under Rule 26.2(b), Texas Rules of Appellate Procedure.
61-15    The appeal is civil and the standard of review in the appellate
61-16    court is whether the juvenile court committed procedural error or
61-17    abused its discretion in excusing compliance with registration.
61-18    The appeal is limited to review of the order excusing compliance
61-19    with registration and may not include any other issues in the case.
61-20          (h)  The respondent may under Section 56.01, Family Code,
61-21    appeal the juvenile court's order requiring registration in the
61-22    same manner as the appeal of any other legal issue in the case.
61-23    The standard of review in the appellate court is whether the
61-24    juvenile court committed procedural error or abused its discretion
61-25    in not excusing compliance with registration.
61-26          (i)  If the juvenile court enters an order excusing
61-27    registration, the respondent may not be required to register in
 62-1    this or any other state for the offense for which registration was
 62-2    excused.
 62-3          (j)  After a hearing under Subsection (b)  or under a plea
 62-4    agreement under Subsection (f), the juvenile court may enter an
 62-5    order deferring decision on requiring registration until the
 62-6    respondent has completed a sex offender treatment program as a
 62-7    condition of probation or while committed to the Texas Youth
 62-8    Commission.  The court retains discretion to require or to excuse
 62-9    registration at any time during the treatment program or on its
62-10    successful or unsuccessful completion.  During the period of
62-11    deferral, registration may not be required.
62-12          (k)  After a hearing under Subsection (b)  or under a plea
62-13    agreement under Subsection (f), the juvenile court may enter an
62-14    order requiring the respondent to register as a sex offender but
62-15    provide that the registration information is not public information
62-16    and is restricted to use by law enforcement and criminal justice
62-17    agencies.  Information obtained under this subsection may not be
62-18    posted on the Internet or released to the public.
62-19          (l)  A person who has registered as a sex offender for an
62-20    adjudication of delinquent conduct, regardless of when the
62-21    delinquent conduct or the adjudication for the conduct occurred,
62-22    may file a motion in the adjudicating juvenile court for a hearing
62-23    seeking excusal from registration as provided by Subsection (e) or
62-24    seeking under Subsection (k) an order that the registration become
62-25    nonpublic.
62-26          (m)  The person may file a motion under Subsection (l) in the
62-27    original juvenile case regardless of whether the person is at the
 63-1    time of filing 18 years of age or older.  Notice of the motion
 63-2    shall be provided to the prosecuting attorney.  A hearing on the
 63-3    motion shall be provided as in other cases under this article.
 63-4          (n)  A motion may be filed under Subsection (l) only if a
 63-5    previous motion under this article has not been filed concerning
 63-6    that case.
 63-7          (o)  To the extent feasible, the motion under Subsection (l)
 63-8    shall identify those public and private agencies and organizations
 63-9    that possess sex offender registration information about the case.
63-10          (p)  The juvenile court, after a hearing, may:
63-11                (1)  deny the motion;
63-12                (2)  grant the motion to excuse all registration; or
63-13                (3)  grant the motion to change the registration from
63-14    public to nonpublic.
63-15          (q)  If the court grants the motion, a copy of the court's
63-16    order shall be sent to each public and private agency or
63-17    organization that the court determines may be in possession of sex
63-18    offender registration information.  The order shall require the
63-19    recipient to conform its records to the court's orders either by
63-20    deleting the information or changing its status to nonpublic, as
63-21    the order requires.
63-22          (r)  A private agency or organization that possesses sex
63-23    offender registration information it obtained from a state, county,
63-24    or local governmental entity is required to conform its records to
63-25    the court's order on or before the 30th day after the date of its
63-26    entry.  Failure to comply in that period automatically bars the
63-27    agency or organization from obtaining sex offender registration
 64-1    information from any state, county, or local governmental entity in
 64-2    this state in the future.
 64-3          SECTION 54. Section 25.094(d), Education Code, is amended to
 64-4    read as follows:
 64-5          (d)  If the justice or municipal court believes [finds] that
 64-6    a child has violated an order issued under Subsection (c), the
 64-7    court may proceed as authorized by Section 54.023, Family Code, by
 64-8    holding [shall transfer the complaint against] the child in
 64-9    contempt and imposing a fine not to exceed $500 or by referring[,
64-10    together with all pleadings and orders, to a juvenile court for the
64-11    county in which] the child to [resides.  The] juvenile court for
64-12    delinquent [shall] conduct [an adjudication hearing as provided by
64-13    Section 54.03, Family Code.  The adjudication hearing shall be de
64-14    novo].
