By Goodman H.B. No. 1118
77R2022 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adjudication and disposition of juvenile conduct
1-3 and the administration of the juvenile justice system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.02(12), Family Code, is amended to
1-6 read as follows:
1-7 (12) "Referral to juvenile court" means the referral
1-8 of a child or a child's case to the office or official, including
1-9 an intake officer or probation officer, designated by the juvenile
1-10 board [court] to process children within the juvenile justice
1-11 system.
1-12 SECTION 2. Section 51.03(a), Family Code, is amended to read
1-13 as follows:
1-14 (a) Delinquent conduct is:
1-15 (1) conduct, other than a traffic offense, that
1-16 violates a penal law of this state or of the United States
1-17 punishable by imprisonment or by confinement in jail;
1-18 (2) [conduct that violates a reasonable and lawful
1-19 order of a juvenile court entered under Section 54.04 or 54.05 of
1-20 this code, except an order prohibiting the following conduct:]
1-21 [(A) a violation of the penal laws of this state
1-22 of the grade of misdemeanor that is punishable by fine only or a
1-23 violation of the penal ordinances of any political subdivision of
1-24 this state;]
2-1 [(B) the unexcused voluntary absence of a child
2-2 from school; or]
2-3 [(C) the voluntary absence of a child from his
2-4 home without the consent of his parent or guardian for a
2-5 substantial length of time or without intent to return;]
2-6 [(3)] conduct that violates a lawful order of a
2-7 municipal court or justice court under circumstances that would
2-8 constitute contempt of that court;
2-9 (3) [(4)] conduct that violates Section 49.04, 49.05,
2-10 49.06, 49.07, or 49.08, Penal Code; or
2-11 (4) [(5)] conduct that violates Section 106.041,
2-12 Alcoholic Beverage Code, relating to driving under the influence of
2-13 alcohol by a minor (third or subsequent offense).
2-14 SECTION 3. Section 51.04(g), Family Code, is amended to read
2-15 as follows:
2-16 (g) The juvenile board[, or if there is no juvenile board,
2-17 the juvenile court,] may appoint a referee to make determinations
2-18 under Section 53.02(f) or to conduct hearings under this title.
2-19 The referee shall be an attorney licensed to practice law in this
2-20 state and shall comply with Section 54.10. Payment of any referee
2-21 services shall be provided from county funds.
2-22 SECTION 4. Section 51.041, Family Code, is amended to read as
2-23 follows:
2-24 Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
2-25 retains jurisdiction over a person, without regard to the age of
2-26 the person, for conduct engaged in by the person before becoming 17
2-27 years of age if, as a result of an appeal by the person under
3-1 Chapter 56 or under Article 44.47, Code of Criminal Procedure, of
3-2 an order of the court, the order is reversed or modified and the
3-3 case remanded to the court by the appellate court.
3-4 (b) If the respondent is at least 18 years of age when the
3-5 order of remand from the appellate court is received by the
3-6 juvenile court, the juvenile court shall proceed as provided by
3-7 Sections 54.02(o)-(r) for the detention of a person at least 18
3-8 years of age in discretionary transfer proceedings. Pending
3-9 retrial of the adjudication or transfer proceeding, the juvenile
3-10 court may:
3-11 (1) order the respondent released from custody;
3-12 (2) order the respondent detained in a juvenile
3-13 detention facility; or
3-14 (3) set bond and order the respondent detained in a
3-15 county adult facility if bond is not made.
3-16 SECTION 5. Chapter 51, Family Code, is amended by adding
3-17 Section 51.0412 to read as follows:
3-18 Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The
3-19 court retains jurisdiction over a person, without regard to the age
3-20 of the person, who is a respondent in an adjudication proceeding, a
3-21 disposition proceeding, or a proceeding to modify disposition if:
3-22 (1) the petition or motion to modify was filed while
3-23 the respondent was younger than 18 years of age;
3-24 (2) the proceeding is not complete before the
3-25 respondent becomes 18 years of age; and
3-26 (3) the court enters a finding in the proceeding that
3-27 the prosecuting attorney exercised due diligence in an attempt to
4-1 complete the proceeding before the respondent became 18 years of
4-2 age.
4-3 SECTION 6. Section 51.08, Family Code, is amended by amending
4-4 Subsection (b) and adding Subsection (d) to read as follows:
4-5 (b) A court in which there is pending a complaint against a
4-6 child alleging a violation of a misdemeanor offense punishable by
4-7 fine only other than a traffic offense or public intoxication or a
4-8 violation of a penal ordinance of a political subdivision other
4-9 than a traffic offense:
4-10 (1) except as provided by Subsection (d), shall waive
4-11 its original jurisdiction and refer a child to juvenile court if
4-12 the child has previously been convicted of:
4-13 (A) two or more misdemeanors punishable by fine
4-14 only other than a traffic offense or public intoxication;
4-15 (B) two or more violations of a penal ordinance
4-16 of a political subdivision other than a traffic offense; or
4-17 (C) one or more of each of the types of
4-18 misdemeanors described in Paragraph (A) or (B) of this subdivision;
4-19 and
4-20 (2) may waive its original jurisdiction and refer a
4-21 child to juvenile court if the child:
4-22 (A) has not previously been convicted of a
4-23 misdemeanor punishable by fine only other than a traffic offense or
4-24 public intoxication or a violation of a penal ordinance of a
4-25 political subdivision other than a traffic offense; or
4-26 (B) has previously been convicted of fewer than
4-27 two misdemeanors punishable by fine only other than a traffic
5-1 offense or public intoxication or two violations of a penal
5-2 ordinance of a political subdivision other than a traffic offense.
5-3 (d) A court that has implemented a juvenile case manager
5-4 program under Article 45.054, Code of Criminal Procedure, may, but
5-5 is not required to, waive its original jurisdiction under
5-6 Subsection (b)(1).
5-7 SECTION 7. Section 51.095(a), Family Code, is amended to read
5-8 as follows:
5-9 (a) Notwithstanding Section 51.09, the statement of a child
5-10 is admissible in evidence in any future proceeding concerning the
5-11 matter about which the statement was given if:
5-12 (1) the statement is made in writing under a
5-13 circumstance described by Subsection (d) and:
5-14 (A) the statement shows that the child has at
5-15 some time before the making of the statement received from a
5-16 magistrate a warning that:
5-17 (i) the child may remain silent and not
5-18 make any statement at all and that any statement that the child
5-19 makes may be used in evidence against the child;
5-20 (ii) the child has the right to have an
5-21 attorney present to advise the child either prior to any
5-22 questioning or during the questioning;
5-23 (iii) if the child is unable to employ an
5-24 attorney, the child has the right to have an attorney appointed to
5-25 counsel with the child before or during any interviews with peace
5-26 officers or attorneys representing the state; and
5-27 (iv) the child has the right to terminate
6-1 the interview at any time;
6-2 (B) and:
6-3 (i) the statement must be signed in the
6-4 presence of a magistrate by the child with no law enforcement
6-5 officer or prosecuting attorney present, except that a magistrate
6-6 may require a bailiff or a law enforcement officer if a bailiff is
6-7 not available to be present if the magistrate determines that the
6-8 presence of the bailiff or law enforcement officer is necessary for
6-9 the personal safety of the magistrate or other court personnel,
6-10 provided that the bailiff or law enforcement officer may not carry
6-11 a weapon in the presence of the child; and
6-12 (ii) the magistrate must be fully
6-13 convinced that the child understands the nature and contents of the
6-14 statement and that the child is signing the same voluntarily, and
6-15 if a statement is taken, the magistrate must sign a written
6-16 statement verifying the foregoing requisites have been met;
6-17 (C) the child knowingly, intelligently, and
6-18 voluntarily waives these rights before and during the making of the
6-19 statement and signs the statement in the presence of a magistrate;
6-20 and
6-21 (D) the magistrate certifies that the magistrate
6-22 has examined the child independent of any law enforcement officer
6-23 or prosecuting attorney, except as required to ensure the personal
6-24 safety of the magistrate or other court personnel, and has
6-25 determined that the child understands the nature and contents of
6-26 the statement and has knowingly, intelligently, and voluntarily
6-27 waived these rights;
7-1 (2) the statement is made orally and the child makes a
7-2 statement of facts or circumstances that are found to be true and
7-3 tend[, which conduct tends] to establish the child's guilt, such as
7-4 the finding of secreted or stolen property, or the instrument with
7-5 which the child states the offense was committed;
7-6 (3) the statement was res gestae of the delinquent
7-7 conduct or the conduct indicating a need for supervision or of the
7-8 arrest;
7-9 (4) the statement is made:
7-10 (A) in open court at the child's adjudication
7-11 hearing;
7-12 (B) before a grand jury considering a petition,
7-13 under Section 53.045, that the child engaged in delinquent conduct;
7-14 or
7-15 (C) at a preliminary hearing concerning the
7-16 child held in compliance with this code, other than at a detention
7-17 hearing under Section 54.01; or
7-18 (5) the statement is made orally under a circumstance
7-19 described by Subsection (d) and the statement is recorded by an
7-20 electronic recording device, including a device that records
7-21 images, and:
7-22 (A) before making the statement, the child is
7-23 given the warning described by Subdivision (1)(A) by a magistrate,
7-24 the warning is a part of the recording, and the child knowingly,
7-25 intelligently, and voluntarily waives each right stated in the
7-26 warning;
7-27 (B) the recording device is capable of making an
8-1 accurate recording, the operator of the device is competent to use
8-2 the device, the recording is accurate, and the recording has not
8-3 been altered;
8-4 (C) each voice on the recording is identified;
8-5 and
8-6 (D) not later than the 20th day before the date
8-7 of the proceeding, the attorney representing the child is given a
8-8 complete and accurate copy of each recording of the child made
8-9 under this subdivision.
8-10 SECTION 8. Section 51.10(e), Family Code, is amended to read
8-11 as follows:
8-12 (e) The court may enforce orders under Subsection (d) [(c)
8-13 of this section] by proceedings under Section 54.07 [of this code]
8-14 or by appointing counsel and ordering the parent or other person
8-15 responsible for support of the child to pay a reasonable attorney's
8-16 fee set by the court. The order may be enforced under Section
8-17 54.07 [of this code].
8-18 SECTION 9. Sections 51.12(b), (c), and (l), Family Code, are
8-19 amended to read as follows:
8-20 (b) The proper authorities in each county shall provide a
8-21 suitable place of detention for children who are parties to
8-22 proceedings under this title, but the juvenile board [court] shall
8-23 control the conditions and terms of detention and detention
8-24 supervision and shall permit visitation with the child at all
8-25 reasonable times.
8-26 (c) In each county, each judge of the juvenile court and a
8-27 majority of the members of the juvenile board shall personally
9-1 inspect the juvenile pre-adjudication secure detention facilities
9-2 and any public or private juvenile secure correctional facilities
9-3 used for post-adjudication confinement that are located in the
9-4 county and operated under authority of the juvenile board at least
9-5 annually and shall certify in writing to the authorities
9-6 responsible for operating and giving financial support to the
9-7 facilities and to the Texas Juvenile Probation Commission that they
9-8 are suitable or unsuitable for the detention of children in
9-9 accordance with:
9-10 (1) the requirements of Subsections (a), (f), and (g);
9-11 and
9-12 (2) minimum professional standards for the detention
9-13 of children in pre-adjudication or post-adjudication secure
9-14 confinement promulgated by the Texas Juvenile Probation Commission
9-15 or, at the election of the juvenile board, the current standards
9-16 promulgated by the American Correctional Association.
9-17 (l) A child who is taken into custody and required to be
9-18 detained under Section 53.02(f) may be detained in a county jail or
9-19 other facility until the child is released under Section 53.02(f)
9-20 or until a detention hearing is held as required by Section
9-21 54.01(p), regardless of whether the facility complies with the
9-22 requirements of this section, if:
9-23 (1) a certified juvenile detention facility or a
9-24 secure detention facility described by Subsection (j) is not
9-25 available in the county in which the child is taken into custody or
9-26 in an adjacent county;
9-27 (2) the facility has been designated by the county
10-1 juvenile board for the county in which the facility is located;
10-2 (3) the child is separated by sight and sound from
10-3 adults detained in the same facility through architectural design
10-4 or time-phasing;
10-5 (4) the child does not have any contact with
10-6 management or direct-care staff that has contact with adults
10-7 detained in the same facility on the same work shift;
10-8 (5) the county in which the child is taken into
10-9 custody is not located in a metropolitan statistical area as
10-10 designated by the United States Bureau of the Census; and
10-11 (6) each judge of the juvenile court and a majority of
10-12 the members of the juvenile board of the county in which the child
10-13 is taken into custody have personally inspected the facility at
10-14 least annually and have certified in writing to the Texas Juvenile
10-15 Probation Commission that the facility complies with the
10-16 requirements of Subdivisions (3) and (4).
