1-1 By: Goodman, et al. (Senate Sponsor - West) H.B. No. 1118
1-2 (In the Senate - Received from the House April 11, 2001;
1-3 April 17, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: West
1-7 Amend H.B. No. 1118 as follows:
1-8 SUBCHAPTER D. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM
1-9 Sec. 58.301. DEFINITIONS. In this subchapter:
1-10 (1) "County juvenile board" means a juvenile board
1-11 created under Chapter 152, Human Resources Code.
1-12 (2) "Governmental placement facility" means a juvenile
1-13 residential placement facility operated by a unit of government.
1-14 (3) "Governmental service provider" means a juvenile
1-15 justice service provider operated by a unit of government.
1-16 (4) "Local juvenile justice information system" means
1-17 a county or multi-county computerized database of information
1-18 concerning children, with data entry and access by the partner
1-19 agencies that are members of the system.
1-20 (5) "Partner agency" means a governmental service
1-21 provider or governmental placement facility that is required by
1-22 this subchapter to be a member of a local juvenile justice
1-23 information system or that has applied to be a member of a local
1-24 juvenile justice information system and has been approved by the
1-25 county juvenile board or regional juvenile board committee as a
1-26 member of the system.
1-27 (6) "Regional juvenile board committee" means a
1-28 committee that is composed of two members from each county juvenile
1-29 board in a region that comprises a multi-county local juvenile
1-30 information system.
1-31 Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local
1-32 juvenile justice information system are to:
1-33 (1) provide accurate information at the county or
1-34 regional level relating to children who come into contact with the
1-35 juvenile justice system;
1-36 (2) assist in the development and delivery of services
1-37 to children in the juvenile justice system;
1-38 (3) assist in the development and delivery of services
1-39 to children:
1-40 (A) who school officials have reasonable cause
1-41 to believe have committed an offense for which a report is required
1-42 under Section 37.015, Education Code; or
1-43 (B) who have been expelled, the expulsion of
1-44 which school officials are required to report under Section 52.041;
1-45 (4) provide for an efficient transmission of juvenile
1-46 records from justice and municipal courts to county juvenile
1-47 probation departments and the juvenile court and from county
1-48 juvenile probation departments and juvenile court to the state
1-49 juvenile justice information system created by Subchapter B;
1-50 (5) provide efficient computerized case management
1-51 resources to juvenile courts, county juvenile probation
1-52 departments, and partner agencies authorized by this subchapter;
1-53 (6) provide a directory of services available to
1-54 children to the partner agencies to facilitate the delivery of
1-55 services to children;
1-56 (7) provide an efficient means for municipal and
1-57 justice courts to report filing of charges, adjudications, and
1-58 dispositions of juveniles to the juvenile court as required by
1-59 Section 51.08; and
1-60 (8) provide a method for agencies to fulfill their
1-61 duties under Section 58.108, including the electronic transmission
1-62 of information required to be sent to the Department of Public
1-63 Safety by Section 58.110(f).
1-64 Sec. 58.303. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM.
1-65 (a) Juvenile justice agencies in a county or region of this state
2-1 may jointly create and maintain a local juvenile justice
2-2 information system to aid in processing the cases of children under
2-3 this code, to facilitate the delivery of services to children in
2-4 the juvenile justice system, and to aid in the early identification
2-5 of at-risk and delinquent children.
2-6 (b) A local juvenile justice information system must contain
2-7 the following components:
2-8 (1) case management resources for juvenile courts,
2-9 prosecuting attorneys, and county juvenile probation departments;
2-10 (2) reporting systems to fulfill statutory
2-11 requirements for reporting in the juvenile justice system;
2-12 (3) service provider directories and indexes of
2-13 agencies providing services to children; and
2-14 (4) victim-witness notices required under Chapter 57.
2-15 (c) A local juvenile justice information system may contain
2-16 the following components:
2-17 (1) electronic filing of complaints or petitions;
2-18 (2) electronic offense and intake processing;
2-19 (3) case docket management and calendaring;
2-20 (4) communications by email or other electronic
2-21 communications between partner agencies;
2-22 (5) reporting of charges filed, adjudications and
2-23 dispositions of juveniles by municipal and justice courts and the
2-24 juvenile court, and transfers of cases to the juvenile court as
2-25 authorized or required by Section 51.08;
2-26 (6) reporting to schools under Article 15.27, Code of
2-27 Criminal Procedure, by law enforcement agencies, prosecuting
2-28 attorneys, and juvenile courts;
2-29 (7) records of adjudications and dispositions,
2-30 including probation conditions ordered by the juvenile court; and
2-31 (8) warrant management and confirmation capabilities.
2-32 (d) Membership in a local juvenile justice information
2-33 system is determined by this subchapter. Membership in a regional
2-34 juvenile justice information system is determined by the regional
2-35 juvenile board committee from among partner agencies that have
2-36 applied for membership.
2-37 Sec. 58.304. TYPES OF INFORMATION CONTAINED IN A LOCAL
2-38 JUVENILE INFORMATION SYSTEM. (a) Subject to Subsection (d), a
2-39 local juvenile justice information system must consist of:
2-40 (1) information relating to all referrals to the
2-41 juvenile court of any type, including referrals for conduct
2-42 indicating a need for supervision and delinquent conduct; and
2-43 (2) information relating to:
2-44 (A) the juvenile;
2-45 (B) the intake or referral of the juvenile into
2-46 the juvenile justice system for any offense or conduct;
2-47 (C) the detention of the juvenile;
2-48 (D) the prosecution of the juvenile;
2-49 (E) the disposition of the juvenile's case,
2-50 including the name and description of any program to which the
2-51 juvenile is referred; and
2-52 (F) the probation, placement, or commitment of
2-53 the juvenile.
2-54 (b) To the extent possible and subject to Subsections (a)
2-55 and (d), the local juvenile justice information system may include
2-56 the following information for each juvenile taken into custody,
2-57 detained, or referred under this title:
2-58 (1) the juvenile's name, including other names by
2-59 which the juvenile is known;
2-60 (2) the juvenile's date and place of birth;
2-61 (3) the juvenile's physical description, including
2-62 sex, weight, height, race, ethnicity, eye color, hair color, scars,
2-63 marks, and tattoos;
2-64 (4) the juvenile's state identification number and
2-65 other identifying information;
2-66 (5) the juvenile's fingerprints and photograph;
2-67 (6) the juvenile's last known residential address,
2-68 including the census tract number designation for the address;
2-69 (7) the name, address, and phone number of the
3-1 juvenile's parent, guardian, or custodian;
3-2 (8) the name and identifying number of the agency that
3-3 took into custody or detained the juvenile;
3-4 (9) each date of custody or detention;
3-5 (10) a detailed description of the conduct for which
3-6 the juvenile was taken into custody, detained, or referred,
3-7 including the level and degree of the alleged offense;
3-8 (11) the name and identifying number of the juvenile
3-9 intake agency or juvenile probation office;
3-10 (12) each disposition by the juvenile intake agency or
3-11 juvenile probation office;
3-12 (13) the date of disposition by the juvenile intake
3-13 agency or juvenile probation office;
3-14 (14) the name and identifying number of the
3-15 prosecutor's office;
3-16 (15) each disposition by the prosecutor;
3-17 (16) the date of disposition by the prosecutor;
3-18 (17) the name and identifying number of the court;
3-19 (18) each disposition by the court, including
3-20 information concerning custody of a juvenile by a juvenile justice
3-21 agency or county juvenile probation department;
3-22 (19) the date of disposition by the court;
3-23 (20) any commitment or release under supervision by
3-24 the Texas Youth Commission, including the date of the commitment or
3-25 release; and
3-26 (21) information concerning each appellate proceeding.
3-27 (c) If the Department of Public Safety assigns a state
3-28 identification number for the juvenile, the identification number
3-29 shall be entered in the local juvenile information system.
3-30 (d) Information obtained for the purpose of diagnosis,
3-31 examination, evaluation, or treatment or for making a referral for
3-32 treatment of a child by a public or private agency or institution
3-33 providing supervision of a child by arrangement of the juvenile
3-34 court or having custody of the child under order of the juvenile
3-35 court may not be collected under Subsection (a) or (b).
3-36 Sec. 58.305. PARTNER AGENCIES. (a) A local juvenile
3-37 justice information system for a single county shall include the
3-38 following partner agencies within that county:
3-39 (1) the juvenile court;
3-40 (2) justice of the peace and municipal courts;
3-41 (3) the county juvenile probation department;
3-42 (4) the prosecuting attorneys who prosecute juvenile
3-43 cases in juvenile court, municipal court, or justice court;
3-44 (5) law enforcement agencies;
3-45 (6) each public school district in the county;
3-46 (7) governmental service providers approved by the
3-47 county juvenile board; and
3-48 (8) governmental placement facilities approved by the
3-49 county juvenile board.
3-50 (b) A local juvenile justice information system for a
3-51 multi-county region shall include the partner agencies listed in
3-52 Subsections (a)(1)-(6) for each county in the region and the
3-53 following partner agencies from within the multi-county region that
3-54 have applied for membership in the system and have been approved by
3-55 the regional juvenile board committee:
3-56 (1) governmental service providers; and
3-57 (2) governmental placement facilities.
3-58 Sec. 58.306. ACCESS TO INFORMATION; LEVELS. (a) This
3-59 section describes the level of access to information to which each
3-60 partner agency in a local juvenile justice information system is
3-61 entitled.
3-62 (b) Information is at Access Level 1 if the information
3-63 relates to a child:
3-64 (1) who:
3-65 school official has reasonable grounds to believe has committed an
3-66 offense for which a report is required under Section 37.015,
3-67 Education Code; or
3-68 (B) has been expelled, the expulsion of which is
3-69 required to be reported under Section 52.041; and
4-1 (2) who has not been charged with a fineable only
4-2 offense, a status offense, or delinquent conduct.
4-3 (c) Information is at Access Level 2 if the information
4-4 relates to a child who:
4-5 (1) is alleged in a justice or municipal court to have
4-6 committed a fineable only offense, municipal ordinance violation,
4-7 or status offense; and
4-8 (2) has not been charged with delinquent conduct or
4-9 conduct indicating a need for supervision.
4-10 (d) Information is at Access Level 3 if the information
4-11 relates to a child who is alleged to have engaged in delinquent
4-12 conduct or conduct indicating a need for supervision.
4-13 (e) Level 1 Access is by public school districts in the
4-14 county or region served by the local juvenile justice information
4-15 system.
4-16 (f) Level 2 Access is by:
4-17 (1) justice of the peace courts that process juvenile
4-18 cases; and
4-19 (2) municipal courts that process juvenile cases.
4-20 (g) Level 3 Access is by:
4-21 (1) the juvenile court;
4-22 (2) the prosecuting attorney;
4-23 (3) the county juvenile probation department;
4-24 (4) law enforcement agencies;
4-25 (5) governmental service providers that are partner
4-26 agencies; and
4-27 (6) governmental placement facilities that are partner
4-28 agencies.
4-29 (h) Access for Level 1 agencies is only to information at
4-30 Level 1. Access for Level 2 agencies is only to information at
4-31 Levels 1 and 2. Access for Level 3 agencies is to information at
4-32 Levels 1, 2, and 3.
4-33 Sec. 58.307. CONFIDENTIALITY OF INFORMATION.
4-34 (a) Information that is part of a local juvenile justice system is
4-35 not public information and may not be released to the public,
4-36 except as authorized by law.
4-37 (b) Information that is part of a local juvenile justice
4-38 information system is for the professional use of the partner
4-39 agencies that are members of the system and may be used only by
4-40 authorized employees of those agencies to discharge duties of those
4-41 agencies.
4-42 (c) Information from a local juvenile justice information
4-43 system may not be disclosed to persons, agencies, or organizations
4-44 that are not members of the system except to the extent disclosure
4-45 is authorized or mandated by this title.
4-46 (d) Information in a local juvenile justice information
4-47 system is subject to destruction, sealing, or restricted access as
4-48 provided by this title.
4-49 (e) Information in a local juvenile justice information
4-50 system shall be protected from unauthorized access by a system of
4-51 access security and any access to information in a local juvenile
4-52 information system performed by browser software shall be at the
4-53 level of at least 128-bit encryption. A juvenile board or a
4-54 regional juvenile board committee shall require all partner
4-55 agencies to maintain security and restrict access in accordance
4-56 with the requirements of this Title.
4-57 COMMITTEE AMENDMENT NO. 2 By: West
4-58 Amend H.B. No. 1118 as follows:
4-59 (1) In the recital to SECTION 57 of the bill (House
4-60 Engrossment, page 30, lines 35-36), strike "Section 141.042(e),
4-61 Human Resources Code, is amended" and substitute "Section 141.042,
4-62 Human Resources Code, is amended by amending Subsection (e) and
4-63 adding Subsection (g)".
4-64 (2) Between SECTIONS 57 and 58 of the bill (House
4-65 Engrossment, page 30, between lines 55-56), insert the following
4-66 new Section 141.042(g), Human Resources Code:
4-67 (g) Any statement made by a child and any mental health data
5-1 obtained from the child during the administration of the mental
5-2 health screening instrument under this section is not admissible
5-3 against the child at any other hearing. The person administering
5-4 the mental health screening instrument shall inform the child that
5-5 any statement made by the child and any mental health data obtained
5-6 from the child during the administration of the instrument is not
5-7 admissible against the child at any other hearing.
5-8 COMMITTEE AMENDMENT NO. 4 By: West
5-9 Amend H.B. No. 1118 in SECTION 49 of the bill, in the second
5-10 sentence of added Article 45.0216(c), Code of Criminal Procedure
5-11 (House Engrossment, page 27, line 10), by striking "is not required
5-12 to" and substituting "must".
5-13 A BILL TO BE ENTITLED
5-14 AN ACT
5-15 relating to the adjudication and disposition of juvenile conduct
5-16 and the administration of the juvenile justice system.
5-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5-18 SECTION 1. Section 51.02(12), Family Code, is amended to
5-19 read as follows:
5-20 (12) "Referral to juvenile court" means the referral
5-21 of a child or a child's case to the office or official, including
5-22 an intake officer or probation officer, designated by the juvenile
5-23 board [court] to process children within the juvenile justice
5-24 system.