64-15          SECTION 55. Subchapter F, Chapter 411, Government Code, is
64-16    amended by adding Sections 411.137 and 411.138 to read as follows:
64-17          Sec. 411.137.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
64-18    TEXAS JUVENILE PROBATION COMMISSION. The Texas Juvenile Probation
64-19    Commission is entitled to obtain from the department criminal
64-20    history record information maintained by the department that
64-21    relates to a person who is:
64-22                (1)  an applicant for a position with the commission;
64-23                (2)  an applicant for certification from the
64-24    commission; or
64-25                (3)  a holder of a certification from the commission.
64-26          Sec. 411.138.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
64-27    JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT. A juvenile board
 65-1    or juvenile probation department is entitled to obtain from the
 65-2    department criminal history record information maintained by the
 65-3    department that relates to a person who is:
 65-4                (1)  an applicant for a position with the juvenile
 65-5    probation department;
 65-6                (2)  an employee for whom the juvenile board or
 65-7    juvenile probation department will seek certification from the
 65-8    Texas Juvenile Probation Commission; or
 65-9                (3)  an employee or department applicant who currently
65-10    holds certification from the Texas Juvenile Probation Commission.
65-11          SECTION 56. Section 499.053, Government Code, is amended by
65-12    adding Subsection (d) to read as follows:
65-13          (d)  A person transferred from the Texas Youth Commission for
65-14    the offense of capital murder shall become eligible for parole as
65-15    provided in Section 508.145(d) for an offense listed in Section 3g,
65-16    Article 42.12, Code of Criminal Procedure, or an offense for which
65-17    a deadly weapon finding has been made.
65-18          SECTION 57. Section 141.042(e), Human Resources Code, is
65-19    amended to read as follows:
65-20          (e)  Juvenile probation departments shall use the mental
65-21    health screening instrument selected [standard assessment tool
65-22    developed] by the commission [or a similar tool developed by a
65-23    juvenile probation department and approved by the commission] for
65-24    the initial screening [assessment] of children under the
65-25    jurisdiction of probation departments who have been formally
65-26    referred to the department.  The commission shall give priority to
65-27    training in the use of this instrument [tool] in any preservice or
 66-1    in-service training that the commission provides for probation
 66-2    officers.  Juvenile probation departments shall report data [the
 66-3    information relating to the results] from the use of the screening
 66-4    instrument [standard assessment tool or other similar tool] to the
 66-5    commission in a format and in the time [manner] prescribed by the
 66-6    commission.  [The assessment tool shall:]
 66-7                [(1)  facilitate assessment of a child's mental health,
 66-8    family background, and level of education; and]
 66-9                [(2)  assist juvenile probation departments in
66-10    determining when a child in the department's jurisdiction is in
66-11    need of comprehensive psychological or other evaluation.]
66-12          SECTION 58. Section 141.0471(c), Human Resources Code, is
66-13    amended to read as follows:
66-14          (c)  The governing board of each [Each] agency shall [by
66-15    rule] adopt the coordinated strategic plan on or before December
66-16    1st of each odd-numbered year, or before the adoption of the
66-17    agency's individual strategic plan, whichever is earlier.
66-18          SECTION 59. Section 141.061, Human Resources Code, is amended
66-19    by adding Subsection (f) to read as follows:
66-20          (f)  The commission may waive the degree accreditation
66-21    requirement in Subsection (a)(2) if the applicant possesses a
66-22    foreign or other degree that the commission determines is the
66-23    substantial equivalent of a bachelor's degree.  The commission
66-24    shall adopt rules defining the procedures to be used to request a
66-25    waiver of the accreditation requirement in Subsection (a)(2).
66-26          SECTION 60. Section 141.065, Human Resources Code, is amended
66-27    to read as follows:
 67-1          Sec. 141.065.  PERSONS WHO MAY NOT ACT AS JUVENILE PROBATION,
 67-2    DETENTION, OR CORRECTIONS OFFICERS. A peace officer, prosecuting
 67-3    attorney, or other person who is employed by or who reports
 67-4    directly to a law enforcement or prosecution official may not act
 67-5    as a juvenile probation, detention, or corrections officer or be
 67-6    made responsible for supervising a juvenile on probation.