10-17 SECTION 10. Sections 52.01(c) and (d), Family Code, are
10-18 amended to read as follows:
10-19 (c) A law-enforcement officer authorized to take a child
10-20 into custody under Subdivisions (2) and (3) of Subsection (a) of
10-21 this section may issue a warning notice to the child in lieu of
10-22 taking the child [him] into custody if:
10-23 (1) guidelines for warning disposition have been
10-24 issued by the law-enforcement agency in which the officer works;
10-25 (2) the guidelines have been approved by the juvenile
10-26 court of the county in which the disposition is made;
10-27 (3) the disposition is authorized by the guidelines;
11-1 (4) the warning notice identifies the child and
11-2 describes the child's [his] alleged conduct;
11-3 (5) a copy of the warning notice is sent to the
11-4 child's parent, guardian, or custodian as soon as practicable after
11-5 disposition; and
11-6 (6) a copy of the warning notice is filed with the
11-7 law-enforcement agency and the office or official designated by the
11-8 juvenile board [court].
11-9 (d) A warning notice filed with the office or official
11-10 designated by the juvenile board [court] may be used as the basis
11-11 of further action if necessary.
11-12 SECTION 11. Sections 52.02(a) and (b), Family Code, are
11-13 amended to read as follows:
11-14 (a) Except as provided by Subsection (c), a person taking a
11-15 child into custody, without unnecessary delay and without first
11-16 taking the child to any place other than a juvenile processing
11-17 office designated under Section 52.025, shall do one of the
11-18 following:
11-19 (1) release the child to a parent, guardian, custodian
11-20 of the child, or other responsible adult upon that person's promise
11-21 to bring the child before the juvenile court as requested by the
11-22 court;
11-23 (2) bring the child before the office or official
11-24 designated by the juvenile board [court] if there is probable cause
11-25 to believe that the child engaged in delinquent conduct or conduct
11-26 indicating a need for supervision;
11-27 (3) bring the child to a detention facility designated
12-1 by the juvenile board [court];
12-2 (4) bring the child to a secure detention facility as
12-3 provided by Section 51.12(j);
12-4 (5) bring the child to a medical facility if the child
12-5 is believed to suffer from a serious physical condition or illness
12-6 that requires prompt treatment; or
12-7 (6) dispose of the case under Section 52.03.
12-8 (b) A person taking a child into custody shall promptly give
12-9 notice of the person's [his] action and a statement of the reason
12-10 for taking the child into custody, to:
12-11 (1) the child's parent, guardian, or custodian; and
12-12 (2) the office or official designated by the juvenile
12-13 board [court].
12-14 SECTION 12. Section 52.025(a), Family Code, is amended to
12-15 read as follows:
12-16 (a) The juvenile board [court] may designate an office or a
12-17 room, which may be located in a police facility or sheriff's
12-18 offices, as the juvenile processing office for the temporary
12-19 detention of a child taken into custody under Section 52.01 [of
12-20 this code]. The office may not be a cell or holding facility used
12-21 for detentions other than detentions under this section. The
12-22 juvenile board [court] by written order may prescribe the
12-23 conditions of the designation and limit the activities that may
12-24 occur in the office during the temporary detention.
12-25 SECTION 13. Section 52.027(f), Family Code, is amended to
12-26 read as follows:
12-27 (f) A child taken into custody for an offense that a justice
13-1 or municipal court has jurisdiction of under Article 4.11 or 4.14,
13-2 Code of Criminal Procedure, other than public intoxication, may be
13-3 presented or detained in a detention facility designated by the
13-4 juvenile board [court] under Section 52.02(a)(3) only if:
13-5 (1) the child's non-traffic case is transferred to the
13-6 juvenile court by a municipal court or justice court under Section
13-7 51.08(b); or
13-8 (2) the child is referred to the juvenile court by a
13-9 municipal court or justice court for contempt of court under
13-10 Subsection (h).
13-11 SECTION 14. Section 52.03(d), Family Code, is amended to read
13-12 as follows:
13-13 (d) Statistics indicating the number and kind of
13-14 dispositions made by a law-enforcement agency under the authority
13-15 of this section shall be reported at least annually to the office
13-16 or official designated by the juvenile board [court], as ordered by
13-17 the court.
13-18 SECTION 15. Sections 52.04(a) and (b), Family Code, are
13-19 amended to read as follows:
13-20 (a) The following shall accompany referral of a child or a
13-21 child's case to the office or official designated by the juvenile
13-22 board [court] or be provided as quickly as possible after referral:
13-23 (1) all information in the possession of the person or
13-24 agency making the referral pertaining to the identity of the child
13-25 and the child's [his] address, the name and address of the child's
13-26 parent, guardian, or custodian, the names and addresses of any
13-27 witnesses, and the child's present whereabouts;
14-1 (2) a complete statement of the circumstances of the
14-2 alleged delinquent conduct or conduct indicating a need for
14-3 supervision;
14-4 (3) when applicable, a complete statement of the
14-5 circumstances of taking the child into custody; and
14-6 (4) when referral is by an officer of a
14-7 law-enforcement agency, a complete statement of all prior contacts
14-8 with the child by officers of that law-enforcement agency.
14-9 (b) The office or official designated by the juvenile board
14-10 [court] may refer the case to a law-enforcement agency for the
14-11 purpose of conducting an investigation to obtain necessary
14-12 information.
14-13 SECTION 16. Sections 52.041(c) and (d), Family Code, are
14-14 amended to read as follows:
14-15 (c) Within five working days of receipt of an expulsion
14-16 notice under this section by the office or official designated by
14-17 the juvenile board [court], a preliminary investigation and
14-18 determination shall be conducted as required by Section 53.01.
14-19 (d) The office or official designated by the juvenile board
14-20 [court] shall within two working days notify the school district
14-21 that expelled the child if:
14-22 (1) a determination was made under Section 53.01 that
14-23 the person referred to juvenile court was not a child within the
14-24 meaning of this title;
14-25 (2) a determination was made that no probable cause
14-26 existed to believe the child engaged in delinquent conduct or
14-27 conduct indicating a need for supervision;
15-1 (3) no deferred prosecution or formal court
15-2 proceedings have been or will be initiated involving the child;
15-3 (4) the court or jury finds that the child did not
15-4 engage in delinquent conduct or conduct indicating a need for
15-5 supervision and the case has been dismissed with prejudice; or
15-6 (5) the child was adjudicated but no disposition was
15-7 or will be ordered by the court.
15-8 SECTION 17. Sections 53.01(a) and (c), Family Code, are
15-9 amended to read as follows:
15-10 (a) On referral of a person believed to be a child or on
15-11 referral of the person's case to the office or official designated
15-12 by the juvenile board [court], the intake officer, probation
15-13 officer, or other person authorized by the court shall conduct a
15-14 preliminary investigation to determine whether:
15-15 (1) the person referred to juvenile court is a child
15-16 within the meaning of this title; and
15-17 (2) there is probable cause to believe the person
15-18 engaged in delinquent conduct or conduct indicating a need for
15-19 supervision.
15-20 (c) When custody of a child is given to the office or
15-21 official designated by the juvenile board [court], the intake
15-22 officer, probation officer, or other person authorized by the court
15-23 shall promptly give notice of the whereabouts of the child and a
15-24 statement of the reason the child [he] was taken into custody to
15-25 the child's parent, guardian, or custodian unless the notice given
15-26 under Section 52.02(b) [of this code] provided fair notice of the
15-27 child's present whereabouts.
16-1 SECTION 18. Section 54.01(l), Family Code, is amended to read
16-2 as follows:
16-3 (l) The juvenile board [or, if there is none, the juvenile
16-4 court,] may appoint a referee to conduct the detention hearing.
16-5 The referee shall be an attorney licensed to practice law in this
16-6 state. Such payment or additional payment as may be warranted for
16-7 referee services shall be provided from county funds. Before
16-8 commencing the detention hearing, the referee shall inform the
16-9 parties who have appeared that they are entitled to have the
16-10 hearing before the juvenile court judge or a substitute judge
16-11 authorized by Section 51.04(f) [of this code]. If a party objects
16-12 to the referee conducting the detention hearing, an authorized
16-13 judge shall conduct the hearing within 24 hours. At the conclusion
16-14 of the hearing, the referee shall transmit written findings and
16-15 recommendations to the juvenile court judge or substitute judge.
16-16 The juvenile court judge or substitute judge shall adopt, modify,
16-17 or reject the referee's recommendations not later than the next
16-18 working day after the day that the judge receives the
16-19 recommendations. Failure to act within that time results in
16-20 release of the child by operation of law. A recommendation that
16-21 the child be released operates to secure the child's [his]
16-22 immediate release, subject to the power of the juvenile court judge
16-23 or substitute judge to reject or modify that recommendation. The
16-24 effect of an order detaining a child shall be computed from the
16-25 time of the hearing before the referee.
16-26 SECTION 19. Chapter 54, Family Code, is amended by adding
16-27 Section 54.023 to read as follows:
17-1 Sec. 54.023. JUSTICE OR MUNICIPAL COURT: ENFORCEMENT. (a)
17-2 If a child intentionally or knowingly fails to obey a lawful order
17-3 of disposition after an adjudication of guilt of an offense that a
17-4 justice or municipal court has jurisdiction of under Article 4.11
17-5 or 4.14, Code of Criminal Procedure, the justice or municipal court
17-6 may:
17-7 (1) hold the child in contempt of the justice or
17-8 municipal court order and order the child to pay a fine not to
17-9 exceed $500; or
17-10 (2) refer the child to the appropriate juvenile court
17-11 for delinquent conduct for contempt of the justice or municipal
17-12 court order.
17-13 (b) A justice or municipal court may hold a person in
17-14 contempt and order the person to pay a fine not to exceed $500 if:
17-15 (1) the person as a child was placed under an order of
17-16 the justice or municipal court;
17-17 (2) the person failed to obey the order while the
17-18 person was 17 years of age or older; and
17-19 (3) the failure to obey occurred under circumstances
17-20 that constitute contempt of court.
17-21 (c) A justice or municipal court may hold a person in
17-22 contempt and order the person to pay a fine not to exceed $500 if
17-23 the person, while younger than 17 years of age, engaged in conduct
17-24 in contempt of an order of the justice or municipal court but
17-25 contempt proceedings could not be held before the child's 17th
17-26 birthday.
17-27 (d) A justice or municipal court may not order a child to a
18-1 term of confinement or imprisonment for contempt of a justice or
18-2 municipal court order under this section.
18-3 (e) A justice or municipal court may not refer a child who
18-4 violates a court order while 17 years of age or older to a juvenile
18-5 court for delinquency proceedings for contempt of court.
18-6 SECTION 20. Section 54.03(c), Family Code, is amended to read
18-7 as follows:
18-8 (c) Trial shall be by jury unless jury is waived in
18-9 accordance with Section 51.09 [of this code]. If the hearing is on
18-10 a petition that has been approved by the grand jury under Section
18-11 53.045 [of this code], the jury must consist of 12 persons and be
18-12 selected in accordance with the requirements in criminal cases.
18-13 Jury verdicts under this title must be unanimous.
18-14 SECTION 21. Chapter 54, Family Code, is amended by adding
18-15 Section 54.035 to read as follows:
18-16 Sec. 54.035. ADMISSIBILITY OF STATEMENT TAKEN OUTSIDE OF
18-17 STATE. A statement taken by a law enforcement officer, other than a
18-18 peace officer of this state designated under Article 2.12, Code of
18-19 Criminal Procedure, from a child in custody outside this state is
18-20 admissible in any proceeding under this title, without regard to
18-21 whether the statement was obtained in violation of this title, if
18-22 it is obtained in compliance with:
18-23 (1) the constitution of the United States; and
18-24 (2) the law applicable to the place where the
18-25 statement was obtained.
18-26 SECTION 22. Section 54.04, Family Code, as amended by
18-27 Chapters 1193, 1415, 1448, and 1477, Acts of the 76th Legislature,
19-1 Regular Session, 1999, is reenacted and amended to read as follows:
19-2 Sec. 54.04. DISPOSITION HEARING. (a) The disposition
19-3 hearing shall be separate, distinct, and subsequent to the
19-4 adjudication hearing. There is no right to a jury at the
19-5 disposition hearing unless the child is in jeopardy of a
19-6 determinate sentence under Subsection (d)(3) or (m) [of this
19-7 section], in which case, the child is entitled to a jury of 12
19-8 persons to determine the sentence.
19-9 (b) At the disposition hearing, the juvenile court may
19-10 consider written reports from probation officers, professional
19-11 court employees, or professional consultants in addition to the
19-12 testimony of witnesses. Prior to the disposition hearing, the
19-13 court shall provide the attorney for the child with access to all
19-14 written matter to be considered in disposition. The court may
19-15 order counsel not to reveal items to the child or the child's [his]
19-16 parent, guardian, or guardian ad litem if such disclosure would
19-17 materially harm the treatment and rehabilitation of the child or
19-18 would substantially decrease the likelihood of receiving
19-19 information from the same or similar sources in the future.
19-20 (c) No disposition may be made under this section unless the
19-21 child is in need of rehabilitation or the protection of the public
19-22 or the child requires that disposition be made. If the court or
19-23 jury does not so find, the court shall dismiss the child and enter
19-24 a final judgment without any disposition. No disposition placing
19-25 the child on probation outside the child's home may be made under
19-26 this section unless the court or jury finds that the child, in the
19-27 child's home, cannot be provided the quality of care and level of
20-1 support and supervision that the child needs to meet the conditions
20-2 of the probation.