5-25 SECTION 2. Section 51.03(a), Family Code, is amended to read
5-26 as follows:
5-27 (a) Delinquent conduct is:
5-28 (1) conduct, other than a traffic offense, that
5-29 violates a penal law of this state or of the United States
5-30 punishable by imprisonment or by confinement in jail;
5-31 (2) [conduct that violates a reasonable and lawful
5-32 order of a juvenile court entered under Section 54.04 or 54.05 of
5-33 this code, except an order prohibiting the following conduct:]
5-34 [(A) a violation of the penal laws of this state
5-35 of the grade of misdemeanor that is punishable by fine only or a
5-36 violation of the penal ordinances of any political subdivision of
5-37 this state;]
5-38 [(B) the unexcused voluntary absence of a child
5-39 from school; or]
5-40 [(C) the voluntary absence of a child from his
5-41 home without the consent of his parent or guardian for a
5-42 substantial length of time or without intent to return;]
5-43 [(3)] conduct that violates a lawful order of a
5-44 municipal court or justice court under circumstances that would
5-45 constitute contempt of that court;
5-46 (3) [(4)] conduct that violates Section 49.04, 49.05,
5-47 49.06, 49.07, or 49.08, Penal Code; or
5-48 (4) [(5)] conduct that violates Section 106.041,
5-49 Alcoholic Beverage Code, relating to driving under the influence of
5-50 alcohol by a minor (third or subsequent offense).
5-51 SECTION 3. Section 51.04(g), Family Code, is amended to read
5-52 as follows:
5-53 (g) The juvenile board[, or if there is no juvenile board,
5-54 the juvenile court,] may appoint a referee to make determinations
5-55 under Section 53.02(f) or to conduct hearings under this title.
5-56 The referee shall be an attorney licensed to practice law in this
5-57 state and shall comply with Section 54.10. Payment of any referee
5-58 services shall be provided from county funds.
5-59 SECTION 4. Section 51.041, Family Code, is amended to read
5-60 as follows:
5-61 Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
5-62 retains jurisdiction over a person, without regard to the age of
5-63 the person, for conduct engaged in by the person before becoming 17
5-64 years of age if, as a result of an appeal by the person under
5-65 Chapter 56 or under Article 44.47, Code of Criminal Procedure, of
6-1 an order of the court, the order is reversed or modified and the
6-2 case remanded to the court by the appellate court.
6-3 (b) If the respondent is at least 18 years of age when the
6-4 order of remand from the appellate court is received by the
6-5 juvenile court, the juvenile court shall proceed as provided by
6-6 Sections 54.02(o)-(r) for the detention of a person at least 18
6-7 years of age in discretionary transfer proceedings. Pending
6-8 retrial of the adjudication or transfer proceeding, the juvenile
6-9 court may:
6-10 (1) order the respondent released from custody;
6-11 (2) order the respondent detained in a juvenile
6-12 detention facility; or
6-13 (3) set bond and order the respondent detained in a
6-14 county adult facility if bond is not made.
6-15 SECTION 5. Chapter 51, Family Code, is amended by adding
6-16 Section 51.0412 to read as follows:
6-17 Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS. The
6-18 court retains jurisdiction over a person, without regard to the age
6-19 of the person, who is a respondent in an adjudication proceeding, a
6-20 disposition proceeding, or a proceeding to modify disposition if:
6-21 (1) the petition or motion to modify was filed while
6-22 the respondent was younger than 18 years of age;
6-23 (2) the proceeding is not complete before the
6-24 respondent becomes 18 years of age; and
6-25 (3) the court enters a finding in the proceeding that
6-26 the prosecuting attorney exercised due diligence in an attempt to
6-27 complete the proceeding before the respondent became 18 years of
6-28 age.
6-29 SECTION 6. Section 51.08, Family Code, is amended by
6-30 amending Subsection (b) and adding Subsection (d) to read as
6-31 follows:
6-32 (b) A court in which there is pending a complaint against a
6-33 child alleging a violation of a misdemeanor offense punishable by
6-34 fine only other than a traffic offense or public intoxication or a
6-35 violation of a penal ordinance of a political subdivision other
6-36 than a traffic offense:
6-37 (1) except as provided by Subsection (d), shall waive
6-38 its original jurisdiction and refer a child to juvenile court if
6-39 the child has previously been convicted of:
6-40 (A) two or more misdemeanors punishable by fine
6-41 only other than a traffic offense or public intoxication;
6-42 (B) two or more violations of a penal ordinance
6-43 of a political subdivision other than a traffic offense; or
6-44 (C) one or more of each of the types of
6-45 misdemeanors described in Paragraph (A) or (B) of this subdivision;
6-46 and
6-47 (2) may waive its original jurisdiction and refer a
6-48 child to juvenile court if the child:
6-49 (A) has not previously been convicted of a
6-50 misdemeanor punishable by fine only other than a traffic offense or
6-51 public intoxication or a violation of a penal ordinance of a
6-52 political subdivision other than a traffic offense; or
6-53 (B) has previously been convicted of fewer than
6-54 two misdemeanors punishable by fine only other than a traffic
6-55 offense or public intoxication or two violations of a penal
6-56 ordinance of a political subdivision other than a traffic offense.
6-57 (d) A court that has implemented a juvenile case manager
6-58 program under Article 45.054, Code of Criminal Procedure, may, but
6-59 is not required to, waive its original jurisdiction under
6-60 Subsection (b)(1).
6-61 SECTION 7. Section 51.095(a), Family Code, is amended to
6-62 read as follows:
6-63 (a) Notwithstanding Section 51.09, the statement of a child
6-64 is admissible in evidence in any future proceeding concerning the
6-65 matter about which the statement was given if:
6-66 (1) the statement is made in writing under a
6-67 circumstance described by Subsection (d) and:
6-68 (A) the statement shows that the child has at
6-69 some time before the making of the statement received from a
7-1 magistrate a warning that:
7-2 (i) the child may remain silent and not
7-3 make any statement at all and that any statement that the child
7-4 makes may be used in evidence against the child;
7-5 (ii) the child has the right to have an
7-6 attorney present to advise the child either prior to any
7-7 questioning or during the questioning;
7-8 (iii) if the child is unable to employ an
7-9 attorney, the child has the right to have an attorney appointed to
7-10 counsel with the child before or during any interviews with peace
7-11 officers or attorneys representing the state; and
7-12 (iv) the child has the right to terminate
7-13 the interview at any time;
7-14 (B) and:
7-15 (i) the statement must be signed in the
7-16 presence of a magistrate by the child with no law enforcement
7-17 officer or prosecuting attorney present, except that a magistrate
7-18 may require a bailiff or a law enforcement officer if a bailiff is
7-19 not available to be present if the magistrate determines that the
7-20 presence of the bailiff or law enforcement officer is necessary for
7-21 the personal safety of the magistrate or other court personnel,
7-22 provided that the bailiff or law enforcement officer may not carry
7-23 a weapon in the presence of the child; and
7-24 (ii) the magistrate must be fully
7-25 convinced that the child understands the nature and contents of the
7-26 statement and that the child is signing the same voluntarily, and
7-27 if a statement is taken, the magistrate must sign a written
7-28 statement verifying the foregoing requisites have been met;
7-29 (C) the child knowingly, intelligently, and
7-30 voluntarily waives these rights before and during the making of the
7-31 statement and signs the statement in the presence of a magistrate;
7-32 and
7-33 (D) the magistrate certifies that the magistrate
7-34 has examined the child independent of any law enforcement officer
7-35 or prosecuting attorney, except as required to ensure the personal
7-36 safety of the magistrate or other court personnel, and has
7-37 determined that the child understands the nature and contents of
7-38 the statement and has knowingly, intelligently, and voluntarily
7-39 waived these rights;
7-40 (2) the statement is made orally and the child makes a
7-41 statement of facts or circumstances that are found to be true and
7-42 tend[, which conduct tends] to establish the child's guilt, such as
7-43 the finding of secreted or stolen property, or the instrument with
7-44 which the child states the offense was committed;
7-45 (3) the statement was res gestae of the delinquent
7-46 conduct or the conduct indicating a need for supervision or of the
7-47 arrest;
7-48 (4) the statement is made:
7-49 (A) in open court at the child's adjudication
7-50 hearing;
7-51 (B) before a grand jury considering a petition,
7-52 under Section 53.045, that the child engaged in delinquent conduct;
7-53 or
7-54 (C) at a preliminary hearing concerning the
7-55 child held in compliance with this code, other than at a detention
7-56 hearing under Section 54.01; or
7-57 (5) the statement is made orally under a circumstance
7-58 described by Subsection (d) and the statement is recorded by an
7-59 electronic recording device, including a device that records
7-60 images, and:
7-61 (A) before making the statement, the child is
7-62 given the warning described by Subdivision (1)(A) by a magistrate,
7-63 the warning is a part of the recording, and the child knowingly,
7-64 intelligently, and voluntarily waives each right stated in the
7-65 warning;
7-66 (B) the recording device is capable of making an
7-67 accurate recording, the operator of the device is competent to use
7-68 the device, the recording is accurate, and the recording has not
7-69 been altered;
8-1 (C) each voice on the recording is identified;
8-2 and
8-3 (D) not later than the 20th day before the date
8-4 of the proceeding, the attorney representing the child is given a
8-5 complete and accurate copy of each recording of the child made
8-6 under this subdivision.
8-7 SECTION 8. Section 51.10(e), Family Code, is amended to read
8-8 as follows:
8-9 (e) The court may enforce orders under Subsection (d) [(c)
8-10 of this section] by proceedings under Section 54.07 [of this code]
8-11 or by appointing counsel and ordering the parent or other person
8-12 responsible for support of the child to pay a reasonable attorney's
8-13 fee set by the court. The order may be enforced under Section
8-14 54.07 [of this code].
8-15 SECTION 9. Chapter 51, Family Code, is amended by adding
8-16 Section 51.101 to read as follows:
8-17 Sec. 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF
8-18 REPRESENTATION. (a) If an attorney is appointed at the initial
8-19 detention hearing and the child is detained, the attorney shall
8-20 continue to represent the child until the case is terminated, the
8-21 family retains an attorney, or a new attorney is appointed by the
8-22 juvenile court. Release of the child from detention does not
8-23 terminate the attorney's representation.
8-24 (b) If there is an initial detention hearing without an
8-25 attorney and the child is detained, the attorney appointed under
8-26 Section 51.10(c) shall continue to represent the child until the
8-27 case is terminated, the family retains an attorney, or a new
8-28 attorney is appointed by the juvenile court. Release of the child
8-29 from detention does not terminate the attorney's representation.
8-30 (c) The juvenile court shall determine, on the filing of a
8-31 petition, whether the child's family is indigent if:
8-32 (1) the child is released by intake;
8-33 (2) the child is released at the initial detention
8-34 hearing; or
8-35 (3) the case was referred to the court without the
8-36 child in custody.
8-37 (d) A juvenile court that makes a finding of indigence under
8-38 Subsection (c) shall appoint an attorney to represent the child on
8-39 or before the fifth working day after the date the petition for
8-40 adjudication or discretionary transfer hearing was served on the
8-41 child. An attorney appointed under this subsection shall continue
8-42 to represent the child until the case is terminated, the family
8-43 retains an attorney, or a new attorney is appointed by the juvenile
8-44 court.
8-45 (e) The juvenile court shall determine whether the child's
8-46 family is indigent if a motion or petition is filed under Section
8-47 54.05 seeking to modify disposition by committing the child to the
8-48 Texas Youth Commission or placing the child in a secure
8-49 correctional facility. A court that makes a finding of indigence
8-50 shall appoint an attorney to represent the child on or before the
8-51 fifth working day after the date the petition or motion has been
8-52 filed. An attorney appointed under this subsection shall continue
8-53 to represent the child until the court rules on the motion or
8-54 petition, the family retains an attorney, or a new attorney is
8-55 appointed.
8-56 SECTION 10. Sections 51.12(b), (c), and (l), Family Code,
8-57 are amended to read as follows:
8-58 (b) The proper authorities in each county shall provide a
8-59 suitable place of detention for children who are parties to
8-60 proceedings under this title, but the juvenile board [court] shall
8-61 control the conditions and terms of detention and detention
8-62 supervision and shall permit visitation with the child at all
8-63 reasonable times.
8-64 (c) In each county, each judge of the juvenile court and a
8-65 majority of the members of the juvenile board shall personally
8-66 inspect the juvenile pre-adjudication secure detention facilities
8-67 and any public or private juvenile secure correctional facilities
8-68 used for post-adjudication confinement that are located in the
8-69 county and operated under authority of the juvenile board at least
9-1 annually and shall certify in writing to the authorities
9-2 responsible for operating and giving financial support to the
9-3 facilities and to the Texas Juvenile Probation Commission that they
9-4 are suitable or unsuitable for the detention of children in
9-5 accordance with:
9-6 (1) the requirements of Subsections (a), (f), and (g);
9-7 and
9-8 (2) minimum professional standards for the detention
9-9 of children in pre-adjudication or post-adjudication secure
9-10 confinement promulgated by the Texas Juvenile Probation Commission
9-11 or, at the election of the juvenile board, the current standards
9-12 promulgated by the American Correctional Association.
9-13 (l) A child who is taken into custody and required to be
9-14 detained under Section 53.02(f) may be detained in a county jail or
9-15 other facility until the child is released under Section 53.02(f)
9-16 or until a detention hearing is held as required by Section
9-17 54.01(p), regardless of whether the facility complies with the
9-18 requirements of this section, if:
9-19 (1) a certified juvenile detention facility or a
9-20 secure detention facility described by Subsection (j) is not
9-21 available in the county in which the child is taken into custody or
9-22 in an adjacent county;
9-23 (2) the facility has been designated by the county
9-24 juvenile board for the county in which the facility is located;
9-25 (3) the child is separated by sight and sound from
9-26 adults detained in the same facility through architectural design
9-27 or time-phasing;
9-28 (4) the child does not have any contact with
9-29 management or direct-care staff that has contact with adults
9-30 detained in the same facility on the same work shift;
9-31 (5) the county in which the child is taken into
9-32 custody is not located in a metropolitan statistical area as
9-33 designated by the United States Bureau of the Census; and
9-34 (6) each judge of the juvenile court and a majority of
9-35 the members of the juvenile board of the county in which the child
9-36 is taken into custody have personally inspected the facility at
9-37 least annually and have certified in writing to the Texas Juvenile
9-38 Probation Commission that the facility complies with the
9-39 requirements of Subdivisions (3) and (4).