 67-7          SECTION 61. Section 141.066, Human Resources Code, is amended
 67-8    to read as follows:
 67-9          Sec. 141.066.  PROHIBITION ON CARRYING FIREARM. (a)  A
67-10    juvenile probation, detention, or corrections officer may not carry
67-11    a firearm in the course of the person's official duties.
67-12          (b)  This section does not apply to an employee of the Texas
67-13    Youth Commission.
67-14          SECTION 62. Chapter 142, Human Resources Code, is amended by
67-15    adding Section 142.005 to read as follows:
67-16          Sec. 142.005.  ADMINISTRATION OF MEDICATION; IMMUNITY FROM
67-17    LIABILITY. (a)  On the adoption of policies concerning the
67-18    administration of medication to juveniles by authorized employees,
67-19    the juvenile board and any authorized employee of a program or
67-20    facility operated by the juvenile board are not liable for damages
67-21    arising from the administration of medication to a juvenile if:
67-22                (1)  the program or facility administrator has received
67-23    a written request to administer the medication from the parent,
67-24    legal guardian, or other person having legal control over the
67-25    juvenile; and
67-26                (2)  when administering prescription medication, the
67-27    medication appears to be in the original container and to be
 68-1    properly labeled.
 68-2          (b)  This section does not apply to:
 68-3                (1)  damages arising from the administration of
 68-4    medication that is not in accordance with the prescription issued
 68-5    by a medical practitioner; or
 68-6                (2)  an act or omission of a person administering
 68-7    medication if the act or omission is:
 68-8                      (A)  reckless or intentional;
 68-9                      (B)  done wilfully, wantonly, or with gross
68-10    negligence; or
68-11                      (C)  done with conscious indifference or reckless
68-12    disregard for the safety of others.
68-13          SECTION 63. Section 152.0007(a), Human Resources Code, is
68-14    amended to read as follows:
68-15          (a)  The juvenile board shall:
68-16                (1)  establish a juvenile probation department and
68-17    employ [personnel to conduct probation services, including] a chief
68-18    probation officer [and, if more than one officer is necessary,
68-19    assistant officers,] who meets [meet] the standards set by the
68-20    Texas Juvenile Probation Commission; and
68-21                (2)  adopt a budget and establish policies, including
68-22    financial policies, for [operate or supervise] juvenile services
68-23    within the jurisdiction of the board [in the county and make
68-24    recommendations as to the need for and purchase of services].
68-25          SECTION 64. Section 152.0008(a), Human Resources Code, is
68-26    amended to read as follows:
68-27          (a)  The chief juvenile probation officer may, within the
 69-1    budget adopted by the board, employ:
 69-2                (1)  assistant officers who meet the standards set by
 69-3    the Texas Juvenile Probation Commission; and
 69-4                (2)  other [appoint] necessary personnel [with the
 69-5    approval of the board].
 69-6          SECTION 65. Sections 152.0010(a) and (b), Human Resources
 69-7    Code, are amended to read as follows:
 69-8          (a)  A [Each] juvenile board may [shall] appoint an advisory
 69-9    council consisting of the number of [not more than nine] citizen
69-10    members determined appropriate by the board.  To the extent
69-11    available in the county, the advisory council may include [,
69-12    including]:
69-13                (1)  a prosecuting attorney as defined by Section
69-14    51.02, Family Code;
69-15                (2)  a mental health professional;
69-16                (3)  a medical health professional; and
69-17                (4)  a representative of the education community.
69-18          (b)  Council members serve [for staggered two-year] terms as
69-19    specified by the board [with as near as possible to half of the
69-20    members' terms expiring on January 31 of each year].
69-21          SECTION 66. Subchapter A, Chapter 152, Human Resources Code,
69-22    is amended by adding Section 152.0013 to read as follows:
69-23          Sec. 152.0013.  IMMUNITY FROM LIABILITY. (a)  A member of a
69-24    juvenile board is not liable for damages arising from an act or
69-25    omission committed while performing duties as a board member.
69-26          (b)  This section does not apply if the act or omission is:
69-27                (1)  reckless or intentional;
 70-1                (2)  done wilfully, wantonly, or with gross negligence;
 70-2    or
 70-3                (3)  done with conscious indifference or reckless
 70-4    disregard for the safety of others.