20-3 (d) If the court or jury makes the finding specified in
20-4 Subsection (c) allowing the court to make a disposition in the
20-5 case:
20-6 (1) the court or jury may, in addition to any order
20-7 required or authorized under Section 54.041 or 54.042, place the
20-8 child on probation on such reasonable and lawful terms as the court
20-9 may determine:
20-10 (A) in the child's [his] own home or in the
20-11 custody of a relative or other fit person; or
20-12 (B) subject to the finding under Subsection (c)
20-13 on the placement of the child outside the child's home, in:
20-14 (i) a suitable foster home; or
20-15 (ii) a suitable public or private
20-16 institution or agency, except the Texas Youth Commission;
20-17 (2) if the court or jury found at the conclusion of
20-18 the adjudication hearing that the child engaged in delinquent
20-19 conduct that violates a penal law of this state or the United
20-20 States of the grade of felony or, if the requirements of Subsection
20-21 (s) [(q)] are met, of the grade of misdemeanor, and if the petition
20-22 was not approved by the grand jury under Section 53.045, the court
20-23 may commit the child to the Texas Youth Commission without a
20-24 determinate sentence;
20-25 (3) if the court or jury found at the conclusion of
20-26 the adjudication hearing that the child engaged in delinquent
20-27 conduct that included a violation of a penal law listed in Section
21-1 53.045(a) and if the petition was approved by the grand jury under
21-2 Section 53.045, the court or jury may sentence the child to
21-3 commitment in the Texas Youth Commission with a possible transfer
21-4 to the institutional division or the pardons and paroles division
21-5 of the Texas Department of Criminal Justice for a term of:
21-6 (A) not more than 40 years if the conduct
21-7 constitutes:
21-8 (i) a capital felony;
21-9 (ii) a felony of the first degree; or
21-10 (iii) an aggravated controlled substance
21-11 felony;
21-12 (B) not more than 20 years if the conduct
21-13 constitutes a felony of the second degree; or
21-14 (C) not more than 10 years if the conduct
21-15 constitutes a felony of the third degree;
21-16 (4) the court may assign the child an appropriate
21-17 sanction level and sanctions as provided by the assignment
21-18 guidelines in Section 59.003; or
21-19 (5) if applicable, the court or jury may make a
21-20 disposition under Subsection (m).
21-21 (e) The Texas Youth Commission shall accept a person
21-22 properly committed to it by a juvenile court even though the person
21-23 may be 17 years of age or older at the time of commitment.
21-24 (f) The court shall state specifically in the order its
21-25 reasons for the disposition and shall furnish a copy of the order
21-26 to the child. If the child is placed on probation, the terms of
21-27 probation shall be written in the order.
22-1 (g) If the court orders a disposition under Subsection
22-2 (d)(3) or (m) [of this section] and there is an affirmative finding
22-3 that the defendant used or exhibited a deadly weapon during the
22-4 commission of the conduct or during immediate flight from
22-5 commission of the conduct, the court shall enter the finding in the
22-6 order. If there is an affirmative finding that the deadly weapon
22-7 was a firearm, the court shall enter that finding in the order.
22-8 (h) At the conclusion of the dispositional hearing, the
22-9 court shall inform the child of:
22-10 (1) the child's right to appeal, as required by
22-11 Section 56.01 [of this code]; and
22-12 (2) the procedures for the sealing of the child's
22-13 records under Section 58.003 [of this code].
22-14 (i) If the court places the child on probation outside the
22-15 child's home or commits the child to the Texas Youth Commission,
22-16 the court shall include in its order its determination that:
22-17 (1) it is in the child's best interests to be placed
22-18 outside the child's home;
22-19 (2) reasonable efforts were made to prevent or
22-20 eliminate the need for the child's removal from the home and to
22-21 make it possible for the child to return to the child's home; and
22-22 (3) the child, in the child's home, cannot be provided
22-23 the quality of care and level of support and supervision that the
22-24 child needs to meet the conditions of probation.
22-25 (j) If the court or jury found that the child engaged in
22-26 delinquent conduct that included a violation of a penal law of the
22-27 grade of felony or jailable misdemeanor, the court:
23-1 (1) shall require that the child's thumbprint be
23-2 affixed to the order; and
23-3 (2) may require that a photograph of the child be
23-4 attached to the order.
23-5 (k) Except as provided by Subsection (m), the period to
23-6 which a court or jury may sentence a person to commitment to the
23-7 Texas Youth Commission with a transfer to the Texas Department of
23-8 Criminal Justice under Subsection (d)(3) [of this section] applies
23-9 without regard to whether the person has previously been
23-10 adjudicated as having engaged in delinquent conduct.
23-11 (l) Except as provided by Subsection (q), a court or jury
23-12 may place a child on probation under Subsection (d)(1) for any
23-13 period, except that probation may not continue on or after the
23-14 child's 18th birthday. Except as provided by Subsection (q), the
23-15 court may, before the period of probation ends, extend the
23-16 probation for any period, except that the probation may not extend
23-17 to or after the child's 18th birthday.
23-18 (m) The court or jury may sentence a child adjudicated for
23-19 habitual felony conduct as described by Section 51.031 to a term
23-20 prescribed by Subsection (d)(3) and applicable to the conduct
23-21 adjudicated in the pending case if:
23-22 (1) a petition was filed and approved by a grand jury
23-23 under Section 53.045 alleging that the child engaged in habitual
23-24 felony conduct; and
23-25 (2) the court or jury finds beyond a reasonable doubt
23-26 that the allegation described by Subdivision (1) in the grand jury
23-27 petition is true.
24-1 (n) A court may order a disposition of secure confinement of
24-2 a status offender adjudicated for violating a valid court order
24-3 only if:
24-4 (1) before the order is issued, the child received the
24-5 full due process rights guaranteed by the Constitution of the
24-6 United States or the Texas Constitution; and
24-7 (2) the juvenile probation department in a report
24-8 authorized by Subsection (b):
24-9 (A) reviewed the behavior of the child and the
24-10 circumstances under which the child was brought before the court;
24-11 (B) determined the reasons for the behavior that
24-12 caused the child to be brought before the court; and
24-13 (C) determined that all dispositions, including
24-14 treatment, other than placement in a secure detention facility or
24-15 secure correctional facility, have been exhausted or are clearly
24-16 inappropriate.
24-17 (o) In a disposition under this title:
24-18 (1) a [A] status offender may not, under any
24-19 circumstances, be committed to the Texas Youth Commission for
24-20 engaging in conduct that would not, under state or local law, be a
24-21 crime if committed by an adult;
24-22 (2) a status offender may not, under any circumstances
24-23 other than as provided under Subsection (n), be placed in a
24-24 post-adjudication secure correctional facility; and
24-25 (3) a child adjudicated for contempt of a justice or
24-26 municipal court order may not, under any circumstances, be placed
24-27 in a post-adjudication secure correctional facility or committed to
25-1 the Texas Youth Commission for that conduct.
25-2 (p) Except as provided by Subsection (l), a court that
25-3 places a child on probation under Subsection (d)(1) for conduct
25-4 described by Section 54.0405(b) and punishable as a felony shall
25-5 specify a minimum probation period of two years.
25-6 (q) If a court or jury sentences a child to commitment in
25-7 the Texas Youth Commission under Subsection (d)(3) for a term of
25-8 not more than 10 years, the court or jury may place the child on
25-9 probation under Subsection (d)(1) as an alternative to making the
25-10 disposition under Subsection (d)(3). The court shall prescribe the
25-11 period of probation ordered under this subsection for a term of not
25-12 more than 10 years. The court may, before the sentence of
25-13 probation expires, extend the probationary period under Section
25-14 54.05, except that the sentence of probation and any extension may
25-15 not exceed 10 years. The court may, before the child's 18th
25-16 birthday, discharge the child from the sentence of probation. If a
25-17 sentence of probation ordered under this subsection and any
25-18 extension of probation ordered under Section 54.05 will continue
25-19 after the child's 18th birthday, the court shall discharge the
25-20 child from the sentence of probation on the child's 18th birthday
25-21 unless the court transfers the child to an appropriate district
25-22 court under Section 54.051.
25-23 (r) [(q)] If the judge orders a disposition under this
25-24 section and there is an affirmative finding that the victim or
25-25 intended victim was younger than 17 years of age at the time of the
25-26 conduct, the judge shall enter the finding in the order.
25-27 (s) [(q)] The court may make a disposition under Subsection
26-1 (d)(2) for delinquent conduct that violates a penal law of the
26-2 grade of misdemeanor if:
26-3 (1) the child has been adjudicated as having engaged
26-4 in delinquent conduct violating a penal law of the grade of [felony
26-5 or] misdemeanor on at least two previous occasions;
26-6 (2) of the previous adjudications, the conduct that
26-7 was the basis for one of the adjudications occurred after the date
26-8 of another previous adjudication; and
26-9 (3) the conduct that is the basis of the current
26-10 adjudication occurred after the date of at least two previous
26-11 adjudications.
26-12 (t) The court may make a disposition under Subsection (d)(2)
26-13 for delinquent conduct that violates a penal law of the grade of
26-14 misdemeanor if:
26-15 (1) the child has been adjudicated as having engaged
26-16 in delinquent conduct violating a penal law of the grade of felony
26-17 on at least one previous occasion; and
26-18 (2) the conduct that is the basis of the current
26-19 adjudication occurred after the date of that previous adjudication.
26-20 (u) For the purposes of disposition under Subsection (d)(2),
26-21 delinquent conduct that violates a penal law of this state of the
26-22 grade of felony or misdemeanor does not include conduct that
26-23 violates a lawful order of a municipal, justice, or juvenile court
26-24 under circumstances that would constitute contempt of that court.
26-25 SECTION 23. Section 54.041, Family Code, is amended by
26-26 amending Subsection (b) and adding Subsection (h) to read as
26-27 follows:
27-1 (b) If a child is found to have engaged in delinquent
27-2 conduct or conduct indicating a need for supervision arising from
27-3 the commission of an offense in which property damage or loss or
27-4 personal injury occurred, the juvenile court, on notice to all
27-5 persons affected and on hearing, may order the child or a parent to
27-6 make full or partial restitution to the victim of the offense. The
27-7 program of restitution must promote the rehabilitation of the
27-8 child, be appropriate to the age and physical, emotional, and
27-9 mental abilities of the child, and not conflict with the child's
27-10 schooling. When practicable and subject to court supervision, the
27-11 court may approve a restitution program based on a settlement
27-12 between the child and the victim of the offense. An order under
27-13 this subsection may provide for periodic payments by the child or a
27-14 parent of the child for the period specified in the order but
27-15 except as provided by Subsection (h), that period may not extend
27-16 past the date of the 18th birthday of the child or past the date
27-17 the child is no longer enrolled in an accredited secondary school
27-18 in a program leading toward a high school diploma, whichever date
27-19 is later.
27-20 (h) If the juvenile court places the child on probation in a
27-21 determinate sentence proceeding initiated under Section 53.045 and
27-22 transfers supervision on the child's 18th birthday to a district
27-23 court for placement on community supervision, the district court
27-24 shall require the payment of any unpaid restitution as a condition
27-25 of the community supervision. The liability of the child's parent
27-26 for restitution may not be extended by transfer to a district court
27-27 for supervision.
28-1 SECTION 24. Section 54.044(a), Family Code, is amended to
28-2 read as follows:
28-3 (a) If the court places a child on probation under Section
28-4 54.04(d), the court shall require as a condition of probation that
28-5 the child work a specified number of hours at a community service
28-6 project approved by the court and designated by the juvenile
28-7 probation department [board] as provided by Subsection (e), unless
28-8 the court determines and enters a finding on the order placing the
28-9 child on probation that:
28-10 (1) the child is physically or mentally incapable of
28-11 participating in the project;
28-12 (2) participating in the project will be a hardship on
28-13 the child or the family of the child; or
28-14 (3) the child has shown good cause that community
28-15 service should not be required.
28-16 SECTION 25. Chapter 54, Family Code, is amended by adding
28-17 Section 54.048 to read as follows:
28-18 Sec. 54.048. RESTITUTION. (a) A juvenile court, in a
28-19 disposition hearing under Section 54.04, may order restitution to
28-20 be made by the child and the child's parents.
28-21 (b) This section applies without regard to whether the
28-22 petition in the case contains a plea for restitution.
28-23 SECTION 26. Sections 54.05(d) and (h), Family Code, are
28-24 amended to read as follows:
28-25 (d) A hearing to modify disposition shall be held on the
28-26 petition of the child and his parent, guardian, guardian ad litem,
28-27 or attorney, or on the petition of the state, a probation officer,
29-1 or the court itself. Reasonable notice of a hearing to modify
29-2 disposition shall be given to all parties. [When the petition to
29-3 modify is filed under Section 51.03(a)(2) of this code, the court
29-4 must hold an adjudication hearing and make an affirmative finding
29-5 prior to considering any written reports under Subsection (e) of
29-6 this section.]
29-7 (h) A hearing shall be held prior to placement in a
29-8 post-adjudication secure correctional facility or commitment to the
29-9 Texas Youth Commission as a modified disposition. In other
29-10 disposition modifications, the child and the child's parent,
29-11 guardian, guardian ad litem, or attorney may waive hearing in
29-12 accordance with Section 51.09.