9-40 SECTION 11. Sections 52.01(c) and (d), Family Code, are
9-41 amended to read as follows:
9-42 (c) A law-enforcement officer authorized to take a child
9-43 into custody under Subdivisions (2) and (3) of Subsection (a) of
9-44 this section may issue a warning notice to the child in lieu of
9-45 taking the child [him] into custody if:
9-46 (1) guidelines for warning disposition have been
9-47 issued by the law-enforcement agency in which the officer works;
9-48 (2) the guidelines have been approved by the juvenile
9-49 court of the county in which the disposition is made;
9-50 (3) the disposition is authorized by the guidelines;
9-51 (4) the warning notice identifies the child and
9-52 describes the child's [his] alleged conduct;
9-53 (5) a copy of the warning notice is sent to the
9-54 child's parent, guardian, or custodian as soon as practicable after
9-55 disposition; and
9-56 (6) a copy of the warning notice is filed with the
9-57 law-enforcement agency and the office or official designated by the
9-58 juvenile board [court].
9-59 (d) A warning notice filed with the office or official
9-60 designated by the juvenile board [court] may be used as the basis
9-61 of further action if necessary.
9-62 SECTION 12. Sections 52.02(a) and (b), Family Code, are
9-63 amended to read as follows:
9-64 (a) Except as provided by Subsection (c), a person taking a
9-65 child into custody, without unnecessary delay and without first
9-66 taking the child to any place other than a juvenile processing
9-67 office designated under Section 52.025, shall do one of the
9-68 following:
9-69 (1) release the child to a parent, guardian, custodian
10-1 of the child, or other responsible adult upon that person's promise
10-2 to bring the child before the juvenile court as requested by the
10-3 court;
10-4 (2) bring the child before the office or official
10-5 designated by the juvenile board [court] if there is probable cause
10-6 to believe that the child engaged in delinquent conduct or conduct
10-7 indicating a need for supervision;
10-8 (3) bring the child to a detention facility designated
10-9 by the juvenile board [court];
10-10 (4) bring the child to a secure detention facility as
10-11 provided by Section 51.12(j);
10-12 (5) bring the child to a medical facility if the child
10-13 is believed to suffer from a serious physical condition or illness
10-14 that requires prompt treatment; or
10-15 (6) dispose of the case under Section 52.03.
10-16 (b) A person taking a child into custody shall promptly give
10-17 notice of the person's [his] action and a statement of the reason
10-18 for taking the child into custody, to:
10-19 (1) the child's parent, guardian, or custodian; and
10-20 (2) the office or official designated by the juvenile
10-21 board [court].
10-22 SECTION 13. Section 52.025(a), Family Code, is amended to
10-23 read as follows:
10-24 (a) The juvenile board [court] may designate an office or a
10-25 room, which may be located in a police facility or sheriff's
10-26 offices, as the juvenile processing office for the temporary
10-27 detention of a child taken into custody under Section 52.01 [of
10-28 this code]. The office may not be a cell or holding facility used
10-29 for detentions other than detentions under this section. The
10-30 juvenile board [court] by written order may prescribe the
10-31 conditions of the designation and limit the activities that may
10-32 occur in the office during the temporary detention.
10-33 SECTION 14. Sections 52.027(f) and (i), Family Code, are
10-34 amended to read as follows:
10-35 (f) A child taken into custody for an offense that a justice
10-36 or municipal court has jurisdiction of under Article 4.11 or 4.14,
10-37 Code of Criminal Procedure, other than public intoxication, may be
10-38 presented or detained in a detention facility designated by the
10-39 juvenile board [court] under Section 52.02(a)(3) only if:
10-40 (1) the child's non-traffic case is transferred to the
10-41 juvenile court by a municipal court or justice court under Section
10-42 51.08(b); or
10-43 (2) the child is referred to the juvenile court by a
10-44 municipal court or justice court for contempt of court under
10-45 Subsection (h).
10-46 (i) In this section, "child" means a person who[:]
10-47 [(1)] is at least 10 years of age and younger than 17
10-48 years of age and who is charged with or convicted of an offense
10-49 that a justice or municipal court has jurisdiction of under Article
10-50 4.11 or 4.14, Code of Criminal Procedure, other than public
10-51 intoxication[; or]
10-52 [(2) is at least 10 years of age and younger than 18
10-53 years of age and who:]
10-54 [(A) is a status offender and was taken into
10-55 custody as a status offender for conduct engaged in before becoming
10-56 17 years of age; or]
10-57 [(B) is a nonoffender and became a nonoffender
10-58 before becoming 17 years of age].
10-59 SECTION 15. Section 52.03(d), Family Code, is amended to
10-60 read as follows:
10-61 (d) Statistics indicating the number and kind of
10-62 dispositions made by a law-enforcement agency under the authority
10-63 of this section shall be reported at least annually to the office
10-64 or official designated by the juvenile board [court], as ordered by
10-65 the court.
10-66 SECTION 16. Sections 52.04(a) and (b), Family Code, are
10-67 amended to read as follows:
10-68 (a) The following shall accompany referral of a child or a
10-69 child's case to the office or official designated by the juvenile
11-1 board [court] or be provided as quickly as possible after referral:
11-2 (1) all information in the possession of the person or
11-3 agency making the referral pertaining to the identity of the child
11-4 and the child's [his] address, the name and address of the child's
11-5 parent, guardian, or custodian, the names and addresses of any
11-6 witnesses, and the child's present whereabouts;
11-7 (2) a complete statement of the circumstances of the
11-8 alleged delinquent conduct or conduct indicating a need for
11-9 supervision;
11-10 (3) when applicable, a complete statement of the
11-11 circumstances of taking the child into custody; and
11-12 (4) when referral is by an officer of a
11-13 law-enforcement agency, a complete statement of all prior contacts
11-14 with the child by officers of that law-enforcement agency.
11-15 (b) The office or official designated by the juvenile board
11-16 [court] may refer the case to a law-enforcement agency for the
11-17 purpose of conducting an investigation to obtain necessary
11-18 information.
11-19 SECTION 17. Sections 52.041(c) and (d), Family Code, are
11-20 amended to read as follows:
11-21 (c) Within five working days of receipt of an expulsion
11-22 notice under this section by the office or official designated by
11-23 the juvenile board [court], a preliminary investigation and
11-24 determination shall be conducted as required by Section 53.01.
11-25 (d) The office or official designated by the juvenile board
11-26 [court] shall within two working days notify the school district
11-27 that expelled the child if:
11-28 (1) a determination was made under Section 53.01 that
11-29 the person referred to juvenile court was not a child within the
11-30 meaning of this title;
11-31 (2) a determination was made that no probable cause
11-32 existed to believe the child engaged in delinquent conduct or
11-33 conduct indicating a need for supervision;
11-34 (3) no deferred prosecution or formal court
11-35 proceedings have been or will be initiated involving the child;
11-36 (4) the court or jury finds that the child did not
11-37 engage in delinquent conduct or conduct indicating a need for
11-38 supervision and the case has been dismissed with prejudice; or
11-39 (5) the child was adjudicated but no disposition was
11-40 or will be ordered by the court.
11-41 SECTION 18. Sections 53.01(a) and (c), Family Code, are
11-42 amended to read as follows:
11-43 (a) On referral of a person believed to be a child or on
11-44 referral of the person's case to the office or official designated
11-45 by the juvenile board [court], the intake officer, probation
11-46 officer, or other person authorized by the court shall conduct a
11-47 preliminary investigation to determine whether:
11-48 (1) the person referred to juvenile court is a child
11-49 within the meaning of this title; and
11-50 (2) there is probable cause to believe the person
11-51 engaged in delinquent conduct or conduct indicating a need for
11-52 supervision.
11-53 (c) When custody of a child is given to the office or
11-54 official designated by the juvenile board [court], the intake
11-55 officer, probation officer, or other person authorized by the court
11-56 shall promptly give notice of the whereabouts of the child and a
11-57 statement of the reason the child [he] was taken into custody to
11-58 the child's parent, guardian, or custodian unless the notice given
11-59 under Section 52.02(b) [of this code] provided fair notice of the
11-60 child's present whereabouts.
11-61 SECTION 19. Section 54.01(l), Family Code, is amended to
11-62 read as follows:
11-63 (l) The juvenile board [or, if there is none, the juvenile
11-64 court,] may appoint a referee to conduct the detention hearing.
11-65 The referee shall be an attorney licensed to practice law in this
11-66 state. Such payment or additional payment as may be warranted for
11-67 referee services shall be provided from county funds. Before
11-68 commencing the detention hearing, the referee shall inform the
11-69 parties who have appeared that they are entitled to have the
12-1 hearing before the juvenile court judge or a substitute judge
12-2 authorized by Section 51.04(f) [of this code]. If a party objects
12-3 to the referee conducting the detention hearing, an authorized
12-4 judge shall conduct the hearing within 24 hours. At the conclusion
12-5 of the hearing, the referee shall transmit written findings and
12-6 recommendations to the juvenile court judge or substitute judge.
12-7 The juvenile court judge or substitute judge shall adopt, modify,
12-8 or reject the referee's recommendations not later than the next
12-9 working day after the day that the judge receives the
12-10 recommendations. Failure to act within that time results in
12-11 release of the child by operation of law. A recommendation that
12-12 the child be released operates to secure the child's [his]
12-13 immediate release, subject to the power of the juvenile court judge
12-14 or substitute judge to reject or modify that recommendation. The
12-15 effect of an order detaining a child shall be computed from the
12-16 time of the hearing before the referee.
12-17 SECTION 20. Chapter 54, Family Code, is amended by adding
12-18 Section 54.023 to read as follows:
12-19 Sec. 54.023. JUSTICE OR MUNICIPAL COURT: ENFORCEMENT. (a)
12-20 If a child intentionally or knowingly fails to obey a lawful order
12-21 of disposition after an adjudication of guilt of an offense that a
12-22 justice or municipal court has jurisdiction of under Article 4.11
12-23 or 4.14, Code of Criminal Procedure, the justice or municipal court
12-24 may:
12-25 (1) refer the child to the appropriate juvenile court
12-26 for delinquent conduct for contempt of the justice or municipal
12-27 court order; or
12-28 (2) retain jurisdiction of the case and:
12-29 (A) hold the child in contempt of the justice or
12-30 municipal court order and impose a fine not to exceed $500;
12-31 (B) order the child to be held in a place of
12-32 nonsecure custody designated under Section 52.027 for a single
12-33 period not to exceed six hours; or
12-34 (C) order the Department of Public Safety to
12-35 suspend the driver's license or permit of the child or, if the
12-36 child does not have a license or permit, to deny the issuance of a
12-37 license or permit to the child and, if the child has a continuing
12-38 obligation under the court's order, require that the suspension or
12-39 denial be effective until the child fully discharges the
12-40 obligation.
12-41 (b) A court that orders suspension or denial of a child's
12-42 driver's license or permit shall notify the Department of Public
12-43 Safety on receiving proof that the child has fully complied with
12-44 the orders of the court.
12-45 (c) A justice or municipal court may hold a person in
12-46 contempt and impose a remedy authorized by Subsection (a)(2) if:
12-47 (1) the person as a child was placed under an order of
12-48 the justice or municipal court;
12-49 (2) the person failed to obey the order while the
12-50 person was 17 years of age or older; and
12-51 (3) the failure to obey occurred under circumstances
12-52 that constitute contempt of court.
12-53 (d) A justice or municipal court may hold a person in
12-54 contempt and impose a remedy authorized by Subsection (a)(2) if the
12-55 person, while younger than 17 years of age, engaged in conduct in
12-56 contempt of an order of the justice or municipal court but contempt
12-57 proceedings could not be held before the child's 17th birthday.
12-58 (e) A justice or municipal court may not order a child to a
12-59 term of confinement or imprisonment for contempt of a justice or
12-60 municipal court order under this section.
12-61 (f) A justice or municipal court may not refer a child who
12-62 violates a court order while 17 years of age or older to a juvenile
12-63 court for delinquency proceedings for contempt of court.
12-64 SECTION 21. Section 54.03(c), Family Code, is amended to
12-65 read as follows:
12-66 (c) Trial shall be by jury unless jury is waived in
12-67 accordance with Section 51.09 [of this code]. If the hearing is on
12-68 a petition that has been approved by the grand jury under Section
12-69 53.045 [of this code], the jury must consist of 12 persons and be
13-1 selected in accordance with the requirements in criminal cases.
13-2 Jury verdicts under this title must be unanimous.
13-3 SECTION 22. Section 54.04, Family Code, as amended by
13-4 Chapters 1193, 1415, 1448, and 1477, Acts of the 76th Legislature,
13-5 Regular Session, 1999, is reenacted and amended to read as follows:
13-6 Sec. 54.04. DISPOSITION HEARING. (a) The disposition
13-7 hearing shall be separate, distinct, and subsequent to the
13-8 adjudication hearing. There is no right to a jury at the
13-9 disposition hearing unless the child is in jeopardy of a
13-10 determinate sentence under Subsection (d)(3) or (m) [of this
13-11 section], in which case, the child is entitled to a jury of 12
13-12 persons to determine the sentence.
13-13 (b) At the disposition hearing, the juvenile court may
13-14 consider written reports from probation officers, professional
13-15 court employees, or professional consultants in addition to the
13-16 testimony of witnesses. Prior to the disposition hearing, the
13-17 court shall provide the attorney for the child with access to all
13-18 written matter to be considered in disposition. The court may
13-19 order counsel not to reveal items to the child or the child's [his]
13-20 parent, guardian, or guardian ad litem if such disclosure would
13-21 materially harm the treatment and rehabilitation of the child or
13-22 would substantially decrease the likelihood of receiving
13-23 information from the same or similar sources in the future.
13-24 (c) No disposition may be made under this section unless the
13-25 child is in need of rehabilitation or the protection of the public
13-26 or the child requires that disposition be made. If the court or
13-27 jury does not so find, the court shall dismiss the child and enter
13-28 a final judgment without any disposition. No disposition placing
13-29 the child on probation outside the child's home may be made under
13-30 this section unless the court or jury finds that the child, in the
13-31 child's home, cannot be provided the quality of care and level of
13-32 support and supervision that the child needs to meet the conditions
13-33 of the probation.