 70-5          SECTION 67. Section 8.07(a), Penal Code, is amended to read
 70-6    as follows:
 70-7          (a)  A person may not be prosecuted for or convicted of any
 70-8    offense that the person [he] committed when younger than 15 years
 70-9    of age except:
70-10                (1)  perjury and aggravated perjury when it appears by
70-11    proof that the person [he] had sufficient discretion to understand
70-12    the nature and obligation of an oath;
70-13                (2)  a violation of a penal statute cognizable under
70-14    Chapter 729, Transportation Code, except for:
70-15                      (A)  an offense under Section 550.021,
70-16    Transportation Code;
70-17                      (B)  an offense punishable as a Class B
70-18    misdemeanor under Section 550.022, Transportation Code; or
70-19                      (C)  an offense punishable as a Class B
70-20    misdemeanor under Section 550.024, Transportation Code;
70-21                (3)  a violation of a motor vehicle traffic ordinance
70-22    of an incorporated city or town in this state;
70-23                (4)  a misdemeanor punishable by fine only other than
70-24    public intoxication;
70-25                (5)  a violation of a penal ordinance of a political
70-26    subdivision; [or]
70-27                (6)  a violation of a penal statute that is, or is a
 71-1    lesser included offense of, a capital felony, an aggravated
 71-2    controlled substance felony, or a felony of the first degree for
 71-3    which the person is transferred to the court under Section 54.02,
 71-4    Family Code, for prosecution if the person committed the offense
 71-5    when 14 years of age or older; or
 71-6                (7)  a capital felony or an offense under Section 19.02
 71-7    for which the person is transferred to the court under Section
 71-8    54.02(j)(2)(A), Family Code.
 71-9          SECTION 68. Section 39.04(e)(2), Penal Code, is amended to
71-10    read as follows:
71-11                (2)  "Custody" means the detention, arrest, or
71-12    confinement of an adult offender or the detention or the commitment
71-13    of a juvenile offender to a facility operated by or under a
71-14    contract with the Texas Youth Commission or a facility operated by
71-15    or under contract with [of] a juvenile board [offender].
71-16          SECTION 69. The following are repealed:
71-17                (1)  Sections 52.027(h) and (j), Family Code;
71-18                (2)  Section 54.022(e), Family Code;
71-19                (3)  Article 58.01, Code of Criminal Procedure;
71-20                (4)  Section 21.002(h), Government Code; and
71-21                (5)  Section 53.001, Human Resources Code.
71-22          SECTION 70. (a)  This Act takes effect September 1, 2001.
71-23          (b)  Except as otherwise provided by this section, this Act
71-24    applies only to conduct that occurs on or after the effective date
71-25    of this Act.  Conduct violating the penal laws  of this state
71-26    occurs on or after the effective date of this Act if any element of
71-27    the violation occurs on or after that date.  Conduct that occurs
 72-1    before the effective date of this Act is governed by the law in
 72-2    effect at the time the conduct occurred, and that law is continued
 72-3    in effect for that purpose.
 72-4          (c)  Section 54.04, Family Code, as amended by Section 22 of
 72-5    this Act, applies only to a disposition by a court made on or after
 72-6    the effective date of this Act without regard to whether previous
 72-7    adjudications of delinquent conduct on which the disposition is
 72-8    based occurred before, on, or after the effective date of this Act.
 72-9          (d)  Section 58.0071, Family Code, as added by Section 37 of
72-10    this Act, applies to the destruction of records and files in a
72-11    juvenile case on or after the effective date of this Act, without
72-12    regard to whether the records or files destroyed were in existence
72-13    before, on, or after the effective date of this Act.
72-14          (e)  Subchapter C, Chapter 58, Family Code, as added by
72-15    Section 40 of this Act, applies to records relating to a juvenile
72-16    case without regard to whether those records existed or were
72-17    maintained before, on, or after the effective date of this Act.
72-18          (f)  Article 62.13, Code of Criminal Procedure, as added by
72-19    Section 54 of this Act, applies to a juvenile adjudicated for an
72-20    offense for which registration as a sex offender is required and
72-21    applies without regard to whether the offense and adjudication
72-22    occurred before, on, or after the effective date of this Act.