1-1     By:  West                                              S.B. No. 678
 1-2           (In the Senate - Filed February 13, 2001; February 14, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     February 21, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     February 21, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 678                     By:  West
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the period during which a justice, municipal, or
1-11     juvenile court may defer proceedings against certain persons for
1-12     purposes of attending a teen court program.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subsections (a) and (c), Article 45.052, Code of
1-15     Criminal Procedure, are amended to read as follows:
1-16           (a)  A justice or municipal court may defer proceedings
1-17     against a defendant who is under the age of 18 or enrolled full
1-18     time in an accredited secondary school in a program leading toward
1-19     a high school diploma for not more than 180 [90] days if the
1-20     defendant:
1-21                 (1)  is charged with an offense that the court has
1-22     jurisdiction of under Article 4.11 or 4.14, Code of Criminal
1-23     Procedure;
1-24                 (2)  pleads nolo contendere or guilty to the offense in
1-25     open court with the defendant's parent, guardian, or managing
1-26     conservator present;
1-27                 (3)  presents to the court an oral or written request
1-28     to attend a teen court program; and
1-29                 (4)  has not successfully completed a teen court
1-30     program in the two years preceding the date that the alleged
1-31     offense occurred.
1-32           (c)  A defendant for whom proceedings are deferred under
1-33     Subsection (a) shall complete the teen court program not later than
1-34     the 90th day after the date the teen court hearing to determine
1-35     punishment is held.  The justice or municipal court shall dismiss
1-36     the charge at the conclusion of the deferral period if the
1-37     defendant presents satisfactory evidence that the defendant has
1-38     successfully completed the teen court program.
1-39           SECTION 2.  Subsections (a) and (c), Section 54.032, Family
1-40     Code, are amended to read as follows:
1-41           (a)  A juvenile court may defer adjudication proceedings
1-42     under Section 54.03 [of this code] for not more than 180 [90] days
1-43     if the child:
1-44                 (1)  is alleged to have engaged in conduct indicating a
1-45     need for supervision that violated a penal law of this state of the
1-46     grade of misdemeanor that is punishable by fine only or a penal
1-47     ordinance of a political subdivision of this state;
1-48                 (2)  waives, under Section 51.09 [of this code], the
1-49     privilege against self-incrimination and testifies under oath that
1-50     the allegations are true;
1-51                 (3)  presents to the court an oral or written request
1-52     to attend a teen court program; and
1-53                 (4)  has not successfully completed a teen court
1-54     program for the violation of the same penal law or ordinance in the
1-55     two years preceding the date that the alleged conduct occurred.
1-56           (c)  A child for whom adjudication proceedings are deferred
1-57     under Subsection (a) shall complete the teen court program not
1-58     later than the 90th day after the date the teen court hearing to
1-59     determine punishment is held.  The court shall dismiss the case
1-60     with prejudice at the conclusion of the deferral period if the
1-61     child presents satisfactory evidence that the child has
1-62     successfully completed the teen court program.
1-63           SECTION 3.  (a)  This Act takes effect September 1, 2001, and
1-64     applies only to a defendant charged with an offense committed or,
 2-1     for the purposes of Title 3,  Family Code, a child alleged to have
 2-2     engaged in conduct that occurs on or after the effective date of
 2-3     this Act.  An offense committed or conduct that occurs before the
 2-4     effective date of this Act is covered by the law in effect when the
 2-5     offense was committed or the conduct occurred, and the former law
 2-6     is continued in effect for that purpose.
 2-7           (b)  For purposes of this section, an offense was committed
 2-8     before the effective date of this Act if every element of the
 2-9     offense occurred before that date, and conduct violating a penal
2-10     law of this state occurred before the effective date of this Act if
2-11     every element of the violation occurred before that date.
2-12                                  * * * * *