13-34 (d) If the court or jury makes the finding specified in
13-35 Subsection (c) allowing the court to make a disposition in the
13-36 case:
13-37 (1) the court or jury may, in addition to any order
13-38 required or authorized under Section 54.041 or 54.042, place the
13-39 child on probation on such reasonable and lawful terms as the court
13-40 may determine:
13-41 (A) in the child's [his] own home or in the
13-42 custody of a relative or other fit person; or
13-43 (B) subject to the finding under Subsection (c)
13-44 on the placement of the child outside the child's home, in:
13-45 (i) a suitable foster home; or
13-46 (ii) a suitable public or private
13-47 institution or agency, except the Texas Youth Commission;
13-48 (2) if the court or jury found at the conclusion of
13-49 the adjudication hearing that the child engaged in delinquent
13-50 conduct that violates a penal law of this state or the United
13-51 States of the grade of felony or, if the requirements of Subsection
13-52 (s) or (t) [(q)] are met, of the grade of misdemeanor, and if the
13-53 petition was not approved by the grand jury under Section 53.045,
13-54 the court may commit the child to the Texas Youth Commission
13-55 without a determinate sentence;
13-56 (3) if the court or jury found at the conclusion of
13-57 the adjudication hearing that the child engaged in delinquent
13-58 conduct that included a violation of a penal law listed in Section
13-59 53.045(a) and if the petition was approved by the grand jury under
13-60 Section 53.045, the court or jury may sentence the child to
13-61 commitment in the Texas Youth Commission with a possible transfer
13-62 to the institutional division or the pardons and paroles division
13-63 of the Texas Department of Criminal Justice for a term of:
13-64 (A) not more than 40 years if the conduct
13-65 constitutes:
13-66 (i) a capital felony;
13-67 (ii) a felony of the first degree; or
13-68 (iii) an aggravated controlled substance
13-69 felony;
14-1 (B) not more than 20 years if the conduct
14-2 constitutes a felony of the second degree; or
14-3 (C) not more than 10 years if the conduct
14-4 constitutes a felony of the third degree;
14-5 (4) the court may assign the child an appropriate
14-6 sanction level and sanctions as provided by the assignment
14-7 guidelines in Section 59.003; or
14-8 (5) if applicable, the court or jury may make a
14-9 disposition under Subsection (m).
14-10 (e) The Texas Youth Commission shall accept a person
14-11 properly committed to it by a juvenile court even though the person
14-12 may be 17 years of age or older at the time of commitment.
14-13 (f) The court shall state specifically in the order its
14-14 reasons for the disposition and shall furnish a copy of the order
14-15 to the child. If the child is placed on probation, the terms of
14-16 probation shall be written in the order.
14-17 (g) If the court orders a disposition under Subsection
14-18 (d)(3) or (m) [of this section] and there is an affirmative finding
14-19 that the defendant used or exhibited a deadly weapon during the
14-20 commission of the conduct or during immediate flight from
14-21 commission of the conduct, the court shall enter the finding in the
14-22 order. If there is an affirmative finding that the deadly weapon
14-23 was a firearm, the court shall enter that finding in the order.
14-24 (h) At the conclusion of the dispositional hearing, the
14-25 court shall inform the child of:
14-26 (1) the child's right to appeal, as required by
14-27 Section 56.01 [of this code]; and
14-28 (2) the procedures for the sealing of the child's
14-29 records under Section 58.003 [of this code].
14-30 (i) If the court places the child on probation outside the
14-31 child's home or commits the child to the Texas Youth Commission,
14-32 the court:
14-33 (1) shall include in its order its determination that:
14-34 (A) [(1)] it is in the child's best interests to
14-35 be placed outside the child's home;
14-36 (B) [(2)] reasonable efforts were made to
14-37 prevent or eliminate the need for the child's removal from the home
14-38 and to make it possible for the child to return to the child's
14-39 home; and
14-40 (C) [(3)] the child, in the child's home, cannot
14-41 be provided the quality of care and level of support and
14-42 supervision that the child needs to meet the conditions of
14-43 probation; and
14-44 (2) may approve an administrative body to conduct
14-45 permanency hearings pursuant to 42 U.S.C. Section 675 if required
14-46 during the placement or commitment of the child.
14-47 (j) If the court or jury found that the child engaged in
14-48 delinquent conduct that included a violation of a penal law of the
14-49 grade of felony or jailable misdemeanor, the court:
14-50 (1) shall require that the child's thumbprint be
14-51 affixed to the order; and
14-52 (2) may require that a photograph of the child be
14-53 attached to the order.
14-54 (k) Except as provided by Subsection (m), the period to
14-55 which a court or jury may sentence a person to commitment to the
14-56 Texas Youth Commission with a transfer to the Texas Department of
14-57 Criminal Justice under Subsection (d)(3) [of this section] applies
14-58 without regard to whether the person has previously been
14-59 adjudicated as having engaged in delinquent conduct.
14-60 (l) Except as provided by Subsection (q), a court or jury
14-61 may place a child on probation under Subsection (d)(1) for any
14-62 period, except that probation may not continue on or after the
14-63 child's 18th birthday. Except as provided by Subsection (q), the
14-64 court may, before the period of probation ends, extend the
14-65 probation for any period, except that the probation may not extend
14-66 to or after the child's 18th birthday.
14-67 (m) The court or jury may sentence a child adjudicated for
14-68 habitual felony conduct as described by Section 51.031 to a term
14-69 prescribed by Subsection (d)(3) and applicable to the conduct
15-1 adjudicated in the pending case if:
15-2 (1) a petition was filed and approved by a grand jury
15-3 under Section 53.045 alleging that the child engaged in habitual
15-4 felony conduct; and
15-5 (2) the court or jury finds beyond a reasonable doubt
15-6 that the allegation described by Subdivision (1) in the grand jury
15-7 petition is true.
15-8 (n) A court may order a disposition of secure confinement of
15-9 a status offender adjudicated for violating a valid court order
15-10 only if:
15-11 (1) before the order is issued, the child received the
15-12 full due process rights guaranteed by the Constitution of the
15-13 United States or the Texas Constitution; and
15-14 (2) the juvenile probation department in a report
15-15 authorized by Subsection (b):
15-16 (A) reviewed the behavior of the child and the
15-17 circumstances under which the child was brought before the court;
15-18 (B) determined the reasons for the behavior that
15-19 caused the child to be brought before the court; and
15-20 (C) determined that all dispositions, including
15-21 treatment, other than placement in a secure detention facility or
15-22 secure correctional facility, have been exhausted or are clearly
15-23 inappropriate.
15-24 (o) In a disposition under this title:
15-25 (1) a [A] status offender may not, under any
15-26 circumstances, be committed to the Texas Youth Commission for
15-27 engaging in conduct that would not, under state or local law, be a
15-28 crime if committed by an adult;
15-29 (2) a status offender may not, under any circumstances
15-30 other than as provided under Subsection (n), be placed in a
15-31 post-adjudication secure correctional facility; and
15-32 (3) a child adjudicated for contempt of a justice or
15-33 municipal court order may not, under any circumstances, be placed
15-34 in a post-adjudication secure correctional facility or committed to
15-35 the Texas Youth Commission for that conduct.
15-36 (p) Except as provided by Subsection (l), a court that
15-37 places a child on probation under Subsection (d)(1) for conduct
15-38 described by Section 54.0405(b) and punishable as a felony shall
15-39 specify a minimum probation period of two years.
15-40 (q) If a court or jury sentences a child to commitment in
15-41 the Texas Youth Commission under Subsection (d)(3) for a term of
15-42 not more than 10 years, the court or jury may place the child on
15-43 probation under Subsection (d)(1) as an alternative to making the
15-44 disposition under Subsection (d)(3). The court shall prescribe the
15-45 period of probation ordered under this subsection for a term of not
15-46 more than 10 years. The court may, before the sentence of
15-47 probation expires, extend the probationary period under Section
15-48 54.05, except that the sentence of probation and any extension may
15-49 not exceed 10 years. The court may, before the child's 18th
15-50 birthday, discharge the child from the sentence of probation. If a
15-51 sentence of probation ordered under this subsection and any
15-52 extension of probation ordered under Section 54.05 will continue
15-53 after the child's 18th birthday, the court shall discharge the
15-54 child from the sentence of probation on the child's 18th birthday
15-55 unless the court transfers the child to an appropriate district
15-56 court under Section 54.051.
15-57 (r) [(q)] If the judge orders a disposition under this
15-58 section and there is an affirmative finding that the victim or
15-59 intended victim was younger than 17 years of age at the time of the
15-60 conduct, the judge shall enter the finding in the order.
15-61 (s) [(q)] The court may make a disposition under Subsection
15-62 (d)(2) for delinquent conduct that violates a penal law of the
15-63 grade of misdemeanor if:
15-64 (1) the child has been adjudicated as having engaged
15-65 in delinquent conduct violating a penal law of the grade of [felony
15-66 or] misdemeanor on at least two previous occasions;
15-67 (2) of the previous adjudications, the conduct that
15-68 was the basis for one of the adjudications occurred after the date
15-69 of another previous adjudication; and
16-1 (3) the conduct that is the basis of the current
16-2 adjudication occurred after the date of at least two previous
16-3 adjudications.
16-4 (t) The court may make a disposition under Subsection (d)(2)
16-5 for delinquent conduct that violates a penal law of the grade of
16-6 misdemeanor if:
16-7 (1) the child has been adjudicated as having engaged
16-8 in delinquent conduct violating a penal law of the grade of felony
16-9 on at least one previous occasion; and
16-10 (2) the conduct that is the basis of the current
16-11 adjudication occurred after the date of that previous adjudication.
16-12 (u) For the purposes of disposition under Subsection (d)(2),
16-13 delinquent conduct that violates a penal law of this state of the
16-14 grade of felony or misdemeanor does not include conduct that
16-15 violates a lawful order of a municipal, justice, or juvenile court
16-16 under circumstances that would constitute contempt of that court.
16-17 SECTION 23. Section 54.041, Family Code, is amended by
16-18 amending Subsection (b) and adding Subsection (h) to read as
16-19 follows:
16-20 (b) If a child is found to have engaged in delinquent
16-21 conduct or conduct indicating a need for supervision arising from
16-22 the commission of an offense in which property damage or loss or
16-23 personal injury occurred, the juvenile court, on notice to all
16-24 persons affected and on hearing, may order the child or a parent to
16-25 make full or partial restitution to the victim of the offense. The
16-26 program of restitution must promote the rehabilitation of the
16-27 child, be appropriate to the age and physical, emotional, and
16-28 mental abilities of the child, and not conflict with the child's
16-29 schooling. When practicable and subject to court supervision, the
16-30 court may approve a restitution program based on a settlement
16-31 between the child and the victim of the offense. An order under
16-32 this subsection may provide for periodic payments by the child or a
16-33 parent of the child for the period specified in the order but
16-34 except as provided by Subsection (h), that period may not extend
16-35 past the date of the 18th birthday of the child or past the date
16-36 the child is no longer enrolled in an accredited secondary school
16-37 in a program leading toward a high school diploma, whichever date
16-38 is later.
16-39 (h) If the juvenile court places the child on probation in a
16-40 determinate sentence proceeding initiated under Section 53.045 and
16-41 transfers supervision on the child's 18th birthday to a district
16-42 court for placement on community supervision, the district court
16-43 shall require the payment of any unpaid restitution as a condition
16-44 of the community supervision. The liability of the child's parent
16-45 for restitution may not be extended by transfer to a district court
16-46 for supervision.
16-47 SECTION 24. Section 54.044(a), Family Code, is amended to
16-48 read as follows:
16-49 (a) If the court places a child on probation under Section
16-50 54.04(d), the court shall require as a condition of probation that
16-51 the child work a specified number of hours at a community service
16-52 project approved by the court and designated by the juvenile
16-53 probation department [board] as provided by Subsection (e), unless
16-54 the court determines and enters a finding on the order placing the
16-55 child on probation that:
16-56 (1) the child is physically or mentally incapable of
16-57 participating in the project;
16-58 (2) participating in the project will be a hardship on
16-59 the child or the family of the child; or
16-60 (3) the child has shown good cause that community
16-61 service should not be required.
16-62 SECTION 25. Chapter 54, Family Code, is amended by adding
16-63 Section 54.048 to read as follows:
16-64 Sec. 54.048. RESTITUTION. (a) A juvenile court, in a
16-65 disposition hearing under Section 54.04, may order restitution to
16-66 be made by the child and the child's parents.
16-67 (b) This section applies without regard to whether the
16-68 petition in the case contains a plea for restitution.
16-69 SECTION 26. Sections 54.05(d) and (h), Family Code, are
17-1 amended to read as follows:
17-2 (d) A hearing to modify disposition shall be held on the
17-3 petition of the child and his parent, guardian, guardian ad litem,
17-4 or attorney, or on the petition of the state, a probation officer,
17-5 or the court itself. Reasonable notice of a hearing to modify
17-6 disposition shall be given to all parties. [When the petition to
17-7 modify is filed under Section 51.03(a)(2) of this code, the court
17-8 must hold an adjudication hearing and make an affirmative finding
17-9 prior to considering any written reports under Subsection (e) of
17-10 this section.]
17-11 (h) A hearing shall be held prior to placement in a
17-12 post-adjudication secure correctional facility for a period longer
17-13 than 30 days or commitment to the Texas Youth Commission as a
17-14 modified disposition. In other disposition modifications, the
17-15 child and the child's parent, guardian, guardian ad litem, or
17-16 attorney may waive hearing in accordance with Section 51.09.
17-17 SECTION 27. Section 54.05(j), Family Code, as added by
17-18 Chapter 1448, Acts of the 76th Legislature, Regular Session, 1999,
17-19 is redesignated as Section 54.05(k), Family Code, and amended to
17-20 read as follows:
17-21 (k) [(j)] The court may modify a disposition under
17-22 Subsection (f) that is based on a finding that the child engaged in
17-23 delinquent conduct that violates a penal law of the grade of
17-24 misdemeanor if:
17-25 (1) the child has been adjudicated as having engaged
17-26 in delinquent conduct violating a penal law of the grade of felony
17-27 or misdemeanor on at least two previous occasions; and
17-28 (2) of the previous adjudications, the conduct that
17-29 was the basis for one of the adjudications occurred after the date
17-30 of another previous adjudication.