29-13 SECTION 27. Section 54.05(j), Family Code, as added by
29-14 Chapter 1448, Acts of the 76th Legislature, Regular Session, 1999,
29-15 is redesignated as Section 54.05(k), Family Code, and amended to
29-16 read as follows:
29-17 (k) [(j)] The court may modify a disposition under
29-18 Subsection (f) that is based on a finding that the child engaged in
29-19 delinquent conduct that violates a penal law of the grade of
29-20 misdemeanor if:
29-21 (1) the child has been adjudicated as having engaged
29-22 in delinquent conduct violating a penal law of the grade of felony
29-23 or misdemeanor on at least two previous occasions; and
29-24 (2) of the previous adjudications, the conduct that
29-25 was the basis for one of the adjudications occurred after the date
29-26 of another previous adjudication.
29-27 SECTION 28. Section 54.11(d), Family Code, is amended to read
30-1 as follows:
30-2 (d) At a hearing under this section the court may consider
30-3 written reports from probation officers, professional court
30-4 employees, [or] professional consultants, or employees of the Texas
30-5 Youth Commission, in addition to the testimony of witnesses. At
30-6 least one day before the hearing, the court shall provide the
30-7 attorney for the person to be transferred or released under
30-8 supervision with access to all written matter to be considered by
30-9 the court.
30-10 SECTION 29. Section 55.41, Family Code, is amended by adding
30-11 Subsection (c) to read as follows:
30-12 (c) On receipt of the court's order, the Texas Department of
30-13 Mental Health and Mental Retardation or the appropriate community
30-14 center shall admit the child to a residential care facility.
30-15 SECTION 30. Subchapter C, Chapter 55, Family Code, is amended
30-16 by adding Section 55.45 to read as follows:
30-17 Sec. 55.45. STANDARDS OF CARE; NOTICE OF RELEASE OR
30-18 FURLOUGH. (a) If the juvenile court or a court to which the
30-19 child's case is referred under Section 55.37(2) orders mental
30-20 health services for the child, the child shall be cared for,
30-21 treated, and released in accordance with Subtitle C, Title 7,
30-22 Health and Safety Code, except that the administrator of a mental
30-23 health facility shall notify, in writing, by certified mail, return
30-24 receipt requested, the juvenile court that ordered mental health
30-25 services or that referred the case to a court that ordered mental
30-26 health services of the intent to discharge the child on or before
30-27 the 10th day before the date of discharge.
31-1 (b) If the juvenile court or a court to which the child's
31-2 case is referred under Section 55.40(2) orders the commitment of
31-3 the child to a residential care facility, the child shall be cared
31-4 for, treated, and released in accordance with Subtitle D, Title 7,
31-5 Health and Safety Code, except that the administrator of the
31-6 residential care facility shall notify, in writing, by certified
31-7 mail, return receipt requested, the juvenile court that ordered
31-8 commitment of the child or that referred the case to a court that
31-9 ordered commitment of the child of the intent to discharge or
31-10 furlough the child on or before the 20th day before the date of
31-11 discharge or furlough.
31-12 SECTION 31. Section 55.60, Family Code, is amended by adding
31-13 Subsection (c) to read as follows:
31-14 (c) On receipt of the court's order, the Texas Department of
31-15 Mental Health and Mental Retardation or the appropriate community
31-16 center shall admit the child to a residential care facility.
31-17 SECTION 32. Section 56.01, Family Code, is amended by adding
31-18 Subsection (o) to read as follows:
31-19 (o) This section does not limit a child's right to obtain a
31-20 writ of habeas corpus.
31-21 SECTION 33. Section 58.002, Family Code, is amended by
31-22 amending Subsections (a) and (b) and adding Subsection (e) to read
31-23 as follows:
31-24 (a) Except as provided by Chapter 63, Code of Criminal
31-25 Procedure [Chapter 79, Human Resources Code], a child may not be
31-26 photographed or fingerprinted without the consent of the juvenile
31-27 court unless the child is taken into custody or referred to the
32-1 juvenile court for conduct that constitutes a felony or a
32-2 misdemeanor punishable by confinement in jail.
32-3 (b) On or before December 31 of each year, the head of each
32-4 municipal or county law enforcement agency located in a county
32-5 shall certify to the juvenile board for that county that the
32-6 photographs and fingerprints required to be destroyed under Section
32-7 58.001 have been destroyed. The juvenile board shall conduct or
32-8 cause to be conducted an audit of the records of the law
32-9 enforcement agency to verify the destruction of the photographs and
32-10 fingerprints and the law enforcement agency shall make its records
32-11 available for this purpose. If the audit shows that the
32-12 certification provided by the head of the law enforcement agency is
32-13 false, that person is subject to prosecution for perjury under
32-14 Chapter 37, Penal Code.
32-15 (e) This section does not prohibit a law enforcement officer
32-16 from fingerprinting or photographing a child as provided by Section
32-17 58.0021.
32-18 SECTION 34. Subchapter A, Chapter 58, Family Code, is
32-19 amended by adding Section 58.0021 to read as follows:
32-20 Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN
32-21 INVESTIGATION. (a) A law enforcement officer may take temporary
32-22 custody of a child to take the child's fingerprints if:
32-23 (1) the officer has probable cause to believe that the
32-24 child has engaged in delinquent conduct;
32-25 (2) the officer has investigated that conduct and has
32-26 found other fingerprints during the investigation; and
32-27 (3) the officer has probable cause to believe that the
33-1 child's fingerprints will match the other fingerprints.
33-2 (b) A law enforcement officer may take temporary custody of
33-3 a child to take the child's photograph if:
33-4 (1) the officer has probable cause to believe that the
33-5 child has engaged in delinquent conduct; and
33-6 (2) the officer has probable cause to believe that the
33-7 child's photograph will be of material assistance in the
33-8 investigation of that conduct.
33-9 (c) Temporary custody for the purpose described by
33-10 Subsection (a) or (b):
33-11 (1) is not a taking into custody under Section 52.01;
33-12 and
33-13 (2) may not be reported to the juvenile justice
33-14 information system under Subchapter B.
33-15 (d) If a law enforcement officer does not take the child
33-16 into custody under Section 52.01, the child shall be released from
33-17 temporary custody authorized under this section as soon as the
33-18 fingerprints or photographs are obtained.
33-19 (e) A law enforcement officer who under this section obtains
33-20 fingerprints or photographs from a child shall:
33-21 (1) immediately destroy them if they do not lead to a
33-22 positive comparison or identification; and
33-23 (2) make a reasonable effort to notify the child's
33-24 parent, guardian, or custodian of the action taken.
33-25 (f) A law enforcement officer may under this section obtain
33-26 fingerprints or photographs from a child at:
33-27 (1) a juvenile processing office; or
34-1 (2) a location that affords reasonable privacy to the
34-2 child.
34-3 SECTION 35. Subchapter A, Chapter 58, Family Code, is
34-4 amended by adding Section 58.0022 to read as follows:
34-5 Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
34-6 RUNAWAYS. A law enforcement officer who takes a child into custody
34-7 with probable cause to believe that the child has engaged in
34-8 conduct indicating a need for supervision as described by Section
34-9 51.03(b)(3) and who after reasonable effort is unable to determine
34-10 the identity of the child, may fingerprint or photograph the child
34-11 to establish the child's identity. On determination of the child's
34-12 identity or that the child cannot be identified by the fingerprints
34-13 or photographs, the law enforcement officer shall immediately
34-14 destroy all copies of the fingerprint records or photographs of the
34-15 child.
34-16 SECTION 36. Section 58.007, Family Code, is amended by adding
34-17 Subsection (i) to read as follows:
34-18 (i) In addition to the authority to release information
34-19 under Subsection (b)(5), a juvenile probation department may
34-20 release information contained in its records without leave of the
34-21 juvenile court pursuant to guidelines adopted by the juvenile
34-22 board.
34-23 SECTION 37. Subchapter A, Chapter 58, Family Code, is amended
34-24 by adding Section 58.0071 to read as follows:
34-25 Sec. 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND
34-26 FILES. (a) In this section:
34-27 (1) "Juvenile case" means:
35-1 (A) a referral for conduct indicating a need for
35-2 supervision or delinquent conduct; or
35-3 (B) if a petition was filed, all charges made in
35-4 the petition.
35-5 (2) "Physical records and files" include entries in a
35-6 computer file or information on microfilm, microfiche, or any other
35-7 electronic storage media.
35-8 (b) The custodian of physical records and files in a
35-9 juvenile case may destroy the records and files if the custodian
35-10 duplicates the information in the records and files in a computer
35-11 file or information on microfilm, microfiche, or any other
35-12 electronic storage media.
35-13 (c) The following persons may authorize, subject to
35-14 Subsections (d) and (e) and any other restriction the person may
35-15 impose, the destruction of the physical records and files relating
35-16 to a closed juvenile case:
35-17 (1) a juvenile board in relation to the records and
35-18 files in the possession of the juvenile probation department;
35-19 (2) the head of a law enforcement agency in relation
35-20 to the records and files in the possession of the agency; and
35-21 (3) a prosecuting attorney in relation to the records
35-22 and files in the possession of the prosecuting attorney's office.
35-23 (d) The physical records and files of a juvenile case may
35-24 only be destroyed if the child who is the respondent in the case:
35-25 (1) is at least 18 years of age and:
35-26 (A) the most serious allegation adjudicated was
35-27 conduct indicating a need for supervision;
36-1 (B) the most serious allegation was conduct
36-2 indicating a need for supervision and there was not an
36-3 adjudication; or
36-4 (C) the referral or information did not relate
36-5 to conduct indicating a need for supervision or delinquent conduct
36-6 and the juvenile court or the court's staff did not take action on
36-7 the referral or information for that reason;
36-8 (2) is at least 21 years of age and:
36-9 (A) the most serious allegation adjudicated was
36-10 delinquent conduct that violated a penal law of the grade of
36-11 misdemeanor; or
36-12 (B) the most serious allegation was delinquent
36-13 conduct that violated a penal law of the grade of misdemeanor or
36-14 felony and there was not an adjudication; or
36-15 (3) is at least 31 years of age and the most serious
36-16 allegation adjudicated was delinquent conduct that violated a penal
36-17 law of the grade of felony.
36-18 (e) If a record or file contains information relating to
36-19 more than one juvenile case, information relating to each case may
36-20 only be destroyed if:
36-21 (1) the destruction of the information is authorized
36-22 under this section; and
36-23 (2) the information can be separated from information
36-24 that is not authorized to be destroyed under this section.
36-25 (f) This section does not affect the destruction of physical
36-26 records and files authorized by the Texas State Library Records
36-27 Retention Schedule.
37-1 SECTION 38. Section 58.101(4), Family Code, is amended to
37-2 read as follows:
37-3 (4) "Incident number" means a unique number assigned
37-4 to a child during a specific custodial or detention period or for a
37-5 specific referral to the office or official designated by the
37-6 juvenile board [court], if the juvenile offender was not taken into
37-7 custody before the referral.
37-8 SECTION 39. Section 58.112, Family Code, is amended to read
37-9 as follows:
37-10 Sec. 58.112. REPORT TO LEGISLATURE. Not later than August
37-11 [January] 15 of each year, the Texas Juvenile Probation Commission
37-12 [Criminal Justice Policy Council] shall submit to the lieutenant
37-13 governor, the speaker of the house of representatives, and the
37-14 governor a report that contains the following statistical
37-15 information relating to children referred to a juvenile court
37-16 during the preceding year:
37-17 (1) the ages, races, and counties of residence of the
37-18 children transferred to a district court or criminal district court
37-19 for criminal proceedings; and
37-20 (2) the ages, races, and counties of residence of the
37-21 children committed to the Texas Youth Commission, placed on
37-22 probation, or discharged without any disposition.
37-23 SECTION 40. Chapter 58, Family Code, is amended by adding
37-24 Subchapters C and D to read as follows:
37-25 SUBCHAPTER C. AUTOMATIC RESTRICTION OF ACCESS TO RECORDS
37-26 Sec. 58.201. DEFINITION. In this subchapter, "department"
37-27 means the Department of Public Safety of the State of Texas.
38-1 Sec. 58.202. EXEMPTED RECORDS. The following records are
38-2 exempt from this subchapter:
38-3 (1) sex offender registration records maintained by
38-4 the department or a local law enforcement agency under Chapter 62,
38-5 Code of Criminal Procedure; and
38-6 (2) records relating to a criminal combination or
38-7 criminal street gang maintained by the department or a local law
38-8 enforcement agency under Chapter 61, Code of Criminal Procedure.
38-9 Sec. 58.203. CERTIFICATION. The department shall certify to
38-10 the juvenile court to which a referral was made that resulted in
38-11 information being submitted to the juvenile justice information
38-12 system that the records relating to a person's juvenile case are
38-13 subject to automatic restriction of access if:
38-14 (1) the person is at least 21 years of age;
38-15 (2) the juvenile case did not include violent or
38-16 habitual felony conduct resulting in certification to the juvenile
38-17 court under Section 53.045;
38-18 (3) the juvenile case was not certified for trial in
38-19 criminal court under Section 54.02; and
38-20 (4) the department has not received a report in its
38-21 criminal history system that the person was granted deferred
38-22 adjudication for or convicted of a felony or a misdemeanor
38-23 punishable by confinement in jail for an offense committed after
38-24 the person became 17 years of age.
