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.