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                                 * * * * *