38-25 Sec. 58.204. RESTRICTED ACCESS ON CERTIFICATION. (a) On
38-26 certification of records in a case under Section 58.203, the
38-27 department, except as provided by Subsection (b):
39-1 (1) may not disclose the existence of the records or
39-2 any information from the records in response to an inquiry from:
39-3 (A) a law enforcement agency;
39-4 (B) a criminal or juvenile justice agency;
39-5 (C) a governmental or other agency given access
39-6 to information under Chapter 411, Government Code; or
39-7 (D) any other person, agency, organization, or
39-8 entity; and
39-9 (2) shall respond to a request for information about
39-10 the records by stating that the records do not exist.
39-11 (b) On certification of records in a case under Section
39-12 58.203, the department may permit access to the information in the
39-13 juvenile justice information system relating to the case of an
39-14 individual only:
39-15 (1) by a law enforcement agency:
39-16 (A) on positive comparison with fingerprints
39-17 submitted by the agency for criminal investigation; or
39-18 (B) in the course of an investigation of a
39-19 criminal offense believed to have been committed by the individual;
39-20 (2) by a prosecutor:
39-21 (A) for enhancement of punishment under Section
39-22 12.42, Penal Code, if the case included a felony adjudication
39-23 resulting in a commitment to the Texas Youth Commission;
39-24 (B) for admission into evidence at the penalty
39-25 phase of a criminal trial under Article 37.07, Code of Criminal
39-26 Procedure, if the case included an adjudication for a felony or a
39-27 misdemeanor punishable by confinement in jail; or
40-1 (C) in preparation for or during the trial of a
40-2 felony or a misdemeanor punishable by confinement in jail against
40-3 the individual;
40-4 (3) by a community supervision officer, a federal
40-5 probation officer, or a probation officer of another state for
40-6 purposes of preparing a presentence investigation report for use in
40-7 a criminal proceeding concerning the individual; or
40-8 (4) for research purposes, by the Texas Juvenile
40-9 Probation Commission, the Texas Youth Commission, or the Criminal
40-10 Justice Policy Council.
40-11 Sec. 58.205. REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION
40-12 ON CERTIFICATION. (a) On certification of records in a case under
40-13 Section 58.203, the department shall request the Federal Bureau of
40-14 Investigation to:
40-15 (1) return all information concerning the case that
40-16 was submitted to it by the department; and
40-17 (2) delete all information in its database concerning
40-18 the case.
40-19 (b) Any information returned to the department under this
40-20 section is subject to the restrictions imposed by Section 58.204.
40-21 Sec. 58.206. EFFECT OF CERTIFICATION IN RELATION TO THE
40-22 PROTECTED PERSON. (a) On certification of records in a case under
40-23 Section 58.203:
40-24 (1) the person who is the subject of the records is
40-25 not required to state in any proceeding or in any application for
40-26 employment, licensing, or other public or private benefit that the
40-27 person has been a respondent in a case under this title and may not
41-1 be punished, by perjury prosecution or otherwise, for denying:
41-2 (A) the existence of the records; or
41-3 (B) the person's participation in a juvenile
41-4 proceeding related to the records; and
41-5 (2) information from the records may not be admitted
41-6 against the person who is the subject of the records in a civil or
41-7 criminal proceeding except a proceeding in which a juvenile
41-8 adjudication was admitted under:
41-9 (A) Section 12.42, Penal Code;
41-10 (B) Article 37.07, Code of Criminal Procedure;
41-11 or
41-12 (C) as otherwise authorized by criminal
41-13 procedural law.
41-14 (b) A person who is the subject of records certified under
41-15 this subchapter may not waive the restricted status of the records
41-16 or the consequences of the restricted status.
41-17 Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. (a) On
41-18 certification of records in a case under Section 58.203, the
41-19 juvenile court shall order:
41-20 (1) that the following records relating to the case
41-21 may be accessed only as provided by Section 58.204(b):
41-22 (A) if the respondent was committed to the Texas
41-23 Youth Commission, records maintained by the commission;
41-24 (B) records maintained by the juvenile probation
41-25 department and by any agency that provided care or custody of the
41-26 child under order or arrangement of the juvenile court;
41-27 (C) records maintained by the clerk of the
42-1 court;
42-2 (D) records maintained by the prosecutor's
42-3 office; and
42-4 (E) records maintained by a law enforcement
42-5 agency; and
42-6 (2) the juvenile probation department to make a
42-7 reasonable effort to notify the person who is the subject of
42-8 records for which access has been restricted of the action
42-9 restricting access and the legal significance of the action for the
42-10 person.
42-11 (b) On receipt of an order under Subsection (a)(1), the
42-12 agency maintaining the records:
42-13 (1) may allow access only as provided by Section
42-14 58.204(b); and
42-15 (2) shall respond to a request for information about
42-16 the records by stating that the records do not exist.
42-17 Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the final
42-18 discharge of a child from the juvenile system or on the last
42-19 official action in the case, if there is no adjudication, the
42-20 appropriate juvenile justice official shall provide to the child:
42-21 (1) a written explanation of how automatic restricted
42-22 access under this subchapter works; and
42-23 (2) a copy of this subchapter.
42-24 Sec. 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR
42-25 TEXAS YOUTH COMMISSION. (a) When a child is placed on probation
42-26 for an offense that may be eligible for automatic restricted access
42-27 at age 21 or when a child is received by the Texas Youth Commission
43-1 on an indeterminate commitment, a probation officer or an official
43-2 at the Texas Youth Commission reception center, as soon as
43-3 practicable, shall explain the substance of the following
43-4 information to the child:
43-5 (1) if the child was adjudicated as having committed
43-6 delinquent conduct for a felony or jailable misdemeanor, that the
43-7 child probably has a juvenile record with the department and the
43-8 Federal Bureau of Investigation;
43-9 (2) that the child's juvenile record is a permanent
43-10 record that is not destroyed or erased unless the record is
43-11 eligible for sealing and the child or the child's family hires a
43-12 lawyer and files a petition in court to have the record sealed;
43-13 (3) that the child's juvenile record, other than
43-14 treatment records made confidential by law, can be accessed by
43-15 police, sheriff's officers, prosecutors, probation officers,
43-16 correctional officers, and other criminal and juvenile justice
43-17 officials in this state and elsewhere;
43-18 (4) that the child's juvenile record, other than
43-19 treatment records made confidential by law, can be accessed by
43-20 employers, educational institutions, licensing agencies, and other
43-21 organizations when the child applies for employment or educational
43-22 programs;
43-23 (5) if the child's juvenile record is placed on
43-24 restricted access when the child becomes 21 years of age, that
43-25 access will be denied to employers, educational institutions, and
43-26 others except for criminal justice agencies investigating and
43-27 prosecuting criminal offenses;
44-1 (6) that to have the child's juvenile record placed on
44-2 restricted access at age 21, the child must not:
44-3 (A) commit a felony or jailable misdemeanor; and
44-4 (B) receive deferred adjudication for or be
44-5 convicted in adult court of a felony or jailable misdemeanor; and
44-6 (7) that restricted access does not require any action
44-7 by the child or the child's family, including the filing of a
44-8 petition or hiring of a lawyer, but occurs automatically at age 21
44-9 if the child does not commit a criminal offense in the future.
44-10 (b) The probation officer or Texas Youth Commission official
44-11 shall:
44-12 (1) give the child a written copy of the explanation
44-13 provided; and
44-14 (2) communicate the same information to at least one
44-15 of the child's parents or, if none can be found, to the child's
44-16 guardian or custodian.
44-17 (c) The Texas Juvenile Probation Commission and the Texas
44-18 Youth Commission shall adopt rules to implement this section and to
44-19 facilitate the effective explanation of the information required to
44-20 be communicated by this section.
44-21 Sec. 58.210. SEALING OR DESTRUCTION OF RECORDS NOT AFFECTED.
44-22 (a) This subchapter does not prevent or restrict the sealing or
44-23 destruction of juvenile records as authorized by law.
44-24 (b) Restricted access provided under this subchapter is in
44-25 addition to sealing or destruction of juvenile records.
44-26 (c) A person who is the subject of records certified under
44-27 this subchapter is entitled to access to the records for the
45-1 purpose of preparing and presenting a motion to seal or destroy the
45-2 records.
45-3 SUBCHAPTER D. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM
45-4 Sec. 58.301. DEFINITIONS. In this subchapter:
45-5 (1) "County juvenile board" means a juvenile board
45-6 created under Chapter 152, Human Resources Code.
45-7 (2) "Governmental placement facility" means a juvenile
45-8 residential placement facility operated by a unit of government.
45-9 (3) "Governmental service provider" means a juvenile
45-10 justice service provider operated by a unit of government.
45-11 (4) "Local juvenile justice information system" means
45-12 a county or multi-county computerized database of information
45-13 concerning children, with data entry and access by the partner
45-14 agencies that are members of the system.
45-15 (5) "Partner agency" means a governmental service
45-16 provider or governmental placement facility that is required by
45-17 this subchapter to be a member of a local juvenile justice
45-18 information system or that has applied to be a member of a local
45-19 juvenile justice information system and has been approved by the
45-20 county juvenile board or regional juvenile board committee as a
45-21 member of the system.
45-22 (6) "Regional juvenile board committee" means a
45-23 committee that is composed of two members from each county juvenile
45-24 board in a region that comprises a multi-county local juvenile
45-25 information system.
45-26 Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local
45-27 juvenile justice information system are to:
46-1 (1) provide accurate information at the county or
46-2 regional level relating to children who come into contact with the
46-3 juvenile justice system;
46-4 (2) assist in the development and delivery of services
46-5 to children in the juvenile justice system;
46-6 (3) assist in the development and delivery of services
46-7 to children:
46-8 (A) who school officials have reasonable cause
46-9 to believe have committed an offense for which a report is required
46-10 under Section 37.015, Education Code; or
46-11 (B) who have been expelled, the expulsion of
46-12 which school officials are required to report under Section 52.041;
46-13 (4) provide for an efficient transmission of juvenile
46-14 records from justice and municipal courts to county juvenile
46-15 probation departments and the juvenile court and from county
46-16 juvenile probation departments and juvenile court to the state
46-17 juvenile justice information system created by Subchapter B;
46-18 (5) provide efficient computerized case management
46-19 resources to juvenile courts, county juvenile probation
46-20 departments, and partner agencies authorized by this subchapter;
46-21 (6) provide a directory of services available to
46-22 children to the partner agencies to facilitate the delivery of
46-23 services to children;
46-24 (7) provide an efficient means for municipal and
46-25 justice courts to report filing of charges, adjudications, and
46-26 dispositions of juveniles to the juvenile court as required by
46-27 Section 51.08; and
47-1 (8) provide a method for agencies to fulfill their
47-2 duties under Section 58.108, including the electronic transmission
47-3 of information required to be sent to the Department of Public
47-4 Safety by Section 58.110(f).
47-5 Sec. 58.303. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM. (a)
47-6 Juvenile justice agencies in a county or region of this state may
47-7 jointly create and maintain a local juvenile justice information
47-8 system to aid in processing the cases of children under this code,
47-9 to facilitate the delivery of services to children in the juvenile
47-10 justice system, and to aid in the early identification of at-risk
47-11 and delinquent children.
47-12 (b) A local juvenile justice information system must contain
47-13 the following components:
47-14 (1) case management resources for juvenile courts,
47-15 prosecuting attorneys, and county juvenile probation departments;
47-16 (2) reporting systems to fulfill statutory
47-17 requirements for reporting in the juvenile justice system;
47-18 (3) service provider directories and indexes of
47-19 agencies providing services to children; and
47-20 (4) victim-witness notices required under Chapter 57.
47-21 (c) A local juvenile justice information system may contain
47-22 the following components:
47-23 (1) electronic filing of complaints or petitions;
47-24 (2) electronic offense and intake processing;
47-25 (3) case docket management and calendaring;
47-26 (4) communications by email or other electronic
47-27 communications between partner agencies;
48-1 (5) reporting of charges filed, adjudications and
48-2 dispositions of juveniles by municipal and justice courts and the
48-3 juvenile court, and transfers of cases to the juvenile court as
48-4 authorized or required by Section 51.08;
48-5 (6) reporting to schools under Article 15.27, Code of
48-6 Criminal Procedure, by law enforcement agencies, prosecuting
48-7 attorneys, and juvenile courts;
48-8 (7) records of adjudications and dispositions,
48-9 including probation conditions ordered by the juvenile court; and
48-10 (8) warrant management and confirmation capabilities.
48-11 (d) Membership in a local juvenile justice information
48-12 system is determined by this subchapter. Membership in a regional
48-13 juvenile justice information system is determined by the regional
48-14 juvenile board committee from among partner agencies that have
48-15 applied for membership.
48-16 Sec. 58.304. TYPES OF INFORMATION CONTAINED IN A LOCAL
48-17 JUVENILE INFORMATION SYSTEM. (a) Subject to Subsection (d), a
48-18 local juvenile justice information system must consist of:
48-19 (1) information relating to all referrals to the
48-20 juvenile court of any type, including referrals for conduct
48-21 indicating a need for supervision and delinquent conduct; and
48-22 (2) information relating to:
48-23 (A) the juvenile;
48-24 (B) the intake or referral of the juvenile into
48-25 the juvenile justice system for any offense or conduct;
48-26 (C) the detention of the juvenile;
48-27 (D) the prosecution of the juvenile;
49-1 (E) the disposition of the juvenile's case,
49-2 including the name and description of any program to which the
49-3 juvenile is referred; and
49-4 (F) the probation, placement, or commitment of
49-5 the juvenile.