17-31 SECTION 28. Section 54.11(d), Family Code, is amended to
17-32 read as follows:
17-33 (d) At a hearing under this section the court may consider
17-34 written reports from probation officers, professional court
17-35 employees, [or] professional consultants, or employees of the Texas
17-36 Youth Commission, in addition to the testimony of witnesses. At
17-37 least one day before the hearing, the court shall provide the
17-38 attorney for the person to be transferred or released under
17-39 supervision with access to all written matter to be considered by
17-40 the court.
17-41 SECTION 29. Section 55.41, Family Code, is amended by adding
17-42 Subsection (c) to read as follows:
17-43 (c) On receipt of the court's order, the Texas Department of
17-44 Mental Health and Mental Retardation or the appropriate community
17-45 center shall admit the child to a residential care facility.
17-46 SECTION 30. Subchapter C, Chapter 55, Family Code, is
17-47 amended by adding Section 55.45 to read as follows:
17-48 Sec. 55.45. STANDARDS OF CARE; NOTICE OF RELEASE OR
17-49 FURLOUGH. (a) If the juvenile court or a court to which the
17-50 child's case is referred under Section 55.37(2) orders mental
17-51 health services for the child, the child shall be cared for,
17-52 treated, and released in accordance with Subtitle C, Title 7,
17-53 Health and Safety Code, except that the administrator of a mental
17-54 health facility shall notify, in writing, by certified mail, return
17-55 receipt requested, the juvenile court that ordered mental health
17-56 services or that referred the case to a court that ordered mental
17-57 health services of the intent to discharge the child on or before
17-58 the 10th day before the date of discharge.
17-59 (b) If the juvenile court or a court to which the child's
17-60 case is referred under Section 55.40(2) orders the commitment of
17-61 the child to a residential care facility, the child shall be cared
17-62 for, treated, and released in accordance with Subtitle D, Title 7,
17-63 Health and Safety Code, except that the administrator of the
17-64 residential care facility shall notify, in writing, by certified
17-65 mail, return receipt requested, the juvenile court that ordered
17-66 commitment of the child or that referred the case to a court that
17-67 ordered commitment of the child of the intent to discharge or
17-68 furlough the child on or before the 20th day before the date of
17-69 discharge or furlough.
18-1 SECTION 31. Section 55.60, Family Code, is amended by adding
18-2 Subsection (c) to read as follows:
18-3 (c) On receipt of the court's order, the Texas Department of
18-4 Mental Health and Mental Retardation or the appropriate community
18-5 center shall admit the child to a residential care facility.
18-6 SECTION 32. Section 56.01, Family Code, is amended by adding
18-7 Subsection (o) to read as follows:
18-8 (o) This section does not limit a child's right to obtain a
18-9 writ of habeas corpus.
18-10 SECTION 33. Section 58.002, Family Code, is amended by
18-11 amending Subsections (a) and (b) and adding Subsection (e) to read
18-12 as follows:
18-13 (a) Except as provided by Chapter 63, Code of Criminal
18-14 Procedure [Chapter 79, Human Resources Code], a child may not be
18-15 photographed or fingerprinted without the consent of the juvenile
18-16 court unless the child is taken into custody or referred to the
18-17 juvenile court for conduct that constitutes a felony or a
18-18 misdemeanor punishable by confinement in jail.
18-19 (b) On or before December 31 of each year, the head of each
18-20 municipal or county law enforcement agency located in a county
18-21 shall certify to the juvenile board for that county that the
18-22 photographs and fingerprints required to be destroyed under Section
18-23 58.001 have been destroyed. The juvenile board shall conduct or
18-24 cause to be conducted an audit of the records of the law
18-25 enforcement agency to verify the destruction of the photographs and
18-26 fingerprints and the law enforcement agency shall make its records
18-27 available for this purpose. If the audit shows that the
18-28 certification provided by the head of the law enforcement agency is
18-29 false, that person is subject to prosecution for perjury under
18-30 Chapter 37, Penal Code.
18-31 (e) This section does not prohibit a law enforcement officer
18-32 from fingerprinting or photographing a child as provided by Section
18-33 58.0021.
18-34 SECTION 34. Subchapter A, Chapter 58, Family Code, is
18-35 amended by adding Section 58.0021 to read as follows:
18-36 Sec. 58.0021. FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN
18-37 INVESTIGATION. (a) A law enforcement officer may take temporary
18-38 custody of a child to take the child's fingerprints if:
18-39 (1) the officer has probable cause to believe that the
18-40 child has engaged in delinquent conduct;
18-41 (2) the officer has investigated that conduct and has
18-42 found other fingerprints during the investigation; and
18-43 (3) the officer has probable cause to believe that the
18-44 child's fingerprints will match the other fingerprints.
18-45 (b) A law enforcement officer may take temporary custody of
18-46 a child to take the child's photograph if:
18-47 (1) the officer has probable cause to believe that the
18-48 child has engaged in delinquent conduct; and
18-49 (2) the officer has probable cause to believe that the
18-50 child's photograph will be of material assistance in the
18-51 investigation of that conduct.
18-52 (c) Temporary custody for the purpose described by
18-53 Subsection (a) or (b):
18-54 (1) is not a taking into custody under Section 52.01;
18-55 and
18-56 (2) may not be reported to the juvenile justice
18-57 information system under Subchapter B.
18-58 (d) If a law enforcement officer does not take the child
18-59 into custody under Section 52.01, the child shall be released from
18-60 temporary custody authorized under this section as soon as the
18-61 fingerprints or photographs are obtained.
18-62 (e) A law enforcement officer who under this section obtains
18-63 fingerprints or photographs from a child shall:
18-64 (1) immediately destroy them if they do not lead to a
18-65 positive comparison or identification; and
18-66 (2) make a reasonable effort to notify the child's
18-67 parent, guardian, or custodian of the action taken.
18-68 (f) A law enforcement officer may under this section obtain
18-69 fingerprints or photographs from a child at:
19-1 (1) a juvenile processing office; or
19-2 (2) a location that affords reasonable privacy to the
19-3 child.
19-4 SECTION 35. Subchapter A, Chapter 58, Family Code, is
19-5 amended by adding Section 58.0022 to read as follows:
19-6 Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
19-7 RUNAWAYS. A law enforcement officer who takes a child into custody
19-8 with probable cause to believe that the child has engaged in
19-9 conduct indicating a need for supervision as described by Section
19-10 51.03(b)(3) and who after reasonable effort is unable to determine
19-11 the identity of the child, may fingerprint or photograph the child
19-12 to establish the child's identity. On determination of the child's
19-13 identity or that the child cannot be identified by the fingerprints
19-14 or photographs, the law enforcement officer shall immediately
19-15 destroy all copies of the fingerprint records or photographs of the
19-16 child.
19-17 SECTION 36. Section 58.007, Family Code, is amended by
19-18 adding Subsection (i) to read as follows:
19-19 (i) In addition to the authority to release information
19-20 under Subsection (b)(5), a juvenile probation department may
19-21 release information contained in its records without leave of the
19-22 juvenile court pursuant to guidelines adopted by the juvenile
19-23 board.
19-24 SECTION 37. Subchapter A, Chapter 58, Family Code, is
19-25 amended by adding Section 58.0071 to read as follows:
19-26 Sec. 58.0071. DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND
19-27 FILES. (a) In this section:
19-28 (1) "Juvenile case" means:
19-29 (A) a referral for conduct indicating a need for
19-30 supervision or delinquent conduct; or
19-31 (B) if a petition was filed, all charges made in
19-32 the petition.
19-33 (2) "Physical records and files" include entries in a
19-34 computer file or information on microfilm, microfiche, or any other
19-35 electronic storage media.
19-36 (b) The custodian of physical records and files in a
19-37 juvenile case may destroy the records and files if the custodian
19-38 duplicates the information in the records and files in a computer
19-39 file or information on microfilm, microfiche, or any other
19-40 electronic storage media.
19-41 (c) The following persons may authorize, subject to
19-42 Subsections (d) and (e) and any other restriction the person may
19-43 impose, the destruction of the physical records and files relating
19-44 to a closed juvenile case:
19-45 (1) a juvenile board in relation to the records and
19-46 files in the possession of the juvenile probation department;
19-47 (2) the head of a law enforcement agency in relation
19-48 to the records and files in the possession of the agency; and
19-49 (3) a prosecuting attorney in relation to the records
19-50 and files in the possession of the prosecuting attorney's office.
19-51 (d) The physical records and files of a juvenile case may
19-52 only be destroyed if the child who is the respondent in the case:
19-53 (1) is at least 18 years of age and:
19-54 (A) the most serious allegation adjudicated was
19-55 conduct indicating a need for supervision;
19-56 (B) the most serious allegation was conduct
19-57 indicating a need for supervision and there was not an
19-58 adjudication; or
19-59 (C) the referral or information did not relate
19-60 to conduct indicating a need for supervision or delinquent conduct
19-61 and the juvenile court or the court's staff did not take action on
19-62 the referral or information for that reason;
19-63 (2) is at least 21 years of age and:
19-64 (A) the most serious allegation adjudicated was
19-65 delinquent conduct that violated a penal law of the grade of
19-66 misdemeanor; or
19-67 (B) the most serious allegation was delinquent
19-68 conduct that violated a penal law of the grade of misdemeanor or
19-69 felony and there was not an adjudication; or
20-1 (3) is at least 31 years of age and the most serious
20-2 allegation adjudicated was delinquent conduct that violated a penal
20-3 law of the grade of felony.
20-4 (e) If a record or file contains information relating to
20-5 more than one juvenile case, information relating to each case may
20-6 only be destroyed if:
20-7 (1) the destruction of the information is authorized
20-8 under this section; and
20-9 (2) the information can be separated from information
20-10 that is not authorized to be destroyed under this section.
20-11 (f) This section does not affect the destruction of physical
20-12 records and files authorized by the Texas State Library Records
20-13 Retention Schedule.
20-14 SECTION 38. Section 58.101(4), Family Code, is amended to
20-15 read as follows:
20-16 (4) "Incident number" means a unique number assigned
20-17 to a child during a specific custodial or detention period or for a
20-18 specific referral to the office or official designated by the
20-19 juvenile board [court], if the juvenile offender was not taken into
20-20 custody before the referral.
20-21 SECTION 39. Section 58.112, Family Code, is amended to read
20-22 as follows:
20-23 Sec. 58.112. REPORT TO LEGISLATURE. Not later than August
20-24 [January] 15 of each year, the Texas Juvenile Probation Commission
20-25 [Criminal Justice Policy Council] shall submit to the lieutenant
20-26 governor, the speaker of the house of representatives, and the
20-27 governor a report that contains the following statistical
20-28 information relating to children referred to a juvenile court
20-29 during the preceding year:
20-30 (1) the ages, races, and counties of residence of the
20-31 children transferred to a district court or criminal district court
20-32 for criminal proceedings; and
20-33 (2) the ages, races, and counties of residence of the
20-34 children committed to the Texas Youth Commission, placed on
20-35 probation, or discharged without any disposition.
20-36 SECTION 40. Chapter 58, Family Code, is amended by adding
20-37 Subchapter C to read as follows:
20-38 SUBCHAPTER C. AUTOMATIC RESTRICTION OF ACCESS TO RECORDS
20-39 Sec. 58.201. DEFINITION. In this subchapter, "department"
20-40 means the Department of Public Safety of the State of Texas.
20-41 Sec. 58.202. EXEMPTED RECORDS. The following records are
20-42 exempt from this subchapter:
20-43 (1) sex offender registration records maintained by
20-44 the department or a local law enforcement agency under Chapter 62,
20-45 Code of Criminal Procedure; and
20-46 (2) records relating to a criminal combination or
20-47 criminal street gang maintained by the department or a local law
20-48 enforcement agency under Chapter 61, Code of Criminal Procedure.
20-49 Sec. 58.203. CERTIFICATION. The department shall certify to
20-50 the juvenile court or the juvenile probation department to which a
20-51 referral was made that resulted in information being submitted to
20-52 the juvenile justice information system that the records relating
20-53 to a person's juvenile case are subject to automatic restriction of
20-54 access if:
20-55 (1) the person is at least 21 years of age;
20-56 (2) the juvenile case did not include violent or
20-57 habitual felony conduct resulting in proceedings in the juvenile
20-58 court under Section 53.045;
20-59 (3) the juvenile case was not certified for trial in
20-60 criminal court under Section 54.02; and
20-61 (4) the department has not received a report in its
20-62 criminal history system that the person was granted deferred
20-63 adjudication for or convicted of a felony or a misdemeanor
20-64 punishable by confinement in jail for an offense committed after
20-65 the person became 17 years of age.
20-66 Sec. 58.204. RESTRICTED ACCESS ON CERTIFICATION. (a) On
20-67 certification of records in a case under Section 58.203, the
20-68 department, except as provided by Subsection (b):
20-69 (1) may not disclose the existence of the records or
21-1 any information from the records in response to an inquiry from:
21-2 (A) a law enforcement agency;
21-3 (B) a criminal or juvenile justice agency;
21-4 (C) a governmental or other agency given access
21-5 to information under Chapter 411, Government Code; or
21-6 (D) any other person, agency, organization, or
21-7 entity; and
21-8 (2) shall respond to a request for information about
21-9 the records by stating that the records do not exist.
21-10 (b) On certification of records in a case under Section
21-11 58.203, the department may permit access to the information in the
21-12 juvenile justice information system relating to the case of an
21-13 individual only:
21-14 (1) by a criminal justice agency for a criminal
21-15 justice purpose, as those terms are defined by Section 411.082,
21-16 Government Code; or
21-17 (2) for research purposes, by the Texas Juvenile
21-18 Probation Commission, the Texas Youth Commission, or the Criminal
21-19 Justice Policy Council.
21-20 Sec. 58.205. REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION
21-21 ON CERTIFICATION. On certification of records in a case under
21-22 Section 58.203, the department shall request the Federal Bureau of
21-23 Investigation to:
21-24 (1) place the information in its files on restricted
21-25 status, with access only by a criminal justice agency for a
21-26 criminal justice purpose, as those terms are defined by Section
21-27 411.082, Government Code; or
21-28 (2) if the action described in Subdivision (1) is not
21-29 feasible, delete all information in its database concerning the
21-30 case.
