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.