49-6 (b) To the extent possible and subject to Subsections (a)
49-7 and (d), the local juvenile justice information system may include
49-8 the following information for each juvenile taken into custody,
49-9 detained, or referred under this title:
49-10 (1) the juvenile's name, including other names by
49-11 which the juvenile is known;
49-12 (2) the juvenile's date and place of birth;
49-13 (3) the juvenile's physical description, including
49-14 sex, weight, height, race, ethnicity, eye color, hair color, scars,
49-15 marks, and tattoos;
49-16 (4) the juvenile's state identification number and
49-17 other identifying information;
49-18 (5) the juvenile's fingerprints and photograph;
49-19 (6) the juvenile's last known residential address,
49-20 including the census tract number designation for the address;
49-21 (7) the name, address, and phone number of the
49-22 juvenile's parent, guardian, or custodian;
49-23 (8) the name and identifying number of the agency that
49-24 took into custody or detained the juvenile;
49-25 (9) each date of custody or detention;
49-26 (10) a detailed description of the conduct for which
49-27 the juvenile was taken into custody, detained, or referred,
50-1 including the level and degree of the alleged offense;
50-2 (11) the name and identifying number of the juvenile
50-3 intake agency or juvenile probation office;
50-4 (12) each disposition by the juvenile intake agency or
50-5 juvenile probation office;
50-6 (13) the date of disposition by the juvenile intake
50-7 agency or juvenile probation office;
50-8 (14) the name and identifying number of the
50-9 prosecutor's office;
50-10 (15) each disposition by the prosecutor;
50-11 (16) the date of disposition by the prosecutor;
50-12 (17) the name and identifying number of the court;
50-13 (18) each disposition by the court, including
50-14 information concerning custody of a juvenile by a juvenile justice
50-15 agency or county juvenile probation department;
50-16 (19) the date of disposition by the court;
50-17 (20) any commitment or release under supervision by
50-18 the Texas Youth Commission, including the date of the commitment or
50-19 release; and
50-20 (21) information concerning each appellate proceeding.
50-21 (c) If the Department of Public Safety assigns a state
50-22 identification number for the juvenile, the identification number
50-23 shall be entered in the local juvenile information system.
50-24 (d) Information obtained for the purpose of diagnosis,
50-25 examination, evaluation, or treatment or for making a referral for
50-26 treatment of a child by a public or private agency or institution
50-27 providing supervision of a child by arrangement of the juvenile
51-1 court or having custody of the child under order of the juvenile
51-2 court may not be collected under Subsection (a) or (b).
51-3 Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile justice
51-4 information system for a single county shall include the following
51-5 partner agencies within that county:
51-6 (1) the juvenile court;
51-7 (2) justice of the peace and municipal courts;
51-8 (3) the county juvenile probation department;
51-9 (4) the prosecuting attorneys who prosecute juvenile
51-10 cases in juvenile court, municipal court, or justice court;
51-11 (5) law enforcement agencies;
51-12 (6) each public school district in the county;
51-13 (7) governmental service providers approved by the
51-14 county juvenile board; and
51-15 (8) governmental placement facilities approved by the
51-16 county juvenile board.
51-17 (b) A local juvenile justice information system for a
51-18 multi-county region shall include the partner agencies listed in
51-19 Subsections (a)(1)-(6) for each county in the region and the
51-20 following partner agencies from within the multi-county region that
51-21 have applied for membership in the system and have been approved by
51-22 the regional juvenile board committee:
51-23 (1) governmental service providers; and
51-24 (2) governmental placement facilities.
51-25 Sec. 58.306. ACCESS TO INFORMATION; LEVELS. (a) This
51-26 section describes the level of access to information to which each
51-27 partner agency in a local juvenile justice information system is
52-1 entitled.
52-2 (b) Information is at Access Level 1 if the information
52-3 relates to a child:
52-4 (1) who:
52-5 (A) a school official has reasonable grounds to
52-6 believe has committed an offense for which a report is required
52-7 under Section 37.015, Education Code; or
52-8 (B) has been expelled, the expulsion of which is
52-9 required to be reported under Section 52.041; and
52-10 (2) who has not been charged with a fineable only
52-11 offense, a status offense, or delinquent conduct.
52-12 (c) Information is at Access Level 2 if the information
52-13 relates to a child who:
52-14 (1) is alleged in a justice or municipal court to have
52-15 committed a fineable only offense, municipal ordinance violation,
52-16 or status offense; and
52-17 (2) has not been charged with delinquent conduct or
52-18 conduct indicating a need for supervision.
52-19 (d) Information is at Access Level 3 if the information
52-20 relates to a child who is alleged to have engaged in delinquent
52-21 conduct or conduct indicating a need for supervision.
52-22 (e) Level 1 Access is by public school districts in the
52-23 county or region served by the local juvenile justice information
52-24 system.
52-25 (f) Level 2 Access is by:
52-26 (1) justice of the peace courts that process juvenile
52-27 cases; and
53-1 (2) municipal courts that process juvenile cases.
53-2 (g) Level 3 Access is by:
53-3 (1) the juvenile court;
53-4 (2) the prosecuting attorney;
53-5 (3) the county juvenile probation department;
53-6 (4) law enforcement agencies;
53-7 (5) governmental service providers that are partner
53-8 agencies; and
53-9 (6) governmental placement facilities that are partner
53-10 agencies.
53-11 (h) Access for Level 1 agencies is only to information at
53-12 Level 1. Access for Level 2 agencies is only to information at
53-13 Levels 1 and 2. Access for Level 3 agencies is to information at
53-14 Levels 1, 2, and 3.
53-15 Sec. 58.307. CONFIDENTIALITY OF INFORMATION. (a)
53-16 Information that is part of a local juvenile justice system is not
53-17 public information and may not be released to the public, except as
53-18 authorized by law.
53-19 (b) Information that is part of a local juvenile justice
53-20 information system is for the professional use of the partner
53-21 agencies that are members of the system and may be used only by
53-22 authorized employees of those agencies to discharge duties of those
53-23 agencies.
53-24 (c) Information from a local juvenile justice information
53-25 system may not be disclosed to persons, agencies, or organizations
53-26 that are not members of the system except to the extent disclosure
53-27 is authorized or mandated by this title.
54-1 (d) Information in a local juvenile justice information
54-2 system is subject to destruction, sealing, or restricted access as
54-3 provided by this title.
54-4 SECTION 41. Sections 59.003(a), (c), and (e), Family Code,
54-5 are amended to read as follows:
54-6 (a) Subject to Subsection (e), after a child's first
54-7 commission of delinquent conduct or conduct indicating a need for
54-8 supervision, the probation department or prosecuting attorney may,
54-9 or the juvenile court may, in a disposition hearing under Section
54-10 54.04 or a modification hearing under Section 54.05, assign a child
54-11 one of the following sanction levels according to the child's
54-12 conduct:
54-13 (1) for conduct indicating a need for supervision,
54-14 other than conduct described in Section 51.03(b)(5) or a Class A or
54-15 B misdemeanor, the sanction level is one;
54-16 (2) for conduct indicating a need for supervision
54-17 under Section 51.03(b)(5) or a Class A or B misdemeanor, other than
54-18 a misdemeanor involving the use or possession of a firearm, or for
54-19 delinquent conduct under Section 51.03(a)(2) [or (3)], the sanction
54-20 level is two;
54-21 (3) for a misdemeanor involving the use or possession
54-22 of a firearm or for a state jail felony or a felony of the third
54-23 degree, the sanction level is three;
54-24 (4) for a felony of the second degree, the sanction
54-25 level is four;
54-26 (5) for a felony of the first degree, other than a
54-27 felony involving the use of a deadly weapon or causing serious
55-1 bodily injury, the sanction level is five;
55-2 (6) for a felony of the first degree involving the use
55-3 of a deadly weapon or causing serious bodily injury, for an
55-4 aggravated controlled substance felony, or for a capital felony,
55-5 the sanction level is six; or
55-6 (7) for a felony of the first degree involving the use
55-7 of a deadly weapon or causing serious bodily injury, for an
55-8 aggravated controlled substance felony, or for a capital felony, if
55-9 the petition has been approved by a grand jury under Section
55-10 53.045, or if a petition to transfer the child to criminal court
55-11 has been filed under Section 54.02, the sanction level is seven.
55-12 (c) Subject to Subsection (e), if the child's subsequent
55-13 commission of delinquent conduct or conduct indicating a need for
55-14 supervision involves a violation of a penal law of a classification
55-15 that is the same as or greater than the classification of the
55-16 child's previous conduct, the juvenile court may assign the child a
55-17 sanction level authorized by law that is one level higher than the
55-18 previously assigned sanction level[, unless:]
55-19 [(1) the child's previously assigned sanction level is
55-20 five and the child has not been adjudicated for delinquent conduct;]
55-21 [(2) the child's previously assigned sanction level is
55-22 six, unless the subsequent violation is of a provision listed under
55-23 Section 53.045(a) and the petition has been approved by a grand
55-24 jury under Section 53.045; or]
55-25 [(3) the child's previously assigned sanction level is
55-26 seven].
55-27 (e) Except as otherwise provided by this subsection, a [A]
56-1 juvenile court or probation department that deviates from the
56-2 guidelines under this section shall state in writing its reasons
56-3 for the deviation and submit the statement to the juvenile board
56-4 regardless of whether a progressive sanctions program has been
56-5 adopted by the juvenile board. Nothing in this chapter prohibits
56-6 the imposition of appropriate sanctions that are different from
56-7 those provided at any sanction level. A juvenile court that makes
56-8 a disposition required by this title that deviates from the
56-9 guidelines under this section is not required to report the
56-10 disposition as a deviation.
56-11 SECTION 42. Section 59.007(a), Family Code, is amended to
56-12 read as follows:
56-13 (a) For a child at sanction level four, the juvenile court
56-14 may:
56-15 (1) require the child to participate as a condition of
56-16 probation for not less than three months or more than 12 months in
56-17 an [a highly] intensive services probation [and regimented] program
56-18 that emphasizes frequent contact and reporting with a probation
56-19 officer, discipline, intensive supervision services [physical
56-20 fitness], social responsibility, and productive work;
56-21 (2) after release from the program described by
56-22 Subdivision (1), continue the child on probation supervision for
56-23 not less than six months or more than 12 months;
56-24 (3) require the child to make restitution to the
56-25 victim of the child's conduct or perform community service
56-26 restitution appropriate to the nature and degree of harm caused and
56-27 according to the child's ability;
57-1 (4) impose highly structured restrictions on the
57-2 child's activities and requirements for behavior of the child as
57-3 conditions of probation;
57-4 (5) require a probation officer to closely monitor the
57-5 child;
57-6 (6) require the child or the child's parents or
57-7 guardians to participate in programs or services designed to
57-8 address their particular needs and circumstances; and
57-9 (7) if appropriate, impose additional sanctions.
57-10 SECTION 43. Section 59.011, Family Code, is amended to read
57-11 as follows:
57-12 Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
57-13 require the juvenile probation department to [prepare a] report
57-14 progressive sanction data electronically to the Texas Juvenile
57-15 Probation Commission in the format and time frames specified by the
57-16 commission [, at least quarterly on forms provided by the
57-17 commission, showing the referrals, probation or progressive
57-18 sanctions violations, and commitments to the Texas Youth Commission
57-19 administered under this chapter according to the progressive
57-20 sanctions guidelines and the reasons for any deviations from the
57-21 guidelines].
57-22 SECTION 44. Section 59.012, Family Code, is amended to read
57-23 as follows:
57-24 Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
57-25 (a) [The Texas Youth Commission shall compile information, at
57-26 least quarterly, showing the commitments, placements, parole
57-27 releases, and revocations administered under this chapter according
58-1 to the progressive sanctions guidelines and the reasons for any
58-2 deviation from the guidelines.]
58-3 [(b) The Texas Juvenile Probation Commission and the Texas
58-4 Youth Commission shall compile the information obtained under this
58-5 section and Section 59.011 and submit this information to the
58-6 Criminal Justice Policy Council.]
58-7 [(c)] The Criminal Justice Policy Council shall analyze
58-8 trends related to juvenile referrals, compliance with the
58-9 progressive sanctions guidelines, and the impact of the guidelines
58-10 and related reforms on recidivism rates using standard scientific
58-11 sampling or appropriate scientific methodologies to represent
58-12 statewide patterns. The council shall compile other policy studies
58-13 as determined by the executive director of the council or as
58-14 requested by the governor, lieutenant governor, or speaker of the
58-15 house of representatives to assist in policy development.
58-16 (b) The Criminal Justice Policy Council shall report its
58-17 findings and related recommendations to improve juvenile justice
58-18 policies to the governor and the members of the legislature on or
58-19 before January 15 of each odd-numbered year.
58-20 (c) The Criminal Justice Policy Council may incorporate its
58-21 findings and recommendations under this section into its report
58-22 required under Section 413.013, Government Code [the information
58-23 compiled by the Texas Juvenile Probation Commission and the Texas
58-24 Youth Commission under this section and submit the council's
58-25 findings and recommendations at least annually to the governor and
58-26 both houses of the legislature showing the primary reasons for any
58-27 deviation and the effect of the implementation of the sanctions
59-1 guidelines on recidivism rates].