21-31 Sec. 58.206. EFFECT OF CERTIFICATION IN RELATION TO THE
21-32 PROTECTED PERSON. (a) On certification of records in a case under
21-33 Section 58.203:
21-34 (1) the person who is the subject of the records is
21-35 not required to state in any proceeding, except as otherwise
21-36 authorized by law in a criminal proceeding in which the person is
21-37 testifying as a defendant, or in any application for employment,
21-38 licensing, or other public or private benefit that the person has
21-39 been a respondent in a case under this title and may not be
21-40 punished, by perjury prosecution or otherwise, for denying:
21-41 (A) the existence of the records; or
21-42 (B) the person's participation in a juvenile
21-43 proceeding related to the records; and
21-44 (2) information from the records may not be admitted
21-45 against the person who is the subject of the records in a civil or
21-46 criminal proceeding except a proceeding in which a juvenile
21-47 adjudication was admitted under:
21-48 (A) Section 12.42, Penal Code;
21-49 (B) Article 37.07, Code of Criminal Procedure;
21-50 or
21-51 (C) as otherwise authorized by criminal
21-52 procedural law.
21-53 (b) A person who is the subject of records certified under
21-54 this subchapter may not waive the restricted status of the records
21-55 or the consequences of the restricted status.
21-56 Sec. 58.207. JUVENILE COURT ORDERS ON CERTIFICATION. (a) On
21-57 certification of records in a case under Section 58.203, the
21-58 juvenile court shall order:
21-59 (1) that the following records relating to the case
21-60 may be accessed only as provided by Section 58.204(b):
21-61 (A) if the respondent was committed to the Texas
21-62 Youth Commission, records maintained by the commission;
21-63 (B) records maintained by the juvenile probation
21-64 department and by any agency that provided care or custody of the
21-65 child under order or arrangement of the juvenile court;
21-66 (C) records maintained by the clerk of the
21-67 court;
21-68 (D) records maintained by the prosecutor's
21-69 office; and
22-1 (E) records maintained by a law enforcement
22-2 agency; and
22-3 (2) the juvenile probation department to make a
22-4 reasonable effort to notify the person who is the subject of
22-5 records for which access has been restricted of the action
22-6 restricting access and the legal significance of the action for the
22-7 person.
22-8 (b) On receipt of an order under Subsection (a)(1), the
22-9 agency maintaining the records:
22-10 (1) may allow access only as provided by Section
22-11 58.204(b); and
22-12 (2) shall respond to a request for information about
22-13 the records by stating that the records do not exist.
22-14 Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the final
22-15 discharge of a child from the juvenile system or on the last
22-16 official action in the case, if there is no adjudication, the
22-17 appropriate juvenile justice official shall provide to the child:
22-18 (1) a written explanation of how automatic restricted
22-19 access under this subchapter works; and
22-20 (2) a copy of this subchapter.
22-21 Sec. 58.209. INFORMATION TO CHILD BY PROBATION OFFICER OR
22-22 TEXAS YOUTH COMMISSION. (a) When a child is placed on probation
22-23 for an offense that may be eligible for automatic restricted access
22-24 at age 21 or when a child is received by the Texas Youth Commission
22-25 on an indeterminate commitment, a probation officer or an official
22-26 at the Texas Youth Commission reception center, as soon as
22-27 practicable, shall explain the substance of the following
22-28 information to the child:
22-29 (1) if the child was adjudicated as having committed
22-30 delinquent conduct for a felony or jailable misdemeanor, that the
22-31 child probably has a juvenile record with the department and the
22-32 Federal Bureau of Investigation;
22-33 (2) that the child's juvenile record is a permanent
22-34 record that is not destroyed or erased unless the record is
22-35 eligible for sealing and the child or the child's family hires a
22-36 lawyer and files a petition in court to have the record sealed;
22-37 (3) that the child's juvenile record, other than
22-38 treatment records made confidential by law, can be accessed by
22-39 police, sheriff's officers, prosecutors, probation officers,
22-40 correctional officers, and other criminal and juvenile justice
22-41 officials in this state and elsewhere;
22-42 (4) that the child's juvenile record, other than
22-43 treatment records made confidential by law, can be accessed by
22-44 employers, educational institutions, licensing agencies, and other
22-45 organizations when the child applies for employment or educational
22-46 programs;
22-47 (5) if the child's juvenile record is placed on
22-48 restricted access when the child becomes 21 years of age, that
22-49 access will be denied to employers, educational institutions, and
22-50 others except for criminal justice agencies;
22-51 (6) that to have the child's juvenile record placed on
22-52 restricted access at age 21, the child must not:
22-53 (A) commit a felony or jailable misdemeanor; and
22-54 (B) receive deferred adjudication for or be
22-55 convicted in adult court of a felony or jailable misdemeanor; and
22-56 (7) that restricted access does not require any action
22-57 by the child or the child's family, including the filing of a
22-58 petition or hiring of a lawyer, but occurs automatically at age 21
22-59 if the child does not commit a criminal offense in the future.
22-60 (b) The probation officer or Texas Youth Commission official
22-61 shall:
22-62 (1) give the child a written copy of the explanation
22-63 provided; and
22-64 (2) communicate the same information to at least one
22-65 of the child's parents or, if none can be found, to the child's
22-66 guardian or custodian.
22-67 (c) The Texas Juvenile Probation Commission and the Texas
22-68 Youth Commission shall adopt rules to implement this section and to
22-69 facilitate the effective explanation of the information required to
23-1 be communicated by this section.
23-2 Sec. 58.210. SEALING OR DESTRUCTION OF RECORDS NOT AFFECTED.
23-3 (a) This subchapter does not prevent or restrict the sealing or
23-4 destruction of juvenile records as authorized by law.
23-5 (b) Restricted access provided under this subchapter is in
23-6 addition to sealing or destruction of juvenile records.
23-7 (c) A person who is the subject of records certified under
23-8 this subchapter is entitled to access to the records for the
23-9 purpose of preparing and presenting a motion to seal or destroy the
23-10 records.
23-11 SECTION 41. Sections 59.003(a), (c), and (e), Family Code,
23-12 are amended to read as follows:
23-13 (a) Subject to Subsection (e), after a child's first
23-14 commission of delinquent conduct or conduct indicating a need for
23-15 supervision, the probation department or prosecuting attorney may,
23-16 or the juvenile court may, in a disposition hearing under Section
23-17 54.04 or a modification hearing under Section 54.05, assign a child
23-18 one of the following sanction levels according to the child's
23-19 conduct:
23-20 (1) for conduct indicating a need for supervision,
23-21 other than conduct described in Section 51.03(b)(5) or a Class A or
23-22 B misdemeanor, the sanction level is one;
23-23 (2) for conduct indicating a need for supervision
23-24 under Section 51.03(b)(5) or a Class A or B misdemeanor, other than
23-25 a misdemeanor involving the use or possession of a firearm, or for
23-26 delinquent conduct under Section 51.03(a)(2) [or (3)], the sanction
23-27 level is two;
23-28 (3) for a misdemeanor involving the use or possession
23-29 of a firearm or for a state jail felony or a felony of the third
23-30 degree, the sanction level is three;
23-31 (4) for a felony of the second degree, the sanction
23-32 level is four;
23-33 (5) for a felony of the first degree, other than a
23-34 felony involving the use of a deadly weapon or causing serious
23-35 bodily injury, the sanction level is five;
23-36 (6) for a felony of the first degree involving the use
23-37 of a deadly weapon or causing serious bodily injury, for an
23-38 aggravated controlled substance felony, or for a capital felony,
23-39 the sanction level is six; or
23-40 (7) for a felony of the first degree involving the use
23-41 of a deadly weapon or causing serious bodily injury, for an
23-42 aggravated controlled substance felony, or for a capital felony, if
23-43 the petition has been approved by a grand jury under Section
23-44 53.045, or if a petition to transfer the child to criminal court
23-45 has been filed under Section 54.02, the sanction level is seven.
23-46 (c) Subject to Subsection (e), if the child's subsequent
23-47 commission of delinquent conduct or conduct indicating a need for
23-48 supervision involves a violation of a penal law of a classification
23-49 that is the same as or greater than the classification of the
23-50 child's previous conduct, the juvenile court may assign the child a
23-51 sanction level authorized by law that is one level higher than the
23-52 previously assigned sanction level[, unless:]
23-53 [(1) the child's previously assigned sanction level is
23-54 five and the child has not been adjudicated for delinquent conduct;]
23-55 [(2) the child's previously assigned sanction level is
23-56 six, unless the subsequent violation is of a provision listed under
23-57 Section 53.045(a) and the petition has been approved by a grand
23-58 jury under Section 53.045; or]
23-59 [(3) the child's previously assigned sanction level is
23-60 seven].
23-61 (e) Except as otherwise provided by this subsection, a [A]
23-62 juvenile court or probation department that deviates from the
23-63 guidelines under this section shall state in writing its reasons
23-64 for the deviation and submit the statement to the juvenile board
23-65 regardless of whether a progressive sanctions program has been
23-66 adopted by the juvenile board. Nothing in this chapter prohibits
23-67 the imposition of appropriate sanctions that are different from
23-68 those provided at any sanction level. A juvenile court that makes
23-69 a disposition required by this title that deviates from the
24-1 guidelines under this section is not required to report the
24-2 disposition as a deviation.
24-3 SECTION 42. Section 59.007(a), Family Code, is amended to
24-4 read as follows:
24-5 (a) For a child at sanction level four, the juvenile court
24-6 may:
24-7 (1) require the child to participate as a condition of
24-8 probation for not less than three months or more than 12 months in
24-9 an [a highly] intensive services probation [and regimented] program
24-10 that emphasizes frequent contact and reporting with a probation
24-11 officer, discipline, intensive supervision services [physical
24-12 fitness], social responsibility, and productive work;
24-13 (2) after release from the program described by
24-14 Subdivision (1), continue the child on probation supervision for
24-15 not less than six months or more than 12 months;
24-16 (3) require the child to make restitution to the
24-17 victim of the child's conduct or perform community service
24-18 restitution appropriate to the nature and degree of harm caused and
24-19 according to the child's ability;
24-20 (4) impose highly structured restrictions on the
24-21 child's activities and requirements for behavior of the child as
24-22 conditions of probation;
24-23 (5) require a probation officer to closely monitor the
24-24 child;
24-25 (6) require the child or the child's parents or
24-26 guardians to participate in programs or services designed to
24-27 address their particular needs and circumstances; and
24-28 (7) if appropriate, impose additional sanctions.
24-29 SECTION 43. Section 59.011, Family Code, is amended to read
24-30 as follows:
24-31 Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall
24-32 require the juvenile probation department to [prepare a] report
24-33 progressive sanction data electronically to the Texas Juvenile
24-34 Probation Commission in the format and time frames specified by the
24-35 commission [, at least quarterly on forms provided by the
24-36 commission, showing the referrals, probation or progressive
24-37 sanctions violations, and commitments to the Texas Youth Commission
24-38 administered under this chapter according to the progressive
24-39 sanctions guidelines and the reasons for any deviations from the
24-40 guidelines].
24-41 SECTION 44. Section 59.012, Family Code, is amended to read
24-42 as follows:
24-43 Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
24-44 (a) [The Texas Youth Commission shall compile information, at
24-45 least quarterly, showing the commitments, placements, parole
24-46 releases, and revocations administered under this chapter according
24-47 to the progressive sanctions guidelines and the reasons for any
24-48 deviation from the guidelines.]
24-49 [(b) The Texas Juvenile Probation Commission and the Texas
24-50 Youth Commission shall compile the information obtained under this
24-51 section and Section 59.011 and submit this information to the
24-52 Criminal Justice Policy Council.]
24-53 [(c)] The Criminal Justice Policy Council shall analyze
24-54 trends related to juvenile referrals, compliance with the
24-55 progressive sanctions guidelines, and the impact of the guidelines
24-56 and related reforms on recidivism rates using standard scientific
24-57 sampling or appropriate scientific methodologies to represent
24-58 statewide patterns. The council shall compile other policy studies
24-59 as determined by the executive director of the council or as
24-60 requested by the governor, lieutenant governor, or speaker of the
24-61 house of representatives to assist in policy development.
24-62 (b) The Criminal Justice Policy Council shall report its
24-63 findings and related recommendations to improve juvenile justice
24-64 policies to the governor and the members of the legislature on or
24-65 before January 15 of each odd-numbered year.
24-66 (c) The Criminal Justice Policy Council may incorporate its
24-67 findings and recommendations under this section into its report
24-68 required under Section 413.013, Government Code [the information
24-69 compiled by the Texas Juvenile Probation Commission and the Texas
25-1 Youth Commission under this section and submit the council's
25-2 findings and recommendations at least annually to the governor and
25-3 both houses of the legislature showing the primary reasons for any
25-4 deviation and the effect of the implementation of the sanctions
25-5 guidelines on recidivism rates].
25-6 SECTION 45. Section 261.103(a), Family Code, is amended to
25-7 read as follows:
25-8 (a) Except as provided by Subsection (b) and Section
25-9 261.405, a report shall be made to:
25-10 (1) any local or state law enforcement agency;
25-11 (2) the department if the alleged or suspected abuse
25-12 involves a person responsible for the care, custody, or welfare of
25-13 the child;
25-14 (3) the state agency that operates, licenses,
25-15 certifies, or registers the facility in which the alleged abuse or
25-16 neglect occurred; or
25-17 (4) the agency designated by the court to be
25-18 responsible for the protection of children.
25-19 SECTION 46. Section 261.405, Family Code, is amended to read
25-20 as follows:
25-21 Sec. 261.405. INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS
25-22 AND FACILITIES. (a) In this section:
25-23 (1) "Juvenile justice facility" means a facility
25-24 operated wholly or partly by the juvenile board or by a private
25-25 vendor under a contract with the juvenile board or county that
25-26 serves juveniles under juvenile court jurisdiction. The term
25-27 includes:
25-28 (A) a public or private juvenile
25-29 pre-adjudication secure detention facility, including a holdover
25-30 facility;
25-31 (B) a public or private juvenile
25-32 post-adjudication secure correctional facility except for a
25-33 facility operated solely for children committed to the Texas Youth
25-34 Commission; and
25-35 (C) a public or private non-secure juvenile
25-36 post-adjudication residential treatment facility that is not
25-37 licensed by the Department of Protective and Regulatory Services or
25-38 the Texas Commission on Alcohol and Drug Abuse.
25-39 (2) "Juvenile justice program" means a program
25-40 operated wholly or partly by the juvenile board or by a private
25-41 vendor under a contract with a juvenile board that serves juveniles
25-42 under juvenile court jurisdiction. The term includes:
25-43 (A) a juvenile justice alternative education
25-44 program; and
25-45 (B) a non-residential program that serves
25-46 juvenile offenders under the jurisdiction of the juvenile court.