59-2 SECTION 45. Section 261.103(a), Family Code, is amended to
59-3 read as follows:
59-4 (a) Except as provided by Subsection (b) and Section
59-5 261.405, a report shall be made to:
59-6 (1) any local or state law enforcement agency;
59-7 (2) the department if the alleged or suspected abuse
59-8 involves a person responsible for the care, custody, or welfare of
59-9 the child;
59-10 (3) the state agency that operates, licenses,
59-11 certifies, or registers the facility in which the alleged abuse or
59-12 neglect occurred; or
59-13 (4) the agency designated by the court to be
59-14 responsible for the protection of children.
59-15 SECTION 46. Section 261.405, Family Code, is amended to read
59-16 as follows:
59-17 Sec. 261.405. INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS
59-18 AND FACILITIES. (a) In this section:
59-19 (1) "Juvenile justice facility" means a facility
59-20 operated wholly or partly by the juvenile board or by a private
59-21 vendor under a contract with the juvenile board or county that
59-22 serves juveniles under juvenile court jurisdiction. The term
59-23 includes:
59-24 (A) a public or private juvenile
59-25 pre-adjudication secure detention facility, including a holdover
59-26 facility;
59-27 (B) a public or private juvenile
60-1 post-adjudication secure correctional facility except for a
60-2 facility operated solely for children committed to the Texas Youth
60-3 Commission; and
60-4 (C) a public or private non-secure juvenile
60-5 post-adjudication residential treatment facility that is not
60-6 licensed by the Department of Protective and Regulatory Services or
60-7 the Texas Commission on Alcohol and Drug Abuse.
60-8 (2) "Juvenile justice program" means a program
60-9 operated wholly or partly by the juvenile board or by a private
60-10 vendor under a contract with a juvenile board that serves juveniles
60-11 under juvenile court jurisdiction. The term includes:
60-12 (A) a juvenile justice alternative education
60-13 program; and
60-14 (B) a non-residential program that serves
60-15 juvenile offenders under the jurisdiction of the juvenile court.
60-16 (b) A report of alleged abuse or neglect in any [a public or
60-17 private] juvenile justice program or [pre-adjudication secure
60-18 detention] facility[, including hold-over facilities, or public or
60-19 private juvenile post-adjudication secure correctional facility,
60-20 except for a facility operated solely for children committed to the
60-21 Texas Youth Commission,] shall be made to the Texas Juvenile
60-22 Probation Commission and a local law enforcement agency for
60-23 investigation. [The local law enforcement agency shall immediately
60-24 notify the Texas Juvenile Probation Commission of any report the
60-25 agency receives.]
60-26 (c) [(b)] The Texas Juvenile Probation Commission shall
60-27 conduct an investigation as provided by this chapter if the
61-1 commission receives a report of alleged abuse or neglect in any
61-2 juvenile justice program or facility[, including a juvenile justice
61-3 alternative education program, operated wholly or partly by:]
61-4 [(1) a local juvenile probation department; or]
61-5 [(2) a private vendor operating under the authority of
61-6 a county juvenile board in accordance with the standards adopted by
61-7 the commission].
61-8 (d) [(c)] In an investigation required under this section,
61-9 the investigating agency shall have access to medical and mental
61-10 health records as provided by Subchapter D.
61-11 SECTION 47. Subsections (a) and (g), Article 15.27, Code of
61-12 Criminal Procedure, are amended to read as follows:
61-13 (a) A law enforcement agency that arrests any person or
61-14 refers a child to the office or official designated by the juvenile
61-15 board [court] who the agency believes is enrolled as a student in a
61-16 public primary or secondary school, for an offense listed in
61-17 Subsection (h), shall attempt to ascertain whether the person is so
61-18 enrolled. If the law enforcement agency ascertains that the
61-19 individual is enrolled as a student in a public primary or
61-20 secondary school, the agency shall orally notify the superintendent
61-21 or a person designated by the superintendent in the school district
61-22 in which the student is enrolled of that arrest or referral within
61-23 24 hours after the arrest or referral is made, or on the next
61-24 school day. If the law enforcement agency cannot ascertain whether
61-25 the individual is enrolled as a student, the agency shall orally
61-26 notify the superintendent or a person designated by the
61-27 superintendent in the school district in which the student is
62-1 believed to be enrolled of that arrest or detention within 24 hours
62-2 after the arrest or detention, or on the next school day. If the
62-3 individual is a student, the superintendent shall promptly notify
62-4 all instructional and support personnel who have responsibility for
62-5 supervision of the student. All personnel shall keep the
62-6 information received in this subsection confidential. The State
62-7 Board for Educator Certification may revoke or suspend the
62-8 certification of personnel who intentionally violate this
62-9 subsection. Within seven days after the date the oral notice is
62-10 given, the law enforcement agency shall mail written notification,
62-11 marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
62-12 superintendent or the person designated by the superintendent. Both
62-13 the oral and written notice shall contain sufficient details of the
62-14 arrest or referral and the acts allegedly committed by the student
62-15 to enable the superintendent or the superintendent's designee to
62-16 determine whether there is a reasonable belief that the student has
62-17 engaged in conduct defined as a felony offense by the Penal Code.
62-18 The information contained in the notice may be considered by the
62-19 superintendent or the superintendent's designee in making such a
62-20 determination.
62-21 (g) The office of the prosecuting attorney or the office or
62-22 official designated by the juvenile board [court] shall, within two
62-23 working days, notify the school district that removed a student to
62-24 an alternative education program under Section 37.006, Education
62-25 Code, if:
62-26 (1) prosecution of the student's case was refused for
62-27 lack of prosecutorial merit or insufficient evidence and no formal
63-1 proceedings, deferred adjudication, or deferred prosecution will be
63-2 initiated; or
63-3 (2) the court or jury found the student not guilty or
63-4 made a finding the child did not engage in delinquent conduct or
63-5 conduct indicating a need for supervision and the case was
63-6 dismissed with prejudice.
63-7 SECTION 48. Article 15.27(h), Code of Criminal Procedure, as
63-8 amended by Chapters 1015 and 1233, Acts of the 75th Legislature,
63-9 Regular Session, 1997, is reenacted and amended to read as follows:
63-10 (h) This article applies to any felony offense and the
63-11 following misdemeanors:
63-12 (1) an offense under Section [19.02, 19.03, 19.04,
63-13 19.05,] 20.02, [20.03, 20.04,] 21.08, [21.11,] 22.01, [22.011,
63-14 22.02, 22.021, 22.04,] 22.05, 22.07, [28.02, 29.02, 29.03, 30.02,]
63-15 or 71.02, Penal Code;
63-16 (2) the unlawful use, sale, or possession of a
63-17 controlled substance, drug paraphernalia, or marihuana, as defined
63-18 by Chapter 481, Health and Safety Code; or
63-19 (3) the unlawful possession of any of the weapons or
63-20 devices listed in Sections 46.01(1)-(14) or (16), Penal Code,[;] or
63-21 a weapon listed as a prohibited weapon under Section 46.05, Penal
63-22 Code[; or]
63-23 [(4) a felony offense in which a deadly weapon, as
63-24 defined by Section 1.07, Penal Code, was used or exhibited].
63-25 SECTION 49. Chapter 38, Code of Criminal Procedure, is
63-26 amended by adding Article 38.221 to read as follows:
63-27 Art. 38.221. ADMISSIBILITY OF CHILDRENS' STATEMENTS TAKEN
64-1 OUTSIDE OF STATE. A statement taken by a law enforcement officer,
64-2 other than a peace officer of this state designated under Article
64-3 2.12, Code of Criminal Procedure, from a child in custody outside
64-4 this state is admissible in a criminal proceeding, without regard
64-5 to whether the statement was obtained in violation of Title 3,
64-6 Family Code, if it is obtained in compliance with:
64-7 (1) the constitution of the United States; and
64-8 (2) the law applicable to the place where the
64-9 statement was obtained.
64-10 SECTION 50. Subchapter B, Chapter 45, Code of Criminal
64-11 Procedure, is amended by adding Article 45.0216 to read as follows:
64-12 Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS OF
64-13 CHILDREN. (a) In this article, "child" has the meaning assigned by
64-14 Section 51.02, Family Code.
64-15 (b) A person convicted of not more than one offense
64-16 described by Section 8.07(a)(4) or (5), Penal Code, while the
64-17 person was a child may, on or after the person's 17th birthday,
64-18 apply to the court in which the child was convicted to have the
64-19 conviction expunged as provided by this article.
64-20 (c) The person must make a written request to have the
64-21 records expunged. The request is not required to be under oath.
64-22 (d) The request must contain the person's statement that the
64-23 person was not convicted while the person was a child of any
64-24 offense described by Section 8.07(a)(4) or (5), Penal Code, other
64-25 than the offense the person seeks to have expunged.
64-26 (e) The judge shall inform the person and any parent in open
64-27 court of the person's expunction rights and provide them with a
65-1 copy of this article.
65-2 (f) If the court finds that the person was not convicted of
65-3 any other offense described by Section 8.07(a)(4) or (5), Penal
65-4 Code, while the person was a child, the court shall order the
65-5 conviction, together with all complaints, verdicts, sentences, and
65-6 prosecutorial and law enforcement records, and any other documents
65-7 relating to the offense, expunged from the person's record. After
65-8 entry of the order, the person is released from all disabilities
65-9 resulting from the conviction and the conviction may not be shown
65-10 or made known for any purpose.
65-11 (g) This section does not apply to any offense otherwise
65-12 covered by:
65-13 (1) Chapter 106, Alcoholic Beverage Code;
65-14 (2) Chapter 161, Health and Safety Code; or
65-15 (3) Section 25.094, Education Code.
65-16 (h) Records of a person under 17 years of age relating to a
65-17 complaint dismissed as provided by Article 45.051 or 45.052 may be
65-18 expunged under this article.
65-19 (i) The justice or municipal court may not require a person
65-20 who requests expungement under this article to pay any fee or court
65-21 costs.
65-22 (j) The procedures for expunction provided under this
65-23 article are separate and distinct from the expunction procedures
65-24 under Chapter 55.
65-25 SECTION 51. Article 45.050(b), Code of Criminal Procedure, is
65-26 amended to read as follows:
65-27 (b) If a person who is a child under Section 51.02, Family
66-1 Code, fails to obey an order of a justice or municipal court under
66-2 circumstances that would constitute contempt of court, the justice
66-3 or municipal court has jurisdiction to:
66-4 (1) hold the child in contempt of the justice or
66-5 municipal court order as provided by Section 54.023 [52.027(h)],
66-6 Family Code; or
66-7 (2) refer the child to the appropriate juvenile court
66-8 for delinquent conduct for contempt of the justice or municipal
66-9 court order.
66-10 SECTION 52. Subchapter B, Chapter 45, Code of Criminal
66-11 Procedure, is amended by adding Article 45.054 to read as follows:
66-12 Art. 45.054. AUTHORITY TO EMPLOY CASE MANAGERS FOR JUVENILE
66-13 CASES. (a) A justice or municipal court may employ a case manager
66-14 to provide services in cases before the court dealing with juvenile
66-15 offenders consistent with the court's statutory powers.
66-16 (b) One or more justice or municipal courts, with the
66-17 written consent of the city council or the commissioners court, as
66-18 appropriate, may agree under Chapter 791, Government Code, to
66-19 jointly employ a case manager.
66-20 SECTION 53. Article 62.12(a), Code of Criminal Procedure, is
66-21 amended to read as follows:
66-22 (a) The duty to register for a person with a reportable
66-23 conviction [or adjudication] for a sexually violent offense or for
66-24 an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal Code,
66-25 ends when the person dies. This subsection does not apply to an
66-26 adjudication by a juvenile court under Title 3, Family Code.
66-27 SECTION 54. Chapter 62, Code of Criminal Procedure, is
67-1 amended by adding Article 62.13 to read as follows:
67-2 Art. 62.13. HEARING TO DETERMINE NEED FOR REGISTRATION OF A
67-3 JUVENILE. (a) A person who has an adjudication of delinquent
67-4 conduct that would otherwise be reportable under Article 62.01(5)
67-5 does not have a reportable adjudication of delinquent conduct for
67-6 purposes of this chapter if the juvenile court enters an order
67-7 under this article excusing compliance by the person with the
67-8 registration requirements of this chapter.
67-9 (b) After disposition of a case under Section 54.04, Family
67-10 Code, for adjudication of an offense for which registration is
67-11 required under this chapter, other than for a juvenile assigned a
67-12 numeric risk level of one using the sex offender screening tool
67-13 developed or selected under Article 62.035, the juvenile court on
67-14 motion of the respondent shall conduct a hearing to determine
67-15 whether the interests of the public require registration under this
67-16 chapter.
67-17 (c) The hearing is without a jury and the burden of
67-18 persuasion is on the respondent to show by a preponderance of
67-19 evidence that the criteria of Subsection (e) have been met. The
67-20 court at the hearing may make its determination based on:
67-21 (1) the receipt of exhibits;
67-22 (2) the testimony of witnesses;
67-23 (3) representations of counsel for the parties; or
67-24 (4) the contents of a social history report prepared
67-25 by the juvenile probation department that may include the results
67-26 of testing and examination of the respondent by a psychologist,
67-27 psychiatrist, or counselor.
68-1 (d) All written matter considered by the court shall be
68-2 disclosed to all parties as provided by Section 54.04(b), Family
68-3 Code.