25-47 (b) A report of alleged abuse or neglect in any [a public or
25-48 private] juvenile justice program or [pre-adjudication secure
25-49 detention] facility[, including hold-over facilities, or public or
25-50 private juvenile post-adjudication secure correctional facility,
25-51 except for a facility operated solely for children committed to the
25-52 Texas Youth Commission,] shall be made to the Texas Juvenile
25-53 Probation Commission and a local law enforcement agency for
25-54 investigation. [The local law enforcement agency shall immediately
25-55 notify the Texas Juvenile Probation Commission of any report the
25-56 agency receives.]
25-57 (c) [(b)] The Texas Juvenile Probation Commission shall
25-58 conduct an investigation as provided by this chapter if the
25-59 commission receives a report of alleged abuse or neglect in any
25-60 juvenile justice program or facility[, including a juvenile justice
25-61 alternative education program, operated wholly or partly by:]
25-62 [(1) a local juvenile probation department; or]
25-63 [(2) a private vendor operating under the authority of
25-64 a county juvenile board in accordance with the standards adopted by
25-65 the commission].
25-66 (d) [(c)] In an investigation required under this section,
25-67 the investigating agency shall have access to medical and mental
25-68 health records as provided by Subchapter D.
25-69 SECTION 47. Subsections (a) and (g), Article 15.27, Code of
26-1 Criminal Procedure, are amended to read as follows:
26-2 (a) A law enforcement agency that arrests any person or
26-3 refers a child to the office or official designated by the juvenile
26-4 board [court] who the agency believes is enrolled as a student in a
26-5 public primary or secondary school, for an offense listed in
26-6 Subsection (h), shall attempt to ascertain whether the person is so
26-7 enrolled. If the law enforcement agency ascertains that the
26-8 individual is enrolled as a student in a public primary or
26-9 secondary school, the agency shall orally notify the superintendent
26-10 or a person designated by the superintendent in the school district
26-11 in which the student is enrolled of that arrest or referral within
26-12 24 hours after the arrest or referral is made, or on the next
26-13 school day. If the law enforcement agency cannot ascertain whether
26-14 the individual is enrolled as a student, the agency shall orally
26-15 notify the superintendent or a person designated by the
26-16 superintendent in the school district in which the student is
26-17 believed to be enrolled of that arrest or detention within 24 hours
26-18 after the arrest or detention, or on the next school day. If the
26-19 individual is a student, the superintendent shall promptly notify
26-20 all instructional and support personnel who have responsibility for
26-21 supervision of the student. All personnel shall keep the
26-22 information received in this subsection confidential. The State
26-23 Board for Educator Certification may revoke or suspend the
26-24 certification of personnel who intentionally violate this
26-25 subsection. Within seven days after the date the oral notice is
26-26 given, the law enforcement agency shall mail written notification,
26-27 marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the
26-28 superintendent or the person designated by the superintendent. Both
26-29 the oral and written notice shall contain sufficient details of the
26-30 arrest or referral and the acts allegedly committed by the student
26-31 to enable the superintendent or the superintendent's designee to
26-32 determine whether there is a reasonable belief that the student has
26-33 engaged in conduct defined as a felony offense by the Penal Code.
26-34 The information contained in the notice may be considered by the
26-35 superintendent or the superintendent's designee in making such a
26-36 determination.
26-37 (g) The office of the prosecuting attorney or the office or
26-38 official designated by the juvenile board [court] shall, within two
26-39 working days, notify the school district that removed a student to
26-40 an alternative education program under Section 37.006, Education
26-41 Code, if:
26-42 (1) prosecution of the student's case was refused for
26-43 lack of prosecutorial merit or insufficient evidence and no formal
26-44 proceedings, deferred adjudication, or deferred prosecution will be
26-45 initiated; or
26-46 (2) the court or jury found the student not guilty or
26-47 made a finding the child did not engage in delinquent conduct or
26-48 conduct indicating a need for supervision and the case was
26-49 dismissed with prejudice.
26-50 SECTION 48. Article 15.27(h), Code of Criminal Procedure, as
26-51 amended by Chapters 1015 and 1233, Acts of the 75th Legislature,
26-52 Regular Session, 1997, is reenacted and amended to read as follows:
26-53 (h) This article applies to any felony offense and the
26-54 following misdemeanors:
26-55 (1) an offense under Section [19.02, 19.03, 19.04,
26-56 19.05,] 20.02, [20.03, 20.04,] 21.08, [21.11,] 22.01, [22.011,
26-57 22.02, 22.021, 22.04,] 22.05, 22.07, [28.02, 29.02, 29.03, 30.02,]
26-58 or 71.02, Penal Code;
26-59 (2) the unlawful use, sale, or possession of a
26-60 controlled substance, drug paraphernalia, or marihuana, as defined
26-61 by Chapter 481, Health and Safety Code; or
26-62 (3) the unlawful possession of any of the weapons or
26-63 devices listed in Sections 46.01(1)-(14) or (16), Penal Code,[;] or
26-64 a weapon listed as a prohibited weapon under Section 46.05, Penal
26-65 Code[; or]
26-66 [(4) a felony offense in which a deadly weapon, as
26-67 defined by Section 1.07, Penal Code, was used or exhibited].
26-68 SECTION 49. Subchapter B, Chapter 45, Code of Criminal
26-69 Procedure, is amended by adding Article 45.0216 to read as follows:
27-1 Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS OF
27-2 CHILDREN. (a) In this article, "child" has the meaning assigned by
27-3 Section 51.02, Family Code.
27-4 (b) A person convicted of not more than one offense
27-5 described by Section 8.07(a)(4) or (5), Penal Code, while the
27-6 person was a child may, on or after the person's 17th birthday,
27-7 apply to the court in which the child was convicted to have the
27-8 conviction expunged as provided by this article.
27-9 (c) The person must make a written request to have the
27-10 records expunged. The request is not required to be under oath.
27-11 (d) The request must contain the person's statement that the
27-12 person was not convicted while the person was a child of any
27-13 offense described by Section 8.07(a)(4) or (5), Penal Code, other
27-14 than the offense the person seeks to have expunged.
27-15 (e) The judge shall inform the person and any parent in open
27-16 court of the person's expunction rights and provide them with a
27-17 copy of this article.
27-18 (f) If the court finds that the person was not convicted of
27-19 any other offense described by Section 8.07(a)(4) or (5), Penal
27-20 Code, while the person was a child, the court shall order the
27-21 conviction, together with all complaints, verdicts, sentences, and
27-22 prosecutorial and law enforcement records, and any other documents
27-23 relating to the offense, expunged from the person's record. After
27-24 entry of the order, the person is released from all disabilities
27-25 resulting from the conviction and the conviction may not be shown
27-26 or made known for any purpose.
27-27 (g) This article does not apply to any offense otherwise
27-28 covered by:
27-29 (1) Chapter 106, Alcoholic Beverage Code;
27-30 (2) Chapter 161, Health and Safety Code; or
27-31 (3) Section 25.094, Education Code.
27-32 (h) Records of a person under 17 years of age relating to a
27-33 complaint dismissed as provided by Article 45.051 or 45.052 may be
27-34 expunged under this article.
27-35 (i) The justice or municipal court may not require a person
27-36 who requests expungement under this article to pay any fee or court
27-37 costs.
27-38 (j) The procedures for expunction provided under this
27-39 article are separate and distinct from the expunction procedures
27-40 under Chapter 55.
27-41 SECTION 50. Article 45.050(b), Code of Criminal Procedure,
27-42 is amended to read as follows:
27-43 (b) If a person who is a child under Section 51.02, Family
27-44 Code, fails to obey an order of a justice or municipal court under
27-45 circumstances that would constitute contempt of court, the justice
27-46 or municipal court has jurisdiction to:
27-47 (1) hold the child in contempt of the justice or
27-48 municipal court order as provided by Section 54.023 [52.027(h)],
27-49 Family Code; or
27-50 (2) refer the child to the appropriate juvenile court
27-51 for delinquent conduct for contempt of the justice or municipal
27-52 court order.
27-53 SECTION 51. Subchapter B, Chapter 45, Code of Criminal
27-54 Procedure, is amended by adding Article 45.054 to read as follows:
27-55 Art. 45.054. AUTHORITY TO EMPLOY CASE MANAGERS FOR JUVENILE
27-56 CASES. (a) A justice or municipal court, with the written consent
27-57 of the city council or the commissioners court, as appropriate, may
27-58 employ a case manager to provide services in cases before the court
27-59 dealing with juvenile offenders consistent with the court's
27-60 statutory powers.
27-61 (b) One or more justice or municipal courts, with the
27-62 written consent of the city council or the commissioners court, as
27-63 appropriate, may agree under Chapter 791, Government Code, to
27-64 jointly employ a case manager.
27-65 SECTION 52. Article 62.12(a), Code of Criminal Procedure, is
27-66 amended to read as follows:
27-67 (a) The duty to register for a person with a reportable
27-68 conviction [or adjudication] for a sexually violent offense or for
27-69 an offense under Section 25.02, 43.05(a)(2), or 43.26, Penal Code,
28-1 ends when the person dies. This subsection does not apply to an
28-2 adjudication by a juvenile court under Title 3, Family Code.
28-3 SECTION 53. Chapter 62, Code of Criminal Procedure, is
28-4 amended by adding Article 62.13 to read as follows:
28-5 Art. 62.13. HEARING TO DETERMINE NEED FOR REGISTRATION OF A
28-6 JUVENILE. (a) A person who has an adjudication of delinquent
28-7 conduct that would otherwise be reportable under Article 62.01(5)
28-8 does not have a reportable adjudication of delinquent conduct for
28-9 purposes of this chapter if the juvenile court enters an order
28-10 under this article excusing compliance by the person with the
28-11 registration requirements of this chapter.
28-12 (b) After disposition of a case under Section 54.04, Family
28-13 Code, for adjudication of an offense for which registration is
28-14 required under this chapter, the juvenile court on motion of the
28-15 respondent shall conduct a hearing to determine whether the
28-16 interests of the public require registration under this chapter.
28-17 (c) The hearing is without a jury and the burden of
28-18 persuasion is on the respondent to show by a preponderance of
28-19 evidence that the criteria of Subsection (e) have been met. The
28-20 court at the hearing may make its determination based on:
28-21 (1) the receipt of exhibits;
28-22 (2) the testimony of witnesses;
28-23 (3) representations of counsel for the parties; or
28-24 (4) the contents of a social history report prepared
28-25 by the juvenile probation department that may include the results
28-26 of testing and examination of the respondent by a psychologist,
28-27 psychiatrist, or counselor.
28-28 (d) All written matter considered by the court shall be
28-29 disclosed to all parties as provided by Section 54.04(b), Family
28-30 Code.
28-31 (e) The court shall enter an order excusing compliance with
28-32 the registration requirements of this chapter if the court
28-33 determines:
28-34 (1) that the protection of the public would not be
28-35 increased by registration of the respondent under this chapter; or
28-36 (2) that any potential increase in protection of the
28-37 public resulting from registration is clearly outweighed by the
28-38 anticipated substantial harm to the respondent and the respondent's
28-39 family that would result from registration under this chapter.
28-40 (f) The prosecuting attorney may waive the state's right to
28-41 a hearing under this article and agree that registration under this
28-42 chapter is not required. If the waiver is entered under a plea
28-43 agreement, the court shall without a hearing enter an order
28-44 excusing compliance with the registration requirements of this
28-45 chapter or, under Section 54.03(j), Family Code, inform the
28-46 respondent that the court believes a hearing under this article is
28-47 required and give the respondent the opportunity to withdraw the
28-48 respondent's plea of guilty, nolo contendere, or true or to affirm
28-49 the respondent's plea and participate in the hearing. If the
28-50 waiver is entered other than under a plea agreement, the court
28-51 shall without a hearing enter an order excusing compliance with the
28-52 registration requirements of this chapter. The waiver must state
28-53 whether or not it is entered under a plea agreement. The
28-54 respondent may as part of a plea agreement promise not to file a
28-55 motion seeking an order excusing registration, in which case the
28-56 court may not recognize the motion.
28-57 (g) Notwithstanding Section 56.01, Family Code, on entry by
28-58 a juvenile court of an order under Subsection (e) excusing
28-59 registration under this chapter, the prosecuting attorney may
28-60 appeal that order by giving notice of appeal within the time
28-61 required under Rule 26.2(b), Texas Rules of Appellate Procedure.
28-62 The appeal is civil and the standard of review in the appellate
28-63 court is whether the juvenile court committed procedural error or
28-64 abused its discretion in excusing compliance with registration.
28-65 The appeal is limited to review of the order excusing compliance
28-66 with registration and may not include any other issues in the case.
28-67 (h) The respondent may under Section 56.01, Family Code,
28-68 appeal the juvenile court's order requiring registration in the
28-69 same manner as the appeal of any other legal issue in the case.
29-1 The standard of review in the appellate court is whether the
29-2 juvenile court committed procedural error or abused its discretion
29-3 in not excusing compliance with registration.
29-4 (i) If the juvenile court enters an order excusing
29-5 registration, the respondent may not be required to register in
29-6 this or any other state for the offense for which registration was
29-7 excused.
29-8 (j) After a hearing under Subsection (b) or under a plea
29-9 agreement under Subsection (f), the juvenile court may enter an
29-10 order deferring decision on requiring registration until the
29-11 respondent has completed a sex offender treatment program as a
29-12 condition of probation or while committed to the Texas Youth
29-13 Commission. The court retains discretion to require or to excuse
29-14 registration at any time during the treatment program or on its
29-15 successful or unsuccessful completion. During the period of
29-16 deferral, registration may not be required.
29-17 (k) After a hearing under Subsection (b) or under a plea
29-18 agreement under Subsection (f), the juvenile court may enter an
29-19 order requiring the respondent to register as a sex offender but
29-20 provide that the registration information is not public information
29-21 and is restricted to use by law enforcement and criminal justice
29-22 agencies. Information obtained under this subsection may not be
29-23 posted on the Internet or released to the public.
29-24 (l) A person who has registered as a sex offender for an
29-25 adjudication of delinquent conduct, regardless of when the
29-26 delinquent conduct or the adjudication for the conduct occurred,
29-27 may file a motion in the adjudicating juvenile court for a hearing
29-28 seeking excusal from registration as provided by Subsection (e) or
29-29 seeking under Subsection (k) an order that the registration become
29-30 nonpublic.
29-31 (m) The person may file a motion under Subsection (l) in the
29-32 original juvenile case regardless of whether the person is at the
29-33 time of filing 18 years of age or older. Notice of the motion
29-34 shall be provided to the prosecuting attorney. A hearing on the
29-35 motion shall be provided as in other cases under this article.
29-36 (n) A motion may be filed under Subsection (l) only if a
29-37 previous motion under this article has not been filed concerning
29-38 that case.
29-39 (o) To the extent feasible, the motion under Subsection (l)
29-40 shall identify those public and private agencies and organizations
29-41 that possess sex offender registration information about the case.
29-42 (p) The juvenile court, after a hearing, may:
29-43 (1) deny the motion;
29-44 (2) grant the motion to excuse all registration; or
29-45 (3) grant the motion to change the registration from
29-46 public to nonpublic.
29-47 (q) If the court grants the motion, a copy of the court's
29-48 order shall be sent to each public and private agency or
29-49 organization that the court determines may be in possession of sex
29-50 offender registration information. The order shall require the
29-51 recipient to conform its records to the court's orders either by
29-52 deleting the information or changing its status to nonpublic, as
29-53 the order requires.
29-54 (r) A private agency or organization that possesses sex
29-55 offender registration information it obtained from a state, county,
29-56 or local governmental entity is required to conform its records to
29-57 the court's order on or before the 30th day after the date of its
29-58 entry. Failure to comply in that period automatically bars the
29-59 agency or organization from obtaining sex offender registration
29-60 information from any state, county, or local governmental entity in
29-61 this state in the future.
29-62 SECTION 54. Section 25.094(d), Education Code, is amended to
29-63 read as follows:
29-64 (d) If the justice or municipal court believes [finds] that
29-65 a child has violated an order issued under Subsection (c), the
29-66 court may proceed as authorized by Section 54.023, Family Code, by
29-67 holding [shall transfer the complaint against] the child in
29-68 contempt and imposing a fine not to exceed $500 or by referring[,
29-69 together with all pleadings and orders, to a juvenile court for the
30-1 county in which] the child to [resides. The] juvenile court for
30-2 delinquent [shall] conduct [an adjudication hearing as provided by
30-3 Section 54.03, Family Code. The adjudication hearing shall be de
30-4 novo].
30-5 SECTION 55. Subchapter F, Chapter 411, Government Code, is
30-6 amended by adding Sections 411.137 and 411.138 to read as follows:
30-7 Sec. 411.137. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
30-8 TEXAS JUVENILE PROBATION COMMISSION. The Texas Juvenile Probation
30-9 Commission is entitled to obtain from the department criminal
30-10 history record information maintained by the department that
30-11 relates to a person who is:
30-12 (1) an applicant for a position with the commission;
30-13 (2) an applicant for certification from the
30-14 commission; or
30-15 (3) a holder of a certification from the commission.
30-16 Sec. 411.138. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
30-17 JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT. A juvenile board
30-18 or juvenile probation department is entitled to obtain from the
30-19 department criminal history record information maintained by the
30-20 department that relates to a person who is:
30-21 (1) an applicant for a position with the juvenile
30-22 probation department;
30-23 (2) an employee for whom the juvenile board or
30-24 juvenile probation department will seek certification from the
30-25 Texas Juvenile Probation Commission; or
30-26 (3) an employee or department applicant who currently
30-27 holds certification from the Texas Juvenile Probation Commission.
30-28 SECTION 56. Section 499.053, Government Code, is amended by
30-29 adding Subsection (d) to read as follows:
30-30 (d) A person transferred from the Texas Youth Commission for
30-31 the offense of capital murder shall become eligible for parole as
30-32 provided in Section 508.145(d) for an offense listed in Section 3g,
30-33 Article 42.12, Code of Criminal Procedure, or an offense for which
30-34 a deadly weapon finding has been made.
30-35 SECTION 57. Section 141.042(e), Human Resources Code, is
30-36 amended to read as follows:
30-37 (e) Juvenile probation departments shall use the mental
30-38 health screening instrument selected [standard assessment tool
30-39 developed] by the commission [or a similar tool developed by a
30-40 juvenile probation department and approved by the commission] for
30-41 the initial screening [assessment] of children under the
30-42 jurisdiction of probation departments who have been formally
30-43 referred to the department. The commission shall give priority to
30-44 training in the use of this instrument [tool] in any preservice or
30-45 in-service training that the commission provides for probation
30-46 officers. Juvenile probation departments shall report data [the
30-47 information relating to the results] from the use of the screening
30-48 instrument [standard assessment tool or other similar tool] to the
30-49 commission in a format and in the time [manner] prescribed by the
30-50 commission. [The assessment tool shall:]
30-51 [(1) facilitate assessment of a child's mental health,
30-52 family background, and level of education; and]
30-53 [(2) assist juvenile probation departments in
30-54 determining when a child in the department's jurisdiction is in
30-55 need of comprehensive psychological or other evaluation.]
30-56 SECTION 58. Section 141.0471(c), Human Resources Code, is
30-57 amended to read as follows:
30-58 (c) The governing board of each [Each] agency shall [by
30-59 rule] adopt the coordinated strategic plan on or before December
30-60 1st of each odd-numbered year, or before the adoption of the
30-61 agency's individual strategic plan, whichever is earlier.
30-62 SECTION 59. Section 141.061, Human Resources Code, is
30-63 amended by adding Subsection (f) to read as follows:
30-64 (f) The commission may waive the degree accreditation
30-65 requirement in Subsection (a)(2) if the applicant possesses a
30-66 foreign or other degree that the commission determines is the
30-67 substantial equivalent of a bachelor's degree. The commission
30-68 shall adopt rules defining the procedures to be used to request a
30-69 waiver of the accreditation requirement in Subsection (a)(2).
31-1 SECTION 60. Section 141.065, Human Resources Code, is
31-2 amended to read as follows:
31-3 Sec. 141.065. PERSONS WHO MAY NOT ACT AS JUVENILE PROBATION,
31-4 DETENTION, OR CORRECTIONS OFFICERS. A peace officer, prosecuting
31-5 attorney, or other person who is employed by or who reports
31-6 directly to a law enforcement or prosecution official may not act
31-7 as a juvenile probation, detention, or corrections officer or be
31-8 made responsible for supervising a juvenile on probation.
31-9 SECTION 61. Section 141.066, Human Resources Code, is
31-10 amended to read as follows:
31-11 Sec. 141.066. PROHIBITION ON CARRYING FIREARM. (a) A
31-12 juvenile probation, detention, or corrections officer may not carry
31-13 a firearm in the course of the person's official duties.
31-14 (b) This section does not apply to an employee of the Texas
31-15 Youth Commission.
31-16 SECTION 62. Chapter 142, Human Resources Code, is amended by
31-17 adding Section 142.005 to read as follows:
31-18 Sec. 142.005. ADMINISTRATION OF MEDICATION; IMMUNITY FROM
31-19 LIABILITY. (a) On the adoption of policies concerning the
31-20 administration of medication to juveniles by authorized employees,
31-21 the juvenile board and any authorized employee of a program or
31-22 facility operated by the juvenile board are not liable for damages
31-23 arising from the administration of medication to a juvenile if:
31-24 (1) the program or facility administrator has received
31-25 a written request to administer the medication from the parent,
31-26 legal guardian, or other person having legal control over the
31-27 juvenile; and
31-28 (2) when administering prescription medication, the
31-29 medication appears to be in the original container and to be
31-30 properly labeled.
31-31 (b) This section does not apply to:
31-32 (1) damages arising from the administration of
31-33 medication that is not in accordance with the prescription issued
31-34 by a medical practitioner; or
31-35 (2) an act or omission of a person administering
31-36 medication if the act or omission is:
31-37 (A) reckless or intentional;
31-38 (B) done wilfully, wantonly, or with gross
31-39 negligence; or
31-40 (C) done with conscious indifference or reckless
31-41 disregard for the safety of others.
31-42 SECTION 63. Section 152.0007(a), Human Resources Code, is
31-43 amended to read as follows:
31-44 (a) The juvenile board shall:
31-45 (1) establish a juvenile probation department and
31-46 employ [personnel to conduct probation services, including] a chief
31-47 probation officer [and, if more than one officer is necessary,
31-48 assistant officers,] who meets [meet] the standards set by the
31-49 Texas Juvenile Probation Commission; and
31-50 (2) adopt a budget and establish policies, including
31-51 financial policies, for [operate or supervise] juvenile services
31-52 within the jurisdiction of the board [in the county and make
31-53 recommendations as to the need for and purchase of services].
31-54 SECTION 64. Section 152.0008(a), Human Resources Code, is
31-55 amended to read as follows:
31-56 (a) The chief juvenile probation officer may, within the
31-57 budget adopted by the board, employ:
31-58 (1) assistant officers who meet the standards set by
31-59 the Texas Juvenile Probation Commission; and
31-60 (2) other [appoint] necessary personnel [with the
31-61 approval of the board].
31-62 SECTION 65. Sections 152.0010(a) and (b), Human Resources
31-63 Code, are amended to read as follows:
31-64 (a) A [Each] juvenile board may [shall] appoint an advisory
31-65 council consisting of the number of [not more than nine] citizen
31-66 members determined appropriate by the board. To the extent
31-67 available in the county, the advisory council may include [,
31-68 including]:
31-69 (1) a prosecuting attorney as defined by Section
32-1 51.02, Family Code;
32-2 (2) a mental health professional;
32-3 (3) a medical health professional; and
32-4 (4) a representative of the education community.
32-5 (b) Council members serve [for staggered two-year] terms as
32-6 specified by the board [with as near as possible to half of the
32-7 members' terms expiring on January 31 of each year].
32-8 SECTION 66. Subchapter A, Chapter 152, Human Resources Code,
32-9 is amended by adding Section 152.0013 to read as follows:
32-10 Sec. 152.0013. IMMUNITY FROM LIABILITY. (a) A member of a
32-11 juvenile board is not liable for damages arising from an act or
32-12 omission committed while performing duties as a board member.
32-13 (b) This section does not apply if the act or omission is:
32-14 (1) reckless or intentional;
32-15 (2) done wilfully, wantonly, or with gross negligence;
32-16 or
32-17 (3) done with conscious indifference or reckless
32-18 disregard for the safety of others.
32-19 SECTION 67. Section 8.07(a), Penal Code, is amended to read
32-20 as follows:
32-21 (a) A person may not be prosecuted for or convicted of any
32-22 offense that the person [he] committed when younger than 15 years
32-23 of age except:
32-24 (1) perjury and aggravated perjury when it appears by
32-25 proof that the person [he] had sufficient discretion to understand
32-26 the nature and obligation of an oath;
32-27 (2) a violation of a penal statute cognizable under
32-28 Chapter 729, Transportation Code, except for:
32-29 (A) an offense under Section 550.021,
32-30 Transportation Code;
32-31 (B) an offense punishable as a Class B
32-32 misdemeanor under Section 550.022, Transportation Code; or
32-33 (C) an offense punishable as a Class B
32-34 misdemeanor under Section 550.024, Transportation Code;
32-35 (3) a violation of a motor vehicle traffic ordinance
32-36 of an incorporated city or town in this state;
32-37 (4) a misdemeanor punishable by fine only other than
32-38 public intoxication;
32-39 (5) a violation of a penal ordinance of a political
32-40 subdivision; [or]
32-41 (6) a violation of a penal statute that is, or is a
32-42 lesser included offense of, a capital felony, an aggravated
32-43 controlled substance felony, or a felony of the first degree for
32-44 which the person is transferred to the court under Section 54.02,
32-45 Family Code, for prosecution if the person committed the offense
32-46 when 14 years of age or older; or
32-47 (7) a capital felony or an offense under Section 19.02
32-48 for which the person is transferred to the court under Section
32-49 54.02(j)(2)(A), Family Code.
32-50 SECTION 68. Section 39.04(e)(2), Penal Code, is amended to
32-51 read as follows:
32-52 (2) "Custody" means the detention, arrest, or
32-53 confinement of an adult offender or the detention or the commitment
32-54 of a juvenile offender to a facility operated by or under a
32-55 contract with the Texas Youth Commission or a facility operated by
32-56 or under contract with [of] a juvenile board [offender].
32-57 SECTION 69. The following are repealed:
32-58 (1) Sections 52.027(h) and (j), Family Code;
32-59 (2) Section 54.022(e), Family Code;
32-60 (3) Article 58.01, Code of Criminal Procedure;
32-61 (4) Section 21.002(h), Government Code; and
32-62 (5) Section 53.001, Human Resources Code.
32-63 SECTION 70. (a) This Act takes effect September 1, 2001.
32-64 (b) Except as otherwise provided by this section, this Act
32-65 applies only to conduct that occurs on or after the effective date
32-66 of this Act. Conduct violating the penal laws of this state
32-67 occurs on or after the effective date of this Act if any element of
32-68 the violation occurs on or after that date. Conduct that occurs
32-69 before the effective date of this Act is governed by the law in
33-1 effect at the time the conduct occurred, and that law is continued
33-2 in effect for that purpose.
33-3 (c) Section 54.04, Family Code, as amended by Section 22 of
33-4 this Act, applies only to a disposition by a court made on or after
33-5 the effective date of this Act without regard to whether previous
33-6 adjudications of delinquent conduct on which the disposition is
33-7 based occurred before, on, or after the effective date of this Act.
33-8 (d) Section 58.0071, Family Code, as added by Section 37 of
33-9 this Act, applies to the destruction of records and files in a
33-10 juvenile case on or after the effective date of this Act, without
33-11 regard to whether the records or files destroyed were in existence
33-12 before, on, or after the effective date of this Act.
33-13 (e) Subchapter C, Chapter 58, Family Code, as added by
33-14 Section 40 of this Act, applies to records relating to a juvenile
33-15 case without regard to whether those records existed or were
33-16 maintained before, on, or after the effective date of this Act.
33-17 (f) Article 62.13, Code of Criminal Procedure, as added by
33-18 Section 53 of this Act, applies to a juvenile adjudicated for an
33-19 offense for which registration as a sex offender is required and
33-20 applies without regard to whether the offense and adjudication
33-21 occurred before, on, or after the effective date of this Act.
33-22 * * * * *