68-4 (e) The court shall enter an order excusing compliance with
68-5 the registration requirements of this chapter if the court
68-6 determines:
68-7 (1) that the protection of the public would not be
68-8 increased by registration of the respondent under this chapter; or
68-9 (2) that any potential increase in protection of the
68-10 public resulting from registration is clearly outweighed by the
68-11 anticipated substantial harm to the respondent and the respondent's
68-12 family that would result from registration under this chapter.
68-13 (f) The prosecuting attorney may waive the state's right to
68-14 a hearing under this article and agree that registration under this
68-15 chapter is not required. If the waiver is entered under a plea
68-16 agreement, the court shall without a hearing enter an order
68-17 excusing compliance with the registration requirements of this
68-18 chapter or, under Section 54.03(j), Family Code, inform the
68-19 respondent that the court believes a hearing under this article is
68-20 required and give the respondent the opportunity to withdraw the
68-21 respondent's plea of guilty, nolo contendere, or true or to affirm
68-22 the respondent's plea and participate in the hearing. If the
68-23 waiver is entered other than under a plea agreement, the court
68-24 shall without a hearing enter an order excusing compliance with the
68-25 registration requirements of this chapter. The waiver must state
68-26 whether or not it is entered under a plea agreement. The
68-27 respondent may as part of a plea agreement promise not to file a
69-1 motion seeking an order excusing registration, in which case the
69-2 court may not recognize the motion.
69-3 (g) Notwithstanding Section 56.01, Family Code, on entry by
69-4 a juvenile court of an order under Subsection (e) excusing
69-5 registration under this chapter, the prosecuting attorney may
69-6 appeal that order by giving notice of appeal within the time
69-7 required under Rule 26.2(b), Texas Rules of Appellate Procedure.
69-8 The appeal is civil and the standard of review in the appellate
69-9 court is whether the juvenile court committed procedural error or
69-10 abused its discretion in excusing compliance with registration.
69-11 The appeal is limited to review of the order excusing compliance
69-12 with registration and may not include any other issues in the case.
69-13 (h) The respondent may under Section 56.01, Family Code,
69-14 appeal the juvenile court's order requiring registration in the
69-15 same manner as the appeal of any other legal issue in the case.
69-16 The standard of review in the appellate court is whether the
69-17 juvenile court committed procedural error or abused its discretion
69-18 in not excusing compliance with registration.
69-19 (i) If the juvenile court enters an order excusing
69-20 registration, the respondent may not be required to register in
69-21 this or any other state for the offense for which registration was
69-22 excused.
69-23 (j) After a hearing under Subsection (b) or under a plea
69-24 agreement under Subsection (f), the juvenile court may enter an
69-25 order deferring decision on requiring registration until the
69-26 respondent has completed a sex offender treatment program as a
69-27 condition of probation or while committed to the Texas Youth
70-1 Commission. The court retains discretion to require or to excuse
70-2 registration at any time during the treatment program or on its
70-3 successful or unsuccessful completion. During the period of
70-4 deferral, registration may not be required.
70-5 (k) After a hearing under Subsection (b) or under a plea
70-6 agreement under Subsection (f), the juvenile court may enter an
70-7 order requiring the respondent to register as a sex offender but
70-8 provide that the registration information is not public information
70-9 and is restricted to use by law enforcement and criminal justice
70-10 agencies. Information obtained under this subsection may not be
70-11 posted on the Internet or released to the public.
70-12 SECTION 55. Section 25.094(d), Education Code, is amended to
70-13 read as follows:
70-14 (d) If the justice or municipal court believes [finds] that
70-15 a child has violated an order issued under Subsection (c), the
70-16 court may proceed as authorized by Section 54.023, Family Code, by
70-17 holding [shall transfer the complaint against] the child in
70-18 contempt and imposing a fine not to exceed $500 or by referring[,
70-19 together with all pleadings and orders, to a juvenile court for the
70-20 county in which] the child to [resides. The] juvenile court for
70-21 delinquent [shall] conduct [an adjudication hearing as provided by
70-22 Section 54.03, Family Code. The adjudication hearing shall be de
70-23 novo].
70-24 SECTION 56. Section 499.053, Government Code, is amended by
70-25 adding Subsection (d) to read as follows:
70-26 (d) A person transferred from the Texas Youth Commission for
70-27 the offense of capital murder shall become eligible for parole as
71-1 provided in Section 508.145(d) for an offense listed in Section 3g,
71-2 Article 42.12, Code of Criminal Procedure, or an offense for which
71-3 a deadly weapon finding has been made.
71-4 SECTION 57. Section 141.0471(c), Human Resources Code, is
71-5 amended to read as follows:
71-6 (c) The governing board of each [Each] agency shall [by
71-7 rule] adopt the coordinated strategic plan on or before December
71-8 1st of each odd-numbered year, or before the adoption of the
71-9 agency's individual strategic plan, whichever is earlier.
71-10 SECTION 58. Section 141.061, Human Resources Code, is amended
71-11 by adding Subsection (f) to read as follows:
71-12 (f) The commission may waive the degree accreditation
71-13 requirement in Subsection (a)(2) if the applicant possesses a
71-14 foreign or other degree that the commission determines is the
71-15 substantial equivalent of a bachelor's degree. The commission
71-16 shall adopt rules defining the procedures to be used to request a
71-17 waiver of the accreditation requirement in Subsection (a)(2).
71-18 SECTION 59. Section 141.065, Human Resources Code, is amended
71-19 to read as follows:
71-20 Sec. 141.065. PERSONS WHO MAY NOT ACT AS JUVENILE PROBATION,
71-21 DETENTION, OR CORRECTIONS OFFICERS. A peace officer, prosecuting
71-22 attorney, or other person who is employed by or who reports
71-23 directly to a law enforcement or prosecution official may not act
71-24 as a juvenile probation, detention, or corrections officer or be
71-25 made responsible for supervising a juvenile on probation.
71-26 SECTION 60. Section 141.066, Human Resources Code, is amended
71-27 to read as follows:
72-1 Sec. 141.066. PROHIBITION ON CARRYING FIREARM. (a) A
72-2 juvenile probation, detention, or corrections officer may not carry
72-3 a firearm in the course of the person's official duties.
72-4 (b) This section does not apply to an employee of the Texas
72-5 Youth Commission.
72-6 SECTION 61. Chapter 142, Human Resources Code, is amended by
72-7 adding Section 142.005 to read as follows:
72-8 Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM
72-9 LIABILITY. (a) On the adoption of policies concerning the
72-10 administration of medication to juveniles by authorized employees,
72-11 the juvenile board and any authorized employee of a program or
72-12 facility operated by the juvenile board are not liable for damages
72-13 arising from the administration of medication to a juvenile if:
72-14 (1) the program or facility administrator has received
72-15 a written request to administer the medication from the parent,
72-16 legal guardian, or other person having legal control over the
72-17 juvenile; and
72-18 (2) when administering prescription medication, the
72-19 medication appears to be in the original container and to be
72-20 properly labeled.
72-21 (b) This section does not apply to damages arising from
72-22 gross negligence.
72-23 SECTION 62. Section 152.0001, Human Resources Code, is
72-24 amended by amending Subsection (a) and adding Subsection (c) to
72-25 read as follows:
72-26 (a) This subchapter applies to each juvenile board created
72-27 under this chapter. Except as provided by Subsection (c), if [If]
73-1 a provision of this subchapter conflicts with a specific provision
73-2 for a particular juvenile board, the specific provision controls.
73-3 (c) Notwithstanding a conflicting specific provision for a
73-4 particular juvenile board, Sections 152.0007 and 152.0008 apply to
73-5 each juvenile board created under this chapter.
73-6 SECTION 63. Section 152.0007(a), Human Resources Code, is
73-7 amended to read as follows:
73-8 (a) The juvenile board shall:
73-9 (1) establish a juvenile probation department and
73-10 employ [personnel to conduct probation services, including] a chief
73-11 probation officer [and, if more than one officer is necessary,
73-12 assistant officers,] who meets [meet] the standards set by the
73-13 Texas Juvenile Probation Commission; and
73-14 (2) adopt a budget and establish policies, including
73-15 financial policies, for [operate or supervise] juvenile services
73-16 within the jurisdiction of the board [in the county and make
73-17 recommendations as to the need for and purchase of services].
73-18 SECTION 64. Section 152.0008(a), Human Resources Code, is
73-19 amended to read as follows:
73-20 (a) The chief juvenile probation officer may, within the
73-21 budget adopted by the board, employ:
73-22 (1) assistant officers who meet the standards set by
73-23 the Texas Juvenile Probation Commission; and
73-24 (2) other [appoint] necessary personnel [with the
73-25 approval of the board].
73-26 SECTION 65. Sections 152.0010(a) and (b), Human Resources
73-27 Code, are amended to read as follows:
74-1 (a) A [Each] juvenile board may [shall] appoint an advisory
74-2 council consisting of the number of [not more than nine] citizen
74-3 members determined appropriate by the board. To the extent
74-4 available in the county, the advisory council may include [,
74-5 including]:
74-6 (1) a prosecuting attorney as defined by Section
74-7 51.02, Family Code;
74-8 (2) a mental health professional;
74-9 (3) a medical health professional; and
74-10 (4) a representative of the education community.
74-11 (b) Council members serve [for staggered two-year] terms as
74-12 specified by the board [with as near as possible to half of the
74-13 members' terms expiring on January 31 of each year].
74-14 SECTION 66. Subchapter A, Chapter 152, Human Resources Code,
74-15 is amended by adding Section 152.0013 to read as follows:
74-16 Sec. 152.0013. IMMUNITY FROM LIABILITY. A member of a
74-17 juvenile board is not liable for damages arising from an act or
74-18 omission committed while performing duties as a board member.
74-19 SECTION 67. Section 8.07(a), Penal Code, is amended to read
74-20 as follows:
74-21 (a) A person may not be prosecuted for or convicted of any
74-22 offense that the person [he] committed when younger than 15 years
74-23 of age except:
74-24 (1) perjury and aggravated perjury when it appears by
74-25 proof that the person [he] had sufficient discretion to understand
74-26 the nature and obligation of an oath;
74-27 (2) a violation of a penal statute cognizable under
75-1 Chapter 729, Transportation Code, except for:
75-2 (A) an offense under Section 550.021,
75-3 Transportation Code;
75-4 (B) an offense punishable as a Class B
75-5 misdemeanor under Section 550.022, Transportation Code; or
75-6 (C) an offense punishable as a Class B
75-7 misdemeanor under Section 550.024, Transportation Code;
75-8 (3) a violation of a motor vehicle traffic ordinance
75-9 of an incorporated city or town in this state;
75-10 (4) a misdemeanor punishable by fine only other than
75-11 public intoxication;
75-12 (5) a violation of a penal ordinance of a political
75-13 subdivision; [or]
75-14 (6) a violation of a penal statute that is, or is a
75-15 lesser included offense of, a capital felony, an aggravated
75-16 controlled substance felony, or a felony of the first degree for
75-17 which the person is transferred to the court under Section 54.02,
75-18 Family Code, for prosecution if the person committed the offense
75-19 when 14 years of age or older; or
75-20 (7) a capital felony or an offense under Section 19.02
75-21 for which the person is transferred to the court under Section
75-22 54.02(j)(2)(A), Family Code.
75-23 SECTION 68. Section 39.04(e)(2), Penal Code, is amended to
75-24 read as follows:
75-25 (2) "Custody" means the detention, arrest, or
75-26 confinement of an adult offender or the detention or the commitment
75-27 of a juvenile offender to a facility operated by or under a
76-1 contract with the Texas Youth Commission or a facility operated by
76-2 or under contract with [of] a juvenile board [offender].
76-3 SECTION 69. The following are repealed:
76-4 (1) Sections 52.027(h) and (j), Family Code;
76-5 (2) Section 54.022(e), Family Code;
76-6 (3) Article 58.01, Code of Criminal Procedure;
76-7 (4) Section 21.002(h), Government Code; and
76-8 (5) Section 53.001, Human Resources Code.
76-9 SECTION 70. (a) This Act takes effect September 1, 2001.
76-10 (b) Except as otherwise provided by this section, this Act
76-11 applies only to conduct that occurs on or after the effective date
76-12 of this Act. Conduct violating the penal laws of this state
76-13 occurs on or after the effective date of this Act if any element of
76-14 the violation occurs on or after that date. Conduct that occurs
76-15 before the effective date of this Act is governed by the law in
76-16 effect at the time the conduct occurred, and that law is continued
76-17 in effect for that purpose.
76-18 (c) Section 54.04, Family Code, as amended by Section 22 of
76-19 this Act, applies only to a disposition by a court made on or after
76-20 the effective date of this Act without regard to whether previous
76-21 adjudications of delinquent conduct on which the disposition is
76-22 based occurred before, on, or after the effective date of this Act.
76-23 (d) Section 58.0071, Family Code, as added by Section 37 of
76-24 this Act, applies to the destruction of records and files in a
76-25 juvenile case on or after the effective date of this Act, without
76-26 regard to whether the records or files destroyed were in existence
76-27 before, on, or after the effective date of this Act.
77-1 (e) Subchapter C, Chapter 58, Family Code, as added by
77-2 Section 40 of this Act, applies to records relating to a juvenile
77-3 case without regard to whether those records existed or were
77-4 maintained before, on, or after the effective date of this Act.